1888. CONGRESSIONAL RECORD- SENATE. 8859 ' several other gentlemen here are, but the gentleman from New York PRIV~TE BILLS INTRODUCED .AND REFERRED. [Mr. TIMOTHY J. CAl\IPBELL], who introduced this bill or another of Under the rule private bills of the following titles were introduced the same kind, is not· present, and we have no right to put it beyond and referred as indicated below: the control of the Hou5e. For this reason I am opposed to making such By Mr. BUTLER: A bill (H. R. 11467) for the relief of William E. an order. Byrd-to the Committee on War Claims. ll!r. 1l!AISH. I demand the regular order. A.lso, a bill (H. R. 11468) granting a pension to William Bean-to the LAURA L. WALLEN. Committee on Invalid Pensions. Mr. McKENNA. I ask unanimous consent to discharge the Com By Mr. FULLER: A bill (H. R. 11469) for the relief of Roger N. mittee of the Whole from the further consideration of the bill (H. R. Willet-to the Committee on War Clrums. 5593) granting an increase of pension to Laura L. Wallen, and put it By Ur. HAYES: A bill (H. R. 11470) granting a pension to George upon its passage. F . White-to the Committee on Invalid Pensions. The bill was read, as follows: Also, a bill (H. R. 11471) granting a pension to Joseph H. Welty to the Committee on Invalid Pensions. Be it enacted, etc., That the Secretary of the Interior lie, and he is hereby, au thoriz""l and directed to increase the pension to Laura. L. Wallen, widow of .Also, a bill (H. R. 11472) granting a pension to George W. Bagley Henry D. Wallen, late colonel of the Second Infantry, United States Army, to to the Committee on Invalid Pensions. the sum of $50 per month. Also, a bill (H. R. 11473) granting a pension to .Uary F . Machlan There being no objection, the bill was considered, ordered to be en to the Committee on Invalid Pensions. grossed and read a third time; and being engrossed, it was accordingly A.lso, a bill (H. R. 11474) granting a pension to J . O'Donnell- to read the third time! and passed. the Committee on Invalid Pensions. ELEANOR B. GOODFELLOW. Also, a bill (H. R. 11475) for the relief of John Kane-to the Com Mr. MACDON A.LD. I ask the present consideration of the bill (S. mittee on War Claims. 1958) granting an increase of pension to Eleanor B. Goodfellow. By 1\Ir. HOLMAN: A bill (H. R. 11476) granting a pension to Nancy The bill was read, as follows: Harden-to the Committee on Invalid Pensions. . Also, a bill (H. R. 11477) granting a pension to Hester A. Bonnell Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au thoriz.ed and directed to place on the pension-roll, subject to the provisions and to the Committee on Invalid Pensions. limitations of the pension laws, the name of Eleanor B. Goodfellow, widow of By l\ir. HOVEY: A. bill (H. R. 11478) for the relief of Bennett J. Henry Goodfellow, late major and judge-advocate-general, United States Army, Crowder-to the Committee on Invalid Pensions. and pay her at the rate of $50 per month, in lieu of that which she is now re ceiving. By Ur. LAGAN: A bill (H. 'R. 11479) for the relief of Robley D. There being no objection, the Committee of the Whole· House was Evans and Richard M. Green-to the Committee on Patents. discharged from the further consideration of the bill, which was ordered By 1\Ir. POST: A bill (H. R. 11480) gmntin,g a pension to Andrew to a third reading, and being read the third time, wrus passed. Friend- to the Committee on Invalid Pensions. By Mr. ROWELL: A bill (H. R. 11481) for the relief of PhilipS. SAMUEL J. WRIGHT. Post-to the Committee on Claims. Mr. MOFFITT. I ask unanimous consent to discharge the Com By Mr. WEAVER: A bill (H. R. 11482) granting a pension to Mrs. mittee of the Whole House from the further consideration of the bill Sm~an A. Dean- to the Committee on Invalid Pensions. (H. R. 10647) grnnting a pension to Samuel J . Wright and put it upon Also, a bill (H. R. 11483) granting a pension to Susan Ruth- to its passage. the Committee on InYalid Pensions. The bill was read, as follows: Also, a bill (H. R. 11484) granting a pension to William Thomas Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au Goodson-to the Committee on Invalid Pensions. thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Samuel J. Wright, father of Darwin Also~ a bHl (H. R. 11485) granting a pension to Louisa Glass- to Wright, deceased, late of Company A, Second Regiment of New York Cavalry the Committee on In valid Pensions. Volunteers. Also, a bill (H. R. 11486) grantin~ a pension to Amanda L. Wisner There being no objection, the bill was ordered to be engrossed and to the Committee on Pensions. read a third time; and being engrossed, it was accordingly read the third Also, a bill (H. R. 11487) granting an increase of pension to Bennett time, and passed. · S. Shang-to the Committee on Pensi on~ . . BETSEY .A. MOWER. .Also, a bill lJ:f. R. 11488) granting an increase of pension to Thomas Mr. YODER. I ask that the bill (S. 2838) granting an increase of Adams-to the Committee on Pensions. pension to Betsy A. :Mower be put on its passage. Also, a bill (H. R. 11489) for the relief of Lymon E. Stanley- to the Mr. MORRILL. This bill has been reported to the House by the Committee on Military Affairs. Committee of the Whole and the report printed in the RECORD. The SPEAKER pro tempore. Is there objection to the consideration PETITIONS, ETC. of this bill? The Chair hears none. The following petitions and papers were laid on the Clerk's desk, The bill was ordered to a third reading; and it was accordingly read under the rule, and referred as follows: the third time, and passed. By 1\Ir. E. P . ALLEN: Petition of Harriet L. Whitacre, adminis Mr. YODER moved to reconsider the vote by which the bill was tratrix of William Root, for relief-to the Committee on the Post passed; and also moved that the motion to reconsider be laid on the Office and Post-Roads. t.able. Byl\Ir. PERKINS: ResolutionsofPleasantValley Grange, No. 1416, The latter motion was agreed to. of ~ow ley County, Kan...~s, asking for the passage of the bill to prevent JE.NNIE HART 1\IULLANY. the adulteration of food products-to the Committee on Agriculture. By Mr. RICE: Resolution of the Chamber of Commerce of St. Paul, Ur. O'NEILL, of Pennsylvania. I ask present consideration of the Minn., in favor of combining the third and fourth class postal matter bill (S. 2346) granting an increase of pension to Jennie Hart Mullany. under a uniform rate of 1 cent for each 2 ounces or fraction thereof The bill was read, as follows: • to the Committee on the Post-Office and Post-Roads. Be it enact.ed, etc., That the Secretary of the Interior be, and he is hereby, au thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Jennie Hart Mullany, widow of J . R. Madison MulJany, late rear-admiral in the United States Navy, and pay SENATE. her at the rate of $50 in lieu of that whicJ:l she is now receiving. The SPEAKER pro tempore. Is there objection to the present con MONDAY_, Septe·mber 24, 1888. sideration of the bill? The Chair hears none. Prayer by the Chaplain, Rev. J . G. BuTLER, D. D. The bill was ordered to a third reading; and it was accordingly read The Journal of the proceedings of Friday last was read and approved. the third time, and passed. . EXECUTIVE COMMUNICATIONS . . ~Ir . O'NEILL, of Pennsylvania, moved to reconsider the vote by which the bill was passed; and also moved that the motion to recon The PRESIDENT pro tempore1laid before the Senate a communica sider be laid on the table. tion from the Secretary of the Treasury, transmitting, in compliance The la~ter motion was agreed to. with a resolution of the 20th instant, a statement of the amount found due the State of California by the accounting officers of the Treasury SAMUEL LANE. Department under the act of June 27, 1882. Mr. MAISH. I askconside.rationofthe bill (S.120) gr:mtingapen The PRESIDENT pro tempore. If there be no objection, this com sion to Samuel Lane. munication, with the accompanying/ papers, will be referred to the The SPEAKER pro tempore. Is there objection? The Chair hears Committee on Appropriations. Shall the accompanying papers be none. printed? Mr. CARLTON. I call the attention of the Speakerto the fact that Mr. HALE. I think the papers had better be referred without print- the hour at which the House under the rule has to adjourn has arrived, ing . and I shall object to any other business being transacted. The PRESIDENT pro tempore. They will be referred without print- The SPEA.KE:&p1·a tempore. The hour of l 0.30having arrived, the ing, if there be no objection. . House stands adjourned until Monday, September 24, at 12 m. Mr. HALE. The bill should be taken up at once.
' 8860 CONGRESSIONAL RECORD-SENATE. SEPTEMBER 24,
The PRESIDENT pro tempore laid before the Senate a communica Judiciary to report favorably-with an amendment the bill (H. R. 6896) tion from the Secretary of the Treasury recommending an appropria to require the United States circuit and district judges to instruct the tion for the payment of messengers for conveying the votes of Presi jury in writing in certain cases. I ask that the bill may be considered dential electors under section 144 of the Revised Statutes of the United at this time. States; which, with the accompanying papers, was referred to the Com The PRESIDENT pro tempore. The Senator from Iowa asks unani mittee on Appropriations. mous consent for the present consideration of the bill reported by him. PETITIONS AND MEMORIALS. .Mr. WILSON, of Iowa. The amendment is to strike out all after Mr. D.A. WES. - I present a petition praying for the retirement of the enacting clause and insert a substitute. General William F. Smith with the rank of major-general, signed by The PRESIDENT pro tempore. Theproposedsubstitutewill be read a large number of soldiers, some of whom served under him, and all of for information. whom state that they are acquainted with his remarkable record. This The Secretary read the amendment, which was to strike out all after petition is headed by General Charles Devens, a brigadier-general in the enacting clause and insert: That in all States wherein by the laws thereof judges of courts of record are the late war, afterwards .A.ttorne.y-General of the United States, and required to reduce charges and instructions to juries to writing, judges of the now a judge of the supreme court of Massachusetts, and by others, alf district and circuit courts of the United States shall conform to such practice, of whom have a most honorable record in the late war. and such written in!ltructions shall be taken by the jury on their retirement, re· turned with their verdict,and retained with the tiles and be a part of the record I move that the petition be referred to the Committee on Military in each case. Affairs. . Mr. STEW.A.RT. I think that should lie over. The motion was agreed to. :M:r. WILSON, of Iowa. I will state that the amendment reported Mr. MANDERSON presented a memorial numerously signed by cit by the Judiciary Committee is simply the bill on this subject as it was izens, farmers of Cass County, N eb.ra&ka, remonstrating against the pas passed by the Senate. The House of Representatives bas sent us a bill sage of the so-called Mills tariff bill for the reason that it discrimi· in somewhat different terms, and we propose to amend that House bill nates against farming and other American industries; which was re by striking out all after the enacting clause and inserting the bill which ferred to the Committee on Finance. has already been passed by the Senate. .A.s reported. it has the unani Mr. PLUMB presented the petition ofthe L. E. King Post, No. 105, mous recommendation of the Committee on the Judiciary. Department of Kansas, Grand Army of the Republic, Augusta, Kans., Mr. STEW.A.RT. I desire to suggest to the Senator that it seems to praying for the passage of certain pension legislation; which was re me it would be well to disembarrass the courts to this extent- ferred to the Committee on Pensions. The P .RESIDENT pro tempore. The Chair would suggest to the HOMESTEAD ENTRIES. Senator from Nevada that debate is not in order if the bill is to go Mr. BERRY. I am directed by the Committee on Puhlic Lands, to over. Does the Senator insist on his objection? whom was-referred the bill (S. 3559) to amend section 2304 of theRe Mr. WILSON, of Iowa. I hope the bill may be proceeded with. vised Statutes of the United States, to allow honorably discharged sol Mr. STEW.A.RT. If the Senator will allow me to make my sugges diers and sailors of the late war who have abandoned or relinquished tion perhaps he will consent to have it go over. I desire to make an their homestead entrie:i before the expiration of the six months allowed amendment to the bill providing that the courts may have their charge by section 2304 of the Revised ~tatutes to make another entry, to re taken down, if they desire, by a shorthand reporter, because in the port it with an amendment in the nature of a substitute, and I amin rapidity of the business in the circuit courts the judges would be very structed by the committee, in view of the importance of the matter, to much embarrassed if the charge bad to be written out beforehand. ask for the present consideration of the bill. Very many of the jud_ges are in the habit of stating the charges from. The PRESIDENT pro tempore. The amendment will be read at the bench, and it would accomplish the purpose by having them taken length for information, if there be no objection. down by a shorthand reporter, and it would facilitate business very The Secretary read the amendment reported by the Committee on much. Pn blic Lands, which was to strike out all after the enacting c) a use and Mr. JONES, of Arkansas. I snould like unanimous consent to make insert: a suggestion to the Senat.or from Nevada. · That any person who has not heretofore perfected title to a. tract ofland which ,%he PRESIDENT pro te-mpore. Is there objection to the present he has made filingnpon under the pre-emption Jaw or entry of 'Under the home consideration of the bill this morning reported from the Committee on stead law, may make a. homestead entry of not exceeding one quarter section of public land subject to such entry, such previous filing or entry to the contrary the Judiciary? notwithstanding; but this right shall not apply to persons who perfect title to Mr. JONES, of Arkansas. I was going to ask-- lands under the pre-emption or homestead laws already initiated. The PRESIDENT pro temp01·e. Is there objection-to the present con The PRESIDENT pro tempore. Is there objection to the present sideration of the bill? consideration of the bill. Mr. TELLER. I should like to bear the bill read. There being no objection, the Senate, as in Committee of the Whole, The PRESIDENT pro tempore. The amendment will be again read proceeded to consider the bill. for information. The PRESIDENT pro tempore. The question is on agreeing to the · The Secretary read the amendment. amendment reported by the Committee on Public Lands. Mr. TELLER. I object to that measure. I know what bill it is. Mr. DOL~H. Let it be read again. I propose to antagoni~e that bill. The PRESIDENT pro tempore. It will be again read. The PRESIDENT pro tempore. Objection being made, the bill will The amendment was read. be placed on the Calendar. Mr. DOLPH. The bill comes from the Committee on Public Lands. MESSAGE FROM THE HOUSE. The PRESIDENT pro t.empore. It was reported from that commit- A message from the House of Representatives, by 1\Ir. CLARK, its tee this morning. Clerk, announced that the House had passed the following bills and Mr. PLUMB. If the Senator will permit me, I will state that that joint resolution; in which it requested the concurrence of the Senate: is precisely the provision contained in the general land bill we have re .A. bill (H. R. 148) for the relief of Isaac H. Wheat; ported several times. A bill (H. R. 157) correcting the military history of Robert Uc Mr. DOLPH. I simply desired to have the a,mendment read for in Nutt; formation, as I came in after the bil1 had been called up. A bill (H. R. 325) for the relief of Mrs. Mary T. Duncan; Mr. PLUMB. It is based upon the bill -introduced by the Senator A bill (H. R. 393) to provide for the payment of the claim of Capt. from Nebraska [Mr. MANDERSON], which was limited to persons who Roderick Mcintosh; had rendered honorable service and been honorably discharged from the A bill (H. R. 483) for the relief of Elizabeth Jones, widow of John Union Army; but the ·committee concluded to adhere to it1> former Jones, deceased, and to place the name of said J obn Jones on the mus action and provide that where a person had made a filing or entry of ter-rolls of Comp~y B, Second Regiment North Carolina Mounted In- homestead which he had not pursued to the point of completion, and fantry; · which the law required in detail, he might now make a homestead A bill (H. R. 724) for the relief of Louisa McLain; entry. A bill (H. R. 861) for the relief of Joseph Diehl; The PRESIDENT pro tempore. The question is on agreeing to the .A. bill (H. R.1152) for the relief of the legal representatives of Eliza amendment reported by the committee. M. Ferris; The amendment was agreed to. A bill (H. R. 2261) to increase the pension of Elijah W. Penny; The bill was reported to the Senate as amended, and the amendment A bill (H. R. 2267) to pay Thompson McKinley $375 for service was concurred in. voucher issued to him during the late war by Capt. George W. Harri The bill was ordered to be engrossed for a third reading, read the son, assistant quartermaster United States Army; third time, and passed. A bill (H. R. 2598) for the relief of William Whitehouse; The title was amended so as to read. " A bill to amend section 2304 A_bill (H. R. 2688) for the relief of Alfred Breuer; · of the Revised Statutes of the United States, to allow persons who A bill (H. R. 2839) granting a pension to Henry Sommers; have abandoned or relinquished their homestead entries to make an- A bill (H. R. 2875) for the relief of 1\frs. Louisa H. Hasell; other entry." ' · A bill (H. R. 3453) for the relief of George 0. Donnell; INSTRUCTIONS TO JURIES. .A. bill (H. R. 3471) for the relief oftbc First Baptist Church of CaJi. Mr. WILSON, of Iowa. I am instructed by the Committee on the tersville, Ga. ; 1888. CONGRESSIONAL RECORD- SENATE. 8861
A bill (H. R. 3681) granting a pension to Carter W. Tiller; the State of Missouri, from the eastern and attach it to the west-ern ju A bill (H. R. 4101) granting a pension to Martha Giddings, formerly dicial district of said State. Martha Priest; BILLS INTRODUCED. A bill (H. R. 4658) for the relief of Henry Gumbert..q, sr.; Mr. STEWART introduced a bill (S. 3579) to prohibit the immigra A bill (H. R. 4737) granting a pension to Micah French; tion of Chinese laborers, and for otherpurposes; which was read twice A bill (H. R. 5094) for the relief of Henry H. Epping and Alexander by its title, and referred to the Committee on Foreign Relations. N. Brannan, administrators.ofS. H. Hill; Mr. PLU~1B (by request) introduced a bill (S. 3580) offering are A bill (H. R. 5248) for the relief of the American Grocer Association ward of $100,000 to any person or persons what8oever who shall dis of the city of New York; cover the cause, remedy, and treatment of yellow fever; which was A bill (H. R. 5593) granting an increase of pension to Laura L. Wal read twice by its title, and referred to the Committee on Epidemic Dis len; eases. A bill (H. R. 5919) restoring to the pension-roll the name of James Mr. CALL introduced a bill (S. 3581) to establish ascientificbnreau Monohan, minor child of Richard Monohan, deceased; in the ·city of Jacksonville, Fla., to gather facts in relation to yellow A bill (H. R. 6012) for the relief of A. P. Swineford; fever, its origin and spread, and the best means of suppressing and pre A bill (H. R. 6560) for the relief ofi.he trustees of the Catholic venting it; which was read twice by its title, and referred to the Com Church at Dalton, Ga.; mittee on Epidemic Diseases. A bill {H. H.. 7801) for the relief of William F. C. Nindemann, form- Mr. CALL. I present to accompany the bill a telegram which I erly a seaman in the Navy; · have just received from J. J. Daniel, president of the board of health A bill (H. R. 9176) granting a pension to Charlotte Taylor; of Ja-cksonville, Fla., a very distinguished lawyer and citizen of that A bill (H. R. 9252) granting a pension to Mrs. Catherine Barberick, State, requesting the establishment of a commission for the purpose of of Watertown; ascertaining the facts in relation to yellow fever and its prevalence in A bill (H. R. 9388) to increase the pension of Joseph Holmes; the United States. I move the reference of the papEi" to the Commit A bill (H. R. 3512) granting a pension to Anthony Shafer; tee on Epidemic Diseases. A bill (H. R. 9759) granting a pension to John Wallace; The motion was agreed to. A bill (H. R. 9776) for the relief of Nancy E. Sawyer; Mr. HARRIS. In connection with the same subject I send a tele A bill (H. R. 10032) granting a pension to Milton Wallen; gram to the Secretary's desk in order that it may accompany the bill A bill (H. R. 10073) granting a pension toP. F. Jonte; in its reference, and which I desire to ha ve read. _A bill (H. R. 10100) for the relief of Charles F. Campbell; The telegram was read, and referred to the Committee on Epidemic A bill (H. R. 10253) granting a pension to Emmanuel P. Steed; Diseases, as follows: A bill (H. R. 10494) granting a pension to Emilia Mnmm; ME:nPHIS, T ENN., 8eptembe-r 22, 1888. A bill (H. R. 10647) granting a pension to Samuel J. Wright; Hon. ! SHAM G. HARRIS, Member United States Sena!e, A bill (H. R. 10659) for the relief of Elizabeth C. Cole; 13 F-irst street, northeast, 1-Vashington : A bill (H. R. 10694) gra nting a pension to John W. Ellis; The prevalence of yellow fever in Florida and its presence at Decatur, Ala. A bill (H. R. 10947) for the relief of John Sweeney; and at Jackson, Miss., is due to unrestricted intercourse between Cuba ana.1 A bill (H. R. 11139) to authorize the building of a bridge or bridges Florida during the past two years, and demonstrates. the necessity of a rigid and perfect system of seaboard quarantine for future protection of health, life, across the Mississippi River at La Crosse, Wis.; and commerce; we therefore urgentiy request the re-establishment of the Na A bill (H. R. 11297) in relation to grants of lands to aid in the con tional Board ofHealth, or of some simtlarhealth organization, and its full equip struction of railroads; ment with power and means to carry out the desired object in connection with State and local boards of health. A bill (H. R. 11333) granting a pension to Mrs. Louise M . H umph rey; DAVI L> PARK HADDEN, P res- G. B. THORNTON, P,·esident Board and ident Taxing Di-strict. of HeaUh. J. :M. KEATING, Edito1· Memphis L. B. SUGGS, President Cotlo,n &- Joint resolution (H. Res. 225) to continue the provisions of existing A ppeal. chan ge. laws providing temporarily for the expendit ures of the Government. J. A. MARTIN, President Merchants' BROTHER MANELIAN, President The message also announced that the Honse had passed t he following 1!/xchange. Chr-istian Brothers' CoUege. bills, each with an amendment ; in which it :requested t he concurrence Mr. CHANDLER introduced a bill (S. 3582) to authorize the sale of the Senate: of timber on certain lands reserved for the use of the Chippewa bands A bill (S. 1500) granting a pension to \'(argaret M:. Miller; and of Indians in the States of Wisconsin and Minnesota; which was read A bill (S. 2346) granting increase of pension to Jennie Hart Mullany. .t wice by it-.8 title, and referred to the Select Committee on Indian The message further announced that t he Honse bad passed the fol- Traders. lowing bills: He also introduced a bill (S. 3583) regulating the allotment of lands A bill (S. 145) for the relief of Edward Braden and Job W. Angus; in severalty to Indians; which was read 1iwice by its title, and referred A bill (S. 937) for the relief of David L. Brainard and others; to the Select Committee on Indian Traders. A bill (S. 1044) authorizing the Secretary of the Treasury to state Mr. BATE introduced a bill (S. 3584) to authorize the Cairo and and settle the account of James M. Willbnrwith the United States and Tennessee Rive1· Railroad Company to construct bridges across the Ten to pay said Willbnr such sum of money as maybe found due him nessee and Cumberland Rivers; which was read twice by its title, and thereon; · referred to the Committee on Commerce. A bill (S. 1101) granting a pension to Rachael A. Sinkinson; LOUISIANA ELECTION INVESTIGATION. A bill (S. 1582) for the relief of the estate of Lucien Goyaux; - Mr. CHANDLER submitted the following resolution; which was A bill (S. 1591) granting an increase of pension to Madison M. Mere- referred to the Committee to Audit and Control the Contingent Ex dith; penses of the Senate: , A bill (S. 1668) for the relief of A. M:. Woodruff; R esolved, That the Committee on Privileges and Elections while engaged by A bill (S. 1958) granting an increase of pension to Eleanor B. Good- direction of the Senate in the inquiry into the facts of the recent election in the fellow· · State of Louisiana, held on the 17th day of April, 1888, shall be, and is hereby, authorized as a full committee, or through any subcommittee appointed by the A bill (S. 2201) for the relief of Laura E. :Maddox, widow, and ex chairman, to send for persons and papers; to sit duririg the sessions of the ecutrix, and Robert Morrison, executor of Joseph H. Maddox, de Senate; to employ a. clerk, stenographer, or stenographers, and one or mor6 ceased; messengers, and to take testimony at any places which it may deem it expedi· A bill (S. 2411) for the relief of C. A. Williams and others; ent to visit; and the necessary expenses of such investigation shall be paid ou• of the contingent fund of the Senate, upon vouchers to be approved by th~ A bill (S. 2675) granting an increase of pension to Lieut. James R._ Committee to Audit and Control the Contingent Expenses of the Senate. Durham; RELATIONS Wl'l'H GREAT BRITAIN .AND CAN .ADA. A bill1S. 2711) restoring Phcebe McLanJ:!:hlin to the pension-roll; A bill S. 2720) granting a pension to John B. Ross; The PRESIDENT pro tempore. The Chair lays before the Senate a A bill S. 2836) granting a pension to William E. Taylor; resolution coming over from a former day. A bill (S. 2838) granting an increase of pension to Betsy A. Mower; The resolution submitted by :M:r. SHERMAN September 17, 1888, was A bill (S. 2887) granting a pension to George H. Johnson; read, as follows: Reso~ved, That the Committee on Foreign Relations be directed to inquire into A bill (S. 3125) restoring the right of pre-emption to Alfonso Rob- and report at the next session of Congress the state of the relations of the United er~; and · States with Great Britain and the Dominion of Canada, with such measures as A bill (S. 3276) granting restoration of pension to Sarah A. Wood are expedient to promote friendly commercial and political in~rcourse betwee!l these countries and the United States, and for that purpose have leave to sit bridge. during the recess of Congress. ENROLLED BILLS SIGNED. The PRESIDENT pro tempore. On a former day it was agreed t!mt The message also announced that the Speaker of the Honse had signed this resolution should retain its place in the order of current mormng the following enrolled bills; and they were thereupon signed by the business. President pro tempore: Mr. CULLOM. I ask that it be laid aside temporarily, retaining its A bill (S. 1078) for the relief of Florida Kennerly; place. A bill (S. 235d) to provide a pension for Mrs. Adeline Couzins; and The PRESIDENT pro temvore. The Senator from Alabama [Mr. A bill (S. 3539) to amend an act to detach the county of Andrain. in MoRGAN] would be entitled to speak on the resolution this morning. 8862 CONGRESSIONAL RECORD-SENATE. SEPTEl\IBER 24,
Mr. PLUMB. The Senator from Alabama, who wants to speak upon By unanimous consent the bill (H. R. 10068) granting a. pension to the resolution, left the Chamber this morning with the understanding Lieut. Starkey R. Powell, of Black Hawk war, was considered as in that the resolution should go over until to-morrow, retaining its place, Committee of the Whole. It proposes to place on the pension-roll the so as to come up then at the conclusion of the morning business, as it name of Starkey R. Powell, late lieutenant in Capt. William B. Smith's came up this morning. company of the Third Regiment illinois Mounted Volunteers in the The PRESIDENT pro tempore. The resolution will then retain its Black Hawk war, at $30 a month. , place and be presented in the order of curre:ttt morning business to l'lfr. CULLOM. I · only desire to say that this gentleman is a very morrow. old man, and the universal sentiment is tha.t the bill ought to pass. PBESENTATIOY OF BILLS TO THE.. PRESIDENT. The bill was reported to the Senate without amendment, ordered to The PRESIDENT pro te-mpore. The Chair lays before the Senate the a third reading, read the third time, and passed. resolution submitted by the Senator from Nevada (Mr. STEWART] on MARINE-HOSPITAL SERVICE. the 21st instant, which comes over under objection. The PRESIDENT p1"o tempore. The Chair calls the attention of the The Secretary read the resolution: as follows: Sen3:_tor from Oregon [Mr. DoLPH] to a message from the Honse of Rep Whereas U is alleged in the public press and elsewhere that the presentation of bills to the President of the United States which have passed both Houses of resentatives. The Chair lays before the Senate the amendment of the Congress, been duly enrolled and signed by the Speaker of the House of Rep House of Representatives to the bill (S. 1786) to regulate appointments resentatives and the President of the Senate, is frequently delayed for several in the Marine-Hospital Service of the United States. days, and sometimes for weeks, by the Committee on Enrolled Bills of the Mr. DOLPH. The House amendment is animportant one, I think, House: Therefore, ~olved That the Senate, as a branch of the legislative department of the and as the bill was reported from the Committee on Commerce, I move Governm~nt., do call the attention of the House of Representatives to said al that the amendment be referred to that committee. leged delays on the part of its Committee on Enrolled Bills in presentin&" bills to the President of the United States which have been duly enrolled and signed - Mr. COCKRELL. Let the bill be printed as passed by the House. by the Speaker of the House of Representatives and the President of the Sen The PRESIDENT pro tempore. The bill will be printed as passed, ate, and respectfully ask the House to require its officers to present such bills and referred with the amendment of the House to the Committee on to the President without unnecessary delay. Commerce. The PRESIDENT pro te-mpore. The question is on agreeing to the NORTHERN PACIFIC RAILROAD LANDS. resolution. l'lfr. PLUMB: I move that the Senate proceed to the consideration Mr. STEWART. I desire the resolution to be referred to the Com of the bill (S. 3504) restoring to the United States certain of the lands mittee on Rules, and I beg leave to point out to that committee the granted to the Northern Pacific Railroad Company to aid ~n the con authorities, which may be of some convenience to it. • struction of a railroad from Lake Superior to Pnget Sound, and to re So far as the Senate is concerned, the twenty-fifth rn1e provides that store·the same to settlement, and for other purposes. when a bill has been signed by the Speaker of the House of Represent :Mr. HALE. Mr. President-- atives and by the President of the Senate, it shall be forthwith trans 11Ir. PLUMB. Let the bill be taken up and then I will yield. mitted to the President of the United States. The PRESIDENT p,.o tempore. The question is on agreeing to the The House of Representatives has no direct rule as to the time when motion of the Senator from Kansas. a bill shall be transmitted. The forty-fourth rule of the House, how The motion was agreed to. ever, adopts Jefferson's Manual in all matters not provided for in the Mr. HALE. As I gave notice a few minutes ago, I proposed to call special rules, as will be found in the House :Manual, page 264. up the general deficiency appropriation bill at the present time, but I Jefferson's Manual makes it an infringement of the rules of Parlia learn that the Senator from Kansas gave notice and desires to submit ment to withhold a bill from the king, and it also makes it the duty some remarks on the bill called up by him, not with the intention, as of the Committee on Enrolled Bills to present bills to the President. I understand, of continuing its consideration beyond his remarks. Senate Manual, page 180. Mr. PLUMB. As far as I am concerned, of course, it won1d When a bill is sent by one House to the other and is there delayed naturally give way anyhow to the time necessary to allow the defici it is parliamentary to send a messenger to the other Honse calling the ency appropriation bill to get through, although I did purpose, and so attention of that body to the omission. Senate :Manual, page 261. stated, that when the bill was called up I should ask the Senate to When there is unreasonable delay it is in order for one House to send proceed at its earliest convenience to its passage. But, of course, the to the otheT a complaint calling attention to the fact. This rn1e will appropriation bill will have the right of way, and there will be n o be found in Senate Manual, page 214. trouble about that. • I simply call attention to these matters. I hope the Committee on Mr. HALE. Then I give notice that at the close of the remarks of Rules will examine into the question and see if there has been unrea the Senator from Kansas I shall move to take up the deficiency appro sonable delay on the :part of the other House in sending bills to. the priation bill. President. and suggest the proper mode to that body or request 1t to The PRESIDENT pro tempo·re. The Chair will recognize the Sena·; fnmish a remedy. tor from Maine at the conclusion of the remarks of the Senator from The Senate is interested as much as the House of Representatives in Kansas. baring a bilL after it has passed the two Houses, present-ed to the Mr. BROWN. Will the Senator from Kansas yield to me to have President within a reasonable time. My suggestions have no reference passed a bill six lines long, which will not take two minutes? to any particular bill now, but in orde! that there m~y be no.mis~ ?tfr. PLU~IB. I yield to the Senator from Georgia. derstanding hereafter as to the proper time to present b1lls, I think th1s matter ought to be investigated. BRUNSWICK COLLECTION DISTRICT. The PRESIDENT pro tempore. The resolution will be referred to Mr. BROWN. I ask the Senate to proceed to the consideration of the Committee on Hules. the bill (H. R. 11101) to include Sapelo Sound, Sapelo River, and Sa pelo Island in the Brunswick collection district, in the State of Georgia. 1\lESSAGE FRO)! THE HOUSE. By unanimous consent, the Senate, as in Committee of the Whole, A message from the House of Representatives, by ~Ir. CLARK, its Clerk, proceeded to consider the bill. announced that the House had concurred in the report of the committee Mr. BROWN. I will simply state that the Secretary of the Treas of conference on the disagreeing votesof the two Houses on certain ury has been consulted and has no objection to t.he passage of the bill; amendments of the Senate to the bill (H. R. 10540) making appropri and it is a House bill. ations foT sundry civil expenses of the Government for the fiscal year The bill was reported to the Senate without amendment, ordered to ending June 30, 1889, and for other purposes. a. third reading, read the third pme, and passed. The message also announced that the Honse still further insisted Mr. BROWN. I am very much obliged totheSenator from Kansas. upon its disagreement to the one hundred and tenth amendment of NORTHERN PACIFIC RAILROAD LANDS. the Senate to the bill, agreed to the further conference asked by the Senate on the disagreeing votes of the two Houses thereon, and had The Senate, as in Com~ttee of the Whole, proceeded to consider the appointed :Mr. FORNEY, l'!Ir. BURNES, and Mr. RYAN the managers of bill (S. 3504) restoring to the United States certain of the lands granted the further conference on the part of the House. to the Northern Pacific Railroad Company to aiel in the construction of a milroad from_Lake Superior to Puget Sound, and to restore the LIEU r. STARKEY R. POWELL. :;:arne to settlement, and for other purposes. Mr. CULLOU. I ask leave to call up Hou~ e bill 10068, which is a l'lfr. PLUMB. Mr. President, the two great political parties in this private bili, and one to which I think there will be no objection. country present upon all economic, political, and ad.ministrative affali·s a Mr. HALE. I do not wish to interfere with the request made by radical conflict of systems; and in no direction are the lines of contro the Senator from lllinois, because I understand his matter will take Yersy more sharply drawn than in the methods and objects of legisla but little time. After that is disposed of I desire to call up the p;en tive aud executive action relative to the public lands. The Democratic eral deficiency appropriation bill, and I hope it may be passed in a party has· at all times sought the benefit of the few as against the many. short time. I shall make that motion, with the leave of the Chair, at Possessing the cheapest labor in the world in the section of country the end of the bill suggested by the Senator from illinois. from which it has mainly drawn its support, it has never sought by the The PRESIDENT pro tempore. The Senator from Illinois asks for subdivision of landed interests or by the maintenance through ad the present consideration of the bill (H. R. 10068) granting a pensiou vanced methods of cultivation of soil already reclaimed to fosi:er a to I_;ieut. Starkey R. Powell. of Black Hawk war. population of industrious middle cl~ses . On the contrary, by the a ban- / I - 1888. CONGRESSIONAL RECORD-SENATE. 8863 donment of plantations as soon a..s they were worked out, the necessity Northern Pacific Railroad and east of the indemnity limits of St. Paul, Minne- apolis and Manitoba Railroad. · was created for such a public-lalld system as would constantly provide· In addition, final action in this office will be suspended upon all timber en new areas for easy occupatiqn and as would naturally maintain a tries under the ae' of June 3, lls18; also upon all cases of desert-land entries. landed oligarclfy. W.lll• .A.. J. SPARKS, Commissioner. In striking contrast, the Republican party came into existence with Two remarkable facts will appear upon the face of t.his order. Whilst the land policy, which it bas ever since maint-ained, of" Land for the it pretendedly was aimed at the suspension of fraud by suspending the landless, homes for the homeless." It has at all times sought to sub laws under which frauds were possible, it-- divide the public domain amongst and for the benefit of actual settlers. 1. Draws a clear distinction in fuvor of speculators and scrip-owne_rs It bas zealously guarded, preserved, and improved the areas once con and against aetual settlers. The laws suspended affected all "entries quered by cultivation; it has in regular progression pushed onwaa:d its of public lands, except private cash entries, and such scrip loc.."'tions as ever-advancing fringe of small agricultural homes; and it bas thus de are not dependent np.on acts of settlement and cultivation." The pre veloped and fostered empires .of citizens enjoying an honest and pros emption, homestead, and other settlement sta.tutes were ta.ken by the perous equality before the law. throat and the perfection of titles thereunder was absolutely inhibite~ It is, therefore, but natural that when the Democratic party suc whilst private entries (cash purchases without limit as to quantity and ceeded to power in 1885, after twenty-four yea.rs of enforced retirement, without requirement of settlement) and all character of scrip or war it should at·once attack the Republican administration of the public rant speculation requiring no acts of settlement or cultivation, were left lands. It was to be expected that its leaders should seek to break wholly undisturb€d. The immediate effect was to giv~ a larger en 4own the system which had in the previous quarter century so signally hanced value to all such outstanding scrip in the hands of a land ring, ;multiplied, developed, and strengthened the North. As it went out what are known as ''additional homesteads" alonerising atonce from of power in 1861 with a veto of the homestead law, it came intopower eight or nine dollars per acre to between twenty and thirty dolln.rs per in 1885 with the purpose and the necessity of repudiating its beneficent acre. Probably three or four men held the-greater proportion of all results. And no better way to accomplish that result occurred than such outstanding scrip and realized large fortunes from the immediate to discredit those results by loud cries of fraud, and by alleging that etfect of this order. its administration for the benefit of actual settlers had really been in 2. The order assumed the lines of suspected fraud under the settle the interest of great monopolies. ment laws of Congress to be geographical and political. The fraud· Accordingly, Mr. Cleveland's administration came into power with ulent line was drawn at the line of the States "recently in rebel the assertion that the public-land laws had been administered by the lion. " "\Yhilst all hnds in the Southern States were by law subject Republican party in deference to the interests of land-grabbers and to sale at prin:tte entry and continued to be so disposed of~ their dispo monopolists. The policy of reform was, therefore, to be initiated. sition not being prohibited or otherwise affected by the Commission The poor settlers of the country were to be protected from speculators; er's order, the lands in the Northwest were not so subject, and could and railroad companies and similar monopolies were to be. restricted to only be located with the prospect of obtaining ti.Ue, after the issuance such rights as would accrue to them under a 1·igid construction of the of the foregoing order, by means of land scrip at largely enhanced statutes. Furthermore, the Land Bureau was to be put upon. a strictly prices, until (as under the order recited) the Administration was con business basis, and by correct methods of administration its expendi vinced that every Northern man who wanted to settle on the public tures were to be reduced, and arrears ofworkwereto be putuptosub domain was not a thief and a swindler. The theory of the order was stnntially an even date. In a speech made by Vice-President Hendricks that the great body of settlement entries in the Western country were before the Bay State Club in Boston on the 2Gth of June, 1885, four fraudulent. So that, taking a given point as a center in very many montlls after .Mr. Cleveland took the oath of office, be illustrated the land districts, there would not in its opinion be au honest settler within reform which was to be brought about by the result alleged to have the range of thirty or forty townships. And their idea of correcting been attained by himself when Commissioner of the Genernl Land the alleged evil was not by adopting better administrative methods Office under President Pierce. for the future, but by simply stopping e\erything that bad been done Us sur-veys were then extending beyond the Missouri, beyond the mountains, in the past. . ' along the valleys of California, and the settle1·s were going out from the old Bay At first Sparks thought of asking the President to order the closing State and from Maine and finding their homes on the lands that w ere then being surveyed. When I took: charge of that office, with one hundred and eighty clerks, of the district land offices in the Western States and Territories, and I found the business four years behfn.d. The patents which ought to hnve gone then the Democratic policy diverted into the idea of recommending to to the people living upon the lands were four years behlnd date. I said at once, Congress a suspension oftlle pu blic-la.nd system for a continued period "Thls will not, do; the man who has purchased the land of the Government has a right ht an early able period would necessarily elapse before the patent would issue. False the record, and this order of suspension i~definitely withheld the swearing was made punishable as perjury, and numerous decisions of foundation of that record. the Supreme Court sustain the power of tbe United States io set aside The practical result of these investigations has been to determine a these settlement patents in ex parte cases on provi~g fraud. Consider- very minor percentage Or fraud, probably not equaling more than 1 per ing, then, the long period during which the claim was subjected to cent. of the entries examined. For illustration: A board to examine the crucial test of tbe entire neighborhood, of the register and re- these suspended land entries was appointed, consisting of the Assistant ceiver, of the vast army of clerks under the direction of the Commis- Commissioner, the chief clerk, and a law clerk. Presumably the first sioner, and of all the other tests with which the judgment or caprice series of cases passed by them received their most careful attention, and of the executive office had burdened the settler, the Government was quite naturally they took up cases in Dakota and Nebraska, where the furnished with .ample opportunity to determine, under the legislation matter of fraudule~t entries was largely alleged to exist. Yet, accord- of the Republican party, whether or not a settler was entitlea to his ing to the first report of this board as found in the National Republican patent at the date when the case was reached in its regular order. of December 23, 1885, in 216 final homestead entries in those two States, But under the order of the present Administration the policy was not the result of all the investigation by special agents and of examination preventive, but was pretendedly curative. Nothing was done until by the aforesaid board was to recommend 126 cases for approval for the entries wete allowed and had been reached substantially for action. patent, 53 to be held for further evidence, 35 for further ipvestigation - The real trouble then commenced for the unfortunate victim of na- by special agents, and only 2 for rejection. In 35 pre-emption cases tional generosity. An army of Land Office detectives were to thence· reported upon at the same time, in the Aberdeen district, ~ Dakota, 1 was forward .look down his chimney and to peer through his windows in recommended for patent, 8 for rejection, and 26 for special investigation search of suspected fraud. And these detectives were in turn to be in the field. - subjected to a speci~ ofwatchingand counter detection. This system For the fiscal year ending June 30, 1887, the number of special speedily demonstrated that settlers who were willing an(l able to re- agents employed had been increased to 58, and the number of entries spond to pecuniary demands of such agents thereby secured favorable disposed of under their report is· st.ated in the annual report of the reports upon their entries. Those unable to meet such demands and General Land Office (on page 51) to have equaled 2,312 entries. For to whom a ten-dollar bill meant food for their.families were dragged the year ending June 30, 1884, under the Republican administration, again and again hundreds of miles to the lQcal land office with their only 30 special agents were employed, who reported upon 3,563 entries. witnesses to prove over and over again their compliance with law. The So that by a change of administration the number of special agents thousands of such ilaO'rant outrages are illustrated by the plaintive has been increased from 30 to 58, with an increase of annual expendi story of John Steven~n. After making full proof and payment be ture of at lest $50,-000, but with an actual diminution in the volume was compelled, under attack by a special agent, to again and again of results accomplished through their investigations. attend renewed hearings to contest the effort to destroy his entry. Be- Most of the labor performed, both by the special agents and by the ing again required to respond by a third hearing upon demand of the board of review, or otb~r cumb~rou~ macbin~ry adopted in the Gen~ral Commissioner, he appealed for relief to the Secretary. The Secretary's Land Office, has been m the duection of mmor and purely techmcal decision recites the claimant's conceded story of his wrong'! in the fol- ~ efects . !n the proof ?f. settle!s, non-essentials ~ave ~een mngnified lowing language: mtoquestwns ofactuaht1es; failures to complyw1th ummportantreg- ulations of the Land Department have been treated as a groEs violation It is urged by the claimant that the order for a hearing will work injury to him; . that his land lies about 100 miles from the local office, and that a great of the essential requirements of statutes. Thousands of cases have been part ot said distance is over broken and unsettled country, either entirely with suspended from patent because, whilst the requirement of publication out roads or with-roads in an almost impassable condition, thus rendering the of their intention to prove up on a given day was at one time held by trip extremely difficult, laborious, and expensive; that at t.he instance of the Government he has already tnade three trips to the local offices with his wit the General Land Office to require an insertion four times in a weekly n esses, at each time being to great expense; that he is a poor man, a farm newspaper, a subsequent order required fiv~ publications, and a still · laborer by occupation, and unable to bear the expense of a rehearing, because subsequent one required six. And yet these failures to comply with a , the former headng and continuances have exhausted his means; that some of his witnesses, by whom he can establish the legality and validity of his claim, subsequent change of executive construction have swept all such en have moved away and their w hereabouts are now unknown to him; that the tries into the mass of alleged fraudulent cases which the vigilance of a Government had a whole year to prepare for the for·mer trial, had two contin Democratic administration has prevented from ripening into patents. uances in order to get ~ts witnesses there, and was represented at said hearing by several special agents, and should, therefore, be estopped from prosecuting Changes in directions·to registers and receivers concerning details of the case further, and that the theory upon which the case is prosecuted, to wit, proof required of the entryman were r.ot only made without notice, the e:ristence of a. fraudulent conspiracy between claimant and the aforesaid but were made to take effect before the receipt of the direction at the corporation, has no foundation in fact. local land office. In one case a direction of this character was not re- Yet, conceding the truth of his statement, the Secretary sanctioned ceived at the land-offices in Kansas until nearly a month after it had Sparks's unjust requirement of a renewed hearing. (See sixth "Land taken effect, and all the entries made during the intervening period Decisions,'' page 39.) had to be made over again, involving the settlers of a single county in Somewhere between fifty and one hundred thousand cases were thus that State in a~ extra expense of over $10,000, totally unnecessary, ef taken hold of by this order of April3, 1885, and nearly that same num- fecting nothing whatever in results, except to put a burden upon men . ber of entries were annually added to the volume of suspension. This already poor and who were entitl~d to be protected instead of being followed because the means adopted for acting upon entries were so far robbed. inferior to the means for sale. · Although the Supreme Court in Meyers t•s. Croft (13 Wall., page 391) The execution of the public land system, past, present, and future, distinctJy ruled that it was lawful for settlers to sell their lands after for nearly the entire Western part of the United States, was suspended· entry, and before the issue of a patent, and aithough it had been the upon general suspicion. A drag-net was thrown over almost the entire immemorial executive practice to recognize both mortgages and sales Western country for the purpose of ascertaining by a vast system of subsequent to such date, yet by the instructions to special agents, dated Eecret espionage whether or not some entries had not been consum- October 24, 1e85, and emanating from the Commissioner of the General mated upon false proofs. Obviously this required for its projected ap- Land Office, it was held that any conveyance, whether by mmtgageor plication to so many States and Territorie.s an army of special agents. otherwise, of lands embraced in duly entered unpatented homestead or ·with the limited number authorized, or liable to be authorized, by pre-emption entries, passed no legal title or claim whatsoever; and that Congressional appropriation, many years of inquiry would be required a transferee or mortgagee of such claims would not be recognized in to thus examine in the field the hundreds of thousands of entries which any manner as having any right, interest, or claim in such land. were in terms suspended by this order. This ruling interposed a tremendous obstacle to the consummation or , During the fiscal year ending .Tune 30, 1886, forty-two special agents entries by bona fide settlers-. The great proportion.of them are poor, were employed by the Interior Department in the field to investigate and are obliged to raise money both to make their improvements and these suspended entries. The average period of service of each was to pay their purchase-money. Their land is usually the only basis of sevea months four and one-quarter days, being equivalent. to the em- security they have to gi1'e for such advantages. .Wben the power to ployment of twenty-five agents for the whole year. In the General use the Eameior such purposes was thus taken away, they were stranded Land Office Report for 1886 (page 453) it appears that, during the J-ear beyond possibility of help. This ruling also made non-salable lands aforesaid, the number of cases referred to these special ~gents for in- purchased bona fide after entry, and under it entries were set aside vestigation was 4, 017, and the number of cases investigated and re- where the original entryman had made sale ba.sed upon a certificate of ported upon by them was 3,073. It; will be readily seen that with entry issued by the local land officers, and which certificate is, as it such wholesale suspension of from fifty to one !!..nndred thousand old always has been, by the laws of all the public-land States and Terri settlement entries, and with nearly 50,000 entries per year to be simi- toriea, evidence of title as high and complete as that of a patent; and larly suspended for in ~estigation and report., whilst, on the other hand, after its issue the land described in it became tax ~ ble as private prop th{\ means available for such inspection and report acts upon only about erty. The Commissioner's order treated all these thin~ as of no ac- 3, 000 per annum, the system must necessarily resnl tin a t errible accu- count, and the entries were often summarily set aside and new settlers mulation of suspended entries. In this progressive country the owner- invited to go upon the land, of course in time to be ejected, losing all ship of property never remains dormant; and the necessary effect of time and improvement spent thereon, every dollar of their losses being the foregoing policy was to arrest all real estate transaction::;, whether due to the illegal and arbitrary act of the Commissioner. by way of sale or mortgage and which were predicated upon public Then, too, in the machip.ery of the General Land Office, and in the lands titles. No conveyancer would pass a t itle unless complete upon , office of the Secretary of the Interior, such a division of responsibility 1888. CONGRESSIONAL RECORD-SENATE. 8865 was inaugurated and such a duplication of labor was created as to be In the division of public lands the posting.:; on the tract-books dur come the really oppressive occasion of additional delay. The General ine four years were as follows: Land Office took the form of various boards, such as the board to ex 1883-'84 ..•...... 327, 18611885-'86...... •..•...... •...... 325,914 amine suspended entries, the board of rev., and the contest board. 1884--'85 ...... •....•...... _:98, 993 1886-'87········:····························· 340,117 The board of review, for illustration, was created by detailing clerks Total...... 726,179 Total ...... :...... 666,031 from other divisions of the General Land Office t-0 act on it. So that if, Being 60,148, or nearly 10 percent. Jess .in the first two years of pres previous to its organization, four hundred clerks had been engaged in ent Administration than in the last two years of previous Administra one way or another in the examination of entries and determining upon tion, although forty additional clerks have been employed. compliance with the requirements of law, then after the organization In the same division the cases examined and approved were as fol oftbi.s board three hundred clerks would continue as before and one hun lows: dred would go over all their work again, by way of review. In effect this would be attempting to pass 4 inches of water through i~~·~~:::::::::::::::::::::: :· ::::::::::::: fo: ~~ 1 i:t:~ :::::::::::·.::::·:::::.:·::.:::::::::::: ~ rr~ an inch pipe. The result bas, therefore, been that this board has pend ing before it over twenty-six thousand cases. Entries which under Re Total...... 130, 932 Total...... 65,247 publican administration would have been patented two years ago ha:ve Being 50 per cent. less work during the first two years of the present just been reached for consideration by this board; and in the same Administration than in the last two years of the previous Administra ratio of backward progression, any entry which under the Republican tion. administration would have been patented to-day will not, under this The same condition of affairs exists in the office of the Secretary of administration, be patented for four years to come. Instead of having the Interior. February, 1885, was the last month of the Republican four hundred examine the entry papers, and after approval sending administration under Mr. Teller. His force, consisting of only six law · them to patent, the present administration has two hundred clerks :first clerks, was then working upon appeal land cases which had been for examine them, and thereupon the other two hundred examine them warded from the Commission-er in October, 1884, and there were·then over again, the only discernable motive being to correct the work of pending in round numbers not more than 500 cases. There are now the first and incompetent set of clerks. Thus the same amount of work seventeen law examiners in the office of the Secretary of the Interior, is put on one-half the number of clerks previously employed, and is and there are pending about 2, 000 appeal cases. They are now work thereafter submitted to the other half to be considered anew. The ing upon cases which came up from the Commissioner of the General work is thus doubled, while the foree is diminished one-half. Land Office in August, 1887, and they are disposing of not more than The same delay and obstruction occurs in the work of the so-called 150 cases per month at a fair estimate. .So that with a largely increased contest board to which are submitted for decision all contested cases force the work is now eighteen or twenty months in arrears. The Re from the public-l{l:ndand pre·emption divisions. This board has on its publican administration went out of power with the work up to within files to-day enough cases to thoroughly employ its present force for two three months of the current date; and with largely increased facilities years or more without any other cases being sent to it. The contests the Democratic administration has in three years ran the work in ar now pending before that board aggregate 2, 000 cases, and they are be rears fourteen months, and on the urgent recommendation of the Sec ing disposed of by a force of six clerks. That force is now examining retary of the Interior there were added ten law clerks by the sundry cases which were received in the General Land Office in 1886, and are civil bill of this year. just about holding their own against the number of new contests re It will now require about five years on a fair average, from the time ceived by it. As each case necessarily involves two parties, and often of the initiation of a land contest before the local office, and with several claimants, it is fair to presume that from four to five thousand the utmost expedition, to secure a final decision from the Secretary litigants are before the General Land Office, and must be kept there of the Interior. The injurious effect of this delay will not be ap for at least two years before the possibility of securing decision of their preciated until it is known that often both contestants are living upon contest in auy form by the Commissioner. And after decision by the and improving the land which is the subject of controversy. The one Commissioner appeals lie to the Secretary, where· delay of years more aga.inst whom decision is rendered loses not only his years of time but will necessarily occur. all improvements; while during these years of time the opportunity As a result of the above system of administrative methods, the abil of getting as good a tract of land from the Government has diminished, ity to complete the land contracts of the Government by issue of pat and, after having paid taxes and helped to create the appliances of ents has been very materially diminished. This will appear from the civilization for the benefit of his family, himself, and the country, he following tables taken from the report of the General Land Office: is obliged not only to surrender all he bas created, but, if he would en ter a tract of public land, go to a remote frontier, older, weaker in 1884. 1885. AppropriRtion ...... 8450,000 Appropriation...... S507, 3-'50 purse, and begin anew his contest with the forces of nature. Prompt Force in office ...... 294 Force in office ...... 376 decision of contest cases would operate to largely prevent these conse .Acreage disposed of ...... 27, 531, 000 Acreage disposed of...... 20, 995, 000 quences, and is required by every consideration of obligation and pub- Number of entries...... 51,740 Number of entries...... 44,186 Patents issued ...... 51, 337 Patents issued ...... 71, 131 lic policy. · It is to be further observed that as the original order of suspension As the Democratic adm!nist.ration did not take charge of the Genex:.al was directed primarily against the West and Northwestern States, so Land Office until April, 1885, and as all issuance of patents was there the administration of the Department in the matter of work success upon suspended, the foregoing figures represent in substance the work fully accomplished has been proportionately in favor of the Southern of the last two years of the Republican administration in the Land De States. Examination of the records will show that contested cases partment. Now compare these with the result of the next two years therein have been specially advanced and disposed of with rapidity, and of the Democratic administration: that a large proportion of the patents issued have been for lands located 188G. _1887. in that portion of the country. Appropriation...... $511,350 Appropriation...... $517,675 Force in office ...... 378 Force in office...... 377 RAILROAD LAND GRANTS. Acreage disposed of...... 22,124, 000 Acreage disposed of...... 25,111,000 As a foil to this persecution of settlers, this incompetence of admin Number of entries...... 40,886 Number of entries...... 52,751 istration, this truckling; to scrip monopolies, the Administration bas Patents issued...... 19,885 Patents issued...... 24,558 talked loud, long, and maliciously about Republican land grants to rail Showing a diminution of over 64 per cent.ln number of patents issued road companies and about the restoration to the public domain by its during the first two years of Cleveland's administration as compared action of such lands since Uarch, 1885. . with the last two years of Republican administration. Let us consider these things in their order. The acts of March 30, To the foregoing figures may be added the further statement that on the 1822, and of March 2, 1827, to aid in the construction of a canal from 28th of January, 1888, therewerependingindivision '' H ''alone, of the the Illinois River to the southern bend of Lake Michigan, was the pio General Land Office, 9, 295 contested cases. Of this number over 2, 000 neer legislation granting public lands for works of internal improve cases were known as· "docketed cases," that is, cases in which trials ments; and from then nntil1850 the aggregate of such donations to have been had and testimony taken. Of this class of 'Cases only from canals, wagon-roads, and river improvements equaled 5,000,000 acres. 125 to 150 had been disposed of since the contest division was estab So that not only was this principle of land-grant legislation not a Re lished in June, 1887. publican invention, but, furthermore, the pioneer act in aid of railroads Similar ratios of dec~se in work accomplished in the General Land was the distinctive and prominent feature of a Democratic administra Office under the present Administration are shown in the reports of tion. That was the act of September 20, 1850, which, under the dis other divisions. guise of a grant nominally to the respective States, gave to the illinois For example, the report of the surveying division shows that from Central Railroad Company 2,595,053.acres of rich prairie land along a 1883 to 1885 there were 471 surveying contracts examined, but only line where settlements had created an imperative demand for railroad 144 from 1885 to 1887, and that from 1883 to 1885 the number of plats facilities, and where the road paid a large profit from its immense traffic, examined was 3,809, but from 1885 to 1887 there were but 431 such independent of the land grant, as rapidly as constructed. The same examinations made. act gave to the Mobile and Ohio River Railroad Company in Missis- · School indemnity selections were approved in 1883 to 1885 for 236,- sippi 1,004,640 acres, and to the same company in Alabama 404,800 130.43 acres, but in 1885 to 1887 only 95,358.25 acres were approved. acres, this road connecting the border towns and rich plantations of Of miscellaneous claims settled in the Private Land Claims Division the two States with the city of Mobile. Upon the passage of this act there were in 1883 to 1885, 1,882, and in 1885 to 1887, 11065. ' Senator Foote, of Mississippi, said : ''I understand the lands to be XIX---555 88{)6 CONGRESSIONAL RECORD-SENATE. SEPTE:M~BER . 24, sold nearly along the whole line, as far as the State of Uississippi is IN JlUCHIGAN, concerned.'' Speaking of illinois, Senator Douglas said : ''The road [Act June 3,1856, 11 U.S. Stats., pa.ge 21.] runs through several fine towns, such as Bloomington, for instance, FmmLittle Bay de Noquet to.Marquette.and Ontonagon. and for 5 or 6 miles around the towns the land is all taken up and From Marquette and Olatonagon to Wisconsin State line. cultivated." These statements were made to show that the lands in From Amboy and Grand Rapids to Traverse Bay. place were so taken up that indemnity provisions would be necessary From Grand Ha-ven and Pere Marquette to Flint and Port Huron. to satisfy the grant. These grants were.for the benefit of the following companies: Then came the acts of J"nne 10, 1852, and February 9, 1853 giving 1 L Port Huron and Lake l.Iichigan Railroad Company. to the Hannibal and St. Joseph Railroad Company, of 1tHssouri, on the 2 . .Jackson, Lansing and Saginaw Railroad Company. line of overland travel across the State, 781,944 acres; to the South 3. Grand Rapids and Indiana Railroad Company. western Railroad Company, of :Missouri, 1,161,235; to the Cairo and 4. Flint and Pere 1\larquette Railroad Company. Fulton Railroad Company, of Missouri, 219,262; to the same company 5. Marquette, Houghton and Ontonagon Railroad Company. in Arkansas, 1,160,067 acres; to the Little Rock and Fort Smith Rail 6. Marquette and ·wisconsin State Line Railroad Company. road Company, in ATkansas, 550,525 acres, and to the Memphis and 7. Ontonagon and Wisconsin State Line Railroad Company. Little Rock Railroad Company, in Arkansas, 438,646.89 acres. (Land Office Report, 1865.) IN MINNESOTA. In consistent keeping with Democratic hostility to the distribution [Act March 3, 1857, 11 U.S. Stats., page 195.] ofpublic lands to actual cultivators and inhabitants of the soil, and in Fr<1m Stillwater-to Red River, with branch. consonance with the Democratic policy of favoring corporations and From St. Paul to mouth of Big Sioux River, with branch. monopolies, President Buchanan vetoed the first homestead law passed .Fmm Winona to St. Peter and Big Sioux River~ by Congres5: but approved all grants made to railroad . Under his From La Crescent up R-oot River Valley. administration, and the guardianship over the public lands of Thomas This grant was for the benefit of the following companies: A. Hendricks, who was then Commissioner of the General Land Office, 1. St. Paul and Pacific Railroad Company, main line. the following grants for railroads were made in 1856 and 1857: 2. St. Paul and Pacific Railroad Company, ~Ia.nitoba Division. IN IOWA. -:3. St. Paul and Pacific R.:'lilroad Company, Brainerd B.ranch. 4. Minnesota Central Rr;.lroad Company. [Act of 1\Iay 15, 1858, 11 U. S. Stats., page 9.] 5. Winona and St. Peter Railroad Company. From Burlington to the Missouri River. 6. St. Paul and Sioux City Railroad Company. From Davenport to Council Bluffs. 7. Southern 1\Iinnesota Railroad Company. From Lyons City to the Missouri River. IN WISCONSIN. From Dubuque to the Missouri River, with branch to Tete des Nortes. [Act June 3, l856, 11 U.S. Stats., page 20.] This grant was for the benefit of the following railroad corporations: · 1. Burlington and Missouri River Railroad Company. F.rom Uadison or Columbus to St. -eroix, Lake Superior, and Bayfield. 2. Chicago, Rock Island and Pacific Railroad Company. From Fond du Lac to northern State line. · 3. Cedar Rapids and Missouri River Railroad Company. These grants were for the benefit of the following companies: 4. Dubuque and Sioux City Railroad Company. 1. West Wisconsin Railroad Company. 5. Iowa Falls and .Sioux City Railroad Company. 2. Wisconsin Railroad Farm-Mortgage Land Company. IN FLORIDA. 3. St. Croix. and Lake Superior Railroad Company. [Act of May 17, 1856, 11 U. S. Stats., page 15.] 4. Bayfield Bmnch Railroad Company. 5. Chicago and Northwestern Railroad Company. · From Jacksonville to Pensacola. From Amelia Island to Tampa Bay, with branch to Cedar Key. Swmnary of land gr'!nt.s to railroads made by Democratic Congresses from From Pensacola to Alabama State line. 1850 to 1857. This grant was for the benefit of the following companies: Arkansas...... 3 Michigan.. ~···-·································· 7 1. Florida Railroad Company. Alabama,...... 7 Minnesota ...... 7 2. Florida and Alabama Railroad Company. Florida ...•. ·-··············---·~······· .. ······ 4 Mississippi..... - ...... :....• :::::::·.:·:::::::::.: 3 3. Pensacola and Georgia Railroad Company. Illinois ···· · ···u~······························ .. • 1 1\Iissouri ·-·······•••• . .. 3 Iowa...... ·-······················· 5 Wisconsin...... :.~ .. :·:~·:::::::::.::::::::: 5 4. Florida, Atlantic and Gulf Central Railroad Company. Louisiana ...... 2 IN ALABAliiA. Total...... · ··· -·~ ...... :...... 47 (Acts May17, 1856j June 3, J.8.56, and 1\Iarch 3,1857,11 U.S.Sto.ts., pa.ges 15,17, Aggregating 30,470,920.25 acres. 195.) From 1\fontgomery to Florida State line. RAILROAD WITHDR.A W A.LS. From Gunter's Landing to Gadsden. The act making the gran.ts for the Illinois Central .and 11Iobile and From Gadsden to connect with Tennessee and Georgia Railroads. Ohio roads was approved September 20, 1850. Upon its passagein the And to the following roads: Senate Mr. Jefferson Davis, of Mississippi~ moved an amendment, that Memphis and Charleston. the lateral limits of the grant should be :fixed at 15 miles, remar1.'ing in Girard and Mobile. substance that that was the distance - 3. Coosa and Tennessee Railroad Company. tional aid was necessary, united in L req nest to the President to at once 4. Mobile and Girard Railroad Company. withdraw from sale and settlement every alternate section of public 5. .Alabama and Chattanooga Rmlroad Company. land for 25 miles in width on each side of the lines of the r pective 6. North and South Alabama. Railroad Company. roads. The folloWing is a copy Qf this modest request, from the tiles of IN LOUISIANA.. the General Land Office: fAct June 3, 1856, 11 U.S. Sliats., page IB.l T o the President of the United Slates: . From Texas State line to Vicksburg. The undersigned, Senators and 1\lembers of the House of Representatives, would respectfully state that an act has passed both Houses of Congt-ess "grnnt From New Odeans to Texas State line. ing the right of way a.nd making a grant of land. to the States of Dlinois, 1\lis From New Orleans to the Mississippi State line. sissippi, and Alabama in aid of the con!!truction of a. railroad from Chicago to These grants were for the benefit of the following companies: Mobile," by which there is granted to said States the right of way through the public lands and every alternate section within 6 miles of the line of said rail· 1. North Louisiana and Texas Railroad Company. ;r{)ad, and to supply any deficiency arising from the previous sale, or other cause, 2. New Orleans, Opelousas and Texas Railroad Company. of any portion of the lands within 6 miles, t.he said States are authorized to se IN MISSTSSIPPI. lect other lands within 15 miles of said road on either side to an amount e.qual to said width of 6miles; also providing that said alternate sections within 6 miles [Act August 11, 1856, 11 U. S. S ts., page 30.] retained by the United State shall be advanced in price to the 11um of $2.50 per From Jackson to Alabama State line. acre. A copy of said bill is sent herewith. Ftom Tuscaloosa to the Mobile Railroad in Uississippi. in~v~~~:~~Uf~~~~~~t~:u::la~r=~~ ~~ l~~~~r;~~e~f;t;>~cf~!t{f!t~ From Bnmdon to Gulf of Mexico. States and said States be in some measure deprived of the advantages de igned These grants were for the benefit of the following companies: to be conferred on both parties by the pa.ssa-ge of said bill. t.he undersigned re spectfully request that the sales of that portion of the public lands be suspended 1: Vicksburg and Meridian Railroad Company. for the period of sis: months, or until the lands -shall have been located lying 2. Gulf and Ship Island Railroad Company. within the distance of 25 miles on each Bide :Of a. line designated in the accom- 1888. CONGRESSIONAL .REOORD~ENATE. ~ 8867 panying statement, in order to furnish time to make the necessary surveys and posed would be the limits of the several grants, amounting to mure than 28;000,· selections of said land. 000 acres, exclusive of lands previously appropriated, as follows ~ : Dated at Washington. September 18,1850. · WILLIAM R. KING. JAS. SHIELDS. JEFFN. ~A VIS. J. A. McCLERNARD. Date of grant. Order of sus H. S. FOOTE. W. A. RICHARDSON. State. pension. JNO. BELL. THOS. L. HARRIS. H. L. TURNEY. WM. H. BISSELL. H. CLAY. T. R. YOUNG. rMay 1.7,1.856 S. A. DOUGLAS. Ma.y 23,1856 Florida...... 1\Iay 17, 1856 June 9, H!56 The withdrawal Qf lands was promptly made as requested, within July 8,1.856 both granted and indemnity limits, upon problematical routes, before Sept. 6, 1856 Alabama....•••...• •.•.•• - ...... l\Iay 17, 1856 lMay 17,1856 the railroad lands had been surveyed, before any right whate-ver to a Do ...... •...... •...... •...•.•...... Tune 3, 1856 June 19,1856 withdrawal of lands h-ad been acquired under the act, and before the Minnesota...... Mar. 8, 1857 Mar. 7,1857 legal rights of settlement and entry by citizens of the United States on any portion of the lands had been impaired by the legitimate opera Representations having been made that pre-emption claims for speculative tions of the act. This withdrawal, arbitrarily and without color of au purposes were being placed upon the lands within the limits of the withdrawals thority, excluded legal settlements and entries over an area covering in the States of Wisconsin, Michigan, Alabama, and Florida, the local officers in 1!aid States were, on December 16, 1856, February 2, February 13, and April 10, 000, 000 acres of land to prematurely secure a grant of 4, 000,000 29, 1857, respectively, directed by the Commissioner of the General Land Office acres. to refuse to receive any pre-emption claims based on settlements initiated after It moreover laid the fonndatio~ established the policy, and set the the receipt by them of said orders on lar!JC bodies of lands in tbeir districts. These suspensions from pre-emption were prior to the location of the several precedent for railroad indemnity withdrawals, whkh continued unin roads in whose interest they were made, and consequently prior to the attach terrupted through the successive Democratic administrations and be ment of any right under the grant to any particular lands. This inhibition came the inheritance of the Republican succession to the Government against the right of pre-emption affected more than 40,000,000 acres of public and the administrative authority binding upon Republican officials. land. It will be observed that the request to the President to withdraw As a sample of the orders see the following: _ lands for the benefit of the illinois Central grant was ''in order to pre GENERAL LAND OFFICE, May 5, 1856. vent the entry of said lands for the purpose of speculation by indi REGISTER and RECEIVER, Sioux Oily, Iowa: ·viduals." Under the settlement laws then in force only a single By my telegraph dispatch of the lOth instant you were directed to suspend from sa.le or location all tl1e lands in your district situated south of the line divid- quarter section could be entered by one person. This was the ''specu ing townships 91 and 92 until further orders. . lation" to be guarded against. Millions of acres fur a. railroad com The object of this withdrawal was to p~·otect from sale the lands granted to the pany was an honest, useful disposal of the public lands, to make Bure State of Iowa for four railroads, running from the Mississippi River to the Mis souri, by a bill which has just passed both Honse of Congress. of which the honest settler was not only to be cut out of his right of Said bill, having this day been approved by the President. has become· a. law, entry of a single quarter section, but the withdmwal was made for and you will continue to withhold the lanils from sale or location until other 25 miles in width on eaeh side of the line, although the extreme width wise directed. It is designed -to adjust these several grants with as little delay as practicable~ Q{ both granted and indemnity limits was only 15 miles. No person in order that lands remaining to the United States may be returned to market. • desiring to secure a home upon the public lands was to be permitted I am, very respectfully, your obedient servant, · to get any benefitwhateYer from the building of the road; at least not THOS. .A. llE:t-."DRICKS, until the company and its friends had been sated. Commissioner. (Precisely simila1· letters, same date, sent-to the register and receiver ae Coun The railroad indemnity withdrawals made by Democratic policy and cil Bluffs, Fort Dodge, Fort Des Moines, Dubuque, and Chariton.) DemocratiC officials previous to 1861 amounted to upwards of 75, 000~- 000 acres in the eleven States of Arkansas, Alabama, Florida, Illinois, GENERAL LAND 0FFICJ_i:, Jttne 12,1856. Iowa, Louisiana, Michigan, Minnesota, Mississippi, ~souri, and REG1BTER and RECEIVER, Mineral Point, Wis. : Wisconsin. But Democratic administrations did more than this and By my telegraphic dispatch of the 29th ultimo you were requested to suspend worse than this. They withdrew public lands from market for the from· sale or location unt il further notice all the lands in your districts. The ob- , benefit of railroad companies not only before the acts were signed, ject of this withdrawal was to protect the lands from sale granted to the State for railroad pUTposes by a bill which has passed both Houses of Congl'ess, which but before the acts were passed, and they made blanket withdrawals h -1 ving been approved by the President on the 3d instant and thUB become a. , covering great areas of country in anticipation of acts that never were law, I have to request that yon will continue the reservation until otherwise di passed. rected. The governor has this day been advised and requested to furnish in advance These withdrawals were made, as stated in the Executive orders, slretch maps of the route of the roads, with a view to releasing as many of the "on the representation .and at the solicitation of members of both lands as can be safely returned without interfering ~with toe public limits of se Houses of Congress,'' then in overwhelming control by the Democratic lection, and also for the maps of act.ual final location, on the receipt of which letter a further reduction may be made. p'lrty. Acknowledge the receiptor these instructions-by mail, giving the date of their In 1853 and 1854_upwards of 30,000,000 acres were withdrawn in reception at your office. solid bodies where no grants had been made. {Land DfficeReport for I am, v ery respectfully, your obedient servant, · . ~ THOS. A. HENDRICKS, 1854, page 6.) Commi-ssioner. Of other withdrawals made before the granting acts were passed, Qr (A copy of same and same date sent to register and receiver at Stephens before they received the signature of the President, the following are Point, La Crosse, Menasha, SU:perior, and Hudson, Wis.) among those reported by the Democratic Commi..ssioner of the General Land Office, Mr. Sparks (Senate Executive Document No. 170, first GENERAL LAND OFFICE. June 13, 185D. session, Forty-ninth Congress): REGISTER and RECEIVER, Duncan, Mich. : In anticipation of a. grant to the State of Iowa. to aid in the()()nstruction of four By my telegraphic dispatch of the 30th ultimo you were requested to suspend railroads in that State, Commissioner Hendricks, on 1\lay 10, 1856, issued t.ele from sale and location until further orders the following-described lands in your graphic instructions to the registers and receivers for the six land districts in said district, to wit: State, withdrawing from sale or location all lands south of the line between All the lands in your district in the southern peninsula. between range 1 west townships 91 and 92, comprising about two-thirds of the entire State. The act .and 14 west, and south of township 36; .also in the northern peninsula all the making the grant did not receive the signature of the President until May 15, lands north of township 39and west of range 19 west. 1856. The object of this withdrawal was 1!<> protect from sale the lands fa.lling 'Within During the year 1856, in anticipa.tion of railroad grant.s to the States of Louisi the probable limits of the grant to the State of 1\Iichigan for certain rAilroads, by ana, 1\lichigan, \Visconsin, and Mississippi, the Commissioner of the General a bill just passed both Houses of Congress, which having been approved by th.e Land Office issued telegraphio instructions to the local officers of twenty land President on .the 3d instant, and published in yesterday's Union, h88 thiB day districts in said States, suspending from sale and location large bodies 01 land, become a law. as follows: I have therefore to request that you eontinne the reservation of these lan.dsas heretofore ordered u.ntil otherwise directed. Acknowledge the receipt of these instructions by IQaiJ.. giving theda.teof th.er state. Order ~f sus- Date-of grant reception at your .office. penswn. · I am, very 1·espectfully, your obedient serv&nt, I THOS. A. HENDRICKS, Commusioner. Louisiana...... -···-·---····-·- ~lay 31, 1856 , June 8, 1856 w=~b;·:::~:::::::::::~::~:::::::::::~:~:::::::·.:::::::::::::::: ~:~ ~: ~~ ~~: ~: ~ GENEB.A.L LAND OFFI:CE, .April9, 1857. MississippL .•...... •...... ;; ...... : ...•.. Aug. 9, 1856 Aug. 11, 1856 REGISTER and RECEIVER, R.ed W ing,' Minn. Ter.: By telegraphic dispatch of the 7th ultimo, you were r~uired tosuspend from -sale or location, until further orders, .all the l.&nds in the following-named town- The lands thus withdrawn in anticipation of proposed grants amounted to at ships, to wit: · least 50,000.000 acres, exclusive of lands previollSly appropriated. . North of the base line and west of the fifth principal meridian, townships m of During the same year railroad grants were made to the States uf Florida and , ranges 15, 16, and 17 west; townships U1, 112, 113, ll5, ofra.nges 18, 19, 20, 21, 22, Alabama, anli in.l857 grants fo:r several roads were made to the Territory of 23. 24, 25., 26, Zl west; townships 111., 112 north. of .ranges 28, 29,:30, 31. west. Minnesota. Long before any of the roads provided for in said grants had been The object of the abov.e suspension or withdrawal is to prot.ect from. ordinary located. and consequently before any right to any partieolar lands under the · sale and location, so far as they can be described by townships, all the oftered grants had vested in the States, the Commissioner of the Oeneral Land Office lands falling within the probable-line of routes under the grant to the Territory issued directions to the loca.l officers of nineteen land districts in said States and ,of 1\finnesota. by the act o.f Congress approved .M:arch 3, 1857, toBii,d .in the con• Territories suspending the sale and location of all lands within what was sup- · •truction of certa-in railroads in that. Territory. and I have to request~ you 8868 CONGRESSIONAL RECORD-SENArrE. SEPTEMBER 24, will continue tl1e aforesaid withdrawal from sale or location unlil otherwise di road companies exercised over Democratic:administrations of the Gen x·ected. Acknowledge the receipt of this by mail. eral Land Office and Department of the Interior in the early days of I am, very 1·espectfully, your obedient servant, the railroad land-grant system. Invented by Democratic legislation, JOS. S. WILSON, that system grew &nd expanded under the fostering care of Democratic Acting Commissioner. officials, which appear to have hesitated at no step and to have refused (Similar letters, same date, sent to register and receiver at Minneapolis, no demand required by corporate aS3nrance or inspired by corporate Sauk Rapids, Stillwater, and Chatfield, Minn. Ter., and register and receiver at Faribault.) \. greed. · Not only did these administrations lock up an aggregate oflands rival [Extract from annual report of Commissioner of General Land Office for 1854.1 ing the superficial areas of all the thirteen original States of the Union .At the instance of many members of Congress and others. about 31,000:000 of for the benefit of the forty-seven Democratic railroad la.nd grants of the acres in several of the landed States have been withdrawn from market in an- ante-bellum period, but they hastened to convey to railroad companies ticipationofgrantsforrailroadandotherinternalimprovements; a.ssuchgrants the legal title to great quantities of public lands embraced within were not made, it was deemed expedient to restore these masses of lands to market, especially in view of the passage of the bill graduating the price of the granted and indemnity limits before any road had been constructed and public lands, and this has been done, except where the resen·ation was for a far in advance of the progress of construction, and in many instances fixed period or grants have already been made. where no road was ever built. _ The withdrawals in Iowa covered nearly two-thirds of the entire These Democratic railroad granting acts gave in each case outright State and were made by the then Commissioner of the General Land 120 sections, or 76,800 acres to ea{}h road, before a dollar had been spent Office, .Mr. Hend1·icks, and the urgency was so great that not only were by the companies or a stroke of work done. The title ~•bsolutely vested they made ten days before the final approval of the granting act, but to 76,800 acres in each railroad company receiving the grant, whether they were made by telegraph. The effect of them was not only to pre- any road was ever built or not, and the law provided that as fast as vent settlement so long as they remained in force, but they also pre- each section of 20 miles of road should be built another 120 sections of vented the consummation of entries already begun by settlement and land might be sold by the grantee company, and so on, the law giving :filing. These withdrawals were enforced for many years, impeding the land 20 miles in advance of construction continually. This was to settlement, and benefit.ing the railroad companies to the disadvantage provide means at public expense for bnilding tbe roads for the com of actual settlers. _ panies, without 1·equiring the companies to pnt their own money into Similar action was taken by :M:r. Hendricks and his predecessor in construction. But the Democratic administration was worse than the the case of grants in Florida, Alabama, Louisiana, and Minnesota, Demcrcratic statute. These administrations, conspicuously the admin nearly always in ad vance of the passage of the bills making the grants, istration of Commissioner Hendricks, certified almost at once the greater and always before definite location. In several of the orders the per- portion of the lands all along the lines of the roads without regard to fection of pre-emption entries already begun, based upon actual set- the limitation of 120 sections for each 20 miles, and before any road tlement,- was prohibited. It was the railroad company, and not the had been ~onstructed or completed. . . . settler, in which the Democratic party was then interested, and such I Inde.mmty Ian~ were also_ COD;veyed I:D b~, m the same way, WI_th preference has continued to the present time. out eVIdence of right to receive mdemmty, without even an assertion The official statement of facts confirming all that T have said in this of losses on which an indemnity right could be based, and before it connection is folmd in Senate Document 170, Forty-ninth Congress, ~as kn .- 1888. OONG=:ESSIONAL RECORD-SENATE. 8869 constitutional and other objections which had induced its veto by Mr. ments and charged the Government itselt wit.h the direct execution of the en terprise. Buchanan. Tb.is enterprise was viewed as a national undertaking, for national purposes, DIFFERENCE IN GRAloo"TS BEFORE AND All'TER 1861. and the public mind was directed to the end in view rather than t<> the partic Great stress is often laid upon the fact that the earlier grants were ular means of securing U. Although this road was a. military necessity. there were other reasons active at the time in producing an opinion for its comple made to States while the Pacific Railro.ad grants were made to corpo tion besides the protection of an exposed frontier. rations. There was a vast unpeopled territory lying between the Missouri and Sacra Tb.e distinction is illusory. All the grants were made for the benefit mento Rivers wb.ich was practically worthless without the facilities afforded by a railroad for the transportation of persons and property. Wilh its con of railroad companies, and railroad companies obtained the lands in every struction the agricultural and mineral resources of this tei"ritory could be de instance. The State was a mere naked trustee, without use or benefit, veloped, settlements made where settlements were possible, and thereby the and bound to transfer the lands on demand of the corporations. wealth and power of the United States largely increased; and there was also the pressing want, in time of peace even, of an improved and cheaper method A difference that might be advantageously drawn in favor of grants of transportation of the mails and supplies for the Army and the Indians. to corporations directly, instead of through State mediums, is that cor It was in the presence of these facts that Congress undertook to deal with the porations created by Congress can be controlled by Congress and the subject of this railroad. The difficulties in the way of building it were great, and by many intelligent persons considered insurmountable. Although a free public donation better guarded than can be done when the corporations people, when resolved uoon a course of action, can accomplish great results, the are protected by State charters, and the Congressional control for all scheme of building a railroad 2,000 miles in length over deserts, across mount purposes excluded. This is the practical fact, 'tl.lthough the reason for ains, and through a country inhabited by Indians jealous of all .intrusion upon their rights was universally regarded at the t\me as a bold and hazardous un making trans-continental grants to corporations was, chiefly, that the dertaking. roads passed generally through Territories instead of States, and the The peJ"tinent distinction between the Pacific grants and the earlier undertaking was national in scope and not limited to State boundaries. State grants is that good cause existed for the former, and that every Deceptive charges are also made against the Republican party founded acre so granted has returned its value by the thousand-fold, while no upon a contrast, at the present time, between the amount of lands em gooo reason existed for the early State grants and no national benefit braced in grants madepriorto186l,·and the amount granted after that has ever been derived from them. date. Such charges ignore the vast uifferences between the enterprises Again, the distinction which marks State and Congressional super undertaken at the different periods, and the total difference in the con "\ision ~d illustrates the aifference between Republican and Democratic ditions of locality and construction. administration is exhibited in the manner by which grantees were The earlier grants were made in settle~ Stat€8, embracing towns, placed in possession of granted lands under the two systems. cities, and villages, where interstate communication was already estab As already shown, the Democratic administrations of the executive lished, where a demand for railroad facilities already existed, and department of the Government approved lands to the States largely in where the means of construction were at hand. There was no need for ad vance of construction, leaving the Government to bear the loss of a most, if any, of these grants. The roads could have been built with failure to build the roads. out them, as far as, and further than, they were constructed prior to Under grants to corporations, administered by Republican officials, ·1861, and as a rule it may be confidently asserted that none were built not an acre of land bas ever been conveyed to a single one of these cor then or thereafter until construction was profitable without the aid of porations until fully earned by construction, and this is equalty true any land grant. of State grants made since 1861. In numerous instances, as, for example, the Cedar Rapids and other The total amount of land certified or patented to or for railroad com" roads in Iowa, the Southwestern and other roads in Missouri, the Ala panies up to June 30, 1887, was as follows: bama roads, the Arkansas roads, the Florida roads, the Louisiana roads, To States for railroad corporations...... 36,582, 573. 53 and largely throughout the entire list of distinctive Democratic grants, To corporations direct ...... 13, 163, 141. 74 considerable portions of lands were sold by the original companies as soon as certified, and the roads wholly, or in great part, were left to be Total...... 49,745,715.27 completed, if at all, by some succeeding corporation that had little if The grant for the Pacific roads was urged and supported by State any benefit from the grant. • Legislatures, the press, and by public men all over the country, with These early grants thus fell into two divisions-first, those that, like out distinction of party. The support of the Democratic party was the Illinois Central, were for roads that paid from the start and needed pledged to the measure by the Democratic national convention at Cin no Federal assistance; and, second, those that were not constructed cinnati in J nne, 1856; by the Douglas wing at Charleston and Balti until they would pay without the grant, and in these cases the lands more in June, 1860, and by the Breckinridge wing at Charleston and were very generally, if not always, sold n.nd the proceeds appropriated Baltimore in June, 1860. (Public Domain, pages 266, 267.) · by original State transferees who built but few miles, or none at all, Legislative measures to this end had been urged from 1850, and various of the roads for which the grants were ostensibly made. bills were at different times introduced, considered, and favorably re· The grants of the later period were for roads in wild, unsettled coun ported upon by Congressional committees prior to 1861. The first propo try, where construction was an untried and hazardous experiment, and. sition for a money subsidy to construct these roads was made in a bill where the necessity for trans-continental commnnicatio• was of infinite reported to the Senate in 1858, under the administration of J a mea national importance. The inauguration of the Pacific Railroads was a Buchanan. (lb., 266.) potential factor in saving the Pacific States and Territories from Euro As early as 1845 Senator Douglas had proposed a land grant of alternate pean invasion and from the wiles of the Confederacy during the late sections for 40 miles in width on each side of a line from the Missouri war. River to the Pacific Ocean, and a grant to the States of Ohio, Indiana, As a financial proposition the saving to the Government in the trans Dlinois, and Iowa to connect Lake Erie with the Pacific line at the portation of troops and supplies for its border and Indian service ex Missouri River. (lb., 265.) ceeded the subsidies granted, while in a still larger economic sense the The Pacific corporation grants were non· partisan when made. They opening of the vast solitude between the Missouri River and the coast received the votes of leading Democrats in both Houses of Congress, range of the Pacific Slope to civilization and improvement outweighed and afterwards received the steady support of leading Democratic Sen beyond comparison the then present or ever prospective value of the ators and Representatives, including such names as William R. Mor Federal donation. rison, of Illinois; James Brooks and Fernando Wood, of New York; The Supreme Court of the United States, construing the Pacific Rail Daniel W. Voorhees, of Indiana, and the late Vice-President Hen road acts (91 U. S., 79}, thus refers to the causes which led to the Pa dricks. cific Railroad grants: The vote in the Senate on the passage of the Union and Central Pa In construing- an act of Congress we are not at liberty to recur to the views of cific Railroad act of 1862 included such Democrats as Cowan, Davis, individual members in debate nor to consider the motives which influenced Kennedy, Latham, McDougal, Nesmith, Rice, Stark, Willey, and Wil· them to vote for or against its passage. The act itself speaks the will of Con son, of Missouri, in fi\vor of the bill. There were only five votes against gress, and this is to be ascertained from the language used; but the courts, in con struing a statute, may with propriety revert to the history of the times when it the bill, namely, Howe, King, and Wilkinson, Republicans, and Pearce was passed, and this is frequently necessary in order to ascertain the reason as and Wright, Democrats. well as the meaning of particular provisions in it. Of the Democrats who voted for the bill in the House were Allen, Many of the provisions in the original act of 1862 are outside of the usual course of legislative action and can not be construed without reference to the circum Biddle, Brown, Clements, Corning, Delaplaine, Ed~erton, Haight. Hall, stances which existed when it was passed. The war of the rebellion was in Leary, Menzies, Noell, Perry, Price, Rollins, of Missouri; Steele, Ward, progress, and, owing to the complications with England, the country had be and Webster; while of Republicans against it were Babbitt, Baker, come ala1·med tor the safety of our Pa-cific possessions. The loss of them was fc:ued should the complications result in open rupture; but even if this fear Blair, Brown, Bnffinton, Chamberlin, Cobb, F. A. Conkling, Diven, were gt·oundless it was quite apparent that we were unable to furnish that de Dunn, Harregon, Kellogg, Lovejoy, of Illinois; McKnight, Justin S. gree of protection to the people occupying them which every government owes Morrill, Morris, Pike, A. G. Porter, of Indiana; Shanks, Sheffield, to its citizens. , It is true the threatened danger was happily averted, but wisdom points out the necessity of ms.king suitable provision for the future. Thomas, Wadsworth, Walton, A. S. White, and Woodruff. This could be done in no better way than by the construction of a railroad The act of 1864, extending and enlarging the privileges of the grant, across the continent. Such a road would bind together the widely separated parts was vigorou<3ly supported by leading Demor.rats, among them Bald win, of our common country and furnish a cheap and expeditious mode for the trans portation of troops and supplies. If it did nothing more than afford the re Brooks, of New York; Coffroth, English, of Connecticut; Kalbfleisch, quired protection to the Pactiic States, it was fit t-hat the Government, in the of New York; Julian, of Indiana; Knox, of Missouri; Morrison of illi performance of an imperative duty, could not justly withhold the aid necessary nois; Myers, Odell, of New York; Ross, of Indiana; J. B. Steele, W. to build it, and s9 strong and pervading was the opinion that it is by no means certain that the people would not have justified Congress if it had departed G. Steele, and Sweat. from the then settled policy of the country regarding works of interna.l improve- T!Ie Northern Pacific Railroad bill, passed May 31, 1864, was sup- CONGRESSIONAL RECORD-SENATE. SEPTEl\IBER 24, ported and votoo for by the following Democrats in the Honse of Rep be presumed that the amount of swamp and overflowed lands unfit for cultiva tion in 1850 sold by the United States and purchased by individuals b etween resentatives: Allen, of Illinois; Baldwin, of Missouri; Boyd, Coffroth; 1850 and 1857, at a period when settlers and purchasers had their choice of the Eden, of illinois; Eldridge, of Wisconsin; Heall, King, Knapp, Lazier, best lands in most of the States, would be very small; but claims for cash in McAllister, Nelson, Noble, Odell, Pruyn, J. B. Steele, W. G. Steele, demnity, based upon the alleged swampy character of lands pre-empted and otherwise purch.'lSed from the United States between 1850and 1857, havealready Sweat; Voorhees, of Indiana, and Ward. been allowed to the amount of nearly 51,400,000, and land indemnity has further Of Republicans who voted against the bill were Messrs. .Alley, of been allowed to the amount of 572,000 acres; and such claims at the present Massachusetts; Baxter, Eckley, Elliott, R. E. Fenton, Hulburt, In time are more freely presented and more importunately urged than at any pre vious period. Efforts have also been made to induce Congress to extend the gersoll, Li.ttl~john, Morrill, Orth, Pike, Pomeroy, Schenck, Scofield; indemnity pl"Ovisions so as to allow indemnity for lands sold by the Government Spalding, of Ohio; Tracey, E. B. \V'.ashburne, Wardsworth, and Wilson, between 1857 and the present date. of Iowa. Indemnity is now claimed for numerous tracts orland whlch wel"esoldns ag ricultural between the years 1850 and 1857, the u State agents'' alleging recent In the Senate the bill passed without opposition, receiving the sup discovery that the lands were swamp in 1850. These claims threaten substan port of the Democrats in that body, including Mr. Hendricks, who tially the mnss of agricultural land sold by the United States between those dates. spoke in its behalf. If foundation existed for such claims to any great extent, it must be supposed that the settlers of that day chose swamp lands instead of arable lands for farm The Atlantic and Pacific grant passed the srune way. There was ing purposes; that the early pioneers, who went to the border line of civiliza not a v.ote against it in the Senate; in the House many leading Demo tion to make homes upon public lands, deliberately selected and purchased crats supported it, and some leading Republieans opposed it. swamp and overflowed l~nd, "rendered thereby unfit for cultivation," in pref eren<~ e to good agricultural land, which was then abundant, and which they The Texas and Pacific grant was passed by the Sena.te without a could have taken at the same pdce. division, not a Democrat voting against it. In the House it received When the swamp-land act was passed in 1850, tbe then Commissioner the support and votes of Archer, Axtell, Beck, of Kentucky; Bethune, of the General Laud Office, in response to are olution of the Senate, Booker, Buck, Connor, Corker, Dockery, Dox, Duke, Hambleton, known as the Corwin resolution, reported thab the amount of the pro Hamill, Hamilton, Hefiin, Johnson, Jones, Manning, McKenzie, John posed grant was •' a :fixed and ascerbained amount,'' and would equal Morrissey, Mungen, Ueyers, W. W. Caine, Schumaker, Shober, J. S. about 5,000,000acres. That statement is repeated in the General Land Smith, Strader, Swann, Trimble, of Kentucky; Wallace, Wilson, and Office report for 1886. Previous to 1861 upwards of 57,000,000 acres had Young, all Democrats. been selected and claimed, chiefly prior to 1857, and so generally had SWAMP LUI> GRAN TS. these selections embraeed well-known dry and cultivable lands that the But, Mr. President, Democratic prodigality never began nor ended beneficiaries of the grant obtained the passage of an act in that year mak with grants to railroads. ing wholesale confirmation of the illegal and fraudulent selections. The swamp land grant by the of 1849 and 1850, and the exten a acts Thetotalamountofswampclaim.sfiled uptoJulyl,l887, was77,407,- sion of these acts by the acts of 1855 and 1857, mark the most unique 273 acres, equivalent to the combined area of the States of New Hamp and extensive scheme for exhausting the public domain that distin shire, Massachusetts, New York, New Jersey, Pennsylvania, and Dela guishes both Democratic legislation and Democratic administration. ware, although the provisions of the grant apply only to fifteen public" The ostensible purpose of the grant was to enable the several States land States admitted into the Union prior to 1860. to construct the necessary levees and drains to reclaim the swamp and The following table from official reports shows the present surveyed overflowed lands within their limits. That it was at once used for the areas of the swamp-land States, the amount of land sel~ted and purpose of sweeping into collusive private possession, through State claimed under the grant, and the amount thus far actually approved: medium, vast bodies of the public domain, with no intention of carry ing out its professed objects, is evidenced by the alacrity with which Surveyed selections were made, irrespective of the non-swampy or agricultural Name of State. Sel , Previous to 1861 the amount of land embraced in swamp-land selec which, upon settlement according to ihe confirmation, were found to tions in the five public-land States of Alabama, Arkansas, Florida, Lou embrace a total of 8,202,110 acres. isiana, and Mississippi, and mainly confirmed to these States under the A table of the grants and areas embraced in these confirmations ap act of 1857, was 35,311,548.07 acres, us follows (Land Office Report pears in the Land Office Report for 1885, from. which it is seen that the 1861) : act of December 22, 1858, confirmed twenty-two town and pueblo Acres. Acres. claims, ostensibly for the benefit of the inhabitants, aggregating 1, 060,- Alabama...... 479,514.44 1 Louisin.na...... 11,318,317.95 375 acres, and including the pueblo of Acoma, confirmed for 95,791.66 Arkansas ...... 8, 652,432.93 Missis!!ippi...... • 3, 070, 645. 29 acres, or more than five times the quantity ever granted to pueblos by Flori~~t;;.1::::·.:::::::::::::::::.~:.:.~· -~... ~~-- ...... 35,311,548.07 Mexican authority; the pueblo of San Felipe, con:firmed fo r 34,766.86 Here were 35,000,000 acres added in a lump to the slave J?lantations acres, or twice its legal quantity; the pueblo of San to Domingo confirmed of the South under one act passed as a Southern Democratic measure for 74,743.11, Ol' four times its granted area; the pueblo of Isleta con ostensibly for public purpo~es "and appropriately administer~d by Dem firmed for 110,080.31 acres, or six times its normal quantity; the town ocratic officials as an ingenious and gigantic scheme of pubhc land spo of Tome, confirmed for 121,594.53 acres, or seven times more than liation, with the sanction and validation of a Democratic Congress granted; the town of Casa Colorado, con:firmed for 131,779.87 acres, or through its con:firmatoryacts. ·we have the evidence of the late Dem nearly eight times more than allowed bythe 1.'1wsof Mexico; the town ocratic Commissioner of the General Land Office that swamp-land se of Chilili, confirmed for 41,481 acres, or two and a half times more than lections as a class, embrace the most desirable agricultural lands, the town limitation, and the town of Belen, confirmed for 194,663.75 incl udu;g the ''entire body of1ands in the vicinity of rivers and creeks,'' acres, a quantity more than eleven times greater thau the lawful area notoriously the choicest farming lands of the country (Land Office Re of such grants. port, 1886). We have also his testimony, if it were needed, to supple The act of June 21, 1860, comprised thirty-three individual claims ment the common stock of general information, that the lands obt.:1.ined designated merely by their numbers "as reported by the (Democratic) under cover of the swamp-land grant have gene-rally been dispos¢ of surveyor-general," and aggregating 7,141, 734.19 acres in this single by the direct beneficiaries of the Government "in large quantities for act without mention in the act of the names ·of grantees, or any ex a small consideration." (Land Office Report, 1887). hibition of the quantity of land so confirmed. The House Private Land ClaimS~ Committee on April 2, 1860, in recommending the con OTliEil. DX'MOCitATIC DLSPOSP....LS OF .PUDLIC LAUDS IN THE SOUTH. firmation of those claims, stated-that the '' are.a. of but five of them. is The States of Alabama., Ark..wsas, Florida., Louisiana, and Missis either stated or estimated. Whether the other claims embrace a less sippi contain a combined area of 160,000,000 acres, as follows: or a greater amount is not and can not be known from the document- I . Acres . Acres. ary evidence of title forwarded by the surveyor-general. The grant Alabama ..... -...... 32,462,080 1 Louisiana...... 26, 4Gl, 440 in each case refers to some stream, hill, mountain top, v:alley, or other Arkansas...... 33,406,720 JUississippi...... 30, 179, 840 natural object for boundary." (See House Report 321, pages 180, 182.) Flori~~t~i·:~:::::~:::::::::· · :::.' : ~.::.~.~:~~~ 160,441,600 This broadcast confirmation embraced the notorious "Maxwell" ...... :: ...... land-grant ofl, 714,764 acres, conveniently veiled in the act of confirma Prior to 1861 public lands had been disposed of in these States, ap tion as claim number "fifteen;'' the "Sangre de Christo" grant in proximately, in round numbe!.'s, as follows: New Mexico and Colorado, designated in the act simply as claim number Acres. "four," but embracing in reality, as sub.sequently disc~vered, over a Cash sales, including public and private sales, sales un~er the gradua- tion act, sales of Indian lands and sales by pre-emption, etc...... 45, 000, 000 millon acres; the claim of Preston Beck, Jr., confirmedsimplyasnum Swl\m.,P-).and grant ...... _...... 35,000, 000 ber "one " but being actually for 318,699.72 acres; the Tierra Amarilla, Railroad grants ...... _...... 11,000,000 Military bonnty land-warrant locations...... 5, 000,000 con:firmed as number . "three~" 59!,515.55 acres; and th-e claims con Private and miscellaneous grants and c1aims ...... -.. lj;, 000,000 firmed as "numbered from twenty to thirty-eight," both inclusive, School grants ...... ~ ...... 4, 500, 000 "as reported" by th-e aforesaid Democratic surveyor-genera], inClud Private extinction of permanent Indian reserves...... 3, 000,000 ing the "Las Vegas" claim, so confirmed for 496,4.46.96 acres, and its Internal-improve=ent grants ... ~ ...... :.. 2, 500,000 --·- - duplicate under an alleged grant of the same land, soconfumedior 496,- Total_ ...... _ ...... 111,000,000 446.96 acres more; the "Canon de San Diego," 116,286.19 acres; the Of the 111,000,000 aeres of public land disposed of by the Govern toW!l Anton Chico, 378,537 acres, which b~came the pl'Operty of an in men.tin thefive Southern public-lana States prior to the war over 50,000,- dividual as a result of this confirmation; the " Mo.ra '' grant, embrac 000 acres were embraced in the swamp, railroad, and other 'State grants; ing 827 62J.Ol acres as blindly confirmed; the "Armendaris" grant, 447,535:18 acres, and other smaller cla.ims with areas ·ranging below 20,000,000 acres in .Indian lands, mostly tlbtained in larg~ bodies at • small cost; 25,000,000 acres were sold under the graduation acts at 100, 000 acres. Yet every one of these grants were limited and restricted under Mexi ,Prices :rallging chiefly from 12t cents to 50 ce~ts per a~re, and there mainder was embraced in miscellaneous donations and m cash sales at can laws to an area which at most could not exceed 44,000 acres to a minimum Government rates. claimant, and it is very doubtful if many of them were of the clas3 en In this mqnner the demand for -new lands to replace those worn out titled to even that area. by slave labor was met at the expense of the public domain. · The Republican administrations of the Government, sncceeding to the lega{)y of these confirmed claims and to the ministerial duty of re D.E:liOCP..ATIC DISPOSAL OF PUBLIC LANDS BY MEANS OF FRAUDULENT PRIVATE cording their results, vainly attempted t<> interpose checks upon the L..>\.ND :CL AIMS. . fruition of the schemes which had crystallized into "vested rights" by If time permitted, I should be glad to devot-e a few moments to the virtue of Democratic legislation. results of Democratic administration in the matter of private land Secret~ry Cox in 1869 sought to limi.t the final survey of the Max claims in Louisiana, Florida, Missouri, and California. I can only say, well grant to 22 square leagues, or about 97,000 acres, but the Supreme what the record fully proves, that special and .irresponsible tribunals Court of the United States in 1876 construingthe act ofJnne21, 1860, were created 1 the functions of which appear piactically to have been to in the Tameling case, held that "the confirmation being n.hsolute and foist upon the United States the con:firmation of all manner .of private unconditional, without any limitation as to quantity, must be regarded claims to the public domain. No machinery was provided and no. ap as effectual and operative for the entire tract as reported by the sur- J?ropriation made for the adequate defense of the UJ?.ited States. Claim veyor-general." _ ants alone were heard, and unless some adverse private claimant ap It had already .been settled by the court ''that such an act passes p eared in any case there was little or no resistance to demands of any the title of the UnHed States as effectually as if it contained in terms character. 'The United States was a fat goose to be plucked by all n. grant de novo." This decision necessarily governed the patenting of comers and the chief service of Government officials under this system the Maxwell grant, for which Republican officials have been ignorantly seems to have been to apportion the spoils. The Louisiana, Missouri, condemned. and Florida claiins were confirmed in bulk by Democratic Congresses The last act in confirmation of such claims by the Democratic Con upon the reports of such commissions, and public lands were pa-ssed to gress which expired March 4, 1861, was the act of March 1, 1861, co~ priY"ate claimants by leagues in extent with less consideration and de firming claim number '' 43 '' in the report of-the surveyor-general, this bate than evoked by appropriations for the pay of an additional clerk, being the ''Ortiz Mine '' grant, so called, embracing, as confirmed, messenger, or ln,borer in the Executive Departments. 69,458. 33 acres of mineral land. . The results of Democratic private land claim legislation are conspicu It is well known that the Mexican Government never granted mmernl ously apparent in the wholesale confirmations made in 1858 and 1860 lands, and the present Democratic surveyor-general ~f New ~I ex~co, of vastly exaggerated grant claims in New Mexico. The laws of Mex in his report for 1887, speaking of the needless confirmatiOn of thiS clarm, ico authorized grants of not exceeding 4 square leagues (about 17,000 says: acres) for town settlements or pueblos; 1 sitio, or fractional part thereof In the case of the Ortiz ~line claim I think no !lTant was ever made. It was (a sitio being about 4,400 acres), for individual grants, and not exceed invented by the surveyor-general, and made legal by the hasty act of Congress ing 11 square leagues (about 44,000 acres), for colonization grants. The confirming it. great majority .of claims rest upon sitio and fractional grants, many of And again, referring to the wanton and shameful surrender of pub them for only sufficient land to plant a few fanegas of wheat, and yet, lic lftnds to tpe rapacity of monopolists~ he says: by two acts of Congress, passed December 22, 1858, and June 21, 1860, I have already referred to the Ortiz Mine grant, in which Con&'ress was !n no less than 55 grant claims were loosely confirmed, in geneml phrase, duced to unite with the surveyor-gene.ral in squandering uponpr.1vate partieS 8872 CONGRESSIONAL RECORD-SENATE . . SEPTEMBER 24, over 69,000 acres of exceedingly valuable mineral land which the Mexican Gov ferred to, and how much :ind to whom the credit, if any, should be ernment never g1·anted. g~e~ . FALSE DEMOCRATIC CLAIJI1S AS TO RESTORATIO:N OF LANDS TO THE PUBLIC DOMAIN. 1. 'fhe Southern Pacu-if the indem- 8874 CONGRESSIONAL RECORD-SENATE. SEPTEMBER 24, nity lands were not formally restored, they could never go to the rail earned lands to the public domain &o that they could be taken by act road company beyond its legal rights, butremained thepropertyofthe ual settlers; it was passed, was hesitatingly obeyed, has not yet been Government in a state of reservation, so that the formal o_pening of wholly complied with, and the railroads were shown every possible them to settlement, which is what is meant by the word ''restoration,'' favor under it. The fact is that the dilatory action of the Departmen.t, did not necessarily "restore" anything to the Government which it coupled with the favor shown the railrouds in the matt-er of selections, did not already have. enabled the comp..'illies to select practically all the lands within in E,·en if the term "restoration" had anything but this Pickwickian demnity as well as within granted limits, and it is doubtful if even so meaning, yet the results claimed by Mr. St-ockslager are conspicuousl.v much as 1, 000,000 acres of land were actually 1·est01·ed e>en nominally falladous and untrue. He obtains his aggregate of lands "restored'' as the result of departmental action. But whatever of good followed by classing as lands taken from the railroads and subjected to general the passage of the law is due, not to the AdministTation, but to Con settl ~ ment all odd sections within the withdrawn limits. Whereas a gress and to the initiative and work of Republicans in that body. very largE' portion thereof (about 50 per cent.) were either disposed by The next item is that of 576,000 acres, claimed to have been restored the United States prior to the railroad grants or from natural causes from withdrawal on account of a private land claim in New Mexico. are deficient upon the ground. In other words, these acres did not This is known as the "Nolan grant," which was settled some years exist for the order t<> operat€ upon. .And of the remaining moiety, the since by Congress, and the ~lease of the lands from withdrawal was a railniad companies are shown in the official _pamphlet published by me1·e ministerial duty following the legislative .act, to be performed Secretary Lamar, and entitled ''R..'lilroad Indemnity Withdrawals," whenever the question of their disposition rose. The actual restora. to have exhibited a sh01tage of over 20,000,000 acres, n;nd to have either tion was, therefO-re, effected by prior legislation, and not, as the public selectecl·years ago all of said remaining moiety in satisfaction of that would be led to believe, by the executive acts of the present Adminis shorL'lge, or were allowed additional time to complete selections before tration, even if it had the power to usurp legislative functions. pret-ended restorations should become opemtive. The matter is, how The next item of claimed "restoration of lands to the public do eYer, conclusively disposed of by the fact that by the express t~rms of main'' exhibits an assumption of publidgnorance which may be proper said a-lleged orders of ''restoration'' all applications of settlers to enter as applied to the Democratic party. the hnds embraced therein were t<> be ''held subject to the claim of This is the statement tha.t 27,460,608 acres of land have been "act the compa.uy, of which claim the applicant must be distinctly informed, ually restored" from the cancellation of'' entries under pre-emption, and memoranda thereof entered upon his papers.'' So that the avowed homestea.d, timber-culture, desert, mineral, and timber-land law-s, can purpose of the pretended orders of "restoration" was not to open a celed in the regular course of examination and proceedings in the General road to the acquisition of settlement titles to lands so recovered to the Laud Office for abandonment, illegality, and other causes." Government as to be subject to clear disposal, but rather· to invite set The gross misrepresentation in this paragraph does not consist alone tlers to an interminable lawsuit with powerful corporations whose in the guess-work of .aggregate amount, which, being incapable of veri claim to the lands is declared in the invitation to be paramount. fication, may, for the same reason, be thought to be inca,pable of au Early in the Forty-ninth Congress it became evident that there was thentic rebuttal, and therefore safe from exposure, but consists, first, a ''play'' going on between Commissioner Sparks, of the General Land in the .assertion that such cancellations are a consequence of the '' regu Office, and his superior, the Secretary of the Interior, whemby the or lar course of examination and proceedings in the General Land Office,' 1 dinary processes of adj ustment·of land grants were being impeded and which implies official scrutiny and the exercise of judgment and dis the iutel'ests of the railroads subserved. One of the favorite measures cretion in official action; and, second, in asserting that the result of of the Commissioner, a.nd which he heralded in his s.nnual reports for such cancelk'ltions is a " restoration" of this great body of public lands 1885 and 1886, .as comprehending a "recovery" .to the public domain .to public entry. of 10,000,000 acres. of public land, was what he styled a "rectification It is well known that the major part, certainly not less tb.an 90 per of the lateral limits of railroad land grants.'' cent., probably more nearly 99 per cent., -of all the cancellations re He asserted that a greater quantity of land had been included in the corded in the General Land Office for the past eight years are cancella withdrawals than were embraced in the grants, which alleged excess tions on '' voluntary relinquisb.men t." he estimated as averaging 500 acres per mil'3. In his report for 1885 . Usually this means that the entryman hns sold his improvements to he said: an intending settler who enters upon the land at once, and it there The total1eogt.h of constructed and unconstructed land-grant road for which , fore never goes .even formally "back to the public domain.'' Np one withdrawa\8 have been made exceeds 20,000 miles. At au average rate of 500 but the purchaser gets the benefit of the cancellation of the entry, and acres per mile, the aggregate area. of overdrawn lands will amount to 10,000,000 acres, which vast amount has hitherto been treated as the absolute property therefore there wa-s- no, and could be no, actual restoration to the pub of the corpm:ations, but is in fact public land of the United States, reoovm:able lic domain. But suppose that the entryman abandoned without sale to the public domain. to a succeeding settler; the land became again subject toentrywithout Here was a splendid promise of land saving well calculated to im any affirmative action of the Land Office, which might just as well press the country with the conviction that the Land Department :W118 in claim the credit for the early and latter rain which falls upon the lands safe hands under the Administration. of the Government as well as those upon those of the settler, as to clajm The decision which the Commissioner rendered in pursuance of his that it had "restored" lands to which the title was already in the Gov theory was, of course, appealed to the Secretary by the railroad com ernment, and which, 'having been delivered into the possession of a pany which was thereby threatened with loss. Ueanwhile all adjust settler, he had of his own volition abandoned. ments of land grn.nts were suspended, settlers were complaining that Whet,her, therefore, th-e volume of cancellations or relinquishment they were prevented from going upon lands unnecessarily held for in amounts to 27,000 acres or 27,000,000 acres in a given period adds demnity, and a grave suspicion arose that in some way a game of bat nothing to the efficiency or merit of the conduct of the Land Office and tledore and shuttlecock was going on between the Commissioner and nothing to net results of administrative action. Secretary which meant profit to the railroads and loss to the public. It is rather an evidence of the extent to which the present Adminis . To meet this condition of things 1\Ir. ANDERSON, of Kansas, a Repub tration has discouraged and extinguished settlement claims. lican, introduced into the House a bill requiring the Secretary of the A certain but comJlaratively small proportion of entries are always Interior to proceed forthwith in the adjustment of unadjusted land and necessarily canceled '' in the regular course of examination and grants, and providing means whereby lands which had been -or should proceedin~ in the General Land Office for abandonment, illegality, be improperly conveyed to or for the benefit of railroad companies and other can8es," chiefly as the result oHndividual contests; but these might be recovered. This bill finally became a law March 3, 1887. seldom imply .a "restoration" to the public domain. They imply sim Although only requiring in the matter of land-grant adjustment what ply that of two claimants to a tract of land one is adjudged to have a the law already authorized, and what had already been practiced by better right, and the entry of the losing party is canceled, usually, how · former administrations, it seems to have been the means of accelerat ever, saving his right to make another entry elsewhere. ing the work of the Interior Department somewhat, for within a week The annual report of the Commissioner of the General Land Office after its passage the Secretary decided the case so long before him on for 1887 lets the cat out of the bag completely as to the false pretense appeal from the Commissioner heretofore referred to, involving rectifi ofthese alleged restorations. He says: cation of withdrawal limits. The Commissioner was, of course, over Under the timber-culture laws relinquishments of entries a.ud the making of ruled, it being neither the first nor the last decision by the Secretary entries for the purpose of selling relinquishments is a business of great magni tude and an unqualified abuse of the privilege of the laws. The same tracts of which gave to railroads their entire claim upon public lands. The ad land are entered and relinquished over and over again. Genemllyin each case justment provided by the act did not, however, proceed with vety great a n~w entry is filed simultaneously with the presentation of a relinquishment raJlidity, for it was nob until the August following that. any order was of the former; and the process goes on indefinitely. Meanwhile the lands are issued revoking indemnity withdrawals with a view to final accounting. held from settlement and remain uninhabited, unimproved, and unculliiva.ted. Meanwhile the railroad companies had had ample notice of the pro- ' The comment upon this subject made in a recent issue of the New posed action and had selected every possible acre ·of land within in York Tribune is too good to be lost and makes the exposure complete: demnity limits. The Commissioner then cites a number of examples from the official records. In one case the same 160 acres in Nebraska. had been "entered" six times and The whole of this claim of "railroad indemnity lands restored," so "relinquished and canceled" five tiines in the last eight'years, four of the en far as it relates to action initiated by the Department or to any of the tries o.nd three of the relinquishments having been filed under the present Ad steps taken or things done by this Administration, is void of founda ministration. In another case, in Dak:ota..l60 acres had been "entered" and "relinquished and canceled" fivetimes. It appears that the ingenloll.!l but not tion. A law of Congress became necessary to compel the Interior De ingenuous Democratic mathematicians have taken these and thousands of partment to proceed promptly to adjust land grants and resrore uu- cases :mdcounted each of them as many times as they wm:e "relinauishcd n.nd 1888. CONGRESSIONAL RECORD-SENATE. 8875 canceled, a~rding to the z:ecord. In this war the same 160 s.cres would figure according to the Supreme Court, are non-forfeitable. But if the De a:' 800 acres tf. five ca.ncellatJOns had been recorded, and tne two specific cases Cited would yteld an aggregate of 1,600 acres to be credited to the "reform Ad partment ~hinks these lands should be restored to the public domain, nrinistra.tion." Could anything be more false or nrislea.ding than a" state why does It not restore them? The firsb section of the land grant ment" based on such calculations? adjustment act of 1887 is as follows: Given a sufficient number of "c:mccllations" for a multiplier and the same quarter section would yield Stockslager's total of27,460 608 acre~. Now every 1J?hat th~ Secreta~ of.the ~terior be, and is hereby, auth01·ized and directed h'er, but Sparks declared officially tha~ between each of the railroad land grants made by Cong.rass to aid in the construction of the 1st dav of April, 1885, and the 30th of June, 1887, 2,H17 entries only were can railroads and heretofore unadjusted. celed, embracing 351,520 acres. If Stockslager's "statement" were true he would hav~ ~vestigated, exa?llned, reviewed, adjudged, and canceled about Under this section it is the dnty of the Secretary to immediately ad l69,0CO entries m the short perwd covered by his own incumbency, which began just all outstanding land grants, giving to the roads what he thinks only about eleven months ago. Sparks assaulted Congress frequently and vio- lently for an increase of force upon the plea that his clerks had disposed of the them le.:, titled to all the lands embraced within the limits of the grant as though not be permitted to go for nau.e:ht and acknowledged to have been with the road had been completed in time. out basis. So Mr. Sparks was appointed Commissioner of the General This was the decision of .M:r. Cleveland's fust Secretary of the In La~d Office, a person who knew nothing whatever about the public terior, and his first appointee to the Supreme bench, but the responsi land system and had no special qualifications for the discharge of the bility was not that alone nor chiefly of 1\Ir. Lamar, for the decision he legitimate duties of the place. But he was suspicious, querulous; a rendered was dictated or at least concurred in by the determination of man who could, on paper at least, make mountains out of mole-hills, a Cabinet meeting, at which, of course, the President presided. This and who possessed one especial qualification for the performance of what was also followed by the issuance of patents bearing the President's was expected of him-he thoroughly hated the Republican party and signature. The decision of the Secretary was a denial of the position aU its works. of the Democratic House and an affirmance of that of the Senate. Thus As might have been expected, Mr. Sparks first voided his malice on it will be seen that a Democratic President has perpetrated what a the ~;~ettlers of the West and Northwest, in whose acquisition of a quar Democratic House denominates ''robbery of the public domain for the ter-section each of the public land be saw evidence of fraud, and all of benefit of a railroad company." .Aud yet the Administration is seek whom he treated, so far as in his power, ~s thieves. Nothing in the ing retention in power on the false pretense that it is engaged in "re history of the Government has been more outrageous than the perse covering'' lands instead of conveying them to railroad companies, and cution of frontier settlers under .M:r. Sparks's administration. It has is availing itselfof the falsehoods of the Stockslager circular as a me~ns heeu claimed for him that he was sincere, but misguided; but how he to that end. · could have been sincere while venting his spieen on settlers, and at The Secretary followed his decision in the foregoing case to its logical the same time winking at the acquisition by speculators of millions of conclusion, and on the application of the Wisconsin Central Railroad acres of valuable lands in the South, I leave to those who defend him Company also conve_yed to that corporation several hundred thousand to. determine. He could not have been more sectional and discrimi acres of land on account of road built out of time. nated more largely in favor of the South if he had been Jeff Davis him If legislative non-action continues much longer the Democratic In self. He made furious onslaught on the swamp-land act and ita ad~ terior Department co-operating with the railroad companies will have ministration, but his illustrations- were ail drawn from comparatively removed all occasion for the forfeiture of railroad land grants by ab infinitesimal fraud which he claimed to have found in Oregon, Minne sorbing all that remains. sota, and Iowa, ignoring completely the immense frauds which be well It may be mentioned, in passing, that the quarrel between the Sec knew to exist in Florida, Arkansas, and the other Southern swamp retary of the Interior and Dparks about the first-mentioned grant oc land SW:tes. It may be said in his favor that he made many decisions casioned the removal of the latter. Sparks was determined to delay against railroad companies affecting their rights to lands; but they the certification of lands so they could not go to patent until after Con were promptly appealed from and as promptly revoked by the Secre ~ress had assembled, when he·intended to secure the introduction of a tary of the Intenor. He filled the newspapers with accounts of what resolution into the House which would stop the whole proceeding. he was doing in the way of reclaiming public lands from railroad com The Secretary heard of this, and put sufficient force at work in order panies, and the Administration claimed and got the credit. It also to have the certification completed before the assembling of Congress, saved its bacon with the companies through the action of the Secre so that no impediment should be put in the way of the acquisition ot tary, and the companies and the Administration took good care that this great body of land by the railroad company. But meanwhile the newspapers should not be filled with accounts of the Secretary's Sparks was dismissed, and while the patents did not actually issue until action in their favor. after Congress met, the backbone of opposition to "railroad robbery ot The Secretary represented the President; what he did was the act of the public lands" had been broken by Sparks's deposition, and the lead the President, and therefore final. The arrangement between Sparks ing Democratic members of the House who had been associated in the and the President was therefore practically what Frederick the Great public prints with the project of a resolution. to stop the issue of pat said existed between him and his subjects. "They say what they ents seemed to find discretion the better part of valbr, and the subject please; I do what I please." No exception was taken to Sparks's c1 aims was allowed to drop; but the howl about "Democratic land reform" in the newspapers concerning lands "restored to the public domain," seems to continue louder than ever, perhaps with intent to conceal from nor to his oppression of the helpless settlers. They were chiefly in the public.notice tho action of the Democratic Administration. Territories and in Republican States; they were isolated, poor, and could The narrative of performance under the head of "private land make no noise loud enough to be heard in the national arena, while the claims" is of the same pretentious charader. Congress has been rec railro~ companies could contribute, as they already had, to campaign ommended to reject certain private land claims. While a confirmation expenses and control significant votes in the doubtful States. And thus by Congress is legal and effective, a rejecti•m by Congress of a private the sham contest went on between Commissioner and Secretary; but land claim would not be conclusive or even detrimental to the final the latter finally became weary at the necessity for so m ncb overruling, allowance of the claim by its courts where its validity must finally be and the former, becomin~ nettled at the impatient expressions of the determined. As I have heretofore shown, such of the private land Secretary, took issue with him concerning the effect of a decision by claims as have been confirmed were so done by Congress under Dem which he had been overruled in his efforts to ''restore" about 400,000 ocratic rule. Since that time Congress has practically confirmed no acres of land to the public domain claimed by the St. Croix and Lake prinl.te land grants, and none: not even the best and most satisfactorily Superior Railroad Company, heretofore referred to. This was too much proven, could be got through in that way, even with the favorable for the Secretary. The settlers were nothing, but when the sacred recommendation of the Commissioner. In due time Congress will cre "rights " of a railroad company to public lands were touched, not for ate a tribunal to confirm or reject all such claims as may be outstand mally but in earnest, it was too much, and Sparks's head rolled in the ing, according as they may be shown to be good or bad. The '' recom basket Without a moment's delay. And thus ended Sparks; but the mendation" of the Commissioner is, therefore, superfluous, to say the false pretenses of the Administration did not die with him, for the least. "recommendations" which he made, and which were either overruled Concerning the last item in the Commissioner's circular, that of or pigeon-holed, are made the basis of claim to reform in the adminis "lands forfeited in Oregon and recommended for recovery under grants b·ation of the public-land system. Paraphrasing a declaration made for military wagon-roads, 2,368,320 acres," it is only necessary to say in the Chicago convention which first nominated Mr. Cleveland, they that early in the last Congress the Senate passed a bill directing suit to \'love Sparks for the recommendations he made." be brought to set aside the certification made to the State of Oregon During the delivery of Mr. PLUMB's speech as given above, for these lands. The title having passed from the United Sta.tes can The PRESIDING OFFICER (Mr. HA.RRISin the chair). Thenour only be vacated and the land restored to the Government by the judg of 2 o'clock having arrived, it is the duty of the Chair to lay before the ment of a court of competent jurisdiction. The House did not act on Selh'lte the special order, which is the bill (S. 994) to amend and en the Senate bill, and it fell with the close of Congress. At the present large the act approved June 18, 1878, entitled "An act to provide for session the Senate bas again passed the same bill, but up to date it bas the distribution of the awards made under the convention between the not received action in the House. After the passage of the foregoing United States of America and the Republic of Mexico, concluded on bilJ the second time in the Senate the President sent to Congress a the 4th day of July, 1868." · message recommending1 the forfeiture of the same lands, apparently Mr. STEW.ART. I ask that that may be temporarily laid aside having overlooked the action of the Senate. His recommendation is until the Senator from Kansas concludes. somewhat belated at the best, butthenecessityforsomethingon which The PRESIDING OFFICER. The Senaoor from Nevada asks unan to base a claim that this is a reform administration perhaps warrants imous consent of the Senate that the special order be laid aside. Is the unscrupulous use made of it. . there objection? The Chair hears none; and it is so ordered. The Sen '!'here is not a material statement contained in Mr. Stockslager's ator from Kansas will proceed. circular which is not false in fact. Mr. PLUMB concluded his speech as already given. Something, of course, had to be done to make performance apparently Mr. HALE. Mr. President-- equal promise. Great things had been declared as certain to result in Mr. BERRY. Will the Senator from Maine yield to me that I may the way of land reform if only the Democracy were brought into power. give a notice? It is not in evidence that the President bas or bad any sympathy with Mr. HALE. I yield to the Senator from Arkansas. the kind of land reform the Democratic party talked so much about Mr. BERRY. I wish to state that the speech of the Senator from before the election. Quite the contrary, as his message hereinbefore Kansas [Mr. PLUMB] conta.ins statements that I had not expected him quoted and hissubsequentactionsshow. But all the clamor made could to make in regard to the public lands of_the country. I prefer, how- 1888. OORGRESSIONAL RECORD-SENATE. .8877 ever1 t.P see the speech in print before replying, and I give notice that The next amendment was, at the top of page 6, to insert: at an early day I propose to address the Senate upon the same subJ \Ct, Salaries, consular service: To pay amounts found due by the &f:lcounting oftl• and in reply to the remarks made b,y the Senator from Kansas. cers of the Treasury on account of salaries, consular service, being a deficiency for the fiscal year 1887, ~. DEFICIENCY APPROPRIATION BILL. To pay amounts found due by the accounting officers on account of salaries, consular service, being a deficiency for the fiscal year 1886, $2,522.53. Ur. HALE. I move that the Senate proceed to the consideration of the bill (H. R. 10896) making appropriations to snpply deficiencies in The amendment was agreed to. the appropriations for the fis<'al year endlng June 30, 1888, and- foi The next amendment was, on page_3, after line 9, to insert: prior years, and for other purposes. Allowance for clerks at consulates: To reimburse Robert J. Stevens, United Sta.tes consul at Victoria, British Columbia, for amount paid for clerk hire at The motion was agreed to. that consulate from May 1, 1884, to March 31, 1886,$400. To reimburse B. F. Bonham, United States consul-general at Calcutta., India, AWARDS UNDER MEXICAN TREATY. for transit pay for twenty days' unavoidable detention at San Francisco by sick• Mr. MORGAN. The special order set for to-day is Senate bill 994, ness, on his way from his home at Salem, Oregon, to his post of duty at Cal· relative to the case of the Weil claim against Mexico. . cutta, in December,1885,lt271.74. The PRESlDENT pro tempm·e. That bas been laid before the Senate. The amendment was agreed to. - Mr. MORGAN. I desire to say that I bad an agreement with the The next amendment was, on page 4, line 4, after the word "claims," Senator from Indiana [llfr. VooRHEES], who is absent from the Sen to strike ont "$500" and insert "$1, 426.89 ;" so as to make the clause ate and bas been for some days, that I would not call up that bill in read: his absence, and I ask the unanimous consent of the Senate that it French spoliation claims: For procuring additional evidence relative to the may be made a special order for this day week. French spoliation claims, $1,4.26.89. · The PRESIDENT pro tempore. The Senator from Alabama asks The amendment was agreed to. unanimous consent that the special order laid before the Senate at 2 The next amendment was, on page 4, after line 13, to insert: o'clock may be made the special order for this day week at 2 o'clock. Expenses of international m onetary conferences: To payS. Dana Horton for additional services as delegate of the Unit.ed States to the international Is there objection? The Chair hears none, and it is so ordered. monetary conference of 1878, and secretary to the commission in and about the preparation of the document of said conference, known as Senate Executive RELATIONS WITH GREAT BRITAIN AND CANADA. Document No. 58, Forty-fifth Cong-ress, third session, and for additional services Mr. MORGAN. The Senator from Kansas [Mr. PLUMB] .desired to as delegate and secretary to the monetary conference of 1881, in and about the preparation of reports of said conference, and for services in said year relating make his remarks this morning upon a bill relating to the public lands, to tbe proposed monetary conference of 1882, $10,000. and I yielded to him in the morning hour when I had the right to the • The amendment was agreed to. floor upon the :resolution of the Senaior from Ohio [Mr. SHERMAN]. I The next amendment was, on page 7, a~r line 20, to insert: respectfully ask the Senate to allow that/resolution to be called up in the morning hour to-morrow at·tbe conclusion of the routine business. 60VERNJIIENT IN THE TERRITORIES. Territory of Dakota: For salaries of two additional associate justices of the The PRESIDENT pro tempore. That order has been already made. supreme court of said Territory provided for by the act approved August 9,1888, The resolution will be called up in the current mornin~ business to from date of qualification in office at the rate of $3,000 each per year, being for morrow. the service of the fiscal year 1889, $5,000, or so much thereof as may be necessary. MONUMENT OF BURGOYNE'S SURRENDER. The amendment was agreed to. Mr. EVARTS. Will the Senator from Maine yield to me? The next amendment was, on page 8, after line 3, to insert: Territory of N cw Mexico: For salary of the additional associate ju!'ltice of the Mr. HALE. For what purpose? supreme court of said Territory, provided for by the act approved February 28, Mr. EVARTS. I ask: the Senator to yield for a moment. If it shall 1887, from date of qualification in office to June 30, 1887, fi841.67. 'k'tke tirue, of course I will not press the bill I wish to call up. The amendment was agreed to. :rt'lr. HALE. I yield for a moment. 'I he next amendment was, on page 8, under the heading }' Miscella Mr. EVARTS. I asl{ the Senate to proceed to the consideration of neous Treasury," after line 11, to strike out: the bill (S. 3460) to appropriate $10,000 for the completion of the mon R elief of William Caldwell: To reimburse William Caldwell as custodian of the ument commemorating the surrender of Burgoyne at Saratoga. custom-house at Cincinnati, Ohio, the amount of a certified check, drawn by Sol. By unanimous consent the Senate, as in Committee of the Whole, P . Kineon in his favor on the Fidelity Na~ional Bank of Cincinnati, wllich failed befot·e the presentation of said check for payment, as a guaranty for the faithful proceeded to consider the bill. performance by Kineon of his contractsfor furnishing coal to the Government: The bill was reported to the Senate without amendment, ordered to PrO'Vided, That any dividends that. have been or maybe declared on this account; be engrossed for a third reading, read the third time, and passed. shall be covered into the Treasury, $1,811. The amendment was agreed to. DEFICIENCY APPROPRIATION BILL. The next amendment was at the top of page 9, to insert: The Senate, as in Committee of the Whole, proceeded to consider the Punishment for violation of internal-revenue laws: For detecting and bring bill (H. H. 10896) making appropriations to supply deficiendes in the ing to trial and punishment persons guilty of violating the internal-revenue appropriations for the fiscal year ending June 30, 1888, and for prior laws or conniving at the same, including payments for information and detec years, and for other'purposes. tion of such violations, being a deficiency for the fiscal year 1887, $2,500. The bill was reported from the Committee on Appropriations with The amendment was. agreed to. amendments. The next amendment was, on p~ge 9, after line 21, to insert: The PRESIDENT The reading of the bill will proceed,' Court-house and post-office at Louisville, Ky.: For continuation of building, p1·o tempore. fiscal year 1889, $10,000. and, if th.ere be no objection, the amendments of the Committee on Appropriations will be acted upon as they are reached in the reading of The amendment was agreed to. _ the text of the bill. The next amendment was, at the top of page 10, to insert: The Secretary proceeded to read t.be bill. The first amendment re Court-house,post-office,etc., at Waco, Tex.: To pay the amount found due by the accounting officers of the Treasury to .John Moore, contractor. for extra. ported by the Committee on Appropriations was, under the head of labor andmaterials supplied and expenses incurred in connection with his con· "State Department," on page 1, line 8, after the words ''salaries for· tract of August 21, 1886, for the construction of a court-house, post-office, etc., eign ministers," to strike out: nt ·waco, Tex., $2,873.88. To pay J. R. Young, late ministet: to China, salary from July 1 to September The amendment was agreed to. 4, 1885, $3,152.17. The next amendment was, on page 11, after line 2, to insert: And to insert: Payment of judgment to E. W. McLean: For payment of judgment rendered against the collector of customs at San Francisco, Cal., in the circuit court of To pay amounts found due by the accounting officers on account of salaries the United States for the northern district of California, nt. the su1t (No. 4158)of of ministers, being a deficiency for the fiscal year 1886, S5,66L04. E. W. McLean, brought for the recovery of damages for the alleged wrongful The amendment was agreed to. seizure and sale of certain opium which they attempted to export without first; paying duty thereon, as required by Department's instructions, together with The next amendment was, on page 2, after line 3, to insert: interest and costs of suit, $3,372. / Salaries, charges d'affaires ad interim: To pay amounts found due by the ac counting officers on account of salaries of charges d'affaires ad interim and dip The amendment was agreed to. lomatic officers abroad, being a deficiency for the fiscal year 1887, $2,053.29, The next amendment was, on page 13, after line 9, to insert: The amendment was agreed to. LIGHT-STATIONS. The next amendment was, on page 2, after line 9, to insert: Castle Hill light-station, Rhode Island: That the appropriation made for the establishment and completion of a light-house and fog-signal at Castle Hill, en· Salaries, consular officers not citizens: To pay amounts found due by the ac trance to Newport Harbor, Rhode Island, by the acts of August 4, 1886, and counting officers on account of salaries of consular officirs not citizens, being a l\Iarch 30, 1888, are hereby made available without condition for the purchase deficiency for the fiscal year 1886, $2,597.22. of n suitable site at the entrance of said harbor, and for the erection and com· To pay amounts found due by the accounting officers on account of salaries pletion of the light-house and fog-signal. of consular officers not citizens, being a deficiency for the fiscal year 1887, $2,867.40. The amendment was agreed to. The amendment was agreed to. The next amendment was, on page 13, after line 19, to insert: The next amendment was, on page 2, after line 19, to insert: Reimbursement of keepers oflight-sta.tions forpersonallosses: To reimburse Contingent expenses United States consulates: To pay' amounts found due by the keepers of light-stations at Matagorda, Tex., and Sabine Pass, La., for per the accounting officers on account of continitent expenses of United States con sonal losses incurred by them during the storms of August and October, 1886, sulates, being a deficiency for the fiscal year 1886, 1519.44. 1582.75. The amendment was agreed to. The amendment was agreed to. •/ 8878 CONGRESSIONAL RECORD-SENATE. SEPTEJ\ffiER 24, The next amendment was, at the top of page 14., to insert: The next amendment was, on page 28, after line 7, to insert: Relief of Iaj. Jared A. Smith., United States Army: To .enable the proper 1\C· Rent, etc., Citadel Academy, Soutb Carolina: To,Pay the amount reported as counting officers of the Tre uryto settle the accounts of Maj . .Jared A. l::imith, doe by the Secretary of 'War in pursuance of the jomt resolution approved Au United States AJ:my, late engineer of the fiflh and sixth light-house districts, for gust 14, 1888, to the State of South Carolina for r~nt of the Citadel Academy at Mo quito Inlet light-st..•ltion, Florida, third quarter of 1884, authority is hereby Charleston, S._G., from August 20, 1887, to February 2, 1882, including the sum granted for tbe allowance of the sum of i235.25, b eing the balance of a payment equitably aue to the said State for the loss by fire of tbe west wing of said build made by him under authority of the Secretary of the Treasury for expenses in ing while in the occupation of the United States, 577,250~ Pmvided, That this curred in connection with the transportation and inte:rment _of the remains of sum hall be a-ccepted in full payment of all claims for rent, wear and te r,and Maj. 0. E. Babcock, United States Army, formerly engineer of said districts, and injury to the property by :fire, or from any other cause whatever due to the said burial of the remains of L. P. Luckey, his clerk, who were drowned while at occupancy by the United States: tempting to land on the coast-of Florida for the purpo e of inspecting the work of constructing the light-house at Mosquito Inlet, Florida. The PRESIDENT pro tempore. The Chair rolls the attention of the The amendment was agreed to. Senator from Maine to lines 14 and 15 in the amendment on page 28, Tho next amendment wa, on page 14, under the head of" District where it reads "from August 20, 1887, to February 2, 18 2." of Columbia,'' to 'Strike out the clause from line 18 to line 25, inclusive, Mr. HALE. That is the language of the amendment reported? as follows: The PRESIDENT pro tempore. It must be incorrect. Mr. HALE. The first date should be 1867. Fo1· the redemption. of one certificate of indebtedness issued by authority of section 7 of the act of the Legislative Assembly, approved June 26, 18i3, dated The PRESIDENT pro tempore. What amendment does the Senator July 1, 1873, of the denomination of $)0, with intere t at the rate of 8 per cent. suggest? per annum, numbered 1371, payable July 1, 1874, ~110 . Mr. HALE. Let that date be "1867" instead of "1887." The amendment was agreed to. The PRESIDENT pro tempore. The amendment to the amendment The next amendment was, on page 16, after line 17, to insert: will be stated, The average annual salary of teachers in the public schools of the Distriet of The SECRETARY. In line 13, after "August 20," it is proJ?OSed to Columbia prodded for in" An act making appropriations to provide for the strike out ''1887" and insert "1867." e.rpen es of the government of the District of Columbia for the fiscal year end ing June 30,1889, and for other purpo es," approved July1 ,1888, shall be not The amendment to the amendment was agreed to. to exceed 13.60. The amendment as amended was agreed to. 'The amendment was agreed to. The reading of the bill was resumed. The next amendment of the The next runendment was, on page 32, after line 13, to insert: Committee on A·ppropriations was, on page 29, under the head of "Navy Department," after line 7, ~ insert: Employment of special counsel: To enable the commissione1·s of the D istrict of Co ~ umbia to employ and pay special counsel to repre ent the Di trict of Co Contingent expenses, Navy D epartment: To pay to John Wanamaker for lumbia in the case of Samuel Strong, authorized to be submitted to an arbitra-• stationery furnished the Navy Departmen.t and offices for the fiscal year 1BS7, tion boa1·d of three persons to be appointed by the President of the UniWd -..-19.58. States under the joint resolution of Congress approved July 10, 1 8, $2,fi00, or The amendment was agree to. so much thereof as may be necessary; one half of aid snm to be paid from the - revenues of the District of Columbia and the other half from :my JUoneys in The next amendment was, on page 29, aft~r line 12, to in ert: the Treasury not .otherwise appropriated. To reimbUTEe the.approprjations "Ordnance and ordnance store , Bureau of Ot·dnance, 1&;6," $36, and •· Contingent, llurcau of Ordnance, 1886," ~3, for The amendment was agreed to." amounts erroneously paid t herefrom, $39. The next amendment was, on page 23, after line 13, to insert: The amendment was agreed to. Increase of water supply, Wasbing~on, D. C.: The time fixed fer completing the 'Va.shington aqueduct tunnel, namely, November 1, 1 , as provided in the The next amendment was, on page 2!>, after line 17, to insert: act entitled .. An act to pronde fo:r certain of the most urgent defu..ien.cies in the To reimburse the following app-ropriations for a.mounts erroneously p-aid appropriations for the service of the Go-.ernment for the fiscal year ending therefrom: June 30, 1888, and for othet· purposes," appToved March 30, 1888, is hereby ~x Construction and repair, Bureau Constt·uctiou and Repair,1886, $12.50. tended to June 30, 1889. and all work upon said aqueduct shall be finished by Contingent, Bureau Equipment and Recruiting, l 6, $9.50. said date, and the 'Va.shington aqueduct tunnel shall then be completed. Contingent, Bureau of Navigation, 1880, S3; in all, $25. The amendment was agreed to. The amendment was agreed to. The next amendment was, on page 24, under the head of "War De The next amendment was, on page 30, after line 2, to insert: partment," after line 21, toinsert: Contingent and miscellaneous expenses Hydrographic Office: To reimburse Telegraph to connect the Capitol with the Departments n.nd Government Pay Director '1'. H. Looker, United St.a.tes NavY, for amounts paid the Chesa Printing Office: To pay the Standard Undergrot=d Cable Company, of Pitt - peake and Potomac Telephone Company for exchange rental for the braneh burgh, Pa. , for underground electric cables laid in the city of 'Vashington, Hvdrogro.phic Office, 'Vashington, D. C., from the appropriation "Pay, nilscel District of Columbia, in October, 1883, connecting the Capitol, Executive .Man lancous, 1887,"lhe accounting officers claiming that these expenditures should sion, State, War, and Navy Department , and other Government offices, under have been paid from the appropriation for legislative, executive, and judicial terms of permit of War Department, dated October 3, 1883, nppro>ed October expenses for the fiscal year ending June 30, 1&!7, $23.33. 9, 1883, by H. G. Wright, Chief of Engineers, $15,138.84.. The amendment was agreed to. The amendment was a~reed to. The next runendment was, on page 30, after line 14, to inserb: The next am.endrr.ent was, on page 25, after line 8, to insert: NAVAL ESTABLISHME~--r. Manufacture of arms at national armories : To enable the Secret9:ry of War to pay Paul Butler royalty on 69,628 hook attachments or stacking swi~els, Pay-miscellaneous: To pay amounts found due by the accounting officers for at 8 cents each, as per judgment of the Court of Claims, dated June 4, 1888 actual expenses while traveling under orders, $787.12. (numbered 14889), these being the number manufactured by the Government To pay amounts found due by the accounting officers on account of advertis and attached to arms from A~rill2, 1886, to June 30, 1888, $;>,570.24. ing, being for the service of the fiscal year 1887, $14. For amonn.t paid by Pay Dii·ector A. W. Russell, United S~ates Navy, to The amendment was agreed to. Matthew Wilson, for painting portrait of ex-Secretary Chandler, on bills ap The next amendment was, on page 25, line 25, under the head-line proved by Hon. William C. Whitney, ~~creta.ry of the Navy, being for the serv of "Pay of the Army," before the word "thousand," to strike out ice of the fiscal year 1886, $331.50. · "five" and insert "six:;" so as to make the clause read: The amendment was agreed to. For mileage to officers., when authorized by law, to be disbursed under limit The next amendment was, on page 31, after line 3, to insert: ations prescribed for the appropriations for· mileage to officers by the A.rmy ap Contingent, Navy: For amount paid by Pay Director 'l'homas H. Looker, propriation act approved February 9, 1887, SG,OOO. United States Navy, to E. F. Andrews, for painting portraits of ex-Secretaries of the Navy Borie and Woodbury, on bills approved by Hon. William E. Chand The amendment was agreecl to. ler, Secretary of the Navy, February 28, 1885,-being for the service of the fiscal The PHESIDENT pro tempore. The Chair calls the attention of the year 1885, $500. Senator from 1\Iaine to line 8, on page 26, and inquires whether the The amendment was agreed to. word "for" should not be left out after the word "company?" · The next amendment was, under the head of "Marine Corps," on Mr. HALE. Yes, I suppose so. The word ''for'' should be stricken page 31, line 14, after the word "clothing," t.o strike out "eight hun out. 1 move that amendment. dred and forty-three dollars and ntty-four" and ·insert "two thousand The motion was agreed to. nine hundred and thirty-eight dollars and twenty-eight;" so as to make The reading of the bill was re"&umeo. The next amendment <>f the the clause read: Committee on Appropriations wa , in the appropriations. for '' Engi To pay amounts found due by the accounting officers 011 account of undrawn neer's Department," on page 27, after line 6, to insert: - clothing, $2,938.28. To reimburse and pay the Hartford and New York Transportation Company The amendment was agreed to. for labor and money expended in removing, in an emergency, obstructions a.nd dredging the Connecticut River in 1 , under the same -rules and inspections The next amendment was, on page 32, after line 10, to insert: as the work on said river had been conducted by the United States engineer of l'rovisions: To pay amounts found due by the accounting officers on account tieers in -charge, S2,606.80. of advertising, $79.83. The amendment was agreed to. The amendment -«ras agreed to. The next amendment was, in the appropriations for the "Quarter The next amendment was, on page 32, after line 13~ to insert: master's Department," on page 27, after line 21, to insert: Clothing: To pay amounts found due by the accounting officers 011 account That the proper accounting officers of the Treasury Department.a.Te hereby of advertising, $19.83. .authorized and directed to credit and allow to Lieut. CoL H.. N. Ba.Lchelder. dep The amendment was -agreed to. uty qnartermasrer-general, the voucher for $850 for horses purchased for the u e of the War Department on May 15, 1885, and the voucher for $500 for a, similar The next amendment was, on page .32, after line 1G, to insert: p11rchase made March 22, 1886, and to charge the same, respectively, to .tbe ap Fuel: To pay a.monn.t.s found due l>y the accounting officers on account "of propriations for contingencies of the Army fo.r the years 1885 and 1886. advertising, $79.82. The _amendment was agreed to. The amendment was agreed to. 1888. CONGRESSIONAL .RECORD-SENATE. 8879 The next amendment was, on page 32, after line 19, to insert: The next amendment was, on page 41, after the woro, '' reservations,'' Contingent: To pay amounts fouo.d due by the accounting officers on account at the end of line 14, to strike out "seven hundred .and thirty-two" of advertising, $79.81. and insert" nine hundred and seven;" so as t-o make the clause read: The amendment was agreed to. To pay amounts found due by the accounting officers on account ofpreserva,. The next amendment was, on page 32, after line 22, to insert: t.ion of abandoned military reservations, $907.69. Transportation and recrujting: To pay amounts found due by the accounting The a.mendment was ~greed to. .officers on account of advertising, $43.50. The next amendment wa-s, under the head of "Indian .Affairs," on The a-mendment was agreed to. page 41, a.fter line 22, to insert: - The next amendment was, under the head of "Bureau of Naviga Chickasaw Nation: For reimbursement of the geneml fund of the Cwckasaw tion," on page 33, after line 5, to insert: Nationformoneysimproperlydisbursedfromsaidfund,asascertainedbytheSec retazy ofthe Interior, as requ.ired by Article IV of the treaty with the Chickasaws, Naval War College, Bureau of Navigation: To pay the followingunpaid bills dated June 22, 1852 (less payment of $56,021.49- to assignee of W. M. Gwin), on account ofexpensesoftheNaval WarCollegeforthefi.sca.l yearl887, namely: $84,802.68. Warren 'Vard & Co., for fur"niture, ~; H. P. Williams & Co., for mattresses, For reimhursem.ent of the Chickasaw incompetent fund for moneys improp SIS; Phillfp F. Conroy, for plumbing, $6.54; Phillip F. Conroy, for plumbing, erly disbursed from said fund, as ascertained by the Secretary of the Interior, $9.41); W. K. •. - I 8880 CONG_RESSIONAL RECORD-SENATE. SEPTEMBER 24, amount recovered. That has been paid, and they want us to pay them prejudice against William M. Gwin that bas grown up in the country, for their attorney fees. The other House will never consent to that, whether wise or unwise. and quite likely will not consent to any part of the clause. I am Mr. DOLPH. These services, then, were rendered before 1850, be willing that all of the item shall be stricken op:t if this issue is to be fore be was a Senator of the United States? , raised on the attorney fee, which will kill it, rather than to lumber Mr. DA. WES. They were rendered while he was a private citizen. the bill with it-ems which I am entirely convinced that we shall never He was an attorney at that time. The matter was submitted to the get through. Secretary of the Interior, as all contracts with Indians bad to be, and it The PRESIDENT pro tempore. The question before the Senate is on was approved in advance. Then itwentintothe courtsand the United agreeing to the amendment proposed by the Committee on Appropria States courts decided uponthelegalityofit. It is thelegalfee,therefore, tions. Does the Senator from .Massachusetts propose to amend the of the attorney of the cestti.i que trust seeking to get the illegal appropri amendment? ation of trust-funds by the trustee restored. The Secretary of the In Mr. DAWES. Of course the Senator from Maine will do as be thinks terior, to whom we submitted the claim and bound ourselves to abide is his duty. I will say that this was a treaty made as long ago as 1852, by his award, awards that the United States should pay that. and the claim was submitted a long time a_go by the United States on Mr. HALE. Supposing the tribe would agree to pay their attorney the one side and the Chickasaw Nation on the other, in conformity the whole amount, would the Senator believe we ought to appropriate with that treaty, to thejudgmentofthe Secretary of the Interior, and twice for it? he made the a ward. We bound ourselves to consider it final. We have Mr. DAWES. When I agree to abide by the award of my own Sec not been able, it is true, to get the -award carried out just like the retary of the Interior I would not back out of it. award made on the Choctaw case, which ultimately the Supreme Court Mr. HA.LE. There was no agreement to abide by the award. The of the United States decided, holding that an award made forty years matter was referred to the Secretary of the Interior, a.s a great many ago was an absolute conclusive judgment against the United States. things are, and they afterwards come before Congress, which has to The Choctaws had been appealing to Congress for twenty-five years, and appropriate the money. at last a judgment of the Supreme Court had to be rendered upon that .Mr. DAWES. There was a binding covenant in the treaty of 1852 &ward. that the award of the Secretary of the Interior upon this item should It may be that the House of Representatives will not listen to this be final between the United States and the Chickasaw Nation. claim; but we ought not to assume that, and my friend ought not to Mr. DOLPH. What Secretary of the Interior made the award? say that if I talk as I do about this clause he will strike the whole of Mr. HALE. Secretary McClelland. it out.' Mr. DOLPH. What was the amount of the fee? Mr. HALE. I shall not strike it out, but the other House will. Ur. HALE. Fifty-six thousand and twenty-one dollars and forty l\fr. DAWES. I wish the Senator would let the appeal be made to nine c.ents. It was a share. the sense of right and justice and obligation of the House of Represent Mr. DA. WES. It was an agreement that Mr. Gwin should have a atives before he yields to it. I submit that it is not right to say !A> certain sum. these Indians, ''You shall not have a dollar of the award unless you 1\Ir. DOLPH. What share of the amount was it? bind yourselves to give up $52,000 of it." All I ask is that the case be Mr. HALE. I think at least 25 per cent., perhaps 30 per cent. recommitted to the Secretary of the Interior for further consideration. Mr. CA.LL. Mr. President, the Senator fl'Om Massachusetts [Mr. I do not move the amendment if the Senator insists that he will have D.A. w.ES] made allusion to the prejudice which had grown up in the the whole provision stricken out. country against William M. Gwin, and suggested that the opposition to Mr. HA.LE. No, I do not say that. this claim might pe1·baps have in some way been derived from that Mr. DA. WES. I can not resist that. prejudice. I thin~ it due to ex-Senator Gwin-he having died and Mr. HALE. I have not said I sbouid have it stricken out. I have gone to another world-to say that there was perhaps no man in the only pointed out to the Senator, who I know is seeking to do what he United States who possessed a higher quality of character than Mr. thinks is right, the additional danger that will come to the whole ap Gwin. He was a friend of my forefathers and an associate and par propriation if the clause is changed as he proposes. I do not agree ticular favorite of General Jackson. He was noted for all the elements with him about it, but if be thinks it is wise to amend it, I do not of the highest manhood and the most distinguished virtues. object. There was perhaps no man in the world who with a higher order of Mr. DA. WE.S. When this matter was under consideration, of all the courage united a greater tenderness and kindness tOwards all humanity. items that made up the award it struck me that the rules of equity He was a man of vigorous intellect, engaged in many adventures among upon which we bound ourselves to submit it to the Secretary _of the the Indians and in foreign lands. He crossed the Isthmus, I think, Interior were as clear as anything could be, that the expense of restor some twenty times in the early days of California history and adven ing illegal appropriations of a trust fund by a trustee should not be ture. He was always prominent in everything that attracted the paid out of the trust fund itself, but should be paid by the trustee. American mind; and in this matter, which was one of his early en MI. HALE. We propose simply to restore these misappropriations gagements, there is nothing whatever to cast any kind of reflection upon exactly ~ they were misappropriated. The tribe made a contract with him. an attorney, who took the case, I suppose, on shares; and in addition He made a contract, as it appears from the Senate and House reports to restoring the misappropriations they want us now to restore to them upon the subject, with these Indians to bold the Government of the what they paid the attorney under that trade. I do not take the same United States responsible for the abuse, not by him of their confidence, view that the Senator from Massachusetts does. I do not think that but for the misuse of their money by agents of the United States who is the most equitable part of it. I think the rest is equitable and that had been employed in the removal of these Indians and in the disburse is not; and I am not in favor of paying that particular item: as we ment of the money which the United States bad agreed to pay them. have ascertained heretofore that the conferees of the other House are According to the custom of those days, be made a contract witb them not in favor of paying it, but I will take the instruction of the Senate that be should be paid a certain proportion of this money, which wa.S and do the best I can with it. adjudicated by the Department and allowed to him. Mr. DAWES. I move to strike out the word!:l I have indicated and These Indians claimed that they were the wards of the Govemment to insert the words I send to the desk. _ of the United States, and that the contract originally made between The PRESIDENT pro tempore. The amendment proposed by the them and an agent, anofficerofthe United States Army, who was sent Senator from Massachusetts will be stated. to remove them and pay their expenses, was abused, and the trust The SECRETARY. In the committee's amendment, page 42, line 18, which had been reposed in the United States in their favor and for it is proposed to strike out the words: them was not executed by the United States and by its officers, but And the sums hereby appropriated shall be received in full satisfaction of all that a large amount of money claimed to have been expended for them claims against the United States under article 4 of said treaty. was fraudulently expended, and that for that money the United States And to insert: were properly accountable. They also claimed that for the fee for the Provided, That said payment to the assignee of W. M. Gwin be referred to the lawyer or agent who was to prosecute their claim the United States Secretary of the Interior for reconsideration. were justly responsible, because it was the fault of the United States. Mr. DOLPH. The Senator from Massachusetts will allow me to ask It was trust-money, and having been misused, astheGovernmentcon who. was the attorney who made the agreement? ceded it bad been, and as the court decided it had been, the Indians Mr. DAWES. William M. Gwin. claimed that the Government should pay the expense of the litigation. Mr. DOLPH. The former Senator from California? That is the ground upon which this claim rests, and I think at the / Mr. DAWES. Yes. proper time, while it may not be expedient now to force tl'ris matter Mr. DOLPH. When was the agreement supposed to be made? upon the committee, it is a very strong ground. It is that the Gov Mr. DA. WES. It was made forty years ago, when he was a practic ernment of the United States is responsible for the costs of the litiga ing attorney in Mississippi, long before he won those great honors on tion which its default, its negligence, bas imposed upon its ce.sttti que the Pacific coast. trust. lli. DOLPH. He was a Senator from California until he went into Mr. DAWES. I did not say anything in disparagement of l\Ir. Gwin. the rebellion. Mr. CALL. Not at all. I .do not impute that to the Senator. Mr. DA. WES. It was long before he went to the Pacific coast, l Mr. DAWES. · I could not understand why this particular item, am confident that a good deal of the opposition to this item springs from more than the others, should be objected to. Therefore it was that I I # ,. ·1888. CONGRESSIONAL RECORD-SENATE. 8881 threw out that suggestion in reply to the Senator from Oregon. At first by him for the United States for rent of the post-office at F airfield, Iowa, in a.c COI'dance with the terms of a lease of said premises held by th e United States, it was supposed that this was a fee earned by him while he was a and in pursuane.e of the instructions of the Post-Office Department, $625. United States official, but·the deCision of the court and the opinion of the Sdcretary of the Interior showed very clearly that there was no The amendment was agreed to. fault to be found with this contract. The only question is, when the The next amendment was, on page 46, after line 22, to insert: To pay Thomas F. Gerls, late postmaster at Pontiac, :}iich., amount paid by agent of a trustee fraudulently diverts a fund aJnd the cest·ui que trust him for rent of the post-office at Pontiac, Mich., in accordance w ith the terms of is obliged to employ counsel to. get it back, and you submit it as a a lease of said premises held by the United States, fisca.l y ear 1886, $400. question of equity to a tribunal, whether the trust in.nd shall not be The.amendment was agreed to. made good for that item. and the tribunal decides that yon ought to The next amendment was, under the head of "Department of Agri· - pay ft, whether yon shall do it. The question before us now is whether culture,'' on page 47, after line 7, to insert : · we OUl!:ht to pay it after that. To pay amo unt due Joseph Paul for paving with asphalt the roadways in the The PRESIDENT p1·o tempore. The ques tion is on the amendment .Agricultural grounds, by contract with the .Agricultural Department, for the proposed by the Senator from Massachusetts [.Mr. DAWES] to the fiscal year 1885, $711. amendment of the Committee on Appropriations. The amendment was agreed to. The amendment to the amendment was agreed to. The next·amendment was, on page 48, after lin~ 9, to insert: The amendment as amended was agreed to. Experiments in the manufacture of sugar from sorghum and sugar cane: To JENNIE HART 1\IULLANY. pay unsettled accounts against the Dep a rtment for experimentR for the fiscal years 1887 and 1888, $8,000, ·or so much thereof as may be necessary. Mr. DAVIS. I desire to call up Senate bill 2346. The amendment was agreed to. The PRESIDENT pro tempore laid before the Senate the amendment The next amendment was, 1mder the head of "Department of Jus of the House of Representatives to the bill (S. 2346) granting an in tice," on page 48, after line 16, to insert: crease of pension to Jennie Hart Mnll:my, which was, in line 7, after Cont-ingent expenses Department of Justice, horses and wagons: To rei.m the word •' dollars, '' to insert '' per month.'' · burse James M. Ewing, late disbursing cl~rk, Department of Justice, the amount Mr. DAVIS. I move that the Senate concur in the amendment. of voucher No. 18, thh·d quarter of 1884, for livery of horses for ApriL 1\I.ay, and ' The amendment was concurred in. June, 1&l3, im properly paid from the appropriation for "Contingent expenses Department of Justice: Miscellaneous items, 1883," and disallowed by the ac MARGARET M. MILLER. counting officers, the ::;aid amount having been repaid to the Treasury by James The PRESIDENT pro tempore laid before the Senate the amendment M. Ewing, $200. of the House of Representatives to the bill (S. 1500) granting a pension The amendment was agreed to. to Margaret M. Miller, which was, in line 5, to strike out tho words The next amendment was, on page 49, after line 2, to insert: ''during life.'' Repairs to court-bouse, WMhington, D. C.: To reimburse James M. Ewing, late disbursing clerk, Department of Justice, amount paid by him for repairs to 11Ir. DAVIS. I move to concur in that amendment. court-bouse, Washington, D. C., being for the service of the fiscal year 1883, SO. 72. The amendment was concurred in. The amendment was agreed to. MESSAGE FROM THE HOUSE. The next amendment was, on page 49, line 23, after the words ''dis· A message from the House of Representatives, by Mr. CLARK, its trict attorneys," to strike out "$25,000" and insert "$37,367.41 ;" so Clerk, announced that the House had passed a bill (H. R. 10873) as to make the clause read: making an appropriation 1or the Girls' Reform School of the District Fees of district attorneys: For payment of regular official fees provided by of Columbia; in which it requested the concurrence of the Senate. law for official services of l]nited States district attorneys, $37,367.4.1. The message also announced that the House bad passed the bill (S. The amendment was agreed to. 249) to prevent the manufacture or sale of adulterated food or drugs The next amendment was, on page 50, line 4, after the date '' 1887,'' in the District of Columbia. · to strike out "$41,928.08" and insert $42,526.28;" so as to make the The message further announced that the House had concurred in the clause read: report of the committee of conference on the disagreeing vot€s of the For payment of regu1ar official fees provided by law for official services of two Houses on the ameudments of the Senate to the bill {H. R. 1923) United States district attorneys, being a deficiency for the fiscal year 1887, $12,- providing for the establishment of a life-saving station at the harbor 526.28. of Kewaunee, Wis. · The amendment was agreed to. The ne t amendment was, on page 50, to strike out the clause from DEFICIENCY APPROPRIATION BILL. line 7 to line 11, inclusive, as follows: The Senate, as in Committee of the Whole, resumed the consideration To enable the Attorney-General to pay Joseph Campbeli, of Phrenix, Ariz., of the bill (H. R. 10896) making appropriations to supply deficiencies for assisting in prosecution of certain fifteen .Apache Indians charged with mur in the appropriations for the fiscal year ending June 30, 1888, and for der before the United States court at Phrenix, .Ariz., S1,500. ].lriOr years, and for other purposes. The amendment was a~reed to. The reading of the bill was resumed. The next amendment of the The next amendment was, on page 51, line 3, after the word "com Committee on Appropriations was, on page 42, after line 20, to insert: missioners," to strike out "$50, 000 '' an,d ·insert "$52, 498.72;" so as Western 1\Iiami Indians: For the payment of Thomas F. Richard ville for serv to make the clause read: ices and expenses as delegate rerresenting the Western Miami Indians at Fees of commissioners: For fees of United States commissioners and justices Washington, $1,000, to be paid out of the appropriation provided for said Indian's of the peace acting as such comm.issioners, $52,498.72. in the sundry civil appropriation act for the fiscal year 1889, and t{) be deducted from the amount oo be paid said Indians thereunder. The amendment was agreed to. Tlie amendment was agreed to. The next amendment was, on page 51, after the date "1887," at the The next amendment was, on page 43, after line 2, to insert: end of line 7, to strike out "$18,051.62" and insert "$19, 757.35; '! EO Kaskasia, Wea, Peoria, and Piankesbaw Indians: For the payment to John as to make the clause read: Wadsworth for services and expenses as delegate representing the Kaskaskia, For fees of United Stn.tes commissioners and justices of the peace acting as Wea, Peoria, and Piankeshaw Indians in Wasbington,SI,OOO, to be paid out of such commissioners, being a deficiency for the fiscal year 1887 ,..$19,757.35. the appropriation provided for said Indians in the sundry civil appropriation act for the fiscal year 1889, and to be deducted from the amount to be paid said The amendment was agreed to. Indians thereunder. · The next amendment was, on page 51, after line 21, to insert: The amendment was· agreed to. Pay of district attorneys and assistants: To provide for the payment of claims enumerated on pages 2 nnd 3 of Senate Executive Document No. 266, Fiftieth The next amendment was, on page 43, after line 10, to insert: Congress, firstsession, as follows, namely: For pa.ymentof United States district Eastern band of Cherokee IndianS of North Carolina: For payment toW. B. attorneys for unofficial se1·vices for fiscal year 1886, $350~ for fiscal year 1887, Ferguson and Frederick C. Fisher, of Waynesville, N. C., for services rendered U-,005; for fiscal year 1838, 83,675.80; in all, $8,030.80. as attorneys for the eastern band of Cherokee Indians of North Carolina, from October, 18~. oo November 1, 1837, $6~0 each, $1,200. The amendment was agreed to. The amendment was agreed to. The next amendment was, on page 52, after line 7, to insert: The next amendment was, on page 43, after line 17, to insert: For payment of special assistant district attorneys, fiscal year 1886, 83,484.07; for fiscal year 1887, $:1,027.75; for fiscal year 1888, $!75; in all, $8,986.82. Support of Blackfeet, Bloods, and Piegans: For amount due to George T. New man for beef catfJ.e furnished the Blackfeet Indians, at the request of the agent The amendment was agreed to. - for said Indians, on account of their starving condition, being a deficiency for The next amendment was, on page 52, to strike -out the clause from the fiscal year 1&!5 and prior years, $935.37. line 20 to line 24, inclusive, as follows: The amendment was agreed to. For expenses of Territorial courts. in Utah, being a deficiency for the fiscal The next amendment was, under the head of the "Post-Office De year 1887, on account of supplying and caring for the penitentiary, $8,734.26. partment," on page 45, to strike out lines 18 to 22 in the following And insert in lieu thereof: wocls: · For expenses of Territorial courts in Utah, including $8,734.26 for supplying To enable the Postmaster-General to pay the Assistant .Attorney-General of and caring for the penitentiary, being a deficiency for the fiscal year 1887, $10,- tl1e Post-Office Department for services rendered in the preparation of a new 016.81. edition of the postal laws and regulations under the act of March 30, 1&36, $1,000. · The amendment was agreed to. The amendment was agreed to. . _ The next amendment was, on page 53, after line 23, to insert: The next amendment was, on page 46, after line 16, to insert: Industrial Christian Home Association of Utah Terrioory: To further aid the To pay Thomas L. Hoffman, late post~ter at Fairfield, Iowa., amount paid Industrial Christian Home Association of Utah Territory, under its articles of XIX-556 -- '- 8882 CONGRESSIONAL RECORD-SENATE. SEPTEMBER 24, incorporation, in the establishment and maintenance of an industrial and edu The next amendment was, on page 58, after line 21, to insert: cational institution in Salt Lake City for the benefit of the dependent women and children of Utah and Ida.hoTerritories who desire to sever their allegiance To pay George N. Stranahan for services as conductor of the new Senate ele to the Mormon Church, $75,000; and for contingent expenses of the association, vatm· from A.pril1 to June 30, 1888, $300. $5,000; iJl all, $80,000. · The amendment was agreed to. The money hereby appropriated shall be disbm-sed by the treasurer of said association, who shall give such bonds for t.he faithfu:i performance of his duties The next amendment wu.s, after line 24, on page 58, to insert: as may be deemed requisite by the Secretary of the Interior. All accounts of To pay Frank E. Waterman for nine day's services, from December 5 to De- expenditures under this appropriation shall be audited by the Utah Commission, cember 13, 1887, inclusive, as clerk to Senator 0. J. FAULKNER, $54. which shall hereafter act as the board of cont-rol for said institution, and shall make an annual report to Congress covering the work of said institution and The amendment was agreed to. its expenditures. · The next amendment was, on page 59, after line.3, to insert: The amendment was agreed to. To pay Jules Guthridge for seven days' services, from December 5th to Deeem- The next amendment was, on page 55, after line 19, to strike out the ber 11th, 1887, inclusive, as clerk to Senator GEORGE HEARST, $42. following cla.use: The amendment was agreed to. Refund to David Day: To refund ·to David Day so much of the fine of 8225 The next amendment was, on page 59, after line 7, to insert: imposed upon him by the United States court for the southern district of Mis To pay George H. lloyd, assistant in Senate docuinent-room. for services ren sissippi at its November term, 1886, from which he was relieved by a pardon dered July ll and 12, 1888, $6.52. granted by the President, 1\Iarch 16, 1887, Sl25. · The amendment was agreed to. The amendment was agreed to. The next amendment was, under the head of "Public Printing," on The next amendment was, on page 59, after li9-e 10, to insert: That hereafter the statement of all appropriations made during each session page 56, at the end of the clause appropriating $6,300 "for payment of Congress, including new offices created and the sn.la.ries of each and salaries to the printers regularly employed on the CoNGRESSIONAL RECORD of the offices which are increased and the amounts of such increase authorized not exceeding $90 each for time unemployed during the present ses by the act of July 4,1836, shall be preiJ!lXed under the direction of the Commit tees on Appropriations of the Senat-e and House of Representatives, and said sion, to be paid to such printers in proportion to the whole time actually statement shall hereafter show also the offices the Sll.laries ofwhich are reduced employed in connection with the RECORD during the session," to in · or omitted and the amount of such reduction and shall also contain a chronolog- sert: ical history of the regular appropriation bills1 passed during the session for whieh it is prepared; anp. to complet~ this work for the present session the sum Provided, That for the purposes of allowing the benefits herein contained to of ~ 1,200 is hereby appropriated, to be paid to the persons designated by the be extended to compositors of the REcoRD appointed by the foreman, distin chairmen of said committees to do said work.. guished from the regular appointees by a s~r (*)affixed to their names on the roll, they shall be considered as printers regularly employed on the RECORD. The amendment was agreed to. The amendment was agreed to. The next amendment was, under the head of "House of Represent The next amendment was, on page 56, after line 15, to insert: atives," on page 61, after line 21, to strike out the foliowing elause: To pay 15 per cent. in addition to the amollDt paid for day labor to the em To reimburse the five Official Reporters of the proceedings and debates of the ployes of the Government Printing Office,such as compositors,pressmen,stereo House of Representatives for moneys paid by tbem so far during the present typers, laborers, press-feeders, REcoRD folders, counters, engineers, machinists, session for clerical hire and extra clerical services, $1,000 each, $5,000; 1,000 of firemen; and proof-readers, revisers, copy-holders, make-up, and imposer of the which shall be paid to the widow of the late J. K. Edwards, he having been one bill force,- who were and are exclusively employed on the night forces of the of the said five Official Reporters as herein provided for. Government Printing Office, bnt ex~lusive of compositors on the RECORD, dur The amendment was agreed to. ing the first session of the Fiftieth Congress, $l0,000, or as much thereof as may be necessary: Provided, That in estimating the said 15 per cent. credit shall be The next amendment was, on page 65, after line G, to insert: given to the Government for whatever has been paid or is now being paid the To pay Alexander Vangeuder as extra compensation for services rendered as said employes above the rates for day work. assistant clerk to the Committee on Invalid Pensions during the second session The amendment was agreed to. of the Forty-ninlh and the first session of the Fiftieth Congresses, $)00. The next amendment was, on page 57, after line 4, to insert: The amendment was agreed to. To enable the Public Printer to comply with the law granting fifteen days' an The next amendment was, on page 65, after line 20, to insert: nual leave to the employes of the Government Printing Office, $18,000. Library of Congress: To enable the accounting officers of the Treasury De-. The amendment was agreed to. partment to settle the account of the disbursing agent of the Library of Con. gress for balances of foreign postage due Edward G. Allen, of London, for fiscal The next amendment was, on page 57, after line 7, to insert: years 1884, 1885., :md 1887, $19.30, to be paid out of fund for increase of Library, SENA.TE. 1886. For compensat-ion of officers, clerks, messengers, and others in the service of The amendment was agreed to. the Senate, for the fiscal year 1889, $!6,92L2Q. The next amendment was, under the head of "Judgments Court of The amendment was agreed to. Claims," on page 74, line 15, to strike out tho name of "Bower" and The next amendment was, on page 57, a~ter line 12, to insert: insert "Bowyer;" so as to read: For materials for folding for the fisca.l year 1889, $14,000. John M. Bowyer, $960.55. The amendment was agreed to. Th amendment was agreed to. • The next amendment was, on page 57, after line 14, to insert: The next amendment was, on page 76, after line 8, to insert: For folding speeches and PamPhlets, at a rate not exceeding $1 per thousan·d, Francis E. Greene, ~5-15.20 . for the fiscal year 1887, $638.50. The amendment was agreed to. The amendment was agreed to. The next amendment was, on page 76, to strike out lines 12 and 13, The next amendment was, on page 57, after line 18, to insert: as follows: For folding speeches and pamphlets, at a rate not exceeding $1 per thousand, 1\Iartin E. Hall, $TI6. 71. for the fiscal year 1888, $4,500.67. The amendment was agreed to. The amendment was agreed to. Tlie next amendment was, on page 80, after line 16, to insert: The next amendment was, on page 57, after line 22, to insert: Sarah M.Burge, administrator of Young Burge, deceased, $:>76.99. · For folding speeches and pamphlets, at a rate not exceeding $1 per thousand, The amendment was agreed to. for the fiscal year 1889, $12,000. Mr. GEORGE. Is it in order to offer an amendment to the bill at The amendment was agreed to. that point? The next amendment was, at the top of page 58, to insert: The PRESIDENT Jfi'O tempore. It is customary to proceed first with For fuel, oil, cotton-waste, and advertising for the heating apparatus, exclu- tb.e amendments of the Committee on Appropriations, and then the sive of labor, for the fiscal year 18S8, Sl:f79.59. . bill will be open to amendments oftered by Senat-ors. Mr. HALE. In line 2 of that amendment, after the word '' appa- The reading of the bill was resumed. ratus," I move to strike out'' exclusive of labor." The next amendment of the Committee on Appropriations was, 'on The amendment to the amendment was agreed to. page 81_, line 5, after the words "three hundred/' to strike out "forty The amendment as amended was agreed to. · five thousand seven hundred and twelve dollars and iifty-ejght," and The reading of the bill was resumed. The next amendment of the insert ''forty-six thousand five hundred and eighteen dollars and six; '' Committee on Appr-opriations was, on page 58, after line 4, to insert: so as to make the clause read: For furniture and repairs of furniture for the fiscal year 1888, 83,953.60. To pay difference of interest between 5 per cent. 1\S provided by section 1090, The antendment was agreed to. Revised Statutes, and G per. cent. unrler the act of March 3,1885 (18 Statutes, page 481), on partofajudgmentofthe Court of Claims in favor of .Albert Grant, The next amemlment was, on page 58, after line 7, to iusert: withheld onder the act of March 3, 1885, but afterwards paid; the United States For expenses of maintainingaud equipping horses and mail-wagons for carry- not having prevailed in the suits wherein demands were made against s::~.id Al ing the mails for the fiscal year 1888,$1,804.80. bert Grant, !WL38 cents; in all, $34.6,518.06: Provided, That none of the judg ments herein provided for shall be paid until the right of appeal shall have ex The amendment was agreed to. pired. The next amendment was, on page 58, after line 11, to insert: The amendment was agreed to. For miscellaneous items, exclusive of labor, for the fiscal year 1888, $-!50.87. The next amendment was, in section 3, under the head of '' War De-. The amendment was agreed to. partment-claims allowed by the Third Auditor and Second co·mp The next amendment was, on page 58, after line 14, to insert: troller," on page 93, to strike out the clause from line 3 to line 7, in For expenses of inquiries and investigations ordered by the Senate, includ clusive, as follows: ing compensation to stenographers to committees, at such rate as may be fi:x:ed For reimbursing Kentucky for expenses incurred in suppressing the rebell by the Committee to Audit a.nd Control the Contingent Expenses of the Senate, ion, being the amount certified to be due bythe_SecretaryoftheTreasm·y under but not exceeding $1.25 per printed page, for the fiscal year 1889, $10,000. letle.r of August 16,1888, $38,861.18. The amendment was agreed to. The amendment was agreed to. 1888. CONGRESSIONAL RECORD-SENATE. 8883 The next amendment was to insert as a new section the following: For provisions, Navy, Bureau of Provisions and Clothing, 1886 and prior years, $11,801.31. SEc. 5. That for the payment of a. portion of the claims certified to be d ne by For provisions, Navy, Bureau of Provisions and Clothing, 1886 and prior years, the several accounting officers of the Treasury Department under appropria for the payment of the claim set forth in Senate Executive Document, No. 269, tions the balances of which have been exhausted or carried to the surplus fund Fiftieth Congress, first session, $288. undertheprovisions of section 5 of the act of June 20, 1874, and under appro For indemnity for lost clothing, prior to July 1, 1886, Sl20. priations heretofore treated as permanent, being for the service of the fiscal year For enlistment bounties to seamen, prior to July 1, 1886, $981.45. 1886 and prior years, and which have been certified to Congress under section 2 For the payment of claims for difference between actual expenses and mile of tbe act of July 7,1884, as fully set forth in Senate Executive Documents Nos. 255 age allowed under the decision of the United States Supreme Court in the case and 269, Fiftieth Congress, first session, t.here is appropriated, as follows: of Sraham. vs. United States, $1,222.89. · · CLAIMS ALLOWED-BY FIRST COMPTROLLER. The amendment was agreed to. State Department: · . The next amendment was to insert as· a new section the following: Foreign intercourse: For contingent expenses, foreign missions, 1885 and prior years, $283.23. S.Ec. 6. That for the payment of the claims certified to be due by the Auditor For saiaries, consulll.l' service, 1886 and prior years, 314.10. of the Treasury for the Post-Office Department under the act approved March For contingent expenses, United Htates consulates, 1886and prior years, S71.83. 3, 1883, or under appropriations the balance of which have been exhausted or For expenses of prisons for American convicts, 1886 and prior years, $184.62. carried t-o the surplus fund under the provisions of section 5 of the act of .June For pay of consular officers for services to American vessels and seamen prior 20, 1874, being for the service of the fiscal year 1886 and prior years, and which to .July 1, 1886, $14. have been certified to Congress under section 2 of the act of .July 7,1884, as tully set forth in Senate Executive Document No. 252, FiftiethCongress,firstsesslon, Treasury Department: . there is appropriated as follows: For salaries, office of the Secretary of the Treasury, 1886 and prior years, For compensation of postmasters readjusted under act of 1\farch 3, 1883, pay e&!.l7. able from deficiency in postal revenue, 1886 and prior years, $70,038. . 42. For drawback-on stills exported (act March 1, 1879), $180. Interior Department: "For deficiency in postal revenue, 1886 and prior years, $1,831.20. For Geological Survey, 1886 and prior years, $20.04. Mr. HALE., In.line 10 of the proposed section 6, "252" ought to For salaries and commissions of registers and receivers, 1886 and prior years, be "253;" so as to read: $211.82. For contingent expenses of land offices, 1886 and prior years, $17.33. .As fully set forth in Senate Executive Document No. 253, Fiftieth Congress, Fer expenses of depositing public moneys,1886 and prior years, $281.93. first session. For protecting public lands, 1886 and prior years, $22.20. For expenses of hearings in land entries, 1886 and prior years, $27.4L I move to so amend it. For surveying the public lands, 1886 and prior years, $4,54.8.28. to For5, 3, and 2 per cent·. fund to States, prior to July 1, 1886, $29,676.24. The amendment the amendment was agreed to. Department of Justice: The amendment as amended was agreed to. For fees and expenses of marshals, United States courts, 1836 and prior years, The reading of the bill was concluded. E'369.57. ' Mr. HALE. On page 13, after line 9, I move to insert: For fees of clerks, United States courts, 1886 and prior yea.rs, 5604.50. For fees of commissioners, United States courts, 1886 and prior yea;rs, $90.20. ELECTORAL MESSENGERS. For fees of witnesses, United States courts, 1886 and prior years, $4,119.53. For the payment of the messengers of the respective States for conveying t-o Fro· support of p~·isoners, United States courts, 1886 and prior years, $251.23. For miscellaneous expenses, UnitedStatescourts, 1886and prioryears,$121.81. the seat of Government the votes of the electors of said States and for President For expenses of Territorial courts in Utah, 1886 and prior years, $9,085.84. and Vice-President of the United States at the rate of 25 cents for every mile of the estimated distance by the most usual road traveled from the place of meet CLAIMS ALLOWED BY THE FIRST AUDITOR AND COllniiSSIONER OF CUST~HS. ing of the electors to the seat of Gove.rnment of the United States, computed for For expenses of collecting the revenue from customs, 1886 and prior years, one distance only, for the service offisca1 year, ~,000; orsomnch thereof as may $13,237.07. be necessary. For 1\Iarine-Hospitn.l Service, prior to July I, 1836, except claims numbered The amendment was agreed to. 32107 and 22109, $525. For expenses of revenue-cutter service, 1886 and prior years, except claims Mr. HALE. On page 27 I move to strike out the clause from line numbered 22106 and 22108,$18. 15 to line 21, inclusive. For furniture and repairs of same for public buildings, 1885 and prior years, The PRESIDENT pro tempore. The words proposed to be stricken $2:H. For debentures and other charges, prior to July 1, 1886, 5 cents. out will bb read. For repairs and incidental expenses of light-houses, 1886 and prior years. The SECREI'ARY. It is proposed to strike out the clause on page 828.50. . 27 from line 15 to line 27, inclusive, as follows: For supplies of light-houses, 1836 and prior years, $28.50. For Light-House Establishment, 1861, ilJ38.78. For payment on account of Army transportation, 1882 and prior years, as cer tified to Congress as due, by the accounting officers of the Treasury, in Honse 'WAR DEPARTME.t."' The PRESIDENT pro tempore. To avoid mistake, will the Senator Before this letter reached here (August 31) the death of Mr. Dancy was announced by telegram. Mr. Dancy was chief deputy to Collector Walker, at a salary of from New York send the proposed amendment to the desk? 31,400 per annum, and an a.llowance of Sl25 for his traveling expenses. He was Mr. HrSCOCK There is a second amendment which will followit, a. faithful, zealous officer, and of high standing in the service, and the circum which will be necessary to correct the sum total. stances under which be performed his duties at the last dwing the epidemic of yellow fever rendered them singularly meritorious. The PRESIDENT pro temp ore. That can be done by the clerks. The Respectfully yours, amendment will be stated. JOS. S. 1\fiLLER, The SECRETARY. On page 80, after the word "cents," in line19 Commissioner. Ron. WILKIN~ON CALL, it is proposed to insert: ' United Stales Senator. The New York Central and Hudson River Railroad Company, 8144,092.92. The PRESIDENT pro tempore. Is there objection to the reception UNITED STATES INTERNAL REvENUE COLLEOI'OR'S 0Fil'ICE, of this amendment? · · District of Florida, Au~JiUt 28, 1888. Mr. HALE. I wish to ask the Senator from New York whether this Sm: Owing to the prevalence of yellow fever here, our deputy, H. W. Wight man, left for the North, being afraid of the disease; this leaves in this office only is one of those matters regularly estimated for by the Secretary of the our chief deputy, L. E. Da.ucy,and myself. In the present outlook itis improb Treasury. able that it would be prudent for Mr. Wightman to return before the 15th of No Mr. HISC6CK. It is. I have in my hand the following communi vember; in viPW of these conditions Chief Deputy Dancy will be obliged to do Mr. Wightman's work as well as hi& own, and thus be on double duty as it cation from the Secretary of the Treasury: would be exceedingly difficult to supply Mr. Wightman's place even t~mpo TREASUltY DEPARTMENT, September 3,1888. ra.rily. Mr. Dancy is a. healthy, robust y • ·8886 CONGRESSIONAL RECORD-SENATE. SEPTEMBER ·24, # draught of water and capable of pursuing these people into the ba.ys the Senator from Maine, and if the chairman were here he would not and recesses of the coast. raise the objection, because it was by his direction that I sent it to the Mr. HALE. If I believed that the building or buying of.this vessel Department, he stating that my transmiSsion of it would answer the was essential in the present condition of Florida, I might consent to same purpose as if it were sent by hims_elf. · waive the point oi order; but I do not believe it is, and I am constrained Mr. HALE. If the Senator from Florida has followed the direction to make the point of order that not only it is not a deficiency, but it is of the chairman of the committee in this regard, I will not make the not regularly estimated for. point of order. . ' ]')fr. CALL. . I do not understand the Senator from Maine. Does he The PRESIDENT pro tempore. The point of order is withdrawn. raise the point of order? The question recurs on agreeing to the amendment proposed by the ~Ir. HALE. Yes, I raise the point of order. . Senator from Florida. · _ Mr. CALL. I ask upon what point does the Senator.hold that the The amendment was agreed to. amendment is not in order? Mr. PLUMB. I offer, by request of a Senator who is absent, the Mr. HALE. First, it is not a deficiency. Secondly, I do not under following amendment: · · stand that it is regularly estimated for. For payment on account of Army transportation, 1882 and prior years, as cer Mr. CALL. Oh, yes; in the Book of Estimates. It is estimated tified to Congress as due by the accounting officers of the Treasury in House Executive Document No. 19, Fiftieth Congress, first session, as follows: for here in this recommendation of the Secretary of the Treasury. The To the Baltimore and Ohio Railroad Company, $32,788.48; to the Hoboken rule, I believe,does not require anything about its being on a deficiency Land Improvement Company, of New Jersey, 515,800; in all, 848,588.48. · bill or any other bill but a general appropriation bill. It is estimated For payment on account of barracks and quarters, 1881 and prior years, to L. A. Von Hoffman and William A. 1\Iertens (trading as R. Von Ho:ffma.n & Co.) for by the Department 1!! the Book of Estimates, referred to in this and William H. Newman, $18,430.55, certified to Congress as due by the account communication, and it :is again estimated for and recommended here. ing officers of the Treasury in House Executive Document No. 19, Fiftieth Con Mr. HALE. Will the Senator point out where it is found in the gress, first session. Book of Estimates? Mr. HALE. , Are these items regularly estimated for? Mr. . CALL. The letter of the Secretary of the Treasury states that Mr. PLUMB. These i terns are regularly estimated for, and are con he has estimated for it and presented it to the House of Representa· tained in one of the documents from which the committee of the House tives and to the Senate as late as July last. have takE}n certain things, leaving out these among others. I do not Mr. HALE. There may be some recommendation, but I do not care anytiling about these items, but I have presented the amendment understand that there is an estimate. at tlle request of a Senator who was obliged to go away, for the pur Mr. CALL. And here is his letter, in specific terms recommending pose of bringing up this question. There are certain deficiencies which again this particular amendment a_nd the appropriation for it. are perhaps unavoidable. While I think myself that exe-rntive officers The PRESIDENT pro tempo1·e. Does the Senator from Maine insist do not exercise as much care as they ought topreventde.ficiencies, and on his point of order? do not fairly discharge themselves of the obligations of the statute, at Mr. HALE. I do. the same time, when one of them within the apparent purview of his The PRESIDENT pro tempore. The letter which the Senator from authority does incur an obligation to an individual for supplies or for Florida sends to the desk contains merely the opinion of the Treasury services and that comes here under the sanction of the Secretary of Department upon the merits of the appropriation which had been sub the Treasury in the regular estimates, I - think it is an outrage, to mitted by the Senator from Florida. It is not, in the technical sense speak very slightly about it, that it :is not ·appropriated for. What of the term, an estimate. The Chair thinks that under the rules the happens is this: The Secretary sends down his estimates; the House amendment, if objected to, is not admissible. committee goes to work and picks out various items from these ~sti M:r. CALL. I submit to the Chair whether the statement in the mates. Whether that is a selection by judgment, or whether it is by Secretary's letter referring to his previous estimate of $55,000 does not caprice, ·or whether it is by favoritism, I will not say; but I do say that bring the amendment within the rule. · when that estimate comes down, prima facie at least, every single The PRESIDENT pro tempore. He refers in his lett.er to a previous item in it is entitled to the same respect and to the same treatment letter written to the Speaker of the House of Representatives, dwell that every other item is entitled to; but what happens? These are ing upon the importance and advisability of the appropriation; but the not appropriated for, they are dropped, hung up; they get into the Chair understands an "estimate" to have a technical meaning. It class of what are called claims. The next thing we know they pass must be an amount specifically set forth in .the annua-l book sent down into the hands of attorneys; special bills are introduced for their pay from the Department to the two Houses of Congress for the guidance ment, and so on, and we have· all that claim business before another of the committees of the two Houses: committee, whereby the innocent persons who dealt with the Govern Mr. CALL. I very respectfully ask the Chair if the rule uses the ment on the theory that the Secretary of the •Navy, or the Secretary term ''the Book of Estimates,'' or whether it says ''recommended by of War, or the commissioners of the District of Columbia, or whoever the head ·of a Department.'' My recollection is that the language of else had charge of the particular class of expenditures, had authority the rule is "recommended by the head of a Department." to do what he did, and the Government got the benefit of the service, The PRESIDENT pro tempo1·e. '' Or proposed in pursuance of an and the man is obliged to wait for indefinite years, and pay probably estimate of the head of some one of the Departments,'' is the language 50 or 75 per cent. of the claim to an attorney to dog the heels of Con of Rule XVI. It has always been held that that had a technical sig gress in order to get it through. nification and meant tbn.t it must be forwarded, as the estimates are What I say is that we ought to take these claims as they come and sent annually by the heads of the Departments, to the colllD!ittees of pay them to the innocent people who are entitled to our considera Congress stating the items for which appropriations are desired. tion, who have given apparently value to the Government, or else we Mr. CALL. I understand the Chair, then, to rule that nothing but ought to reject the whole of them. I say we ought not to reject them . an annual estimate by the head of a Department would be in order. for this reason: While I believe, as I said, that there is a good deal of The PRESIDENT pro tempore. Not that. looseness in the Executive Departments about incurring expenditures, · Mr. CALL. I ask the Senator from Maine to withdraw the point of it ought not to be charged to the people who deal with the Depart order. The amendment clearly comes within the spirit of the rule ac ments. cording to the ruling of the Chair. The objection is merely in the let The Secretary of theNavy goes to a man and says, ''I want a thou ter, and I do not think it is even in the letter of the rule. sand tons of ice." That man can not say to the Secretary, "I want The PRESIDENT pro tempore. If the Senator desires, the Chair to see your authority under the statute. Show me your authority to will submit the question to the Senate for its decision. buy ice. Let me see your bank account and see.if you have not ex Mr. CALL. I have no doubt the Senate would decide it in favor of pended all the money appropriated for this purpose." He is bound the Chair; but I appeal to the Senator from l'IIaine, in a case so mani to presume that the Secretary is justly exercising authority conferred festly within the spirit of the rule audofsuch urgent necessity, where on him by law, and that the money is at hand to pay, orthe authority a contagious disease has been, and is being, and may be introduced for the payment ; and it is a great wrong to punish the c~imant for everyday, threatening the whole country and creating panic and alarm, what, at the best, is an improvident act of the executive officer of the when the Secretary of the Treasury states that specific fact and recom- Goveri11'I\.8nt who has charg~ of the par~cular business which may' re - mends this appropriation. Upon the ruling of the Chair that the sult in the expenditure. item mustoe in the Book of Estimates, I call the attention of the I should be glad to move and shall move, unless for something that Chair to the fact that the estimates come only once a year, for it is not I do not now understand, the insertion in this bill of every single one practicable to estimate but once a year in that way-- . of these items that have been· estimated for by the Secretary of the The PRESIDENT pro tempore. The Chair did not hold that the Treasury. item must be contained in the Book of Estimates. The estimate might Mr. CHANDLER. I desire to ask the Senator from Kansas who has be sent dowa by the head of the Department at any time. But the just spoken. whether his attention has been called as a member of amendment is not within the rule. Tt appears from the letter that the the Committee on Appropriations to an estimate of deficiencies for the Senator from Florida sent a copy of the amendment to the Secretary of service ofthe District of Columbia, which is Executive Document. No. the Treasnry, and it is his response to a request of the Senator from 252 of the present session? I ask whether he has seen that? Florida for his opinion as to the merits of the amendment. - Mr. PLUl\!B. I have seen it. Mr. CALL. I sent it as a member of the Committee on Appropria Mr. CHANDLER. Amounting to $3,010. 75, mainly for bills of tions at the suggestion of the chairman of the committee, I will say to tradesmen around this city, no one of them large, but many in num- • 1888. CONGRESSIONAL RECORD-- SENATE. 8887 ber and-they are regularly estimated for as deficiencies; and yet the and there is no la.ck of investigation in regard to the great bulk of oo~mittee have not felt at liberty or have "not deemed it wise to insert those that have been inserted as items in the bill. them. I should like to ask the Senator who has just spoken whether Mr. REAGAN. If the committee bas not examined them, I think he thinks there was a single one of these tradesmen who was bound tO the suggestion of the Senator is one that ought to be adopted. If there find out when the orders were given him whether or not there was an has not been an investigation of like it~ms e had better strike them appropriation adequam to the performance of the contracts th!it were all out and let some committee investigate them. mn.de with him by the District commissioners? Mr. HARRIS. Let me ask the Senator from Kansas if it is not tru.e ~1r. PLUMB. I do not. On the contrary, I think every one of them that in respect to every item of these deficiencies they have been reC was entitled to presume that the C01llllissione.rs, in ordering these sup ommended by the head of the Department in which the deficieney oc- plies, were acting within the limit of their authority, were authorized curs? _ - - to boy, and had the money to pay. In r(\,aard to many of them I can 1\ir. PLUUB. They have. see how these little odds and ends of deficiencies will occur where we Mr. HARRIS. And in addition to tb.at they nave gone to the Sec make, as we do very often, scant appropriatio~. Where purchases are retary of the Treasury and been recomm.e:D.-ded by that official ? going ()n through different agencies, we can not always be sure that Mr. PLUMB. They have. what is outstanding and necessary apparently will come within the Mr. HARRIS. Then they have passed these two ordeals of in"Vesti appropriations, and with the best of motives the commissioners may gation, and I beg to suggest to my friend fi·om Texas that it .seems to _ sometimes miss it. But gettingawayfrom all that andadmittingthat me a gross injustice and wrong to the citiz-en, wh-o hastrustro u_pon the the commissioners are culpable, that cnlJ>ability does not rest on the supposed authority of the Department with which he de lt, has ren persons who have furnished the supplies, and they ought to be paid. dered service, or has furnished material presuming that the Depart We have got plenty of money, or we assume that we have, in the ment had the authority, to refuse or delay payment. I do not think Treasury ()f the United States to pay our debts, and it is not proper to our remedy is to withhold from him money that is due him and that require men who have furnished supJ>lies to the Government to wait he ought to have. Let us deal with the Departments if they have been in this way. I speak of claims of this obviously proper kind. I am derelict, but- not through the channel of withholding from the citizen not speaking of that kind which properly go into the class of claims the money that he has earned and the money that he is entitled 00. unadjusted, .service claims, and things of that kind, or where they 11Ir. REAGAN. I venture to say that there has not been one defi .i have arisen under some emergency or have not been entirely within ciency in ten created where the parties to whom the money is payable the limit o( what as covered by the law; but I am speaking of this did not know at the start that the deficiency was created. class for w:qich we make app-ropriations and where the appropriations But that is not the main point I propuse to make. There ought to do not hold out and yet offioei'S who spend the approJ>riations go on be provision~ if existing law will not answer the purpose, that officers and incur these expenditures. I say in those cases the man who fur- creating deficiencies unnecessarily should be .subject to indictment or nishes the supplies should not be held responsible. - should be made individually responsible in thefirstinstancetopay the I observe that here is an estimate for ''supplemental deficiencies.'' demands against the Government. When we look at our deficiency I think the Treasury Department has been rather careless about these bills and then look over the legislation of Co11ouress intended to pre things. It has been sending them here from the time the regular es· vent them, it seems as if there was anutterdisl'eooaro of the legisi.ation timates came to the present, and it seems to have grown out of a mis of Congress on this subject, and it bas been so for years. understanding as to what was needed, a _lack of appreciation of the Of conrse I do not wish to see persons who have in good taith fur- situation, somewhat perhaps from incompetency, but whatever it is -ni.shed supplies depriTeQ. of pay for them, but I do not wish to .see thEr that does not touch, the merits of the ease. I find in the estimates Senate take a. course to indicate that it will accept without question coml.ng down here o.n the 21st of .June from the Treasury Department all deficiencies created. !want it to takethat coursewhich will show that a number of them have been omitted, some put in by the Honse that it means to question the propriety of these deficiencies and hold and some left out. somebody responsible for making them. _., I do not k-now whether the Honse exercised any kind of discretion or Mr. PLUM'B. I will just call attention to some of these items to not, or whether it was mere favoritism; but what I do say is that ap show how innocent the parties themselves must be. - For instance, ori parently every single one of them stands upon the same footing, every the first pa~e of these items I find: one of them apparently represents something for which the Government Salaries, consular officers not citizens: To pay amounts found due by the ac has had value at the expense of _private individuals; and for the Gov counting officers on account of salaries of consular offieers not citizens, being a ernment to keep the property, and keep the value of the service, and deficiency for the fiscal year 1887, ~,713.56. then not pay for it, when it is of a kind that expenditures were author These consUlar officers are authorized by the Secretary of State to ize(} for and the Secretary has only exceeded the limit somewhat, seems to incur certain expenses, whi.ch they do incur, and they exceed the me to assume the proportions of a very serious wrong, and one which amount appropriated for that purpose in gross. How can they tell Congress ought not to be guilty of. anything about it? They do not know anything about the state of I shall move seriati9n or in bulk everything which has been omitted the appropriation. They are under the orders of their chief, the Sec from this bill and that is in tliis Book of Estimates before me, in order retary of State; they are in the performance of duties imposed by law, to test the 'Sense of the Senate upon this performance. and they incur expenses at various points around the verge ()f the .Mr. REAGAN. I wish to inquire how many of these items there habitable globe. Their accounts come here, and very likely many of are? them do not get in, or do not get adjusted in the Treasury Department • :hir. PLUMB. I should think about thirty or f{)rty, judging from until after the appropriations have lapsed. As to many of them, they wh.at I see hastily. are in exce...<;S in connection with Qther expenditures that constitute an :h!r. REAGAN. Are they·au deficiencies? excess of the appropriations made. If there is :anybody to blame for :Mr. PLilliB. All deficiencies, and they come down in the regular that, it is the Secretary of State. estimates of denciencies sent us by the Secretary of the Treasury. I do not mean to say now for the purpose of what I am about to ob Mr. REAGAN. All I wish to 'SaY is that it seems to me that de serve that he is responsible, but what I P-o say is that for this widely ficiencies are being constantly created in this way and thatthereougbt 'SCattered service of the Republic to be thus made the bearer of the to be some investigation. We ou,ght not to be indiscriminarely allow burden of all this complaint is wrong. If we are to have some new ing deficiencies without inquiring why they are made, and some com plan, l~t us have it; but as long as we go along with the {)}d plan, let mittee ought to investigate the matter. We have laws which should us carry it out decently and in order and with dneregard to the rights control the Departments and should prevent deficiencies from being ofthose people who are helpless in all these respects and whomustin made, except under extra{)rdinary circumstances. cur these expenses, render this service, and take ~eir chances of get It seems that the Government goes ori utterly disre,aarding the legis ting pay. lation in relation to the creation of deficiencies. I am under the belief Then going over a little further I find, for instance: that it is the duty of some committee to investigate the. reasons why Salaries, office of depositary at Tucson: For deposita-ry, in addition to his pay these deficiencies are made. I shall oppose their being incorporated as postmaster, S700, being the difference between the amount of salary per an- _ into the present appropriation bill until the matter can be looked -into num of this officer, $1,500, under the act of May 1.8, 1872, creating the office, and by _a committee and the facts presented to the Senate, and if additional the amount appropriated for the fiscal year ending Ju~e 30, 1880. legislation is necessary to prevent the reckless creation of deficiencies What has happened there undoubtedly is that that account has not on every subject and in all the Departments, that legislation ought to been adjusted untilafter the money appropriated for it has lapsed into be had. the Treasury. The officer is not responsible and perhaps the Secretary 1lfr. PLUMB. What the Senator from Texas "Says is entirely proper is not responsible. The system is perhaps responsible that that ac from an original standpoint; but the Senator will bear in mind that count was not adjusted in time to enable the officer to receive the some of these have been appropriated for. There has been some ca money out of the apJ>ropriation for the year in which the service was price or some favoritism in picking out various items from these esti rendered. · mates of deficiencies and putting them in the bill. I am perfectly I turn over and find under the head of "Public Schools, District of willing, if the Senate is of that mind, to strike out everything con Columbia: " tained in these estimates and let them all go. I am sure that no in Repairs and im-provements to school buildings and grou.ud.s: Lumber, cenien~ vestigation has been applied to one that has not been applied to all, , paint, glass, etc., $137.51. 1 8888 CONGRESSIONAL RECORD-· SEN.Lt\.TE. SEPTEltiBER 24, We appropriate each year a sum varying from $15,000 to $25,000 for charge of the bill, whether or not there is now in this bill, as it came rep:tirs of school buildings in the District of Columbia. What con from the House or as it is reported from the Senate Committee on Ap tractor is there who knows the expenses he will incur or that are in propriations, an appropriation for the list of claims allowed by account curred, by him under the direction of the commissioners in connection ing officers contllined in House Executive· Document 377, Fiftieth Con with all the other expenditures over and in excess of the gross amount gress, first session, being "a supplemental list of claims allowed by ac that we approprlate? How can he tell anything about it? And here counting officers of the Treasury under appropriations the balances of I find $137.51 representing money actually paid out for cement, lum whi'IP have been exhausted or carried to the surplus fund?" ber, paint, and glass, and y'et we stick upon this point of authority and . Mr. HALE. That was one of the documents the committee had say, "We will not pay it." put into the bill with the exception of some large items, the old contro- ' There is such a thing as withholding more than is meet, but it tends versies that we have bad so many times and with but one result touch to poverty, and that is just this withholding exactly. We ought to ing the items in relation to the aided railroads. pay these debts, and then if we do not think that our executive offi Mr. MITCHELL. I should like to inquire whether the items on cers are doing the right thing let us hail them onder the statute. They page 19 ofthat document. Executive Document 377, relating to claims are subject to iudictment in some of these cases, I have no doubt, but that have been aHowed by the accounting officerS of the Treasury De at all events, whomever we punish, let it be the people who make the partment for barracks and quarters have been included or not. expenditures and not the innocent victims of the assumed aut.hority of Mr. HALE. They are all in. • these executive officers. The PRESIDENT pro tempore. TheamendmentoftheSenatorfrom Further on I find in this same lot: Kansas having been amended on the motion of the Senator from Maine, Buildings and grounds, public schools, District of Columbia: Building on lot the question is on agreeing to the amendment as amended. adjoining Sumner school building: To pay Frank Baldwin for excavating, The amendment as amended was agreed to. . grading, concreting, and building extra. foundation, not included in contract, Mr. PLUMB. I wish to offer as an amendment everything that is being for the service of the fiscal year 1888, $973.06. in this estimate marked with the word "omitted" opposite, except Mr. Frank Baldwin may or may not be able tO carry. this sum in those items for the pay of transportation on the Pacific railroads. definitely, but I will say, without knowing auything about it, that that Mr. HALE. Will the Senator put that in form, so that when the money was fairly earned, and that to withhold it from him is of very bill shall pass and go into conference we shall have it distinctly before great damage to him and of no use to us, because we have got the money us? · in the Treasury. The PRESIDENT pro te • 1888. CONGRESSIONAL RECORD-SENATE.. 8889 248.80, being the amount of one mileage from his hom~ to the seat; of Govern same for amount paid to P.H. Lannan for Daily Tribune from November,1885, ment and t·eturn. SL:.!; to pay Milton Kelly, publisher of Idaho Statesman, for advertising for sup The amendment was agreed to. plies at Boise City,May, 1886,$12. :Mr. CALL. I ask unanimous consent to change the place in the bill The amendment was agreed to. in which my amendment relating to the steamer to be stationed at 'rhe Secretary read the next amendment of Mr. PLUMB, as follows: Key West, Fla., was inserted, so as to make it come in on page 13, Contingent expenses, Territory of Washington: To reimburse Eugene Sem ple, governor of Washington Territory, amount expended by him, as per vouch after line 9. ers submitted, on account of contingent expenses of Territory of Washington '.fhe PRESIDENTyro tempm·e. It will be inserted on page 13, after for the fiscal year 1887, S64. line 9, if there be no 'objection. The amendment was agreed to. Mr. CALL. I suggest a change of the language in the words sug The Secretary read the next amendment of Mr. PLUMB, as follows: gested by the Secretary of the Treasury, which the Secretary will read, Fish batcherv, Duluth, Minn: For the completion of the fish hatchery on Lake being a mere informal and immaterial change. Superior, near'Duluth. Minn., including its equipment, water supply, and the The PRESIDENT pro tempore. The amendment will be stated. construction at the station of ponds for the cultivation of trout, 84,000. The SECRETARY. It is proposed to make the amendment read: The amendment was agreed to. To enable the Secretary of the Treasury to purchase or construct a steam rev The Secretary continued the reading of Mr. PLUMB's amendment as enue vessel, to be stationed at Key West, Fla., except when otherwise directed follows: by the Secretary of the Treasury, etc. Salaries and traveling expenses of agents at seal-fisheries in Alaska.: To pay The PRESIDENT pro tempore. The amendment will stand as last Thomas F. Ryan, late assistant agent at the seal-fisheries in Alaska, tbe amount due him for traveling expenses necessarily incurred in May, 1885, said amount reported, by unanimous consent. being in ex<'ess of the sum appropriated for the travelingex:pensesofthe agency Mr. HALE. On page 101 I move the corr~on of a single word, which he filled, and a deficiency for the fiscal year 1885, $266.10. which is a mjsprint,at the end Of line 14. It should read ''numbered The amendment was agreed to. 22107," instead of "numbered 32107." It is to identify a claim by The Secretary continued the reading of Mr. PLUMB's amendment, the right number. as follows: The amendment was agreed to. Refund to Iselin, Neeser & Co.: To repay to Messrs. I elin, Neeser & Co., Mr. CHANDLER. I offer an amendment, to insert on page 19, after amount of excessive intert>st collected in error by the United- States district at;. line 12: torney at New York, in thesettlement(without suit) of a claim against said firm For salaries and contingent expenses, streets, public schools, buildings for for duties on merchandise imported by them; the amount having been covered schools, courts, misceJianeous expenses, health department, judgments, and into the Treasury, $30.96. water department, ~.010.75, as per t>stimates submitted by the !:iecretary of the The amendmeot was agreed to. Treasury ,August 28,1888, Senate Executive Document No. 252. The SECRETaRY. On page 20, between lines 12 and 13, urtder the The amendment was agreed to. bead of" Public schools," it is proposed to add: Mr. MITCHELL. I otfer the amendment which I send to the desk. Bui!dings and grounds, Public Schools, District of Columbia: Building on lot The PRESIDENT pro tempore. The amendment will be stated. 1 adjoining Sumner school building: To pay Frank Baldwin for excavating, grad The SECRETARY. On page 43, after line 17, it is proposed to insert: ing, concreting, and building extra foundation, not included in contract, being for the service of the fiscal year 1888, $973.06. · To Bartholomew Coffey, for servi<-es of farmer in charge of the Umatilla agency, in Oregon, from Augu11t 6 to 26,1886, both days inclusive, at the rate of The amendment was agreed to. $1,2011 per-annum, $68.47, and covered by the order of the Secretary of the Inte Mr. HALE. I move to reconsider the vote by which the Senate rior of July 7, 1887. adopted the amendment offered by the Senator fi·om Maryland [Mr. The amendment was agreed to. GoRUAN] in reference to W. B. Clarke. That is a case where edra Mr. PLUMB. I now move as amendments the items in the esti compensation is provided for, and the committee are against all extra mate before referred to which are marked with a black stroke, being compensation. The committee considered this ca.Se with the others all, I think, except those relating to the pay of the Pa<:ific railroads, and rejected it; and there are a good many others of something like which have not been inserted by the House. I do not see any reason, the same kind, and I do not think fish should be made of one and flesh in looking over them, why they should be treated in any rufferent way of tbe others. ftom those which have been included. The PRESIDENT pro tempm·e. The amendment adopted on motion I do not know anything about any of the claims, but !'only desire oft.JJ.e Senator from Maryland [Mr. GoRMAN] will be read. that the Senate shall pursue one rule or the other. Either treat the The SECRETARY. On page 59, after line 10, the Senate, as in Com recommendations of the Secretaries in regard to matters which involve mittee of the Whole, inserted: the service rendered and expense incurred by private individuals as To pay W. B. Clarke for special services as laborer from 1\farch 4, 1886, to March entitled to be paid on the recommendation of the Secretaries or strike 4, 1 &!, $280. them all qut, and adopt some plan which shall prevent the recurrence The PRESIDENTp1·o tempore. The Senator from Maine [Mr. HA.LE] of these expenses hereafter, or which will gh·e them some authority, moves to reconsider the vote by which the Senate agreed to this amend when they are estimated for here, which will enable them to be ap ment. propriated for without any delay. Mr. GORMAN. I trust the Senator from Maine will not press the The PRESIDENT pro·temp01·e. Will the Senator indicate the point motion to reconsider. It is a very small appropriation to compensate in the bill at which these items shall come in? one of the bright young officers of this body, who has not only dis· Mr. PLUMB. The first ones should come in under the State De charged the ordinary duties of messenger, but has al&o qualified him partment. self as a typewriter and made himself very useful to a committee, and The PRESIDENT pro temp01·e. The appropriations for the State De it is really only to equalize his salary with that paid others. There partment begin on page 1 of the bill. fore I trust the amendment will not be reconsidered. Mr. PLUMB. They will go along with the items in rega.rd to the Mr. HALE. I know the force of what the Senator says. My atten· State Department, in whatever part of the bill they appear. tion was called away by the Senator from Nevada at the time the The P H.ESIDENT pro tempo1·e. The items concerning the State De- amendment was offered, and I had not the chance of making the point partment end on page 5. • of order on it, but it is extra pay for one of the officers about the body Mr. PLUMB. All those relating to the State Department should here, for doing work outside, technically, of the place he is employed come in at the end of line 2 on page 5. in. There are many such cases, and the committee believed that-it The PRESIDENT pro tempore. The amendments will be stated. was its duty to set its face against all of them. The troth is that the The SECRETARY. At the end of line 2, on page 5, it is proposed to employes about this body are better paid now than any other set of insert: men in the service of the Government. If you ·compare the work done Foreign intercourse: by a laborer, or a messenger, or a clerk about the Henate with that of Salaries of consular officers no~ citizens: To pay the balance of compensa tion due A. B. Keiin, vice-consul-general at Teheran, while in charge o.f the the men and women who are employed in the Departments through consulate-general of the United States at that place, from June 10, 1&6, to No the entire year, the comparison fs a)l in favor of the ease and pay of vember 21, 1886, being deficiencies on account of the fis<:al years 1886 and 1887, our own employes, and 1 have always felt and feel now that the Senate as follows: For the fiscal year 1886, 8230.77; for the fiscal year 1887, $1,565.24. ought not to start out in this race. The PRESIDENT pro tempore. The question is on this amendment. We are continually importuned here to put up the pay of the em. The amendment was agreed to. - ployes of the Senate. I do not pass a day while these appropriation The SECRETARY. On page 13, after line 9, it is proposed to add: bills are being considered that somebody or other in the employ of the Salaries, office of depositary at Tucson: For depositary, in addition to his pay Senate dot'S not a.Sk to have his pay advanced. Every Senator wants as postmaster, S700, being the difference between the amount of salary per an his clerk to be advanced or the man who stands at the door of his com num of this officer, S1,500, under the act of May 8, 1872, creating the office, and the amount appropriated for the fiscal year ending June 30, 1880,$700. mittee to be advanced. I have a man at this time in my own com The amendment was agreed to. mittee-room who expects that I shall favor such a measure for him; but I am against it. As this is a precedent, I do not believe in set The Secretary continued the reading of Mr. PLUl'I'IB's amendment, as follows: · ting it, and I hope the Senate will reconsider the vote by which it was done. Wages and contingent expenses, assay office at Boise City: To reimburse Henry F. 'Vild, assayer in charge, for amount paid to Kelly & Krebs for sub Mr. DAWES. I should b~ very glad to vote for the amendment lliCI'ipt.ion to Idaho Statesman, one year from December, 1885, 812; to reimburse suggested by the Senator from Maryland, for the man at the door of • 8890 CONGRESSIONAL RECORD-SENATE. SEPTFIMBER 24, That a. steam fog-signal be established at Manistee Light-Sta.t'ion, Lake Mich· the Committee Qn Indian Affairs has only the pay of a skilled laborer., igan, at a cost not exceeding $5,500. and yd he has performed all the dnties of a messenger in all the ca That range-lights be established in the channel of Detroit River, Michigan, pacity of a messenger in the Senate since the_ 1st day of J8,nu~~- I between Fighting Island and Lime Kiln Crossing, at a cost not exceeding brought that fact t~ the attention of the Comm1ttee on Appropnatwns, $7,000. ·That a fog-whistle be established on the breakwater at Cleveland, Ohio, at a and I was met by the statement that there were very man~ such cas~s cost not exceeding $5,200. that could not be considered. I then stated to the COllllDltiee that if Tha.t a fog-signal be established at La Pointe (P.oint Chequa.megon), entrance that was their rule I should not ask them to make an exception in to .Ashland Harbor, Lake Superior, at a cost not exceeding $5,500. · That a fog-signal be established atPointJroquois, Lake Superior, at a cost not favor of the man at the door of my committee-room, and therefore I exceeding 55,500. did not press it, and I did not put it in such form that it would be in That a fog-signal be est.ablished at Cheboyga.n Point light station, Lake Hu order to offer it now. . ron, at a cost not exceeding $5,500. That a fog-signal be established at Presque Isle, Lake Hurpn, at 11. cost not ex- It would be manifest injustice to several, I know, situated inprecisely -ceeding $5,500. , this way if one should gQ on the bill and the others should be omitted. That range-lights and stakes be established at Lake St. Clair, from Grosse I think the man at the door of the room of the Committee on Indian Point to the entrance of Detroit River, at a cost not to exceed 33,000. That ra.nge-lights be established at Russel Island to St. Clair Jl'}ats Cann.l, Affairs is entitledjustly to the pay of a messenger, for the duties of a Lake St. Clair, at a cost not exceedin~ Sl.500. messenO'er have been exacted of him, and I know t.hat at another com That a fog-whistle be established at Two Harbo.rs, Lake Superior, at a cost is not exceeding $5,500. mittee-~oom close by mine another situated precisely in the same That a light be established at Devil's Island, Apostle Group, Lake Superior, way. at a cost not exceeding $15,000. :Mr. HALE. There are a dozen such eases. I have one in my own 'l'hali range-lights be established at Duluth Harbor, at a cost not to exceed -committee. . $3,284.12. And the sum of $149,6Si-l2, or so much thereof-as may be req11ired, is qereby M:r. DAWES. I should be glad if they were all put in, but since appropriated, out of any moneys in the Treasury not otherwise appr-opriated, the amendment of the Senator from Maryland was adopted my atten for the purposes ofth.is act. • · tion has been called to the fact that I sit still here and see a most :Mr. HALE. To save time, aB these items are all of the same .sort, worthy man left out in the cold, while the Senator from :Maryland has I· will ask the Senator if there is any law that has already passed au been more successful. thorizing the erection of these signals and lights? The PRESIDENT p1·o tempore. The question is on the motion tore Mr. P AL:f!IER. A bill has passed both Houses authorizing the es- -consider the VQte by which the amendment was agreed to. tablishment of these signals and lights. The motion to reconsider was agreed to. Mr. HALE. Has it been signed by the President? The PRESIDENT pro tempo1·e. The question recm:s on agreeing to Mr. PALMER. That I can not tell. the amendment. · Mr. HALE. I make the point Qf order. The amendment was rejected. Mr. PALMER. I do not know whether the bill has been or not. If Mr. TELLER. I offer an amendment, to come in on page 55, after the Senator from Maine can assure me thatithas not, I think the point line 19, which I will send to the desk. · · . of order may be well taken. The PRESIDENT pro tempore. 'The amendment will be read. Mr. HALE. It is rather incumbent on the Senator to show that it The SECRETARY. On page 55, after line 19, it is proposed to insert: has. Two hundred and seventy-six thousand sixhundredandnineteen dollars and Mr. PALMER. How does the Chair decide? .sel'enty..five cents to the Chinese minister ~t this <_:a.pital, who shall ~e~t t?-e same on behalf of his Government as full mdemmty for all losses and InJuries The PRESIDENT pro tempore. The Chair would like to hear the BUsta.ined by Chinese subjects, as aforesaid, and shall distribute the sa.Id money point of order stated again. · among the said suffe'l·ers and their relatives.• Mr. HALE. I asked the Senator if there was any law for the estab Mr. TELLER. I know of course that the amendment is out of order lishment of these fog-signals, and he states in reply that the bill has if any memberofthe Senateseesfittoraisethequestion, butastbisis the passed the House and Senate, but he does not know whether it has been last appropriation bill, as I unders?tnd, a~ this session! it seems to ~e signed by the President, and he raises the point that I ought to show that the committee should allow thiS to go m, and then ifthey determme that it has oot been. The burden is upon 'the Senator to show that it that it is not a proper thing, of course there will be no objection to is a law. striking; it out. It was thought proper by the State Department to Mr. PALMER. Inferentially I think I can show that. make this arrangement with the Chinese minister when the treaty of The PRESIDENT pro tempore. The Chair will b~ ready to decide which so much has been said was negotiated, B.Dd I find in the corre upon any question w,hen the evidence is presented. spondence submitted by the State Department with the treaty that there 1\Ir. PALMER. I do not think that any -veto has been issued upon bas been considerable correspondence on this subject heretofore. I this bill. I think undoubtedly it has become a law, or I should have want to read what the Chinese minister, Chang Yen Hoon said: known of it from looking QVer the RECORD. I should have remarked Referring to the cases of outrages committed upon the Chinese in the United that the bill passed more than ten days ago. · States in the past_, years, you kindly gave me repeated as~ur~nces, in per_::;on, Mr. COCKRELL. I ask theSenator if all these bills hav-e been that indemnities would be awarded and the cases settled w1thm a certain time, which I in my dispatches, more than once communicated to the foreign office; passed by the other House? but ne~rtheless they still remain unsettled. Consequently I find myselfpl&ced Mr. PALMER. Yes, sir; they were passed by the other Housefuat in ~ rather deli~ate position, which it seems hard for me t-o extricate myself and came Qver here. from. • Mr. COCKRELL. They are certainly not deficiencies. 1\Ir. HALE. Let me ask the Senator whether this is regularly esti Mr. PALMER. The only reason why I ask to have these items put mated for by the State Department, which has it in charge? If so, of upon this bill is because they are works that can be completed this course it is not subject to the pointQf order. If not, th~ clearly there winter, and they are very essential, and the people upon the lakes are reasons why the State Department, that has the matter in charge, where they are located are very nrgeJlt to have them provided for. If has not pre.•~ented it. I had not supposed in a conversation I had witk the chairman of the 'Air. TELLER. The State Department; did present it in the treaty. Committee ~n Appropriations that this would have been accepted by There is provision for it made in the treaty. As the treaty has now the committee, I probably should have gotten an amendment through failed, there should be some provision for making this payment which upon the House bill making the appropriation. the Chinese minister avers we have promised to pay. I havenodoubt J'iir. HALE. With whom does the Senator say he had a conversa- that is so. I ask the Senator to allow the amendment to go in and then tion? the-committee canlookatit, and if they do not think it ought to be in Mr. PALMER. With the chairman of the committee. they can strike it out. No harm canbe done by puttin_g it in now. Mr. HALE. Not with me. The PRESIDENT pro tentpore. The amendment as offered by tbe Mr. PALMER. No, sir; but I understood from the chairman that Senator from Colorado will need some change in order to enable it to there would be no difficulty if the bills had passed both Houses. Oth be properly inserted. erwise I should have provided for it in some other way. Mr. TELLER. I will look at it and have the neces..~ry change Mr. CULLOM. While there are a number of those light-houses they made. do not aggregate a very great amount of money, and I am sure tbey are The PRESIDENT p1·o tempore. If there be no objection to there very important. Certainly the fog-signals Qught to be established in ception of the amendment, the Chair will put the question on agreeing the interest of commerce upon the lakes. Lest there might be a slip to it. ' and a failure to get them established by th~ separate acts which have . The amendment was agreed to. been passed, I hope that the Senator from Maine will not object to the Mr. PALMER. I offer an. amendment, after the word "fog-ffignal," reception of the amendment. on page 13, line 19, to insert: M:r. HALE. Does the Senator think that a. deficiency appropriation That a fog-signal be established at Beaver Island, Lake Michigan, at a cost not to exceed $5,500. , bill which has a clearly recognized scope is a pmper bill to put QU new That a. fog-signal be established at Mackinao Point. Straits of Ma.ckinac, at a. public buildings that are not already authorized by law? I have had ~ost not to exceed $5,500. some experience ip regard to appropriation bills in the Senate and in That alight-house be established at White Shoals, or at Simmons Reaf, Lake Michigan, as the Light-House Board may determine, at a cost not t-o exceed the Honse, and I have never known the deficiency bill to be loaded W},GOO. with appropriations of this kind. If you can put on a batch of appro That a. fog-signal be established at Twin River Point, Lake ~fichigan, at a cost priations for new fog-signals, you can for new light-houses, for new pub not exceeding $5,500. · : That a fog-whistle be established on the:breakwater atChi.cago, Ill., at a cost lic buildings, and for every service of the Government. I am desirous not exceeding $5,200. • of keeping the deficiency bill down to what it has always been kept. i888. CONGRESSIONAL . RECOR.D-SEN.ATE. 889 1_ I should be glad, if this were a proper item, or if the Senator had got it Mr. CHANDLER. I ask that the amendment on page 27 relating in in time, to put it in the bill where it properly belongs, but it is my to the Hoboken Land Improvement Company of New Jersey, $15,800, duty to make the point of order. • · . may be reserved. I ask that a vote may be taken separately in the 1\Ir. PALMER. 'Vill the Senator tell me what he means by "the Senate upon that amendment. · proper time? '' · . ' The PRESIDENT pro tempore. If there be no other amendment ~ , ~Ir. HALE. The Senator knows that all the bills upon which light- served, shall the amendments made as in Committee of the Whole be houses, public buildings, fog-signals, and all things of that kind are concurred in in the Senate? put have already passed. I do not know why the Senator did not get The amendments were concurred in. · his amendment in before. He has had the same chance that everybody The PRESIDENT pro tempore. _, The question recurs on the amend- else has had. ment reserved by the Senator from New Hampshire, which will be Mr. P ALliER. Does the Senator mean in this bill? read by the Secretary. - The Chair understands that the Senator de- Mr. HALE. Not in this bill, of course, but another bill. sires to reserve one item· in the amendment offered by the Senator from :Mr. PALMER. I can give a very proper solution to that. This Kansas[.Ur. PLUMB]. matter came over from the other House too late for the sundry civil Mr. CHANDLER. No, theamendment strikingout the same clause bill; therefore it did not go on that. An appropriation would have on page 27. been made upon this bill if the same treatment had not been given to Mr. PLUMB. That has been reinserted. several other bills which have met with an abrupt rebuff by the con- The PRESIDENT pro tempore. That clause has been reinsertea in ferees on the part of the House, who refused to concur in the amend- the amendment of the Senator from Kansas. ments of the Senate on some point of order. Otherwise I shQuld not . Mr. HALE. That suits everybody except the Senator from New haye troubled the Senate with trying to fix this as an amendment to Hampshire. the deficiency bill. Mr. CHANDLER. I understand exactly what has taken pJace. Mr. HALE. Does the Senator think it is a deficiency? The PRESIDENT pro tempore. The Chair asked the Senator ·from Mr. PALMER. It is a very great deficiency-a deficiency that has · New Hampshire if he desired to reserve a vote on that item in the been long felt. amendment offered by the Senator from Kansas. Mr. HALE. It is a deficiency in the Senator's reasoning; that is Mr. CHANDLER. I do not, but on striking 6ut the clause on page very evident. 27. Mr. PALMER. , If the Senator did not regard bimself as the Cer- The PRESIDENT pro tempo1·e. The Secret.ary will read the amend- ].;)erus, the watch-dog of this bill, and if he did not fear that large ment reserved by the Senator from New Hampshire. amounts in irrelevant amendments would be appended to the bill, I The SECRETARY. The Senate, as in Committee of the Whole, struck have no doubt that his knowledge of the facts in the case would in- out the following clause beginning on line 15, page 27: duce him to permit this to be put in as an amendment without his op· For payment on account of Army transportation, 1882 and prior years, as position. certified to Congress as due, by the accounting officers of the Treasury, in House Mr. HALE. That is prettY nearly true. The Senator has it about Executive Document No. 19, Fiftieth Congress, first session, namely: To the right. Hoboken Land Improvement Company of New Jersey, $15,80'). Mr. PALMER. The Senator who has the bill in charge concedes The PRESIDENT p1·o ie1J1Pore. The question is on concurring in that point. I should like to know (and it has annoyed and bothered the amendment made as in Committee of• the Whole. me somewhat), if it was not for just such cases as this, why should that Mr. CHANDLER. This item is for an audited claim that has_been language be used in the title of the bill "and for other purposes." audited a great many years. It is a claim that was inserted in one de- This is certainly for another purpose. ficiency bill by the Senate at this session, but was stricken out on the Mr. HALE. That refers to deficiencies for other years. report of the conference committee. The Senate coillerees did not in- Mr. PALMER. I think if it related to deficiencies for other years sist upon it and it went out. The claimants have been to the House it would have said, " and for deficiencies for other years." In my of Representatives, presented this claim, and it was inserted by the opinion that language was put there for just such an exigency as this. other House in this bill, and I am unable to see .any logiC or any jus- The Senator from Maine is perfectly right in fighting off amend- tice to these claimants in now striking it out of the bill in the Senate ments, but still under the circumstances, in an extreme case like this, for the purpose of inserting it again in some other connection and with it seems to me it should meet the favor of the Senator and it should other claims. be permitted to go on the bill, particularly when it is now a law and These claimants have used due diligence; they have gone where they no appropriation has been made. should have gone, and they have had this just claim in~erted in the l\1r. COCKRELL. I was going to ask the Senator if he would yield bill. Why should they not have the benefit of their diligence? Why ' to a motion to ndj ourn and finish his ~peech to-morrow? should not this i tern be allowed to stand, and if there are other claims The PRESIDENT p1·o tempore. The Chair will first pass upon the exactly like it why should they not be added by the Senate instead of question of order. striking this claim out and putting it in somewhere else in some other Mr. HALE. I think we can get through with the bill to-night. connection? The PRESIDENT pr() tempore. The rule provides that no amend- 1\Ir. HALE. I want to say-- ment that is not germane or relevant to the subject-matter contained Mr. CHANDLER. It may be, if the Senator will wait until I get in the bill shall be received. · This bill is entitled "An act making through, that there is some force and some justice in this tl'eatment of appropriations to supply deficiencies in the appropriations for the fiscal the claim, but it does not occnr tome that there is any; and injustice year ending June30, 1888, and for prior years, andforotherpurposes." to the claimants, who have been a long time without their money and The Chair supposes that that provision of the rule is intended to who have had this claim mice passed upon already at this session by exclude from the different appropnation bills amendments which are the Senate, I am compelled to make objection to striking out this not connected with the subject-matter thereof; in other words, that clause. upon the Inman appropriation bill this amendment would not be in Mr. HALE. I will give the reason in a minute, because I know the order. The Chair therefore holds that the point raised by the Senator Senate wants to adjourn. from 1\Iaine is well taken, and will decline to receive the amendment This amendment was put on a former bill by the Senate with other unless otherwise instructed by tlie Senate. amendments just as good, The House rejected them all, and we could 1t1r. PALMER. While I have the highest regard for the oninion of not force them to agree to them. In making up this bill they have the Chair, and ordinarily would not dissent from it, I think that I done what they sometimes do and what the Senate is impatient at their should like to appeal from that decision. doing; they have selected this one claim out from others, makiilg fish' The PRESIDEN'r pro tempore. The Chair will entertain the appeal' of one and--flesh of another, and have refused to put the others i"1. The question is, Shall the decision of the Chair stand as the judgment I do not believe in doing that. The course that the Senate ha!l taken ofthe Senate? Is the Senate ready for the question? (Putting the up to this time, and that the Senator from New Hampshire wants to - que:~tion . ] The ayes appear to have it. change now, is to strike this out from the bill where the. House put it 1\ir. PALMER. I withdraw the appeal. and place it with the other good clai.tns, and then we can go to the The PRESIDENT pro tempore. The ayes have it. House with the same claims for the others that we have for this item. :Mr. TELLER. I ask leave to modify the amendment that I of- But if you do what the Senator from New Hampshire desires, you agree fered. As it reads now the payment would be made to the Chinese to this item that the House put in, having picked it out from the others, minister. I wish to strike out "minister " and insert " Government;" and they will say, "We shall pay no attention to the others," which so as to read that the payment shall be rua-de to the Chinese Govern- arejusta~good. It gives them theopportunityofgettingin what they ment. I suppose there will be no .objection to it. choose to put in, and does not give us any fair opportunity. Mr. COCKRELL and others. That is right. Under the amendment offered by the Senator from Kansas this item The PRESIDENT pro tempore. Tha.t modification will be made by is included with the others that are just as good, and the Senate has unanimous consent. · - a fair chance with the House conferees. I hope the Senate will sus- The bill was reported to the Senate as amended. tain that position. I shall not say another word because I kn,ow it is The PRESIDENT pro tempo1·e. Unless a separate vote is desired in late, and I desire to have the bill go through. I am willing to take a the Senate on any amendments made as in Committee of the Whole, vote now. t;he question will be taken on conclJ!ring in the amendments in gross. Mr. CHANDLER. This claim is not due to the House of Repre- 8892 _CONGRESSIONAL RECORD--HOUSE. SEPTE~ffiER 24, sentatives; it is due to these claimants; and when they have procured f?rded no relief by tbe Quartermaster-General under the law of July 4 1864. en the aJJowance of their claim correctly through the House committee titled "An act to restrict the jurisdiction of the Cour~ of Claim e." ' ' M. C. MEIGS, and through the Honse, why can they not be entitled to the benefit of. Qu.a1·termaster-Generat. it? -It seems to me that it is child's play to undertake to crucifY these Official copy. Little Rock, March 25, 1867. claimants simply to make up an issue with the House of Representa L. HEINE, tives. . Brevet Lieutenant-Colonel and Actina Qnarterma ~ ter. Mr. HALE. Let us have a vote, :M:r. President. This voucher was submitted to the Quartermaster-General for his opinion to The PRESIDENT pro tempo1·e. Will the Senate concur in the amend which he replied n.s follows: ' ment made as in Committee of the Whole? "WAll. DEPARTMENT, QUARTER~TER_-GENERAL 1 8 OFFICE, The amendment was concurred-in. Washt.ngton, D. a., May 4, 1888 • . "Sm: Yon_r communication of the 25th ultimo, inclosing a certified account The amendments were ordered to be engrossed and the bill to be read In duphcaLe m favor of A-M. Woodruff, of Pulaski County, ArkanSent, leave of absence was granted as follows: Little Rock, Ark. I certify that the above account is correct and just; that the wood was fur To Mr. HoVEY, indefinitely, on account of important business. nished as stated, and that it was necessary for the public service, there being To Mr. MACDONALD, indefinitely, on account of ill health. none furnished by the quartermaster's department during said time. SAMUEL P. PEARSON, To Mr. HATCH, indefinitely, on account of the death of his brother. .Regimental Quartermaster lJiifty-jou,·th Unued States Col~Wed Injantry. To Mr. MATSON, indefinitely, on account of important business. Approved. '.fo Mr. MERRillAN, indefinitely, on account of important business. CH.AK FAIR, To Mr. O'NEALL, of Indiana, indefinitely,. on account of important Lieut. Col. Commanding li'ifly-fourth United States Colored Infantrv, Brevet Colonel United States Volunteers. business. . To Mr. CoNGER, for ten days from the 24th instant, on account of [Indorsed.J WAll. DEPARTMENT, QUARTERMASTER-GENERAL's OFFICE, important business. Washington, D. a., March 6, 1867. To Mr. VANCE, indeJinitely, on a-ccount of important. business. The claim having originated in the State of Arkansas the claimant can be af- To Mr. TAULBEE, for one week, on account of important business. • •'