• < • . . ' , ' .. : 'I .: . ' 4002 CONGRE~SIONAL RECORD-SENATE. APRIL 30,

Bv l\Ir. RUSK: Petition of citizens of Maryland, for the perpetua­ Ohio, of the same district and State, for the same purpose-to t.he Com­ tion of the national-banking system-to the Committee on Banking mittee on Invalid Pensions. and Currency. · Also, petition of W. K. Lightfoot, of Barnesville, Ohio, and 66 other Bv Ur. SANFORD: Memorial of 129 farmers of Ohio, favoring the soldiers, of the same district and State, for the same measure-to the immediate passage of the McKinley bill-to the Committee on Ways Committee on Invalid Pensions. and Means. Also, petition of W. L. Morel, and 60 other soldiers, of the same dis­ Also, memorial of32 citizens of New York, recommending immedi­ trict and State, for the same purpose-to the Committee on Invalid ate pa sage of the McKinley tariffbill-totheCommitteeon Ways and Pensions. l\1eans. Also, petition of F. C. Robinson, of Bridgeport, Ohio, and 83 other Also, memorial of 36 other citizens of the same State, for the same soldiers, of the same district and State, for the same measure-to the purpose-to the Committee on Ways and Means. Committee on Invalid Pensions. _ Also, memorial for the same purpose from Madison, Ind.-to the Also, petition of Hezekiah Thomas, of Jerusalem, Ohio, and 77 other Committee on Ways and Means. soldiers, of the same district and State, for the same measure-to the Also, memorial from other citizens of Ohio, for the same purpose-to Committee on Invalid Pensions. · the Committee on Wavs and Means. Also! petition of D. W. Forsyth, of Cum berland, Ohio, and 88 other Also, petition of citizens of Twentieth Congressional district of New soldiers, of the same district and State, for the same measure-to the York, for the passage oflaws for the perpetuation of the national-bank­ Committee on Invalid Pensions. ing system under which the interests of depositors are protected by Also, petition of Hon. R. S. Frome, and 137 others, citizens of Wash­ Government supervision-to the Committee on Banking and Currency. ington, Ohio, praying for the passage of the snme measure-to the Com­ Also, memorial of 36 Ohio farmers, recommending immediate pas­ mittee on Invalid Pensions. sage of the McKinley tariff bill-to the Committee on Ways and Means. Also, petition of J. B. M:ansfield, of Smithfield, Ohio, and 77 other .By Mr. SAYERS: Petition of the Board of Trade of San Antonio, soldiers, of the same district and State, for the same measure-to the Tex .. against a duty on the lead contents of all ores imported from Committee on Invalid Pensions. Mexico-to the Committee on Ways and Means. Also, petition of H. L. Haverfield, of Cadiz, Ohio, and 166 other A 'so, a petition of citizens of Texas, against the passage of the Con­ soldiers, of the same district and State, for the same measure-to the ger bill-to the Committee on Agriculture. Committee on Invalid Pensions. By l\Ir. SCULL: l'tfemorial of the Johnstown (Pa.) Turnverein, re­ Also, petition of John H. Brown, and 37 other soldiers, of Washing­ monstratlgg against a change in the immigration and naturalization ton, Ohio, for the passage of the same measure-to the Committee on laws-to tile Select Committee on Immigration and Natu~:aliza.tion. Invalid Pensions. Also, memorial of Mission Grange, No. 864, Westmoreland County, By Mr. TOWNSEND, of Colorado: Petition of Subordinate Union, Pennsylvania, in regard to duties on agricultural products-to the Com­ No. 2, of Pueblo, Colo., of the Bricklayers and Masons' International mittee on Ways and Means. Union, against employment of aliens on Government works-to the By l'IIr. SENEY: Petition of A. P. Kelley and 69 others, ex-Union Committee on Labor. soldiers of Carey, Ohio, fas9ring service pensions-to the Committee By Mr. VANDEVER: Petition of citizens of California, in favor of on Invalid Pensions. the national-banking system-to the Committee on Banking and Cur­ By Ur. SMITH, of Illinois: Resolutions of County Assembly of rency. Farmers' MutualBenefitAssociationofPerryCounty, illinois, request­ ing abolition of national banks, unlimited coinage of silver, etc.-to the Committee on Banking and Currency. SENATE. By :Mr. SNIDER: Papers to accompany a bill for the relief Mary E. Dubbs, colored-to the Committee on Invalid Pensions. WEDNESDAY, April 30, 1890. Also, petition of builders, architects, and others, citizens of Minne­ apolis, Minn., favoring placing Portland cement on the free-list-to the Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. The Journal of yesterday's proceedings was read and approved. Committee on \Vays and Means. By l'lir. STONE, of Kentucky: Memorial of ¢tizens of Paducah, HOUSE BILI~S REFERRED. Ky., praying passage of laws for perpetun.tion and better protection of The bill (H. R. 1788) to remove certain charges from the record of national banks-to the Committee on Banking and CnLTency. William Dawson was read twice by its title, and referred to the Com­ By Ur. STRUBLE: Petition of E. M. Donaldson and 37 others, resi­ mittee on Military Affairs. dent business men of Sioux: City, Iowa, for a treaty with Mexico look­ The bill (H. R. 6688) asking an increase of pension for Mary H. Nichol­ ing towards a reciprocity in farm products, etc.-to the Committee on son was read twice by its title, and referred to the Committee on Pen­ Foreign Affairs. sions. By 1\Ir. JOSEPH D. TAYLOR: Petition of JohnR. Hunt, of Quaker PETITIOYS AND MEMORIALS. . City, Ohio, and 69 other soldiers, of the Seventeenth Ohio district, 1\Ir. SQUIRE. I present a memorial of the Legislature of the State praying for the passage of service-pension bill-to the Committee on of Washington, representing that the obstruction between the bay of Invalid Pensions. Port Townsend and Oak Bay, in the State of Washington, which is a Also, petition of Dr. W. H. Naston and ll1 other soldiers, of Sum­ great inconvenience to the commerce of Puget Sound, can be removed merfield, Ohio, same Congressional district, praying ior the passage of for the sum of $40,000, and respectfully requesting that an appropria­ the same measure-to the Committee on Invalid Pensions. tion of that amount be made by Congress for this purpose. I move . •. Also, petition of J. W. Copeland, of Tippecanoe, Ohio, and 32 other that this memorial be printed as a document and referred to the Com­ soldiers, of same district a~d State, for the same measure-to the Com­ mittee on Commerce. mittee on Invalid Pensions. The motion was agreed to. Also, petition of J. V. Fisher, of Bowerston, Ohio, and 52 other sol­ Ur. SQUIRE presented the petition of Joseph Dorr and 67 others, diers, of the same district and State, for the same measure-to the Com­ citizens of Blaine, in the State of Washington, praying that the town mittee on Invalid Pensions. of Blaine, in that State, be made a port of entry; which was referred Also, petition of W. F. Peairs, of Freeport, Ohio, ·and 21 other sol­ to the Committee on Commerce. diers, ofthe same district and State, for the same measure-to the Com­ Ur. McMILLAN ~resented a petition of the Detroit Cigar Manufact­ mittee on Invalid Pensions. uring Company and 163 other cigar m.a.nufucturers of Detroit, Mich., .Also, a petition of John H. Pitts and 29 other soldiers, of the same the petition of H. J. Wright and 39 others, citizens of Oxford, Mich., district and State, for the same measure-to the Committee on Invalid the petition of Taggart & Tuttle and 7 others cigar manufacturers of Pensions. Detroit, Mich., the petition of Hugo H. Stender and 4 other cigar Also, petition ofThomas Cosgrove, of Win·chester, Ohio, and 4 other manufacturers of Detroit, l'r'Iich., the petition of G. R. Gross & Co. and soldiers, of the same district and State, for the same measure-to the 25 other cigar manufacturers of Detroit, Mich., the petition of Edward Committee on In-valid Pensions. Burke and 59 other cigar manufacturers. of Detroit, Uich., and the peti­ Also, petition of James L. Lancaster, of Bellaire, Ohio, and 156 other tion of Francis Ziroch and 36 other cigar manufacturers of Muskegon, soldiers, of the same district and State, and for the same measure­ Mich., praying for the imposition of a uniform rate of 35 cents per to the Committee on Invalid Pensions. pound on imported tobacco, a specific duty of $5 per pound on imported Also, petition of R. C. Jones, of New Concord, Ohio, and 32 other cigars, and the repeal of so much of section 2804 of the Revised Stat­ soldiers, of the same district, for the same meastire-to the Committee utes as relates to special stamps on boxes of imported cigars; which on Invalid Pensions. were referred to the Committee on Finance.

Also, petition of H. W. Brooks, of Hunter, Ohio, and 28 other sol­ l'llr. SPOONER presented a petition of citizensofPrairiedu Lac, Wis1 , ·, diers, of the same district and State, for the same measure-to the praying for the passage of the McKinley tariff bill; which was referred Committee on Invalid Pensions. to the Committee on Finance. Also, petition of William Selders, of Byesville, Ohio, and 63 other He also presented a memorial of the Chamber of Commerce of :Mil­ soldiers, of the same district and State, for the same. measure-to the waukee, Wis., remonstrating 3oaainst the passage of House bill 5353, Committee on Invalid Pensions. commonly known as the Butterworth bill, in regard to dealing in po· Also, petition of Ira C. Dickerson and 43 other soldiers, of Athens, tiona and futures; which was referred to the Committee on Finance.

.· .: ...."~ . . ' 1890. . CONGRESSIONAL: RECORD-SENATE. 4003

:Mr~ PAYNE presented a petition of 170 citizens of Ohio, ·pmyingfor 13ILI.8 INTRODUCED. the passage of a national Sunday-rest law; which was referred to the 1\Ir. BUTLER introduced a bill (S. 3712) granting a pension to Kate Committee on Education and Labor. L. Roy; which was read twice by its title, and, with the accompanying Mr. BUTLER. I present resolutions of the Union League of Chi­ papers, referred to the Committee on Pensions. cago, ill., in favor of the Senate bill 2968, for the creation of a naval M:r. Mcl\HLLAN (by request) introduced a bill (S. 3713) to author­ reserve, and move their reference, with tbe accompanying papers, to ize the construction of a tunnel under the Detroit River at the city of the Committee on Naval Affairs. Detroit, Mich.; which was read twice by its title, and referred to the The motion was agreed to. C ittee on Commerce. Mr. EV.ARTS presented a petition of 28 citizens of New York City, MORRILL, asasubstituteforSenatebillNo. 3256, introduced a . • praying for the passage of a Sunday-rest law; which was referred to the ( • 3714) to establish an educational fund, and apply the proceeds Committee on Education and Labor. of the public lands and the receipts from certain land-grant railroad He ·also presented a petition of 44 citizens of Ri~hburgh, N. Y., and companies to the more complete end9wment and support .of colleges a petitiQn of 59 citizens of New York City, praying for the free coinage for the advancement of scientific and industrial edncati~i which was of silver; which were referred to the Committee on Finance. read: twife by its tiUe, and referred to the Committee on .ti

.,... .: \ j 4004 -CONGRESSIONAL RECORD-SENATE. APRIL 30,

submitted by Mr. DAWES in behalf of Ur. HoAR, 'in section 4: line 37, the better policy and which the better course after finding out how it after the word "thereof," to insert the following proviso: affects the importers and the Government. It was not supposed and Provided, That the Secreta.ry of the Treasury shall make proper regulations it is not believed that iu the event that it turns out to be vicious, M by which books, magnzines, and other periodicals published nnd imported in against the pressure of men who have been wronged by it, it would be successive parts, numbers, or volumes, and entitled to be imported free of duty, continued. shall require but one declaration for the entire series. On the contrary, the structure of the bill is rather against its being Mr. .ALLISO~. There is no objection to the amend::nent. done in any case, because it is supposed that when these appraisers are The amendllient was agreed to. organized into a working force three men will be indicated to sit as a l • Mr. .ALLISON. Mr. President, in the temporary absence of the Sen­ board of appraisers, and that they will discharge their duties in first ator from New York who offered an amendment last evening [Mr. passing upon the invoice, and that this board will not be changed, but • EVARTS], I ask thatthatmaybefora momentlaidaside and the amend­ permanently sit as an appellate court. ment taken up offered by the Senator from Mis..c:;ouri [Mr. VEST]. The structure of the bill, I say, is against tllat being done, but it The VICE-PRESIDENT. The amendment offered by the Senat-or was believed to be wise to leave this whole matter subject to the regu­ from Missouri [Mr. VEST] will be stated. lations of the Department, guided by experience upon this question, The CHIEF CLERK. On page 19, section 13, line 40, after the word rather than to bind the Secretary of the Treasury by any law upon this u board,'' it is proposed to insert ''from: which the general appraiser point. It received the most full and careful cousideration. It received who originally acted upon the case shall be excluded." consideration from merchants. This view of it was presented to them; Mr. .ALLISON. I hope the Senator from Missouri will not press that they were heard upon it, and the committee came to the conclusion amendment. I do not think there will be many cases where the gen­ that it was wiser to leave this matter lodged in the discretion of the eral appraiser acting independently will also act on appeal, but it may Secretary of the Treasury than to attempt to fix it by law. I believe be necessary in certain cases that that should be done, and I hope the the provision ought not to be amended as now proposed by the Senator Senator will not press the amendment. from MissourL Mr. VEST. Mr. President, the justice of this amendment, it seems The VICE· PRESIDENT. The question is on agreeing tp the amend- to me, should commend it without argument. Where an appraiser has ment of the Senator from Missouri [Ur. VEST]. decided against the importer and the importer has appealed from that :Mr. VEST. I ask for the yeas and nays. decision, it is manifestly unjust that the same appraiser should sit with The yeas and nays were ordered. the other appraisers as a.j udge on appeal in the case which he has already Mr• .ALLISON. Mr. President, I desire to say a word if the roll is determined. I have always opposed the idea that a judge who had i u to be called on this question. a nisi pr-ius court decided a case against a litigant should afterwards As was said by the Senator from New York [Mr. HiscocK], it is not constitute one of the appellate tribunal. It is ill my judgment an probable that in ordinary cases a general appraiser will sit upon a case abuse to-day in the judiciary system of the United States that an a.sso­ which he himself has decided in the first instance. '!'hat probably ci~te justice of the Supreme Court who has upon the circuit decided a never will occur in New York. We have provided here for a board of case against a litigant should afterwards sit upon the bea.ch of the Su­ nine general appraisers. Three of these will be constantly in session preme Court when that litigant has appealed from his decision. He in the city of New York, and with the great amount of business trans­ does do it, and it is wrong, and we have attempted in the Judiciary acted at that port it is probable ~hat this board of appraisers there will Committee, of which I am a member, or at least I have attempted, to be constantly occupied in hearing cases, and two or perhaps three even remedy that abuse. Every lawyer knows, every layman knows there­ of the remainder of the general appraisers will be engaged in the work sult of su(\h practice. Nqtonly is it a vote prejudged against the man, of general appraisement. but it is the presence of au overwhelming influence against him in the If the amendment proposed by the Senator from Missouri is inserted, at appellate tribunal. Every intelligent man knows that the honest judge the port of Chicago, for illustration, where the entries are few and where or the honest appraiser, to say nothing of a corrupt one, who has de­ probably not more than one general appraiser will be located-if that cided a case against an appellant, will use his influence, his intellect­ appraiser in his capacity as an advisory appraiser shall make a decision, ual conviction or power that his position gives him in the council it will then be necessary to draw to Chicago three other appraisers, one chamber of the appellate tribunal, to affirm that judgment. For him probably from New Orleans, another from St. Louis, and another from '• not to do it is 11u admission that he is intellectually dishonest or it is San Francisco or Philadelphia or New York. It is manifest that if an admission that his decision below was incorrect and should be re­ this rule laid down by the Senator from Missouri shall be applied to versed. this bill it will be necessary to largely increase the number of the Now, Mr. President, what is the meaning of au appeal? It is a trial general appraisers, which the committee did not think it wise to do at de ,wvo of the issues of law or fact, or both combined. What justice is this time. So I trust upon consideration of this question the amend­ there in a litigant being sent to a tribunal where the very factor that ment will not be inserted in the bill. bas operated against him below is present to overwhelm him above? Mr. VEST. Mr. President, no more unsafe rule can ever be adopted In this pending bill there should be absolute justice between the Gov­ iu legislation than that based upon probability. It was said by Mr. ernment and its citizens, and the more powerful the Government the Hamilton in the Federalist that the possibility of a contingency should more reluctant we should be to give it an advamage in a contest with al wnys be assumed as conclusive in favor of or against a constitutional one of its citizens. If we intend to allow an appeal let us give the ap· provision. Whene~r it is necessary to say that a contingency i~ sim­ pellant the full benefit of it; and to retain upon the appellate tribunal ply improbable, as au argument in a legislative or constitutional de­ the appraiser who has already determined the case is to take away a bate, it is virtually giving away that side of the question. The Sen­ part, if not all, of the remedy which we are pretending to give him. ator from Iowa admits a possibility of the evils which I suggest, but Mr. HISCOCK. :Mr. President, there are two theories that may be be says they are simply not probable. The rest of his argument is ba..~d advanced in respect to this section and this provision, one that the ap­ upon a matter of trivial expense and inconvenience. praiser who originally passed ·upon the appraisement of the invoice _Mr. .ALLISON. If the Senator from Missouri will allow m,e to in­ should not sit, should not participate in the decisi-on of the appellate terrupt him a moment I wish to say that I made no such statement as board, and- the other that he should. The argument in favor of the that. The Senator from New York argued very thoroughly that it latter course is this: It is not expected that the Government is to ap­ would probably be wise to have the appraiser below sit in the board. pear before the appraiser in the first instance or before the board, if you I did not touch that question. I only endeavored tC? show how little please, on appeal by counsel. It is supposed that to a large extent there was in the amendment of the Senator from Missouri. tbese proceedings will be conducted informally so far as the appearance Mr. VEST. That was based, as I understood, upon the improbabil­ of counsel is concerned. Of course there is nothing that excludes their ity that a contingency would occur such as is contemplated in the ar­ appearance, but it is supposed that neither the ~vernment nor the gument I first submitted. The rest of the argument of the Senator is impo.rters will care in a great number of these cases to be represented based upon the idea of the expenses-the traveling expenses-of send­ by counsel. Here is this argument in favor of the appraiser in the first ing au appraiser from one port to another where it is neceSS1!J'Y to put instance sitting on the board, that he is advised of the Government's an appraiser in the place of one who has already adjudicated the sub­ case; he is advised of the evidence that was before him when he passed ject at issue. That ought not to enter into this argument. upon the case. Here is a question of right between the Government of the United It is true that he will be influenced perh\\ps somewhat by a desire States and the citizen, and the fact that a litigant is an importer dqes .• to sustain his opinion. He also is the guardian, if you please, of the not rob him of his right to appear before all the tribunals of the testimony upon which he made that decision, of the doubts and the country and be entitled to an honest, fair, and impartial adjudication theories upon which he made it; and a strong argument can be made and settlement of his rights. I recur to the proposition, and it can not why, since these cases are likely to be disposed of in that way, he be answered, that here in this tribunal, limited as to numbers by this should be a member of the board of appeals. On the qther hand, there provision now in the bill, we retain as a judge, and a potent judge, in is the argument made by the Senator from Missouri that he ought not almost all cases an omnipotent judge, the very person who has already to be; that he will overshadow and control his two assooiates; that determined the case, and whose pride of opinion, if nothinO' else, will th~e is nothing in it hut t.qat which is vicious. be found in opposition to the man against whom he hasdecfded in the The comll)ittee concluded to do this: They concluded to leave this court, as you may term it, below. who~e question subject to regulations made by the Treasury Depart­ l\1r. McPHERSON. Mr. President, I desire to say a word in respect ment upon that matter, to ascertain by practice, if you please, what is to this matter.

.. _.. .. ; I 'I '- 1890. CONGRESSIONAL RECORD-SENATE. 4005

It seems to me that, in the decision of a question affecting the value collecting the revenue; the experienced officer goes out and the in· of a package of goods, a rule which applies to the Supreme Court of the experienced one comes in, and as a result we have appeals from the United States having jurisdiction, as they have, over matters and issues different ports of the United States and a difference in th~ appraise­ involving millions and tens of millions of dollars, it would be safe to ment of the value of this merchandise of from 10 to 20 per cent., so leave the matter to a tribunal of three persons. When this question there is no uniformity of appraisement. was brought before the Committee on Finance we had a hearing before Now, it is proposed in this bill to create a board of appraisers; thab the committee, or at least some New York merchants appeared before the Government shall take into its own hands the appraising of this us and desired to be heard. This question came up before the com­ merchandise by officers of ita own; that they shall be experts; that the mittee and the opinion universally expressed by those gentlemen was to man who serves as an appraiser under this bill must know just as .much this effect: That inasmuch as at the port of New York, for instance, about every article of merchandise that comes into this country as the which has been mentioned here by way of illustration, 80 or 90 per merchant himself knows about the particnlar thing that he himself im­ cent. of all the goods brought into the United States are landed, it would ports. That done, there will be uniformity, and that is the plan upon require an expert there to act as general appraiser, a man of large ex­ which the bill is based. perience who had given a great deal of attention and study to these Now, what remedy or what sort of justice do we give to the im­ questions, and that the interests of the importer would be safer in the porter? First, when his goods reach the port of New York or any hands of such a man acting upon the board than they would be if a other port in the country, they go into the hands of an assistant ap­ general appraiser were to be ~

·. - . ~· .. , .,.. .. "' ..- CONGRESSIONAL RECORD-SENATE. 4006 . APRIL so,

Mr. IDSCOCK. I saynnqualifi.edlywe did not intend it, and it was Mr. ALLISON. Does the Senator want an answer now? not our purpose, and iti was framed with that view. Jrlr. YEST. I will take it now. Mr. VE~.r. Then why did the committee strike out the words Mr. .ALLISON. Very well. That clause inserted in the bill as it "giving the privilege of being present with counsel?" came to us from the other House is an interpolation of a principle that Mr. HISCOCK. ThE'y were left out simply for the reason that it has never existed from the foundation of the Government up to this was supposed regulations would be made at the Treasury Department moment as respects the character and duty of these appraisers. on this subject, as upon others, and that the power could be safely Mr. YEST. Mr. President., that is no answer. lodged there, precisely as in reference to trials in courts of law or in l\Ir. ALLISON. Very well. That is all right. other litigated cases, where it is supposed always that the parties shall 111r. YEST. That is no answer-- 'have a chance to assert their rights and vindicate their rights. When J'tir. ALLISON. Does the Senator wish me to sit down or w go on you are formulating a law you never deem it necessary to enter into and complete what I was about to say? that detail. Mr. YEST. I have the floor, but I do not want to stand upon tech­ Mr. YEST. Yery good. Then when the other amendment I have nicalities or to be discourteous to any other Senator. If the Senator offered comes up for action, I take it ~at the matter will be put be­ proposes to continue his answer, I will yield the floor to him for that yond all sort of suspicion by the adopt10n of that amendment. Sena­ purpose. •, tors upon the other side shake their heads and say "Oh, no!" Does Mr. ALLISON. The Senator says that is not an answer. If the not the Senat-or from New York know as well as he knows of his exist­ Senator will indulge me one momentfortherwith thl'l interruption-­ ence and mine that this is not a court of law, not a court of general Ur. VEST. It is not interruption; I want the facts .. jurisdiction, but it is a limited, ex pm-te revenue tribunal, which ex­ Mr. ALLISON. Very well. Now, Mr. President, the framework .cludes the provisions of law in reference to the rights of citizens? of this bill-and I wish to call the attention of the Senator from Mis­ . ' . '. Does he not know that this Chamber and the other House of Congress souri to it-is intended to substitute these appraisers for the collector .have been made to resound with argument and rhetoric by the appeal and the Secretary of the Treasury under the present law, and for no that the citizen sb.a11 be entitled to the right of trial by jury? Is other purpose. They are only to exercise the function and office that there any analogy between the cases? None whatever. have hitherto been exercised by the collectors of the ports and the Sec­ Mr. GRAY. I wish to ask the Senatorfrom:Missouriaquestion there, retary of the Treasury. That is what they are to do. Now can any with his permission. one point out to me an instance wherein the Secretary of the Treasury 1\f r. YEST. Certainly. has been directed by law to allow counsel to appear before him as they Mr. GRAY. I ask the Senator from Missouri his opinion on this appear in a court of justice? That is what the Honse provision which . point: When one of these appeals, .so called, is taken to this board of has been referred to implies. It implies what this bill in its frame­ appraisers, these three gentlemen appointed by the Secretary of the work and purpose does not intend. It implies that these appraisers Treasury, and the importer shall go before that board and claim the are to be a court, when they are not a court in any sense. We have right to appear in person or by counsel, if the board should refuse to substituted these experts, these gentlemen who are presumed to know grant that right what remedy would the importer have? as respects the -values and the classifications of imported goods, for Mr. VEST. None. He is completely in their power. He has no the judgment of the Secretary of the Treasury, who from necessity must constitutional right to demand that he shall be heard there; they can deal through subordinates. give it or not give it, as they please. The Secretary of the Treasury has never by law had imposed upon him Mr. HISCOCK. Mr. President, I desire to ask the Senator from Mis­ the duty to sit as a court of justice and allow counsel to appear pro and souri a question, the answer to which perhaps will throw some light con and examine and cross-examine witnesses, nor has the collector of upon the point suggested by the Senator from Delaware. Has theim­ customs; and these appraisers are simp1y substituted for them. When porter the right to appear by counsel now before the appraisers? .Has the case comes into the courts of the United States, then it .proceeds he the right, either in the :first instance before the appraiser or on according to the forms of the courts, and counsel are permitted. AB a appeal to the general appraisers; bas he that right? And has the Sen­ matter of fact, however, _it is the practice now both of the collectom of ator ever heard of a single instance in which the importer claimed that the ports and of the Secretary of the Treasury, on proper occasions, to he was denied that right when it was essential for the preservation of hear counsel, and often to hear them at great length. But it is not re­ his rights before the board? Has he ever heard of any abuse in the ex­ garded as a wise thing to compel these executive officers, upon other ercise of the power, if they have it, on the part of the appraiser and of occasions, to open their offices as though they were a public court, and the geneml appraisers or of the collectors of customs? Has he ever allow counsel to appear and examine and cross-examine witnesses. I heard of any such case? Has he ever beard of an importer that in the submit to the Senator from lt!issouri that that would be so vicious in consideration of this bill has insisted that be should appear by counsel the city of New York, if it were allowed, astoabsolutelyprecludethe or that the bill should be amended in that way? transaction of this business. Mr. VEST. That is no argument. l\Ir. VEST. Mr. President, our friends upon this committee ought Yr. HISCOCK. We have simply taken the law as it stands to-day to agree with each other as to their line of argument before they appear as a model in respect to this provision as to counsel, under which there in open session. The SenatorfromNewYork [Mr. HiscoCK] took the "has never been any abuse, under which it has neverbeen claimed that position here, when I attacked this provision, that the same rights ac­ there was an abuse. crued to the litigants before this tribunal as in any t>ther court. Mr. VEST. Mr. President, that is no argument. Mr. HISCOCK. I beg your pardon. I said nothing of the Jrind. 1t1r. HISCOCK. It is an argument. We have had the practice of Mr. l'EST. Then you made no argument at all. years. 1\:Ir. IDSCOCK. I said there was no intention in the bill to exclude Mr. VEST. That is simply stating that one set of officers may act counsel, and there was nothing in the bill that would exclude counsel, in one way and another set may act in another; and that to a lawyer and that we had no intention of excluding them. The Senator cbarge1l .or disputant amounts to nothing, because he then enters upon the broad that that was our purpose and object, that such was the intention of area of human nature, and what one man may do or another man may the committee. That I denied. do is not conclusive. We are speaking about bw, about legislation, Mr. VEST. 1\Ir. President, the Senator's argument amounted to about rights crystallized in the laws of the country,and not about the this or it amounted to nothing: that when I assumed that this abuse loose discretion of boards with e:v parte jurisdiction. The Legislature existed he said it did not exist, and he asked me to point ortt a case always assumes that the possibility of a thing should be guarded against where there had ever been such o.n abuse, and he said there was no and never discussed, except in extreme cases probably. possibility of such an abuse. Wby, he said, is there any court where But I proceed to show now that this committee in their bill which the right is not given? 'Ihe Senator was unfortunate in his argument. they have reported here have struck out the provision that gave this If he did not mean what I said why did he ask me to point out cases right to the importer. or to say whether I had ever- known a tnlronal where the right did not ~1r. ALLISON. Will the Senator allow me to interrupt him right adhere to the litigant, not ex gratia, but as a matter of right? ~e? - Now comes the chairman of the committee, my friend from Iowa, Mr. VEST. Will my friends on the other side permit me to state and says that this is not a court. I did not require that assertion in my position and then they can attack it either by question or argu­ order to know it. It is not a court. It is an ex parte, star-chamber, ment, but I do claim the right to state it first. revenue tribunal. There can be in view of the provisions of this bill On page 19, line 44, of this bill as it came from the other House was no pretense that this is acourtofjustice, where the :partiesstand equal , . this clause: with their constitutional right to be heard by counsel, to be confronted Tlle owner, importer, consignee, or agent of imported merchandise subject to with witnesses, to make argument, to appeal from the decision; all a reappraisement by the board of genera.! appraisers shall have the privilege of that is lacking. But I recur to the face of this bill in which the House being present with or without counsel as be may elect. of Representatives, the popular branch of the Legislature of the conn- These words are Btricken out of this measure by the Finance Com- try~ had given this right to the American citizen, and the Committee mittee. Why was that done? Sir, it is a direct allegation upon their on Finance strikes it out, thereby affirming, if anything can be affirmed part that that ought not to be the la.w of the land. If that was not by action, that it did not propose to give that right to the importer. their intention, it is the most remarkable piece of suggested legislation . Now, Mr. President, one single word which I had not intended to say on the part of a committee that I have ever known in my public life. at tbistimeinregard to this whole bill. The SenatorfromNew Jersey Why were oot those words permitted to stay there? 1 IM.r. McPHERSoN] asks us, as if it were an argument, is there to be

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.. . " . ·' I • . •• ot .. 1890. CONGRESSIONAL RECORD-SENATE. 4007 :- · ..,. no end to controversy between the importer and the Government? He find that, taking the two together, it can not be pretended that there invokes, I suppose, the old maxim, btterest reipublicm ut sit ji11i8 litium, is any interception or denial of a :fuir consideration in this process of there must be an end of litigation. I admit that, and I am not here to exaction. • controvert that proposition. Whether right or wrong, whether I agree I will agree, :Mr. President, that when you have got through this with the tariff system or not, these taxes as they are upon the statute­ process of exaction there is then in the proper court the right to say book should be collected honestly, faithfully, rigidly; but I say in do­ whether the exaction has been contrary to law, and then you may find ing that this great Government, the greatest upon earth, should treat some criticism upon the process by which t.hatexactionisfinallyreached its citizens honestly and fairly and should treat no man with in­ and finallv determined; but, in my opinion, the right of a citizen to justice because he follows an honest and legitimate pursuit. I have have it adjudged in court in some form or another that the exaction had occasion to say before, and I say here now, that because a man which has been taken from him is not by the law of Congress, but by is an importer of foreign merchandise he should not be divested of the error of a collector or a Secretary of the Treasury, never can be his rights under the law, and it would be a libel upon a republican and should never be taken away. Nevertheless I am quite ready to •••,, t form of government if any man, because he was engaged in any pur­ recognize this necessity of the process of exaction making it important suit legitimately and protected by the legislation and Constitution of that there should be a prompt, an adequate, a speedy, and yet a legal the country, should be treated as if he were a law-breaker by reason of disposition of this point that I now designate as the question whether the fact that he is engaged in a certain avora tion or line of business. the exaction was taken by law or by will of administration. Let me say now to our friends on the other side that they shall not Now, to this very point, I have conferred with the merchants, and escape discussion of this bill by attacking the system under which there they have conferred with the Finance Committee. I have given them have been abuses in the city of New York. There is no system in any my judgment that there is nothing in the text of this procedure that country for the collection of revenue that is not abused, and to say that excl ndes the idea by law of an att-endance of counseL I can not think '. tmder any revenue law there will not be abuses is to declare that the mil­ that the process can at all be regarded as like that of a court. It is an lennium has already come and that men have become angels or are lifted inquisition by the Government into the very thing that is before it in up to gods. The temptation is too great; the idea is too prevalent that the aspect of what will follow in regard to it from designating and iden­ whatever you can make off the Government is legitimate and proper; tifying it. Now, in very many, I should say in the great mass of these and any man who has remained in the city of Washington for three inquisitions, neither the law in any general interpretation of it nor the weeks, to say nothinl! of ten years, knows what I mean. function of a lawyer in construing the law would find any place what­ .... -. I am not here to defend these abuses, but let me say to my friend from ever; and the Senators will understand that this business of importa­ Iowa that a complete answer to what he has said to-day is to be found tion underrunning the entries and the invoices through the process of in the fa-ct that when the great right of trial by jury by the House bill appraisal by no means carries any idea that any great mass of them in­ was taken away from the importer-and I am not here to controvert that volve disputes or difficulties. action and to insist upon the right of trial by jury, for that is not ger­ Now comes the question, when an appraiser or an expert in that sense mane to this portion of the discussion at this time-but when the House being an appraiser has come to a conclusion regarding the very fabric took away the right of trial by jury they gave to the importer some before him. whatever its qualities may be, and there is an appeal to rights in order to show that this whole proceeding was not vindictive or another inquisition by three, whether it will do to say that the ade­ oppressive or intended to rob any American citizen of any constitutional quate and useful procedure ofinquisitionis to be improved by the man or legal right, and one of them was the right to appear by counsel, the who carries with him the knowledge as well as the fabric up to the most apparent right that is given to the poorest and :meanest citizen in appellate court and there is associated with the other two in knowing any free government; the right to look the witnesses face to face, the what and why and wherefore there bas been an appraisement below• .right to croEs-examine, the right to avail yourself of trained and experi­ In my judgment that will never do. Certainly, if you have three in­ enced counsel whose services are legitimately purchased in the line of dependent appraisers- and the subject is novel or difficult on this very their avocation; and when that right was given upon the face of this matter of appraisement, no such board, in my judgment, would go on bill the Senate Finance Committee struck it out and then come here adequately in their disposition of the questions without calling to their and undertake to tell us that it was not their intention to do that, but aid the information and the reasons and the investigation that the first simply to leave the law as it had been; that is, within the discretion of instance of examination had produced. this tribunal which they admit themselves; not to be a court of law, but Is it, therefore, important, is it tolerable, perhaps, that you sbould to be an ex parte star chamber. have the necessity of these judicial examinations and opportunities of :Mr. EVARTS. Mr. Pr~ident, the transaction of every government, judicial reversal in what pertains wholly to the stages of exaction? It and not less by our Government than by that of a State, in the collec­ is in that point of view that I havenot thought it useful in either form tion by tax or duti~ of the eontribution to the expenses of the St.ate, of conferring rights, and certainly not of excluding them, to insert this is never regarded and never by possibility ean beeome a judicial pro­ provision for counsel in the process of exaction. ceeding. It is an act of authority absolutely necessary, which must I sball have occasion to present, very much perhaps in the same view proceed in the greatest interest of the whole community, and is not to as that of the Senator from Missouri, when we get into the court, the be interrupted or retarded unnecessarily beyond a provision of intelli­ need of having there a legal decision by a legal tribunal, under the genee and integrity in the exaction. I will not anticipate a discussion Constitution according to the procedures, to P.etermine questions of in regard to what amendments should be made to this bill as to what law and of fact there, and I will not anticipate the suggestion tha~ there takes place in court. I have an amendment which I suppose will open is a one-sidedness in the provision that it shall be a matter of right for the mouths of importers and open fully the power of a -court then to the Government to go up and a right only 9f the merchant with the settle according to law whatever is in controversy, and ''.according to approval of the court; I will not anticipate that consideration now. law," in my judgment, involves the trial by jury. Therefore we shall But that procedure of exaction is not a judicial proceeding. Like any not mix these two stages of the protection of the importer. I ha>e other administrative function that we are familiar with in so many given the greatest attention, with solicitude and with many consul­ divers relations of our Government, it involves judicial action and tations with the merchants of New York, and have desired that they judicial mind and judicial intent and judicial integrity, but you can should be made to understand the discrimination between the process never out of that extract necessity for the formalities and solemnities of exaction and the process by which thelawcan be appealed to through that be1ong to judicial examination. the courts under the Constitution to rectify what is wrong in exaction. Mr. GRAY. I did not understand, Mr. President, that the amend­ "But I never have undertaken andcouldnothave. with my intelligence ment offered by the Senator from Missouri w.as antagonistic to the of the subject or my view of this broad distinction between the exac­ purpose and object of this bill, but it was meant, so far as I could tion of a ta.x or duty and an appeal to the courts, to decide whether understand it, to be promotive of its end, and to perfect the details of this exaction or this dnty was contrary to law. the machinery that the bill provides for the prevention of fraud and These methods adopted in this administrative bill undertake to give for the speedy ascertainment of values. rapidity and at the same time attention and impartiality to the vari­ There are many objections to this bill as it is reported from the ous stages of exaction, and with a fuller and better and a much more Finance Committee, but they do not apply to the subject-matter t4 trustworthy establishment for examination than has ever existed be­ which this amendment is offered, in my opinion. The bill if it should fore. -pass in its present shape, I am· free to confess so :fur as I am able to Our boards of appraisers from top to bottom are, I believe, filled by comprehend its scope, will be a bill of abominations. But there are I merchants. At any rate, I have observed, in such form as I could have features in this bill which are valuable, and notably the one which influence, an adhesion to the proposition that it was a matter for the has come under discussion by the amendment of the Senator from merchants according to the established rule of our law and the decis­ Missouri, thepro.,..ision for general appraisers and for a speedy and prompt ions of our .courts, that the phraseologies of the tariff laws were to be appraisement of the value of merchandise. So I thinktheRenatorfrom construed and understood as matters oJ impartial use and impartial New Jersey was mistaken in supposing that the amendment of the interpretation. Senator from Missouri, who is ofthesame opinion as I am, was hostile Then we have these succeeding stages by which through these com­ to that feature of the bill. I think that the provision made by this bill petent investigators-for that is the proper description of them and for general appraisers is an improvement upon the present system and -. their function-in these methods of exaction, and provided '\vith re­ will promote the speedy and reasonable performance of the very diffi­ course to law, with adequate freedom, to have an intelligeRtdisposition cult function of appraisement and ascertainment of the value of im­ of the matter according to law by a competent court. Then you will ported merchandise. Bu:, nevertheless, there is .no reason why we

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4008 CONGRESSIONAL RECORD-SENATE. APRIL 30,

should not scrutinize this provision and endeavor to remove from it de­ considerations of that kind would be sufficient tn stimulate the care fects and improve it, if in our own opinion it can be improved. The and scrutiny of the Senate to see that the functions of this board are so amendment provides that upon this appeal by the importer or by the performed that we may exclude as far as possible all suspicion of un­ collectorthreegeneralappraisers appointed bytheSecretaryoftheTreas- fair dealing or of one-sided action by a body armed with powers so ter­ ury or the collector-- · rific as those I have described. Mr. ALDRICH. By the President. Mr. .McPHERSON. Will the Senator from Delaware yield to me Mr. GRAY. By the President-that no one of the appellate board for a single question in that connection? shall have sat or been a party tQ the appraisement appealed from. The The PRESIDING OFFICER. Does the Senator from Delaware obvious justice of this is met by the Senator from New Jersey by stating yield? · that there are difficulties in the way, that it will be expensive and :Mr. GRAY. Certainly.

troublesome to perform this act of obviousjnstice for a1man who would Mr. McPHEHSON. I ask the Senator if he has read the bill suf­ find that a large part of his substance is involved in the decision of ficiently to inform himself as to the object and purpose of the commit­ these executive officers. tee beyond the point which be seems to be arguing with such empha­

I would not take issue with him as to the exact quantum of trouble sis, that there is no point beyond the decision reached by the board of 1 or the exact quantum of expense involved, if an important o~ject is to appraisers, and if the public or the importer has any rights whatever. be attained in getting at a just decision, getting at a true appraisement, If he will turn to page 22 of the bill he will find that if the importer and avoiding the difficulty that always comes when there is in the com­ of the goods is still dissatisfied an appeal may be taken to a court; that position of the appraising board anything that militates against the en­ the court may not only review the testimony, the law, and the facts, tire fairness and the entire impartiality of the decision that is given. but it creates a court officer and sends that court officer where investi­ But, Mr. President, there is another view to be taken of this matter. gation may be made, and all the additional testimony comes before it. I should endeavor to make this board of appraisement, final as it is, one Why, then, does the Senator say that the decision of the board of three above suspicion, one that by its composition c..'tn not be reflected upon appraisers is final and conclusive? by parties whose interests are affected by its action; for it will be rec­ Mr. GRAY. Because the bill makes the decision of the three ap­ olJected that these appraisers, in the performance of the duties imposed praisers as to value final and conclusive, and the difference between upon them by this net, may take from the citizen the property that is the opinion of the appraisers and the man w bo made the invoice on the involved in their decision. other side of the ocean, if it amounts to 10 per cent., is sufficient of They may subject him by their action to a forfeiture of all ihe mer­ itself to compel him tQ incur the penalty of an additional exaction , chandise with reference to which their appraisement or reappraisement amounting to one-fifth or possibly one-hall of the value of the mer­ is sought, since by this very bil1, if these appraisers shall, in the per­ chandise imported. If the difference amounts to 40 per cent. the im­ formance of the duty imposed upon them by this act, find that the porter forfeits the whole. value of the imported merchandise exceeds the value stated in the in­ Mr. McPHERSON. The SenatQr will permit me further. He is still voice by so mucii as lO.per cent., then the importer is subjected to pen­ mistaken, and I know he does not want to be ·mistaken or to misrepre­ alties and to consequences of a most serious character, amounting in sent the matter. Let me call his attention to page 22 of the bill, where S('me cases to the forfeiture of the goods upon the mere finding of these these matters are sent to the court. It says: appraisers. .And yet objection is made here upon this floor to any In such order and under such rules as the court may precrlbe; and such fur­ amendment going to purify and purge this board of a-ppraisers from the the-r evidence with the aforesaid return- suspicion even of having in its composition any partial or one-sided The return of the board of appraisers, it means-- element.. shall constitute the record upon which said circuit court shall give priority to They may go further. They may by their finding, if it shall create and proceed to hear and determine the questions of law and fact involved in a difference of 40 per cent. or more between the appraised value and such decision. the invoice value, subject the importer to a criminal prosecution and In short, if the Senator will permit me further-- to a penalty that in some cases will send him to jail for two years and Mr. GRAY. I should prefer. to proceed with the little I have to subject him to a fine not exceeding, I think, $5,000 or some such sum say. I thought the Senator wanted to ask a. question. as that. So, then, here is this board of appraisers a.rmed with these .M:r. McPHERSON. But I wanted to call the Senator's attention to tremendous powers affecting the property-rights and affecting the lib­ this matter. ' erty of the citizen in their ~inal result, and yet objection is made in a Mr. GRAY. Now that the Senator ha.sca.Iled my attention to it, let matter so important as that because of the little expense of travel which me call his attention to the first part of this section; and it confirms would be en tailed by this amendment, as a sufficient answer to the propo­ what I said a moment ago, that the scheme of this bill provides that sition. the action of the appraisers as to value shall be final. I do not object Mr. ALDRICH. Will the Senator from Delaware allow me a mo­ to that. I think we must arrive at a point somewhere where that mat­ ment? ter of fact must be ascertained. It is a very important function to the The PRESIDING OFFICER (:Ur. HARRIS in the chair). Does the interest concerned, I admit, and therefore we should guard the per­ Senator from Delaware yield to the Senator from Rhode Island? formance of it by such provisions as the Senator from Missouri has Mr. GRAY. Certainly. offered by his amendment, and any others that may be necessary to Mr. ALDRICH. Will the Senator kindly point out any provision protect the rights of a citizen. But still it remains that to carry out of this bill which gives the board of general appraisers the right to de­ this scheme of taxation by customs duties we must somewhere have cide any question finally which would involve the liberty of the ·citi­ the opinion as to the value of an officer whose opinion shall be finaL / zen? However, as to that there is no appeal, unless I have tQtally mistaken :Mr. GRAY. Mr. President, it is serious enough, in my opinion, if the framework of the bill. Section 15 provides: these appraisers are armed with a power that may mulct the importer to That it the owner, importer, consignee, or agent of anyimportedmerchandise, or the collector, or the Secretary of the Treasury shall be dissatisfied with the the extent of a forfeiture of a whole or of a part of the merchandise decision of the board of general appraisers, as provided for in section 14 of this that he is importing. That is serious enough. But there may be an net, as to the construction of the law and the facts respecting the classification ulterior consequence upon their action more serious still, and if the of such merchandise and the rate of duty imposed thereon- Senator will look to section 9 he will find that it reads: 'rhen there may be this reference to the court. This is another feat­ SEc. 9. That if any owner, importer, consignee, agent, or other person shall ure of the bill which I am not discussing at all; and, if the Senator make or attempt to make any entry of imported merchandise by means of any from New Jersey will pardon me, I do not think it necessary to go into fraudulent or false invoice, aftidavit, letter, paper, or by means of any false state­ ment, written or verbal, or by means of any false or fraudulent practice or ap­ any further examination of what he has just called my attention to. pliance whatsoever, or shall be guilty of any willful act or omission by means I am considering merely this matter of perfecting, as it seems to me, whereof the United States shall be deprh·ed of the lawful duties, or any por­ by reasonable safeguards the machinery of the board of appraisers so tion thereof, accruing upon the mercbandifje, or any portion thereof, embraced or referred to in such invoice, affidavit. letter, paper, or statement, or affected that there may be no reasonable objection or criticism upon their action by such act or omission, such merchandise, or the value thereof, to be recovered when it is had, and I have pointed out, in order to stimulate attention from the person making the entry, shall be forfeited, which forfeiture shall only to this important matter, the very serious consequences that may re­ apply to the whole of the merchandise or the value thereof in the case or pack­ age containing the particular article or art1cles of merchandise to which such sult from the performance of this duty by this board to the rights of fraud or false paper or statement relates: nnd such person shall, upon convic­ property and even to the rights of liberty of a citizen who happens to tion, be fined for each offense a sum not exceeding $5,000, or be imprisoned for be an importer. a time not e.xceeding two years, or both, in the discretion of the court. Now, I would not stop there. I would provide, as the bill provided It is true a pro~ecution under that section is not set in motion di­ when it came from the other House, that in the performance of this rectly by these appraisers, but in the trial of an indictment found under most important duty the importer should have the right, not the privi­ the section the fact that there is a discrepancy between the invoice lege, but the right, to be present personally or by counsel before this ' value and the appraised value is made presumptive evidence of a false board of such high powers, in order that he may avail himself of that invoice and the importer is called upon (reversing all the presumptions common right, as we have come to think it, of an American citizen to and maxims of the common law) to prove affirmatively that such dis­ be present and act as he has a right to act when his rights of property crepancy was not intentional and not willful. or person are at stake. So I still contend that the ultimate effect of the action of these ap­ This bill certainly does prevent that right from being enjoyed. The praisers may be to deprive the citizen of his liberty as well as to mulct junior SenatorfromNewYork [Mr. HrscocK) said that that right was him in this serious amount by a fine; and therefore it seems to me that guarantied by the general law; that bP.fore every court having a judi- '· •·.

..., ' ' 1890. CONGR:IpSSIONAL RECORD-SENATE. 4009

cial function to perform a party interested might appear in person or by to an importer who applied to appear before the board in person or by his counsel. . counsel? · Mr. HISCOCK. I should like to understand how I have been quoted. .Mr. HISCOCK. Taking in connection with its being stricken out the Mr. GHAY. I quoted the Senator from New York as I understood declarations, if they were desired to he governed or influenced by the him a few moments ago in a colloquy with the Senator from l\fissouri RECORD,, they would have the discussion that has transpired here, that to say, when his attention was called to the fact that there was no pro- possibly might remove from their minds any hesitancy in reference .to vision in this bill to secure to the importer the right to appear before that matter. Tae Secretary of the Treasury would have it before him. this board of appraisers in person or by counsel, that such a right was I mean if they are going into that class of evidence and consider that guarantied by the constitution of such a board, having judicial func- class of evidence to determine how they will exercise "that discretion. tions. Mr. GRAY. If they are to go into that class of evidence, the board Mr. HISCOCK. Oh, no. I said-- of appraisers would have one opinion when they read the remarks of Mr. GRAY. If I am wrong I shall be glad to be corrected by the the Senator from New York and they would be driven to quite another Senator. when they read the remarks of the Senator from Iowa. But, be that Mr. HISCOCK. Certainly the Senator is wrong. What I did say as it may, it is idle to discuss this matter, because, as I have said at the was this: I said that gentlemen were asking us to go further, and ask- outset, the motive of the Senator who offers this amendment, as I have ing the Senate to go further in the construction of this b~ll with refer- understood it, was merely to perfect and improve this piece of machinery, ence to the hearings before and the dut,ies to be discharged by thi3 which I concede is when put in proper shape an improvement upon the board of appraisers than was ever asked or songht with respect to general scheme of ·appraisal tor customR duties as it .now exists, and courts; that in the preparation of bills or in the praparation of a code that is alJ. But it does seem to me that so important a matter aB of procedure for the practice of a court we were never expected to enter this should be guarded both by the provision offered as an amend- . into those details. That is what I said; that you were trying to push ment by the Senator from Missouri and also by the further safeguard us even beyond the line of legislation usually exacted in cases of this that the party interested, to wit, the importer, shall have notice of kind. every appraisement and shall be permitted to be present to protect his Mr. GRAY. Now, I do not think I misunderstood the Senator from interests when that important function is being performed. New York. l\Ir. Presi.dent, I do not want to consume time about this matter. I Mr. HISCOCK. I must say that if the Senator understood me other want to get through with it and to see the Senate get through with it. than as I have stated now I was very unfortunate in my expression. But let Die call the attention of the Senate to this important proposi- Mr. G HAY. That may be; and if the Senator from New York will tion, that although the power to levy and collect taxes is ample and allow his remarks, as of course he will, to appear in the RECORD un- complete in the Federal Government, as ample and complete as it can corrected, I think he will see that I am right. Of course one of us exist in any sovereign, yet it has b~.n decided by the courts that in may be mistaken, bnt the Senator from New York certainly gave the the performance of the duty that is imposed by law upon assessing and impression, by what he said in answer to the charge made by the Sen- collection officers some notice apd some regard shall be taken of the . ator from Missouri, that there was no provision in this bill securing the rights of the tax-payers, and though as to amount there is no con troll­ right to appear before this board of appraisers in person or by counsel; ing of the Government, though as to the manner of asse...<~Sing and col­ that such a right existed without a specific provision being incorpo- lecting there may be no restriction as to how that important power rated in the bill. shall be exercised, yet there is inherent in the Constitution of our 1\fr. HISCOCK. I did not say anything of the kind. On the other I American governments, State or national, this principle, that though hand, I say most emphatically that it does not. you can take the last dollar from the pocket of the citizen by way of Mr. VEST. The Senator certainly said that, or else I can not hear. taxation, though you may do it in a manner as harsh and inconven­ Mr. HISCOCK. What I say is that the power to appear before the ient and hara..~ing as possible, yet before the final act is completed, appraisers and before the appellate board does nota.c; a m~tterofright before the last dollar is taken, there must be an opportunity some­ belong to the importers or to the parties who are interested in the mat- where or somehow for 'a hearing. There must be an opportunity for ter before them. I expressly announced it. I said further that that the person who is to be so affected to say or resist or explain or do right did not exist to-day before the appraiser or before the general -ap- what he can to modify the administration of the law. That principle praisers, and that the structure of this bill in that respect was like the is inherent in our scheme of government. Let me read now-and I present law. And I say this further (I do not know that I said it will not detain the Senate any longer-what Cooley on Taxation says then), that all that matter is the subject of regulations by the Treasury about this matter: Department, and in all cases doubtless as exigencies shall be presented Upon this subject there is a. general concurrence of authorities in the affirm­ those rules of procedure will be adopted that will secure to every one ath·e. ltis a fundamental rule that in judicial or quasi-judicial proceedings at- . · ht th t b · · d b th · · f th' b'll fecting the rights of the citizen be shall have notice and be given an opportu­ h lS ng s, SO a. no one can e lUJ~re . Y ~ prOVlSlODS 0 lS 1 • nity to be heard before any judgment, decree, order, or demand s'hall be given It was deemed WlSe to lodge that d1screbon Wlth the Secretary of the I and established againsL hiru. Tax proceedings are not in the strict sense judi­ Treasury rather than to be so critical in the language of the law cial, but they are quasi-judicial, and, as they have the effect of a judgment, the Mr GRAY Mr President the Senator from New York will ~very reasonswh~ch require notice of judicial P!"oceedings are AJ.ways present when · . • . · . ' . the conclusive steps are to be taken. much surpnsed m the morrung when he reads the language that he did Provision for notice is therefore part of the "due process of law" which it use as it will be printed in t.he RECORD because certainly my friend is ha.s been customary to provide for these summary proceedings; and it is not to · tak bo t th t a1' t f h t h ·a · be lightly assumed that constitutional provisions, carefully framed for the pro- con jiuse d or mta en a U e na ur purpor .o W .a e sat 1D an- tection of property rights, were intended or could be construed to sanction swer to the charge made by the Senator from MlSSOurl. I understand legislation under which officers might secretly assess the citizen- him~ say now (and I can not i~agine what. pertinenc~ what he says And that is what you do here if you do not permit him to be present now rn regard to courts can havem the premiSes unless 1t means that) in person or by counsel- that there is a right·to appear before such a board without reference to which officers might secretly assess the citizen for any amount in their discre- any specific statutory provision granting such a right. tion, without giving him an opportunity to contest the justice of the assessment. Mr. GHRISACYOCKW. llOhh, no.. h . ht d th S to f I ~! t:: fi~~~~j:~~1::~£'j~~~:wl:~~n~~E~~fi~~~~:d~~~n~~b~~~~~~~Z::!d7t Mr. · e , t ere 1'3 no sue ng i an e ena r rom owa has also 6een justly observed of taxing ofi.icers that "it would be a dangerous i [1\ir. ALLISON] afterwards distinctly announced that fact when he said precedent to hold that any absolute power resides in them to tax as they may that they struck out the provision giving that right substantialJy in choose without giving any notice to the owner. It is a power liable to great the bill as it came from the House, because from the foundation of the abuse;" and it might safely have been added, it is a power that under such cir- cumstances would be certain to be abused. "The general principles of law ap- Government down till now no such right had ever been asserted or plicable to such tribunals oppose the exercise of any such power." Tnis being grant.ed or recognized. the case, it is not to be supposed that the Legislature by any ambiguous or Mr. ALLISON. I trust the Senator from Delaware will not misun- doubtful language has undertaken to confer it. All reasonable presumptions derstand me. I said that from the foundation of the Government no in construction should favor justice and right. such statute had been putuponourstatute-book; that no such require- And there I agree with the Senator from New York, as I understood ment had been made by law; and I insist upon that now. him at first, that there would be here an inherent right in the importer Mr. GRAY. Then the Senator from New York and the Senator from to appear before such a board, even without any express language con· Iowa in their diverse positions in regard to this bill, as I think it will ferring that right. appear when the RECORD comes to be read in the morning, still are It is not customary to provide that the tax-payer shall be heard before the 88- driven to explain this: If that right is not sought to be denied, if you sessment is made, except where a list is called for from him; but a hearing is given afterwards, either before the assessors themselves or before some court are willing that this commonest right of the citizen should be enjoyed, or board of review. And of the meeting of that court or board the tax-payer why is it that you have stricken out of this bill a provision in it as it must in some manner be informed, either by personal notice, or by some gen- me from the House securing that right in these words? eral notice which is reasonably certain to reach b~, or, which is equivalent, ca by some general law which fixes the time and place of meeting, and of which The owner, importer, consignee, or agent of imported merchandise subject to he must take notice. The last is a common method of bringing the assessment a reappraisement by the board of general appraisers shall have the privilege of -to the notice of the tax-payer, and it is perhaps the best of all, because it comes being present with or with counsel, as he may elect. to be generally understood, and is remember~d. What board of appraisers, with .this history of the passage of this Now, 1\Ir. President, it would seem that this provision, not intention- bill before them and with the fact pointed out to them that this right ally: but it seems to me negligently, has been left unguarded in this, attempted to be given by the House of Representatives to an importer that when this board of appraisement or reappraisement sits to deter­ was stricken out in the Senate, weuld ever dare to grant such a right mine the value upon which duties are to be assessed there is not pro- . - ) ..... ·. 4010 CONGRESSIONAL RECORD-SENATE. · APRIL 30,

vided any way by which the importer shall be notified of the time and ing at Fremont, Nebr.; and it was thereupon signed by the Vice-Presi­ place of the sitting, and no provision is made for his convenient attend- dent. ance in person or by counsel. RATE OF INTEREST ON TAX ARRE.A.R.AGES. PUBLIC BUILDING AT FREMONT, NEB&. The VICE-PRESIDENT. The Chair lays before the Senate a con­ Mr. SPOONER. Mr. President, I present a privileged report. current resolution of the House of Representatives. The attention of The PRESIDING OFFICER. The report will be read. the Senator from Tennessee [Mr. HARRIS] is requested. The Secretary read n.s follows: The concurrent resolution was read, as follows: The committee of conference on the disagreeing votes of the two Houses on Resolved by the House of Repruentatives (the Senate coneurring). That the en­ the amendment of the Senate to the bill (H. R. 533) for the erection of a public rolled bill of the House (H. R. 5179) fixing the rate of interest to be charged on building at Fremont, Nebr., havins:r met, nfier a full and free conference have arrearages of general and special taxes now due the District of Columbia if paid agreed to recommend and do recommend to their respective Houses as fol­ within a time specified, recalled from the President by resolution of the 18th in­ lows: stant, be returned to the President. That the House recede from its disagreement to the amendment of the Senate to the bill and agree to the same with an amendment, namely: 1\Ir. HARRIS. I ask the unanimous consent of the Senate to con­ Strike out all of said amendment n.nd in lieu thereof insert the following: sider that resolution at this time. The bill passed both Houses and " That the Secretary of the Treasury be, and hereby is, authorized and directed went to the President, and about a week ago the House, by concur­ to acquire, by purchase, condemnation, or otnerwise, a site, and cause to be erected thereon a suitable building, including fire-proof vaults, heating and 'l'en­ rent resolution, asked its return. They send the resolution to us, tilating appamtus, ele,·ators, and approaches, for the use of the United States which proposes to send the bill back to the President. Government offices in the city of Fremont and State of Nebraska, the cost of The VICE-PRESIDENT. Is there objection to the request made by such site and building complete not t{) exceed the sum of$60,000. "Proposals for the sale o{ land suitable for said site shall be invited by public the Senator from Tennessee? The Chair hears none, and the resolu­ advertisement in one or more of the newspapers of said city of largest circula­ tion will be considered as agreed to. tion for at least twenty days prior to the date specified in said advertisement ,' for the opening of said pt·oposals. Proposals made in respolll!e to said adver­ ARIZONA FUNDING ACT. tisement shall be addressed and mailed to the Secretary of the Treasury, who The VICE-PRESIDENT laid before the Senate the action of the shall then cause the_said proposed sites, and such others as he may think proper to designate, to be examined in person by an agent of the Treasury Department, House of Representatives, non-concuning in the amendments of the who shall make written report to said Secretary of the results of said examina­ Senate to the bill {H. R. 3365)approving, with amendments, thefund· tion, and of hill recommendation thereon, and the reasons therefor, which shall ing act of Arizona, and requesting a conference on the disagreeing be accompanied by the original proposals and all maps, plats, and statements which shall have come into his possession relating to the said proposed sites. votes of the two Houses thereon. "If, upon consideration ofsaid report and accompanying papers. the Secretary Mr. PLATT. I move that the Senate insist upon its amendments of the Treasury shall deem further investigation necessary, he may appoint a and grant the conference requested by the House of Representatives. commission of not more than three persons, to be composed of an officer of the Treasury Department and two other persons, which commission shall also ex­ The motion was agreed to. ·a.mine the said proposed sites, and such others as the Secretary of the Treas- By unanimous consent, the Vice-Pre::."'ident was authorized to ap­ ury mav designate, and grant such hearings in relation thereto as they shall point the confere~ on the part of the Senate; and Ur. JONES of M­ deem necessary; and said commission shall, within thirty days after such exam­ ination, make to the Secretary of the Treasury written report of their conclu­ kansas, Mr. CULLOM, and Mr. MANDERSON were appointed. sion in the pl'enl.ises, accompanied by all statements, maps, plats, or docu­ TERRITORY OF OKLA.HOM.A., ments taken by or submitted to them, in like manner as hereinbefore provided in regard to the proceedings of said agent of the Treasury Department; and The VICE-PRESIDENT laid before the Senate the following mes­ the Secretary of the Treasury shall thereupon finally determine the location of sage from the President of the United States; which was read and or­ the building to be erected. The compensation of said commissioners shall be fixed by tho Secretary of the Treasury, but shall not exceed $6 per day and act­ dered to lie on the table: n&l traveling expenses: p,·olJided, however That the member of said commis­ To the Senate of the United States: sion appointed from the Treasury Deparlment shall be paid only hi!{ actual In compliance with a resolution of the Senate (the House of Representatives traveling expenses. concurring) I return herewith Senate bill895, entitled ''An act to organize the "No money shall be used or applied for the purposes mentioned until a valid Territory of Oklahoma, to establish courts in the Indian Territory, and for other title to the site for said building shall be -vested in the United States, nor until purposes." the State of NebraskA shall have ceded to the United States exclusi-ve juris­ BEN.J. HARRISON. diction over the same, during the time the United States shall be or remain the EXECUTIVE l\lANSION, ApriL 30, 1890. o'Wtler thereof, for all purpo.-.es except the administration of the criminal laws of said State and the service of civil process therein. HOUSE BILL REFERRED. ~· The building herein provided for shall be unexposed to danger from fire by The bill (H. R. 9548) providing for the classification of worsted cloths an open space of at least 40 feet on each side, including streets and alleys." Amend the title so as to read: •• An act to provide for the purchase of a s.ite and as woolens was read twice by its title, and referred to the Committee the erection of a public building thereon at Fremont, in the State of Nebraska, on Finance. and for other purposes." And the Senate agree tJ-th~~aQeSPOONER, CUSTOMS ADMINISTRATION. .TUSTIN 8. MORRILL, The Senate, as in Committee of the Whole, resumed the considera­ G. G. VEST, tion of the bill (H. R. 4970) to simplify the laws in relation to the col­ Managers on the pa1-t of the Se1w.te. lectionofthe revenues, the pending question being on the amendment S. L. MILLIKEN, P. S. POST, proposed by Mr. VEST. .J. H. BANXHE.A.D, Mr. ALDRICH. Mr. President, I do not intend to follow the Sena­ Managers on the part of the Houie. tor from Del a ware in to a general discussion of the principies of the bill Mr. SPOONER. Mr. President, the substantial difference between or of any of its provisions not involved in the amendment under discus­ the Senate and the House of Representatives on this bill, and the same sion, except so far as to say that there is nothing in the ninth section or thing is true of all other public-building bills, was that we passed the in the seventh section or in any other portion of the bill which seeks to ... bill with an appropriation clause in it and the House struck it out. punish offenders by fine and imprisonment by any other method than The Senate conferees agreed to the Honse amendment, so that the bill jury trial and a conviction in accordance with the forms of law, and will stand without the appropriation clause. The only other changes there is no provision in the bill wbieh makes the decision ofthe boards made by the committee of conference were to adopt the remainder of of general appraisers upon any question competent evidence at such the blll so as to conform to that change. trial. Xbe PRESIDING OFFICER. The question is on concurring in the If my friend from Missouri bad given this measure the same careful report of the committee of conference. consideration which be usually accords to revenue bills pending in the The report was concurred in. Senate, he would ho.ve found that the section now under consideration MESSAGE FROM THE HOUSE. does not refer at all to decisions of the questions of law and fact in­ A message from the House of Representatives, by Mr. McPHERSON, volved in the classification of imported merchandise or to the decisions its Clerk, announced that the House insisted upon its amendments to of appraisers from which an appeal can be taken to the circuit court or ,.• I the bill (S. 859) for the erection of a public building at Chester, Pa., the Supreme Court of the United States. agreed to the conference asked by the Senate on the disagreeing votes It relates only to decisions of the gen~ral appraisers upon questions of the two Houses thereon, and had appointed Mr. MILLIKEN, 1\Ir. of value, and does not change the role of existing law which makes D.A..RLINGTON, and Mr. DIBBLE managers at the-{}onference on the part such decisions final in all cases. of the House. At the port of New York, where a large proportion of the importing The message also announced that the House had disagreed to the business of the country is done, the entries of imported merchandise amendments of the Senate to the bill (H. R. 3365) approving, with average in number from two to three thousand per day. Now, it is amendments, the funding act of Arizona, asked a conference with the possible that the questions of value in each one of these entries may come before this board of general appraisers for review. The mere Senate on the disagreeing vot~-of the two Houses thereon, and bad ap­ pointed M:r. BAKER, M:r. DoRSEY, and !lfr. SPRINGER managers at statement of this possibility I think sufficient to convince Senators that the conference on the part of the Honse. if we are to exclude the appraiser who acts upon the rase in the first The message farther announced that the House had passed a. bill (H. instance from the appellate board in all cases it would be physically R. 9548) providing for the classification of worsted cloths as woolens; impossible for any number of general appraisers who may be at any in which it requested the concurrence of the Senate. time on duty at the port of New York, or who under the provisions of this bill may be appointed by the President, to discharge the do ties E~TJtOLLED BILL SIGNED. which will be assigned to those officers. The message also announced that the Speaker of the House had Mr. GRAY. May I ask the Senator from Rhode Island a question? signed the enrolled bill (H. R. 5"33) for the erection of a public build- Mr. ALDRICH. Certainly. ·4 ', '•. 1890. CONGRESSIONAL REOORD-SENATE. 4011

1\:lr. GRAY. Th.e Senator from Rhode Island says that there ate eral jurisdiction. ..A. justice of tbe peace would resent any such infor· I .... some two or three thousand entries a day in New Yo.rk, and that.each mation as that. We know what the difference is. But the assumption ,·- one of those entries may be the subject of one of these appea.ls or re- on the part of the committee and of the member of it from New JeTSey appraisals. That is true, I suppose, because the language of the bill is was that the importer and the Gove!nment stood exactly alike before general, that any one who is affected and comes under its provisions this proposed law, rights and equal privileges, and when I show, as I may go before a board of reaJ>praisement; but is it probable or is it do show, that that is not the case, then we are told, "Well, that is true, likely that every one of them will so go? but this is a tax proceeding.'~ We must take things as they happen and consult human experience. .Mr. ALDRICH. Mr. President-- Thereare millions of contracts ma,de every day, and every party affected The PRESIDING OFFICER (Mr. H.AllRIS in the chair). Does the by a contract may go into court and nave his right to have that con- Senator from Missouri yield to the Senator from Rhode Island? tract judicially determined in some way. But we all know, as common Jlr1r. VEST. Oh, yes. experience shows, that a very small per cent. come, and our courts are Mr. ALDRICH. I suppose the Senator from Missouri will agree coDBtituted with reference to that common experience, and not with that they ::ue exactly alike in the bill as it now stands, except in regard reference to the possibility that every human transaction may be the to the provision for appeal from the circuit court to the Supreme Courl su.biec!i of judicial review. of the United States. In every other provision of the bill they stand Mr. ALDHICH. I do not think it is .at all probable that this entire exadly equal. • number of entries or any very large portion of them would be brought Ur. VEST. I undertook in my desultory and imperfect way to point before the appellate tribunal, but I do think that a number of cases of out other differences as to the manner in which they are treated. There appeal equal, at least, to that which is now, in thcordinarycourseofbn.si- is one right here, right in the door before us, that we shall fall oyer if ness, heard before the general appraiser 'ht New York upon reappraise- we do not go around; and that is, that the Government is always rep­ ment. would under the provisions of this bill be brought before the board resented by a paid officer as an appraiser, put there for that purpose, which we create. "The general appraiser at the port of New York is whose functions belong to the Government, who Iepresents the Gov­ now engaJ?;ed every business day or the year in the hearing and deter- ernment, and he is bound to be there, and not only to be there, but he mination of these questions, and it would be impossible in my opinion determines the whole question, and the very provision that gives the for boards cre.'l.ted from the limited number of appraisers provided for other party the right to be there either in person or by attorney as a in the bill, and who will have the additional and very important duty ''privilege,'' that is accorded to the meanest and worst criminal under of deciding upon questions of classification and from which the original codes which do not pretend even to be half civilized, .is stricken out by appraiser should be always excluded, to hear the cases which would the committee expressly and in so many words. arise in course of business .a.t the port of New York. Now, I grant you. Mr. President, if the argument of the senior Sen- 1 tllinkthejnnior Senator from New York has fairly stated the nature ator from New York is worth anything and is to prevail, we are sim.· of proceedings upon Ieappr::tisement. The ascertainment of value is ply here in the attitude of suppliants. When I say "we'1 I mean the not in the nature of a j udicia1 determination. It is the case of a board importeTS, for I represent all the people of this country-thank God, of experts deciding in a summary manner questions of value arising all of them-whether they bring in foreign merchandise or not; and I under our tariff laws. :We are not erecting a j udiciaJ tribunal to hear have never arrived at that de~ree of sublimation on the tariff question and determine causes as a court. The appraisers ex:amine the goods, wben I can see any difference between American citizens because some and from their expert knowledge, and from the evidence submitted to manufacture goods here and others bring in goods from abroad. them or such as they may obtain, their decision is reached. It is the But, passing that by, I affirm again that if we are hereto give anything act of assessors determining the value of property, and the presence Hke equal rights as to taking the property of a citizen, whether it be of an appraiser upon the board who is more familiar than the other mem- in the form of the imposition of revenue or not, we should at least bers with the merchandise, by reason of previous examination, works make a fair pretense of treating both _parties alike before the law, and· no injustice to any of the parties in interest. that I contend we are not doing. .Mr. HISCOCK. !vir. President, I only want to say a word in addi- Mr. ALLISON. Mr. President, I certainly do not wish to prolong tion to what I have before said, and that is to emphasize the fact that this debate, nor do I wish to be captious in the debate. I take it for these officers are all taxing officers and have only the functions of tax- granted that the Senator from Missouri represents, as he states he does.­ ing officers. I doubt if the Senawr from :Missouri or the SenatA>r from all of the people of the United States, ~nd not a part of them or a class Delaware can .POint to a statute, Federal or State, in which the right of them. I do not know that anything specially entitles him to stand has eYer been given affirmatively to a party to appear before a taxing and claim that distinction for pimself exclusively. I do not see any­ officer or a taxing bon.rd by counsel. It is a new de_parture, something thing in this procedure or in this bill that justifies the imputation im­ that never has been done. I will not say it never has been done; but plied in those remarks. in the volume from which the Senator from Delaware read no instance The trouble with this whole matter is, I think, that Senators who is cited. argue respecting it have not either had an opportunity, or, having had It is analagous to the case of au assessment by a ~ingle assessor, and that opportunity, have not availed thetruelves of it, of understanding then the board's meeting to hear complaints, if you please, with which the practical workings of the custom-house at the port of New Yo.rk. we are all familiar. In such cases persons are never authorized by That is the trouble in this case. We do not change in the slightest statute to appear by counsel; and yet I undertake to say that the prac- degree existing methods or existing customs upon this su.~ject, nor do tice has always been, wherever the argument of counse1 is necessary we change in the slightest degree in the regard argued by the Senator to enlighten the taxing officer and the taxing board, wherever there is from Missouri and the Senator from Delaware the law as it has stood . any good substantial reason why counsel should appear, as in cases be- upon our statute-books from the foundation of the Government to this fore the Secretary of the Treasury and before the collector, they are moment. always welcome, and their advice is received and due consideration Without having examined in detail, I will venture the statement given to it. Questions are argued at length, and doubtless a. great deal here that from the foundation of the Government to this moment.there of light is shed u_pon the matter by those arguments. has never been injected into a statute, or proposed to be injected into it, I say that it is pernicious for ns to commence now or to take now a a proposition such as is now advocated by these two Senators, namely, new departure with reference to taxing officers and treat them sub- that every man shall, as a matter of right which can not be denied . ,. stantially as courts or as tribunals to be governed by the rules and pro- him under any circumstances, appear before executive officers through ceedin~ of courts in reference to the discharge of their duties. counsel; and there is implied in that the further right to summon wit. .Mr. VEST. Mr. President, the provision, which is not now before nesses and to examine and cross-examine witnesses. tho Senate, in regard to the right of appearance on the part of the im- Is it contemplated for a moment by these two Senators, who thus porter, goes much further than an exclusion of the right to counsel. argue, that the custom-house could be administered in thecityofNew The provision as adopted by the House of Representatives is as follows: York at all under such a provision? I venture the statement without The owner. importer, consignee, or a.Jrent of imported merchandise subject fearofsuccessfulcontradictionthatthatcustom-housewonldbeswamped toR. r~appraisemel'l:t by the. board of general appraisers shall have the privilege in a week if this provision were inserted here and taken ad vantage of by of bemg presentwlth or Without counsel, as he may elect. the 10,000 or 15,000 lawyers who are in thA city of New York.' We Now, that is striCken out by our comrpittee, and it amounts to an want practical legislation here; and with all due deference to the Sen­ affirmation that he shall not have the right as a matter of law to be a tors I must say that I think the insistence upon this provision affirm· there at all, whether be.has a lawyer or not. The committee were not atively in the law wi11 absolutely prevent the execution of this proposed satisfied with shutting out the lawyeTS, but they shut out the party law. himself: If the assumption of the senior Senator from New York be Mr. VEST. The Senator will permit me tosllggestthatthat amend· correct, that this is all simply a matter of favor, that it is not in the mentis not before the Senate. The discussion was merel_y brought in. nature of a judicial proceeding, all our arguments and all the issues are lt'Ir. ALLISON. Very well; I was discussing it because others had simply "leather or I>runello," because what the Government seefl fit done so. to give it gives as royalty to him, but what it withholds it withholds Mr. VEST. Let me say in reference to tne Senator's assertion that as absolute power can do. we are arguing wit"hout information as to the ,practical workings of the As a matter of course, I ta'ke it the senior Senator from New_Yoik cusoom-bouse in the city of New York-- did not intend to insult tbe Senate by informing us as to the difference 1\Ir. ALLISON. I say I fear so. l may be mistaken. between .a tax: proceeding and a judicial proceeding in a court of gen- Mr~ VEST. Very good. It is true, and 1 admit it without any sort -. ,.. . . .J . I 4012 CONGRESSIONAL· REOORD-SENATE. APRIL 30,

of diffidence or shame, that I did not go to New York to examine the Mr. ALLISON. No, sir. custom-house. I am not a member of the Committee on Finance, and Mr. GRAY. Under the law is there not such an appeal? I have not had the peculiar sources of information which have been Mr. ALLISON. There is no such appeal on valuation. given to the Senator, but the Ways and Means Committee of the Honse Mr. GRAY. Oh, "on valuation!" of Representatives adopted this provision. Mr. ALLISON. This amendment applies to valuation. There bas Mr. ALLISON. Oh, no. never been an appeal on valuation, even to the Secretary of the Trea8- Mr. VEST. They did. ury. He bag no power over the matter. The decision of the merchant Mr. ALLISON. It was put on in hostility to the Ways and Means appraiser and the general appraiser or the umpire, the collector of the Committee by a vote of the House. port in case of difference, is :final and conclusive under existing law, Mr. VEST. Very good. It was put on by the House of Represent- and always bag been so. atives, then. Now. then, we come to the point made by the Senator from 1\fis- Mr. ALLISON. Very well. souri. I agree with him that we are arguing outside of the real ques- Mr. VEST. l twas put on by the House of Representatives with the tion at issue when we argue this point, but I did not begin the discus- New York delegation there, the largest delegation on the floor. sion of this branch of the case. Mr. ALLISON. Very well. Mr. VEST. Nor I. Mr. VEST. I take it for gra.ntM that there were members in that Mr. ALLISON. It was brought in here and it is an importantques- House who did know somethin~ about the practical workings of the tion, I agree. It is the question as to the right of the merchant to be custom-house. and if anybody is to be arraigned let the Senator arraign represented in person or by counsel. The Senator from Missouri says, the co-ordinate legislative branch of the Government. because we have stricken out this affirmative provision therefore we Mr. ALLISON. Mr. President, I arraign nobody, and I do not deny that right. Certainly not. wish to make llny imputation with respect to anybody, but when Sen- I venture the statement that as respects these very questions, when ators say that here is a provision which deprives the citizen of a right a merchant in the city of New York desires to be beard. before the col­ he has long enjoyed I must be permitted to say that the citizen never lector or before the appraisers, that right is accorded to him, but in the has enjoyed this right under the law; and to provide affirmatively for very nature of things this process can not be lengthened out into a ju­ it without lodging in these high appraising officers discretion will have dicial process whereby a merchant can bring forward witnesses with­ the e:ffect to swamp the custom-house in the city of New York. out number and be represented by counsel according to his own will, lli. GRAY. Will the Senator from Iowa allow me to ask him a without the exercise of that prudent and careful discretion which must question? be exercised by executil'e and administrative officers. Mr. ALLISON. Certainly. .Mr. VEST. Bnt·, if the Senator from Iowa will permit me, he cer- Mr. GRAY. The Senator says that this right to appear before the tainly does not wish to be understood as saying that the action of the board of appraisers by counsel or in person has never been enjoyed and committee now as recommended to the Senate goes to the extent only has never been secured by express legislation? that he h.llS named, the right to produce witnesses or to have a lawyer. Mr. ALLISON. I do. I beg the Senator's pardon, it goes much further. I say the Senator lli. GRAY. I ask the Senator whether there has ever been before certainly does not wish to be understood as stating that the action of in the statutes of the United States a provision such as this, providing the committee in striking out this House provision only goes to the ex­ for a court of general appraisers, so to speak. The provision being tent of refusing to the importer the right to appear by counsel or to entirely new, something incorporated into the body of the law which produce witnesses. This provision goes much further. It prohibits is meant to be a reform-and I have no doubt it will pl'OVe to be are- his personal presence if the appraiser sees proper to do so. form-I ask whether it is not quite pertineq!; to inquire whether in this Mr. ALLISON. Certainly. · new tribunal never before existing this right should not be secured, and Mr. VEST. Now, I want to ask the Senator if this bill passes as the when the right of trial by jury that heretofore has existed is stricken out. Senate Finance Committee has recommended it, strih.'ing out this House M.r. ALLISON. Now, I will answer the Senator. I wish to be per- provision, if it is not simply a question ofjndgment or discretion in the fectly frank on the subject. If I believed that any just right was to appraiser as to whether the importer shall he admitted at all into his be denied by the operation of this proposed statute I probably might presence when he decides this question. agree with the Senator. This is, I agree, a new provision respecting 1\fr. ALLISON. I certainly agree to that. the mode of the ascertainment of duties.. It has never existed before. Mr. VEST. I ask the Senator the further question, Is not the prac- It is in that sense an experimental provision, I agree, but in the par- tice now, under the existing law and under all past laws on this sub­ ticular in which it is now criticised there is no difference. ject, that the importer shall, if he sees proper, appear in person in order What has been the uniform custom for years? For many years there to be heard in regard to this val nation? was a sin2le appraiser to :fix the value of imported goods. Afterwards Mr. ALLISON. No, 1\Ir. President. there was a provision whereby when a merchant was dissatisfied with Mr. VEST. Is it not done every day? the appraisement of a single appraiser he was entitled to call in a gen- Mr. ALLISON. It is done every day, and it will be done every day, eral appraiser after the ~enera.l appraisers were authorized by law, and and it is a curious thing to me that Senators can not understand that 1 there was added to him a merchant appraiser, and these two, the mer- it is not necessary to enact a positive law here in order to have im­ chant appraiser and the general appraiser, re-examined the case. When porters come before these officers in a proper case. We have now gen­ the two disagreed, when one was in favor of one construction and the eral appraisers who receive $3,500 a year, including their expenditures, other of another, then the collector of the port came in as an umpire and a merchant appraiser who receives $6, $7, or $5 a day, whatever between them and decided for one or the other. it may be, and a collector of the port of New York. On proper occa- Mr. McPHERSON. With no power to change. sions they allow the importirs to appear. I ask Senators, is it to be pre- lli. ALLISON. With no power to change, as the Senator from New sumed that the men who are provided for in this bill as general apprais­ Jersey very properly states. These were the original processes of as- ers will set themselves up there a8 a sort of star chamber, as they have certaining value. First the appraiser, then the general appraiser and been characterized here, and exclude everybody, including the men the merchant appraiser, and then the collector of the port as an um- who have interests at stake and righm in peril, it may be? Surely not. pire, he then acting as an appraiser under the law. There never was But ~hat is proposed here is that the importer and his counsel may any appeal from that under existing law. That was :final and conclu- appear before these appraisers, and when? There is no limitation here. sive. There was no trial by jury upon that question, none thought of, Under this provision, as it came to us from the House, they would none dreamed of, none provided for. have a right to sit in the room with their counsel when these three Mr. GRAY. 1\Iay I ask the Senator from Iowa, for information, did men, this board of appraisers, were deliberatinli!;. Who ever heard of not that scheme of appraisement or reappraisement give to · the im- a court of justice, the Supreme Court or any other court, allowing men porter the right to choose the merchant appraiser? interested in the cause to appear during the deliberations of the judge Mr. ALLISON. No, sir. or the jury? The Senator may s:ty that is captious criticism. Mr. GRAY. It did not.? Mr. VEST. Rather. Mr. ALLISON. By no means. The collector of the port chose the Mr. ALLISON. I have no doubt be will say that; but there is no merchant appraiser, and he was sworn before he entered upon his duties limitation here. I say that according to this provision as it appears as appraiser of the United States. That merchant appraiser was as they would have a right to be always present in the presence of this much an officer of the Government as these general appraisers. Not board of examiners. only that, but he is paid by a perdiemoutoftheTreasuryof the United What I wish to call the attention of Senators to is that by striking States for this service as a merchant appraiser. out this provision we do not change existing conditions or the existing Therefore, from the establishment of the general appraisers, this sys- law at all. We leave these people where they have been left for a cent­ tern of valuation has been a system in exact accord with that proposed ury, to the judgment and discretion of the administrative and execu­ here, so far as Government officers are concerned. Their decision wa.~ tive officers who perform this duty. absolute and :final, no appeal, no jury, nothing intervening. As to the immediate amendment under consideration, one word and Mr. GRAY. If the Senator will allow me, because I very frankly I am done. I have occupied too much time, I know, upon this ques­ eonfess that his great familiarity with the customs laws will make his t.ion, but others did it, and that is my excuse. I submit t~ the Sana­ answer important, let me ask him was there not a final appeal to the tor from Missouri that what be proposes here in practice will be im­ Secretary of the Treasury? . possible at the port of New York, and especially so at all the other

~ · - - . ' ., . ·. ' ' .. -· \. ; · 1890. CONGRESSIONAL RECORD-SENATE. 4013

:ports in the United States, unless the number of general appraisers is might not make so strenuous an objection to i~; but he is there as advo­ greatly to be increased. I agree with hlm that that is no argument. cate and as judge. He is there to support his opinion as given in the He answered me that that was no argument. I agree that that would tribunal below. He is there an interested party. He is there to say, be no argument if there was any affirmative argument justifying the "I did this, and it was right, and here are the reasons for it." To insertion of this provision, but I think it can fairly be demonstrated, and show the full extent of the whole matter, he is there with his argu­ I think it was the judgment of the great body of the importers exam­ ments, clothed with the panoply of governmental authoricy, and the ined by the committee and before the committee, that they woul4 pre­ opposite parcy, fighting single-handed and alone against all presump­ fer the expert who had examined these cases carefully as one of the tions, against the overwhelming power of the General Government, is general appraisers rather than a man who had no knowledge of the told by this bill and by the arguments upon this floor that he is not to subject whatever. be present. If that be justice, sir, I do not understand the meaning I want to say another thing to Senators, that, so far as I have had of the term. I want no such justice for me and mine. observation upon this question and upon this very provision in this sec­ Mr. EVARTS. Mr. President, I think a good deal of extravagance tion, the importers as a rule are satisfied with it. We had the leading in the argument on one side or the other of this question which has importers from the city of New York before the committee, and they been most discussed, the argument-s of counsel, might be avoided. were satisfied with ~his provision upon explanation and made no criti­ We are told, and truly, that two or three thousand entries are made cism of it. I think I shall venture a further statement, that I do not every day. We are also told by the Senator from Iowa that there are believe the great importing interest of New York and of this country ten or fifteen thousand lawyers in New York. Now, ten or :fifteen is hostile to this bill as we have amended it here in any one particular. thousand lawyers do not want to attend at once on the appraisement I can read, if need be, the petitions and letters of leading importers of of goods. The two or three thousand en1,ries a day do not call upon New York City and Chicago, asking that the bill be passed as reported outsiders or anybody else to do anything but -look at the invoice, and by the Senate Finance Committee, and :passed quickly. that goes through without coming into any question at all. So I think as a matter of principle it is unwise to adopt the amend­ We are involved in a certain difficulty, it seems, which arises, of ment of the Senator from Missouri; and as a matter of practice, if it is course, in making laws. There has been an amendment proposed and adopted, it will require a large increase in the number of general ap­ adopted in t.he House of Representatives putting in affirmatively this praisers. attendance with or without counsel. Here the committee have stricken Mr. VEST. Mr. President, for all practical purposes, so far as legis­ it out, it is said, and with some reason, of course, it is said that if a lation is concerned, I am very well a ware of the fact that no debate here clause which has once appeared is stricken out it can not be presented will change results, but I have long since considered it my duty and for argument hereafter in the same way as if it had passed sub silentio. have come to the deliberate conclusion that it is my duty to present That I understand to be the argument and that I understand to be the case. my views on public questions without regard to the immediate result Now, the difficulty of the exclusion ofthisclausewhich had seemed in this Chamber. suitable in the House of Representatives is thus considered. The com· There is very great force in the position assumed by the Senator from mittee who had fixed all its arrangements in the House did not in­ Iowa in regard to the provision which is now before the Senate, and clude this clause. The House put it in by itself. The other arrange­ which we have been discussing, as to the exclusion of the importer and ments in the committee's plan in the Honse, and as adopted by the his counsel from this matter of appraisement. If the House of Repre­ House of Representatives, had various other :provisions that were re· sentatives had not put the provision in this bill which the committee strictive in the interest of the merchants and had been liberalized in has stricken out the argument of the Senator from Iowa would be al­ the rest of the text here. Therefore it never can be said upon any ar­ most conclusive; but in the face of the fact that the Honse of Rcpre­ gumeut that the House of Representatives would have put this clause sentati ves did put in this provision and that the committee recommends in with the liberalizing features that are now included in the report of that it be stricken out, if that recommendation be adopted by the Sen­ our committee. If the Senator had examined all this-perhaps he has; ate it goes without saying that the appraisers will take it for granted I do not say that he has not-- that the judgment of the Congress of the United States-if the House Mr. VEST. I have read the bill. of Representatives concurs in our action-is that the importer shall not Mr. EVARTS. I have no doubt if he has read it he has given the be present either in person or by counsel or with witnesses. As my attention which it requires to this liberalizing in various ways the in­ friend from Delaware pertinently remarked, if we now reverse the ac­ terests of the merchants, with which they are much gratified. tion of the House and say so in so many words it is not a matter of right Mr. VEST. If my friend will permit me, I will very frankly state, that the importer shall be present, of course it depends entirely upon as I would state at the proper time, though I did not consider that it the personalicy of the appraiser whether any importer Will have that was pertinent to the debat.e now going on, that the bill reported by the commonest right of an American citizen. committee of the Senate is infinitely preferable to ihe bill as passed More than that, sir, it is a declaration in the line of advising him by the House; but I submit to the Senator from New York that that that although the right has been exercised heretofore it should ter­ does not meet the discussion which we have had upon the spedfic minate at this time. It is a suggestion, if I may use no stronger term, amendment that I have offered. that the loose and latitudinous practice which has been adopted of 1\fr. EVARTS. The Senator means the one that is now pending? allowing the importer to be present can no longer be tolerated. When Mr. VEST. I mean the one pending, which provides for the exclu- we consider the fact that the argument, if it be an argument, upon the sion of the appraiser who decided against the importer. bill in this Chamber is in the line of saying that there has been too Mr. EVARTS. I am not talking upon that yet. much latitude, that the time has come when this looseness tespeci'ally Mr. VEST. That is the question before the Senate. in the port of New York) should be done away with, we can very well Mr. EVARTS. I am talking upon the other f.Ubject, not before the understand how officials of the grade and character who are expected Senate, but which has been debated. to carry out this provision would construe the action of the Senate, and Mr. VEST. I beg pardon; I did not bring it here. would immediately come to the conclusion that they and they alone Mr. EVARTS. The Senator from M~ouri will understand that my were to determine this matter without any sort of advisory action or argument is appropriate to that topic and his argument of it. There suggestion from the party immediately interested. is great force in not wishing to put in this clause, but, as it has ap­ If it be necessary to supplement and strengthen what I say, I now peared in the House bill, to strike it out; and it is an argument that does refer to the fact that this bill throughout gives all the benefits of every not belong to the sub silentio order, under tne laws which have hitherto

doubt to the Government as against the importer. All the presump­ prevailed. :My answer to that is that the insertion was made in the '( tions are againsthim, and now, when the House of Representatives, the House upon the frame of the committee's bill there, and that the com­ :popular branch of Congress, saw proper to put in this provision affirm­ mittee here may find very good reason for not inserting this in thelib­ atively we are answered with the suggestion that there bas been no emlizing view which the Senator from Missouri recognizes as much such affirmative legislation heretofore, and therefore there is no neces­ as any others do. Therefore it is not an argument that we have struck sity for it now. The House having put it in, if we now strike it out out a clause upon the same frame of bill which the House put in. it will be a declaration that the affirmative action of the House had no On the other subject of appraisers, I have no occasion to repeat what legitimate basis and can not be sustained in argument or in justice. I have said. My opinion is that the merchants will not find it con­ Now, a single word further, sir, and I am done with this matter. In venient to them to make it a rule of law, and therefore necessary in regard to the amendment which is before the Senate, and which I of­ the conduct of the business, that the first appraiser shal.l not act with fered, to exclude from this tribunal of appraisers, not to use the term the others in deciding on review what is the proper worth of the article "court," the officer who had already adjudicateu the case in favor of the imported. Government, I have simply this to observe: All that has been said here Mr. EUSTIS. I should like to ask some member of the Finance does not go to the matter of justice or right, but simply goes to the mat­ Committee whether this section as reported by the committee is satis­ ter of detail and inconvenience and expense. What has been said here factory to the importers. has no further weight than simply that the appraisers who are to de­ Mr. ALLISON. I understand the Senator to mean the section we termine the matter upon the appeal board should have with them the have now under consideration. appraiser who actually made the appraisement from which the appeal Mr. VEST. The amendment pending is to section 13, but w~ have is made in order to give the facts upon which his judgment was based been discussing a good many others. in behalf of the Government. If his presence there alone and his in­ Mr. EUSTIS. My question is, whether the pending section, as re­ formation alone were the only requisites sought by the committee, I ported by the committee, is satisfactory to the importers. - - l

-. 4014 CONGRESSIONAL RECORD-SENATE. APRIL 30,

!fr. ALLISON. I think I can say that it meeta with the approval entirely disinterested and unprejudiced. Upon that question it seems of the great body of importers. Of course, there are a number of im­ to me there are no two sides, and the great majority and volume of the porters, I will say to the Senator, who are not satisfied with this bill; business coming into that port being decided by this board of three but I think the great body of the importers, and the leading importers general appraisers, I think there can be no quest.ion that the amend­ ofthe city of New York and the city of Chicago and the city of Phila­ ment of the Senator from Missouri ought to be adopted. delphia (we bad no expression from the Senator's own city) are in Mr. McPHERSON. Mr. President, a single word upon the amend­ favor of this bill. In fact, I have petitions from such importers in the ment offered by the Senator from .Missouri. I take it that it is the pur­ city of Chicago as Marshall Field & Co. and other large importers of the pose and wish of the committee, certainly it is mine, that if any better­ city of Chicago, asking that the bill as reported be passed. So, of course, ment can be proposed to this bill we want it. I do not consider the that includes the section under consideration. amendment offered by the Senator from Missouri a betterment of the Mr. VEST. If the Senator from Louisianawill permit me, I do not bill in any sense or form or at all necessary to an honest and good ad­ know his object, and, of course, I have no right to assume it in asking ministration of the customs service. Under existing law, if a merchant the question, but I have received letters anQ. a circular from some of is aggrieved he appeals to the collector and his case is sent to a gen­ the leading importers of the city of New York, requesting that the eral appraiser and to a merchant appraiser. In addition to the Govern­ amendments which I have offered here should be offered to this bill. I ment officer, the general appraiser, there is one single associate in the have here from the houses of Lord & Taylor and Arnold, Constable & person of the merchant appraiser. Qo. this circular: The only power left to the collector of the port is to decide between The undersigned, merchants of the city of New York engaged in the importa­ the judgment of these two officers, these two agents. He may agree tion of purchased merchandise solely, respectfully present their remonstrance with the merchant appraiser or he may agree with the general ap­ against certain provisions of I he custQms administrative bill (H. R. 49i0), re- praiser, but he can not modify the decision in the least. He can not cently passed. etc. • divide-a difference between the two jndgmenta and make a new rate of And then giving the very amendments. Here is the list of those duty, but he must agree with the merchant appraiser or with the gen­ who signed that circular. I adopted the amendments as they had eral appraiser. drawn them themselvet~. Whether these .e:entlemen are reputable im­ The committee in framing their bill thought, and quite ri2ht, I think, porters or not, it is for the Senate to determine. I have always un­ that when we are associating two other appraisers with the general ap­ derstood that they were. praiser who had made the appraisement of the goods, we were going one Mr. EVARTS. What is the date of the circular? step, and a long step, in advance in the protection of the importing Mr. VEST. New York, April 3. This is the very bill, and they merchant. In addition to the appraiser who had appraised we give say "the bill as reported by the Finance Committee. 11 It is signed by them two other additional appraisers, and their decision when reached Arnold, Constable & Co.; Lord & Taylor; 'W. & J. Sloan; Lesher, is final unless the importing merchant is still aggrieved, and then he Whitman&Co.; Mills & Gibb; Fred. Butterfield &Co.; Ballin, Joseph can appeal to the court. We thought that when we shut off the appeal & Co., and H. Herman Sternbach & Co. to the court both on values and the classification-- Mr. EUSTIS. I ask the Senator from Missouri whether these im­ Mr. GRAY. Oh, no. po:rters object to that portion of the amendment being stricken out, Mr. McPHERSON. Oh, yes, because the court can create and does ' from line 44 to line 48, inclusive. create on that application an officer of the court who then as an officer Mr. VEST. Yes, sir; that is one of the things that they specifically of the court proceeds again to take new testimony, new facts. object to. They want the provision of the House put back. That is Mr. GRAY. I should like to ask the Senator from New Jersey to what they state here in so many words in this very paper. point out to me what provision of the proposed statute allows an appeal Mr. CALL. Mr. President, the provision which is sought to be _j;o the court in matters ofvalue in merchandise imported, after the ap­ amended by the Senator from Missouri, requirinp: that "upon such nn­ praisers have made their finding. ticeaud payment the collector shall transmit the entry and all the papers Mr. McPHERSON. I will call the Senator's attention to. that. and exhibits connected therewith to the board of three general apprais­ Mr. GRAY. I will say totheSenatorfromNewJerseythatishould ers, which shall be on duty at the port of New York, or to a board of think it would be unwise if such a provision were contained in the bill. three general appraisers who maybe designated bythe Secretary of the Mr. McPHERSON. On page 22 of the bill I read: Treasury for such duty at that port or at any other port, which board Thereupon the court shall order the board of appraisers to return to said cir­ shall examine and decide the ca.se thus submitted, and their decision, cuit court the record and the evidence to.ken by them, together with o. certified or that of a majority of them, shall be final and conclusive upon all statement of the facts involved in the case. persons interested therein," will control the great mass of business that llfr. GRAY. If the Senator will stop there; I see what he was after. will come into that port for entry and appraisement. If he will look at the :first part of that very section he will :find that It is therefore quite as important that it should be regulated by such in lines 5 and 6 the reference to the court is confined to the question provisions as will be satisfactory an~ attain the snbBtantial ends of with respect to the classification of such merchandise, and not the val­ justice as that the proceedings of the courts should be governed by proper uation. principles. The great majority of people will not go any further than Mr. McPHERSON. Well, I will read lines 5 and 6: the action ofthese appraisers. Their action will be final and conclusive, to That if the owner, importer, consignee, or agent of any imported merchan­ say nothing about the proceedings in the court, if it should go there, dise, or the collector, or the Secretary of the Treasury- and as to the effect of the judgment which they shall 1·ender. In the Everybody concerned- great majority of instances the matter will stop with this :first appeal shall be dissatisfied with the decision of the board of general o.ppraise~1 as pro­ to this board of three general appraisers. It is obligatory upon the vided for in section 14 of this act, as to the construction of the law and tue facts respecting the classification of 11uch merchandise and the rate of duty·imposed Senate that that board should be made as fair as possible and that all thereon under such classification. they, or either of them, may, within thirty the principles which reach the end of complete justice between the days next after such decision- parties should be made a provision of law. Mr. GRAY. Does not the Senator from New Jersey see that I was Now, the question is whether a man who has already decided ad­ right in the interpretation I gave it? versely to the party taking this appeal and bringing the question before Mr.. McPHERSON. No, I do not see that the Senator is right, be­ this board is a proper person in this tribunal of last resort to conclude c.·l.Use you go further than the explanation. I will read again: the question as between th~ parties. Consideration of expense, con­ Thereupon the court shall order the board of appraisers to return to said cir­ siderations of public convenience, must be adjusted to the question, and cuit court the record and the evidence taken by them, tQgether with a certified the superior question, whether the ends of justice will be promoted by statement of the facts involved in the case. such a provision. It is final; it is conclusive; it becomes, I think, primu What do "the facts" mean? The facts mean the values upon which facie evidence, and perhaps conclusive evidence, upon the question of they base the dutiable value. valuation in the criminal proceeding that may be instituted. It is not Mr. GRAY. But the section says, if I may interrupt the Senator clear to my mind whether a party tried criminally before the court from New Jersey, the facts in regard tG classification, and not in regard would not have the right under the Constitution to an inquiry into the to values. fact whether the judgment arrived at by the appraisers as to valuation Mr. McPHERSON. I understand and construe that whole section, was a correct one or an incorrect one, and the bill leaves a doubt upon and have from the beginning in committee and elsewhere, that I wanted that subject, and you must resort to the constitutional rights of the every matter of law and fact touching all these questions to ~o before -party to determine it. the court; and I have yet to find any errt>r in my judgment touching But leaving that out of view, how can it be said that in this tribunal the phraseology. If there is, I wish to say to the Senator distinctly of last resort upon the question of valuation or classification which im­ that I want all these matters both of law and fact to go before the court. plies and takes with it the possible confiscation of a man's property, I want the record made up. I believe that that section does make np whether non-judicial, ministerial, or whatevername yon may apply to the full record, both as to law and fact. it, this person shall be a part and parcel of the tribunal determining 1\fr. GRAY. In regard to classifieation, but not in regard to value. the question which is upon appeal by a party holding adverse interest :Mr. McPHERSON. The whole case, the whole return must be sent; to his judgment? the value must be sent as well as other things. It seems to me there can .be no two sides to that question, and it Mr. GRAY. If the Senator from New Jersey willl'eferto the chair­ would not be difficult to so anjust the number of persona upon whom man of his owri committee he will find that I am right about the dis­ this duty will be imposed by this measure as to have a board that is tinction I have made.

' \ , . / ...... , . : ·; 1890. CONGRESSIONAL RECORD-SENATE. 4015 '

Mr. McPHERSON. I want to say that it is impossible to determine and I do not think that the merchants, after conferences and considera­ a true and correct valuation unless yon consider conjointly 8oth the tions of the matter, especially, perhaps I might say, after a full dis­ classification and the value. The classification determines the duti­ cussion between myself and them with their lawyer, feel quite clear able value. The value of the goods determines the dutiable value. that it would be valuable to them to have this provision in regard to These two things conjointly make up dutiable value. TJ1erefore, I do the first appraiser not serving in the appellate reconsideration. I think not see how it is possible to separate the two things. I am quite justified in that statement. I personally, of course, should Mr. GRAY. If the Senator from New Jersey were to import, as I have no other desire than that what was really valuable for this prin­ know that he is fortunate sometimes in doing, a Jersey cow, and the cipal interest that is renresented here in this discussion-! mean the question came before the appraisers as to what the value of the animal importing merchants-.:should be carried out; but I can not see that I was, they would have no right and no necessity to consider the classi­ would be justified in saying that under the consultations and reconsid­ fication. They merely make up their opinion as to the value of the eration that have been had the merchants as a body would think as a animal; that is all. It has nothing to do with classification. generalization and rule of law that it was better to have a requirement Mr. McPHERSON. Now, we will follow that case out to its legiti­ that the first appraiser should not serve on the appellate organization. ma~ conclusion. For instance, t.he invoice certifies that the animal Mr. VEST. Mr. President, as a matter of course I do not propose has cost so much money on the other side of the water. The classifica­ to enter into any discussion with the Senator from New York as to the tion gives notice to the world as to the amount of duty that is to be views of his immediate constituents. He is by far the better judge, _. levied upon that particular animal when the value of the animal is cor­ and be is beyond question better informed. But, since this question rectly ascertained, but the value may be disputed, as in_the case ofim­ has been brought here as to the opinions of the leading importers, I do ported merchandise, for instance, and that has given rise to this whole not think the time of the Senate will be wasted if this pamphlet be read. legislation. It contains the argument and the amendments, one of which is pend­ It has been the custom for the past five or six years for manufacturers ing now before the Senate, and subject to the disposition of the ques­ abroad to send their merchandise here and consign it to agents; and tion as to whether they have changed their minds or not, and whether they would refuse to sell it at home; there wa..~ no market value fixed this amendment is included in what they say. I will simply read a very upon the merchandise at home; the goods were manufactured solefy few words: for the American market, and they would refuse to give an importing Our objections- merchant a value or price upon that particular article of merchandise. Alluding to this identical bill since its report. It speaks of it as So great has been this trouble that the importing merchants in the port having come from the Finance Committee to the Senate- of New York and elsewhere say that they had quit importing alto­ Ow: objections are principally to those provisions which relate to the settle­ gether; that they could purchase the goods cheaper in New York than ment of questions arising between the customs officials and the importer con­ they could abroad after they had been sent here by the manufacturers cerning the proper classification of imported mer the Senate, notwithstanding its very great improvements. Mr. VEST. I must confes.3. although I am never responsible for a which the merchants recognize, and among them is this one in regard legal opinion until after due consideration and in writing, still it is my to the first appraiser serving in the quasi-appeal impression that it would be entirely discretionary with this appraiser I am quite justified in saying that several consultations by repre- whether he would summon any witnesses or not, and if the importer sentatives of these merchants, I mean the merchants· in general, in- were to go to him and ask him to summon a witness he could say to eluding the signers of this circular, have been had with the committee Ihim under this bil1, "I will not do it." • and with a very competent revenue lawyer in conference with myself, Mr. HISCOCK. I ask the Senator, then, this question: In any case ·. ,

...... ~ ·. .: ·.• '-' . ! • 4016 CONGRESSIONAL RECORD-SENATE. .APRIL 30, referred to an examiner or to a master to take testimony is it with the most every importing merchant in the United States. We are fully in accord with every effort of the Government to check and punish fraudulent underval­ master or the examiner to issue the subpoona or is it with the court? uations, but we are heartily opposed to those provisions which have been added Mr. VEST. That always, as a matter of course, depends upon the to this bill upon the pretext of correcting abuses which in fact either no longer statute under which the commissioner is acting, and the statute always :~~s1tao~.may be fully remedied by proper Treasury regulations under the pres· defines, in State and Federal practice within my limited knowledge of At this time there is very little delay in getting customs cases promptly tried the law, exactly what the commissioner can do and what he can not do. in the New York district, where most of them arise, thanks to the energetio In this case I know no law (the provision is certainly not within the work of Customs Judge Lacombe, who has cleared his calendars so thoroughly that cases were tried last term which were decided and the duties refunded limits of this bill) that gives the power to this appmiser to subpoona within eight months after they were created. We respectfully request your witnesses and compel their appearance. favor and aid t.a help us secure a fair and just consideration of our rights in this 1\Ir. HISCOCK. I grant there is no power given the commissioner, matter. but I say there is power in the court to issue its process compelling the This is signed by the gentlemen whose names I read before, com­ witnesses to appear before its examiner, its officer, and give evidence. mencing with Arnold, Constable & Co. What they mean, I take it, is 1\Ir. VEST. I am talking now about this commissioner. not for me to explain, for if the English language has ever been cor­ 1\Ir. HISCOCK. Well, I am talking about this commissioner. rectly used I rather take it it has been in that circular. Mr. VEST. I am not prepared to say. I am not an expert in this Mr. EVARTS. The committee has already accepted two of the amend­ revenue law; however, I do not know but what he could report back ments that I proposed, which are insisted upon as of very great impor­ to the court that he had subpoonaed witnesses and they had refused to tance, and that is to get rid of the imposition of giving security for costs attend. If he has no more success than the Senate of the United States when you went from the appraiser into the court. We have also pro­ has had lately he had better not waste the time. vided for the prompt payment of the money whenever the court hall Mr. HISCOCK. The Senator mistakes the point. I insist that the disposed of the question, after having already provided for whatever power to issue the suopoona rests with the court. The process pro­ should have been determined by previous appraisements and not con­ ceeds from the court-not from this examiner, but from the court-to tested. I have proposed, and it is in print, the amendment that pro­ comnel the witnesses io appear there. vides for an open court in the circuit court after they get there, and 1\i"r. VEST. I take it we are not on the same point. I was talking with that provision, in my judgment, the merchants will substantially about the power, and understood that the question was as to the power be satisfied. of the appraisers. As to the power of a court of general jurisdiction it I have not any very strong feeling one way or the other on the mat­ is unnecessary to discuss that, as all lawyers understand it. ter of the appraiser acting in the appellate court. M:y own judgment :M:r. ALLISON. Will the Senator allow me to answer a question is that the working of this scheme will be much more satisfactory to right at that point, or rather to ask his opinion? I should be glad to the merchants under the plan of the committee than under the change know of the Senator from Missouri if he thinks that by statute we can which is proposed by the Senator from Missouri. confer the power upon these executive officers to summon witnesses The VICE-PRESIDENT. The question is on the amendment offered and compel their attendance as a matter of law. by the Senator from Missouri [11Ir. VEST], on which the yeas and nays 1\fr. VEST. I suppose we can. I have very little doubt about that. ha Ye been ordered. Mr. ALLISON. I am glad to hear the Senator say so. That was The Secretary proceeded to call the roll. discussed by the committee at great length a good many times, and Mr. BUTLER (when his name was called). I am paired with the we finally decided that we had not that power, and it is not given in Senator from Pennsylvania [:M:r. CAMERON]. this bill. Mr. EVARTS (when his name was called). I am paired with the Ur. VEST. I know that very good lawyers have assumed both Senator from Alabama [Mr. MORGAN] generally, but we have ex­ sides of that question and very eminent courts have decided it both changed the pair between the Senator from Alabama [Mr. PUGH] and ways; but I think the weight of authority (and I believe I could sub­ the Senator from Vermont [Mr. EDMUNDS], so that the Senator from stantiate it) is with the view I have stated, that these subordinate Alabama who is in his seat and myself will both vote. I vote "nay." officers could be vested by the Con~ress of the United States, as they Mr. FAULKNER (when his name was called). I have transferred have been by State Legislatures within the States, with the power to my pair with the Senator from Pennsylvania [Mr. QUAY] to the Sen­ subpoona and compel the attendance of witnesses. ator from Texas [Mr. REAGAN], and I vote "yea." Mr. HISCOCK. And punish for contempt? Mr. GRAY (when his name was called). I am paired with the Sen­ Ur. VEST. As a matter of course that. goes with the power of sub­ ator from Massachusetts [Mr. HoAR]. If be were present I should prena. That is an implied power. vote "yea." Mr. HISCOCK. To avoid that question and insure the right or :Mr. HISCOCK (when his name was called). I am paired with the power to compel the attendance of witnesses in this case, the examiner or Senator from Arkansas [Mr. JONES] who I see is not in his seat. I the appraiser is made an officer of the court. It is referred to him and propose to the Senator from Delaware [Mr. GRAY) that his pair with the case is pending in the court, and we assume that the court would the Senator from Massachusetts [Mr. HoAR] be transferred to the Sen­ have the power to compel the attendance of witnesses before him to be ator from Arkansas [Mr. JONES], so that both of us can vote. I vote examined. ''nay.'' Mr. VEST. I proceed with the reading, Mr. President: Mr. GRAY. 1\Iy pair with the Senator from Massachusetts fl\Ir. The court., upon the retur,p of such further evidence and upon the original HoAR] having been transferred to the Senator from Arkansas Mr. proceedings of the board in fbe case, must give ju~tnent upon such facts only JoNES], I vote "yea." as are shown by them. He has no opportunity to see the witnesses and judge 1\:fr. McMILLAN (when his name WilS called). I am paired with by their appearance and manner of testifying as to their credibility. He can only take the papers and apply the rate of duty provided upon the article certi­ the Senator from North Carolina [Mr. VANCE]. fied by the appraisers. If they call a cow a. horse he must, notwiths~nding his Mr. PLATT (when his name was called). I am paired with the suspicions, IIlll.ke it dutiable at the rate provided for horses. The real trial, if Senator from Virginia [Mr. BARBOUR], who is absent from the Cham­ such a proceeding deserves the name of trial, takes place before the board of general appraisers, who are thus made masters of the situation. ber, and I therefore withhold my vote. If he were present, I should Of course this does away with trial by jury. vote "nay." Besides this, upon each importation of the same kind of goods-and some 1\Ir. RANSOM (when his name was called). I am paired with the firms haye four or five entries a. week-the importer must go through all of these proceedings, and must also on each one give security for damages and Senator from North Dakota [Mr. PIERCE]. <::osts. 1\Ir. COKE (when Mr. REAGAN's name was called). My colleague The right of appeal from the circuit to the Supreme Court of tbe United Stat-es [Mr. REAGAN] is paired with the Senator from Pennsylvania [Mr. is denied the importer except when the circuit judge is of opinion that h_is de­ cision should be. reviewed, in which case he IIlli.Y allow it, but the Government. QUAY]. has the right to appeal every case it desires to. No provision is madp for the 1\Ir. TURPIE (when his name was called). I am paired with the payment of final judgments of the circuit or Supreme Court; it is left discre­ senior Senator from Minnesota (Ur. DAVIS], but transfer that pair to tionary with the Secretary of the Treasury whether to pay or not. As a climax to this precious bit of legislation, all customs officials are spe­ my colleague [Mr. VooRHEES] who is absent, and I vote "yea." cially exempted from any and all liability for anything they may do in the Mr. VEST (when his name was called). Is the name of the Senator matter. from Kan~ [Mr. PLUMB] recorded? It has been claimed that these provisions are the same as those contained in a bill which passed the Senate a year or two ago, without opposition from the The VICE-PRESIDENT. It is not recorded. import-ers of purchased goods; indeed, it was stated in the debate, by Senators 1\Ir. VEST. I have a general pair with the Senator from Kansas. I who were advocating 11be bill, that such importers were strongly in favor of it. should vote ''yea '' if I were nob paired. As a matter of fact, as soon as those merchants learned what had been done, l\ir.WA.LTHALL (when his name was called). I ~Il:l paired with the they prepared a. strong remonstrance against it, and it was forwarded, signed by the most respectable and important merchants of New York (none of them Senator from Wisconsin [Mr. SPOONER]; otherwise I should vote "yea., i~ro~t~~~~~~f::gu~~~;~o:;) ~~~ t!~t'~:!t~ti!:~~~:£':~:!N:~~r:Un:r!~~IT~ The roll-call was concluded. hllSiness, especially importations, to understand the importance of these pro­ Ur. MANDERSON. I have a ge~eral pair with t~e Senator from visions complained of, and the very great ditieremces they will (if made Ja.w) Kentucky [Mr. BLACKBURN]. The Senator fro:tp. No:tt4 C~rolina [M:r. c&use. Values will nndoubta,~Iy be increased by them, aqd certain kinds of RANSOM] is paired with the Senator from North Da~ota [Mr. PIERCE]. , goods driven out of market. '\Joming as it does at the tiii.le when a new tariff is expected, it will greatly add to the confusion and uncertainty which always We have arranged to transfer the pairs so that the Senator from North exist at such times. Carolina and myself may vote. I vote ''nay.'' There is much more that might be said here against the objec!tiOnable feat-· Mr. RANSOM. I vote "yea." 11res of this customs bill, but we very much prefer that it should be said by fair-m inded Senators, upon the floor of the Senate Chamber. Mr. PADDOCK. I inquire if the Senator from Louisiana [Mr. \Ve believe our claims to be just and know that they are approved by al- EUSTIS] bas voted.

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'• 1890. CONGRESSIONAL RECORD-SENATE. 4017

The VICE-PRESIDENT. He has not. go to the judicial tribunals of the country, and it is entirely an inad­ Mr. PADDOCK. I am paired with that Senator, and therefore with­ equate and imperfect substitution of a review in a judicial tribunal in hold my vote. which the appraisement and the action of the appraising board are Mr. FRYE. I am paired with the senior Senator from :Maryland made the record upon which alone the court can pass. [Mr. GORMAN}. I suggest to the Senator from Missouri [Mr. VEST] It will introduce confusion, it seems to me, into the business of the that he transfer his pair with the Senator from Kansas [Mr. PLUMB] country. It will deprive importers of valuable rights and will distin­ to the Senator from Maryland [Mr. GORl\IAN], and then the Senator guish them from other classes of citizens in relegating them to this im· from Missouri and I can both vote. perfect adjudication of their rights by this special tribunal made out of Mr. VEST. Certainly. the circuit court, a tribunal not exercising the ordinary judicial powers Mr. FRYE. I vote "nay." which are invoked when a suit at common law is commenced, but Mr. VEST. I vote "yea." which only proceeds in the restricted and limited manner prescribed Mr. PLATT. The Senator from Mississippi [Mr. WALTHALL] is by this statute. paired with the Senator from Wisconsin [Ur. SPOONER], who is ab­ There is no reason, Mr. President, that I can conceive why this pro­ sent. I will transfer my pair with the Senator from Virginia [Mr~ BAR­ vision should have been made. If there has been a wrongful classifi­ BOUR] to the Senator from Wisconsin [Mr. SPOONER], and that will cation, if there bas been an imposition of a burden that should not be enable the Senator from Mississippi and myself to vote. I vote ''nay.'' borne upon an importer by reason of the mistaken adjudication of this Mr. WALTHALL. Under the arrangement for the transfer of pairs board of appraisers or by the decision of the collector or the Secretary announced by the Senat()r from Connecticut, I vote ''yea." of the Treasury, there is no reason that I can see why the right that Mr. HAMPTON. I am paired with the junior Senator from Rhode has heretofore existed and belongs to the importer to bring ·a suit at Island [Mr. DIXON]. I should vote "yea" were he present. common law for the refund of that portion of the tax wrongfully levied The result was announced-yeas 20, nays 29; as follows: should be taken away. This amendment seeks to restore, and I think it does restore, that YEAS-20. Bate, Coke, George, Pugh, common-law right and opens the door of the judicial tribunals, th& Berry, Colqpitt, Gibson, Ransom, Federal tribunalc;, to this class of citizens in order that the wrongs that Blodgett, Da.mel, Gray, '.rurpie, they complain of may be remedied by judicial action, or at all events Call, Eustis, Harris, Vest, Cockrell, Faulkner, Pasco, Walthall. that their complaints may be reviewed by competent judicial authority and be passed upon in the regular way by the judgment of a court of NAYS-29. competent jurisdiction. It restores the right of trial by jury, which by Aldrich, Farwell, :Moody, Squire, Allison, Frye, Morrill, Stewart, this section of the bill as reported from the Finance Committee is Blair, Hawley, Paddock, Stockl:lridge, taken away. Casey Higgins, Payne, Teller, Why should the right to try dispntR.d questions of fact, which in all Chandier, Hiscock, Platt, Washburn. Cullom, Ingalls, Power, other cases are relegated to that tribunal so well understood, so highly Dawes, McPherson, Sawyer, valued by the citizens of this country, be taken away from this class Evarts, Manderson, Shermlln, of citizens and in this class of cases alone? There is no other exi­ ABSENT-35. gency that I know of in the governmental affairs that requires it or in which such a right is sought to be denied, and !should beglad to hear Allen, Dolph, Kenna, Sanders, Barbour, Edmunds, McMillan, Spooner, some reason from the members of the committee who reported the bill Beck, Gorman, Mitchell, Stanford, why this valuable and important and highly prized right of the trial Black bum, Hale, Morgan, Vance, Brown, Hampton, Pettigrew, Voorhees, of questions of fact by a. j nry should be denied to this class of persons Butler, Hearst, Pierce, 'Vilson of Iowa, and in this class of cases. Cameron, Hoar, Plumb, Wilson of Md. The amendment which I have offered restores the right of bringing Davi~, Jones of Arkansas, Quay, 'Volcott. a common-law suit expressly under the provisions and limitations that Dixon, Jones of Nevada, Reagan, have heretofore obtained and are prescribed by sections 3011 and 3012 So the amendment was rejected. of the Revised Statutes. Mr. GRAY. I offer an amendment to section 15, which I send to the The VICE-PRESIDE}.TT. The question is on the amendment of tho desk. · Senator from Delaware [Ur. GRAY]. Mr. ALDRICH. I should like to inquire what became of the other The question being put; there were on a division-ayes 17, noes 14, amendment offered by the Senator from Missouri [Mr. VEST}. no quorum voting. Mr GRAY. I ask that the amendment submitted by me may be Mr. GRAY. I ask for the yeas and nays. read. The yeas and nays were ordered. The Chief Clerk read the amendment of Mr. GRAY, as follows: The Secretary proceeded to call the roll and Mr. ALDRICH responded Amend section 15 by striking out, in line 2, after the word "merchandise," in the negative. tbe words "or the collector or the Secretary of the Treasury," and strike out, Mr. VEST. Mr. President, had the Secretary commenced calling after the words" with the," in line 3, the words "decision of the board of gen- the roll? I just want to make a single remark. ,. eral appraieersas provided for in" and insert in lieu thereof the words "liquid&- The VICE-PRESIDENT. The Secretary had commenced .t he call of tion by the collector as provided for in." St.rike out all of said section, after the word" act," in line 5, and insert in lieu the roll and one response was made. Debate is not in order during the thereof the following: roll-call. "And bas paid &11 duties,fees,charges, and exactions required of him by such Mr. VEST. All right. liquidation, he may within ten d11.ys after such final payment on each entry, but not afterwards, begin in the circuit court of the United States embracing The VICE-PRESIDENT. Debate may proceed by unanimous con• the place of entry a common-law snit against the collector making the afore- sent. Is there objection to the Senator proceeding? said liquidation and exactions to test the legality thereof, and such suit may be Mr. VEST. I do not wish to violate the rules of the Senate. begun and maintained under the rules and conditions set forth in sections 3011 and 3012 (n.s the last is modified by the present act) of the Re,·iseil Statutes of Several SENATORS. No objection. the United States, and not otherwise. .And it shall be the duty of each of the The VICE-PRESIDENT. The Chair hears no objection, and tho courts of the United $tates, wherein such suit shall be begun or carried by writ S f: M. · will d of error, to give it precedence as to time of trial or argument over suits between enator rom lSSOUfl procee · :private suitors; and the proper attorney of the United States shall be diligent Mr. VEST. I simply wish to say, by way of personal explanation m preparing such suits for Immediate trial or argument as soon as the same as to this matter, because I recognize the fact that in voting for tho shall be at issue." amendment of the Senator from Delaware it can be stated with a good Mr. GRAY. Mr. President, it seems to me that section 15 presents deal of force, not to say plausibility, that some of us have changed our the point of resist.'\nce in this bill which will deserve the greatest at- positions with regard to this question, that two years ago, when the spe· tention from the Senate. That section undertakes to propose a snbsti- cial Committee on Undervaluation made its report to the Senate and tute for the right to a common-law suit which now exists and belongs discussion was had here for some time upon it, the Senator from Ver­ to every importer of merchandise who believes that he bas been wronged mont now absent from the Chamber [Mr. EDMU~TDS] offered an amend­ by the classification of the appraisers or of the collector or of any officer ment which gave to the importer against whom there had been a de­ charged with the duty of passing upon classification. He now has the cision by the collector the right of appeal as to a question of law. It right to sue at common law for a return or a refund of the duties that did not go so far as questions of fact, but simply as to questions of Jaw. have been thus illegally exacted. To the destruction of this common- The amendment was supported by the Senator from Vermont [Mr. law right, as I understand, the importers of the country, especially the EDMUNDS] and the senior Senator from New York now before me [Mr. importers of the city of New York, very justly object. They believe, EVARTS], and the discussion, as will be remembered, lasted, I believe, und I think they are right in believing, that a right which they have for two or probably three days. There were five of us-five Senators in common with their fellow-citizens all over the country to have ad- who voted for the amendment of the Senator from Vermont. judicated their property rights in the judicial tribunals of the country Mr. ALLISON. Not five of us? is very much impaired, if not entirely taken away, by the provisions Mr. VEST. I sn.y five Senators, if the Senator will permit me-five of this section. Senators, two upon the Republican side and, it is my recollection, The appeal, limited, qualified, and restricted, which is provided for three upon the Democratic side. I was not one of the three. I voted in this section to a circuit court of the United States in no wise sup- then against the amendment of the Senator from Vermont, and I want plies the provision that is stricken out and which secures the right to to state frankly why I did so.

XXI-252

. ... '·- ', CONGRESSIONAL RECORD-SENATE. 4018 - ' ...· ..--

The Senator from Kentucky [Mr. BECK] who is now unfortunately belong to them as of right, and have questions between them and col­ detained by indisposition from the Chamber was a member of that lectors of ports and the other officers who are connected with the col­ committee and strenuously opposed that amendment. I was in the lection of customs taxes decided in the usual way. habit of deferring to him ns to all questions of customs administration. I know that Congress has already passed a law, and it is in the Re­ He had attended the committee in New York, was familiar with all vised Statutes, which forbids any snit being entertaJned by the circuit the facts, and by reference to that discussion it will be seen that it was court to enjoin a collector from collecting a certain tax, but it is quite represented to us unanimously by the Comn1ittee on Finance, or rather a different thing from denying all resort to the courts and all remedy I should say by that Special Committee on Undervaluation, that great whatever. · The courts might well deny to a suitor the remedy by in­ abuses existed, that the dockets of the courts were encumbered with junction where there was a common-law remedy open to him, but in thousands of cases which could not be settled, that all sorts of gross thiscaseallremedybythejudicial tribunn.lsaswennderstandajudicial and outrageous frauds were perpetrated upon the Government, and tribunal is, it seems to me, cut ofi' by this bill. We shall avoid litiga­ that by means of proceedings iu the courts there was such a delay as tion and troublesome questions, it seems to me, by leaving the condi­ amounted absolutely to a defeat of the collection of the customs that tions in this regard as we :find them. were due the Government. :Mr. EVARTS and Mr. ALLisoN addressed the Chair. I voted upon that occasion against the amendmentoftheSenator from The VICE-PRESIDENT. Is there objection to farther debate, the .. · Vermont, deferring to the better judgment and the wider experience of roll-call having been commenced. the memheTS of that committee and with the impre8Sion that an emer- Mr. SHERMAN. It has been waived in two cases and it should be gency existed which required the legisla.tion which was then proposed. waived as to all. From statements made now by eminent merchants and importers of The VICE·PRESIDE....~T. The Chair hears no objection to the de- the city of New York, contained in the phamphletwhich I read to-day, bate proceeding. it appears that the dockets are clean, that these cases have been dis- · :Mr. ALLISON. I yield to the Senator from New York [Mr. posed of, and my information is that Judge Lacombe has been enabled EvARTS]. to dispose of a large majority of the most vexatious suits that were pend- Mr. EVARTS. Mr. President, it was quite necessary that, the ob­ ing in regard to these questions, and as it is now presented to us cir- servations which have been very pertinent from the 8enator from Jtfis- cumstances are so entirely different that I must be permitted-- souri [Mr. VEST] and also those of the Senator from Delaware [Mr. Mr. .ALLISON rose. GRAY] being heard before the roll-call proceeded, I should have an op- l'tlr. VEST. I beg the Senator's pardon. portunity to say how I stand on this matter. Mr. ALLISON. I was about to call the attention of tire Senator to I am opposed to any system that precludes a trial in a court of the the letter of the Secretary of the Treasury on this question. 1 question of right whether the law has been enforced by the exactions .Mr. VEST. I simply quoted the authority which I gave here, a under it or whether what may be called a usurpation has exacted an gentleman of very higb. character, whose statement I was compelled improper amount. But the Senate will perceiv~ and the Senator from to take unless there should be contradictory testimony against it. As Missouri and the Senator from Delaware will also understand, that it the question is presented to us to-day it is very different from what it is very important that we should have as little of impediment, of de­ was two years ago, and I shall support therefore now the amendment lay, and of litigious processes as is possible in this litigation, and as lit­ of the Senator from Delaware. At the same time I repeat what I had j t.le formality and as little techni~lity in the production of evidence as occasion to state a few ruinates ago, that this bill is infinitely prefera- I is possible. ble to the House bill. I consider it in a great many provisions supe- Iu that view, notwithstanding theliberalization oftheamendments riorto that bill both as to the efficacy of its provisions and as to its tiber- reported by the Finance Committee of the Senate, I have not yet an ality to the importer. adequate provision for what I consider a disposition by law in the court But when the question is presented to me fairly and squarely whether of the question that the merchant is entitled to raise, and with a view I will vote for a trial by jury, whilst I make no special argument, of making it, as it will read if my amendment is adopted, an adequate whilst I say I l)elieve we have the right to cut off this trial by jury as observunce of that obligation which I regard as very material, I havo to these revenue cases, still when the question is presented to me with undertaken to omit any other disturbance of the procedures which important information as to the exigencies ofthe public service and to precede and would precede an entertninmentofthequestionjudicially the condition of litigation in New York, which is the principal port of as it now stands, so that the allowance as arranged by the committee's entry in this country, I shall support this amendment. amendments, so that the process, so far as it has gone, shall be sent up Mr. GRAY. ~Ir. President, if I may be allowed to say a word-- at the request either of t.he Government or of the merchant into the The VICE-PRESIDENT. Is there objection to the Senator from circuit court, and that the evidence thns taken shall all be treated as Delaware proceeding? The Chair hears none. competent to be considered by the court. • Mr. GRAY. I only wish to say a word, but if there is objection I The committee have added to that faculty the power of the court will not trespass on the time of the Senate. to appoi.Iit as an officer of the court one of these appraisers, who shall This tribunal-for it is a special tribunal, although it is called the have the authority, as.I understand it, of a referee or examiner under circuit court of the United States-provided for by this fifteenth section, the eye and as an officer of the court. That I leav·e to stand, and only to which the questions raised by the importer or the customs author- in two respects do I find it important to change the text as it now ity are referred, is not an ordinary tribunal by any means. It does not reads : One is to provide that all tbis matter then before the court come, in my opinio}l, within the definition of a judicial tribunal, as shall be a part of its record, if you choose to call it so, but that it shall we understand it in the jurisprudence of this country, and this circuit not be all the record; and my amendment provides ''and upon such court is vestea with certain powers which are not different from those other testimony as the court may think necessary," and thereupon that we conferred on the reviewing appraisers. They are made a higher after tha.t addition by the methods of the court to get evidence which reviewing board. are not restricted because it is such testimony as the court shall think That is not the m~ing of a judicial tribunal as we understand it in necessary, after these forms of information are exhausted, thereupon this country. To say that the circuit court may have referred to it by the court shall proceed to determine according to law the questions of the appraisers the record that they may make up and that that court classification and rate. shall then pass upon the question so framed with power to take other 1\Ir. President, that opens the court; it facilitates the antecedent pro­ evidence, making one of the appraisers an officer of the court for that cedure; it removes opportunities of litigation and delay, and is within, purpose, is not a. judicial investi.,oation in the proper meaning of that I think, the constitutional reservation of the trial by jury. term in English and American jurisprudence. I do not regard as a trial according to law a system that shall merely I do not want to raise so large a question as that would be, as to the go through the hearing and determination in acourtthat doesnotopen power of Congress to provide for such a tribunal and oust the ordinary the mouth of the suitor and open to the court testimony according to jurisdiction of the courts in the cases such as the ones here referred to. Ia w, and that does not open to the judge the powe.r of deciding the It may very well be doubted-although I do not undertake now to question of law or f.'\ct that is wrapped up in the subject-matter that is c..--cpress my opinion in that regard-whether it is within the competence submitted to him for judicial determination. I say I do not regard of Congress to deny to any citizen the right to bring a suit at common that as a trial according to law. I am not willing that we shall sub­ law to have questions of Jact determined by a jury wh~re that suit is stitute for the methods that have hitherto been open a mere scheme brought against an individual collecto.r or an individual officer for an by which a suitor may go into tbecourtifhis hands are tied behind him; illegal performance of duty, or rat.her for an illegal act in connection nor do I concede that it is a trial if the judge is in a strait-jacket as to with his official duty, for the exaction of a tax: not authorized by law. the disposition of it. It may be submitted that the Government bas a right to allow or to The question is twofold. Is there any o~jection to this method by I ' - disallow a suit against itself, but this is a suit by an aggrieved party which with rapid procedure, and making use of everything that has . ' . against an officer who Jlretends to exercise official authority under the been done before, there shall be the court's possession of the cause and United States and has abused that authority and exacted from the cit- proceeding with it under the freedom of testimony and the freedom of izen money that he bad no right. to exact. - Judicial determination of the question? Not unless there is some dis· I say tha.t is averylarge:md important question which will undoubt- favor to be shown to the suitors in this kind of litigation that is not edly come before the courts if this bill is passed into law. I think it shown towards any other suitors in the land. far better that we should avoid questions of that kind and leave the This matter was discussed two years ago for two or three days and importer as other citizens are left to the common-law suits which now resulted in th~ vote that the Senator from 1t1issouri h38 cited. I nr-

. .. . ~ . ., .. -

1890. ·coNGRESSIONAL REOORD-SENATE. . 4019 ·. gued this matter certainly on portions of two days, as many other Sen­ whateverexaction was demanded, but accompanied with protest. Thus ._ ators did, and it ended, as I have said, that the convenience or neces­ he received his goods, and then he wns to stand npon that question sity and the odium oftheaccumulationofsuits carriedeverythingaway, whether, hn.ving a right to be protected by law from not paying whn.t as the Senator from Missouri h2S now stated. the collector demanded, but what Congress did not demand, he could . .. In pointing out great faults in administration that bad led to accu­ maintain his suit on common-law principles. mulations, I ventured to say that, a new judge having been appointed, It was not a question of Federal jurisprudence; it was a question of as bad just been authorized by law, in two years all this mass that wa.s personal right between A B, the merchant, and C D, the wrongdoer, held up to frighten us from our sense of propriety and of freedom of who, by apparent authority, had exacted contrary to law, and there­ action would disappear; and I am told, though the Senator from Iowa course was in the State courts; and then, a.s it involved a Federal ques­ [Ur. ALLrso~ ] seems to think otherwise, that that is substantially true, tion, it was transferable to the Federal juri!!diction. So it went on and and that a new suit by a plaintiff merchant can be carried at common judgment was executed against the collector, not to take money out of ·. law into that court and disposed of and decided within the ordinary the Treasury, but to take it ont of the wrongdoer. Then the Govern­ time, say eight months, and that in another year the cases can be deter­ ment interposed and said, "That is the form of procedure, but still the mined much more nearly. Treasury and the Government are behind." Then by law there was l\1r. President, there is not necessarily any great accumulation of cnt off any right whatever afteryou had gotaformaljudgmentagainst suits. They do not stand on separate questions; they are in groups; an officer to execute the lien, and there came a question which the Su­ they are in masses; and the purpose of this method, which I favor, of preme Court decided, that this was not a denial of justice, because it getting them into court is that they shall not proceed from the ordi­ had substituted a provision which was considered equivalent; that is, nary interests and management of li¢-gious purposes, but may be treated that the Government was responsible and would make the payment, as a matter laid before the court for it promptly to dispose ot;_ and with as it did and always has done. the power in the court alone, as is suggest-ed, I believe, in the bill, that Mr. President, I do not propose to enlarge upon this suqject. If the .. priority shall be given. Senator from Missouri, if the Senator from Delaware, and if Senators I Now, 11fr. President, a word for the class of our citizens that are on either side of this Chamber will give a candid observation of the affected by thls disposition of them. They occupy a very awkward posi­ amendment that I have proposed, which covers the matter that is sought tion in regard to entirely lawful and very important commercial inter­ to be remedied by the Senator from Delaware, I think they will find ests. The tari.ffinterests, the protection interests, which I sustain fully, that the merchants whose wishes and views I represent, under their are, of course, watchful, as they rightfully may be. Besides that, the consideration of all the circumstances of the matter-that I have ob­ consignees of foreign manufacturers are very hostile to our clomestic served every possible and useful and indeed the entire faculty of rnpidity merchants that buy abroad. There is where the mischiefs and the fight of procedure to get to the point where the Government ha.s determined against protection are lodged-that is, in the consignee system of foreign what it is entitled to with that freedom in the court that is desired. manufacturers. The other question, which is also involved somewhat in this discus­ These merchants of ours that are struggling to maintain an open and sion, about whether it is improper that the Government should carry a lawful trade by purchase abroad and sale at home are between up the ca.se and that the merchant should only carry it up when the these two very watchful and very crafty competitors, and I am not_in court thought it was needed, I will not enter upon now, but it is all in favor, either in my relation to protection which I sustain, nor to frauds the compass of what I shall have to say upon that subject. Bnt that is which are nursed by consignee sales-I am not in favor of abridging all I need say now. I shall vote against this proposition, not that I in the least the opportunity of our merchant importers to bring in wish to curtail the freedom of the court and the right of the suitor, but h(}nest importations, and to have themselves by the ordinary law of because I think that can be accommodated to the other exigencies of the the land protected against ~y administrative control that may fall Government, which other exigencies two years ago ground us all down into the hanfu:. of one or the other of the interests that are competing to the necessity of abrogating any opening of the court at all. with the importer. I do not mean corrupt. I do not harbor fur a mo­ Ur. ALLISO~. I only wish to say a word now upon the amend­ ment in that observation such a suggestion. I mean that, when the ment proposed by the Senator from Delaware. merchants fighting against great odds find the purposes and interests The amendment proposed by the Senator from Delaware covers really around them on both sides of consignee sale and protection and tariff the important question, perhaps the most important question rnvolved interests, they shall have a court into which they can go, and that they in this bill, namely, whether or not we shall change the method of .. ...: _.. · shall go with the rights and the privileges that belong to the hearing procedure as respects th-e co1lection of duties, and, in changing that of the la.w and the facts. method: what we shall pro \Tide. I take it that no one here will deny But I shall vote against the amendment proposed. by the Senator from that we have the power, if we choose to exercise it, to apsolutely ex­ Delaware because I am willing that there shall be no delays and no in­ clude these importers from the courts altogether by statute. The Sen:~o­ terception and no intervention of purposes of any kind between the tor from New York [Mr. EVARTS], I believe, dissents from thatview. conclusion in this system, so well provided, for examination by appraise­ I may be mistaken in it, but the l::)upreme Court of the United States, ment and the court, and I ask therefore that it shall be, as it will be as I understand its decision, long ago decided that, by the statute of under my amendment, under the most summary control of the-court, 1839, which was a statute passed in view of the Swar~wout defalcations, the disposition of these causes without delay of pleading and other there could be no longer a common-law remedy by the importer even interruptions. against the collector. But nevertheless, when this pronosition is before the court, thus in­ -Mr. EVARTS. Only on the condition that an adequate remedy was troduced to it, the court mn.st see -whether the pith and essence and substituted otherwise. substance of the matter is before it or whether greater exploration is Mr. ALLISON. Very welL Congress afterwards did substitute needed; and~ in the view of the court, it turns upon a question of another remedy, and the Supreme Court decided that that statute took ·- fact on which the point of law is to be determined and the suitor says away the common-law right. Therefore that question is not involved "I am entitled to have that question of fact determined as other ques­ in this controversy, either in the amendment suggested by the Senator tions of fact under the Constitution and the habits of our courts are de· from Belaware or the amendment proposed by the Senator from New termined, 71 he is, mmy judgment, entitled to it. York. Now, the consequence may be this: If~ as I have stated, with this Now, the whole kernel of this matter res1s, in my judgment and I imperfect possession of the matter by the court, it is the only basis on think in the belief of the committee, on the point whether or not we . which the court can proceed, there are two suggestions worthy of much shall adopt summary proceedings, if you please, as respects these col­ attention: one, if the court will reject it on the necessary conclusion lectors, or whether we shall continue the tedious proceedings which are that it can not he made an appellate appraiser of merchandise under now practically involved in the existing law and which are proposed the Constitution, and that if it is to exercise judicial functions to ar­ in the amendment of the Senator from Delaware. rive at the truth in fad and a right det-ermination in law it can not On the question of the present situation in the port of New York, I be constricted in true judicial function by the authority of the court ask the Secretary to read from the report of the Secretary of the Treas­ concerning it. If that be true, then the necessary consequence will fol­ ury of last December the part which I have marked in the document low that the suitor will be driven back to try at common law the old I send to the desk. rights he has, which can not be ta.ken from him, in my opinion, except The Chief Clerk read as follows: by what the Supreme Court should determine to be an adequate sub­ APPE..-\.LS AND SUITS. stitute for it, that covered the substance oflaw and fact, and, if neces­ Uniformity of assessment at the several ports, and often as between importers sary, a trial by jury. of like merchandise at the same ports, has not been secured. Doubts as to the The old jurisdiction was this: I am old enough to remember when meaning of many of the separate provisions of the tariff schedules have led to the first discussions arose among the lawyers as to whether there was constant appeals to the Secretary of the Treasury, which are often stimuJated b-y speculative import-ers and cust{)ms attorneys., who seek to profi~ by th(\ pay­ any remedy whatever for a merchant when it was held that he could ment of the higher rates of duty, upon the basis of which the merchandise is not replevy his goods and that be could not sue the Government. The sold to the consumer, and the chance of obtainin2 a refund through the action -· of the Treasury Department or the courts. Thus domestic producers and im­ rightfulness and the constitutionality of taking the goods and holding porting merchants are deprived of a stable basis for their busjness calculations, them until the duties were paid could not be questioned, andatender and trade and commerce, as affected by the tariff, is thereby disturbed and tm­ of duties that the merchant thought was adequate in law, would not seltled. There were 25,349appeals byimportersfrom the decisions of collectors of cus­ enable him by that tender to hn.ve aright to replevy. He must, therefore, toms, chiefly from the port of New York, during the last fiscal year, and there be in a condition at common law, if he could have nny right, of paying are now ~)ending in the United States circuit court for the southm:-n district of

. ·•' .. '· ,. ''· ·, 4020 CONGRESSIONAL RECORD-SENATE~ APRIL 30,

~ew York 4,497 suits, which relate to more than two hundretl and .fifl.y different city of New York, by which the Government and the interests of the articles concerning which the classification is disputed. Of these suits 1,735 were brought during the last fiscal year, and in that· time only 653 were disposed of, Government were sacrificed to the extent of from one to five million showing an increase in the number in the fiscal year of 1,082. It will be seen dollars a year. Suits were commenced in untold numbers, fostered that under this state of things there is no prospect that the <:ourts will be able and piled up from year to year, adding at each session of the court to to dispose of this a.ccumulat~d litigation, in which the amount is estimated at not less than $25,000,000. · the docket list, and the costs of the docket fees sometimes exceeded the amount of the duty. Great multitudes of cases were brought and Mr. .A.LLI~ON. This discloses tbab at the present time the suits tried, all depending upon a t~ingle question. That practice has con­ at the port of New York, so far from diminishing, are on the increase. tinued to a greater or less extent to this time. This was the reason why the Committee on Finance three years ago I was surprised when I heard the statement of the Senator from Mis­ prepared and suggested the substance of these two sections which are souri that that practice bad been cut off and broken np by recent leg­ now under consideration, practically, in order that we· might get rid islation. The statement made by the Secretary of the Treasury of the ... of the tedious process of the courts at the port of New York, and pro­ number of cases pending, giving the actual inerease 1rom year to year, vide a just and more summary remedy, just to the Government and shows that the practice still continues. Formerly it was almost im· ' just to the importer. possible, howeve, numerous the cases might be involving the same ques­ Now, I submit that the facts-and numerous illustrations might be tion and however important, to get a trial in less than four or five years. given-disclose that it is in the interest of the public, the importer, It is known that the business of the Supreme Court was so blocked up and the Government that some new provision or method should be that, if a case was carried there, although they might desire to give it dedsed. priority and advance it as far aCJ they could on their docket, yet it was Take, for illustration, the very case that was decided only a few days very rare that a decision could be had in an important case in less than . ago, the worsted case, so called. That was decided by the Secretary four or five years. of the Treasury on an appeal from the collector or appraiser of the port In the mean time the Treasury Department could go on and collect of New York, I believe, on the 29th day of May, 1889, nearly one year duties according to their construction of the law; and until the de­ ago. He decided that worsted cloths should be dutiable as woolen cision of the Supreme Court was reached they had to follow their own goods. construction. This decision could not be reached until a vast number The facts were that worsted cloths were composed wholly of wool, of suits bad accumulated, and if the Supreme Court decided against as shown by the testimony before the Secrebary. Therefore be de­ the construction put upon the law by the Treasury Department then cided that they should pay the woolen duty, and from that time for­ there would be a refund of one, two, three, four, or five millions of ward the collectors were instructed to classify worsted goods as wool­ taxes which bad been collected, which bad been in the main added to ens, and all the importers were compelled to pay duty on those articles the cost of the importations, and the taxes had been paid by the con­ at the rate indicated for woolen goods. That was a year ago. Every sumers, because, as a general rule, there is no doubt about it that the importer, as I am informed, who has imported worsted goods since tax on the foreign goods is paid by the consumer, but a corresponding that time has imported them under protest, so called, in the language benefit, according to our claim, arises from the fact that this very cir­ of the present statute, thus enabling them after the final decision of cumstance increases the home production and soon compels competition the courts to secure a recovery from the Treasury for the entire amount, and a. reduction in price. But in the beginning, no doubt, the duty is :.unounting I do not know to bow many million dollars, but certainly added to the cost, so that the people have paid the duties assessed by a million or more dollars under this ruling of the Secretary of the the Tre!l snry Department, and then the lawyers and a few importers Treasury. divided the refund, sometimes amounting to $3,000,000. The same thing occurred some years ago with reference to ribbons Why, sir, there were two cases where the refund or loss to the Gov­ and with reference to laces. I do not know bow many cases of this ernment was at about that rate. OnetWas the famous case of fruit­ f._,. character have occurred in the last few years involving a good many trees.• The Senator from Vermont [Mr. .MoRRILL] desiring to admit millions of dollars. We sought to devise a process which should be fruit-trees-that is, trees advanced, bearing fruit-free of duty, they continuous and which should give the briefest possible time, with full were added to the free-list, and be connected the words "fruit 11 and jnstice.to the importer, and have a final decision upon these questions ''trees" with a hyphen. That was the law, and fruit-trees were ad­ so that the Treasury would not be subjected to these great and ex­ mitted, with certain other articles, free of duty. Finally, after a long haustive levies, and so that the consumers, if you please, !lbould not contest, the courts decided that these words were not connected, that be compelled to pay the additional prices, if those are charged, as is the hyphen was not there, and that fruit and trees were both to be ad­ claimed by some, in order that the importers shall not be able tore­ mitted free of duty, thus admitting all kinds of trees free of duty and cover large sums of money one, two, three, four, five, or ten years a(ter all kinds of fruit, including lemons, oranges, etc., upon that construc­ the goods bad entered into consumption. tion of the law, and the amount of the refund was an immense sum. This was the process, and in the statute we proposed he.re two or So in the sugar cases. The Treasury Department had endeavored three years ago we did not allow the courts to consider the facts in the to prevent acknowledged frauds in the classification of sugars by the case at all; we only allowed by the sections then reported the courts Dutch standard, and, as every merchant bad done in his business, en­ to consider the questions of law involved in the classification of the deavored to apply the polariscope to test the quality, the value, or goods, and the amendment of the Senator from Vermont [Mr. ED­ color of the sugar. After a long discussion, lasting some four or five MUNDS], which received but 5votesin this Chamber two years ago, his years, it was finally decided by the Supreme Court that there was no own and that of the Senator from New York [Mr. EVARTSj and three power in the Treasury Department to apply the polariscope to test the Senators upon the other side, did not even go to securing the liberal grade of the sugar. It is true it was decided by a majority of t.be Su­

provisions which we ourselves have inserted in this bill. That only preme Court, but the refund in that case was over $3,0007 000, every went to the point that questions of law should be considered by the dollar of which went to the lawyers and a few importers interested in courts. Now it is proposed by ~be amendment of the Senator irom the importation of sugar. Delaware [Mr. GRAY], and also, I fear, perhaps, by the amendment Mr. VEST. If the Senator will permit me, I wish to make a state­ of ~be Senator from New York [Mr. EvARTS], to take these cases again ment in reply to what he quoted me as having said here in regard to to the courts and allow the courts in the ordinary methods· by means the accumulation of these cases. I do not know whether the Senator of juries to try them according to the course of the common law. was present in the Chamber when I read the statement of what the I do not hesitate to say for myself that if that provision is to be in­ principal importers in New York said upon that subject. Arnold, Con­ serted in this bill I think it is jnst as well to allow sections 2931 and stable & Co.-- 2932 of the Revised Statutes to remain, so far as that question is con­ Mr. SHERMAN. I was present. cerned, because under either provision the tedious and slow processes 1\Ir. VEST. They stated that this accumulation of business had been of the courts will continue in the great port of New York, and there­ done away with by Judge Lacombe, and I think a great deal of the fore, Mr. President, I think this is a vital amendment to this bill, and apparent discrepancy between the statement of the Secretary of the I hope it will not be agreed to. Treasury and of these persons on this question comes from the fact that .. Mr. SHERMAN. Mr. President, I regret, although I acquiesced in one case will very frequently decide hundreds of cases. There are really it, that the Senate have amended the House bill, which was a substan­ but a few salient points, you may say, in all these cases that are to be tial plan by which the revenues of the Government could be collected determined by the courts. Whilst there may be a great many cases promptly, and all'legal questions or questions of law and of fact could ostensibly upon the docket, they are really not for adjudication. have been summarily disposed of after a fair and honest trial. The Mr. SHEH.M.A.N. The ~ecretary of the Treasury reports that there ' . amendment proposed by the Senate, however, was a concession to the are 29,000 cases and that they arise upon two hundred and some odd lawyers, and not to the importers. chmses of the tariff law. As t.bere are only about 700 under our present Years ago, when this question was before the Senate, the importers tariff law, about one-third of the clauses of the tariff law on these sub­ prayed for a customs court to be organized in the city of New York, jects are now pending. with power to try causes that arose in other parts of the country, and Mr. GRAY. The Senator from O~io says that the Secretary of the which could apply swift justice and a remedial trial of all the facts and Treasury put it at 29,000 cases. They were not cases in court. law in the case; a court to be conducted by five judges, to be selected Mr. SHERMAN. Protests. specially for that purpose, and all appeals from that court were cut off. M1·. GRAY. The number in court was 4,497, according to the Sec­ That was the desire of the importers. retary. But under the existing Jaw a practice has grown up mainly in the :Mr. SHERMAN. Cases of protest, I meant. There are four thou·

. ' . • ... . . ,; .· r' I •' .·· •' 18.90. CONGRESSIONAL RECORD-- SENATE. 4021 ) . - sand and odd cases, and they have increased in a single year 1, 000. general, broad jurisdiction of everything that may be brought into the .,. That statement was made. Those are the figures given in the state­ courts of the United States, is not so good a court for this business as ment made by the worthy gentleman quoted by the Senator from Mis­ a court devoted especially to the construction of the revenue laws souri. You can not contradict that statement. There it stands. w~ere so many cases involving important principles are brought; but Mr. EVARTS. The Senator will allow me to say that the Secretary still it is a court of high character, high jurisdiction, and the only ob­ himself says that these 4, 000 cases in court only cover two hundred and jection to it is that it is already occupied by many other cases of a dif­ :fifty questions. ferent class entirely, involving the rights of individuals, brou~ht into Mr. SHERMAN. Two hundred and some odd clauses of the tariff the courts of the United States under the judiciary act. Therefore, law. this provision, as it stands, is a great concession; bht, if it is not satis­ Mr. EVARTS. No, questions. factory, I feel disposed to fall back on the original proposition. Mr. SHERMAN. It does not make much difference; but, as I un­ I say now that the House proposition, which requires an ascertain­ derstood it, it was clau~es of the tariff law. ment of the facts by the best possible mode and then a transfer of that Now, Mr. President, I will go on; I shall only detain the Senate a caRe upon questions of law to the circuit court of the United States, moment further. The bill, as it was sent to the committee by the w.ould be better than the provision made by the Senate committee, and House of Representatives, contained in substance provisions which had I say that this concession, if not accepted, ought to induce us to fall before passed the Senate. It provides :first-and' that we have never back upon the original proposition and then we shall have a court had before-for a superior class of officers. Their salary is equal al­ where these cases may be tried. most, as proposed by the Senate committee, to that of a Cabinet officer, If I had the power t-o do so I should organize not only this mode of among the highest salaries paid by the Government, $7,500 a year, and ascertaining the facts, but I should organize a special court to pass upon the nine men are to be selected without regard to party, or rather only questions of law, and I should cut off all reference on all appeals or a certain number can be taken from one party, so that both parties writs of error from that court to the Supreme Court of the United States, must be represented. except in cases involving constitutional questions and other questions They are presumed to be men of the very highest character and stand­ over which the Supreme Court has original jurisdiction. ing, who receive a liberal compensation to perform a single duty, that Now, Mr. President, this has never been considered anywhere in the is as appraisers of merchandise. The ordinary appraisement goes on nature of a party question. Although there seems to have been a party by the subordinates, but in case of any dissatisfaction whatever, ac­ vote on it some time ago, it never has been so considered by the Dem­ cording to this bill, either by the United States or the importer, that ocrat~ on the Committee on Finance, I am sure, who have given as matter ofvalue is referred to these officers, experts, and they pass upon it. much attention to this matter as any other members of the committee, That question is one depending upon touch, upon sight, not upon evi­ and gone on with a view of doing whatever is necessary to secure a dence. The evidence is there before him; what is the value of the ar­ prompt and quick decision of all cases that arise under the customs ticle imported, what is its character and classification? The word laws, and while this is a great improvement upon whlft has gone before "classification" imports a legal question also; but the mere value of yet.~ believe the result will be in the end that we shall have a customs the article is a question of fact to be determined by a skilled officer ab­ cotl!t to decide upon questions of law and these customs appraisers, to solutely impartial; and, if the importer or the Government is not satis­ pass finally upon the question of valuation. Then the valuation and fied with one such officer, either party can by appeal require the judg­ classification will be settled, and there will be no further controversy ment of three of these officers in New York, and they then pass upon and no long-pending series of suits at law and vast refun~ from the the question of valuation and also pass upon the c1assi:fication, which Treasury of the United States in customs cases. is a mixed question of law and fact, depending upon the phrase of the Mr. HISCOCK and Mr. Ev.ARTS addressed the Chair. law and also depending upon the fact whether it is a particular article Mr. GRAY. I want the ear of the Senator from New York [Mr. of goods or not. EvARTS], and I wish to read from a document that I hold in my hand This is sufficient. This does, in the language of the Senator from a confirmation of the criticism the Senator from New York bas just New York, provide a substitute for the common-law remedy, and the made upon the report of the Secretary of the Treasury, which entirely best kind of a substitute for the common-law remedy. It provides im­ supports what he said: partial tribunal8 to ascertain facts, and those facts being thus ascer­ TheSecretarygivesthenumberofcustomsca.sespendingatisstieJanuaryl,l890, tained, they are certified to the court. The case may then be tried in a.s 4,497. It must be remembered that this large number does not mean as many the court upon the facts here stated, and who does not see that· the different issues. The suits are brought under t.he requirements of section 2931, United States Revised St.a.tutes, which requires the importer to begin suit within judgment of these three men upon a question of faet is worth more ninety days after the Secretary's adverse decision in order to preserve his claim, than the judgment of fifty jurors or :fifty juries? Here is an impartial and are decided by test cases which often settle large numbers of similar cases. verdict, you may say, of three skilled and competent men trained in (The Edelhoff case, recently decided by the United States Supreme Court, dis· poses of over 600 of the 4,497 referred to, and the Glendenning case over 200 the business, and how much better that would be than a jury picked more, for example.) up in New York, where the great body of the population is more or The Secretary can control the number of suits brought by delaying action on less interested in reducing the duties and in favor of evading the duties? the appeals after a sufficient number have been answered to assure the prompt presentation of the questions involved to the courts. Does not every one see that that isfairandjust, because the importers The Secretary states the number of issues in the 4,497 suits as 250, but this are as much interested in this valuation as anybody else? includes issues already disposed of and also some that are se,·eral times re­ Mr. GRAY. Will the Senator from Ohio allow me to make a sug­ peated under different names on his list. Good authorities give the number of untried issues on the 1st of January last as not over 75, and are informed that gestion to him ? at the present time there a.re only 50. Mr. SHERMAN. I wish the Senator would allow me to go on. 1\Ir. GRAY. It is just in relation to the position taken in regard to 1\Ir. HISCOCK. Mr. President-- this amendment. No one has ever claimed that there ought to be Mr. GRAY. I was speaking of the senior Senator from New York an appeal to a judicial tribunal in the matter of valuation, and this [Mr. EVARTS] when I referred to the Senator from New York, but I amendment is not intended to give any such appeal. will yield with equal cheerfulness to the junior Senator in a moment. ' · Mr. SHERMAN. What I say is partly a criticism of the amend­ The senior Senator from New York, in the remarks made upon the ment proposed by the committee, that, instead of being satisfied with amendment that I had the honor to offer, seemed to me to be support;. the House proposition to make the report of these men :final and con­ ing the principle of that amendment. I am sorry tq hear him say clusive upon the facts, it does as a concession-because it was not the that he will vote against it. His argument was for it. But I have no desire of the committee to do it-as a concession to the lawyers of the pride of opinion in regard to that amendment. If I can be made to Senat.e, it provides that both the fact and the law may be opened and believe that the amendment that is proposed to be offered hereafter or new testimony may be taken and the case brought before the circuit the one offered yesterday evening by the Senator from New York cov­ court of the United States upon new testimony. ers the objections that I have to this feature of this section, I shall most This is what I complain of partly. But the Senator from Delaware heartily join with him in supporting it and should be quite willing . and the Senator from New York go far beyond that and want a con­ now to abandon the amendment I have offered. But I should like to tinuous trial, a trial by the circuit court of the United States, which know tbat that amendment really covers this point and provides with­ I do not think is as well adapted for the trial of these cases as a special out any cavil or doubt for preserving to the importer the right of a court organized for that particular purpose. I know the opinion of the common-law suit or the chief incident of a common-law suit, the right justices of the Supreme Court of the United States on that question, of trial by jury, as to questions of disputed facts If that is so, I shall because I conferred with them at the time when the subject was under take the amendment of the senior Senator from New York in prefer­ my charge, and I know the Supreme Court desire to be relieved from ence to the one I have had the honor to offer. these custom cases and patent cases, and, as a venerable judge now Mr. HISCOCK. From the discussion that bas transpired l:J,ere . it dead said to me, they were not the best fitted to decide cases involving would seem that Senators entertain the idea that this bill is harsh in questions of commercial law, or rather not of commercial law, but of its provisions upon the importers, upon the tax-payers, if yon please. commercial fact, as to the value and grades and classifications of var­ Are Senators aware that no State, so far as I have been able to learn, ticular goods, and so of patent cases. The SupremeCourt at that time bas ever gone t-o the extent of giving to the coun.s a review of tax desired the organization of these separate courts in order that they assessments or the right to a trial by jury of the questions involved in might be relieved and that a better court might be provided to try the a.o;sessment of property and the levying of taxation where the tax­ these particu1ar classes of cases. ing officers have exercised jurisdiction? Mr• .President, the circuit court of the United States, a court with Mr. GRAY. May I ask the Senator from New York if he knows of

I •

. ,. ~ ' . 4022 CONGRESSIONAL RECORD-SENATE. APRIL ~0,

~ any State where the citizen of that State is denied the right of an ap­ · are entitled to a jury trial there would have been some logic in their J, I peal to a judicial court where illegal taxes have been exacted from him? position. Mr. HISCOCK. Hemaycommencehissuit, I grant, at common law, Mr. President, I am in favor of the most speedy determination of but when it transpires that the officer bad jurisdiction that is an abso­ these cases, and that is the reason why I favor this provision. It se­ lute defense-that is what I say-and he is dismissed from the court by cures to the contestants all the evidence and a review of all the facts writ of error or by certiorari or some such method as that. If the tax­ which bear upon these questions of classification. But it is speedy. ing board had jurisdiction of the subject-matter, jurisdiction I mean to The court does ~ot consume its time in taking testimony. The record make the decision, a common-law action may be brought,1mt will not comes up to it, and if that is incomplete or there is new evidence that be sustained, to review that decision. Here we have provided a review bas been discovered or any evidence which the parties desire to pro­ of the decisions made by the taxing officers, by the couri:s. No State duce, it can be furnished. The court, as I remarked, spends no time has' ever gone beyond that. In an orderly way they may go up and in taking this evidence. carryto the courts the questions offactand the questions oflaw which In reference to all these cases in the end, if they are passed upon by are involved, and I would not deny them the right of a trial by jury the court of last resort in this country, witnesses are not heard before if it was of any value. that court, but it only sees the printed testimony. I am surprised that If Senators argued here that as to the question of the value of goods gentlemen do not attempt to ingraft upon this law a provision that in there should be the right of trial by jury, I could understand the force all these cases which come to the Supreme Conrt of the United States of an argument of that kind. Why? Because questions of value are the witnesses· shall be called there and looked at and examined by the always speculative; a wide margin may bein the evidence. Questions judges. Remember that court is the court of last resort in respect to of value have always gone to juries. I do not mean questions of value these decisions and its judgment is to be the final judgment; and if it is in the administration of the customs laws, but in the administration necessary that the circuit judge, as was suggested in the communica­ of law generally questions of value have been left to juries because tion which has been read here, should see the witnesses, why is it not the proofmight be con:ilicting and there was a wide chance for the ex­ necessary that this court which sits in review over all that that court ercise of a wise judgment. does should see these witnesses also ? Now, what are the questions to be presented upon the appeals which There is no substance in this claim. Congress has gone to an ex­ are provided for in this act? Classification, and the character, the con­ treme in the past, has gone beyond the States, beyond any one of them, struction, the material of which the goods are made. Those are the so far as I know, in providing for an orderly and legal review of ques­ only questions. The law is to be construed; construction is to be put tions of taxation where the taxing officer has absolute jurisdiction upon the statutes. There is no question of fact involved there for a with respect to the law and the ihcts. jury, none whatever. It is for the court to construe the statute. What this bill does contemplate is a speedy determination of the Take the case that was suggested by the Senator from Ohio in refer­ question. A decision is made by the one appraiser, it is hastened on ence to putting b.pon the free-list fruit-trees. By a hyphen between to the board, and within ninety days it can be before the circuit judge the two words it was held to admit both fruit and trees free. 'i:~at for his decision and his determination. The appraisers are to be en­ question of fact was there there for a jury to pass upon, for ajtUY"to lightened by it in respect to their future decisions; and as to this specu­ .- speculate upon? None whatever; but that case illustrates the ques­ lation which is contended for that importers shall have of selling their tions that are presented under this section of the bill. goods to their customers, adding cost, which includes the customs taxes In detetminingthe question of classification, however, it is necessary levied upon them, selling to the consumers their goods, receiving back to determine the materials from -which goods are made, the materials their profit and the cost of their goods, taking all this into account in of chief value which enter into their composition. It is necessary to de­ making their sales as they do, who doubts for a moment that the im­ termine the name of an article, its commercial name, the name by which porter of foreign merchandise in disposing of his importations adds the it is known in trade often, and an expert tells the court of what it is customs taxes that he has paid to the amount of money that he had made. Possibly chemistry may be brought to the aid of the court; paid for the goods themselves? but there is very rarely ever a disputed question of fact in this class of He has disposed of the goods and got back his money and his profit, cases. probably based upon the cost including customs duties. Then the How should the goods be designated? That is a question of com­ question is whether he shall be allowed to speculate in the court, to mercial usage. By what names are they known in commerce? Mer- drag the case along, if you please, for years, to speculate and be allowed -chantS do not differ upon such questiong, and in respect of the trial of to do it by a Federal statute, recovering possibly millions of dollars, a cases where the classification is involved it is rarely that the jury can group of them, to be distributed between themselves as additional sit there; it is rarely that the conscience of a court is guided by the profit.. verdict of the jury, which is rendered generally under the direction of Mr. PLATT. And the lawyers. the judge or under such a charge from him, such instructions from Mr. HISCOCK. .And the lawyers. That is what they are clamor­ him, that there is practically no exercic;;e of judgment by the jury. The ing for, Mr. President. That is what it is insisted shall be preserved facts are technical and the witnesses agree upon them and in respect to them. The certainty of law is what they are entitled to, quick and to them, and, as I remarked, in the trial of those cases there is rarely prompt, in the transaction of their business. I might almost add in 3D opportunity for the exercise of judgment on the part of the jury. this connection that it is of but little consequence what the decision That is the reason why I, for one, was in favor of the provisions of is, only that it comes '(ll'Omptly, so that transactions may be based this bill, not because I would impose any hardship upon these people upon it. or because I would restrict commerce. Oh, no; I would secure to them A case that has been prolonged a year or eleven months has been every right; they should be deprived of none; and if there was anything alluded to by the Senator from Iowa, trade, manufacture, and importa­ substantial in this claim for a jury, I would give it to them. Large tion unsettled all over the country, the manufacturer uncertain as to amounts are involved; and I am almost warranted in saying that in all what be can or should do in respect of making those goods, and im­ this class of cases, or cases in which large amounts are involved and in porters themselves to some extent in doubt. One class of importers-- which there is no speculation as to damages, the intervention of a jury :Mr. McPHERSON. Will the Senator permit me to ask him a ques­ is not provided for by the law. tion? Take our patent cases under onr patent laws; take all questions in Mr. HISCOCK. Certainly; but I just want to complete the sen­ relation to the support of and maintaining of wills, all questions in­ tence. One class of importers possibly, those who consign goods to volving fraudulent transfers of property which are directly assaulted. themselves here from the other side, owning the goods, probably could It is true that in those cases the court may frame issues and send them afford to take the chances of that condition of things of this specula­ to a jury; but when did it ever do it? Take a lawyer here who has tion in respect of the future; but as to every man who bought upon the largest practice and has practiced for the longest time in his profes­ the other side and brought them here, parting with his money for the sion, and how many times has he ever invoked the aid and order of the goods, and as to every man who manufaetured them her~, there was conrt that a jury might come in to pass upon questions offact involved embarrassment. Now, then, the Senator may ask his question. in equity causes? Go to our large cities and attend a conrh and run Mr. McPHERSON. I ask the Senator from New York if it is not through the common-law actions upon the calendar, the actions at law true that between the date of the decision by the circuit court in these as distinguished from equity actions; actions for seduction, breach of cases and the date of the decision by the supreme tribunal, which is the promise of marriage, assault and battery, slander, are reserved for the Supreme Court of the United States, they are receiving all the benefit jury, and in the other cases the juries are waived. that can accrue under the order of the Treasury Department, which, of .Mr. GRAY. The Senator has forgotten a large class of CMes, cases course, mnst stand between those two decisions . of indebitatus a...c;sumpsit and assnmpsits generally, perhaps the largest Mr. HISCOCK. The Senator means under this proposed law? item in the list. Mr. McPHERSON. For instance, yon take the case of the worsted Mr. HISCOCK. In my experience, as a rule, the juries are waived. goods, if you please, in which the Secretary of the Treasury bas issued Certainly that has been the casein my practice (perhaps it was somewhat an order that the duty after such a time shall be at a certain rate. Six limited), to seek a reference, but in all cases where damages are specn­ monthf', after that, or three months after that, the circuit court decides ]ative, as I have remarked, where appeals can be made to passion or that that is not the trpe and the lawful rate. Now, as a matter of prejudice, or where the human heart is called upon to mete out justice, course, the order of the Recretary of the Treasury must be defended by '· even if it is safer to the two parties, there the jury is retained; aod if the Government until we get a review of the case by the Supreme the Senators had said in respect to the value of the goods these people Court. Do not the importers p:et all the benefit also of all importations

"'I ·.·.. .· -_, · ,• • • • •' • .', I • •_, • : 1890. CONGRESSiONAL REOORD-HOUSE. . 4023 ' ' on which they make protest between the date of the circuit court's de­ Mr. EVARTS. At the present stage of affairs I move to go into ex:- · cision and the decision of the Rnpreme Court? ecutive session. Mr. HISCOCK. Oh, certainly. The PRESIDING OFFICER. The Senator from New York moves I do not believe that the merchants or importers, foreign or domestic, that the Senate proceed to the consideration of executive business. are entitled to this discrimination in their favor; and I supplement this · The motion was agreed to. by adding that I have not seen in any instance an earnest endeavor on Mr. ALLISON. Before the doors are closed, I desire to give notice the part of the merchants of New Y o:rk to secure such discrimination. that to-morrow I shall ask the Senate to sit until this bill is dis~ .r I remember one meeting of the Committee on Finance upon this meas­ posed of. ure that was attended by a large and very respectable committee ofim­ The PRESIDING OFFICER. The Senator from Iowa, in charge of porters of New York, and they expressly disclaimed there the desire for the bill under consideration, gives notice that be will ask that the Sen· a jury trial. They did struggle for the introduction of new evidence ate proceed with the consideration of the bill to-morrow until it is com· and the provision in the pending bill that they should have sixty ad­ pleted~ ditional days in which to furnish new evidence was given to them to Mr. ALLISON. Until finally disposed of. secure their rights. · 1\fr. VEST. There is no unanimous consent asked to it? In that connection they protested against its being sent back to an 1\Ir. ALLISON. No. appraiser to take the testimony, and they were pointed to the fact that 1\Ir. HARRIS. It is simply a notice. the appraiser should have no discretion with respect to the testimony, The PRESIDING OFFICER. It is simply a notice to the Senate. that he was to take all that' was offered, and I understood that they EXECUTIVE SESSION. went from us in peace and satisfied with the provisions of the proposed act. But whether they were or not I am opposed to giving them this The Senate proceeded to the consideration of executive business. claim against the Treasury for an additional profit upon the goods which .After ten minutes spent in executive session the doors were reopened, they have sold, to be recovered into their pockets or into the pockets and {at 5 o'clock and 40 minutes p. m.) the Senate adjourned until to. of their counsel a year after they have disposed of the goods, themselves morrow, Thursday, l'tfay 1, 1890, at 12 o'clock m. fixing a price based upon the customs duties which they had paid.' NOMINATIONS. TERRITORY OF OKLAHOMA. Executive nominations received by the Senate the 30th day of April, 1890. Ur. PLATT. Mr. President, I ask the Senator who is in charge of thi'> bill if he will yield to me that I may ask unanimous consent to SURVEYOR-GEXERAL OF IDAHO. introduce and have passed at this time a concurrent resolution which is · Willis H. Pettit, of Wallace, Idaho, to be surveyor-general of Idaho, necessary to correct a mistake which wasdisc~veredin the Oklahoma bill. vice Joseph C. Straughan, whose term of office will expire Jnne 15, Mr. ALLISON. Very well. 1890. The PRESIDING OFFICER (Ur. CuLLOM in the chair). The con­ RECEIVERS OF PUBLIC JIIONEYS. current resolution will be read for information. Norman H. Meldrum, of Denver, Colo., to be receiver of public mon· The Secretary read as follows: eys at Sterling, Colo., a newly established office. Resolved by the Senate (the House of Representativu concurring), That the Com­ Samuel V. Newell, of Central City, Colo., to be receiver of public mittee on Enrolled Bills be, and is hereby, authorized and directed to strike out from the enrolled copy of the bill (S. 89:>) to provide a temporary gov­ moneys at Central City, Colo., vice Samuel I. Lorah, term expired. ernment for the Territory of Oklaholll!l., to enlarge the jurisdiction of the George C. Reed, of Yuma, Colo., to be receiver of public moneys at United States courts in the Indian Territ{)ry, and for other purposes the word Akron, Colo., a. newly established office. "west" where it occurs on page I, line 21, in said enrolled bill, and substitute therefor the word "east." George 1\f. Bourquin, of Butte City, Mont., to be receiver of public The PRESIDING OFFICER. Is there objection to the present con­ moneys at Helena, Mont., vice Horatio S. Howell, whose t-erm of office iideration of this resolution? will expire May 4, 1890. 1\Ir. COCKRELL and others. No objection. REGISTER OF LAND OFFICE. The resolution was considered by unanimous consent, and agreed to. SamuelA. Swiggett, of Wickes, Mont., to be register of the land CUSTOMS ADMINISTRATION. office at Helena, Mont., vice Samuel W. Langhorne, whose term of office The Senate, as in Committee of the Whole, resumed the considera­ will expire May 4, 1890. tion of the bill (H. R. 4970) to simplify the laws in relation to the col­ INDIAN AGENTS. lection of the revenues, the pending question being on the amendment James E. Helms, of Burchard, Nebr., to be agent for the Indians of submitted bv fu. GRAY. ' the Santee agency, in Nebraska, vice Charles Hill, whose term of office Mr. EVARTS. Mr. President, I do not know whether it is the de­ will expire May 17, 1890. A nomination was sent to the Senate April sire of the Senator from Iowa to prolong the debate further to-day. 23, 1890, and confirmed, in which the name of said Helms was errone­ The PRESIDING OFFICER. The Senator from New York has the ously stated as John. floor, if he desires to proceed. Otherwise the yeas and nays have been Wallace R. Lesser, of Tama, Iowa, to be agent for the Indians of tho ordered on the pending amendment. Sac and Fox agency, in Iowa, vice Enos Gheen, to be removed. Mr. EVARTS. I am not quite ready to proceed wilh what observa­ PRo:liOTION IN THE MA.RINE CORPS. tions I have to make on this subject, which are not to be long, and I Second Lieut. Charles H. Lauchheimer to be a :first lieutenant in tho was asking the Senator in charge of the bill whether he desireq that United States Marine Corps from the 9th of January, 1890, vice First the matter should go over until to-morrow. Mr. COKE. 1\lr. President-- Lieut. Hmry Whiting, Marine Corps, deceased. Mr. ALLISON. I will consult the convenience of Senators. The Senator from Texas has some request to make. CONFIRMATIONS. Mr. COKE. I desire to propose an amendment that in case the bi11 Executive nominations confirmed by the Senate April 30, 1890. goes over until to-morrow may be printed. It is an amendment in RECEiVER OF PUBLIC MONEYS. the nature of a substitute for section 22. Samuel V. Newell, of Central City, Colo., to be receiver of public The PRESIDING OFFICER. The proposed amendment will be re­ moneys at Central City, Colo. · ceived and ordered printed. Mr. ALDRICH. I ask that the amendment be read. !!\"'"DIAN AGENT. The PRESIDING OFFICER. The am(mdment which the Senator ·James E. Helms, of Burchard, Nebr., to be agent for the Indians of from Texas proposes to submit will be read. the Santee agency in Nebraska. The SECRETARY. It is proposed to strike out section 22 of the bill and to insert in lien thereof the following: That no allowance for damage to goods, wares, and merchandise imported into the United States shall hereafter be made in the estimate and liquidation HOUSE OF REPRESENTATIVES. of duties thereon, unless the said merchandise be sold at public auction. .Ap· plication to the collector of the port for authority to sell must be made within WEDNESDAY, April30, 1890. ten days after the completion of the landing of the said merchandise, and the sale to be made wilhin ten days after the granting of such authority by the col­ Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. lector. The allowance on the duty on merchandise so sold shall in no case ex· ceed the percentage of loss on the sound duty-paid value on the day of said The Journal of yesterday's proceedings was read and approved. auction sale, shown by said auction sale. This provision not to apply for al­ 1\IESSAGE FROM THE SENATE. lowance for breakage on plate and window glass, which is to continue as here· tofore. All the foregoing to be subject to such regulations as the Secretary of A message from the Senate, by 1\Ir. McCooK, its Secretary, an· the Treasury may prescribe. nounced that the Senate agreed to the amendment of the House of Rep­ Jrt:r. GRAY. I ask that my amendment be printed. resentatives to the concurrent resolution of the Senate concerning irri­ The PRE.':UDING OFFICER. It will be so ordered. gation of lands in the valley of the Rio Grande River, etc. 1\fr. COKE. I also ask that the amendment just proposed by me be The message further announced that the Senate had passed a bill (S. printed. 2781) t~ forfeit certain lands heretofore granted for the purpose of aid­ The PRESIDING OFFICER. That order will be made. The senior ing in the construction of railroads, and for other purposes; in which Senator from New York is entitled to the floor. concurrence was requested.

:

' '\ ' .:J ... ', ., 4024 CONGRESSIONAL RECORD-HOUSE. APRIL 30,

The message fnrther announced that the Senate had passed bills of pointment of Mr. 1\IILLIKEN, :Mr. DARLINGTON, and Mr. DmBLE as the following titles; in which concurrence of the House w_as requested: conferees on the bill (S. 889) for the erection of a public building at A bill (S. 964) to authorize the Secretary of the Intenor to convey Chester, Pa. to the State of Kansas certain lands therein; and LEA. VE OF ABSENCE. A bill {S. 3357) for the relief of Leonard Martin. By unanimous consent, leave of absence was granted as follows: The messaae0 further announced that the Senate had agreed to the report of the COmruittee of conference on the disagreeing votes of the To Mr. MUDD, for this day, on account of sickness. two Houses on the amendments of the Senate to the bill (H. R. 533) To M:r. FEATHERSTON, for to-day and to-morrow, on account ofsick­ ness in his family. . for the erection of a public building at Fremont, Nebr. To Mr. CASWELL, for one week, on account of important business. PUBLIC BUILDING, DALLAS, TEX. To Mr. HALL, indefinitely, on aecount of important business. The SPEAKER laid before the House a message from the President WITHDR.A. W.A.L 0}1' PAPERS. of the United Statesj which was read, as follows: By unanimous consent, leave was granted to Mr. BREWER to with· To the House of RepJ·e.scnlatives: . . . I return without my approval the btll (H. R. No. 848} to author1ze the con­ draw from the files of the House papers in the case of the application struction of a.n addition to the public building in Dallas, '.rex. of James Shaw for a pension. The bill authorizes the construction of a wing or addition to the present pub­ lic building at a cost of $200 000. I find that the bill as originally introduced by NATIONAL-BANKING SYSTEM. the member repre ·enting tl~e Congressional district in which Dallas is situated fixed SIOO 000 as the limit or the proposed expenditure: and it was so reported By unanimous consent, leave was granted to Mr. HITT to print in the from the Committee on Public Buildings and Grounds, after conferring. with RECORD the petition of James W. Cormany and 123 other citizens of the Supervising Architect of the Treasury. A bill of the same tenor was mtro­ Carroll County, Illinois, for the passage of laws for the perpetuation duced in the Senate by one of the Senators from that State fixing the same limit of expenditure. of the national-banking system under which the interest of depositors The public building at Dallas, for which a first appropriation of ~.000 was is protected by Government supervision. made in 1882, subsequently increased to 812~,000, was onlr complet~d m 1889: It The petition, which was ordered to be referred to the Committee on is probably inadequate now to the convement transact10n of bu~mess, chtetlr in that part assigned to the Post-Office Department. The matena.l and archi­ Banking and Currency, is as follows: tectural style of any addition i.s fixed by the presen~ ~uild_ing and its gro~nd Petition for the passage of laws for the perpetuation of the national-banking area. bv the available unoccupied space, as no proviston 1s made for buymg system under which the interest of depositors is protected by Government additional ground. The present building is 85 by 56 feet, and 1\lr. JohnS. Wit­ supervision. wer, the postmaster and the custodian of the building, writing. to the Supervis­ To the honorable tlUJ numbers of the Senate and ing Architect, advises that to meet the ~?resent and prospectn·e needs ?f ~he Hot/,SC of Representatives of the United Stales in Cong1·ess assembled: Government an addition at least two-thuds as large as the present bUJidmg Your petitioners, citizens of your Congressional district, in whose daily busi­ should be provided. It will be seen from the following extract ~rom a letter ?f ness dealings with banks are indispensable, respectfully represent: the !Supervising Architect to the chairman of the Senate. ~mm1ttee on Pubhc That for the last twenty-seven years the national-banking system has been in Buildings and Grounds, dated February 17, 1890, that a bmldmg larger than that operation, and has furnished a. safe and convenient currency, and has been a. sugu:ested can be erected within the limit of $1~,000.. ?e says: "From com­ reliable and secure custodian of the money deposited with it; putations made in this office based u.po~ data. :r;eceived, 1t IS f~und. that a!l exten­ That the confidence of the people is shown by the following facts, reported sion or wing, about 40 feet by 85 feet In dunenstons, three stor1es high, wtth base­ by the Comptroller of the Currency: ment, giving 3,400square feet, in addition t~ the 4,760square feet of the firsfi.fl~or That on September 30,1889, their capital and surplus amounted to 8300,000,000. area of the building, of fire-proof constt-uctiOn, can be erected on the present site The shares of stock numbered 6,097,983. More than one·halfot the stockhold­ within the limit of cost propused by ~id bill, n~ely, $100,000." . . . ers owned stock in amounts of $1,000 and less, and more than three-quarters in It may be possible that .an expet?diture of ~-<>,000 for a. public bmldi!lg at amounts less than $5,000, indicating the wide distribution of the shares. The Dallas if the questions of site, material, and architecture were all undetermmed, loans of the system to the people and the Government were more than $2,000,- could 'be defended, but under existing conditions I do not. see l~ow an appro­ 000,000. Deposits in national bankR on the same date were $1,947,000,000; de­ priation of $200,000 can be justified, when one-half that sum lS plamly adequate posits of all other banks in the United States, exclusive of deposits in savings­ to such relief us the present site allows. banks, amounted to $963,000.000 only, showing conclusively the confidence of The legislation for the erection of public buildings has not proceeded, so far the people in the national system; as I can trace it, upon any general rules. N~ith.er population. nor the extent ?f That the high price of Government bonds, together with the tax on circula­ the public business transacted has n.lways mdiCated the pomts where pubhc tion, has rendered the circulation privilege o. burden to the national banks, and buildings should first be built or the cost of the structures. It can not be ex­ tlmt the restrictions on their business enforced by Government supervision pected that in the absence of some general law, the committees of Congress tend to the withdrawal of capital from the system and its investment where it having cha'rge of such mntters will proceed in their recommendations upon can be used free from the re.;trictions imposed by the national-banJdng law; strict or equal lines. The bills are individual, and if comparisons are attempted That the system has since 1863 been a most important factor in strengthening the neceSSII.ry element of probable future growth is made to.cover all apparent the Government credit, and that, with an average circulation of about 5270,- inequalities. It will be admitted, I am sure, that only a pubhe need should sug­ 000 000 it has returned to the Government of the United States over one·half of gestthe expenditure of the public money, and that, if all such needs can not be th~ nr~ount {$137,664,134) in taxes, in addition to the taxes paid to State and mu­ at once supplied, the most general and urgent sh?uld have the preference. . n icipal governments. I am not unfriendly to a libeml annual expenditure for the erectiOn of pubhc Your petitioners therefore pray your honorable body will amend the national­ buildings where the safe and convenient transaction of the public business de­ banking laws in the following particulars: mands it ~nd the state of the revenues will permit. It would be wiser, in my 1. That the minimum of bonds required to be deposited before a. national bank opinion to build more and less costly houses, and to fix by general law the can commence business (whether circulation be issued or not) be reduced to amount' of the annual expenditure for this purpose, and some order of prefer­ $5,COO for banks with a capital of $200,000 or less and to $10,000 for banks wilh a. ence between the cities asking for public buildings. capital in excess of $200,000. But in view of the pending legislr..tion looking to a very large reduction of 2. That the circulation issued shall be 100 per cent. of the par value of the our revenues and of the urgency and necessity of a large increase in our ex­ bonds deposited, instead of 90 per cent., as at present. penditures in certain directions, I am of the opinion that appropriations for the 3. That the semi-annual tax on circulating notes of one-half or 1 per cent. be erection or public buildings and all kindred e..:pen~itures should be kept at the repealed, or at least reduced to the amount necessary to pay the expenses of minimum until the effect of other probable legislatiOn can be accurately meas­ en-forcing the restrictions and provisions of the national-banking laws, namely, ured. the expenses of the office of the Comptroller of the Currency, the cost ~f. issue The erection of a. public building is lar~ely a matter of local interest and con­ and redemption of notes, and the expenses of the Government superVlBJOn of venience while expenditures for enlarged relief and reco~nition to the soldiers the banking business. and sailo~s of the war for the preservation of the Union, for necessary colst de­ 4. That tlte present laws as to Government supervision of national banks be fenses Rnd for the extension of our commerce with other American States are strengthened by providing for the payment of a fixed salary to ~xaminers ap· of uni'versal interest, and involve considerations, not of convenience, but of pointed by the Comptroller, tbe amount necessary to be appropnated from the justice, honor, safety, and general prosperity. BENJ. HARRISON. proceeds of the tax on circulation. 5 '.rhat the limit on loans imposed in !lection 5200, United States Revised Stat­ EXECUTIVE MANSION, Ap1-a 29, 1890. ute's be extended to one-tenth of capital and surplus, instead of one-tenth of On motion of Mr. ABBOTT, the message of the President, with the capital. 6. That you will secure the passage of all hills calculated to strengthen and accompanying bill, was referred to the Committee on Public Build­ encourage the extension of the national-banking system. ingg and Grounds. FLOODS IN THE JHISSISSIPPI. ARREARA.GES OF TAXES, DISTRICT OF COLIDIBIA. By unanimous consent, leave was granted to Mr. BLANCHARD to print The SPEAKER laid before the House a message from the President in the RECORD a letter from a member of the Mississippi River Com· of the United States; which was read as follows: mission and one from the State engineer of Louisiana relative to the To the House of Representatives: . floods in the Mississippi River. In compliance with the resolution of the House of Representatives {the Sen­ The letters are as follows: ate concurring), I return herewith House bill No. 5179, entitled "An a~t fixing the rate of intRrest to be charged on arrearages of general and speCial taxes NEW ORLEANS, April18, 1890. now due the District of Columbia, if paid within a. specifi~iJ-f'~~RRISON. 1\.[y DEAR Sm: Every high water raises such anew crop of stupid outlet here­ sies that it may be convenient at this time to have at hand some memoranda. EXECUTIVE 1\IANSION, April 18, 1890. concerning the history and physics of this persistent error. About the earliest scientific work done on the Mississippi River was by Ellet, :Mr. ATKINSON, of Pennsylvania, submitted the following resolu­ who reported, in 1851, ~u the Oh~o and 1\Iis~issippi. Hi~ o.bservationswere crude and superficial, and his conclusiOns con!amed a predtctwn that levees nt l~ast tion; which was read, considered, and adopted: six feet higher were needed from Red Rrver down, and also recommendatiOns Resolved by the House of Representatives (the Senate concu!Ting), That the en­ that for the abatement of floods. in addition to such levees, existing outlets rolled bill of the House (H. R. 5179) fixing the rate of interest to be charged on be e~larged new ones opened, and reservoirs built at the headwaters. Soon arrearages of general and special taxes now due the District of Co!umbia, if paid after Ell!'t's'report., Humphreys and Abbot undertook their exhaustive work. within a time specified, recalled from the President by resolution of the 18th They discredited the .scientific value ofEllet's methods in the following terms: instant, be returned to the President. "The task of criticism is always ungrateful, and if this formula. had been pre· pared by an obscure writer it would have remained unnoticed. Coming, how­ ANNOUNCEMENT OF CONFERENCE COMMITTEES. ever from an engineer so well known as 1\Ir. Ellet, and furnishing, a.s it does, The SPEAKER announced the appointment of Mr. BAKER, Mr. the basis upon which rest practical conclusions, believed to be most erroneous and most mischievous, it can not be passed by in silence. • • • No further DORSEY and Mr. SPRINGER as conferees on the bill (H. R. 3365) ap­ comments are needed to prepare one to learn that the practical conclusions of proving 'with amendment the funding act of Arizona. Also, the ap· 1\Ir. Ellet in reference to protection against the inundations of the Mississippi

. ' . '' .... .- 'I" 1890. CONGRESSIONAL RECORD-HOUSE. 4025 have been proved to be erroneous by the measurements of thissurvey."-Hum­ t~e river wou!d surely, in very few years, re-establish the adjustment between phreys and .Abbot, edition 1876, pages m, 228. d1sc~nrge, resistance, and slope which I have described. For no greater uni­ The same authors, while acknowledging that, theoretically, outlets of a cer­ for~t~ an.d c!"rtainty h~ ~arked th.e results of any of the observations of the tain kind might do a certain o.mount of good, declare absolutely against the 1\Iississippi River Comm.Isston than m the decrease of river sections below an vracticability of outlets on the 1\lis.sissippi below Cairo in the following terms outlet, and, vice versa, its enlargement when the outlet is closed. {see next pages, 4, 5, and 6): . I hope you will pardon me for this lonir discussion; but it is timely and I hope Important. ' "AN ORGA..'fiZED LEVEE SYSTEM MUST BE DEPENDED UPON FOR PROTECTION I remain, very truly, AGAO.'ST FLOODS IN THE MISSISSIPPI VALLEY. B. M. HARROD. ''Recommendations. Ron. N. 0. BLANCHARD. "The preceding discussion of the different plans of protection has been so elaborate and the conclusions adopted have been so well established, that little NEW ORLEANS, ..4.pril16, 1890. remains to be said under the head of recommendations. "It has been demonst-rated that no advantuge can be derived either from di­ ~EAR SIR : In reply to your letter of the 11th to Governor Nicholls, referred to verting tributaries or constructing reservoirs, a:1d that the plans of cut-offs and tb1s. office for answer, I have the honor to report as follows: of new or enlarged outlets to the Gulf are too costly and too dangerous to be .First. The ~onnet Carre creva~e, 28 miles above the city of New Orleans, attempted. The plan of levees, on the contrary, which has always recommended occurred Apr1l 11, 1874, and remamed open to all floods until the winter of itself by its simplicity and its direct repayment of investments, mav be relied 1882-'83, when a levee was completed which held back the flood of 1883 and all upon for protecting all theanu,;al bottom lands liable to inundation below Cape others since that time. The discharge through the crevasse, so far as I am Girardeau. 'rhe works, it is true, will be extensh·e and costly and will exact aware, was never measured; but I am of the opinion that its maximum must much more unity of action than has thus far been attained. The recent legisla­ have been as much as 150,000 and pi"Obably as much as 200 000 cubic feet per tion of Mississippi in organizing a judicious State system of operations, how­ second .. 4-t the ,:J-ate of the crevasse (Avrilll, 1874) the Carroliton gauge, a.t the ever, shows that the necE-ssity of m01·e concert is beginning to be understood. upper lu.mt of New 9~leans, read 15.55 feet, the river rising about 0.05 foot per When ea~h of the other States adopts a similar plan and all unite in a general day. It contmued rismg for four days, when, on the 15th it attained its maxi· system so far as may be requisite for the perfection of each part, the alluvial mum, 15.95 feet, or 0.4 foot higher than on the 11th. ' valley of the 1\Iissis!:lippi may be protectedaga.instinundation."-Humphreys and _At Baton .Roug~ •.95 miles above the crevasse, the gauge on Aprilll, 1874, read .Abbot, edition 1876, page 445. 35.50 feet, r~ver nsmg about 0.3 foot per day, and continuing to rise until the . . "Great practical ~,rood , bowev;.er, bas resulted even from the imperfect applica­ 16th, when 1t rea~hed 36.15 feet, or 0.65 foot higher than on the lith tiOn of the system Llevees]; for without it the greater part of the alluvial re­ That is, at these points no immediate effect was observed from the Bonnet gion below the mouth of the Ohio would be an uninhabitable swamp in the Carre crevasse. high-water months of the year. There is no doubt that the plan will continue But, between the evening of the 15th and the evening of the 16th four other to be universally practiced throughout the valley to the almost entire exclusion creva~ses had occurred-Lak~side, Morganza, Morrison's, and Hick~y-and the of all others, and it is, therefore, entitled to a most careful and thorough an­ com bmed effect of all was evtdenced by a decline in the river at Baton Rouge alr.sis." of 2 fed wit!?-in the next !hree days-that is, by the 19th-and at Carrollton of 'Enough has been said to demonstrate with all the certainty of which the sub­ 0. 7 of a foot m the same time. ject is capable the disastrous consequences t-hat must follow the resort to this I a!D not aware. that any appreciable effect in lowering the flood surface of means of pt·otection" [outlets].-Humphreys and .Abbot, edition 1876, page 428. t!"te r1.vercan. be dtrectly traced to the Bonnet Carre crevasse alone. During the About this time, 18.'50 and later, most excellent work was done on the study time 1t remamed open the most extensive and destructive overflow ever known of the river by General Barnard, Bayley, Forster, Albert Stein, and o~hel"8. in this Stat~ occurred in 1882, both below and above the mouth of Red River These were all accomplished engineers, with large opportunities of observation. Second. The disc~ar.ge.pe~ se<;ond of the river ~rough the several pas.ses"at \Vithout exception they declared most emphatically against outlets both theo­ the mouth of the Misstssippi prior to the constructiOn of the jetties was about retically and practically. I would refer you particularly to papers by General 1,100,000 cubic feet a.t flood stages. During the present flood I believe the dis­ J. G. Barnard, one of the most distingulshed engineers of the United States ~har~e has been as gre~t as 1,300,000 cabic feet per second. No reason is known Corps, in De Bow's Review for August, 1850, and October, 1859. Subsequently m thts ?ffice_for supposmg that ther~ has been any "choking up" of the mouth 1\Ir. Eads added the results of his labors and great ability to the same side of of the nver m consequence of the Government work there. the question. Finally, the Mississippi River Commission, after most careful . Third. The opinion of th,~ State engineers regarding the scheme for prevent­ experiments and large experience, find themselves unanimously opposed to Ing. floods k~o'Yn ~ the Lake Borgne outlet plan" is not favorable to the outlets, and in favor of controlling the flood discharge to the main river. pr?JeCt·. Whlle It might be found that the sudden opening during extreme flood So I think it is safe to say that all theory, examinations, experience and all height of a large outle~ through a pr~viouslr prepared channel into Lake Borgne educative and professional opinion are uniformly and unalterably on th'e side of woul.d produce a considerable and Immediate, but local, decline in the stage of levees as the only pmcticable protection against inundation from the Missis­ the r1 ver, and t.h~s see ?I to prove the beneficial results claimed by the promoters sippi below Cairo. of the scheme, 1t IS plrun that any such effect would not continue for many vears I will add n few words concerning the physical aspects of the question. It and that as long as it did continue those who experienced its effects might froni is, of course, acknowledged that the first effect of the witltdrawal fwm the a false sens~ of secur.ity, remit their efforts to protect ~hemselves by keeping up river, with a fall into an open basin, of a considerable part of its volume will levees. It ts also evtdent from the observed results mother instances that an be to produce a lowering of its surface in the vicinity of the outlet. But the outlet into Lake Borgne would at once begin to silt up that lake wherever its systematic improvement of the river must be conducted with an intelligent current could spread out and become "slack," and that the capacity of the out­ knowledge of and reference to ultimate results. It seems to me that a clear let would be continually diminished from this cause, or if not that the main object lesson of what these will be is given by this river itself. as we all know channel of the river below woul?- suffer a similar deterior~tion, ;,r, more proba­ it, in its ponformity to the law of rivers flowing in alluvial beds. Beginning at bly, both would happen. But, many case, the divisiou of the river into two its upper end with little volume and much slope, we observ-e that as each trihu­ branches m?St, from the well know_11 la..w of alluvial streams, that a smaller tnry adds to the volume the slope is reduced until it reaches the Head of the stream reqmres a steeper slope for 1ts discharge, finally result in an elevation Passes, with its aggregate discharge and a slope but little exceeding an inch per of their beds, and consequently in a. neutralization if not a reversion of any mile. At this point its volume is divided. and it becomes necessary for the effects at first obtained upon the level of the floods. ' ' discharge of the divided volume that eacli of the passes should have an in­ During the existence of the Bonnet Carre crevasse, there was a.n enormous de­ crea<>ed slope proportioned to the share it discharges. posit of silt thrown down from the escaping waters; but as it" was largely in­ • I ' . But n or 60 miles, thus raising the water rent, bearmg Its full load of stlt, would be carr1ed mto the wide shallow lake surface at the new Head of the Pas.ses t-o an extent measured by the difference which would thus become a settling basin for it, while in the oiher there w~ bet\veen the slope per mile in a pas3 and that in the main river multiplied by no channel to the lake, and the path of the current was obstruct-ed by the most the iucreased distance in miles fi"Om the sea? For it must be remembered that effectual means conceivabl~ for straining the silt-bearing water, and leaving it while se~ level now ~pproacl~es, in I:~~;ke B?rgne and Barataria Bay, to within n~a_rly free from heavy sedimentary matter when it reached the lake. a few mt!es of the nver, th1s condttton will exist no longer when immense Tne facts th~t tend to prove the value and practicability of a system of levees volumes are discharged thi·ough their shallow expanses and tort-uous connect­ for the protection of the alluvial valley of the Missis.sippi from overflow as well ing bay?us an~ over the int-ervening n;tn~shes. As much slope will be gener­ as for the improvement of its navigable channel, and the fallacy of the uswU ated as Ls reqmr"'d to overcome the friction of these obstructions and it will a~guments adduced in favor. of what is ~nown as the" outlet system," nre le· extend from ti.Je deep water of theGulfitself up to the outlet at the river. As Bar­ g10n; and I regret that the time at my disposal only permits me to briefly an­ nard says: "To take watet·s from. the river channel and throw them into the swer the questions you have asked. la teral basins, lakes, and bayous, is to take them from the channel in which The right and duty of the General Government to protect her citizens in any they can, wiU1 most ease and safety, be carried to the sea, to put them into State from the invasion of the flood-waters that come to them ft·om other States basins unsuited by their slope to carry off the floods thrown upon them." as much as to protect them from invasion by living enemies I hope may b~ Fortunately the rnostdi.sn.strous flood on record, thatofl882 was also the most generally recognized and acted upon before many more yPars have passed. thoroughly studied, and its lessons are therefore most rell~ble and valuable Meanwhile the best citizens of this valley are fightin.,. the unequal battle for In that year the discharge at Red River Landing reached on l\Iarch 31 1 595: self-preservation with a spirit and determination that should appeal with strik­ 000 cubic feet per second. By this time both sides from Re'd River dow~ ~er~ ing force to the sens': of justice in every thinking mind throughout the Union, thoroughly submerged by Morganza, Bonnet Carre, and a host of minor cre­ One dollar honestly mvested by the Federal Government in this work of im· '·as<>es. So great was the escape of water from the main river that only about provement ~h_ould be worth thousands doled out in tents, rations, and senti­ 000,000 cubic feet per second passed New Orleans, yet the New Orleans (Carroll­ mental chanties to a class of people who need most of all to be encourao-ed in ton) gau~e was reading 14..6,or within 1.35 of the highest mark before that date whatever will give them self-reliance and independence. " This year, with the gaug-e at 15.9, or 1.3 above 1882, the river dischal'2"ed at Very respectfully, your obedient servant. New Orleans 1,313,000 cubic feet per second. " HENRY B. RICHARDSON, Now, the pr.1ctical problem for the outlet people is how to dispose of this Chief State Engineer. 413,000 cu t>ic feet of water per second, the surplus of discharge pas~ New Orleans Hon. N. C. BLANCHARD, l\1. C., in 1890 over 1882, in ns cheap and safe and satisfactory manner as by raising the Washington, D. C. le\·ees 1.3 feet, or the excess of gauge reading iu the year of greater discharge 'I'o let it out of the river is easy enough, but to conduct it under control and i~ PETITION OF CIGAR MANUFACTURERS AND 1\UKERS. Rnch manner that it will maintn.in a channel, without destruction to vast agri­ ~'NEILL, Pen':ls1lvan~. Speake~, cultural values, water-courses and lakes now navigable, and, most important . 1tfr. of Mr. finding it physically of all, without destroying access to the Mississippi River from the sea. These t~posstble to get the_petttwn which I now hold m my hand in tbepeti­ difficulties have discouraged every intelligent and honest man who bas taken twn-box, I ask unammous consent that the heading of it ·be inserted the pains to iHvestigate them. in the RECORD and that thP. petition be appropriately referred. I will These difficulties are well described in detail by Humphreys and Abbot from page4W and onwards. You will1·endily realize it by conceiving that it will re­ state that this embodies the signatures of over 200 cigar-manufacturers quire the construction, maintenance, and control oftwochannels eachaslargeas and 2, 500 cigar-makers in reference to certain provisions of the tariff Red Rivet· in flood, without injury to the populated and valuabl~conntry which on their product. lhev would traverse. But the relief that this would give would be only local and temporary; loca1, as certainly not. exceeding anywhere 2 or 3 feet and as Mr. HATCH. We could not hear what the request of the ~entle­ not extending above Red River; and temporary, since the inexorable' lfl.ws of man was. I reserve the right to object until I know what the request is. ,.. . . : 4026 CONGRESSIONAL RECORD-HOUSE. APRIL 30,

Mr. McMILLIN. Will the gentleman state again his .request? It Quinn, Springer, Tucker, Wickham, Richardson, Stahlnecker, Tn.rner, Ga. Wike. was impossible to hear it. Rife, Stewart,Ga. Turner,N.Y. Wiley, Mr. O'NEILL, of Pennsylvania. This is a. petition of ci.gar-m:mu­ Robertson, Stewart, Tex. Turpin, Wilkinson, Rockwell, St-ockd&le, Van Scha.ick, Willcox, faeturers and cigar-makers. Rogers, Stone, Ky. Venable, Williams,lll. Mr. McMILLIN. Is it in faV"or or against the increase of the taxon Rowland, Stone,l\Io. 'Vaddill, Wilson, Mo. cigars. Rusk. Struble, Walk:er,l\Io. Wilson, Wash. ·. Mr. O'NEILL, of Pennsylvania. They want some modification of Sayers, Stump, Washington, Wilson, W.Va. Seney, Sweney, Watson, Wright, the law. Shively, Tarsn!J7• Wheeler, Ala. Yoder. Mr. McMILLIN. Let us have the heading read. Skinne::z. Thompson, Wheeler, Mich. The SPEAKER. The gentleman from Tennessee objects. Smith, .lll. Tillman, Whiting, Mr. .McMILLIN. No; I do not object to its insertion in the REo­ Spinola, Townsend. Pa. Whittho.rne, ORD, bnt think the gentleman should state what it contains. The following pairs were announced until further notice: The SPEAKER. The gentleman has stated what it contains. ~1r. THO~AS M. BROWNE with Mr. JASON B. "BROWN. Mr. O'NEILL, of Pennsylvania.. It is a petition from the cigar Mr. LACEY with Mr. WILSON, of Itfissouri. manufacturers and makers, who desire some modification of the pro­ Mr. HALL with Mr. SKINNER. posed changes in the tariff upon cigars. Not being able to get it in Mr. GROUT with Mr. HEARD. the petition-box, I ask to have it printed. Ur. TOWNSEND, of Pennsylvania, with Mr. BUNN. Mr. McMILLIN. I do not object, on the statement of the gentle­ Mr. CLARK, of Wisconsin, with Mr. CATCHINGS. man as to the contents. I only wanted to know what it was. Mr. THOMPSON with Mr. OATES. Mr. SPINOLA. I object temporarily until the ~ntleman can an­ Mr. DORSEY with Mr. BANKHEAD. swer a question. Mr. GIFFORD with M.r. WHITTHORNE. Mr. CANNON. Objection being made, then I ask for the regular Mr. FThTLEY with Mr. CANDLER, of Georgia. order. Mr. BLISS with Mr. STONE, of :ft.:lissouri. CLASSIFI-cATION OF WORSTED CLOTHS. Mr. BERGEN with Mr. BRECKINRIDGE1 of Arkansas. Mr. KNAPP with Mr. ,McCARTHY. The SPEAKER. The question is on the passage of the bill (H. R. Mr. WADDILL with Mr. O'FERRA.LL. 9548) providing for the classification of worsted cloths as woolens, on Mr. WHEELER, of Michigan, with Mr. PHELAN. which the yeas and nays were ordered and no quorum voted. The Mr. CooPER, of Ohio, with Mr. MArsH. Clerk will call the roll. Mr. SWENEY with Mr. MANSUR. The question was taken; and there were-yeas 138, nay 0, not vot­ :Mr. McCoR~IICK with Mr. KERR, of Pennsylvania. ing 189, as follows: Virginia. YEAS-138. Mr. BoWDEN with Mr. LEsTER, of Mr. DE HA.VEN with Mr. HERBERT. Adams, Cutcheon, Lansing, Reyburn, Allen, Mich. Darlington, Laws, Rowell, It!r. CANDLER, of Massachusetta, with Mr. McMILLIN. Anderson, Kans. DeLano, Lehlbach, Ru...qgell, l\1r. WRIGHT with Mr. ROWLAND. .Andrew, Dingley, Lind, Sanford, Mr. MOFFITT with ltlr. LAWLER. Arnold, Dolliver, Lodge, Sawyer, Atk:inson,J>a.. Dunnell, Mason, Scranton, The following were announced as paired for the day: Atkinson, W.Va. Evans, McAdoo, Scull, Mr. STRUBLE with M.r. WILKINSON. Baker, Ewart, McComas, Sherman, Mr. WILSON, of Washington, with Mr. STUMP. Bartine, Farquhar, :McCord, Simonds, Bayne, Flick, McKinley, Smith, ,V, Va. Mr. DALZELL with Mr. O'NEALL, of Indiana. :Beol...-wi th,, Flood, Miles, Smyser, Mr. MUDD with Mr. RUSK. ' Belden, Flower, Moore, N.lL Snider, Mr. RocKWELL with 1\fr. ELLIOTT. Belknap, Frank, Morey, Spooner, I Bliss, Funston, Morrill, Bt~phenson, Mr. BRECKINRIDGE, of Kentucky. ask unanimous consent t-o Boothman, Gear, Morrow, Stewart, Yt. dispense with the reading of the names. Boutelle, Ge.st, Morse, Stivers, Mr. KERR, of Iowa. I object. Brewer, Greenho.lge, 1\Iutchler, Stockbridge, Brosius, G-rosvenor, Niedringhaus, Taylor, E. B. The Clerk recapitulated the names of those voting. Browne,Va.. Hansbrough, Note, Taylor, m. The SPEAKER. The Clerk will announce the names of members Buchanan, N.J. Harmer, O'Donnell, Taylor, .J.D. present and not voting. · Burrows, Haugen, O'Neil, Mass. Taylor, Tenn. Burton, Henderson, IlL O'Neill, Pa.. Thomas, The Clerk read as follows: Butterworth, Henderson, Iowa OsboTDe, Townsend, Colo. ALLEN of 1\Iississippi, ANDERSON of Mississippi, BANKHEAD, BAll.WIG, BIGGS, Caldwell, Hermann~ Owen, Ind. Tracey, BJ;.~C~D, BLOUNT, BBECK.INRIDGE of Kentucky, BROOKSHIRE, BUCHANAN of Cannon~ Hill Payne, Turner, Kans. V trgt ma, BULLOCK, BYNUM, CA.JIIPBELL, CAltUTH, CATCHINGS, CHIPMAN. OLARXE Carlisle, Hitt, Peters, Vandever, of Alabama, CLUNIE, COBll, COTHRAliT, GRAIN, CRISP, CULBERSON of Texas, CUM· Oal'ter, Hopkins, Pickler, 'Vade, 1\UNGS, DAVIDSON, DOCKERY, DUNPHY, EDMUNDS, FITCH, FITHI.A.N, FORNEY, Fow­ Oheadle, l;louk, Post, Walker, Mass. LER,GElsSEliTHAINER,GoOD~IGHT,HATCH, HAYES,HAYNES,HEARD,Hllu.n>BILL, Clancy, Kelley, Pugsley, Wallace, Mass. HENDERSON of North Carolinu., HOLMAN, HOOKER, KILGoRE, LAh"JIAlll, LEE, LES­ Cogswell. Kennedy, Quackenbush, Wallace,N. Y. TER of Georgia, MARTIN of Indiana, MARTIN of Texas, 1\ICCLELLA N• MCCREARY, Comstock, Kerr, Iowa Raines. Williams, Ohio MoM!LLIN, McRAE, MoNTGOMERY,l\IOORE of Texas, NoRTON, O'NEIL of Massa­ Conger, Ketcham, Ra.ndall, Wilson, K.y. chusetts, OUTHWAITE, OWENS of Ohio, PERKINS, PIERCE, PRICE, RICHARDSON Connell, Kinsey, Bay, Ya-rdley. RoGERS,SAYERS,Sx:n

. ofthe pul:>lic money, or public property, or impose taxes or charges But what I was about to say when interrupted by the gentleman upon the people; and there are good reasons for this. The purpose of from Georgia was that after having made this attempt to suspend all the rnle'is to afford ample opportunity for discussion and amendment. the rules of the House, which we had been told would facilitate the We are acting now under a code of rules framed at the beginnipg of transaction of business if adopted, and after that attempt had failed, this Congress for the express purpose of facilitating the transaction of after it was found that it was impossible to pass this bill by a two­ business in the House and in Committee of the Whole House on the thirds vote and with only forty minutes' debate and no opportunity state of the Union, where a quorum now consists of only one hundred whatever for amendment, it is now proposed to do the next worst thing members. Notwithstanding this, the Committee on Rules has repeat­ that can be done [laughter and applause on the Democratic side]; that edly reported resolutions of this character, :ftid the House bas repeat­ is, to take the bill out of the Committee of the Whole on the state of edly adopted them, taking away from the Committee of the Whole the Union and consider it in the House, where the previous question House on the state of the Union the right to consider important bills can be applied to every amendment, provided any gentleman can get that properly belong there, and forcing \Totes upon them in the House, the floor to offer one [laughter], and to take the final vote upon it at ... upon some occasions, after only an hour or an hour and a half or two 4 o'clock this afternqon. Now, I ask gentlemen on the other side of hours' debate. It is now after 1 o'clock, and when this resolution can the House, inasmuch as there is no necessity for this summary and be adopted, perhaps H will be half past 1, and yet it is proposed in this harsh proceeding, what is the reason for it? Is it because gentlemen resolution that these bills, one of which, according to the estimate fear discussion? I imagine not, for if these are meritorious bil.la the made by the committee itself, will appropriate annually about $40,- more they are discussed the more plainly their merits will appear. 000,000, and the other, according to the estimate made in the Senate, Is it because gentlemen fear amendments, to be offered npon one side will appropriate thirty-six or seven millions of dollars shall be taken out of the Honse or upon the other, to comply more fully with what are of the Committee of the Whole, to be considered in the House and understood to be the demands of the soldiers and sailors of the conntrv? voted upon after a discussion of only about two hours and a half or, at I imagine this is the real cause. [Laughter and applause on the Dem­ most, three hours. ocratic side.] And, while I shall not vote for either of these bills, I I submit, Mr. Speaker, that this is not fair to the members of the can not see any substantial reason wby they should not be considered House, many of whom feel a great interest in this subject; nor is it fair in the ordinary way, and why gentlemen who entertain different views to the tax-payers of the country, who have to bear the burden imposed upon this question from those entertained b.Y the Committee on Inva,lid npon them by the passage of these bills. [Applause on the Democratic Pensions, or the majority of that ~mmittee, should not have an op­ side.] portunity to submit their propositions to the House or to the Commit­ These estimates, a'i I have said, are for $40,000,000 in one case and tee of the Whole House on the state of Union. With the exception of about $36,000,000 or $37,000,000 in another, but the experience of the the general appropriation bills for the support of the Government, country, through all the years during which these pensions have been scarcely any important measure taking money out of the public Treas­ granted, shows that the estimates always fall far below the actual ex­ ury has passed this House, notwithstanding the new rules, in a regular penditure made necessary by the passage of such laws. I think it would way and under the rules. [Applause on the Democratic side.] The not be at all extravagant to say that the bill proposed by the committee, bill to organize the Territory ofOklahomawas snat-chedawayfrom the which under this resolution can be offered as a substitute to the Senate Committee of the Whole Honse on the '3tate of the Union while it was bill, will, with the amendments which will doubtless be made to it, under consideration and taken into the Honse, with the previous ques­ amount to over $50,000,000 annually; and the bill of the Senate un­ tion upon it, when only a few sections out of the forty-eight had been doubtedly will amount to $40,000,000 or $45,000,000 annually. considered. · There need be no great haste in the passage of this bill. There is a Mr. HOLMAN. Only seven. majority in favor, undoubtedly, of the passage of some bill increasing 1\lr. CARLISLE. Yes; when seven sections out of forty-eight had the pensions granted to the soldiers and sailors of the late war, and been considered. A great bill to reorganize the whole judicial system there is no good reason whatever, in my judgment, why they should of the country, except the Supreme Court, and affecting even the juris­ not be considered under the rules of the House in Committee of the diction of that tribunal, was taken up under an order like this, dis­ Whole, where gentlemen will have full opportunity to propose such cussed for about an hour, or perhaps an hour and a half, and passed. amendments as they think ought to be adopted, and indulge in such If this is not a confession that the code of rules adopted at this session discussion as may be neces'{ary to explain in full the provisions of these has failed to facilitate business, I do not understand its meaning. [Ap­ bills themselves and all the amendments that may be offered to them. plause on the Democratic side.] Heretofore, in all preceding Con­ Mr. CRISP. May I ask my friend from Kentucky a question there? gresses, these grec'lt measures imposing taxes and appropriating money :Mr. CARLISLE. Certainly. have been sent to and considered in the Committee of the Whole on the Mr. CRISP. Under the rules of this House can not such bills be state of the Union, where they properly belong, yet those Congresses called up for consideration at any time? . transacted substantially all the important business committed to them. 1\Ir. CARLISLE. I think not. Under the rule3 of the House the But now, with a code of role3 especially designed to prevent obstruc­ Committee on Invalid Pensions has the right to report general pension tion and delay, we find the House under the necessity almost daily, : bills at any time for consideration, and if it had asked for immediate certainly weekly, of adopting these harsh and summary resolutions, consideration when the report was made it could have gone into Com­ depriving members of the rights which belong to them as the Repre­ mittee of the Whole House on the state of the Union to consider the sentatives of the people, and forcing important measures through with­ bill; but, having reported the bill and allowed it to go on the Calendar, out the consideration which they deserve. Mr. Speaker, from this time it takes ita place there and must remain there until reached in another on, unless there shall be a peculiarly exceptional case, I shall protest way; but there is no difficulty about reaching it. Under the rules of the against such action and insist upon the rights of Representatives on the House, after sixty minutes have been devoted to the consideration of floor, on both sides of the House, to have those opportunities for dis­ bills called up by committees, it is in order every day for any member cussion and amendment which every just code of rules must secure for of the Committee on Invalid Pensions, by direction or the committee, them. to move that the House resolve itself into Committee of the Whole to 1\Ir. HE~ DERSON, of Iowa. Will the gentleman allow a question? consider this bill; and there is, in my judgment, no reason why that Mr. CARLISLE. Certainly. has not been done heretofore; But instead of pursuing that course gen­ Mr. HENDERSO~. of Iowa. The gentleman has intimated, indeed tlemen who compose that committee have attempted heretofore to force said, that he supposed the reason we reported this rule was because we this bill throu~h the House under a suspension of the rules, with only feared the introduction of amendments with regard to pensions that are forty minutes for debate and no opportunity whatever for amendment. desired by the soldiers of the country. Did I understand him cor­ [Applause.] rectly? 1\Ir. CRISP. Will my friend allow me to ask him another question? ·Mr. CARLISLE. I said amendments which gentleme~ supposed I w.mt to ask the gentleman from Kentucky if under the new Rule the soldiers of the country desired. [Laughter.] XI report~ from the Committee on Invalid Pensions reporting general Mr. HENDERSON, ofiowa. Does the gentleman wish to be under­ appropriation bills do not stand exactly on the same footing as relates stood as saying that the majority on his side are ready to support the. to bills reported and the right to call them up by the Committee on measures desired by the soldiers of this country? Appropriations? Mr. CARLISLE. I have not said so, Mr. Speaker, and I am not au­ Mr. CARLISLE. They do not, for this reason, :M:r. Speaker. The thorized to make any statement upon that subject; but in my judg­ Committee on Invalid Pensions, under the fifty-first clause of Rule ment there is not a majority on this side of the House willing to do XI, has the right to report at any time for

, I . :' •, 4028 CONGRESSIONAL RECORD-HOUSE. . APRIL 30, ' even now the applause that greets the gentleman's statement comes them every moment of that time, except what the gentleman from Ken­

from those who have opposed and antagonized pension legislation. tucky and myself are consuming now. So I say1 Mr. Speaker, we are [Applause on the Republican side.] giving them all the time they believed necessary and all the time the Mr. CARLISLE. I do not understand the gentleman's question. Democratic minority members of the committee have ever demanded [Laughter.] from the Committee on Invalid Pensions. Mr. HENDERSON, of Iowa. What is that? But the gentleman from Kentucky says, "Why not consider this in Mr. CARLISLE. I understood that the gentleman was asking me the Committee of the Whole? Why not give more time for the con­ a question. sideration of this subjec~" Why, sir, the best reason in the world Mr. HENDERSON, of Iowa. I did ask the gentleman a question, is that every man on this :floor has made np .his mind as to the extent and I thank him now for his frankness in saying that he and his side of to which he will go in pension legislation. There can be no contro­ the House are not ready to give the soldiers what they desire. versy-about that. The gentleman from Kentucky has already con­ Mr. CARLISLE. The gentleman asked me if a majority upon this fessed that his mind is made up, and be declares that he will not vote side were willing to give the soldiers what they wanted, and my re­ for either of the bills that are contemplated in this resolution. Now, .. sponse was that I was not authorized to speak upon that subject; but Mr. Speaker, what we want is to do the public business of the country. that in my opinion there was not a majority on this side of the House Talk about "considerin~." When yon were in control of this House willing to give what the gentlemen on the other side of the House bad you ''considered,'' and did nothing. We ''consider,'' and we do some­ always told us when we were in power the soldiers desired; and I said thing. [Applause on the Republican side.) What we want and what further that I thought there were a great many gentlemen on this side the country wants is results, not speeches. [Renewed applause.] And of the House who were willing now: when the other side had the ma­ I remind the gentlemen on the other side of this Chamber that scarcely jority here, to go with the gentleman and give the soldiers even more a single general pension bill was ever passed by the Congress of the than gentlemen on the other side were themselves willing to give them. United S ; ~tes under the ordinary rules of the House of Representa­ .[Laughter.) tives, the.e measures having, as a general rule, passed under a sus.Pen­ Mr. HENDERSON,ofiowa. Yon are very liberal when you are out of sion of the rules; and gentlemen on the other side know it. LAp­ power. We had to protect the soldiers in spite of you when you were plause on the Republican side.) in power and we intend to take care of them now. Now, Mr. Speaker, I demand the previous question upon the reso­ Mr. CARLISLE. And the gentlemen on the othet side were very lution. extravagant when they were out of power and are very parsimonious The previous question was ordered. now that they are in power. [Laughter.) The SPEAKER. The question is upon the adoption of this resolu­ 1\fr. HENDERSON, of Iowa. No provision for the soldiers passed tion. this House when you were in power without our votes, and none would ~Ir. MILLS. Let us have the yeas and nays on that. have passed if it had been left to the majority on that side of the Honse. The SPEAKER proceeded to count those members rising to sustain 1\Ir. CARLISLE. I do not remember what the votes were-- the call for the yeas and nays. Mr. HENDERSON, of Iowa. Well, I do. Mr. McKINLEY. This roll-call will deprive the Honse of just so Mr. CARLISLE. But I know what these pending measures are, and much time that ought to be given to the consideration of this bill. I know they do not begin to come up to the standard demanded by the The SPEAKER. Nine gentlemen rising-not a sufficient number. gentlemen on the other side when they were in the minority in the Mr. TUHNER, of Georgia. I did not understand the Chair to ask House. [Applause on the Democratic side.) • gentlemen who favored the call for the yeas and nays to rise. Now, Mr. Speaker, I have said all I desire to say on this subject. Mr. CARLISLE. I will say to the gentleman from Georgia [Mr. Mr. HOOKER. Before the gentleman takes his seat, I wish to put TuRNER] that some gentlemen on this side who desire to participate to him a question with reference to the power of the Committee on in the debate prefer not to consume time by calling the yeas and nays. Rules to present this resolution. It will be observed that the reso­ The yeas and nays were not ordered. lution declares upon its face that a certain bill which is pending in The resolution was adopted. the Honse may be offered a'! an amendment. Now, the question to Mr. MORRILL obtained the :floor. which I desire to call the attention of the gE}ntleman fi•om Kentucky Ur. SPRINGER. I rise to a question of order. How much time is this: What power is there in the Committee on Rules to limit the will be allowed on each side for debate on this question? number of amendments to be offered or the manner in which a meas­ The SPEAKER. A.t 4 o'clock the previous question will be consid­ ure is to be treated in the Committee of the Whole Honse? Is not a ered as ordered, and debate will be in order until tbe.t time. Committee of the Whole House a committee of even greater power than ·Mr. SPRINGER. I desire to know whether those opposing the bill the Committee on Rules with all its power, and is not the question as will be entitled to control one-half the time. I think we ought to to the time which shall be given to the consideration of a measure and have some understanding on that subject, because the ordinary rule the amendments which shall be offered a question to be left to the would work great inj nstice, allowing practically only two persons to grand Committee of the Whole Honse rather than to any standing com­ speak, one on each side. mittee, whether the Committee on Rules or any other? The SPEAKER. It can only be done by unanimous consent. The Mr. CARLISLE. The Committee on Rules of course has no power matter will proceed, of course, under the rules of the Honse. to decide :finally what shall be done in consideration of any measure; Mr. SPRINGER. But the rules of the Honse allow a gentleman but under the rules that committee has the right to report a resolution getting the :floor ene hour, and another who may be recognized after­ for the consideration of the House proposing to do certain things. If wards another hour. the House agrees to it, then of course that becomes the rule of the The SPEAKER. The Chair would naturally recognize, under the House for the consideration of the particular measure to which the custom of the House, the chairman of the committee, and then some resolution refers. gentleman on the other side representing the committee. Mr. McKINLEY. Mr. Speaker, any one unacquainted with the 1\Ir. SPRINGER. But the gentlemen on the other side represent­ proceedings of former Congresses would s· ~ ppose from the statement of ing the commi~tee are with one exception, I believe, in favor of the the gentleman from Kentucky that this was a new and extraordinary bill. Other gentlemen opposing the bill on this side ought to be rec­ proceeding in the House of Representatives. Why, Mr. Speaker, it ognized, it would seem; and while there are other gentlemen whoop­ is not only justified by the rules under which we are acting to-day, pose the bill in its present shape who will vote for it on its passage, '· but over and over again in the Congresses over which the distinguished yet I think some one ought to be permitted to control the time on this gentleman himself presided, the Committee on Rriles brought in spe­ side who is opposed to it altogether. cial orders fixing a time and limit for the consideration of public ques­ The SPEAKER. The Chair will inform himself during the progress tions. So that for what we have done here to-day there can be found of the debate as to the position of members upon the bill, and will recog­ ample precedents in the action of a Democratic House of Representa­ nize of course those in opposition for a proper proportion of the time. tives. The Clerk will report the title of the Senate bill. More than that, this power on the part of the Committee on Rn1es The Clerk read as follows: is recognized in its fullness in the rules under which we are now oper­ .A bill (S. 389) granting pensions to soldiers and sailors who are incapacitn.ted ating, for by those rules this committee is charged with the duty of for the performance of labor, and providing for pensions to widows, minor reporting npon proposed orders for the conduct of public business. In children, and dependent parents. a word, the Committee on Rules by express provision is givenjurisdic­ Mr. MORRILL. I send to the desk, Mr. Speaker, and offer, as a tion of proposed rules and of the order of the public business in the substitute for the Senate bill the title of which has just been read, the House of Representatives. bill H. R. 8297, and move to strike out all after the enacting clause Mr. Speaker, of what does the gentleman complain? He complains and insert the House bill. that we are not giving the other side all the time they want for the con­ The SPEAKER. The Clerk wiil report the proposed substitute. sideration of this subject. Why, sir, already upon this very bill we The Clerk read as follows: have consumed more than an hour and thirty minutes in general de­ Strike out all after the enacting clause and insert: bate. [Derisive laughter on the Democratic side.) And the Commit­ "That the Se<:retary of the Interior be, and be is hereby, o.uthorized and di­ tee on Invalid Pensions, including Democratic and Republican mem­ rected to place on the pension-roll of the United States the name of any officer or enlisted man of sixty-two years of age or over, or who shall heTeafter reach bers alike, agreed, I am informed, that all the 'time they wanted on .that age, who served ninetv days or more in the .Army, Navy, or Marine Corps this bill was an hour and thirty minutes for each side. Weare giving of the United States during the war of the rebellion, and shall have received an • ... , - -. . 1890. CONGRESSIONAL REOORD-HOUSE. 4029 ·.·l

hon~rable discharge therefrom, ~aid pen~ion to commence fi"?m the_ date of the Iin every way better to spend a hundred millions of dollars a year in ap~hcation therefor and to coutmue durmg the term of the bfe of sa1d officer or pensions than it is in maintaining a Iar2:e standing army. enlisted man, at the rate of $8 a molJth. ' Th b"ll b fi bod" h ~ · · 1 d 1· th -1.-b "SEc. 2. That all persons who served ninety days or more in the military or e 1 now e ore us em 1es t e prmCip e an po ICY USes- - naval service of the United States during the late war of the rebellion, and who lished and endeavors to make them available to the soldiers and sailors have bee~ honorably discharged th_erefr~m·f!-'.ldwho~renow, or may hereafter of the late civil war. The aae limit heretofore recognized for service be, suffermg from mental or physiCal disabtbty equn·a.lent to the grade now . . o . . • established in the Pension Office for the rating of$8 per month, upon due proof pension has been su:ty-two years. ThiS IS accepted and preserved m of the fact, acco.rding to such rules and regulati?ns as. the ~ecretary of the Inte- th.is bill. It is strongly urged, however, that there is no precedent for rio~ may provide, shall be placed upon the ltst of mvah~ pensioners of the granting a service pension so ooon after the close of the war. While Umted States at the rate of $8 per month, and such penswn shall commence . . . • . from the date of the filing of the application in the Pension Office after the pas- It IS true that service pensiOns were not granted to the surVIvors of the sag«; of this ac~ upon proof that the di~bility then existed, and shall con~i~ue Revolutionary war, the war of 1812, and the .Mexican war until a longer dun~g the extsten~e .of the same: Provided\ That those ~ho ~re now r~ivmg time had elapsed yet the fact ·remains that the very principle upon pensiOns under existing laws, or whose claims are pendmg In the Pens10n Of- . . ' . • . • tlce, may, by application to the C~mmissioner of Pen~ions, in Rucb.forl:? as he which a serVIce ~ens;wn at the age of su:ty-two years lS based 18 that at may J?rescri~ and a pprove! shoWJn~ the~selyes entitled thereto, receive the that age the soldier IS presumed to be past the age of labor and unable benefit of this act, and nothmg contamed 10 this R?t sha!l be ~ 0 construed. a~ to lono-er to enaage in the active duties of life and on that account needs prevent any pensioner thereunder from prosecutmg h1s claim and rece1vmg ""· . <> • • his pension under any other general or special act: Prov-ided, howtver, That no and lS entitled to the a1d of the Government that he fought to defend person shall receive more than one pension for the same period. . and maintain. In scores of battles during the late war more men were "SEc.3. That if any office~ or enlisted ma!3 who served ninety days or ~ore m killed and wounded ou each field than during the entire war of the the Army or Navy of the Umted States durmg the late war of the re~lhon . and . • . who was honorably discharged, bas died, or shall hereafter die, leaving a. wirlow Revol u tlon, or the war of 1812, or the Mencan war. It IS doubtless over the age of sixty-two years, such ~idow shall, upon due proof o_f h~r bus- true :1.lso that a service pension would have been granted to the soldiers band's death, be placed upon th~ pensto!l·roll fro~ date of her application, at of the :Mexican war many years before it was had it not been for the the rate of$8 per month, to contmue durmg her Widowhood. . • "SEc. 4. That if any officer or enlisted man who served three months or more Immense debt contracted to carry on the war of the rebelliOn. in the Army or Navy of t~e United States ~uring the late war of t~e rebe!lion, If this theory be accepted as the true basis of a service pension, then and who :was honorably discharged, has died, or sb_all hereafter d_ie, lea~mg a the question of the lengtb of time which has elapsed after the close of widow without other means of support than her da1ly labor, or mmor child•·en . . . . under the age of sixteen years such widow or minor children shall, upon due the war does not matenally enter mlo the consideration of the ques­ proofof h~r husband's death, ~vithou_t proving his death to be the resul~ of _his tion. The limit of military age is forty-five years, and assuming for army servtce, be placed on the pens!On.-roll fro~ the date of th~ apphcatiOn the sake of the argument that this limit was rigidly adhered to and therefor, at the rate of $8 per month durmg her w1dowhood, and m case of the . . death or remarriage of the widow, leaving a. child or chHdren of the soldier or none over that age were allowed to enliSt, then m seventeen years after sailor under _the age of ni.xteen years, ~uch pensio'} sh~ll be paid such child. or the close of the war, or in 1882, it would have been not only proper, ch~ldren ~nttl ~be age of suteen: Pro"'? tded, 'l'hat said widow shall have married but, would have been j nst and rip;ht to pass an ao-e-limit service bill. said soldier prior to the passage of this act. W d 1 ed · · · · · h "" d · f t'- "SEc. 5. That no ageat attorney, or other person enga~ed in preparing, pre- e have now e ay th1s act of JUStice e1g t years, an men 0 ,ue senting, or .Pr~secating pension claims under t~e provisio?s of this act s~all, maximum military age at the close of the war have now attained seventy ?-irectly ~r mdrrectly_, contract for, d_emand. rec~1ve, or retam for such servi~es years. If the Government intends to give them the benefit of a serv- 1n preparmg, presenting, or prosecutmgsuch cla.tmsa sum greater than $5, which . . . . N d sum shall be payable only upon o:rder of the !Jommissioner of Pensions by the Ice pensiOn It should be done W:Ithout d~la~. o goo. ~rgument can pension agent making payment of the pens10n allowed. and any person who be offered against the first 8eCtiOn of thiS btU unless It 18 proposed to shall violate any of ~he provisi~ns of this section, or who shall wrongful]~ with- cbanae the established policy of the Government and to sav we will no bold from the penswner or claimant the whole or Rny part of the pensiOn or 0 . • • f Th · d . claim allowed or due such pensioner or claimant under this act, shall be deemed longer P~Y ~x:_VIcepenslOns at s1xty-t~o yea;s o a~e. e secon sec~on guilty of a misdemeanor, and upon convict:on the~eof shall,_for e.ach and every of the btllls m tended to meet the difficulties which are yearly growmg otfellSe, be fined !3ot less than $100 nor m_ore tha.':l 5500: or be ImprlSon:;d at hard more oppressive in the administration of the invalid lists. If disabled labor not exceedmg two years, or both, m ~he discretwn of the court. • soldiers and sailors are to be provided for at the public expense, then Mr. CHEADLE. I offer the followmgamendment to the substitute. existing disabilities which impair their ability to earn a livelihood The Clerk read as follows: should be recognized as a sufficient cause for pension. Amend the bill by striking out the word "sixty-two," in lines 5 and 6 of sec- It may have been reasonable in the years immediately following the tion 1, and inserting in lieu thereof the word " sixty;" also by striking out the war to require direct proof as to when, where, and in what manner word ' sixty-two," in line 5 of section 3, and inserting in lieu thereof the word "sixty." the disabilities were incurred, but it is no longer so, and in regard to diseases there was always a sa\"or of absurdity in requiring officers and Mr. TURNER, of New York. Mr. Speaker, I desire to offer the Jill­ comrades to swear to the time, place, and circumstances under wh.ich lowing as an amendment to the first section of the Senate bill No. 389. a soldier incurred rheumatism or indigestion. Twenty-five years have I will state that this bill passed the House, or a bill covering substan­ passed since the war was ended. Nearly one-half who took an acliive tially the ~arne ground. part in it are dead. Age, disease, and time have impaired the memory . ; The Clerk read as follows: of survivors. Disease is too subtle to be traced to its origin even by Strike out all of section 1 of the Senate bill o.nd insert: "That in considering the p ension claims of dependent parents, the fact of tbe the family physician, much less by comrades amid the toil and excite­ soldier's death by reason of any wound, iujury, casualty, or disease which, under ment of the campaign and the battle-field. It is proposed, therefore, the conditions and limitations of sections 4692o.nd 4693, would h ave entitled him in this section to dispense with this requirement of proof and to let the to an invalid pension, and the fact that the soldier left no widow or minor chil­ two fundamental fac~-serviceand existing disability-settle the right dren having been shown as req uired by law, it shall be necessary only to show by competent and sufficient evidence that sucb parent or parents are without of pension. other present means of support than their own mannallabor or the contribu­ The third and fourth sections extended the benefit of pensions to tions of others not legally bound for their support: Pro~i ded, That no pension allowed under this act shall commence prior to its passage, and in case of ap­ widows and minor children of deceased soldiers and sailors. This has plications hereafter made under this act, the pension shall commence from the always been regarded as an established feature in all pension laws and date of the filing of the application in the Pension Office." the present bill doeM not change the practice. The widows here follow -- Mr. SAWYER. I desire to offer the following amendment to the the soldiers as to aid and dependence, as in all other cases, and no reason amendment which is offered by the gentleman from New York. is seen why the policy should be changed It may perhaps be urged The Clerk read as follows: that the rate of pensions to widows in this bill is only $8, while under A m end by striking out allRfter the word" Provided," in the fit·st section of the existing law the widow who proves that her husband's death was the amendment, and insert " That all pensions allowed to de pendent parents the result of his army service receives $12, and that this d.ifferen~ under this act shall commence from the date of filing of the applications there­ ought not to exist. It is a sufficient answer to say that this is purely under, and shall continue no l ~ ger than the existence of their dependence." a pension for the services of the husband, not for a disability received Mr. l\IORRILL. Ur. SpXaker- by him resulting in his death. The widow who sent her husband to The SPEAKER. The ge!!tleman from Kansas is recognized. the war, who bravely toiled at home to care for the little ones while Mr. YODER. Will the gentleman from Kansas yield to me to offer the head of the family was battling in the front, is certainly entitled an amendment to the first section? to more consideration when it is proven that her husband fell on the Mr. KERR, of Iowa. I make the point of order that no further battle-field, died of disease in the hospital, or that his death followed amendmen~ are in order. after his return from the results of that service, than is the widow who The SPEAKER. The gentleman from Kansas is recognized. married the soldier years after the war and whose husband was killed Mr. MORlULL. The gentleman will have time of his own in which in a railroad accident. The same distinction is made iu the Mexican to offer the amendment. service-pension bill and is eminently just and proper. 1\fr. Speaker, the policy of the Government in regard to the payment Two questions stand before us, and on the decision of these this of pensions was declared at its very beginning and has ever since been House should determine its votes. First, will the Government con­ steadily pursued. One hundred years ago it was enacted that officers tinue,orwill it discontinue, itspolicyofpensioningits military and naval and ~oldiersof the militia called into the public service being wounded defenders when they arrive at the age of sixty-two years? Secondly, or di.~abled in actual service shall be taken care of and provided for at will it provide for disabled soldiers and sailors without requiring them. the public expense by being placed on the invalid-pension list. The to prove when, where, and under what circumstances their disabilities principle providing a service pension when the soldier had reached an were incurred? Ifage and disability are to be pensioned, the bill should age which impaired his ability to earn his subsistence by labor was have your votes; if they are not, you should vote ag-ainst it. And it soon added. In a Government formed by the people for their own ben­ should be clearly understood that, if the soldiers of the late civU war efit, and one intending to depend for its defense on Its citizens, and not are not entitled to this pension, then the soldiers of former wars are on its regular Army, this provision is eminently proper and wise. It is nott and all age and disa.bility pension laws should be repealed. I! .. .: . -· 4030 CONGRESSIONAL RECORD-HOUSE. APRIL 30,

only those who can prove that their disabilities were incurred in the apart for the sinking fund, and if the proposed reductions are made in service are to be pensioned, then let all soldiers and sailors of all wars the tariff it will compel a large reduction in the appropriations or a stand on an equal footing. This bill puts- the soldiers of the civil war heavy increase of revenues. on the same basis with those of other wars as to age and existing dis- It is proper in this connection to state that several other general pen­ ability pensions. It does not change the law in regard to invalid pen- sion bills have been reported by the committee which they deem of sions for disabilities incurred in. the service. Those who choose to ap- great importance and upon which they hope for early action. The ply under existing laws and who can obtain the required proofs are at most impGrtantof these bills is the one for the relief of the ex-prisoners liberty to do so and will receive the same ratings as their comrades of war, a class of the noble men who served their country in its dark­ who are now on the rolls for similar disabilities. est hour and who suffered as no others did; simple justice demands the The idea of applying the principle of dependence as a condition of early enactment of this measure, and I propose to call it up and press granting a pension to a soldier is open to very serious objection. The it to a vote at as early a day as possible. This will add $7,500,000 to :first law of this kind was passed in 1818, and made applicable to the the cost of the pension-roll for the coming year. A bill grnntincr pen­ soldiers of the Revolutionary war, and was found to be very unsatis- sions to militiamen who were wounded or injured in the line of duty factory in its results. It is simply impossible to define dependence in has passed the Senate and received the favorable consideration of the :my statute so clearly that the headofthe bureaus can have any fixed and IHonse. This would require an expenditure of a few thousand dol­ definite rule to follow in deciding cases under it. What would be a lars per year. It could not possibly require a large sum, as the pro­ sufficient income to maintain a soldier in one part of the country would visions of the bill limit it to those wounded or injured. The Senate be entirely inadequate in another; what would be sufficient to maintain has also passed a bill increasing the rate of pension for total dP.afness one without a family or others dependent upon him would be insufficient and this measure has also received the indorsement of the committe~ under other circumstances. Nor has Government ever recognized the This would entail au additional cost of $200,000 per year. There are principle that it is under obligation to allow a pension sufficiently large other inequalities in the pension laws which imperatively demand to give a soldier complete and full support except in cases where it was lPgislative action and which would add a million or two dollars more proven that the disability was actually incurred in service and in the to the pension-roll. The additional cost of these bills, includina the line of duty. one under consideration, would not exceed $50,000,000. "' The theory of all service pensions has been that the Government The important question that confronts us is, how much can we ap- would heJp the oJd soldier when he had arrived at an age, or when he propriate for pensions with the present revenues of the country? That was in a condition, to need the assistance of his Government. The act this bill will afford relief to a larger number of the veterans of the war providing for pensions for dependent parents has led to many singular without additional taxation than any other measure presented is be­ and con:flicting decisions in regard to what constitutes dependence. yond question. In one case it was held that where a father was receiving an annual In giving the estimates of the cost under this bill it is nroper to say income varying from $600 to $800 the mother was not dependent. ln t.bat every source of information at our command has beim exhausted another case it was held that where a mother was receiving an annual in our efforts to obtain reliable information on which to estimate the income of $540 she was dependent and was entitled to a pension. In probable cost which would arise under its provisions. It is not claimed the case o£ a mother who had a home and an average annual income for a. moment that these figures are absolutely correct. 1rfany of them of more than $300, it was held that she was not dependent and not en- are estimates made from figures which have been obtained from the titled to a. pension War Department and the Pension Office; others are taken from there- Again, in another case, that of a mother who, at the time of the port.~ and records of the different offices and are therefore official. It death of her son, was possessed of $4,500 invested at 7 per cent. inter- is a singular fact, and one to be regretted, that the actual number oi est, and some unproductive lands in Texas, that the income was insuf. individuals who enlisted during the war of the rebellion is not known ficient to support her in that condition iu which she was living prior and never can be positiYely determined. to and at the death of her son, and that she was, therefore, dependent The records in the War Department show the actual numberot single andentitled to a pension. It canre:.tdilybeseen that it will beim- enlistments, whichwere 2,778,304. Itissimplyimpossibletotellhow possible to so frame a law as to clearly define what constitutes depend- many of these were double enlistments.. Thousands enlisted for a short ence and what income a person must have to defeat his right to receive period at the commencement of the war and thenre-enHsted. A >cry the aid granted under a law of this character. The whole matter wouJd large number after serving their three years veteranized'by re-enlisting necessarily have to be left to the discretion of the Secretary of the In-~ for the war. In m:my cases St>ldiers left their commands without an­ terior, and the rulings would change whenever a change was made in thority and re-enlisted in other regiments. In other cases, tempted by that office. If the rulings alrea~y made were maintained and it was the promise of large bounties, they deserted again and again to re-enlist helt_l that a person with $5,000 was dependent, theu a very large rna- in order to obtain the large sums which were paid to secure recruits. jority of all of the surviving Yeterans of the war of 1861 would come Various estimates have been made as to the total number of individual nuder this class. enlistments, and a careful examination of them leads to the conclusion .Again, to a certain extent, it would depend upon each soldier to de- that there were probably 2,213,365 pe1-sons who actually engaged in the termine in his own mind whether he was dependent or not. Many who service in the Army and Navy during the war. Of these there were are barely able to earn a scanty subsistence by untiring industry would 1 killed in battle, missing, and unaccou.nted for, and died ofdisease w bile be unwilling to acknowledge this clependence and would sturdily refuse in the service, 364,116. to accept the benefits of this act; others, in much better circumstances It is estimated that prior to July 1, 1865, 25,284 had died after being and better able to care for themselves and those dependent upon them, discharged from the service. The best information obtainable at the would feel that they were entitled to the aid of the Government and War Department shows that from t)le Army and Navv duringthe entire would speedily make applications. The effect of a clause of this char- period of the war 121,896 deserted. In,. our estimat.e of cost we have acter would be, I fear~ to discourage thrift and self-reliance and encour- treated all of these as having continued under the charge of desertion, age dependence and lack of effort. It seems to me utterly unworthy although it is a well known fact that many thou!:lands were improperly ofagreatGovernment, whenitseekstobelpthosewhofoughtitsbattles reported as deserting and have been restored to duty, and that many and made sacrifices for its perpetuity, to inquire either into the per- more will have the charge of desertion removed from their records. sonal habits of its brave soldiers or their pecuniary condition. It is Accepting these figures as correct it would leave the number of surviv­ enough that one who responded promptly to his country's call in its orson July 1, 1865, excluding all deserters. at 1, 702, OG!J. The records hom of peril is now disabled. Let that be the only test in granting a of the Pension Office show the numbet that have been dropped from the pension to every soldier without regard to his habits or to his condition rolls on account of death. Comparing this number with the total num­ in life when he is suffering from a disability. ber on the rolls the conclusion is reached that the mortality among the In considering any measure which proposes to enlarge the pension pensioners is considerably higher than thatacceplied in the usual tables _.. list it is not only proper, but absolutely necessary, that we should con- of mortality. sider the cost. While the members of this House are only the Repre- In this connection it is proper to state that the death rate in the past sentatives of the people, and while the Government i~ only the people's has been largely increased lroru the fact that those who were severely agent, collecting the people's. money and paying it out at the people's wounded or those who were seriously disabled by disease contracted in \. will, we are in dnty bound to know and inform them as accurately as the service have died, while tho ewith Jesser wounds or disease bavere­ posslblejust what the cost of any proposed measure will be. mained, so that it is perhaps doubtful whether the increased rate of A careful and thorough investip:ation of the resources of the country mortality which bas been shown to exist in the past would appJy to under our present system of trumtion forces us to the conclusion that the survivors who are now on the pension-rolls. For the purpose of it is simply impossible to pay any larger sum than would be required making these calculati.oDB the total number put on the pension-rolls ·.. by the provisions of this bill without increasing by taxation the reve- since the close of the war was taken, and to this was added a large per nues of the country. The revenues for the fiscal year ending June 30, cE.nt. of all those who made application, and the aggregate of these two 1891, are estimated in round numbers at $450,000,000, and the expend- was placed in a- separate class as being s11bject to a hi~her rate of mor­ itures, including the sinking fund, at $418,000,000. It is freely con- tality than laid down in the usual tables. The remainder were pre­ ceded that under our existing pension laws the amount required for that sumed to be subject to the usual rates of mortality as accepted by the year will certainly reach $110,000,000 and may be considerably more American life ta.bles. Calculations were then made as to the number for that year, with an annual increase of at least $5,000,000. This will that would be living on the 1st of July, 1890, and it was found to be not only exhaust the revenues of the country, but also the amount set 1,246,089. .. . •' ', - ' .• 1890. CONGRESSIONAL RECORD-HOUSE. 4031

The ages at enlistment were taken of a large number of soldiers from Kansas, interrupt to ask him to read a .quotation from the language .of the records of the War Department, and from the facts thus obtained President Lincoln upon this subject. calculations were made showing the probable ages of all the soldiers at Mr. MORRILL. The gentleman from Massachusetts [Mr. MOBSE] the time of en\istment. Fo1lowing out this course of reasoning, the hands m_e an extract from President Lincoln, which says: conclusion is reached that there will be, on the 1st of July, 143,920 Let us strive on to finish the work we are in, to bind up the nation's wounds, survivors sixty-two years of age and upwards. An examination of a to care for him who shall have borne the battle, and for his widow and orphans; large number of cases in the Pension Office leads to the conclusion that ~~l~~sa.~n~~~~hmJr:a~~~e and cherish a. just and a lasting peace among our- 63,427 of the age of sixty-two years and upwards are now on the pen­ sion-rolls. This would leave 80,493 to be placed on the pension-rolls Mr. Speaker, I believe that my old comrades are as loyal and true to under th~ provisions of the first section of this bill. Applications have the Government to-day as when they left their firesides and their homes been made in the Pension Office for invalid claims, which on the 1st of and went forth to battle for the preservation of the Union, and I believe January, 1890, had not been allowed, _numbering 282,833. :Making a those who have been successful in the world's strife, who are now sur­ proper allowance for those which will be favorably acted upon under rounded with the comforts of life and who are in the enjoyment of existing laws and for thosewhich would not come under the provisions health and strength, will willingly forego any claims which they Illily of this bill byreason ofthe non-existenceoftherequired disability, we have against their Government until their more unfortunate comrades find that 151,171 would be placed on the rol1s under the second section are kindly cared for. The passage of this bill will lift the burden from of the bill. thousands of the old veterans and brighten the homes of many a poor An examination of several .thousand of the rejected cases in the Pen· widow toiling unceasingly to care for those who look to her for sup­ sion Office showed that in about 51 per cent. of the cases the medical port. I am confident that the liberty-loving citizens of this great coun­ examination boards reported that they could not find any disability try will heartily indorse our action and look upon it as a simple aqt of whatever. It is probable that of the number of persons not now on justice; certainly nothing more, perhaps something less. [Applause.] the pension-rolls and who have never made any application for pen­ Mr. PICKLER. Will the gentleman from Kansas state why there sion 10 per cent. would apply under this act. This would add 64,122 is no provision in this bill for dependent parents? more to the rolls. I am thoroughly satisfied that the estimates that 111r. MORRILL. In answer to the gentleman from Dakota I will have been made, after weeks and months of careful research and the state that the reason there is no provision made in the bill for depend­ fullest consideration of all the facts, are sufficiently large to cover the ent parents is because about two months ago we passed a bill provid­ expense which would follow the enactment of a law containing the ing for dependent p.:'trents; that bill is now pending in the Senate. It provisions of thi~ bill. will probably pass there as a separate measure or may be made a part The total cost then under this bill would be as follows: of the conference report. The following papers from the Pension Office and War Department 80, 493 sur¥ivors sixty-two years of age, at $96 per annum ...... S7, 7'!7, 338 are submitted, as showing the basis of the calculations of the cost 25,642 pensioners sixty-two years of age who would be entitled to an increase on the average of $3.67 per month ...... 1, 129,237 under this bill: 210,018 under sixty-two years of age, but suffering from disability and not now on the rolls, at $9fi per year...... 20, 161,728 DEPARTMEl<""T OF THE L'\TERIOR, BUREAU OF PEXSIONS, 62,579 pensiouers under sixty-two years of age now on the rolls at 1Vashington, D. C., March. 28, 1890. less than $8 per month, who will h zl ve their pensiond in~ Sm: I have the honor to transmit herewith for your information a copy of creased on the average of $3.67 per month...... 2, 753,979 the estimates of the cost of H. R. bill8297, providing for a service pension, etc., 77, 3~3 widows...... 7, <1~3, 008 together with a memorandum of the facts upon which the estimate is based, and a copy of my letter of transmittal to the chairman of the Committee on In­ The total cost...... 39,197, !roO valid Pensions. Very respectful) y, In this estimate it is assumed that about 200,000 rejected and pend­ GREEN B. RAUM, Commissioner. To the Hon. SECRETARY OF THE INTERIOR. ing claims will be allowed under this bill, and it is possible, and per­ haps probable, that a considerable number of these will be enabled to prove their claims under existing laws. Should this be the case the DEPART~""T OF THE lNTER.IOR, BUREAU OF PEJ:II""SIONS, estimated cost under this bill will be somewhatlessened. The object Washington, D. 0., March 28, 1890. SIR: In compliance with yoUl' request, I have made an estimate of the prob· of the bill, briefly stated, is to render aid to every soldier who is over ublecost of H. H. 8297, being a bill providing for a service pension for the soldiers sixty-two years of age, to every soldier who is disabled, without re­ of the rebellion and their widows, and for other purposes. gard to his age, and to all widows of deceased soldiers who need the To make this estimate a valuable aid in the consideration of your bill, I found it neces.'>nTy_to determine as near aspos:~ible the number of survi¥ors of the war assistance of the Government. for the Union July 1, 1890, and to construct a table of mortality for these sur­ While I do not believe that the Government has been niggardly in vivors. its care of the old soldiers, I am sure that it has not been in any sense Upon a careful examination of the subject, I came t.o the conclusion that more than one-third of the men who were discharged in 1865 were subject, by reason extravagant; that while it has generally cared for those who were able of wounds and other disabiliLies, to a. higher rate of mortality than ordinary to prove that they receh'ed their disabilities in the service, the time citizens in private life. The rate of mortality of soldiers on the pension-rolls has now come to enlarge the pension-rolls and to extend a helping band has been far g~·eater than the rate of death upon which the American tables are constructed. I fixed upon the number of 536,000 men discharged from the Army to those who are growing old and who are disabled. In generations to AS constituting the number who were probably subject to this higher rate of come history will present no nobler spectacle than that of a great nation mortality, and I came to the conclusion that the expectation of life with this just emerging from a gigantic conflict, which taxed its resources to the body of men, by reason of their disabilities, had been shortened about twel¥e years. extreme, drained its best blood, and made mourning almost universal To test the accuracy of these conclusions I caused tbe withdrawal of 16,000 in the land, taking upon itself yea-;:-ly fresh burdens beyond the reach ca es of pensioners who had died between 1865 and 1890, taking the age at en­ of precise estimate, and voluntarily and cheerfully applying itself to listment and the age at death. Upon a tabulation of these figures, and the cal­ culation based upon them, it; was found that the expectation of life of these 16,000 the binding up of the wounds received in its service. men had been shortened more than eleven years. To estimate the relief that the distribution of the vast sums paid out This number of cases is not a broad basis upon which to establish a theory. annually for pensions has brought to the poor and needy soldiers, to They were not examined for that purpose. They were examined to det-ermine whetller they would corroborat-e the facls shown by the records of the office as the destitute widows and helpless orphans, would be simply impossi­ to the rate of deatll of pensioners, and I have accepted these two facts as justify­ ble. It is beyond conception. I firmly believe that the masses of our ing a reasonable hypothesis that the expectation of the lives of the wounded people are quite willing to bear the burdens which our present pen­ and disabled soldiers of the war was greatly shortened. My calculation of the number of present survivors has been based upon the sion system imposes and will cheerfully submit to pay the additional proposition that 1,702,069 survived July 1, 1865; that 1,117,069 of those were sub­ amount required under this hill. I am frank t.o say that if I had the ject to the usual laws of mortality, while 586,000 were subject to a. higher rate power I would go much further. I would gladly see every man who equal to twel ¥e years' shortening of the expectation of life. Upon this basis of calculation I reached the conclusion that on July 1, 1890, wore the blue and followed the flag in the late war liberally pen­ there will be surviving 1,246,089 soldiers of the late war for the Union. sioned; but if the revenues of the Government will not justify this ex­ I respectfully invite your attention to the accompanying memorandum, which pentlitnre it is sufficient to provide for the aged and disabled and des­ embodies the results of the calculations which have been made and sets forth certain facts in connection with tho Pension Office service necessary to throw titute soldiers, to care for those who in sickness and in poverty are light upon the probable cost of your bilL waiting for that final discharge which sooner or later will come to us 'l'his measure provides for the ultimate pensioning, at SS per month, of every al1. [Applause.] officer and soldier who served ninety days or more in the Army, Navy, or Ma­ rine Corps of the United States during the war of the rebellion and who shall 1\Ir. MORSE. I desire to ask my friend from Kansas to read a quo­ have received an honorable discharge therefrom. tation which I now hand him, from Commander-in-Chief .AJger, of the The provision which pensions tllose who are now, or m.ay hereafter be, suf­ Grand Army of the Republic, as a supplement to his remarks and in fering from mental or pb~ical disability equivalent to the grade now esta.b­ lishtd in the Pension Office for the rate of S8 per month is both humane and confirmation of what he says. just, and will give relief to thousands of disabled soldiers who are not able to M1·. MORRILL. The gentleman from Massachusetts asks me to read secure a. pension under existing laws because of their inability to establish by an extract from General .AJger, commander-in-chiefof the Grand Army proof lhe fact that their present disabilities were incurred in the service. Your bill also makes a just; provision of $8 per month for the widows and of the Republic, upon this subject. I do so with pleas Die. He says: minor children of honorably discharged soldiers, where such widow is without other means of support than her daily labor. We go to the sent of Government and we tell the men there to brina:r from its The first section of your bill grants a service pension of $8 per month to the temple the scales of justice, put into one side the abo;,olute needs of the men who officers and enlisted men of the Army and Navy, or l'rfarine Corps, who served are in want t

'•. ~. ·. 4032 CONGRESSIONAL RECORD-HOUSE. APRIL 30,

number of the various ages now surviving. The records of the War Depart­ Recapitulation of claims which woulc£ probably be allowed under sections 2 and 4. ment which contain this information have never been carefully collat~d so 1\S to show ,definitely the facts required, but the subject has recently heen given a 107, 234 pending invalid claims. very searching and intelligent examination by Capt. F. C. Ainsworth, of the 38, 660 pending widows' claims. War Department. I have had access to these figures in the course of my ex­ 43,937 rejected invalid claims. amination of the subject, and they have been of great value to me. 64, 122 probable number of new applications. You will observe that I estimat~ the present number of survivors sixty-two years of age and upwardsat143,920. These persons would, of course, be entitled 253,953, at $96 per annum...... : ...... :.~:.:.:.::.. : .... $24,379,488 to be placed upon the pension-rolls at once, at $8 per month. 62,579 pensioners under 62 years of age now on rolls at less than You will see from my estimate that, after gmnting pensions to all those who S8 per month who will probably be incre~ed $3.67 per month...... 2, 755,979 would probably be entitled under your bill during the fiscal year1891. there will remain 577,201 survivors not on the pension-rolls. These persons will be entitled Cost of proposed service pension as above...... 12, 625, 849 to pensions under the first section of :rour bill as they arrive at sixty-two years Total appropriation required ...... 3!!, 761,816 of age. I invite your attention to an accompanying table which shows, year by year, Number of survivors who will probably be placed on the rolls under when these survivors will reach the a.~~:e of sixty-two, and be en titled to be placed upon the pension-rolls nnde:i:' section 1 of your bill. this act in 1891...... 295,786 In 189214,819 will reach the age of sixty-two, and this number will gradually Number of widows who will probably be placed on rolls...... 64,302 increase for thirteen years, when the l;llaximum number of 69,252 will go upon Number whose pensions would be increased during the same period.. 88, 221 the rolls during the year 1905, and the number will then graduallv diminish, Total...... --448, 309 from year to year, until in 1909 the residue of 535 will be entitled to be placed upon the rolls. Number of survivors not included in abooe ccilculation and who will arrive at si:l;ty­ A very important question to consider in connection with the cost of your two years of age as JoUows: bill is the fact of the greatly increased death rate of one-third of thtl survivors . of the Army. I estimate that during tbe next six years at least 200,000 of tho survivors of the war will die, that during the next twelve years at least450,000 Years. Number. Yearly will have died, nnd that during the next eighteen years at lea.!lt 720,000 will rate. Amount. have died. A great merit of this measure is that, if it becomes a law, it will simply be in­ gmfted upon the presen_t system of pension legislation; and, whil~ it proposes 1892 ...... 14,819 896 $1,422,624 to place upon the pensiOn-rolls at ~per month the 872,987 soldiers who were 1893 ...... 16,255 96 1,560,480 not on the rolls .January 1,1890, it leaves their rights unimpaired to apply for 1894 ...... 17,946 96 1, 722,816 and to receive a. higher rate of pension under existing laws. 1895 ...... 19,938 96 1, 914,048 It is proper to state that in making the foregoing estimate of the cost of your 1896 ...... 22,251 96 2,136,096 bill nothing has been abated from the estimate now before Congress of the cost 1897 ...... - ...... 24,949 96 2,895,1M for the next fiscal year of the pension service under existing laws. 1898 ...... 28,098 96 2, &.17, 408 It will of course be understood that the names added to the rolls under pres­ 1899...... 31,746 96 8,047,616 ent laws from time to time would be deducted from the number who otherwise 1900...... 35,946 96 8,450,816 would be placed upon the rolls under your bill. 1901 ...... 40,760 96 3, 912,960 Every l?rovision of your bill commends itself to my judgment as wise and 1902...... 46,236 96 4,438,M6 just, and 1t seems to me that it will not impose a burden upon the country of 1903...... · ...... 52,397 96 5,030,112 which the people will complain. 59, 2M 96 5,688,884 Very respectfully, ~:?L:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::·.::: 69,252 96 6,648,192 GREEN B. RAU!\1, Commissioner. 1906...... 63,893 96 6, 188,728 Hon. E. N. MoRRILL, 1907 ...... 29,222 96 2,805,312 Chairman Committee on In'Valid Pensions, 1908 ...... - ...... 8,704 96 ~.584 Hoztse of Representatives. 1909...... 535 96 1)1,360 1-----1 .MemorandU1n giving the number of survivors of the war for th£ Union, as shown by Total ...... 577,201 th£ Tecords of the War Department; also giving facts connecled with. th£ Pension Office service; also estimate of th£probable cost of H. R. biUNo. 8291, providing for a service pension and oth£r purposes, for the fiscal year 1891: MEMORANDUM RELATIVE TO THE PROBABLE NUMBER AND AGES OJ!' THE ARMY A!."'D NAVY SURVIVORS OF THE WAR OF THE REBELLION. Number of soldiers enlisted during ihe war for the Union, excluding re-enlistments ...... 2,213, 365 It should be stated in advance that any estimate of the number and ages of the Number killed in battle and b:r other casualties and who surviviug veterans of the war can not be more than approximately correct for died of disease July 1 1865...... 364,116 to 1 the reason that the data on which to base such an estimate are deficient in 'two Estimated number of deatns of soldiers discharged during '"ery important particulars, nam~ly: First, the actual number of individuals in the war to .July 1, 1865...... 25,28! service has never been officially determined and, second, the numbers of men Number of desertions...... 121,896 of dift"erent ages upon entry into service or for any given period of the war 511,296 have never been ascertained. Nor can the missing data be supplied without a laborious search of the many thousands of original rolls and other records filed Number ofsun·ivors of the war July 1, 1865,less deaths and desertions 1, 702,069 in the \Var and Navy Departments, a work which would require :tears for its completion. . Number of survivors July 1,1865,less deaths and desertions, Moreover, if the exact number and ages of the survivors at the close of the • who were subject to the usual laws of mortality ...... 1,116, 069 war were known, the problem of determining the number now living and the Number of survivors July 1, 1865, who because of wounds probable dumtion of life for each group of ages would still be involved in and other disabilities were subject to a higher rat~ of mor­ difficulty, for no life table has ever been constructed which is applicable to such tality equal to twelve years' shortening of the expectation a class of lives as that furnished by the vete-rans of the late war. While it is the of life...... 586,000 generally accepted opinion that the expectation of life of men of this class is l~ss than that of men of the same ages who have never been exposed to the Number surviving July 1,1890, who are probably subject to shock of battle. and the hards~ips and privations of field, camp, and prison, on the ordinary life tables...... 831,089 the other hand 1thas been verymgeniously urged that, by the operation ofthe law Number surviving July 1,1890, who are subject to a greater of the survival of the fittest, the reverse is actually the CJ~.Se, for the reason that death rate ...... 415, 000 t-he individuals of little endurance and tenacity of life, whose early death ma~ te~ia~ly shortens the average of _life among civilians, have long since been Total number of survivors .July 1, 1890 ...... 1, 246, 089 ehmmated from the clas!l to whtch the veterans belong, having succumbed Number of survivors on the pension-rolls .January 1,1890 ...... 873,102 either to the hardships and dangers of war er their subsequent results. Thus Number of survivors not on the pension-rolls January 1, 1890...... 872,987 it is claimeo, the survivors have become a selected class whose average dur~ Number of survivors 62 years of age and upwards July 1, 1890 ...... ~ 143,920 tion of life is likely to be greater than that of an equal number of non-veterans Number of survivors 62 years of age and upwards now on the pension- of the same ages who have not been subjected to this weeding-out process. rolls...... 63,427 ~t wi!l be readily seen,_then, that t-he problem pres~nted is incapable of o.ny­ Number of survivors 62 years of age not drawing pensions...... 80,493 thmg hke an exact solution and that the results obtamed can be nothing more Number of pensioners on rolls drawing less than~ per month July 1, than approximations. But it is also evident that an approximation which is 1890...... 150, 836 reached after n. careful study of all the data. available. meager though they are Number of pensioners 62 yeartt of age who will be entitled to an in- is of much greater utility than the loose estimates and wild guesses which hav~ crease of $3.67 per month ...... : ...... 25,642 heretofore passed current in discussions of this question. Moreover, it is be­ Number ofpecs10ners under 62 years of age drawing less than ~8 per Jieved that sufficient information is at hand to enable a calculation to be made month who would probably be entitled to an average increase of which can not be very far from correct and which may be safely used for all $3.67 per month ...... 62,5i9 practical purposes. Number of invalid claims pending January 1, 1890 ...... 182,955 In all the Cl\lculations embodied in this memorandum, a recent life table Number of invalid claims on rejected files January 1, 1890 ...... 99,878 (American male) bas been used in determining the probable duration of life for Number of widows' claims pending January 1,1890 ...... 74,223 each group of ages. The results obtained must be considered to be maximum Number of widows' claims on rejected files January 1, 1890 ...... 38,660 figures, if it. is believed that the expectation of life of the veterans of the war is Number of dependent mothers and others on rejected files January 1, less than that of non-veterans of the same ages. If the reverse is held to be true, 1890 ...... 9,414 as suggested above, then the figures given must be accepted as minimum in all Number of inva.lid claims pending which will probably be allowed cases. As between these two opposite opinions, in support of each of which under section 2...... 107, 23! there is much to be said, it is perhaps not unreasonable to assume that the mean Number of invalid claims on rejected files January 1,1890, which would Is more nearly correct than either, and th!lt the probable average duration of life probably be allowed under section 2 ...... 43, 9:r1 is about the same fvr the vetemns as for non-veterans. If this be held, then Number of widows' claims on rejected files January 1,1890, which will the figures given must be considered to be nearly correct. ,. probably be allowed ...... 34, 7f11 Subject to the foregoing remarks and to be considered only in connection Number of survivors 1.1ot included in. above figures...... 641,223 with them, the following is submitted: Number of them who would probably apply for pension ..... ~...... 64,122 ARMY. Estimate of the appropriatwn required for jisccil year 1891 to meet th6 expenditm·es As shown by the latest official statement, the number of men furnished bf contemplated by H. R. biU 8297, providing for a service pension, etc. the different. States and Territories during the war, under call from the Prest~ dent, was 2,778,304. Deducting !rom this the nnmber of seamen and marines, 80, 493survivors 62 years of age, at $96 per annum...... $7,727,328 105,963, leaves a total of 2,672,3il credited to the Army. 2.'>, 642 pensioners 52 years of age, who would be entitled to an increase No official compilation has ever been made of the total number of re-enlist­ 6 273 ments in the Army,but various estimates have been made b:v different authori­ 89, 2~ wfJo~s ~~ :Jl~;~b;_bjy"b~·e~titi~d·~~d~~·th".;'i;;;;_t·~p~; I, l29, ties mn~ing from 370,000 to 716,787. The mean between these two numbers, month...... 3,769,248 543,393, 18 believed to be a fair approximation of the actual number. Deducting this from the total credited to the Army leaves 2,128,948 as the number of indi­ Cost of proposed sen• ice pension for fiscal year 1891...... 12, 625, 849 . vidual soldiers serving in the war•

. . ~ ' ·. I .. , r I • 1890. CONGRESSIONAL RECORD-HOUSE. 4033

The number of deaths for the Army is 359,528, and the number of actual de­ TABLE No. 3.-Showing the probable number, Jun,e 30, 1890, of the pensionable sur- serters at large at the close of the war (making due allowance for those incor­ 17ivors of the war of the rebeUion who are either not pensioned or are t·atecl at less rectly reported as deserters) has been estimated at 117,247. Deducting the deaths than $8 per month; the number who wiU be sixty-two years of age or over on that and deserterslea>es 1,652,173 n.s the probable number of individual soldiers who date; also, the number who wiU attain sixty-two years after 1890, with the year in \Vere alive at termination of service and were not deserters. which they wiU reach that age.

NAVY. PB.OBABLE NUMBER OF SURVIVORS IN 1890. The total number of men credited t-o the several States as having been fur­ Excluding pensioners at S8 or over ....• - ...... 1,083,934 nished to the Navy and Marine Corps du:ring the war was 105,963. This figure Excluding pensioners at $8 or over, at si~y-two years of age or over.. 126,087 is taken as the basis of calculation, and not the number of enlistments as reported WILL LIVE TO BE SIXTY-TWO YEARS OLD. by the Navy Department, which is belie>ed t-o include a large number of trans­ fers from the Army, and these ha.,e already been counted in the Army esti­ mates. In year- Number. In year- Number. No data are at hand from which to estimate the number of re-enlistments, but, assuming that their proportion wns the same as in the Army, the total number of individuals in service was ~417. No information has been obtained 1891 ...... •... 17,554 1901...... 52,628 as to the actual number of desertions, but again assuming that the Army pro­ 1892 ...... 19,135 1902 .....• .•..••.....•...... •.•••••••.•••. 59,700 portion is applicable the number would be 4,649. The deaths, os reported by 1893 ...... 20,989 1903 ...... 67,655 the Bureau of Medicine and Surgery, numbered 4,588. Deducting the deaths 1894 ...... 23,171 190l ...... 76,5ors in 1890 who are either not ou 1900 .•.•••..••••..•.•..••••..•••••••...•.. 319, (1()8 1930 ...... 31,2Z1 the pension-rolls or are pensioned at less than~ per month. 1901 ...... 355,067 1935 ...... 5,309 Making similar deduction for each succeeding year for those pensioned at $8 1002 ...... 396,319 1940 ...... 2f51 or over, as they attain the age of sixty-two, the results given in the appended 1903 ...... 448, !1.84 1945 ...... 0 table lNo.3) are obtained. Table No.4 shows the probable total number of pensionable survivors at sixty­ two years of age or over who are not now on the pension-rolls or are rated at TABLE No. 5-Summary. les11 than $8 per month, on June 30 of each year from 189) to 1909 inclusive, when Total number of men furnished during the war (credits) ...... 2, 778,304 practically all will have become six-ty-two, and at the end of each quinquen­ To Army...... 2, 672,341 nial period thereafter until none shall remain. •ro Navy...... 105,963 F. E. AINSWORTH, Estimated total number of re-enlistments...... 564,939 Captain and Assistant Surgeon United States A.nny. 'V.AB. DEP.A.B.Tlld:E~T • .Febi'UaTY 25, 1890. ~~ ~~~:.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .·:::::::::::::::::::::::::~ 5~::~ Estimat~d total number of desertions...... 121.896 TABLE No.L-Showmg the p1·obable number, on June 30, 1890, of the sttrvivors of the war of tM rebellion (excluding deserters), the number who will be sixty-two years ~~: ::.::.:::::.:·.·::::::.:·::::::::::::::::.·.·::::::.::·:::::::.::·::::::.:·:::::::.:·. :::::::.. ::::::: 11~: ~~ of age or over on that date; also, the number who will auain si:IJty-two years after Total number of deaths...... 364, ll6 1890, with the year in which they toil£ reach that age. In Army...... 359,528 In Navy...... 4,588 Probable number of survivors: Estimat~d total number of individuals in service ...... 2, 213,365 In 1890...... 1, 285, 471 In Army...... 2, 128,948 In 1890, sixty-two ye.us of age or over...... 149,531 In Navy...... &1,417 Estimated total number of survivors at t~rmination of service (desert- WILL LIVE TO BE SIXTY-TWO YEAB.S OLD. ers excluded) ...... 1, 727,353 In Army...... 1,652,173 In Navy...... 75,180 In year- Number. In year- Number. EStimated total number of pensionable survivors June 30, 1890 ...... I. 2&'l,471 Less pensioners at $8 or over per month ...... • 1, 083,934 Estimated total number of pensionable survivors sixty-two years of 1891 ....•...... •...... •...... 20,817 1901. ... : ...... 62,414 nge or over June 30, 1890...... 149,531 1S92 ...... •...... •.....•...... 22,692 1002 ...... 70,799 Loss pensioners at $8 or over per month...... 126,087 24,891 1893 •···················•·······•···•····•··· 1903 .••••.••••••..•••.••..•...•••••••.....• 80,2.34 1894 ...... 27,480 1904 ...... •....••...... •.••.••.•..•... 90,733 Mr. YODER. Mr. Speaker, before entering upon the merits of the 1895 ...... 30,530 1905 ...... •...... •...... 106,043 1896 ...... 34,i;ors. physically disabled from serving themselves and unable to earn a living by any kind of manual labor; and. the Democratic party was not slow to discover this nor tardy in applying and extending relief by increasing 1890 ...... 1, 285,471 1904 ..••••••••••••••••••••...•••.•.••••• 858,002 1891 ...... 1,261,232 1905 ...... •••••..•...... •..•.•...• 820,687 this class to $50 per month, later to $72 per month. But as the last 1892 ······································ 1,236,076 1906 ...•.•.•••.•••...••.••••.•••.•..•... 782 722 measure of relief was found not to extend to all that it was intended 1893 ...... 1,209, 968 1907 ...... 744:196 to, owingtotberigidand unjustconstruction of the law bytheRepub­ 1894 ooooooMoooOoOOOoooooooooooOoOOOoOOoOO 1,182,889 1908 ...... •...•••.••...... ••••...... 705,197 1895 ...... 1,154,810 1909 ...... 665 832 lican administration i11 the Pension Office, it may serve our purpose well 1896 ...... 1,12;'),725 1910 ..•...... 626:231 to consider one ofthe absurd rulings at this time. 1897 ...... 1,095,623 1915 ...... 4..'>9, 727 If a man enlisted in the Army who from any cause had the use of 1898 ...... 1,064,524 1920 ..•.••••..•••••••.••••....••••.•..•• 251,727 1899 ...... 1,032,418 1925...... 116,073 but one eye, having previously lost the use of the other, be certa~ly 1900 ...... 999, 339 1930 ...... •...... • 37,033 was not blind; and, however long his service in the Army, under what­ 1001 ...... •..••...... •••.....•.••• - 965,313 1935o ooooooooOOOOOOOOM .. OoooooOOOOOOO•OO 6,296 ever privations he performed his duty, displaying the greatest heroism 1902 ...... 930,380 1940 ...... 340 1903 ...... 894,585 1945 ...... 0 and soldierly ability on many a well fought field accompanied with long marches, short rations, and great exposures, he at last, after years XXI-253

I ~ \ I ' . ' 4034 CONGRESSIONAL RECORD-HOUSE. APRIL 30,

of service, while in the thickest of the fight, in the din of battle, when had already paid him in bounty, a much more just and honest meas­ the clash of resounding arms proclaimed that he was engaged in oneof ure than the pauper-pension bill which President Cleveland vetoed. the fiercest combats ot the war, so noted for its many stubbornly con­ The land-bounty laws are more unjust and severe, illiberal and un­ tested battles, should in the act of most heroic valor and in line of duty equal, than any of the other laws, but I will not dwell upon the in­ lose the sif;!;ht of his other eye, he would most certainly be blind, and equalities of these laws, hut upon the efforts to do the soldier justice blind for the first time; and would you not suppose that soldier would by wise bounty-land-warrant laws. draw a pension for blindness caused in the service of the United States? 1\Iy colleague from Indiana [Mr. HOLMAN] has made two efforts in Not so! It was held that he could not. So the act·of the Democratic their beh~ one, December18, 1861, to have the act of March 3,1855, Congress of Unrch 3, 1879, and the act of J nne 16, 1880, were passed to apply to the soldiers of the then existing wnr by o:ffer\ng an amendment cover this illiberal and unjust ruling. to give bounty-land wnrrants to them, but it was claimed that it would And let me say a word about arrears, for it will be remembered that tend ''to monopolize the public lands by large purchases of the bounty­ this was shortly nfter the repeal of the statute of limitations, so that land warrants," with how much sincerity may be judged from the fact pensions should date from the date of the discharge, which occurred t~t on July 1, 1862, a grant of 28,000,400 acres was made to the Union under Democratic lead. The party, true to its noble ideas of right, Pacific system of corporations. ~run, on December 12, 1872, he suc­ set nn example worthy of the emulation of our Republican brethren, ceeded in passing a bill for bounty-land warrants void of all objections -when they passed the act of June 16, 1880, which was the first Demo­ by a vote of 118 yeas to 54 nays; and such leading Republicans as Mr. cratic Congress since the war, in increasing the pensions of all those of Coburn: ]')fr. Garfield, Mr. HoAR, Mr. HAWLEY, Mr. Kelley, 1\fr. Rob­ a like disability to $72 per month, and they paid them the difference erts, 1\Ir. Sargent, 1\Ir. Twichell, Mr. William A. Wheeler, and other lead­ between $50 per month and $72 per month, from June 17, 1878, the ing Republicans voted against it, while such Democrats as my colleague, date of the firat act and the date of the law to include those who had Mr. HoLMAN, Mr. Butler, Mr. Cox, Mr. Randall, and many others voted been so cruelly ruled out. for it. This bill was unfavorably reported by Senator STEW ART on the The act of March 3, 18i3, also gave $24 per month for loss of one part of the Senate, and thus ended his second effort in behalf of the hand and one foot, which was incree about pension topography, and they selected the most fertile soil, best location, teem­ legi 1ation, but with the mention of one more class I will leave the ing with luxuriant foliage and ~rowth from a soil of inexhaustible fer­ subject, for the present. It is impossible to conceive a disability of $2 tility, beneath the surface of which lies a wealth that will make the per month-about 13 cents per day-or, to be more precise, thirteen cents traditions and fables of the ancients seem but moderate possessions if and one and one-balfmills' per day. I say impossible, a,nd ifany man contrasted with them. I could dwell longer upon this, but the mind is disabled he requires at least $8 per month, for show me theman who re\olt.s and our eyes ache when we view so long this nauseating com­ is not injured, if at all, to the value of at least 52 cents per day. And pound of Republican selfishness and injustice, showering out with plen­ I am opposed to this penny pensiocing and favor more just and ade­ tiful hand upon the wealthy objects of their favor and refusing citizen quate law. soldiers that which would benefit them and increa~e the wealth of the '\Yhatever may be said a bon t the pension laws, the bonn ty laws are still country by occupying and bringing the land under cultiv:;~.tion. more open to criticism; for when we consider bow they are drawn aud Although the income tax of 1862 has been repealed, if any soldier made to apply to enlistments at and between certain dates it is obvious at this late day receives n little baek pay he has the tax. deducted, al­ many enlisted between those dates and at other times who gave as much though the Government has bad the use of the money without interest I ' service and without the provisions of the bounty laws applying to them, ever since the wnr. and it almost compels one to think that the object ol the law was not When the soldier entered the Army the currency of the country was to give a bounty in fact, but drawn with the very view of covering the gold and silver, which passed interchangeably at par; but by a system time when we had the fewest enlistments and excluding the time when of >icious legislation gold went up as high as $2.85 and the soldier was most of the soldiers entered the service; and I am strengthened in this paid in depreciated Treasury notes which, as I have said, at one time belief from the fact that all efforts to equalize bounties, however fair. were worth aboJit 33 cents on the dollar, as compared with gold; so the equitable, or just have been killed in the Republican Senate or vetoed soldier received less than $6 per month, measured by the money gi>en by a Republican President. the rich holder of the 5-20 bonds; so that about $1,300 invested in The honor of the fi.rst effort to equalize bounties belongs to the Dem­ United States 5-20 bonds had an income therefrom which would about ocratic party. Mr. Niblack introduced a resolution December 6, 1865, pay a soldier for risking his life and health in serving his country. which was referred to the Committee on Military Affairs, asking them The credit-strengthening act was passed after the war was over and to consider the expediency of reporting a bill to equalize bounties, the Government had no further need of borrowing, which was a further which it subsequently did by Mr. Schenck, which passed the House advantage to th-e bondholder, who had been a ~ainer by this change May 25, 1866, yeas 139, nays 2, not voting 42. But nothing came of in the >alue of gold compared with paper; and gentlemen on the other this bill in the Senate, although Ex-Senator Wilson, of Massachusetts, side will rise to say we must keep faith with the bondholder, and we favorably reported a bill in May of that year. have never broken faith with him and he never has been a loser. Ur.Cobb, of Wisconsin, secured the passage ofa bill through the House, This brings me to the point, what have )Ve ever done to pay the June 17, 1870, to equalize.bounties, but nothing was done with this in soldier what he lost by the depreciationofTreasury notes? Nothing! ihe enate either, although it passed the House without division. Not one cent has been paid to him; and but for his valor and expos­ Another bill to equalize bounties pas~ed the House February 13, 1875, ure the bondholder would have had neither principal nor interest. which pa....~ed the Senate March 2, 1875, so amended that the friends of Surely, gentlemen will not claim that a pension does it; for that is the bill felt it was killed, as it was believed the House would not con­ but a just consideration, at the most, for what be has lost and suffers cur in the amendmentsj there were 30 yeas and 30 nays and the ViJ!e­ as a measure of damages. The difference ought to be paid, at what­ President, Henry Wilson, cast his vote in the affirmative, and the bill ever cost, as a simple act of justice and equity. was passed; but such RepublicansasSenatorsALLISON, Anthony, Bout­ I)ermit me to say that a pension of $8 per month is small enough well, Chandler, EDMUNDS, Morrill of Maine, MoRRILL of Vermont, for any disability, to my mind, and take that as the lowest, and $100 Sargent, SHERMAN, Sprague, STEWART, and Washburn, votedagainstit; per month as the highest: and grade all pensions between justly, ac­ and to their surprise and tha.t of many others, the House concurred in cording to the disability, by general revision of the pension laws, and the amendments, and then came another effort of many leading Repu b­ then give every soldier a service pension of at least $8 per month o>cr licans to kill the bill by a motion to lay the conference report of the a.nd above all pensions he may receive for disability, and let no de­ committee on the table; but the President of the Senate ruled that the pendent soldier be the recipient of private or public alms, but receive bill being in the House he was not precluded from signing it, and did so, any aid required from a grateful country which he served; andalsoin although President Grant, vying with other Republican leaders, vetoed the passage of general laws, to include those of the same degree of tbe bill, which was to give eight and one-third dollars per month for disability, to date from the date of the first general act to create that each and every month served by the soldier, less what the Government grade if they were thus disabled at that date, and, if not, from the dat6'l ). 1890. CONGRESSIONAL RECORD-HOUSE. 4035

of their disability; and then add to this an equalization bounty bill, service-pension law, and that no misrepresentations of our position can such as President Grant vetoed, and a bounty-land law, such as my deceive or mislead the soldiers or their true friends. colleague [Mr. HOLM<\_N] tried to have become a law.._ and we may say We oppose this bill, not because it grants pensions, but because it that we have approximated somewhere near justice; and the longer we does not grant liberal pensions, commensurate with the promises made withhold this the lonp;er we shall fail to do justice to the soldier. to the soldiers by the majority in this Congress, and in keeping with The flower of the co.untry entered the Army, the bone_ and sinew of pledges made to secure votes-yes, confessions to true friendship, and the generation to which they belonged, not only physically, but men­ pledges in platforms, county, State, and national, ever since the war: tally '!:!peaking, leaving their homes, their loved ones, and all that was Resolved, That-the country owes a debt of gratitude to the Union soldiers and most dear, to serve their country; they moved from the fields, work­ sailors who saved the nation we can never pay. shops, factories, mills, offices, from the rostrum, forum, and pulpit, for Now, when the party which has so often iterated and reiterated these a people, without regard to profession or calling, donned the warlike promises has a majority of the Committee on Invalid Pensions, the Com­ uniform and moved with martial tread to wrench victory from a most mittee on Rules have reported rules which have been adopted by valiant and determined army, commanded by the most able of generals. the House giving the Committee on Pensions the r~ght of way or per­ But how changed ! Old age is fast creeping upon them and has al­ mission to bring in and have the House pass any bill they may see fit ready reached many, and will soon come upon all; so the time is not to submit and at any time by a majority vote. The Republicans have far distant when all shall cease to move with firm, stately, and majestic elected a Speaker who certainly should not be hostile to liberal pen­ tread, but will be the venerable remains of a noble and heroic army sion legislation. The majority in the House is certainly large enough whose glorious deeds have been unrivaled, either in ancient or modern to pass any pension law that is desired or reported from the committee. times. The Senate has a Republican majority. The President and his ad­ After this general review and mention, I will now briefly devote my­ visors are all of the same pretended soldier-loving political persuasion. self directly to the merits of the bill under consideration. The man who said, when a candidate- · I desire in my time to move an amendment to the second section of This is no time to weigh in an apothecary's scale what is due the men who the Senate bill, by striking out the section of the Senate bill and in­ saved this nation- serting the amendment which I send to the Clerk's desk. is now President, who by a nod of his head, could bring great influ­ The SPEAKER. That is not now in order. ence to bear on our committee and upon this House, to do justice to the Ur. SPRINGER. I beg the Chair's pardon. The Senate bill is the men who saved the nation, and from the many promises made the sol­ bill for which the substitute has been offered. This is only an amend­ diers of the country, during the last campaign, and the condemnation ment to the text, and the gentleman has a right to offer an amendment of the party then in power as enemies of the soldiers because they did to perfect the text of the bill. not pass more liberal pension laws to the men who saved this nation, The SPEAKER. There is already an amendment pending. our comrades and their friends did and have a right to expect that Mr. SPRINGER. To the Senate bill? under all these unprecedented favorable and privileged circumstances The SPEAKER. To the Senate bill. just enumerated, this Congress would not be in session more than thirty ltlr. SPRINGER. Whose amendment? days until a liberal general pension law would be passed and long The SPEAKER. The amendment of the gentleman from New York since become a law. Petitions poured in upon us from every State in (Mr. TURNER). the Union praying that we should give precedence t<> peDBion legisla­ .Mr. TURNER, of New York. I withdraw the amendment. tion and speedily pass a per-diem rated service-pension law. Mr. KERR, of Iowa. I object. If the gentleman withdraws it, I The pension committees representing the Grand Army of the Repub­ will renew it. lic, the Union Veterans' Union, the Indiana and Kansas Service Pen­ Mr. SPRINGER. The gentleman has the right to withdraw his sion Association, and many other friends and commiteees representing amendment. the Union soldiers have been here earnestly mging us to do something The SPEAKER. An amendment to the amendment is offered. for their relief; and yet, strange as it may seem, unaccountable ann ltlr. SPRINGER. Who offered that amendment, Ur. Speaker? inexplicable as it is, this Congress has now been in session for five The SPEAKER. The gentleman from New York [Mr. SAWYER]. rponths and is drawing to a close, and no pension legislation has been Mr. YODER. I desire in my time to have the amendment which I considered save and except a few minor bills, and one spasmodic effort propose to offer read. to suspend the rules (which were made expressly to obviate the neces­ The Clerk read as follows: sity of having to suspend them) to pass pension legislation and pass Strike out section 2 of the Senate bill and insert the following: the bill now under consideration, a law in its very provisions con­ "Be it enacted, et.c., That the Secretary of the Interioris hereby authorized and trary to what was demanded, contrary and not at all in keeping with directed to place on the pension-roll of the United States the names of all the what "the men who saved the nation" had a right to exoect at the persons specified in the following, upon making due proof that they performed the services specified in said section. hands of a majority of this Congress, made so by the soldier votes of "SEC. 2. That persons entitled as beneficiaries under the preceding section are the country. as follows: Any officer or enlisted man who shall have served in the At·my, The majority report and the title of this bill call it a "service pen­ Navy, or ~Iarine Corps of the United States, including regulars and volunteera, subsequent to the 12th of April, 1861, and prior to theist day of July, 1866. sion." The title should be amended so as to conform to the provisions "SEC. 3. That the rate of pension for such service shall be at the rate per month of the bill, and then it w~mld read: ~nhc;{?~~~~l!t~~:·s service rendered in said Army, Navy, or Marine Corps A bill providing service pensions to soldiers nft~r they are dead, and their widows, provided they become paupers before they die. • I "SEC. 4. That the period of service shall be computed from the date of muster into the United States service to the date of discharge; but no pension shall be I do not condemn all the provisions in this bill. The relief it affords granted undec this act to or on account of any person who deserted prior to to the disabled soldiers and destitute widows_and children is well, and July 1,1865, until he shall have obtained a discharge from the service from which he deserted, and no discharge which wo.s given to any person by reason if I can not be instrumental in bringing about a more just, equitable, of re-enlistment as a. veteran volunteer, or to enable him to accept a promotion, honorable, and more liberal pension law I shall >ote for this bill, but shall be deemed a di<1cha.rge fwm the service within the meanin:; of this act. nuder protest, and after having done all that lies in my power to bring "SEo. 5. That pension under this act shall be at the rate specified in section 3, about a per diem rated service-pension law. I shall, if I am forced to, and shall be paid to the persons entitled thereto for the t~rm ot:their lives from and after the passage of this bill. vote for this bill on the ground that half a loaf is better than no bread, "SEc. 6. That this bill is intended as a service-pension bill, and is intended as an but not until I haYe abandoned all hopes of the passage of a more lib­ addition to all invalid pensions which ha.ve been made or hereafter be granted for disability. eral law. "SEc. 7. That when any one entitled to the provisions of this act shall have Our objections to this bill are set forth in the minority report, which been discharged for wounds before the expiration of his term of service, he shall I ask permission to incorporate in my remarks: be considered as having served his fuH term of enlistment, and entitled to the full amount he would have been had he served his full enlistment." :\Ir. 1\IABTL.._, of Indiana, from the Committee on Invalid Pensions, submitted the following as the views of the minority (to accompany H. R. 8297): The minority, undersigned, of the Committee on Invalid Pensions, to which :Mr. YODER. Mr. Speaker, the bill which I have endeavored to was referred the bill (H. R. 8397) providing a service pension for the soldiers offer as a substitute, or as an amendment, to what is known as the of the rebellion and their widows, and for other purposes, hereby submit to Morrill so-called service-pension bill, which is sought to be substi­ the House of Representatives the reasons, at least in ·part, of our dis3ent from the report of the majority of said committee. ~ted for the Senate bill, is the one just read. I end~vored to get it First. While the bill under consideration is to be regarded as tending in the m as an amendment, and I have been ruled out. I shall endeavor to direction of more liberal pension legislation in the interests of the survivors of '. get it in later on. This is what is known as the Union Veterans' per­ the Army and Navy in thewarforthe Union, yet it is far less liberal than there­ cent act of Congress granting pensions to the snrviving soldiers and sailors of diem rated service bill, a bill which has been asked for by the Union the United States in the war with 1\Ie:xico. Particular attention is invited to Veterans' Association, the Grand Army of the Republic, and the Kan­ the provisions of the last-named law, ena-cted by the Forty-ninth Congress, sas and Indiana Service Pension Associations, and prayed for by peti­ which law, so far as the particular point involYed herein, is as follows, to wit: tions of all the representa.tives of the different soldiers' organizations. "Be it enacted. by the Senate anly discharged, and to such of misrepresentation in partisan newspapers with flaming head-lines can other officers and: soldiers or sailors as may have been personally named in any resolution of Congress for any specific service in said war," etc. deter the minority of the Committee on Invalid Pensions from at­ Then follows the fi:xing of the rate o! pension at SS per month on the appli- tempting to secure the passage of a just and equitable per-diem rated cant's arriving at the age of sixty-two years. .

. ' 4036 CONGRESSIONAL RECORD-HOUSE. .APRIL 301

Your minority submit that no good reason exists for treating the survivors of (H. R. 1007) as a substitute for this so-called service-pension bill, and the war for the Union less generously than those of the war with Mexico. There is no good reason known to the minority why a survivor of the war I shall ask the Clerk to read it; and I shall also, with permission of for the Union must proYe a. service of ninety days while he of the war with the House, incorporate it in my remarks. Mexico may have his pension upon proving a service of only sixty days, or It will be seen that this is a per-diem rated service-pension bill, pure that he was engaged in a. battle, or that he was personally named in some reso­ lution of Congress for any specific service in said war with 1\Iexlco. and simple. It is what is better known as the Union Veterans' Union 'Ve respectfully submit that the pension legislation aforesaid, for the benefit bill. It is also indorsed by the Grand Army of the Repul;llic. It is of the surlivors of the war with 1\Iexico, is no precedent at all, or at most a. the bill prayed for in thousands of petitions to Congress by th.e soldiers very feeble one, for the present bill, when the lattRr is so much less liberal to from every section and locality of this Union. If there are any soldiers the Union vet.erans than the other is to the veterans of the Mexican war, who 1 received their pay in g<'ld or its full equivalent, while the soldiers of the late who favor the Morrill bill in preference to this bill, I have not heard war were paid in a depreciated currency that at one time during the war was from them. I see it stated in Republican newspapers that the pension worth only about 331 cents on the dollar. It is to he observed further that the veteran survivors of former wars received committee of the Grand Army of the Republic, who were here last each a land warrant for 160 acres of land, a thing denied to the veterans of the week, indorsed the Morrill bill before the Committee on Invalid Pen­ late war for the Union. sions. Second. The minority further suggests that the provisions of the first section of the bill under consideration are not in response to any popular demand, nor In the first place, that committee was not before the Committee on to the petition, request, or prayer of any body or association of the survivors Invalid Pensions on last week; that they had a conference with our of the late war, in fixing the age to be attained by such survivors at sixty-two distinguished chairman I doubt not, and if it is true that they have years, and also in other particulars. During the Fiftieth Congress seyenteen bills were introduced by Representa­ indorsed the so-called Morrill bill they must have received new light, tives in the House. to provide service pensions for survivors of the war for the and their conversion was as sudden as that of Saul of Tarsus, since the Union, and only one of these bills, being H. R. 11592, provided a requirement Republican caucus, when it was decreed that the Morrill bill, objec­ that an age so great as sixty-two years must be reached to entitle the applicant. to a. pension. 'l'hat bill was not introduced until October 15, 18S8. Two others tionable and unjust as it is, should pass this House. of these bills fixed the age at sixty years, being H. R. 1544 and H. R. 5611, but, I shall leave the majority on that side of the House to the tender although the Representatives who introduced those bills in the Fiftieth Con­ mercies of my outraged comrades, and may the Lord have mercy on gress are members of the present Congress, they have not introduced any such bills during this Oongre3s, as far as the minority have been able to discover by their future political ~ souls. You are mistaken when you think you an exa.mination of the RECORD. can violate, with impunity, solemn pledges made by your candidate The other fourteen of these bills proposed no age qualification whatever. It for the Presidency, promises and pledges made in your platforms, prom­ seems, therefore, that the history of the pension legislation in the Fiftieth Con­ gress affords no e\·idenoe of any popular demand for the fixing of any age qual­ ises made by which you succeeded in electing your candidate and by ification to entitle yeterans of the war for the Union to pensions. means of which you elected a majority in this House. • During the present Cong1·ess, up until the 17th day of March, 1890, eighteen You may deceive the soldiers and their friends sometimes, but you bills were introduoed in the House of Representatives and referred to the Com­ mittee on Invalid Pensions, to provide service pensions for the survivors of the can not hoodwink them always; and the day of reckoning is at hand. Union A.rmy; and, of this number, but three propose nn aile qualification, and The obligation the nation owes the soldier is so sacred and solemn that not one of these three was ever called up for special consideration by the com­ politics should uot enter into consideration at all when we consider it; mittee aforesaid. From the 18th day of December, 1889, until the present, the Committee on In­ and woe to the political party that has sought to take advantage of valid Pensions has heard many arguments by able men representing various these brave and heroic men and then violate every pledge by which associations of Union ex-soldiers, such a.s the Grand Army of the Re,mblic, the they have gained political power. You may bring your caucus lash to Union Veterans' Union, and Service Pension Associations, but never was a word uttered by any of these speakers, of which the minority recollect, asking bear on members on that side of the House who think as I do about that any age qualification be ingrafted upon any of the bills before, or to come this legislation, but how are you going to explain to the soldiers when before, that committee, and no public r;entiment seemed to contemplate such a you meet them face to faee? Your partisan press may misrepresent, bill as the one under consideration. Further no action or discussion by the Committee on Invalid Pensions ever but the record will be against you, and the friends of the soldier will authorized or suggested the necessity or desirability of introducing the bill now learn the trnth. reported by the majority. This bill, H. R. !1297, was introduced inio the llouse In conclusion, I will only say that I shall demand a yea-and-nay vote on the 17th day of l\1arch, 1890, and was acted upon favorably by the ml\jority ofthe committee on the 25th day of March, 1890, though the favorable report was on the per-diem rated service-pension bill without the obnoxious death not actually presented to the House until Marcl18l, 1H90. clause in it. I shall put every man on record and shall leave every In prescribing an age qualification of sixty-two years, or, indeed, any age, individual member to his own conscience and his constituents. I have this bill violates or repudiates two different popular ideas upon the subject of service pension legislation, namely, a simple per-diem pension of a. monthly sum no reflections to cast on any judividual member for differing with me, equal to the whole number of days served by the applicant, and, second, pro­ and then, if I am forced and C!ln do no better, as a last alternative I viding a certn.in general or minimum sum per month, generally fixed nt~, with shall vote for what I am compelled to under solemn protest. or without a. per diem added thereto. In neither of these ideas is there any age qualification. Mr. Speaker, I ask unanimous consent to extend my remarks in the The minority of the said committee criticise the age qualification as being RECORD. In the short time allowed us and the number of members neither responsi>e to any public demand nor a compliance with the just re­ who are beseeching me for time I do not feel like trespassing upon the requests of the veterans themselves. It seems evident that lhe bill under con­ sideration is simply an outgrowth of some real or supposed necessity to give time of the House and taking up the time so that other gentlemen can what is not asked by the survivors of the war for the Union, instead of granting not be heard on both sides of this Honse. them what they have so plainly asked and justly expected. 1\lany, very many There was no objection. thousands of these old soldiers will never live to see lhe age of sixty-two years, and it seems unjust to make this requirement of a thing over which they can Mr. MORSE. Will the gentleman allow me to ask him a que-stion? have no control. Mr. YODER. Certainly. This minority respectfully but earnestly !lrge that the bill under considera­ Mr. MORSE. I understood the gentleman to say that this should tion ought to be amended to conform to-the popular demand of the surviving Union veterans, that the age qualification be eliminated therefrom, and, as a be entitled "A bill to pension the dead." Did you hear the gentleman limit of service required, that it be mad~ not to exceed the sixty days, as in the from Kansas state that on June 30,1890, there will be 149,000survivors said legislation in favor of the veterans of the Mexlean war. Pointedly reserv­ of the war of the age of sixty-two. years? ing to ourselves full rigM to criticise the bill (H. R. 8297) in any other particular that justice may seem to demand, we respectfully submit this as the view of the Mr. YODER. It reaches them abont six years after they are dead. undersigned. [Laughter on the Democratic side.] A. N. 1\IARTIN. Mr. MORSE. That wlll not do at all. S. S. YODER. Mr. YODER. Mr. Speaker, I want to call the attention of my com­ The most obnoxious feature of this so-called service-pension bill is rades who stood the brunt of the battle at the front for four long and that it puts the age limitation at sixty years before a service pension is bloody years to the greatest objection to this bill, which is not set forth granted. This is indeed a remarkable provision, coming, as it does, in our minority report. It is this. You will observe this bill makes from the pretended special friends of the soldiers. The injustice and uo distinction between the "coffee cooler," the "hospital bummer," fallacy of this provision become apparent in a report by the late Com­ who enlisted for ninety days and shirked his duty, and the man who missioner of Pensions, General John C. Black, who, in his official re­ served for four years as a veteran, always at the front, never shirking port, dated June 30, 1888, said that the average death age of the sol­ duty, no hospital record, and too proud and independent to-q.ay to hu­ diers of the late war is fifty-six years. This bill proposes to grant a miliate himself to apply for a pension. service pension six years after the date of average death age. This Under this bill he will be denied a pension, while the ninety-day simply means '' Waiting for death to save money and defeat justice to hummer will prove his disability and get his $8 a month. The man the soldiers. '' who shirked his duty in the Army will pexjure himself now and is It comes too late to be of use to soldiers and does not fittingly voice placed on the pension-roll. He never was any good before, during, or the gratitude of a patriotic people. The widows and orphans of every since the war, but by this bill is pensioned, while the most heroic, Union soldier should receive a pension, without first proving depend­ hurd-fighting, battle-scarred veteran, who is not disabled to the extent ence. The provision, "A widow without other means of support than of total disability, will have to wait until he is dead or sixty years old. her daily labor," should be stricken out of this bill, which is a humil­ No distinction is made and no credit is given for lou g nor for patriotic iation unworthy of a rich and powerful nation, and not in keeping with 8nd valiant service. the patriotic sentiment of our people. It will not do for politicians or There were 312,700 men who served less than one .year; there were partisan newspapers to mislead the soldiers and their friends by say­ 393,706 soldiers who served not over one year; 716,406 men, whose ing, 11 This is the best and all we could give you; this is the most liberal service averages six months, who will get the bulk of all this bill pro­ pension law we could passonaccoun~of Democratic opposition to pension vides for. Is this just? Can any party justify any such legislation? iegislation." It is too apparent that this is not the truth, and you My bill provides a pension according to length of service, without offer­ '· make a mistake when you undertake to hoodwink the boys who wore ing a premium on perjury and patl.perism. the blue. You can not deceive them hereafter. I now offer the bill The law now provide.s for a pension for all disables who can prove ., . . \• :. 1890. CONGRESSIONAL RECORD-HOUSE. 4037 origin in the serviee. This bill simply provides for $8 per month to The disability bill, to which is now added a provision for pensions to all widows of veterans, has for several years had the unanimous approval of the Grand those who can not trace disability from service and those who are Army of the Republic, and the per diem service-pension bill has received the sixty years of age. Ninety-nine out ?f every hu~dred w~10 are benefited cordial approval of the National Encampment of the past two years. by this act are not veterans who did the fightmg. S1x hundred and These bills will be presented to Congress at the coming session, and favo~ble consideration urged,in accordance with the appended resolutions of the National seventy-two thousand four hundred and six men enlisted under the Encampment., and in the name and behalf of the nearly half a million members age of twenty years, 1,346,812 enlisted under the age of thirty, and of the Grand Army of the Republic. few over forty, and yet, unless you were forty years of age when en­ Respectfully, yours, GEO. S. :MERRILL, listed or are totally disabled, you get no benefit from this bill, no JOHN S. KOUNTZ, matter how long you have served. . . JOHN W. BURST, The bondholder has been paid more mterest m gold than the amount RICHA.RD W. BLUE, LUCIUS FAIRCHILD, paid for pensions. This service per diem rated pension bill asked for Committee on Pensions. by the soldiers would cost not t-o exceed 620,000,000 more than the Morrill bill, and would provide a pension for all according to the serv­ HEADQUARTERS BRANDYWU<""E PosT, No. 54, ice rendered, and would recognize patriotism and bra very. If I am not DEPARTMENT OF PENNSYLVANIA, GRAND ARMY OF THE REPUBLIC, mistaken the party that places itself on record to-day as opposed to a Coatesville, Pa., ApriL 11,1890. DEAR SIR: At a regular meeting of the post, held on the above date, the fol­ per diem rated service-pension bill will soon call upon the rocks and lowing resolutions were unanimously adopted: hills to hide them from the wrath of the soldiers. ''Resolved, That the thanks ofthis post are due and are hereby tendered to Rep­ I will give you good authority for my po~ition and ask I? embers ~ resentative YODER, of Ohio, for the able manner in which he defended the rights of the soldiers of the Republic in his remarks upon the pension service bill fn consider well before you cast your vote agamst the recommittal of tbts the Lower House of Congress on the 8th of April, 1890. Morrill bill with instructions to substitute the soldiers' service bill to­ "Resolved, That the above resolution be pla CoMRADE: I herewith send resolutions passed last night by our who vote "no" on this proposition to recommit forever bide their faces command, and hope that your efforts in the House will meet with success. The in shame when you meet a veteran Union soldier, and never again claim boys here are watching and waiting. Some had better keep their ears to the to be the true soldiers' friend. Listen to what the loyal soldiers say: ground. Yours, truly, in F., C., and L., A.s president of the Service-Pension Association of the United States Governor HARRY C. KUNIE. Alvin P.Hovey has issued an address entitled "Soldiers' rights-an appeal to Hon. S. S. YODER, Washington. D. C. the loyal people of the United States and their representatives in Congress." The first portion of the address explains that the Service Pension Association The Blade has, for some time, been publishing letters on the pension question, does not mean to interfere with the system of disability pensions now in opera-­ from soldiers and others. These letters are from all parts of the country, but tion, but ask, independent of it1 a pension for e>ery man who served sixty days m(Jst largely from the 'Vest. We are persuaded that the members of the Fifty­ or more in the Union Army, tnis not meant to be only for the support of the first Congress do not und'erstand the intensity of feeling among the ex-soldiers survivors, but as a mark of honor, something oftheVictoria Cross and the French and their friends all oYer the Union, and more especially in the 'Vest and North­ Cordon of Honor. The address says: west. "The soldiers of the Revolution, of the war of 1812-1815, with Mexico, in aU Not only are they determined that they shall be heard by Congress, but they our Indian wars, were generously given lands by millions of acres and pensions are determined that they shall be heard at this session of Congress. They will have been refused, with billions of acres of public domain and a surp1us in our not be put off. And if Congress refuses to act at this session, the service-pension Treasury that the ingenuity of our statesmen have been unable to exhaust." measure will be made the shibboleth of the Congressional elections this fall. The final paragraph of the address is as follows: "Send no Rept:esentatives -· to Congress who will not honestly and earnestly support your just claims and !~t~ti::r;~: d.l~ ~~t~~t!r!r ~~i;r::!~~~~~ t~Ts~:s~~: ~Jl0futd'~f~!rt~:: demands. Send no one who is so stupid or prejudiced that be can not see and tired to private life. And remember that the soldiers' sons are getting old understand them, and be sure you send no one who will not contend for your enough to vote, and that in every State, from Ohio westward to the Pacific, the ·-:-, honor and;your rights with as much loyalty and zeal as you fought for the pres­ veterans of the war, their sons and their friends and sympathizers, hold the erration of the Union; and you should send neither laggards nor cowards for balance of power, whether the Congressional district be Democratic or Repub­ your representatives, for they do not belong to our ranks. lican.-Toledo Weekly Blade. We do not want an ~ per month pension measure passed. becan!:e it is not fair. Why should men who served but one hundred days, aud some even less, I now yield to the gentleman from South Dakota [Mr. PICKLER]. receive as much as those who carried their muskets all through the war? 'Ve M:r. PICKLER. M:r. Speaker, to the memhers of this House, andes­ except the wounded and do not include men who never left their States, except­ ing again those who were wounded in action in invaded States. Would it not pecially to gentlemen on this side of this Chamber, the Republicans of be more equitable to reverse the order, give more to those who served longer, this House, it seems to me comes the admonition to stand solidly for a and less for short-term service? Certainly it would.-Union Vete1·a;•. service pension·in tones so emphatic and so unmistakably earnest that they must be heeded. HEADQUARTERS NATIONAL CoMMAND UNION VETERANS' UNION, It wa.s largely through promises of the Repnblican party and its leaders OFFICE OF THE Co:!DIANDE.R-IN-CHIEF, I. Cleveland, Ohio, March U, 1890. that these men were induced to enlist. The threat came that if your • • * * * * • candidate for President was elected in 1860 and should undertake to 7. We demand, as our lawful right, the passage of our per diem service-pen­ exercise his constitutional prerogatives as Chief Magistrate of the whole sion biU. Veterans, support no man who will not be true and loyal to our rights. nation war would follow. Conscious of your rights as American citi­ If this great Republic, after deeds and sacrifices so heroic, after such a struggle for this nation's free and great future, so glorious; if it can so basely forget her zens under the Constitution, you dared maintain them. great part and her greater future, and our Congressmen and Senators forget You were successful Victory perched upon your banners. their manhood, promises, self-respect, and present to us only upon conditions Grand old Abraham Lincoln was elected, wa.s inaugurated, and the of mendicancy, pauperism, and poverty her miserable pittance, veterans, be silent of your exploits; soldiers of the rebellion, conceal your scars and man­ Republican party was an anxious party, and months of momentous in­ gled limbs, and although want and misery may knock at your doors the bread terest to the nation followed. of the poor-house is infinitely more sweet than Government morsels purclmsed War came, with all itsdireandfearfulresults. You required soldiers at the sacrifice of manhood. to maintain in power the President you had elected; and not only to • • * * * • * 9. Our father and friend, good old Abraham Lincoln, left us his parting bless­ sustain your President, but to preserve the very life of the nation. ing and to the great country of America. "Care for him who bath borne the The call was.mane, and how nobly the men who now ask pensions battle, and for the widow and orphan." Again the spectacle is seen. This responded has become history. great nation swaying to and fro, not by reason, not by justice, not by right, but by fear, and the interests and rights of the soldier traded away, and their peti­ The fire of Sumter fierce and hot tions for justice buried in the cellars and basements of the Capitol they gave Welded their purpose into one, their blood to save. Congressmen and Senators, we are indeed eager once more And, discord hushed and stri1e forgot, to sell out our honor so that you may have the sweets of public plunder. Come They swore that what had thus begun on I Come back and corrupt us once more, or give us our legal, lawful, and With sacrilegious cannon shot honest Tights. Should find in analogue of flame ,V. T. CLARK, all who the display of banners, called by the sound of fife and drum, called by served a period exceeding eight hundred days an additional amount of 1 cent the appeals to patriotism, to love of home, of country, and the flag; per day for each day's service exceeding that period. and how readily and nobly these men heeded the call of country is known to all. DEAR 8IR: Permit us to invfte your careful consideration of the accompany­ ing pension bills, prepared by this committee in accordance with the instruc­ The great volunteer army of the Union enlisted because they be­ tions of the National Encampment of the Grand Army of the Republic. lieved it a duty to their country and their flag, and to save from de-

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struction what they believed, and what we now all believe, to be the hail at Atlanta, by far our greatest general to fall during the progress greatest and best nation of the earth. of the war. In addition to these moving motives to enlistment, the further prom­ He was Major-General Thomas, rel.i...'\ble, immovable, unconquerable, ises, lately so ably set forth upon this floor by the gentleman from In­ who handled his battalions with a courage, safety, and prudence sec­ diana [Mr. CHEADLE], of land, of pensions, of care for dependent loved ond to no general in either army. ones left behind, were comforting and persuasive to these men who He was Fighting Joe Hooker, scaling Lookout and battling in the went out to battle. clouds, worthy of the fame and renown achieved by him in the great The time has come, and is now here, when this Government in good contest. faith should carry out every promise made its soldiers in the hour of its He was the resistless Phil. Sheridan, hurling his columns like an pe~ . avalanche against contending armies, forcing them from the field with The question has been httely asked upon this floor whether the Gov­ death, dishonor, and defeat. ernment has been true to all promises and declarations made its sol­ He was the eagle-eyed John A. Logan, of illinois, the gre..'\test vol­ diers. unteer general of the war, whose daring courage, bravery, and skill in I submit that this greatest army of modern times has never com­ handling the old Fifteenth and Seventeenth Corps are only equaled by plained that the promises of the Government have not been fulfilled; the matchless ability with which he afterward defended the interest of has ne>er murmured at the treatment accorded it by the Government the Union soldier in the American Congress. Take him all in all for whose \ery salvation it stood. comrades, we shall not look upon his like again. But let us for a moment consider. He was William Tecumseh Sherman, Grant's first lieutenant, the First, enlistments were for three months, and the agents of the Gov­ world's to-day greatest living general, who enriched his fame of a hun­ ernment declared that this would be ample time in which to put down dred battle-fields by adding fresh laurels to immortality by his march the Iebellion. to the sea. A holiday excursion to the land of the South. He was the plain, straightforward Ulysses S. Grant, member of the -· A breakfast spell. firm of Jesse Grant & Co., leather dealers, Galena, TIL, who,. when he Did this declaration, made part of the terms of these men's enlist­ beard of the firing upon Fort Sumter, laid down his pen, stepped in ment, pro>e true? front of his desk, and said: '' I was educated at the expense of my coun­ Days and months passed, and three years' men were enlisted, with try; I now intend to repay her." the declaration that the war could not last to exceed from six to twelve The world has kno'Yn but one Grant. months. One blast upon his bugle-horn Alas! how far from the truth was this prediction. . W ers worth a thousand men. Two more years, terrible years, years of agonizing war~ years of death But, Mr. Speaker, above all, and mora than all, he was t.he rank and and destruction, years in which the American nation was undergoing file, the non-commissoned officer and private soldier of the great Union a baptism of fire and blood, passed away, and at last the nation real­ Army, whose sole motive was love of country, whose only shibbo­ ized the magnitude of the great civil war. leth was the justice of his cause, who marched to grander victories than This contest, that was to have been finished. before breakfast, bad Austerlitz or Waterloo, and planted the starry old flag victoriously lingered, with dogged stubbornness, until late in the afternoon. upon the summit of a thousand hills, and died more gloriously than And again the Government appeals to these men to re-enlist for three the Spartan hand at the pass of Thermopylre. years longer, and, likewise, for many new men to join their ranks. He honored the flag, he perpetuated the Republic, he saved the coun­ And so after more than two years of service in the field, after the hor­ try. What does the nation owe him? More than this, he bnrst the rors of war were known to these men, after their comrades by the tens shackles from the black man of the South. Fathers and mothers of of thousands, stricken by disease in camp and hospital and laid low by that, unfortunate race had grown gra.y sowing that others might. reap, the leaden hail of many a hotly contested field, were filling graves in singing their simple songs, and offering up their homely prayers that all the Southern land, these men were again called upon to re-enlist; a deliverer might come. called to re-enlist after they had learned what a brave and determined God's work is never hurried; and yet in the fullness of time He put foe they must meet in the coming deadly conflict. it into the heart of his servant, Abraham Lincoln, to declare that the They had alieady learned at fearful cost the character of the enemy black man should go free. whom they fought. They must pursue their warfare against Amer­ These men, soldiers of the Union Army, made the em.anci pation proc­ icans, born and bred, with all the courage, pride, and determination of lamation a verity, and taking four millions of human beings from ab­ this nationality of great prowess. ject slavery placed them upon the broad table-land of freedom; and so Already on many a bloody field they had found the men of the South by virtue of the prowess of these soldiers this Government exists a free foemen worthy of their steel. Go-vernment, its flag floating over sixty millions of people, and not one Fighting~ too, as did the foe, in their own country, about their own slave. · homes, officered by such great captains as Lee and J aekson, Long­ What does the nation owe him? This nation owes as a mark of re­ street, Johnston, and a score of other great leaders, right well did the spect, as a token of its appreciation, as a slight recognition of the serv­ veteran Union soldiers know that scores of thousands more of their ices rendered, as an honor to fidelity and patriotism-owes, I repeat, to . , number must go down to death before these determined men of the every soldier of the great Union Army a pension. Owes it not as charity, _, South were conquered, should that event ever occur. Yet these men, but as simple justice; owes it as a gratitude, not as an alms. knowing what was yet before them, re-enforced by great armies of new And this nation owes it now. men, to whom the terrors of war had become household words, faltered A quarter of a century bas gone since the war closed, twenty-five not, wavered not, but again re-enlisted for three years. What does long, eventful, historical years in the history of this nation. the nation owe them? During all these years these soldiers have waited; they have not been They believed in this nation, ibey believed that this Republic, which clamorous; they have listened to the sweet incense of praise of a grate­ in God's providence had come out from the oppression of the British ful nation; their hearts have been touched by the people's recitals of Government, shot;tld not perish from the earth. For it and in defense their heroic deeds. of it and its flag, they were willing to risk their lives to the end. And Through all these years they have been confronted with the praises we may well inquire what character of men these were. I reply that of the nation and its promises for the future. as George William Curtis has said of the Minute .Man of the Revolution, They laid down their arms, a great army thrown upon the country so it may be affirmed of these: to seek employment. The service of war had in many respects disquali­ The Minute Man of the Revolution, who wa.s he? fied• them for the service of peace. There was fierce CQmpetition, and He was the husband and father who bred to love liberty, and to know that the soldier found himself ill equipped to contend with the civilian, lawful liberty is the sole guamnty of peace and progress, left his plow in the furrow, and hammer on the bench, and, kissing wife and children, marched to who had established himself and who had made such rapid strides die or to be free. towards wealth and success while the soldier battled at the front. He wns the plain, shy youth of the singing school and village choir, whose Two, three, four, five years the soldier contended for a place in the heart beat to arms for his country, who felt though he could not say with the old English Cavalier- ranks of the toilers and tradesmen of the land. " I could not love thee, dear, so much, And so, with his service in the Army and his gaining a foothold upon Loved I not honor more." his return, five and more frequently ten of the best years of life were He wa.s Captain Davis, or Acton, who reproved his men for jesting on the worse than lost so far as gaining a livelihood was concerned. march. He was Captain Miles, of Concord, who said that he went to battle as While he was singing of ''.Making a thoroughfare for freedom and he went to church. lie was Deacon Josiah Haynes, of Sudbury, eighty years old, who marched with his company to the old South Bridge at Concord, then her train" the great thoroughfare of civil life and employment had joined in the hot pursuit to Lexington, and fell as gloriously as Warren at Bun- been occupied by another army in whose rank3 he found it difficult to ker llill. · find a place. And, Mr. Speaker, grand as were the victories of that As truthfully we may add: war, grander and nobler still was the victory achieved by the soldiers He was General Lyon, at Wilson's Creek, surviving wounds in head of that Army in the quiet, patient, and law-abiding manner in wbicb and arm to be carried from the field a corpse by a third in the breast, they took their places in the walks of civil life. and thus fell as brave a soldier as ever drew a sword. During these twenty-five years while he has waited he bas witnessed He was the honorable, amiable, victorious General UcPherson, com­ great empires of the public domain given by the nation whose life he mander of the Army of the Tennessee, stricken down by the deadly saved to the great corporations of the land. He has witnessed untold

, ., • >• .. I . ' • 1 r · · 1890. CONGRESSIONAL REOORD-HOUSE. 4039

millions of money buried in the insatiable maw of the rivers and har­ in these days of depression, disquiet, unrest, and scarcity of money~ bors of the country, an

I \ .r' ., '......

4040 CONGRESSIONAL RECORD-HOUSE. APRIL 30, . ~

the dying: reverberation of every cannon shot, by every shout of its ences of opinion have arisen concerning proposed legislation on the victories and every groan of its defeats, by the cries of distress of the subject of pensions. · widows and orphans of the dead comrades of these men, by a flag Whilst other members of this House were assigned to committees triumphant, by a nation redeemed, by a country saved, b,t the love of which, even w'hen laborious, naturally led them to the consideration justice and in the name of humanity and the right let us honor and of agreeable subjects, every question coming before the Committee on care for the hero of that war, his widow and orphan, remembering Invalid Pensions has brought with it the mournful pathos of human his great sacrifice, the results achieved, the blessing to us and our chil­ suffering. Whilst other committees might linger with pride upon an dren and to the coming generations. Army or a Navy proudly floating the flag; of the Union; upon great I desire, :Ur. Speaker, to vote for a service pension; I have at all times buildings or immense ships to be reared in majesty upon earth or sea; during this session so insisted. I know it is what the soldiers desire. upon the improvement of the lovely rivers and matchless lakes of our There is no question of the ability of the Government, and the only peerles..q land; upon the great resources, the mines, grains, fruits, flocks, question is whether we are willing to appropriate the money in the and flowers that engage and animate the attention of 65,000,000 of busy Treasury for this, rather than for some other purpose. people, and upon almos.t countless questions concerning tbe active and If I can not do better I shall vote for the Morrill bill, but I reget very living, it is not so with the subjects coming before the Committee on much that the age can not be reduced to fifty years, and in no event Invalid Pensions. , should it be above fifty-five. . . Every private pension bill brings with it the sad outline of a real I think, moreover, that it should have a grade for a disability less sorrow. One bill brings a picture of a man one~ strong and active, the . than that required under the bill to entitle the soldier to $8 per month, foremost in the race or the leap, but nd'W hobbling far from the spot and also a grade for a greater disability that would allow the soldier a where his limbs have long since crumbled into dust; another brings its greater sum than $8 per month. picture of one who long ago listened in rapture to the sweet voice of It will, however, be of great benefit and relieve the wants of a great mother, the trembling ''yes" of the girl who had just given him the number of comrades, their widows ::md orphans, and hence I shall vote word w bich opened to him visions of home and love, the earliest broken for it. "papa" from his first-born's lips, but who now moves within a si­ I desire, however, :Mr. Speaker, to go on record now and here a.s de­ lence so awful that he has forgotten even the sound of his own voice; claring that I shall henceforward at all times do what I may be able another portrays one whose eye, once bright and speaking from the to, whether in public or private life, to place every honorably .discharged soul within, and filling hea.rt and mind and body with the beauties of Union soldier on the pension-roll. It ought to be done now. • nature and nature's God, but who now sits within a darkness which Mr. YODER. I now yield fifteen minutes to the gentleman from has stricken even the memory of beauty's face from his mind; still an· Indiana [Mr. MARTIN.] other brings the reality of how dreadful is the face of the man from Mr. PICKLER. I ask unanimous consent to extend my remarks in whom the light of reason has fled; and thus on and on the pictures the RECORD. come in mournful procession wherein the widow, the orphan, and the There was no objection. helpless parent; the poor-house, prison-pen, and abandoned home; the Mr. MARTIN, of Indiana. Mr. Speaker, beforeproceedingwithmy lame, the halt, the deaf, the blind, the sick, and the insane; the arm­ remarks I make a parliamentary inquiry. Will it be in order for me less, legless, shattered veteran of the war for the Union-all pa~s in sad at this time at any time to ofter an amendment substituting the Grand review before this Committee on Invalid Pensions. Army service-pension bill as an amendment to section 1 of the Morrill Then, too, comes the host of bills of a general character, more than_ bill we are now considering? two hundred and fifty already before that committee for consideration: The SPEAKER. The Chair can only say that at the present stage bills to pension the army nurses, to increase the pensions to the blind, it would not be possible. to the deaf, and to the maimed, and to grant every soldier a pension and Mr. MARTIN, of Indiana. Another inquiry, Mr. Speaker. I de­ thus end the necessity for much of the private legislation asked. Each sire to ask, since I can not offer the Grand Army bill, if it would be in of these bills, both public and private, is but an index of a real chap­ order to move as an amendment, as an additional section, a section w hicb ter in our nation's life. repeals the limitation of arrears? Above and around and beyond this array of human suffering stretches The SPEAKER. It would not be in order to offer an additional that grand panorama of the immediate cause of this suffering, the war section at the present time. for the Union, ended a quarter of a century ago. Think of that mighty .Mr. MARTIN, of Indiana. I then ask of the House, Mr. Speaker, host of two millions and more, boy and man, who bade adieu to family, unanimous consent that I may offer these amendments to the bill. home, and hope of wealth or health, and marched away to where danger Mr. KERR, of Iowa. I object. lurked in every glen and gr.:>ve; two millions and more, boy and man, Mr. YODER. Wait till he asks. Do not object until you know marching beneath thestarryflag, keepingstepto themusicoftbe Union what he is g:oing to say. that filled the heart and was echoed back from fife and horn and drum, Mr. MARTIN, of Indiana. I desire to inquire whence the objection as they pledged all that man holds dear of God's best and highest gifts came. upon the altar of our country. As the human mind, after twenty-five Mr. KERR, of Iowa. I make the objection. years of peace, looks back to the time when these hosts dared death and Mr. MARTIN, of Indiana. Very well. disease upon a thousand fields where brave foes or deadly miasma were Mr. Speaker, with my inexperience in this House, standing in the ever at hand, can we not here omit discussion of the record made by presence of so many Representatives of long experience and of acknowl­ the few who forgot duty in the presence of danger? edged skill in debate, and feeling a natural embarrassment, that feel­ ·what if one here and there, a scattered few, did not do credit to ing is rendered doubly great in view of the fact that, while I had looked himself and left the post of duty! Shall we remember and mention forward to this moment as the one wh~n the pron:tises to pass a real only these few who failed in the supreme moment, and forget the thou­ service-pension law could be met, placed on record, and voted upon, I sand to one who did duty bravely and well? regret that now, speaking with all due respect for the source whence Mr. Speaker, I believe that every man of those who shrunk from duty it comes, we find our hands tied bv the Committee on Rules. _ bas been punished in his own heart a thousand-fold for the wrong he I find that though I am a Representative upon this floor I am denied did. Let us turn charitably from these few who failed to the millions the privilege, in behalf of the people of the Eleventh Congressional who did not know how to fail, and did not. district of Indiana, of offering an amendment which in effect is the In the presence of such a theme, how can we meet here and use such Grand Army service-pension bill, and which all the voters and old an occasion as this to indulge in partisan rancor? If it has already soldiers of all parties in that district understood in 1888 would be been done, can we not cease? Can we not, as representatives of a re­ passed upon by this Congress. We find by this strange condition of stored Union, ceasecriminationsandrecriminationsgrowingoutofparty things here that no opportunity will be given for the purpose of re­ strife? pealing the limitation of arrears of pensions. When I contemplate the just needR of what is left of this grandest The question under consideration is of the utmost importance, not of the great armies of the world can I not look upon them and upon only to the whole United States but also to the good people constituting their representatives here without sinking into the trail of the party the splendid district which I have the honor, as best I can, to repre­ sleuth-bound to hunt up a slanderous word or sentence with which to sent in this Congress. anger my party opponents? How much good does it do the needy or­ It was indeed with a feeling of responsibility to my district and my phan, the helpless widow, the aged parent, the shattered old soldier, country that I took the solemn oath upon the floor of this Chamber, when my party opponent shouts at me, as bas been done at this session, that at once entitled me to the great privileges and imposed upon me the that this army of heroes marched out to whip a. Democratic rebellion? greater responsibilities of a member of the Honse of Representatives. None. :But I assure you, Mr. Speaker, that the full sense of my responsibil­ We saw, from 1861 to 1865, men who voted for Stephen A. Douglas ity came upon me with redoubled force when, on the 21st day of last and boys who could only cheer for him touch elbow by the hundred December, you announced my name as one, the last on the list, of the thousand with those who voted or shouted for Lincoln, and march away Committee on Inyalid Pensions. Coming to me without suggestion to danger, and there remain for months and years, and many forever. from myselforany Cine on my behalf, I assumed that responsibleplace There is no partisan strife among the graves that dot the nation's ceme­ with feelings such as never came to me before. It affords me very teries. The sons of Democratic mothers and fathers fell side by side great pleasure to bear testimony to the personal kindness and courtesy with the sons of parents who were proud to be Republicans. We saw shown me by my colleagues upon that committee, even when differ- those soldiers who returned to their homes fall into the usual path of

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1890. CONGRESSIONAL RECORD-HOUSE. 4041

political life, differing as they had differed before the war, and chang­ Let me say that this is the first Congress in which the Republican lDg from side to side as other citizens do, and I know that the "boys party have had the majority in both branches since March 4, 1883, and in blue,'' who are looking to this Congress fur promised legislation, are since that platform was adopted, and the President, with all of his listening for the ayes and noes of the roll-call more than they are to Cabinet, is of the same political persuasion. : partisan bluster. I desire now to ask the Republicans of this Honse, not alone as Re­ This is not the day when the minds of these soldier constituents of publicans, but as representatives of the people, do you intend to re­ ours can be blinded by partisan harangues. Mr. Speaker and gentle­ deem the pledge of 1884? men of this House, let us face our duty, let us recount our promises, The rules of this House, in force ever since early in February, 1890, and let us perform them like men. Eaeh Representative here knows are such that any bill favorably reported from the Committee on In­ better than any one but his own constituents what his promises were valid Pensions has a "right of way" for consideration, and can be in 1883. Are we going to perform them? How many Representatives called up, considered, and passed by a bare majority of a quornm; and here promised ~onstituents to vote for the repeal of the unjust limita­ no motion to suspend the rules and pass it by a two-thirds vote is neces­ tion of arrears of pesions? How many are ready now, at this Congress, sary. If only a quorum is present, which would be not over one hun­ to vote for that repeal? dred and sixty-six members, 84 votes would be sufficient to call up, Before proceeding further on this line, I desire here and now, in this consider, and pass a bill to repeal the limitation of arrears of pensions. public manner, to denounce unqualifiedly, but without malice, and Again I ·put this question: Does the Republican majority intend to pointedly, but kindly, every intimation that in casting my vote I am call upon the Committee on Invalid Pensions to report back to this House not in earnest. any of the numerous bills now before it for the repeal of the limita­ I intend to carry out to the uttermost, so far as lies i.ri my power, the tion of arrears? promises made by my party and myself in my district, in 1888, re­ In the Fiftieth Congress many bills were introduced to repeal that gardless of what outsiders it displeases. To show that my views in limitation, but no vote was reached. favor of a liberal service-pension law are not my mere personal no­ At the present session of this Congress, nineteen bills have been in· tion and to show that my actions and votes in that direction are in troduced in this House, and referred to the Committee on Invalid Pen­ accord with the public expressions of the Democratic party, I desire sions, for the rept-.al of the general limitation of arrears of pensions, the Clerk to read the following plank from the Democratic- State plat­ enacted in 1879, being the act referred to in the Republican national form in Indiana, in 1888. platform of 1884, part of which hasjnst been read by the Clerk. The Clerk read as follows: I have prepared a list showing each of these nineteen bills bynum­ The Democratic party is the faithful friend of the soldiers, their widows and ber and the member who introduced the same, which I will, with the orphans, and in appreciation of the heroic and unselfish service of the soldiers leave of the House, ask to have printed at this point as part of my re­ and sailors we declare in favor of liberal legislation in their behalf, including an enactment by Congress of a just and equitable service-pension law, as a rec­ marks: ognition of patriotism and a reward for honorable service rendered the Gov­ HOUSE BILLS FOR THE REPEAL OF LIMITATION OF ARREARS. . ., e-rnment. H. R. 2f.J7, by Mr. FITHIAN, of illinois. H. R. 230, by Mr. OWEN, of Indiana. Mr. MARTIN, of Indiana. 1tfr. Speaker, I well remember the loud H. R. 'lZT, by 1\fr. CHEADLE, of Indiana. shout of approval with which that platform was adopted by that great H. R. 248, by ~lr. JASON B. BROWN, of Indiana. H. R. 251, by Mr. MARTIN, of Indiana. convention, and I came to this Congress to help to make the promise of H. R. 252, by 1\Ir. CooPER, of Indiana. that platform good by voting for a liberal service-pension law. H. R. 274, by Mr. IIENDERSON, of Iowa. But that is not the only-high authority for the manner in which I H. R. 292, by Mr. CoNGER, of Iowa. ,. H. R. 312, by l'flr. LACEY, of Iowa. intend to cast my vote. I well remember the denunciations of Mr. H. R. 366, by Mr. PETERS, of Kansas. Cleveland, in 1888, as the enemy of all pension legislation. I did not be­ H. R. 481, by 1\lr. CuTCHEON, of Michigan. lieve he was, and I had proof of it. Mr. Cleveland's reasons for not H. R. 683, by Mr. BUTI'ERWORTH, of Ohio, H. R. 695, by 1\fy, GROSVENOR, of Ohio. liking special pension legislation for individuals were well shown in an H. R. 731, by 1\lr. JosEPH D. TAYLOR, of Ohio. article which I hold in my hand, and which I shall ask the Clerk to H. R. 801, by Mr. Houx:, of Tennessee. read in a moment. It was an interview between Mr. Cleveland and an H. R. 3332, by Mr. McCORMICK, of Pennsylvania. H. R. 3835, by Mr. STRUBLE, of Iowa. editorial correspondent of that great newspaper the Chicago Herald. I H. R. 4197, by Mr. McKINLEY, of Ohio. now send to the Clerk and ask him to read a copy of the Chicago Herald H. R. 4976, by Mr. BINGJLUI, of Pennsylvania. of the date of September 26, 1888, containing that interview, which It will be observed that some of these bills were introduced by men took place a few days previous. who have not only served in this House for many years, bntwho stand The extrad was read, as follows: high as leaders in their party and must be supposed to have had in I believe in a. codification of the pension laws and a complete readjustment mind the Republican national platform of 1884 when. they introduced of their inequalities. They absolutely need it, and if Congressmen would ad­ dress themselves to that they would do the soldiers far more good than in the these bills. I will mention the gentleman from Ohio [Mr. McKIN­ passage of private pension bills. These operate, as a general thing, unfairly LEY], the chairman of the Committee on Ways and Means, and who and unequally. That is to say, some person with Congressional in1luence suc­ is also a member of the Committee on Rnles, which has brought in ceeds in getting a pension, when there are many others in precisely the same case who fail because they have no such influence. Now, there should be a general this bill in ·such manner as to prevent proper debate and amendment; law under which all could come in, whether they had influence or not. also the gentleman from Ohio [Mr. BUTTERWORTH], who is a mem­ Mr. MARTIN, of Indiana. Mr. Speaker, I take pleasure in calling ber of the Committee on Appropriations and is chairman of the Com­ the atten~on of this Honse to Mr. Cleveland's language: "Now, there mittee on Patents; also the gentleman from Michigan [Mr. CUTCH· should be a general law under which all 'old soldiers ' could come in, EO~], chairman of the Committee c.n Military Affairs; also the gentle­ ' whether they had influence or not." man from Ohio [Mr. GROSVENOR]; also the gentleman from Iowa In making my canvass for Congress in 1888, I called the attention of [Mr. CoNGER], chairman of the Committee on Coinage, WeightB, and voters to the Democratic State and national platforms and to Mr. Cleve­ Measures and a member of the U>mmittee on Agriculture; also the land's interview to show that the Democratic party was not an enemy gentleman from Pennsylvania [Mr. BINGHAM], chairman of the Com­ of liberal pension legislation, and I now present them as evidence to mittee on the Post-Office and Post-Roads; also the gentleman from Kan· this House, if any were needed, that my vote and voice are consistently sas [Mr. PETERS], who is a member of that great body, the Committee cast in accord with the voice of the Eleventh Congressional district of on Appropriations; and also the gentleman from Iowa [Mr. HE:NDER­ Indiana. soN], who is one of the Committee on Appropriations. And now, Mr. Speaker, I desire to call attention, in no merely parti­ Now, Mr. Speaker, what is going to be done with these bills, not one san spirit, to the attitude of the Republican party upon the question of of which has ever been reported back to this House for-its action? pension legislation. I now send to the desk and ask the Clerk to read But let me turn from this subject to that of service pensions. a plank from the Republican national platform of 1884. In the Fiftieth Con2ress seventeen bills were introduced in the Honse The Clerk read as follows: for a service pension, of which only three fixed any age limitation. 15. The grateful thanks of the American people are due to the Union soldiers One of the bills was introduced by Ron. Alvin P. Hovey, then a Rep­ and sailors of the late war, and the Republican party stands pledged to suita­ resentative from Indiana, on January 4, 1888, and those of you who ble pensions to all who were disabled and for the widows and orphansofthose were members of the Fiftieth Con,~Zress remember him well. I hold a who died in the war. The Republican party also pledges itself to the repeal of the limitation contained in the arrears act or 1879, so that all invalid soldiers copy of that bill in my hand, and it provided a service pension of $8 shall share alike, and their pensions begin with the date of disability, and not per month, without any age limitation. with the date of application. In 1888, for the very purpose of making an appeal to the old soldiers Mr. MARTIN, of Indiana. This is to be found in McPherson's Man­ of Indiana to vote the Republican ticket, General Hovey was nomi­ ual of 1884. nated by the Republican State convention of Indiana for governor. He I desire it plainly understood that if an amendmentwere adopted so was nominated solely to appeal to the people of Indiana to vote for the as to give us a real service-pension bill, I would not endangerit by try­ Republican candidates for Congress, governor, and President, on the ing to add a section to repeal the limitation of arrears. I would let ground that their election would insure the passage of a general serv­ each stand on its own merits. "But, since the amendment to give us a ice-pension law, at least as liberal as the bill introduced by General real service-pension bill has been ruled out of order and since the bills Hovey into Congress which I have just referred to. With the promise ro repeal the limitation of arr~ars are dying in the hands of the Com­ of a general service-pension law and the repeal of the limitation of ar­ mittee on Invalid Pensions, I feel that an amendment to repeal that rears of pensiorut, Republican orators went up and down the land urg­ limitation ought to be attached to this bill. ing the election of the Republican candidates.

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4042 CONGRESSIONAL RECORD-HOUSE. APRIL 30,

General Hovey made speeches throughout Indiana, as also did many jority of the Committee on Invalid Pensions on March 25, and the favor· other Republican orators, promising voters that the election of a Re­ able report of that majority was filed in this Hou.se on March 31. publican Congress and President would be sure to secure the enact­ Against this bill, as not liberal enough, my colleague on the Commit­ ment of a general service-pension law. He made these speeches not tee on Invalid Pensions [Mr. YODERJ and I filed in this House ami· only as a candidate, but also with the approval of the Republican State nority report, protesting against any age limitation. and national committees and the Republican candidate for President, Tbis bill was evidently very hurriedly prepared to meet some sup­ who publicly stated that ''now is no time to weigh the just claims of posed emergency, for the old soldiers were clamoring all over the land the· old soldiers for pensions with an apothecary's scales." for the passage of a genuine service-pension law. I dQ believe it was On October 1, 1888", w ben the great political battle seemed to be going prepared in a burry and in great trepidation. Just look at the title of against Harrison and Hovey, the latter caused an autograph letter to the bill. .M:r. Clerk, please read the title of the bill we are now con­ be printed over his own signature, and tbisr with the approval and sidering, known as the '' Morrill bill.'' Please read it cle:uly and dis­ knowledge of the Republican managers and candidates, be caused to tinctly. Listen ! be mailed to almost every old soldier within the State of Indiana. I The CLERK. ''A bill granting a service pension to the soldiers and now hold in my hand a copy of this wonderful letter, which I semi to sailors of the Rebellion," etc. the Clerk and ask him to read. Mr. MARTIN, of Indiana. What soldiers and sailors? "The sol­ The Clerk read as follows: diers and sailors of the rebellion," and not of the Union .Army. Of HOUSE OF REPRESENTATIVES OF TilE UNITED STATES, cour;.e the author intended it to be tor the old soldiers of the Union Washington, D. C., October 1,1888. Army, but as he was drawing a bill that no body of soldiers had Sm: I send you to-day my speech of the 2d of August on pensions and sol­ diers' rights. Knowing you to be a comrade I trust you will give it your care­ asked for, a bill which was less liberal than the pension to soldiers in ful consideration. The only hope now of obtaining our rights is throng& the the Mexican war, a bill that is distasteful to the old soldiers, it was President and Representatives in Congress t-o be elect~d next November. The not to be wondered at that he got up a title which is in effect, if not Grand Army of the Republic at Columbus, Ohio, last mon~h more than in­ dorsed my $S pension bill, but we know that President Cleveland and a "solid in plain words, an appropriate title to an act to pension the soldiers in South" are now controlling the House of Representatives and preventing all the Confederate armv. legislation in favor of our comrades. The 1\Iills tatilf bill would leave no sur­ Mr. Speaker, to ~-irry out our duty to our constituents in districts . ! plus to pay our ju t dem&nds. U comrades will now stand shoulder to shoulder, before their numbers are too greatly diminished by death, we can command the where this mat-ter wa,.;; an issue in 1888, the first section of this bill next Congress to do us long-delayed justice. should be amended, as I have already indicated, to conform to the Yours truly, promises ma{}e in 1888. This was the promise made in 1888, and I ALVIN P. HOVEY. feel I a.m. doing only my dnty to urge fulfillment of this promise now, Mr. MARTIN, ~f Indiana. :Mr. Speaker, on the 7th day of February, here, and at once. 1890, the leader of the Republican party in this House [Ur. McKIN­ In saying what I have upon this subject, I hope no member of this LEY], as shown by pages 1061 to 1066 of the CONGRESSIONAL RECORD, House will understand me as making any personal reflection upon him, ag-ed the following language, which I will ask the Clerk; to read: either as to what be bas done or will do. I am sure my remarks are The Clerk read as follows: witbin the bounds of propriety, for a member ought to be considerate SERVIOE PENSION. and careful in all be says. I came here fully expecting to assist in the Mr. 1\fcKlNLEY. I present the appeal of Alv-in P. Hov-ey, president of the passage of a liberal service-pension law, without any age limit. Service Pension .ABsociation of the United States, and the resolutions of the Grand Army posts of forty States and four Territories, for the passage of a I ba ve referred to the pledges under which I was elected as a Democrat, service-pension bill, as recommended by the Grand Army of the .Republic at simply to show that I am authorized by the Democratic party of the Columbus, Ohio, September, 1888, and l\Iilwaukee, Wis., August, 1889. State of Indiana and of my district to do as I have done. These several posts represent more than 350,000 ex-soldiers, sailors, and ma­ rines of the United States. I ask that the appeal of the president of the Service­ I have referred to the pledges of the Republican party in courteous Pension Association, with the list of names of the posts that have passed said language and to simply show that I have a right to ask that party in resolutions, be printed in the CONGRESSIONAL RECORD. this House to reject the first section of the Morrill bill and to pass a The motion was agreed to; and the papers are as follows. real service-pension bill. Mr. MARTIN, of Indiana. Immediately followin_g this language, On last Thursday, when the question of whether this House should o1 the appeal and resolutions mentioned are printed in the RECORD, in­ make any appropriation to carry on the work of the Civil Service Com­ cluding the resolutions of the Annual Encampment of the Grand .Army mission was up, I noted tbeearnestnesswith whichsomegreatpartylead­ of the Republic at Columbus, Ohio, held in September, 1888, and I ask ers on the Republican side insisted that their party stood pledged in its the Clerk to now read those resolutions as part of my remarks. national platforms of 1884 and 1888 to carry out the great principle of The Clerk read as follows: civil-service reform. I remember that the gentleman from Maryland GRAND ARXY OF TilE REPUBLIC RESOLUTIONS. on that day read the civil-service reform planks of the Republican na­ At the twenty-second national encampment of the Grand Army of theRe­ public, at Columbll.!l, Ohio, September, 1888, the following resolutions were tional platforms of 1884 and 18 8, and urged his party associates to passed: Sk'l.nd by these declarations. I uow send to the Clerk and ask him to "1. &solved, That it is the sense of this encampment that the time has come read certain remarks made by the gentleman from Maryland [1\Ir. Mc­ when the soldiers and sailors of the war for the preservation of the Union should COMAS], one of the Republican leaders, that the same may be incor­ receive thesubsta.ntial and merited recognition of the Government by granting them service pensions in accordance with established usage; and further porated in my remarks. "2. Resol-red, That this encampment favors the presentation of a bill to Congress The Clerk read as follows: which will give to every soldier, sailor, and marine who served in the Army or :\Ir. McCoMAS. Our Democratic brethren belong t-o a party that can take both Navy of the United States between April, 1861, and .July, 18&5, for the period of sides of a question or give a pledge and absolutely break it. The Republican si.xty days or more1 a service pension of $8 per month, and to all who served a party has never been able to break its pledges without paying the penalty. period exceeding etght hundred days, an additional amount of one cent ~ per day This is a cowardly attempt to nullity the existing law. 'Vhy do I say it is cow­ !or each day's service exceeding that period." ardly? The Republican party are not ordinarily nulliflers. If we face something Mr. MARTIN, of Indiana. Mr. Speaker, the service-pension bill I as a party, we march forward, take our ground, and stand upon it. But this back­ door way of attacking the Civil Service Commission now established by law, by proposed to offer as an amendment to the first section of the bill we attempting to starve it out, is dishonorable..and unworthy of a great party that are now considering is the one called for in these Grand Army reso­ won a .e:lorious victory on a dozen pledges, in the front of which it put its sol­ lutions, which were reaffirmed at the Grand Army encampment at Mil­ emniy repeated pledge that it would stand by this reform when the Democratio party failed to stand by its pledge for civil-service reform. * * * waukee in 18S9. .1 now say, Mr. Chairman, that we, as the Republican party, on thnt distinct Mr. Speaker, whence bas come any demand for the passage of the and unequivocal pledge, the most distinct and explicit that. ever was made by bill now before us, limiting pensions to those who are sixty or sixty­ any party, would sLultify our party and humiliate ourselves if we dared to at­ two years of age? It is born of a real or supposed party necessity. tempt in any such manner to sneakingly evade the responsibility of the law. The tens of thousands of old soldiers who attended the Grand Army Mr. MARTIN, of Indiana. 1\Ir. Speaker, such was the language of of the Republic encampment in 1888 were there led to believe that the gentleman from Maryland, Mr. McCoMAS. the election of the Republican candidates for Congress and President I listened eagerly as the gentleman from Michigan, ~Ir. CUTCHEON, would result in the enactment of the promised service-pension l:.w. the gentleman from Ohio, Mr. BurrERWORTH, and the gentleman from There was not an old soldier in the land who voted for Harrison and Ohio, Mr. McK.rNI.EY, earnestly exhorted the performance of this plat­ Morton and Republican candidates for Congress but what believed that form pledge. It will be well, in order to get the full measure of ear­ he was voting for an Administration pledged to the passage of a general nestness of these distinguished gentlemen, to quote a few lines from one service-pension law without any age limitation, and many, if not most of their arguments on that occasion, which appear on page 3947 of the ofthem, believed, too, that the election of that administration would CONGRESSIOYAL RECORD. bring about the repeal of the limitation of arrears of pensions. I now ask the Clerk to read from the RECORD a part of the remarks I appeal to tbA Republican members of this Congress to state whether of the gentleman from Ohio [Mr. McKINLEY], to be published as part they were not elected on a pledge to enact a general service pension of my remarks: law. If you were, are you going to carry out your pledges? The Clerk read as follows: I have prepared a table showing the different bills for a servil'.e-pen­ Mr. McKINLEY. Mr. Chairman, in the single moment that I have I desire to say that I am opposed to the amendment of the gentleman from Tennessee, to sion introduced prior to March 17 into this House. There are nineteen strike from this bill the appropriation for the execution of the civil-service law. of these bills, and only three of them propose any age limitation. One of The law that stands upon our statute-books to-day was put there by Repub­ . these three fixes the age at fifty years, another at fifty-five years, and still lican votes. It was a Republican measure. Every national platform of the Re­ publican party since its enactment has declared not only in favor of its oontin­ another at sixty-two. On March 17 last the bill under consideration uance in full vigor, but in favor of its enlargement so as to apply more gener· was introduced into this House, and was acted on favorably by a rna- ally to the public service. And this, Mr. Chairman, is not alone the declamtion ,. .. .. 1890. CONGRESSIONAL RECORD-HOUSE. 4043

and purpose of the Republican party, but it is in accordance with its highest_and wants of the people; a tax not upon property, but actually, in effect, best sentiment; ay, more, it is sustained by the best sentiment of the wnole country, Republican and Democratic alike. And there is not a man on this upon the right to live. 'tloor who does not know that no party in this country, Democratic or Repub­ The people of this country are alive to this fact. They are study- • llcan, will have the courage to wipe it from the statute-book or amend it bllVe in ing this question. They are about concluding that taxes should be the direction of its improvement. laid less heavily upon the necessities of the great body of the people 1\Ir. MARTIN, of Indiana. Now, Mr. Speaker, I submit to this and more heavily upon the fortunes made by the wealthy by reason House that the pledge to carry out the principles of civil-service reform of this tax upon the food of ·.;;he hungry, the drink of the' thirsty, the was not made any more plainly in these Republican platforms than medicine of the sick, the clothing and shelter of men and women, and was the pointed pledge to repeal the limit.'l.tion of arrears of pensions. upon the tools and implements of the farmer and laborer. I also insist that these ci vii-service reform pledges are no more bind­ War taxes have been in part removed, but it was the wrong part. ing than are the pledges made upon the stump and by the newspapers The taxes collected on the protected manufacturers, from 1864 to 1868, and otherwise in 1888 to enact a service-pension law, without any age inclusive, amounted to $390,000,000, but that tax was removed twenty limitation, such as the one I have had read from the RECORD. I again years ago. The tax upon the incomes of the wealthy during the same repeat the question: Will this Congress enact a law to repeal the lim­ timewas$230,000,000 and on b~nks$14,000,000, but these were taken itation of arrears of pensions and a law granting a realoervice pension off long ago, while the taxes upon human necessities have been light­ to the old soldiers? Will it do either? I fear not. ened little, if any. Let us raise mor~ of the money necessary to pay Recurring to the age limitation of either sixty or sixty-two years, I the debts and expenses of this Government by laying reasonable taxes ask, why should it be theie? It seems to me it was unjust to the vet­ upon wealth and luxuries, and then we can ea.qily lighten the burdens of erans of former wars; but then they received land-warrants for 160 acres, taxation that are now grinding the farmers, laborers, and true business while the veterans of the war for the Union did not. men of our land. If that were done, we could then pay all the debts Although that war bas been over for twenty-five years, yet it is true and expenses of our la.nd. W c could pay the veterans their arrears of that the majority of those veterans to-day, a very large majority, are pensions and grant every one of them a pension a~ a token of recogni­ less than fifty-two years of age, and most of them will probably never tion of his bravery. If these taxes on wealth had been continued in live to see sixty-two years. place of repealing them, there would be no arrears of pensions now to I think I can see the veteran who risked his all for the Union, and pay; every soldier and sailor in the late war could easily have been pen­ who is now fifty years of age, during tho rest of his battle of life! sioned and almost the whole of the national debt paid off; and we could With the elasticity of his youth gone, with the frost of age already have long ago reduced the taxes on the necessaries of life. thick upon his brow, with eyesight already cUmming, that the splendor Mr. Speaker, this House ha.s passed a bill providing for seventeen of eternity may not dazzle when the end brings to him the beginning, additional Federal judges and courts, at an increased cost to the Gov­ with the love of home and family made more sacred by the vacant ernment of $150,000 at least annually; a bill to construct, in a time of chair, with his love of country made grandly, nobly proud by the mem­ profound peace, new battle-ships at a cost of $17,000,000 to the people; ory of what he dared to do, with his little means rendered thus sniall a bill to open a Zoological Garden in this city at a cost of$~0,000; a bill by the strength of years he took from self and gave to country, and to 'Create an Assistant Secretary of War at an annual salary of $3,500; with his burning recollection of praises sung and promises made to him a bill to expend $1,500,000, in addition to the salaries of more than for a quarter of a century, with what a thud of disappointment will one hundred officers, to hold a World's Fair after the anniversary of the fall upon his startled mind the realization that by this bill he is in­ discovery of America has passed; a bill making appropriations of$24,- formed by the United States Congress and President that the full 000,000 for the support of the Army; a bill appropriating $22,000,000 measure of his country's appreciation of his patriotism can not be shown for the Navy; a bill appropriating$21,000,000 to pay the salaries of offi­ to him unless he lives to be sixty years of age. And he knows, too, dals other than those serving in the Army, Navy, and post-offices; and ifhe at last by God's goodness reaches that age, t}lat his country has still other bills appropriating money to pay increased salaries and sala­ been ·counting what it owes him according to the tables of mortality ries of new officers created by law. oflife-insurance companies. .. There are bills now pending on the Calendar, reported favorably from He may feel, too, thatunderthosetables, applied toprinciplesofeco­ different committees, and which seem sure to pass, involving the ex­ nom:ical government, many people may be hoping that the old veteran penditure of many millions of dollars of public money, the money of will be patriotic enough not to live very long after he has reached that the people, and many of which could afford to wait until debts owing a a-e. from this Government have been paid. c And then, as he trudges along the road to the sixtieth milestone, it The great farm and labor interests of this country are struggling in will not be unnatural for him to muse a little on this Government's deht and paying unnecessary taxes on the bare necessaries of life, and notions of economy in other directians. He will think of the hundreds calling for relief long needed and promised, and the answer of Con­ of public buildings erected, at a cost of many millions of dollars, from gress is increased expenditures of public money, the creation of new Spokane Falls, on the Pacific slope, to Houlton, on the coast of the offices, increases of salaries, and higgling and humming and hawing stormy Atlantic. He will surely think, too. of the millions upon mill­ over any bill which provides for more money and for the relief of strug­ ions expended upon rivers and harbors, on parks and fairs and increased gling millions. salaries. As he considers these figures, he may grow to feel that he While the great labor and business interests of the people are groan­ would be worth morenowifhewere but young enough to bea ''brick'' ing under taxation which is making millionaires of a few at the expense and have himself built into one of these costly buildings. of labor and business, the time of this Congress has been largely con­ 1\Ir. Speaker, already nearly three thousand bills have been intro­ sumed in putting out members who would have voted for lower taxes, duced into this House and referred to the Committee on Invalid Pen­ and putting in men who are voting for higher taxes and increased ex­ sions, asking private pensions, a majority of which are for old soldiers, penditures and against the service-pension bill demanded by the vet­ while the rest are for the parents, widows, or orphans of those who erans. have passed from the hope of earthly help to the bounteous plenty While the old soldiers of the land yet living, and the widows, or­ of the great beyond. It seems to me that this system of private legis­ phans, and dependent parents of those dead have been knocking at the lation for the comparatively few i~ bound to grow from year to year, doors of this Congress for the payment of their just dues, this Congress until the excuse and need is removed by the enactment of a general spent weeks in constructing rules which have been used to cut off amend­ pension law under which, in ex-President Cleveland's language, "all ments that would place us squarely upon the record as for or against can come in.'' We know that there are thousands of persons not now the fulfillment of promises made thousands of times to our constituents. drawing any pension who are just as much entitled thereto as many who Even now a bill is pending, constructed upon the idea of restricting are already enjoying that valuable right. imports, cutting off trade with foreign nations, locking in the produce When you come to the question of cost, let me say that the hundreds of Americ..'ln farmers, increasing the prices of the workingman's dinner­ of millions of dollars of taxes now paid into the United States Treasury pail, the sewing-woman's needle, the ditcher's spade, the miner's pick, are paid in most part by the poor people of this land, amongst whom the farmer's plow, the poor man's home, the children's bread, the are a majority of the old soldiers, the people who are not rich, and that medicine of the sick, and the clothing of the people, all this sugared the very rich escape their just share of taxation. So far as the taxes with the proposed repeal of the tax on the lower grades of sugar, and raised by means of the tariff are concerned, that is a tax upon the wants, the promiseofa bounty to thefewwho mayengage in the manufacture the necessities of the people, and not upon property. 1\fen and women of sugar, another system of favoring the few at the expense of the many. must eat, and yet when they do eat to simply live, a large part of the 1\Ir. Speaker, we ought to redeem the pledges made to our constitu­ cost of this food consists of a tariff tax that goes into the United States ents, and reduoo taxation on the necessaries of life and place it upon Treasury, or more often into the pockets of favored individuals and wealth and luxury, on the principle of "Equal rights for all, special corporations. privileges for none." When people become sick, medicine must be had to conquer disease, Ur. Speaker, it is possible, time will tell, that an attempt is about and a large part of the cost of the medicine goes like the tax on their to be made to divert attention from the questions of the rights of the food. We must have clothing and fuel to keep us warm; we must try old soldiers, the rights of the farmers, the rights of the day laborers, the to have houses to shelter us; we must have books and newspapers to rights ofthetrue ~iness-men ofonrgreatcountry, by making areal or insh·uct us; and yet upon each of these wants a tax is laid that goes pretended assault upon civil-service reform, and by making a genuine, in part to our Government, but still more into the pockets of the fa­ an earnest, an intensely partisan attempt to put the charge of our Con­ vored few. Soitgoeswiththistaxupontheactual, absolute= and natural gressional elections into the hands of the present Administration.

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4044 CONGRESSIONAL RECORD-HOUSE. APRIL 30,

The basis of this attempt to take charge of the Congressional elec­ out the great West and Northwest, to cause them to forget broken tions will be "Southern outrages," so called, and the old soldiers, promises and again rally around those who both made and broke these farmers, business men, and day laborers may now look with certainty promises. What a profanation was this of the anniversary of the birth for an attempt, during the coming campaign, to draw their attention of Grant, the hero of Appomattox ! away from pensions, tariffreform, trusts, monopolies, and the depressed It will be noticed that although an oration was made in memory of 1 condition of business and labor, by the inauguration of a campaign in General Grant, an address delivered on '• TheNew South, ' and speeches which the principal things to be discussed will be alleged outrages, made about " Our Guests Absent," "Our Guests Present," and upon assassinations, ballot-box-stuffing, the "rebel yell," and all the accom­ the "Beauties of Protection," not one of the choice thoughts uttered panying paraphernalia necessary to array section against section, to by these orators was telegraphed abroad. No, all these other things create a • • solid North '' against a ''solid South.'' sunk into littleness in the minds of the managers. There, in the pres· Such are the indications at the present moment. Last Saturday ence and with the sanction of Senator QuAY, the chairman of the Re· evening, April2-6, 1890, while the Sergeant-at-Arms of this House and publican national committee, and of the President's Private Secretary, his numerous deputies were roaming the streets and invading boarding Mr. Halford, the Speaker of this House formulated the new programme houses to bring here tired members t.a complete a quorum and force which was to be used to drown remembrance of the promises to be the passage of a bill appropriating $21,000,000 of the people's money to broken in this Congress by the passage of the pension bill we are now pay salaries, many of them increa.sed salaries, a large number of the considering, or the dependent pension bill passed by the Senate and members of this House, headed by our Speaker, were beyond the .i uris­ now in this Honse. Yes, to drown the cries of a people overburdened diction of this House, away out of the reach of our Sergeant-at-Arms. with taxes upon the necessaries of life, upon many of which the taxes They were in attendance upon a great banquet spread by a high-toned are to be raised still higher. club in the distant cit-y of Pittsburgh, Pa. Well, it is true that one, only one, other speech made at that ban· Whilst we here were herded in this Hall by officers until nearly mid­ quet was telegraphed abroad. It was a speech by one of the national night, to pick up a quorum from among the mem'bers who were not in executive committee of the Republican party, the FirstA..ssistant Post. Pittsburgh, the Speaker of this House, with his numerous Congressional master-General of the United States, the gentleman who bas charge ot retinue, was inaugurating the new scheme with which to distract the the beheading of postmasters under this Administration. It is not to public mind from such questions as the one this House is now consid­ be wondered at that, fresh from his work of beheading postmasters ering. simply on partisan grounds, he made an assault in that speech upon The occasion was the Americus Club's annual dinner commemorating civil-service reform. I of course make no personal attack upon this the birthday of that great hero, General Grant, he who once so im­ officer, General James S. Clarkson. Such tbinga ought not to be done. pressively said "Let us have peace." It was the same Grant who, But it seemed almost like the presence, at that banquet, of the ghost when President, finally withdrew the military arm of his administra­ of broken promises to the Union soldiers when General Clarkson added t.ion from the support of the corrupt regime styled '' carpet-bag govern­ his presence and voice, as he bewailed the need of more newspapers to ments," which were robbing and plundering the tax-payers of many herald abroad the new scheme which the Speaker had just unfolded. States, and which, when President Grant withdrew his support, fell and Why-do I speak of broken promises to the Union soldiers? I will choked in their own filth, leaving a debt-burdened people whose only tell yon why. How well do we remember the campaign of 1888, then joy was that, though the debt was almost overwhelming, it could when orators like the speakers at this banquet roamed the country, grow no greater, since the system that had plundered white and black not only promising reliefto the farmers, better,times to the debt-laden alike had fallen, never more to rise. , millions, better wages to the struggling laborers, and pensions to the This was the occasion when birth was given to the new scheme for soldiers, sailors, widows, and orphans, but also promised that when it distracting the attention of tax-payer and soldier, laborer and soldier's cam~ to appointments to office the old soldiers should be preferred. orphan, farmer and soldier's widow, business man and the dead soldier's How bas that promise been kept? Let me tell yon how it bas been dependent parent.s, from the questions of pensions and tariff. kept in the Eleventh Congressional district of Indiana, which contains I take the liberty to here insert a short description of that banquet, eight splendid counties, within which live hundreds of old soldiers who as it was telegraphed abroad by the Associated Press to the newspapers voted for Harrison and Mort.on, believing these promises. of the land. Here it is: In these eight counties are more than that number of lovely, enter­ PITTSBURGH, PA., April26. prising, and growing towns and cities, with populations running up to The Americus Club's annual dinner at the Seventh Avenue Hotel to-night. 10,000 or more industrious people. commemoratina- tbe birthday of General Grant, was an event of more than or­ dinary interest. After an informal reception lasting one hour, dinner was served In one of the principal towns, where the salary of the postmaster is promptly at 7 o'clock. Among the guests of national renown were Speaker $1,600, there were threeapplicar.ts who were old soldiers, but they were REED, SenatorM.S.QUAY,Hon.James S. Clarkson, Hon. E. S. OSBORNE, Hon. all refused by the Administration, and a postmaster appointed who was JoHN DALZELL, Hon. THOMASM. BAYNE, Col. Richard Murphy, E. W. Halford, Gov. A. L. Thomas, of Utah; Governor Beaver, Pennsylvania; Lieutenant-Gov­ not a soldier and is able-bodied and had a business which made him a ernor Davis, Pennsylvania: Adjutant-General J?. H. Hastings, Sevator G. W. first-class living. Delamater,Hon.L. E. McCoMAS,of Maryland, Hon.Robert E. Taylor, of New I need not go into detail further than to say that in the seven best York, and many others. The dining-ball was a. place of beauty. The walls, ceilings, and pillars were appointments of postmasters at county-seatB in that district, with sal­ .. hidden with the national colors, in graceful folds, while festoons, canopies, aries running from $1,400 to $1,900 per annum, with all the added im­ ' arches, and wreaths of lowland pine, intertwined with flowers, and small silk portance that additional allowances for clerk-hire can give, for which flags, occupied everr. available space. An elegant portrait of General Grant faced the entrance to the dining-hall. appointments applications were made by good men, well recommended, The tables were arranged in a parallelogram. Covers were laid for 310 per­ Republicans in politics, and who had given yearsoftheirbestmanhood sons, The tables were gorgeous with their furnishment and decoration. '£he in defense of our country, the old soldiers were all refused and men menu card was a special design for Lhe occasion and is o. work of art. The cover contains an admirable steel engraved portrait of General Grant. who were not in the Army were appointed. Strange to say, too, that The dinner was served in eight courses, with several kinds of wine int-er­ in one of these cases one of the soldier applicants was a member of Gen.. mingled. eral Harrison's own regiment. The toast list was necessarily short because of its being Saturday night. H. S. Paul, president of the club, was toastmaster. In the filling of a dozen or more others of the best fourth-class post­ Col. J. M. Schoonmaker responded to "Our Guests Absent." offices in that district, where old soldiers had applied for appointment, Hon. JoHN DALZELL extended a general welcome to" Our Guests Present." they were refused by General Clarkson and civilians appointed to the Hoo. Louis E. McCoMAS responded to "The New South. •• • • Ron. James S. Clarkson spoke on "The Republican Press." · coveted places. In a number of these appointments, both of the high· Hon. THOMAS M. BAY:NE member of the House of Representatives from this salaried and the fourth-class offices, soldiers were removed and civil­ county, answered to "Wa:rs and Means" in glowing terms of that policy, ians appointed over the heads of soldier applicant.s. which, he said, inspires labor with hope and crowns it with dignity, which gives safety to capital and protects its increase, which secures political power One of the cases was parti<;ularly noticeable. The postm~ter was to every citizen, culture and comfort to every home. an old soldier who had served more than three years in the Union • Governor James A. Beaver responded to "Grant." Army and was appointed during the last Administration. Competent, The address of Hon. THOMAS B. REED, responding to" The Republican Party," was received with special enthusiasm. He spoke as folJows: poor, without a pension, he, through his Representative, besought the "Your toast strikes the only possible note of continued victory for the Repub­ present First Assistant Postmaster-General, Ron. J. S. Clarkson, to be lican party. Continued -victory we must have. Not as partisans, but as pa­ allowed to retain the office, but the only reply to this petition was the triots." falling of the .official ax, and the old soldier's head rolled off into And thereupon the distinguished Speaker proceeded to recount the Clarkson's basket, while the latter appointed a civilian. necessity of Federal interference in Congressional elections, on account No wonder, Mr. Speaker, that an attempt is to be made to hide these of outrages in the South. I will quote a little right here. Speaker broken promises under the smoke and fury of a campaign to be based REED said: upon a demand that the election of Representatives to the American ''The South has passed through many st&!;es. The ku klux first deployed Congress shall be put under control of the Administration which bas its midnight terrors to intimidate voters. Then came the midnight shootings broken its pledges in almost everything that concerns the veterans of and harryings. Then the bulldozing and the driving of the negro politicians the late war. No wonder that the just indignation of the old soldiers ~~!~ea~o::.s~~J~h:a[ek~~:i'z?!!h!:ig~t~ !tf~~:h~t~:r~d~~s h;:~~~s;~ who believed these promises has broken out in condemnation of those stuffing and cheating in the count have taken their places." who have misled them and I believe they can not be deceived or :flat­ Here was born, amid portentous words, the new scheme upon which tered into trusting again. again to appeal to prejudice; again to go to the "boys in blue" and This mutter must be settled by these old soldiers for themselves. I their relatives; to the farmer, business man, and day-laborer through- ask the question seriously, earnestly, of the old soldiers who believed 0

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1890. CONGRESSIONAL RECORD-~ HOUSE. 4047

But, following the id~ of a service pension, Mr. Speaker, it would When it was sought to increase the perisions of widows from $8 to $12 amount to the savin!! of millions of dollars to the country. Suppose, a month, where was the Democratic party? The majority of them for inStance, that you-compromised with all the veterans for $1,000 eac~, voted against it When it was sought in the last and preceding Con­ and-that there wereonemillion of men entitled tothat amount. TblS gresses to pass a pension law-- would call for one thousand million dollars, and then your pensions .M:r. SPINOLA. Where was Moses when the light went out? would cease. The present pension law will ex:ceed that sum in less Mr. SAWYER. Do not interrupt me; do not try it; you are too than ten years and the burden will still remain upon the people. We old and I am too young. [Laughter.] are paying $100,000,000 a year now, and it is going to increase. But When it was attempted to pass a bill changing the law in favor of by compromising, by paying a round sum down, you help the indi­ the dependent parents and to pass a dependent disability bill, the ma­ vidual, you give him that which will be of service to him, which will jority of the Democratic party voted against it; and every pension bill benefit him as long as he lives, and you will be just as well as gener­ that has been passed relating to the soldiers of the civil war would have •,. nns, you will be liberal on the part of the Government, and at the same failed had it not been for the unanimqus support given to those bills time you would save a large expenditure to the people of the country. by the Republican members of Congress. The people will not object to the payment of proper pensions. Now, the gentleman from Indiana [Mr. l!IARTIN] talked about the 'l"'be people are willing to st.<~.nd by the men who saved the country. arrears bilL It had nothing to do with this bill whatever; and be Why, by extending your interna.l·revenue law a liLtle that sum could turned to us and said: "How many of you will stand up and vote to be readily raised so as to meet all of this expenditure by the tax on repeal the limitation of arrears of pension? " How many Democrats tobacco and whisky, which was a war tax. The pension-roll is a will stand up and vote for it? part of the war expenditures of the Government. It is entirely proper Mr. SPINOLA. Fifty of them. that that t-ax should meet that expenditure. A man's drink or his Mr. SAWYER. Not :five of them will stand up and vote for it. cigar or chew of tobacco would cost him no more than it does now. :Mr. SPINOLA. Offer an amendment to this bill and see how many It is no fault of ours that the liability is on us, but it is here and we will vote for it.. have to meet it. Now, take your internal-revenue tax, which amounts Mr. SAWYER. In my judgment, aside from the gentleman from In­ to ahout one hundred and thirty million dollars a year and cnn be in­ diana [Mr. M.A.RTIN] there is not a single man that I have ever heard creased to two hundred millions a year, if you please, on whisky and talk about repealing the limit of arrearages that I believed really at tobacco, and it is a tax so light that nobody feels it, and wit~ it you heart favored it, and at times I have doubted his sincerity. [Laughter.] could meet every demand of the country and pay off the veterans who. Mr. HENDERSON, of Iowa. A little too hard on Tammany. served three years or two years or one year the amounts I have al­ Mr. WILLIAMS, of Illinois. Are you in favor of it? ready sug~ested. I say that is what the people are looking for and Mr. SAWYER. On the arrearages? I think the Government can they are willing to submit to it. not take from its Treasury and pay four hundred millions so long as But you gentlemen are sitting over there and offering a half-way there are hundreds of thollSlinds of widows, and thousands of soldiers' measure because you dare not come up and meet that issue, although orphans, and hundreds of thousands of soldiers suffering for want of the there are :fifty men on this side of the House who will support you in necessaries of life. When every soldier has bad justice done to him, it. [Laughter on the Republican side.] Do not shake your heads, when aU the widows and orphans are cared for, then if you want tore­ gentlemen; if you will allow me to offer such an amendment I will peal tpe arrearages act we will consider that question. I "ill say to guaranty fifty •otes on this side of tht:1 House for it. You laugh, but the gentleman from New York, you will :find the Republicans on this I dare you to the test; and the veterans will make you face it next fall, side will be more liberal than the Democratic members of this House. when I rather think you will laugh on the other side of your mouth. [Applause on the Republican side.] Mr. LANSING. Why did not you do it last year? Now, the gentleman from Ohio [Mr. YoDER] is at heart in favor of Mr. SPINOLA. Wby did not we do it last year? That is no ques­ the per diem pension bill. I 'believe that his constituents are in favor tion [laughter]; any school boy might ask that. of it; but at the same time he concedes the merit of the Morrill bill; The SPEAKER. ·The gentleman's time has expired. and that is the bill we have under consideration. Mr. SPINOLA. Well, I would like to have had a chance to say a Now, what is the situation of our country-to-day? The soldiers are few words more about this. [Laughter.] , demanding several things. First, they want some kind of service­ Mr. SPRINGER. How much time is left? pension bill; then we have been appe:tled to by scores of thousands -~ The SPEAKER. Five minutes remain to gentlemen in opposition who say they want some kind of disability bill; and then the Com­ to the bill and forty minutes remain to the other side. mittee on Invalid Pensions are constantly appealed to to make some Mr. SPRINGER. I desire to reserve the :five minutes; and I would provision for those grand women whose husbands died from the result inquire of the gentleman from Kansas if be desires -forty minutes in of their services. which to close debate. Now, what do we propose to do by the Morrill bill? We propose .. Mr. MORRILL. I believe I ha;e the right to close. to give every man who served at least three months in the Army and . ' Mr. SPRINGER. We have only :five minutes remaining on this side. has arrived at the age of sixty-two years a pension . Do you want any one to occupy a part of the forty minutes now? Several MEl\IDERS. Sixty years. Mr. MORRILL. Very well; Iwillyieldthirtyminutes, Mr. Speaker, Mr. SAWYER. I am speaking of the bill. . l to my colleague on the committee [Mr. SAWYER]. Mr. BIGGS. Why do you make a. discrimination? Mr. SAWYER. Mr. Speaker, I have listened with all the care that :Mr. SAWYER. I am talking about the bill. Now, one word in re.. I possibly could to the debate on this question, and have been very gard to that. The :first service·pension bill that was passed was that much surprised at the course of argument pursued by gentlemen op­ which was passed in 1832, which plaeed upon the pension-rolls soldiers posed to this bill. I have not beard from those opposed to the bill of the Revolutionary war. That was $8 a month. The next service­ who have spoken upon that side one word in opposition to it or to any pension bill passed was in 1871, when we placed upon the pension-roll of its features. The gentleman from New York [!!Ir. SPINOLA] who the soldiers of the war with England at the rate of $8 a month. bas just taken his seat has talked very eloquently as to what gentlemen 1\fr. BIGGS. Will the gentlema.n allow one question? upon that side of theHouse are willing to do. Mr. SAWYER. . Go on. Mr. SPINOLA. What is the matt-er? 1\Ir. BIGGS. Why discriminate between the soldiers? Why not let Mr. SAWYER. I say that the gentleman from New York has talked every Union soldier have a pension'? Why put the limit at sixty years very eloquently about what gentlemen on that.side of the HoUEe are of age? Let them an come in alike. . willing to do. Mr. SAWYER. Simply because the Treasury, in our judgment, will 1\fr. SPINOLA. Will you come and meet us half way? not justify that course, in view of the fact that others who are equally Mr. SAWYER. But I say this: There has never been any general deserving and in greater need are not yet provided for. pension law passed since I have been a member of this Honse that ha.S Then, Mr. Speaker, came the Mexican soldier pension bill. We not been opposed by a majority of the Democratic members of this granted in 1887 a pension of $8 a month to the so~diers of the Mexican House. war-- 1lr. PERKINS. Except the 1\Iexican pension bill. J\Ir. YODER. And they got their pay in money, not in rags. Mr. SAWYER. I mean in favor of the soldiers who put down the Mr. MORRILL. I hope, Mr. Speaker, that is not to come out of my rebellion. When the bill was introduced for the purpose of pension­ time. ing men who fought in the Mexican war, but who afterwards attempted Mr. SAWYER. Now, the Morrill bill has been explained to the to destroy this Government, and it was sought to place them upon the House, and not a single gentleman upon the other side of this Chamber ; pension-roll, then every Democrat, with one exception, voted for it; bas made a speech against the bill itself or againsTi any one of its feat­ and the very :first man to be placed upon the pension-roll by this Gov­ ure& They have all dealt in purely political oratory, telling what ernment under that law was a man who attempted to destroy the Gov­ they will do, although they have never done it, and daring us when ernment and pull down the American flag. [Applause on the Repub­ we are trying to do what they never had the courage to do [laughter lican side.] and applause on the Republican side], and which a majority of them Why, if the gentleman is so anxious and he has so much confidence will to-day vote against. Why, gentlemen, the majority of you on in the views of his party in favor of pension legislation, why was it that side of the House, when the proposition is to place the names of that in the last four years there was not a single, solita:ry pension bill the old soldiers who have reached the age of sixty-two years on the that received a majorHy of the votes upon that side of the House? pension-roll, to place the name of every disabled soldier on the pension- ,- ·;~/~ ~ 'I 4048 CONGRESSIONAL RECORD-HOUSE. APRIL 30,

roll, to place the names of the widows of the soldiers of sixty-two years 9.uestion of slavery, the Democratic party in tl1e convention that nom­ of age, and the wido · v~; of oilier soldiers under that age who depend mated Mr. Douglas for President and also in the convention which upon their labor for support-when the proposition is to place the nominated Mr. Breckinridge, reaffirmed the same resolution as a part names of these upon the pension-roll, a majority of you, when your of its political faith. names are called, will say "No." The only pension bill that has Now, what was thi.s Kentucky resolution of 1798? It is as follows: passed this House since I have been here, that has received a majority Resolved, That the several States composing the United Stales of Americn. are of the Democratic votes in the House, was a bill which included among not united on the principle of unlimited submission to their General Govern­ me?t; but that, by compact -under the style and title of a Constitution of the its beneficiaries men who had attempted to destroy the Government Umted States and of amendments thereto, they constituted a General Govern­ and disgrace our flag. [Applause on the Republican side.] men tfor special purposes, delegated to that Government ce1lain definite powers The gentleman from New York [1\lr. SPINOLA] has talked very en­ reserYing each State to itself the residuary mass of right to their own self·gov: ernment; and that whensoever the General Governmeh t assumes undeleo-ated thusiastically about what the Democratic side of the House are willing powers, its acts are unauthori ta.ti ve, void, and of no force; that to this co~pact ~o do. I wish to call his attention to a few facts in relation to the his­ each ~tate acceded as a State as an integral party; that this Government c1·eated tory of the Democratic party in our own State. Does not the gentle­ by thiS compact, was not made the exclusive or final judge of the exte~t of the man remember that on the 31st of January, 1861, a Democratic State powers delegated to itself; since that would have made its discretion nnd not the Constitution, the measure of its powers; but that as in all othe~ cases of convention was held at Tweddle Hall, Albany, to consider the situation compactamongpa.rties having no common judge, each party has an equal right of the country? It was the most remarkable political convention ever to judge for itself, as well of infractions as of the mode and measure of redress. held in our State. Not less than thirty of its members bad been Now, this resolution was thrice adopted by the Democratic party, to chosen to seats in Congress and three ot them bad been Democratic be ~strued a<:cording to its obvious manner and import. Under the candidates for governor. In that convention Governor Seymour used do&\ 1e of this resolution South Carolina in her convention passing the the following langun.ge : · ordina:ace of secession decided that the election of Mr. Lincoln and the We are advised by the conservative Sts.tes of Virginia. and Kentucky that, if causes which led to it was an infraction of the ''compact," and that force is to be used, it must be exerted against the uniled South. It would bean they had the right to judge of infractions by the General Government net of folly and madness, in entering upon this contest, to underestimate our opponents~ and thus subject ourselves to the disgrace of defeat in an inglorious oftbe compact which bound it together. Is not this so? Is it not the warfare. Let us also see if successful coercion by the North is less revolution­ obvious meaning and import of the resolution that each party to the ary than successful secession by the South. Shall we prevent revolution by compact had a right to judge for itself? And under this had not South being foremost in overthrowing the principles of onr Government and all that makes it valuable to our.people and distinguishes it among the nations of the Carolina. the right t.o judge that this compact was broken? And going earth? one step further, having tl;le right to judge for itself of the mode, man­ :M:r. James S. Thayer in his address said: ner, and measure of redreSs, had she not the right to say that the man­ We ca.n at least by discussion enlighten, settle, and concentrate the publiceen­ ner and measure of her redress for what shejudged to be an infraction timent in the St.a.te of New York upon this question, and save it from the fear­ of the compact was secession? And for eight yean the Dem,ocratic ful current, that circuitously buL certainly sweeps madly on through the nar­ party, in three national conventions, had adopted this doctrine as a part row gorge of "the enforcement of the laws," to the shoreless ocean oi the civil war. Against this, under all circumstances, in every place and form, we must of its political faith. now and at all time oppose a resolute and unfaltering resistance. '.rhe public And did not South Carolina have the right to believe that the Dem­ mind will bear the avowal, and let us make it, that if a reTolution of force is to ocratic party would ack~owledge her right to decide whether the begin it shall be inaugurat~d at home. .And if the incoming Administration shall attempt to carry out the line of policy that has been foreshadowed, we an­ compact was broken and what should be her redress for that viola­ nounce that, when the hand of Black Republicnnism turns to bloodshed and tion? And without saying that. the mass of the Democratic party ever seeks from the fragment of the Constitution to construct a scaffolding for coer­ believed in this political doctrine, have we not a right to say that the cion-another name for execution-we will reverse the order of the French ·revolution, and save the blood of the people by making those who would in­ action ot the Democratic party educated the mass of the people in the augurate a rei~n of terror the first victims of.a national guillotine. South in the faith that their right to decide when the compact was The Albany Argus, then the leading Democratic paper of the State broken and the manner of redress was a political right guarantied to of New York, of November 12, 1860, said: them, as they say, by the Government of the United States? And, If South Carolina. or any other State, through a convention of her people, further, have we not the right to hold the leaders of that party re­ shall formally separate herself from the Union, probably both the present and sponsible for the disastrous consequences which followed when the the next Exe