1884. CONGRESSIONAL RECORD-SENATE. 2453
By Ur. NICHOLLS: Memorial of theWestern Railroad Association, Society from the conditions of the sale of the marine-hospital building . protesting against the extension of the patent for car-axle-box covers- and grounds at Natchez, !lfiss., was read twice by its title. to the Committee on Patents. Mr. GARLAND. I ask that the bill may lie upon the table, and after By Mr. S. J. PEELLE: Papers relating to the pension claim of Col. themorningcallofbusinessishallasktheSenatetotakeitupforconsid- Joseph Moore-to the Committee on Invalid Pensions. eration. It will take only a moment or two, but I will not ask it now. By Mr. PERKINS: Concurrent resolutions of the Kansas Legislature, The PRESIDENT pro tempore. If there be no objection the bill will asking Congress to make provision for the speedy settlement of the be laid on the table for the present. claims of the sufferers from the raid of the Cheyenne Indians in Kan- The bill (H. R. 5255) for the relief of the heirs of John S. Fillmore, sas in 1878-to the Committee on Indian Affairs. deceased, was read twice by its title, and referred to the Committee on By Mr. PRYOR: Papers relating totheclaimofElmira C. Swoope- •the Judiciary. to the Committee on War Claims. The bill (H. R.116) forthereliefofthesuretiesofthelate J. 0. Raw- By l\1r. ROBERTSON: Petition ofT. S. Gardner and others, citizens tins was read twice by its title, and referred to the Committee on Fi of Grayson County, Kentucky, praying the granting of a pension to nance. Moses Stone, of said county-to the Committee on Invalid Pensions. The bill (H. R. 1327) for the relief of J. H. Hammond was read twice By Mr. ROCKWELL: Papers relating to the claim of Honora Me- by its title. Carthy-to the same committee. The PRESIDENT pro tempo-re. The bill will be referred to the Com- By Mr. T. G. SKINNER: Petition of George I. Watson and others, mittee on Claims, if there be no objection. for the improvement of Wysocking Bay and Pamlico Sound, North Mr. UITCHELL. I should be glad to have the bill referred-to the Carolin.ar-to the Committee on Rivers and Harbors. Committee on Military Affairs. That committee has charge of the Also, petition of J. F. Norman and others, and also of Luther Eboon subject. There is such a bill now pending before it. and others, for educational aid-to the Committee on Education. The PRESIDENT pro t(flnpore. The bill will be referred to the Com- i By Mr. SINGISER: Memorial of the wool-growers of Colorado, mittee on Military Affairs. Kansas, Nebraska, l\1innesota, Wyoming, Utah, Idaho, and NewMex- The bill (H. R. 2240) authorizingthePresidentofthe United States ico, protesting against a further reduction of the tariff on wool, and to appoint Assistant Engineer John W. Saville a passed assistant en asking the restoration of the tariff of 1867 on wool and woolens-to the gineer on the retked-list of the Navy was read twice by its title, and Committee on Ways and Means. referred to the Committee on Naval Affairs. By Mr. C. A. SUM.i~R: Petition of citizens of California, asking for The bill (H. R. 3936) for the relief of Benjamin F. l\Iillard was read an increase of the duty on raisins-to the same committee. _ twice by its title, and referred to the Committee on Military Affairs. By Mr. J.D. TAYLOR: Petitionof25officersoftheregular Army, ask- The following bills were severally read twice by their titles, andre- ing for the passage of H. R. 3117-to the Committee on Military Affairs. ferred to the Committee on Pensions: Byl\Ir. J. M. TAYLOR: PetitionofThomasAldridge, fora pension- A. bill !H. R. 254l granting a pension to John Robbins; to the Committee on Invalid Pensions. A. bill H. R. 267 granting a pension to James King; By Mr. TULLY: Petition from Riverside, Cal., indorsing the grow- A. bill H. R. 282 to reinstate Cornelius Fitzgerald on the pension- ing of raisins-to the Committee on Ways and Means. roll; Also, petition of the Los Angeles (Cal.) Board of Trade, for an ap- A. bill !H. R. 297) granting a pension to Violet Calloway; propriation to complete the improvement of Wilmington Ha,rbor, Cal- A bill H. R. 394) granting a pension to Mrs. l\fary C. Jones; ifornia-to the Committee on Rivers and Harbors. A. bill H. R. 1024) granting a pension to Charles B. Duncan; Also, petition of wool producers of California, asking for the restora- A. bill H. R. 1075) granting a pension to Caroline Lauffer; . tion of the tariff of 1867 on wool-to the Committee on Ways and Means. A. bill (H. R. 1246) granting a pension to the widow of Maj. Gen. Also, a petition of interested raisin producers of California-to the James B. SteW.man; same committee. A bill (H. R. 1397) granting a pension to Albert 0. Laufman, late By Ur. WILKINS: Petition of Solomon Dozer and 50 others, citi- second lieutenant of Company A, Sixty-third Regiment Pennsylvania zens of Muskingum, Ohio, relative to the restoration of duty on wool- Volunteers; to the Committee on Ways and Means. A. bill (H. R. 1491) granting a pension to Sarah L. Harvey, mother By Mr. WILLIS: Papers relating to the claim of HenryS. Cohn and of G. B. Harvey; of Montgomery Howard-severally to the Committee on War Claims. A bill H. R. 1504 for the relief of Millia Staples; Also, papers relating to the claim of General S. W. Price-to the A. bill H. R. 2284 granting a pension to Elizabeth Fowler; Committee on Claims. A bill H. R. 2319 granting a pension to Laurena C. P. Haskins. Also, petition of John W. Dickens, for arrears of pension-to the A. bill H. R. 2325 granting a pension to Helen M. Harrison; Committee on Invalid Pensions. A bill H. R. 2551 granting a pension to Charles Munroe; Also, papers relating to the claim of Henry Thierman and White A. bill H. R. 2714 to increase the pension of Thomas E. Wilson; Frost-to the Committee on Claims. A. bill H. R. 3625 granting an increase of pension to Levi ADder- By l\Ir. W. L. WILSON: Papers relating to the claim of Henrietta son; M. Waugh-to the Committee on War Claims. A bill (H. R. 4141) for the relief of Mrs. Rebecca J. Pierce; By Mr. YAPLE: Petition of Henry Chamberlain, Samuel Hess, and A bill (H. R. 4234) granting a pension ro l\Iary Ullery; others, citizens of Three Oaks, Mich., and of F. T. Wolfe, A. H. Will- A bill (H. R. 4368) granting an increase of pension to Dr. Samuel iams, and others, citizens of Wakelee, Cass County, Michigan, asking Davis· for the establishment of a Michigan branch of the National Home for A. bill (H. R. 5259) granting a pension to Julia A. Ross; and Disabled Volunteer Soldiers in the State of Michigan-severally to the A. bill (H. R. 5335) granting a pension to Mrs. Sarah E. E. Seelye, Committee on ~!ilitary Affairs. alias Franklin Thompson. PETITIONS AND MEMORIALS. SENATE. The PRESIDENT pro tempore presented resolutions adopted by the senate of the State of Kansas urging the passage of Senate bill1587, TuESD.A.Y, April 1, 1884. authorizing the settlement of the claims of certain citizens of Kansas Prayer by the Chaplain, Rev. E. D. HUNTLEY, D. D. named therein; which were· referred to the Committee on Indian Af The Journal of yesterday's proceedings Wail read and approved. fairs. EXECUTIVE COMMUNICATIONS. Mr. GORMAN presented the petition of W. H. Norris, cashier of the The PRESIDENT pro ternpm-e laid before the Senate a communica Western National BankofBaltimore, and others, citizens of Baltimore, tion from the Secretary of the Treasury, transmitting, in answer to a Md., praying for the refunding of certain taxes alleged to have been resolution of the 28th ultimo, a statement showing what amount of the unlawfully collected; which was referred to the Committee on Claims. war tax of 1861 is due and unpaid, from what States due, and the por Mr. PLUMB presented a resolution of the Legislature of Kansas tion thereof which has been paid by withholding moneys due to the urging an appropriation for the payment of sufferers from the raid of States from the General Government; which, with the accompanying Cheyenne Indians across the western part of Kansas in 1878; which paper, was referred to the Committee on Finance, and ordered to be was referred to the Committee on Appropriations. printed. He also presented resolutions adopted by the senate of the Legisla ture of Kansas in favor of the passage of the bill providing for the pay He also laid before the Senate a communication from the Secretary of the Interior, transmitting, in answer to a resolution of the 28th ultimo, ment of losses sustained by citizens of Kansas as found by a com copies of correspondence between the Departments of Justice and the mission appointed in 1859; which was referred to the Committee on Interior as to the present efficacy of the act of March 3, 1807, for the Claims. removal of persons and obstructions from the public domain; which, Mr. FRYE. I present a memorial of the mail-carriers of the city of with the accompanying papers, was referred to the Committee on Pub Lewiston, Me., remonstrating against the reduced appropriation for thai. lic Lands, and ordered t-o be printed. service. It is addressed to me, but evidently intended for Congress. I ask that it may be received and move that it be referred to the Com HOUSE BILLS REFERRED. mittee on Appropriations. The bill (H. R. 2334) to release the American Baptist Home Mission The motion .was agreed to. 2454 CONGRESSIONAL RECORD-SENATE. APRIL 1,
Mr. FRYE. I present the petition of the New York committee for referred the bill (S. 1304) to authorize the Secretary of War to ascer the prevention of State regulation of vice, officially signed, praying tain the expenses incurred by the Territorial authorities and the people that the jurisdiction and powers of the National Board of Health be of the Territory of Idaho in the suppreBSion of Indian hostilities in the specifically defined and limited. I do not know what committee would years 1877 and 1878, known as the Bannock and Nez Perce outbreaks, have jurisdiction of-the subject. I ask that it be referred to the Com reported it with an amendment, and submitted a report thereon. mittee on the Judiciary, as it involves a change of law. Mr. HAMPTON. I am instructed by the Committee on :Uilitary Mr. GARLAND. The petition should, I think, go to the Commit Aftairs, to whom was referred the bill (S. 779) for a survey and esti tee on Epidemic Diseases instead of the Committee on the Judiciary. mates for a railroad from the mainland to Key West, Fla., and for a Mr. F.RYE. I have no objection to that reference. canal connecting the same with the Saint John's River, for military The PRESIDENT pro tempm·e. If there be no objection the petition and naval purposes, to report it adversely. I move its indefinite post will be referred to the Committee on Epidemic Diseases. ponement. Mr. MORGAN. I present the petition of William Webster, a citizen Mr. MORGAN. Let the bill go on the Calendar. of the United States, born in Maine, praying the assistance of Congress Mr. CALL. I desire to have it placed on the Calendar. in the recovery of what he claims to be his just rights in a body ofland The PRESIDENT pro tempore. The bill will be placed on the Cal comprising 500,000 acres, in New Zealand, which he claims that he endar with the adverse report of the committee. bought from the native chiefs before the British Government acquired Mr. VOORHEES, from the Committee on Finance, to whom was re any possession or right of possession in that country; that his rights ferred the bill (S. 535) for the relief of the sureties of George F. Elliott, . have not been respected by the British Government either in reference reported it without amendment, and submitted a report thereon. to the land or the timber upon it or in respect to compensation for the Mr. SEWELL. I am instructed by the Committee on .Military damages that he has sustained. I move that the petition be referred to Affairs, to whom was referred the bill (S.1614) vacating the FortHart the Committee on Foreign Relations. suff and FortMCPherson military reservations, in the State of Nebraska, The motion was agreed to. and restoring the same to entry, to report it adversely. A general bill Mr. VOORHEES presented resolutions adopted by Tippecanoe Post, having been reported to the Senate which takes in all the abandoned No. 51, Grand Army of the Republic, of Monticello, Ind., urging leg military posts, I move that this bill be indefinitely postponed. islation in regard to pensions and bounties to ex-Union soldiers; which The motion was agreed to. were referred to the Committee on Pensions. , Mr. WILSON, from the Committee on Foreign Relations, to whom Mr. :MITCHELLpresentedresolutionsofHarrisonPost, Grand Army was referred the joint resolution (S. R. 14) for the relief of Mrs. Jane of the R.epublic, of Pennsylvania, in faY or of the passage of a bill for the Venable, reported it with an amendment, and submitted a report equalization of bounties· and certain pension bills; which were referred thereon. to the Committee on Pensions. Mr. JACKSON, from the Committee on Pensions, to whom was re He also presented a petition of Ingham Post, Grand Army of the ferred the bill (S. 1360) giving a pension to MinaM. Gwynn, of Kansas Republic, of Canton, Pa., praying for the passage of certain pension City, Mo., submitted an adverse report thereon. bills; which was refen:ed to the Committee on Pensions. Mr. COCKRELL. Let the bill be plaeed upon the Calendar. He also presented a memorial of inventors, manufacturers, and others, The PRESIDENT pro tempore. The bill will be placed on the Cal of Erie, Pa., remonstrating against the passage of House bills 3925, 3934, endar with the adverse report of the committee.. and 3617, and Senate bill1558, in relation to patents on inventions; 1\Ir. JACKSON, from the Committee on Pensions, to whom was re which was referred to the Committee on Patents. ferred the bill (S. 1144) granting a pension to John W. Wright, sub 1\Ir: SHERMAN presented a petition of wool-growers, farmers, and mitted an adverse report thereon. other citizens of eastern Ohio, praying for the passage of an act restoring Mr. PLUMB. I ask that that bill be placed on the Calendar. the tariff on wool, fixed by the aet of March 2, 1867; which was referred The PRESIDENT pro tempore. The bill will be placed on the Cal to the Committee on Finance. endar with the adverse report of the committee. He also presented the petition of Mrs. M. H. Dunn, widow of the late Mr. COCKRELL. The Committee on Military Affairs, to whom was Col. E. W. Dunn, fleet-paymaster of the Mississippi squadron, United referred the petition of Capt. Anson Northrup, of Minnesota, praying States Navy, praying for an increase of pension; which was referred to compensation for expenses incurred and services performed during the the Committee on Pensions. rebellion and in the Indian war~in Minnesota in 1862, have instructed 1\Ir. HOAR. I present the petition of Charles Watson, of Lowell, me to report the same back to the Senate adversely and to recommend Mass., praying for compensation for his services to sick and wounded that the prayer of the petitioner be not granted. There is no bill Union officers and soldiers in Libby prison hospital during the year with it. . 1864. This petition is in aid of a bill which has been already intro Mr. McMILLIN. I ask that that case be placed on the Calendar, if duced. I move that it be referred to the Committee on Military Affairs. there be no objection. The motion was agreed to. Mr. COCKRELL. There is no bill, and consequently the case can Mr. CONGER presented the memorial of David Ward, of Detroit, not be placed on the Calendar. The adverse report has all the facts in Mich., remonstrating against the passage of Senate bill1441, authoriz it. It is a long report. ing the construction of bridges across the Great Kanawha River; which The PRESIDENT pro 4fml,pore. The Senator from Missouri moves was referred to the Committee on Commerce. that the adverse report of the committee be agreed to. Mr. LAP~'[ presented the memorial of Edwin C. Litchfield, of Mr. McMILLIN. Let that motion lie over for the present, if the New York city, remonstrating against the passage of the bill (S.1886) Senator from Missouri will consent. to quiet title of settlers on the Des Moines River lands, in the Stateof The PRESIDENT pro tempore. The report will be placed on :file. Iowa, and for other purposes; which was ordered to lie on the table. Mr. COCKRELL, from the Committee on Military Affairs, to whom He also presented a petition of 158 citizens of Union, Oreg., praying was referred the bill (S. 1744) for the relief of Mrs. Martha L. Burch, that women be granted the right of suffrage; which was ordered to lie asked to be discharged from its further consideration, and that it be on the table. referred to the Committee on Claims; which was agreed to. REPORTS OF COMMITTEES. He also, from the Committee on Military Affairs, to whom was re Mr. HALE. By direction of the Committee on Appropriations Ire ferred the bill (S. 1724) to authorize the Secretary of War to deliver port t.he bill (H. R. 4716) making appropriations for the naval service certain cannon to the Saratoga Monument Association, reported it ad for the fiscal year ending June 30, 1885, and for other purposes, With versely; and the bill wa.s postponed indefinitely. sundry amendments. I ask that the bill and report be printed, and Mr. COCKRELL. The Committee on Military Affairs, to whom was give notice that I will call it up, with the leave of the Senate, to-mor referred a petition for the establishment of a soldiers' home west of the row, or next day at the farthest. Mississippi River, have instructed me to report the same back to the Mr. BECK. What was the notice the Senator gave? I did not Senate and to ask that it be laid upon the table, as the Committee on hear it. 1\Iilitary .Affairs have already reported a bill (S. 1404) to authorize the Mr. HALE. That I will, with the leave of the Senate, call the bill location of a branch home for volunteer disabled soldiers in either of the up to-monow, or next day at the farthest; probably on the next day. States of Arkansas, Colorado, Kansas, Iowa, Minnesota, Missouri, or. Mr. MAXEY. I am instructed by the Committee on Military Af Nebraska, and for other purposes. fairs, to whom wa.s referred the bill (S. 657) to authorize the Secretary The PRESIDENT pro tempore. If there be no objection, the com of the Treasury to adjust and settle the expenses of Indian wars in mittee will be discharged from the further consideration of the peti Nevada, to report it back with a recommendation that the bill be in tion and it will be placed upon :file. definitely postponed, and with the statement that the report is not Mr. MITCHELL. I am instructed by theCommitteeonPensions, to · upon the merits but because it is believed that the act approved Jnne whom was referred the petition of Jefferson Fields, praying to be al 27, 1882, making provision for the State of Nevada and other States lowed a pension, to report the same back with a statement that the case and Territories, is sufficiently broad to cover the purposes of this bill. is now under considerationbeforetheCommissionerofPensions. Iask We know of no other construction placed upon it by the War Depart that the committee be discharged from its further consideration. ment and the proper accounting officers of the Treasury. The report was agreed to. The PRESIDENT pro ternpore. If there be no objection, the bill will Mr. MITCHELL, from the Committee on Pensions, towhom was re be postponed indefinitely. ferred the bill (S. 1114) granting an increase of pension to William Mr. MAXEY, from the Committee on Military Affairs, to whom was Shannon, submitted an adverse report thereon. 1884. CONGRESSIONAL RECORD-SENATE. 2455
:l'tfr. PLUMB. I ask that the bill be placed upon the Calendar. month's extra pay to certain officers and employ~ of the Senate; which The PRESIDENT pro tempore. The bill will be placed upon the was read twice by its title, and referred to the Committee to Audit and Calendar with the adverse report of the committee. Control the Contingent Expenses of the Senate. OHIO MUSTER-ROLLS. PAPERS WITHDRAWN AND REFERRED. Mr. LOGAN, from the Committee on Military Affairs, to whom was On motion of Mr. RIDDLEBERGER, it was referred the joint resolution (H. Res. 210) requiring the Secretary of Ordered, That the petitions and papers of the Methodist Episcopal churches of Arlington, Falls Church, Fairfax Court-Honse, Dumfries, and Mount Crawford,· War to furnish copies of certain muster-rolls to the governor of the State in Virginia, be withdrawn from the files of the Senate and referred to the Com of Ohio, reported it without amendment. mittee on Claims. Mr. SHERMAN. I will venture to ask the Senate to pass the joint On motion of Mr. VOORHEES, it was resolution reported by the Senator from illinois. I will simply saythat Ordered, That Mrs. Jessie Bent-on Fremont have leave to withdraw her peti the Legislature of Ohio have ordered the publication of the muster-rolls tion and papers from the files of the Senate, under the rules. of the regiments in the late war from Ohio, and it is necessary to have Ordered, That Mrs. Mary L. Hawthorn have leave to withdraw her petition the copies of certain rolls that are on file here to supply a defect in the and papers from the files of the Senate. rolls at Columbus, Ohio. The passage of this resolution will enable MARSHALS IN ALABAMA. the publication of the document to proceed. It is a matter oflocal in Mr. MORGAN submitted the following resolution; which was con terest and yet at the same time delay might be inconvenient. I trust sidered by unanimous consent, and agreed to: the Senate will pass it now. The reading of the joint resolution will Resolved, 1. That the Attorney-General of the United States is directed to in show its nature and I have said all that need be said in explanation form the Senate whether a vacancy exists in the office of marshal of the middle of it. and southern districts of Alabama; and, if so, how such vacancy occurred, and bow long that office has been vacant. The PRESIDENT pro tempore. The Senator from Ohio asks unani 2. Whether the duties of that office are now being performed, and by what mous consent that the Senate now consider the joint resolution. Is person, and under what authority he is acting, and from what date he has been there objection? so acting. 3. And that the Attorney-General will further inform the Senate whether the • Mr. ALLISON. Let it be read in full. person who is exercising the duties of said office was at the time of his appoint The PRESIDENT pro tempore. It will be read for information. ment thereto, or at any subsequent time bas been, indicted for any, and what, The Chief Clerk read the joint resolution, as follows: crimes in the courts for which he bas been acting as marshal; and whether such indictments have been disposed of, and when, and in what way, and by .Resolved, &c., That the Secretary of War be, and is hereby, required to furnish whose direction they have been disposed of. to governor of Ohio'- upon his request, copies of such muster-rolls as are filed in his Department, ana other information from the records of his office as may be MRS. FASSETT' S ELECTORAL COMMISSIOY PATh"'TTNG. necessary to complete the military history of the troops that entered the service of the United States from the State of Ohio during the Mexican war and war of Mr. VOORHEES submitted the following resolution; which was con 1861. sidered by unanimous consent, and agreed to:
Mr. MORGAN. I hope the Senator from Ohio will consent to call Resolved, That the Committee on the Library be1 and is hereby, i nstructed to that up after we pass through the morning call. I object to its consid inquire into the expediency and propriety of purcna.sing from Mrs. Fassett her eration now. painting of the Electoral Commission of 1877. Mr. SHERMAN. I havenoobjection topostponingitsconsideration OHIO MUSTER-ROLLS. for a few minutes. It is a mere matter of convenience to the State. 1\Ir. SHERMAN. If the order of "concurrent and other resolu The PRESIDENT pro tempore. Objection being made, the bill will tions '' is closed, I ask the Senate to proceed to the consideration of the go over for the present. ioint resolution that was read awhile ago and which is at the desk. It BILLS INTRODUCED. will take but a moment. · Mr. HILL introduced a bill (S. 1967) regulating the letting of mail By unanimous consent, the Senate, as in Committee of the Whole, contracts in Alaska; which was read twice by its title, and referred to proceeded to consider the joint resolution (H. Res. 210) requiring the the Committee on Post-Offices and Post-Roads. Secretary of War to furnish copies of certain muster-rolls to the gov He also introduced a bill (S. 1968) to make the certificates of gold ernor of the State of Ohio. and silver deposited in the Treasury of the United States a legal tender The PRESIDENT pro tempore. The Chair will suggest to the Sen for public and private debts; which was read twice by its title. and or ator from Ohio that there is a clerical omission of the word ''the ' ' be dered to lie on the table. fore the word "governor" in the text of the joint resolution. It now Mr. GROOME introduced a bill (S. 1969) granting a pension to Will reads "to governor of Ohio." If there be no objection thejoint resolu iam T. West; which was read twice by its title, and, with the accompany tion will be amended so as to read: "to the governor of Ohio." ing papers, referred to the Copunittee on Pensions. 1\lr. SHERMAN. I have no objectio~ to the amendment except the Mr. GROOME. A citizen of my State thinks that she has a valid delay that will result in sending it back to the House. claim against the Government of the United States, and in order that The PRESIDENT pro tempore. The Chair will not put the question it may be inquired into by the appropriate committee of the Senate I on the amendment without the consent of the Senator from Ohio. ask leave to introduce a bill, that it may go to the Committee on Indian Mr. SHERMAN. I think the phrase ' ' to governor of Ohio'' would Affairs. operate just as well. The bill (S. 1970) for the payment of certain coupons of certain Indian The joint resolution was reported to the Senate without amendment, war bonds of the State of California was read twice by its title, and re ordered to a third reading, read the third time, and ~· ferred to the Committee on Indian Affairs. NATCHEZ 1\IARINE-HOSPITAL BUILDING. Mr. VOORHEES introduced a bill (S. 1971) granting a pension to Catharine H. Glick, widow of Elias B. Glick, late surgeon of the For Mr. GARLAND. In pursuance of the notice I gave a few moments tieth Regiment of Indiana Volunteers; which was read twice by its ago, I should like to have the Senate proceed to the consideration of the title, and, with the accompanying papers, referred to the Committee bill (H; R. 2334) to release the American Baptist Home Mission Society on Pensions. from the conditions of the sale of the marine-hospital building and Mr. MbMILLAN introduced a bill (S.1972) for the reliefofEdway grounds at Natchez, Miss. I think it will take but a very few moments. A. Grant; which was read twice by its title, and, with the accompany By unanimous consent, the Senate, as in Committee of the Whole, ing papers, referred to the Committee on Claims. proceeded to consider the bill. Mr. KENNA (by request) introduced a bill (S. 1973) to remove the Mr. GARLAND. The Committee on the Judiciary reported a bill disabilities of Robert D. Thorburn; which was read twice by its title, exactly like this with the exception of a proviso. I will offer that pro and referred to the Committee gn the Judiciary. viso, which the Secretary holds in his hand, as an amendment to this Mr. ALLISON introduced a bill (S. 1974) to amend section 4488 of bill to come in at the end ofit, after the word "contained." the Revised Statutes of the United States; which was read twice by its The PRESIDENT pro tempo-re. The amendment proposed by the title, and referred to the Committee on Commerce. Senator from Arkansas will be reported. Mr. RIDDLEBERGER introduced a bill (S. 1975) authorizing the The CHIEF CLERK. It is proposed to a-dd to the bill the following Court of Claims to take jurisdiction of and adjudicate the claim of the proviso; Pro-vided, That by proper covenant, to be approved by the Secretary of the Piedmont Railroad Company; which was read twice by its title, and Treasury, such society secures the appropriation of the proceeds of such sale t-o referred to the Committee on Claims. the construction of a school building at Jackson, 1\liss., to be used for the purpose Mr. ALDRICH introduced a bill (S. 1976) for the relief of Young of education for the benefit of the oolored people. Brothers, of Newport, R. I.; which was read twice by its title, and, The amendment was agreed to. with the accompanying papers, referred to the Committee on Finance. Th~ bill was reported to the Senate as amended, and the amendment Mr. HARRIS introduced a bill (S. 1977) for the relief of Emerson P. was concurred in. Randle, of Tennessee; which was read twice by its title, and, with the The amendment was ordered to be engrossed and the bill to be read accompanying papers, referred to the Committee on Claims. a third time. Mr. BECK introduced a bill (S. 1978) authorizing the partition of The bill was read the third time, and passed. certain land in Louisville, Ky., belonging jointly to John Echols and The preamble was agreed to. the Government of the United States; which was read twice by its title, Mr. GARLAND. I now move the indefinite postponement of Senate and referred to the Committee on Public Buildings and Grounds. bill No. 833. Mr. GORMAN introduced a joint resolution (S. R. 77) granting one The PRESIDENT pro tempore. The Senator from Arkansas moves 2456 CONGRESSIONAL RECORD-SENATE. APRIL 1, that the Senate proceed to the consideration of the bill (S. 833) to r~ The naval appropriation bill comes up to-morrow or next day. That lease the American Baptist Home :Mission Society from the conditions has been added to by $6,000,000; seven new steamships are to be built, of the sale of the marine-hospital building and grounds at Natchez, and a great many other things will occupy the attention of the Senate Miss., with a view to its indefinite postponement. Is there objection a good while if the recommendations of the Senate Committee on Ap to the present consideration of the bill for that purpose ? The Chair propriations are considered. I think the Senator from l\faine perhaps hears none. The Senator from Arkansas moves that the bill be indefi would do as well to move notwithstanding the objection to proceeding nitely postponed. That order will be.entered, if there be no objection. under the five-minute rule which I agree can not be done, to proceed FLORIDA INDIAN HOSTILITIES. now, and perhaps in a couple of mornings this bill can be disposed of. The PRESIDENT pro tempore. The Chair now lays before the Sen I agree that I want to be heard on it. I favor the report of the mi ate the Calendar under the eighth rule, commencing at Order of Busi nority of the Committee on Commerce; and I expect to occupy about ness 165, being the bill (S. 230) to authorize the Secretary of the Treasury thirty minutes in presenting my views favoring the minority report. to settle the claim of the State of Florida on account of expenditures I do not know how many others desire to speak; but of course the made in suppre.."Sing Indian hostilities. This is the bill reported by the members of the committee will speak. I believe the only way to get Senator from South Carolina [Mr. HAliiPTON] which has been passed a hearing for this bill within a reasonable time is to move its consider ation now notwithstanding the objection. It will not be reached for a over by unanimous consent to await the return of the Senator from very long time as a special orde1· with so many bills ahead of it and Florida [Mr. JONES]. If there be no objection, it will be again passed with a naval appropriation bill which beyond all question is going to over, retaining its place. be a very long one and involve a great many debatable questions. A:liERICAN SHIPPING. Ur. CAMERON, of Wisconsin. Mr. President, I hope the Senator The PRESIDENT pro tempore. Order of Business 190 is .next in or from 1\Iaine will not move to proceed with the consideration of this bill der, being the bill (S.1448) to remove certain burdens on the American at this time or during the morning hour. The morning hour was not merchant marine and encourage the American foreign carrying trade, intended for the consideration of bills of this character, but was in and for other purposes. tended for the consideration of bills to which there is really but little, Mr. FRYE. If objection should be made to this bill and on motion if any, objection. There are a great many bills of that chara{!ter on the • it should be determined to consider it notwithstanding the objectiou, Calendar, many of which have been reported from the committee of it would displace this Calendar for probably four or five mornings. I which I have the honor to be chairman, and the only chance there is am very anxious to ha~e this bill considered. It is of very great im for the consideration of tho e billB is to devote the morning hour to portance and it ought to be considered before a great while, and ifpassed them as it was intended to be devoted to their consideration when the by the Senate sent to the House of Representatives. I cannotseeany present rules were adopted. objection to making it a special order. There are now three special or The PRESIDENT pro tempm·e. The question is on agreeing to the ders outside of the unfinished business. The Senator from Missouri motion of the Senator from Maine. [Mr. VEST] desires to speak to this bill, and I understand the Senator Mr. McPHERSO~. I should like to submit to the Senator from from Kentucky [Mr. BECK] also. My ju 1884. CONGRESSIONAL REC_ORD- SENATE. 2457 BILLS OBJECTED TO. Columbia may avail itself of the provisions of this act by complying with its re quirements, and those that thisactis intended to amend; buttherighttorepeal The bill (S. 660) to carry into effect the recommendation of the board this act, and to alter, amend, or abolish any charter of incorporation granted of admirals convened under the joint resolution approved February 5, under it, is expressly reserved to Congress. 1879, in the case of Commander James H. Sands, United States Navy, Mr. McM:ILL.AN. I should like to hear from the Senator from Ten was announced as next in order. nessee, who reported this bill, an explanation of it. :Mr. MILLER, of New York. I object to the consideration of that 1\Ir. HARRIS. There is a printed report, which is very brief, and bill under this rule. quite as brief as any explanation I can make. I simply ask that the The PRESIDING OFFICER. The bill goes over. Secretary will read the report. Mr. McPHERSON. I should like to have the bill go over wit;twut 1\fr. 1\IcMILL.AN. I hope that it will be read. any prejudice. The Secretary read the following report, submitted by Mr. HARRIS, :Mr. MILLER, of New York. I can not consent to that. I have ob from theCoD?-ffiittee on the District of Columbia, February 11, 1884: jections to this bill, and it can not be considered under this rule even The sections of the Revised Statutes proposed to be amended by this bill pro if the enator from Florida [Mr. JONES] who reported it were present. vide the method by which societies for benevolent, charitable, educational, liter Mr. McPHERSON. The Senator from Florida has all the papers in ary, musical, scientific, religious, or missionary purposes, including societies the case; he has submitted the report; and he will be here probably to for mutual improvement or the promotion of the arts, may be incorporated with out special acts of incorporation. morrow. An objection would place the bill, I suppose, at the foot of The only change sought to be made in section 545 is to strike out the limitation the Calendar. of" twent.y years" as the life of such corporations, leaving them to fix the term Mr. COCKRELL. No; on the other Calendar. for themselves, subject only to the reserved right of Congress to alter, amend, or abolish such charters of incorporation. Mr. 1\IILLER, of New York. It must necessarily go to that Calen Section 546 limits the right of such corporations to take, receive, hold, and con dar, for I shallobjecttoitsbeing considered underthe five-minuterule. vey real nnd personal property to uch as may be necessary to the purpo es of It is an important bill, and has been before Congress for years. such society, as stated in their certificate of incorporation. As this limitation may be construed t-o limit the right to hold property other Mr. McPHERSON. I suppo~e the Senator will be ready to consider than such a.s may be necessaqr for the offices of such society, property as a source it when the Senator from Florida-is here. of income, to be used for the purposes of such corporations, the committee rec Mr. MILLER, of New York. I shall not be ready to consider it un ommend that it be so modified as to authorize such corporations to hold prop erty the annual profits or income from which shall not exceed $25,000, which der Rule VIII. It must go on the other Calendar. shall be devoted to the certified purposes of such corporation; but this act not The PRESIDING OFFICER. The bill is objected to, and goes over. to be construed as exempting any property from taxation not already exempted 1\Ir. MILLER, of New York. The next two bills on the Calendar by the laws now in force. Section 547 provides that such corporations "may annually, or oftener, elect being the bill (S. 601) to carry into effect the recommendation of the from its members its trustees, directors, or managers." The bill proposes to board of admirals convened under the joint resolution approved Febru leave such corporations free to regulate by their by-laws the time and manner ary 5, 1879, in the case of Lieut. Commander Charles D. Sigsbee, United of electing their trustees, directors, or managers, and does not restrict them to their members only. States Navy, and the bill (S. 662) to carry into effect the recommenda Section 549 provides that such corporations may, by a vote of two-thirds of tion of the board of admirals convened under the joint resolution ap the shares of stock in such corporation, sell and dispose of any real estate ac proved February 5, 1879, in the case of Commander Henry Glass, United quired by it when such lot or building shall become ineligible for the uses for which they were intended. States Navy, are of a similar chara.cter, and I make the same objection. The committee recommends the repeal of this section, and in lieu of it a pro The PRESIDING OFFICER." The bills Will be passed over. vision authorizing such corporation, upon a vote of a majority of t.he shares of stock, or a majority of the trustees, directors, or managers, to lease, mortgage, DISTRICT CHARITABLE CORPORATIONS. or sell and convey any property of such corporation, the proceeds to be applied The Senate, as in Committee of the Whole, proceeded to consider the or invested to the use and benefit of such corporation. Section 551 requires that no corporation acting under sections545 to 550, inclu bill (S. 1063) to amend the Revised Statutes of the United States re sive, "shall hold real estate more than five years, except so much as shall be lating to the District of Columbia. necessary for the purposes named in its cerlificate." The bill was reported from the Committee on the District of Colum The committee recommends the repeal of this section, believing that such cor porations should DQt be compelled to dispose of property at a sacrifice which bia with an amendment to strike out all after the enacting clause and may be or may hnve been devised or given for charities such as these. insert- - The committee submits with this report a letter from Mr. Justice 1\Iiller, of That the following sections of the Revised Statutes of the united States of the Supreme Court of the United States, and one from Samuel V. Niles, esq., America. relating to the District of Columbia. be, and they are hereby, amended president of the Children's Hospital, with the suggestions of which the commit in the following manner, that is to say: • t-ee fully concurs, and therefore report the bill back with amendments, and rec Section 545, by striking out the words "not exceedina- twenty years;" so that ommend that it pass. the same shall read : "SEc. 545. Any three or more persons of full age, citizens of the United States, [Re Senate Bill1063.] a majority of whom shall be citizens of the District, who desire to associate SUPREME CoURT OF THE UNITED STATES, themselves for benevoleut,, charitable, educational, literary, musical, scientific, Wa.shingron, February 5, 1884. religious, or missionary purposes1 including societies formed for mutual im provement or for the promotion 01 the arts, may make, sign, and acknowledge, DEAR Sm: As president of the Garfield Memorial Hospital, organized under before any officer authorized to take acknowledgment of deeds in the District, the general law of the District of Columbia, my attention has been called to and file in the office of the recorder of deeds, to be recorded by him, a. certificate serious defects in that law. in writing in which shall be stated- These were perhaps of no great consequence when special charters could " First. The name or title by which such society shall be known in la.w. easily have been obtained from Congress, and when occasions for such charters "Second. The term for which it is organized. were few, but with the growth of the District in wealth, in culture, and in pop "Third. The particular business and objoots of the society. ulation, much of which needs charitable and benevolent organizations, there "Fourth. The number of its trustees, directors, or managers for the first year stricted and limited character of the powers conferred by the general law needs of its existence. "• reconsideration. Section 546, by adding at the end thereof the words " and other real and per A very well considered. bill, introduced by yourself January 14, is before your sonal property the clear annual income from which shall not exceed in value committee, and I hope it will be pressed to a speedy passage. $25,000;" so that the same shall read: No such corporation, for instance, can expect te become permanently useful "SEc. 546. Upon filing their certificates the persons who shall have signed and whose existence is limited to twenty years. acknowledged the same, and their associates and successors, shall be a body And the limitation as to the amount of property, real or personal, to be held politic and corporate, by the name stated in such certificate; and by that name by such an institution is an effectual barrier to the establishment of any great they and their successors may have and use a common seal, and may alter and hospital or library, or other useful public corporation. change the same at pleasure, and may make by-laws and elect officers and We have nearly completed a hospital with seven acres of ground. We have agents, and may take, receive, hold, and convey real and personal estate neces another lot in the city covered with buildings which, by the present law, we must sell within three years from this time, whether we get a good price or not, sary for the purposes of the society as stated in their certificate, and other real ' and personal property the clear annual income from which shall not exceed in thus placing us at the mercy of any one desiring to purchase. value $25,000: Provided,ho~er, That this section shall not be construed to ex However these restrictions may have been appropriate at the time of their empt any property from taxation in addition to that now specifically exempted enactment, the times and the city of Washington have outgrown them, and I bylaw." beg leave to t10licit your earne t attention and that of your committee to the Section 547, by striking out the words "annually, or oftener, elect from its necessity of the amendments embodied in the bill. members," and inserting the word" elect" after the word "may," in the first I have the honor to be, your obedient servant, line ; so that the same shall read : SAM. F. MILLER. "SEC. 547. Such incorporated society may elect its trustees, directors, or man Hon. J. J. INGALLS, agers at such time and place and in such manner as may be specified in its by Chairman Senate Committee on District of Oolum.bia. laws, who shall have the control and management of the affairs and funds of the society, and a majority of whom shall be a-quorum for the transaction of business; and whenever any vacancy shall happen in such board of trustees, CHILDREN's HoSPITAL, Wa.shington, January 11, 1884. directors, or managers, the vacancy shall be filled in such manner as shall be DEAR Sm: I am instructed by the boe.rd of directors of the Children's Hospital provided by the by-laws of the society." · to request you to introduce the inclosed bill in the Senate. That section 549 of the Revised Statutes relating to the District of Columbia This hospital was organized in 1870 under the act of Congress of May, 1870 ~~~t!~he same hereby is, repealed ; and in lieu of said section the following is (United States Revised Statutes relating to the District of Columbia, sections 545 to552). "SEC. 459. Any property of the corporation may be leased encumbered by This act limits the existence of corporations created under it to twenty years; mortgage or deed of trust in the nature of a mort~ge, or soid and conveyed does not authorize such a co~ration to mortgage any of its property, even absolutely, when authorized by a. vote of a majonty of the shares of stock of though it be necessary for the 8.d vancement of the object for which it was organ the corporation1 or by a. vote of a majority of the directors, managers, or trustees ized; does not authorize it to hold real estate more than five years, except such of the corporatiOn, at a meeting called for the purpose, and the proceedings of as is in actual use of the corporation ; does not authorize it to sell its real estate which meeting shall be duly entered in the records of the corporation; and the unless it surrenders its charter, except the lot in actual use, in which case the proceeds arising therefrom shall be applied or invested for the use and benefit of proceeds must be invested in the purchase of another lotto be used for the same such corporation." purpose; and requires the election of trustees to be held every year, instead of SE Mr. CAMERON, of Wisconsin. The Committee on Claims has had for the performance of the duty ever since it had been performed by a spe a great many bills referred to it proposing an increase of salary to offi cial clerk. Now, if it had made another office and paid another officer at cers and clerks for preceding years. All those bills that have been re the Executive Mansion to perform the duties there, the argumennt would ported from the committee have been reported adversely except this bill. becorrectthatthereshould benomorepaid. But it made no new officer, The committee thought this case clearly an exceptional case. it provided no extra pay for the performance of a duty forwhichaclerk If the Senator from Indiana had observed the reading of the report had been detailed from the Land Office for years before; it simply threw he would have noticed that from 1836 until 1878 there was a secretary upon some one there, somebody in whom the President had confidence to the President for signing land patents. This secretary received a sal in his judgment and accuracy, the authority to sign the President's ary of 1,500 a year. He had no duties to perform except the duties name to all that great mass of patents which the President was required in connection with the signing of land patents. In 1878 the appropri to sign. The President selected among those persons in his office Col ation that had been made for more than thirty yeats annually prior to onel Crook to perform this duty, and be the officer in charge of the Ex that time for the payment of this secretary was omitted, and the Pres ecutive Mansion, with all the duties pertaining to it, which had always ident was directed to designate one of the executive clerks for the pur before required the entire time and attention of an officer. Colonel pose of performing that duty. He designated Mr. Crook. Mr. Crook Crook assumed the duty with the full knowledge that it was to be per at that time had charge of the reception-room at the Executive Mansion formed in addition to the full duties which he had been performing be and had charge of the expenditures at the Executive Mansion. Those fore and would perform thereafter, and as he has informed me, and as duties required his attention during the day. During the evening and the proof shows, the entire performance of this duty was after.the busi night he devoted his time to the signing of land patents. He took the ness hours for the performance of his regular duties at the Executive patents home with him, and frequently, as we are informed, worked late Mansion, and occupied, as I am informed, in the press of business his at night in signing those. patents and making the necessary entries on time till1, 2, and 3 o'clock at night before it was finished. the books. He performed this duty for four years. Last year a provision It was the understanding both of the President and of the officer who was inserted in one of the appropriation bills giving the Executive Man rendered this service that Congress, as soon as it was understood, would sion an additional clerk. Since that time Mr. Crook has continued to make an appropriation to meet the additional labor and additional ex perform the duties connected with the signing of land patents, but some pense. The service has been performed for the years mentioned here of the other duties that prior to that time had been imposed upon him continuously out of office hours, and I agree with the chairman of the have been taken off'his shoulders; so that this bill does not provide committee-for I was a member of the committee at the last session· that any compensation shall be made to 1\Ir. Crook for signing patents when this case was examined-that the service was rendered, requiring during the last year, but for the four years prior to that time. in good faith an additional payment, and I think the amount fixed The Committee on Claims fullyrecognizethefactthatwhen the com here for that payment is reasonable. Congress itself afterward pro pensation of an officer ha been fixed and his duties prescribed by law vided an additional clerk to perform these duties with an additional or by custom he has no right to come to Congress and ask for additional salary, and that is being done now. It always had been done before compensation; and as I have already stated, that committee have never up to the time when this account is charged for; it has been done by an reported in favor of a bill of this character except this one bill; and it additional officer since. Senators must be aware of the responsibility was in the opinion of the committee so clearly outside of the ordinary of a man who is to perform that delicate duty of signing the President's run of claims of that kind, that they felt constrained, notwithstanding name to the evidences of title to our lands. It should be in the hands the rule they had adopted, to report in favor of it. of some one that the President has confidence in; and it has been done Mr. GARLAND. I should like to ask the Senator from Wisconsin in that way. ! did not catch the reading of the report very clearly-if this is an ap I have examined the subject very fully, and while I am as unwilling propriation for this particular case as an exception to section 1764 of as any Senator here to vote additional payment to an officer on almost the Revised Statutes. any pretense who had accepted his place and had performed its duties Mr. ·CAMERON, of Wisconsin. It is. on a given salary, yet when, as in this case, an additional amount of Mr. GARLAND. Did the committee find that the 1,500 he was labor, as I am positive from the inquiries I made when a member of allowed for his regular pay was not sufficient to meet this new labor this committee of officers of the Land Office and of the officers in charge imposed on him? of the Executive Mansion, was imposed involving almost full night Mr. CAMERON, of Wisconsin. That Wa$ the opinion of the com labor upon this officer and it was faithfully and well performed, I am mittee, because the duties that were imposed upon him as executive willing to make an equitable allowance for that service. clerk at the Executive Mansion were sufficient to occupy his entire Mr. AL.LISON. I should like to ask the Senator from Michigan if time during the day, and he performed the duties connected with the he knows the compensation received by this clerk outside of the extra signing of land patents outside of office hours. There is no doubt compensation now proposed? about the fact. Mr. CONGER. I think it was $1,600 a year. I think that wa.s the Mr. GEORGE." Mr. President, I do not desire to argue the bill, but compensation he received. merely to place on record the fact that I dissented from the majority of Mr. ALLISON. The law says $2,000. the committee in the reporting of the bill. Mr. CONGER. That is at present, but at the time this duty was Mr. COCKRELL. I rise to correct some little ina~cura-cies in the performed-! will not be positive, but I think the salary was 1,600. statement of my good friend from Wisconsin, who is generally so ac Mr. ALLISON. He received$2,000 per annum for all this period. curate in his statement of these matters. As stated in this report, Mr. CONGER. I may be mistaken about it. under the act of 1836, which I 'vill now read and which is section 450 Mr. COCKRELL. There is no question about that. There is the of the Revised Statutes, it is provided that- statute that put the duty on him, and that put his salary at $2,000. The President is authorized to appoint, from time to time, by and with the Mr. CAMERON, of WISconsin. I supposed it was $1,600, but it ap advice and oonsent of the Senate, a secretary, at a salary of 81,500 a year, whose pears to have been $2,000. duty it shall be, under the direction of the President, to sign in his name, and for him, all patents for land sold or granted under the authority of the United Mr. COCKRELL. There is no doubt about it. States. Mr. CONGER. Of course I am not certain about the amount; but In 1878 Congress passed this law (volume 20 of the Statutes, page up to the time when Mr. Crook assumed the performance of these duties 183): a clerk was paid to perform them, as I understand detailed from the For compensation to the following in the office of the President of the United Land Office, and he had been paid for attending to them for thirty years. States: Private secretary, 83,250; assistant secretary, 82,250; twO executive By throwing them on Mr. Crook additional duties to a large amount, clerks, at 82,000 each; stenographer, 1,800; steward, at Sl,BOOz and messenger employing night labor continuously, were imposed upon this officer. and nsher, at $1,200; in all, 14,300. And the duties prescribed oy section of the Revised Statutes numbered 450-- The service was undoubtedly rendered extra from any other service which he could have been called upon to perform, and he did it because Being the one I have just read- the President desired him to perform it and he desired to comply with • shall devolve upon and be discharged by one of the executive clerks, to be des ignated by the President for that purpose. . the wishes of the President. There was a sort of confidential relation in it. And who received, instead of $1,000, $2,000 a year, and this statute There is no question but what if this officer had allowed h.imself to expressly devolved upon one of those clerks the performance of this perform these duties during 1he ordinary business hours of the day it special duty, and practically abolished the othersecretaryand gavethis would have involved a running behind all the way, and those who were clerk $2,000 for the performance of the duty; so that this is a gratuity anxious for their patents must have felt the inconvenience of it. The pure and simple of $1,000 a year extra, running his salary up to $3,000 public good was subserved by the extra performance of this duty, and and within $250 of the salary of the private secretary. I see no reason why there should be any delicacy in making an appro Mr. CONGER. That does not quite express the situation here. The priation for it that is certainly limited compared with what has been officer who had signed the patents before had been detailed from the paid before and limited compared with what is being paid now for the Land Office, performed for years and years this duty, and wa.s paid for same service that Colonel Crook performed with a fidelity and business it at the rate of $1,500 a year I think, or $1,600. energy which commanded my admiration when I found out what had Mr. CAMERON, of Wisconsin. Fifteen hundred dollars. been done. There is no reason why he should not·receive a compensa Mr. CONGER. Fifteen hundred dollars. Under this provision there tion which he has justly earned. was no allowance for an additional officer at the Executive Mansion to The PRESIDING OFFICER. The question is on the amendment re perform this duty. The Government had paid$1,500a year continually ported by the Committee on Claims. 2460 CONGRESSIONAL RECORD-SENATE. APRIL 1, Mr. COCKRELL. In view of the fact that this recommendation of Ur. CONGER. Will this bill come up tmder tp.e same rule to-mor $4,000 was based upon the idea that he was receiving $1,600 a year and row morning? it was the intention to make his whole pay $2,600, I move to strike out The PRESIDING OFFICER. It will come up at first under Rule $4,000 and insert 2,400. That will give 600 extra and make his pay VIII. $2,600 a year, the amount the committee determined he should be en PRESIDENTIAL APPROVALE. titled to. A message from the President of the United States, by Mr. 0. L. Mr. C'ONGER. That motion is based upon the uncert.ain recollec PRUDEN, one of his ecretaries, announced that the President had, on tion, the lmcertain memory, which I had in making my statement. If the 28th ultimo, appro>ed and signed the act (S. 1847) to authorize the the Senator from Missouri desires to have his private thrust at me, some i uing of a register to John S. M:cQuin and J. Warren W onson for the time when we can carry it out in our own way I shall accept the prop schooner Druid. osition with a kind of subdued pleasure; but that he should make the The message also announced that the President had, on the 31st occasion of even a misstatement of mine the opportunity of doing wrong ultimo, approved and signed the following act and joint resolution: to another is not in accordance with his usually generous, manly nat An act (S. 1692) to limit the cost of indexing the CoNGBESSIOYAL ure. I know he would not do wrong to a citizen because be wanted to RECORD; and make a thrust at me. I think the chairman of the com:rqi.ttee made the Joint resolution (S. R. 64) providing for the addition of $10,000 to same mistake that I did. The point of what has been received was not the contingent fund of the Senate. the material point. The point was whether in addition to the duties for which he was receiving a given salary he had devoted himself with AID TO COMMOY SCHOOLS. untiring energy for the interest of those who were anxious to have their The Senate, as in Committee of the Whole, resumed the consideration patents and to have this work kept up to this extra work. Senators all, of the bill (S. 398) to aid in the establishment and temporary support without any particular reference to it, know that under the homestead of common schools, the pending question being on the motion of Mr. law and the vast increase of settlements in the West, the number of PLVl\'IB to recommit the bi)l to the Committee on Education and Labor. land patents issued has been increasing continually year by year, and 1\fr. COKE. Mr. President, I said all that I cared to say on this was especially large during this period. But I presume my friend from bill early in the debate and shall be as brief as I can now in fort(fying :Missouri now having made the proposition will withdraw it. arguments then made. I would not have said anything further had not · Mr. COCKRELL. Why, Mr. President, there is no Senator in the the debate taken a wide range and the position assmned by me in the ar world that I would take more pleasure in aecommodating than the dis gument heretofore made been assailed with a good deal of vigor and tinguished Senator from Michigan; but thew hole committee was acting _plausibility. on this, and I am sim_ply bringing this bill down to the understanding I am opposed to this bill. I am opposed to it on constitutional of the committee. grounds and~ am oppo ed to it on grounds of policy and expediency. Mr. HOAR. l\Ir. President, the committee meant to pay this man for I do not believe that Congress has the constitutional power to pass the hisnight-work. Hehadadutyimposed upon him, andifattheendofthe bill, and if Congress does possess the power I believe it would be un fair, decent, honest business hours he had etopped and said, ''I shall not wise and inexpedient to exercise it. work any more to-day," he would have drawn his saJ.ary, and nobody This bill appropriates 105,000,000, to be expended over a period could have found fault with him, and if the patents had been delayed of ten years in the partial support of common schools in the several and piled up and accumulated in the office the investigation would have States of the Union. The money to be expended is to be raised by disclosed simply that Congress had pinched a little too closely. The taxation upon the people of the United States. I do not believe that committee found that this man, instead of going home, as he had a right the common schools of the several States and their partial or their total to do, at sundown, sat there to accommodate these patentees who were maintenance is a subject within the jurisdiction or power of the Con entitled to their lands into the night untill, 2, and 3 o'clock in the morn gress of the United States, and I do not believe that the ~ngress of ing, and did this mass of work. Of course l,OOOisaroundnumber; if the United States has the power to tax the people of the United States the Senate thinks $2,500, instead of 4,000, would be a reasonable and in order to raise revenue to expend upon a subject not within the juris proper sum, that is another thing, but the mere fact that the chairman diction of Congress. I believe, 1\Ir. President, that the great power stated-- of taxation can be invoked only for the purpo e of raising revenue to Mr. ALLISON. Do I understand the Senator from Massachusetts carry out and execute the powers of Congress. I do not believe that to say that the committee had evidence before it that this gentleman that great power can be invoked for the purpose of raising money to be worked every night during these three years to 1 or 2 o'clock in the expended on an object outside of the jurisdiction of Congress. • morning signing patents? Therefore, Mr. President, I do say that when gentlemen establish Mr. HOAR. I did not say so. the power of Congress to pass this bill, to tax the people and appropriate Mr. ALLISON. That is the basis of this claim. this money, with the establishment of that power they establish the Mr. HOAR. They had evidence of the extent ofhisni~ht-work which jurisdiction and the power of Congress over the common schools of the was understood and reported by the chairman or whoever investigated States. If Congress bas jurisdiction over the common-school systems the case. I do not undertake to affirm that every night he was up till of the States, then Congress can tax the _people and raise the money 3 o'clock. and expend it in the maintenance of those schools; but if the illiterates 11Ir. HARRISON. Can theSenatortell about what the average num of this country are subject only to State control, if the common schools ber of patents signed per day was? of this country pertain only to the jurisdiction of the States, if Congress The PRESIDING OFFICER. Thehourof2o'clock has arrived, and has no power to control and manage them, then I think as a logical the Chair lays before the Senate the unfinished business, being the bill consequence that Congress has no power to make appropriations for (S. 398) to aid in the establishment and temporary support of common their support and to tax the people for that purpose. schools. Gentlemen who desire this appropriation for the support of common lli. CAMERON, of Wisconsin. If that bill can be temporarilylaid schools in the States must take it cum onere. They can not claim it as aside informally until action can be had on the Crook bill I shall be a gift; they can not say that Congress has the power to tax the people much obliged. to give money to the States for the school system and has no power to Mr. ALLISON. Will not this bill come up to-morrow morning? follow it and see to its administration and its disbursement. They can Mr. CA?tiERON, ofWisconsin. Yes. not say that, because Congress has not the power to call on the peo Mr. BLAIR. How much time does the Senator think it will take? ple of this country to contribute of their means for any other purpose Mr. CAMERON, of Wisconsin. Five minutes, I think, will do. than for revenue. Revenue for what? Revenue to be expended within Mr. BLAIR. I will consent for five minutes. the constitutional jurisdiction of Congress. Mr. CAMERON, ofWisconsin. Say ten. My friend from Mississippi who spoke last and sits nearest to me Mr. BLAIR. Very well, ten. [Mr. GEORGE] says I must prove that proposition. I can prove it. I • The PRESIDING OFFICER. The Senator from Wisconsin asks that will prove it to the satisfaction of any impartial gentleman whosejudg the Crook bill be further considered. ment is not obscured by an inordinate desire for a big appropriation. Mr. BLAIR. Not exceeding ten minutes. Now I invite the Senate to the consideration of some authorities I Mr. COCKRELL. Let it stand over until to-morrow. will read upon this subject. They are brief; they will take but little The PRESIDING OFFICER. Is there objection? time. I do not intend to detain the Senate long, and I ask the atten Mr. COCKRELL. I object. I can not give unanimous consent. tion of the Senators while I am on the floor. The PRESIDING OFFICER. There is objection. I hold in my hand Cooley on Taxation. Its author, Judge Cooley, :Mr. CAMERON, of Wisconsin. Allow me to state that it appeared is a constitutional lawyer of national reputation, and his law works are from the evidence before the committee that the number of patents books of standard authority in our courts. Judge Cooley defines taxes: signed by this clerk during each year exceeded 40,000, and he is required Taxes are defined to sign each patent twice. He was required to receipt for all the pat Says this author- entB received by him and to take a receipt for all patents delivered by as being the enforced proportional contribution of persons a.nd property levied him. He was required to keep a regular book in which the number of by the authority of the state for the support of the government and for all the parent was entered, and on which it appeared that that patent had public needs. been delivered to the person authorized to receive it from him; so Not to enable the Government to make gifts, as the Senator from that his duties were really very onerous. Mississippi claims. 1884. CONGRESSIONAL RECORD- SENATE. 2461 That is Judge Cooley's definition of taxation. Again he says: '' For great national,'' not State, ''purposes.'' Again: They are the propert.y of the citizen, demanded and received by the govern It is believed that there is not a corporation in the Union which does not ex ment to be disposed of to enable it to carry into efl'ect its mandates and to dis ercise great discret.ion in the application of the money raised by it to the ~ur charge its manifold functions. poses of its institution. It would be strange if t~e Government of the. Umted States, which was instituted for such important purposes.and e!ldowed With s~ch Not to distribute as gifts on subjects outside of its jurisdiction. extensive powers, should not be allowed at least equal discretiOn and authonty. Again says the author : The power of taxation is an incident of sovereignty, and is coextensive with Now mark you. Mr. Monroe says: that of which it is an incident. All subjects, therefore, over which the sov The evil to be particularly avoided is the violation of State rights; shunning ereign power of the state extends are, in its discretion, legitimate subjects of that it seems to be reasonable and proper that the powers of Congress should taxation; and this may be carried to any extent to which the government may be~ construed as that the General Government in its intercourse with other choose to carry it. nations and in our internal concerns should be able to adopt all such measures Again, after enumerating a number of maxims on this subject, the lying within- author says: • . Mark you, "lying within"- All these maxims assume that taxation is laid for the purpose of obtaining the fair scope and intended to fadlitate the direct objects of its powers- a revenue. Within the definitions given, the burden would not be taxation if revenue were not the purpose. "Of its powers." Are the common schools of the States within the Yet my friend from Mississippi says that the people can be indefi powers of the Government of the United States? If they are, this bill nitely taxed, not for the revenue, but to make gifts and presents to others is constitutional. If they are not, this bill is wrong and unconstifu beyond the jurisdiction of the Government. tionaL According to Mr. Monroe, who announced the federal doctrine, But again says the author: the doctrine upon which my friend from Mississippi has chosen to !est his argument, it was intended that the Government of the Uruted All definitions of taxation imply that it is to be imposed only for public pur poses, and whatever difference of opinion may exist regarding the admissibility States- of taxation in particular cases, the fundamental requirement that the purpose should be able to adopt all such measures lying within the fair scope and in shall be public will be conceded on all sides. tended to facilitate the direct objects of its powers as the public wel.fa.re may re What is a public purpose but a purpose of the Government which quire and a sound and provident policy dictate. lays the tax to do a thing within its jurisdictional power? Does that look as if Mr. Monroe intended to go into a State and to But again, and here I ask the special attention of the Senate, because assert power over a State institution? Tha.t is the authority upon which wha.t I now read cov~rs the whole question- the Senator frem }fississippi planted himself. 1tt1r. Monroe has an In considering- nounced a. doctrine which concurs precisely with what I have just read Says the author- from Judge Cooley. Taxation and appropriation must be intended to the legality of. the purpo e of any particular tax, a question of first impor operate within the powers of the Government which 1evies the tax and tance must always concern the grade of the government which assumes to levy makes the appropriation, and must be for a national p~ as C?ntra it. The "publi.c" that is concerned in a legal sense in any matter of govern distinguished from a purpose within a State. There 1s no question of ment is the public the particular government has been provided for; and the " public purpose" for which that government may tax is one which con it. The proposition that one government may levy a tax to be expended cerns its own people, and not some other people having a government of its in another government is preposterous. It is at war with every idea own, for whose wants taxes are laid. There may, therefore, be a public pur upon which any system of taxation. in any representative or civiliz~ pose as regards the Federal Union which would not be such as a basis for State taxation, and there may be a public purpose which would uphold State taxa government is founded. The taxation that under our Government IS tion but not the taxation which its municipalities would be at liberty to vote legitimate is taxation only for revenue, to enable the Government to ex and collect. The purpose must in every instance pertain to the sovereignty ercise its powers and supply its needs. with which the tax originates; it must be something within its jurisdiction so as to ju tify its making provision for it. The rule is applicable to all the subordi We have theories of taxation. A tariff for revenue only is one; a. nate municipalities; they are clothed withpowerstoaccomplishcert.ainobjects, tariff for revenue with incidental protection is another; but if the and for those objects they may tax, but not· for others, however interesting or theory of the Senator from Mississippi prevails we must have a third, important, which are the proper concern of any other government or jurisdio tion. State expenses are not to be provided for by Federal taxation, nor Federal and it must be a tariff in order to raise revenue to give away. expenses by State taxation, because in neither case would the taxation be levied The whole theory of taxation is that the Government needs it, and I by the government upon who e public the burden of the expenses prope!lY re~ts. plant myself upon the proposition that not one dollar, as Judge Cooley To provide for such expenses would consequently not be a purpose m which the people taxed would in a legal sense be concerned. says, can be taken as taxes not needed to carry out the administration of the Governmentin theexecutionofil:8governmental functions. He Here is an authority which es~blishes in all its length and breadth says that any taxation not intended for that purposeis not taxation; it the very proposition which I announced in the first speech I made on is simply taking it by superior force. this bill and which my friend from Mississippi so vigorously contro Here is a bill before the Senate appropriating $105,000,000 to be ex verted. He says that the Government of the United States may tax pended, not for a national purpose, says my friend .from Mississ_ippi, but the people for a public purpose not of the United States but of the sev for a purpose pertaining to the government of the States; this money eral States. Judge Cooley says that the public purpose for which a tax raised by taxation not to be used as revenue, but to be delivered as a may be levied must be a. purpose of the government levying the tax gift to States for a purpose over which he claims that the States have a.nd within its jurisdiction to provide for. exclusive jurisdiction. I say that whenever he claims that_the States I deny that the common schools of these United States are within the have exclusive jurisdiction over public schools he will stultifY himself jurisdiction of the Congress or the Government of the United States. I to vote for this bill, and if h~ votes for the bill and the Federal Govern deny that proposition. I say that they are within the jurisdiction of ment chooses to take charge of the schools of this country he is estopped the governments of the States, that they are hedged about and encir to deny their power or their right to do so. -There is no mode of getting -cled by the reserved rights of the States. I deny that the Go:vernment away from that propo.sition. It can not be evaded; it cannot be dodged; ()f the United States can enter that circle and take charge of those things it is as inexorable as fate itself. embraced in it, or that the Government of the United States has the If the Government of the United States has a right to draw money power to impose taxes upon the people for the purpose of going outside from the people by taxation to support the common schools of the States, of its own jurisdiction into the jurisdiction of the States and expending it is because the common schools of the States are a public purpose within the money so raised. the powers of the Government of the United States for which those The Senator from Mississippi says the Government of the United States powers may be put into exercise, and the schools may be partially sup has no jurisdiction over the schools in the States, yet he advOC3tes this ported, as this bill proposes, because the Government does not choose bill, which appropriates $105,000,000 to be drawn by taxation from the to do more; but whenever the Government chooses to do more and to people, to be expended on schools in the States, when Congress, by all take entire possession of them, the fad that they have the power to the authorities, has no power to tax the people except for a public pur make the appropriation is conclusive upon their right to take them and pose within its own jurisdiction. The Senator's position is inconsistent to administer them, because the laws of Congress are supreme within and illogical. the jurisdiction of Congress. · The Senator from 1-tfissi.ssippi demanded of me to establish the posi In order to escape the force of that argument it has been said here ttiion that the Government of the United States have no right to tax the that the Government grants public land, and that. they have as much people of the United States in order to raise money to make gifts to the right and power to _grant money as they have to grant land. The Sena t:;tates. I think I have done this, but will go further. The honorable tor from Arkansas LMr. GARLAND], who was kind enough to give me Senator from Mississippi plants himse1i upon the doctrine of Mr. Mon a copy of his very able speech printed in pamphlet, devoted the great 'l"Oe. Mr. Monroo announced the doctrine that is now set up as the true bulk of his speech to the proof of the fact that from the beginning of doctrine, while the Senator believes that the Madison doctrine origi the Government to the present time Congress has been granting public nally was right. What does Mr. Monroe say on this subject? I have lands in aid of education. Nobody has ever denied this; I have never . here an extract from Mr. Monroe's writings read in a former but recent denied it. I have stated that I will vote to-morrow for a. bill granting -debate by the Senator from Florida [Mr. CALL J from which I will read. public lands to the States in aid of education, because we have a right Mr. Monroe says: to grant t.hem; but we have not the right to grant the people's money - Have Congress a right to raise and appropriate the public money to any and taken from them by taxation. The Senator from Arkansas devotes thE' .to every purpose according to their will and pleasure ? They certainly have not. The Government of the United States is a limited government, instituted bulk of his speech to showing instances in which the Government ex .for great national purposes, and for those only. ercised the power to make donations of land in aid of education in the 2462 CONG~ESSIONAL RECORD-SENATE. APRIL 1, States. Here is where he makes the only argument that I find in the under the doctrine contained in the cases I have referred to Congress have a large and magnificent portion of territory under their absolute control and dis speech in favor of giving money as well as land: posal. And as the Senator from Florida well said, if you could grant lands you could of cow-se grant the money; if you could grant land worth a dollar and a quarter" That is what Chancellor Kent says. I will now refer to what Judge an acre you could grant the dollar and a quarter in money. Story says on this subject, and Judge Story is authority anywhere and That is the Senator's argument. The senior Senator from Missis everywhere. !n his Commentaries on the Oonstitution he says : sippi [Mr. LAMAR] stated in his speech that the refinement which The power of Congress over the public territory is clearly exclusive and uni versal; and their legislation is subject to no control, but is absolute and unlim would make a distinction between granting land and money was too ited, uulcss so far as it is affected by stipulations in the cessions or by the ordi great for his comprehension, and that if one could be granted so could , nance of 171!7, under which any part of it has been settled. the other. That is the way I understood him. 1\fr. GARLAND. I hardly ever interrupt a Senator, b11t I should There are two greatauthors, accepted authorities on the Constitution like to ask the Senator from Texas a question. of t.be United States, who say that the power of Congress is absolute The PRESIDENT pro ternpore. Does the Senator from Texas yield andpnlimited. Here is what Judge Story says again: to the Senator from Arkansas? In. t?e view of~ doctrine, what is to be thoug:ht of the recent purchases of ~wsmna and Flonda? If there was danger before, how mightily must it be 1\Ir. COKE. Certainly. mcreased by the a-ccesswn of such a vast extent of territory and such a vast in Mr. GARLAND. How did the United States get the lands that crease of resources? Hitherto the experience of the country has justified no were given away by the Government in the instances that I mentioned? alarms on this subject from such a source. On the other hand the public lands hold out, after the discharge of the national debt, ample reven~es to be devoted . Mr. COKE. They acquired some of them by war and conquest and to.the cause of .education and sound learning and to internal improvements some by purchase. They got the Louisiana ceuntry by purchase. Without trenching up~m the property. or ~mbarra~sin~ the pursuits of the people 1\lr. GARLAND. That is what I want to get at. by burdensome taxatiOn. The constitutiOnal obJection to the appropriation of the other revenues of the Government to such objects has not been supposed to 1\Ir. COKE. They got the Western Pacific slope by conquest. apply to an appropriation of the proceeds of the public lands. 1\fr. GARLAND. Taking those that we got by purchase and for which we had to pay money, if we could pay the money for those lands Is not that a great authority? Yet the honorable Senator from Ar and grant the lands after we bought them, could we not just as well kansas dis~es this entire question~ three lines ~y saying, ''If you have given the money as to have given the land? can appr~prtate land you can appropriate money raised by taxation.'' Mr. COKE. That is the argument that was made by the Senator I hold m my hand the a-ct approved June 23, 1836, providing for the from Mississippi [Mr. GEORGE], which I would have come to presently. distribution of the surplus in the Treasury among the several States. I was simply going to say with reference to that that Congress acquires At that time there was a surplus of some $28,000,000 found in the land like that including the mouth of the Mississippi River, the Louisi l!~ury! and ~ bill was introduced into Congress providing for the ana purchase, moved by great pTinciples of public policy, and they get distribution of 1t among the several States. That bill provided for the it under the treaty-making power, not under the general-welfare clause. deposit with the several States of this money in proportion to their rep Congress gets that land moved by a sagacity which looks far ahead and resentation in the two Houses of Congress subject to the call of the sees the time when this country will need all the acquired territory, Government of the United States, to be paid back whenever it should be and especially the mouth of a great inland sea like the Mississippi called for. That bill produced a great debate in the two Houses of Con River. gress. 111r. Benton, of 1\fissouri, led the opposition to it. He said then 1\Ir. HARRIS. And especially ti> acquire the jurisdiction over it. what has proved true since, that the deposit was provided for only as an Mr. COKE. And especially to acquire the jurisdiction over it, as the evasion of the constitutional objection to giving it to the States. He de Senator from Tennessee suggests. nounced it as a fraudulent .~vasion of -f,he constitutional objection to 1\lr. GIBSON. Will the Senator from Texas permit me to interrupt giving it to the States. It was money too that came into the Treasury, for him? the most part, almost exclusively from the sale of the public lands. Mr. 1\fr. COKE. Allow me to answer one at a time and then I will give Benton contended that it would be unconstitutional to give that money way. The Senat(lr from Arkansas asks me, if Congress can pay for land to the States, and he said that the bill was framed in that shape, know money that is drawn from the people by taxation and can give the land ing well that the Government would never call for it, in order to evade away, why can they not give away the money? If we could imagine this constitutional objection. The Government has never yet called an American Congress corrupt enough to go to work to trade for land fm; for a dollar of it, and Mr. Benton's prophecy has been literally ful the purpose of giving it away the Senator's question would be pertinent; filled. but when all the land we have ever acquired is acquired solely with. I challe~gegentlemen who have not examined that debate to examine reference to great national exigencies and purposes, the ownership of it. They will find that the friends of that bill-the men who voted the public land is the smallest incident connected with it, and the right for the distribution-placed their votes upon the ground that there was to a.cquire it includes the right to dispose of it. The right to acquire a casual, unxpected, unusual, unlooked-for amount in the Treasury and includes the jus disponendi. they would vote for its distribution, but each one of them declared . Mr. GARLAND. Does not that apply to money as well as to land? that he would never vote for and Congress .conld not constitutionally l\1r. COKE. Whenever you go to war with M:exico, or Spain, or Eng legislate a surplus into the Treasury in order to give it to the States, as land, or any other nation, and by conquest get hold of money, as a mat the pending bill proposes to do. That was declared by the friends of the ter of course you have aright to disposeofit; but! saywhenyoumake bill-by the gentlemen who voted for it. They said they voted for it provision in advance for taxing the people for ten years you can not by because the money was unexpectedly in the Treasury, and the General the Constitution tax the people in order to give that money away. I Government had no use for it, and therefore they would vote to de~t will read something thatChancellorKentsayson this subject. I stated itwith th_e States; buttheydeemed it necessarytosaytha.t theywould in my argument the other day a proposition which was controverted by never leg:u;late to collect a surplus in order to distribute it, because the Senator from Mississippi, that the power of Congress over the pub they believed it would be unconstitutional to do it. The history of lic land was absolute. He denied it. those times show these facts. The PRESIDENT pro tempore. Will the Senator from Texas suspend 1\Ir. President, here are gentlemen claiming it to be in the power of for a moment? The Chair understands that President Grant is at this the Government to tax the people, to send the tax-gathereramongthem end of the Capitol with a personal friend, a gentleman who is attend and take of their substance and give it away outside of the jurisdiction ing him. General Grant of course is entitled to admission on the floor. of the-Government, who claim that that power exists because the United The Chair asks unanimous consent that General Grant's friend may States Government has habitually been giving lands to the cause of come with him on the floor. Is there objection? ["None ! "] The public education. That is their great argument in support of this bill. Chair hears none; and it is so ordered. In the one case the very definition of the term '' taxation '' forbids any 1\Ir. COKE. Here is what Chancellor Kent, a high authority, a com such disposition of it, while the other stands confessedly within the un mentator upon our Constitution, one of the greatest lawyers and chan limited and absolute power of Congress, without any restraint whatever cellors who ever lived in this country, says: upon Congressional discretion. That is the difference between them. The Senator from Mississippi [1\ir. GEORGE] hinged his argument Congress have the exclusive right of pre-emption t.o all Indian lands lying within the territories of the United States. This was so decided in the case of very largely on the clause oftlie Constitution governing public land as .Johnson vs. Mcintosh. Upon the doctrine of the court in that case, and in that including money under the term ''or other property.'' Section 3, arti of Fletcher vs. Peck, the United States own the soil as well as the jurisdiction cle 4, of the Constitution reads thus: of the immense traets of unpatented lands included within their territories and of all the productive funds which those lands may hereafter create. The title The Congress shall have power to dispose of and make all needful rules and is in the United States by the treaty of peace with Great Britain, and by subse regulatiollil respecting the territ-c:>ry or other property belonging to the United quent cessions from France and Spain, and by cessions from the individual States. States, and the Indians have only n. right of occupancy, and the United States possess the legal title !!Ubject to that occu,pancy, and with an absolute and exclu The Senator from Mississippi says that the word~ ''or other prop sive right to extinguish the Indian title of occupancy either by conquest or erty" include money raised under the geneTal-welfa ::l clause by taxa purchase. tion. I will read to the Senate from Paschal's An .. otated Constitu Again, says the author: tion. I have the report here on my desk towhich he refers. Says the The Constitution gave to Congress the power t.o dispose of and to make all author: needful rules and regulations respecting the territory or other pro:Perty belong And the same power of making needful rules respecting the territorY is in ing to the United States and to admit new States into the Union. Since the precisely the same language applied to the other property belonging to the Constitution was formed, the value and efficacy of this power have been magni United States, associating the power over the territory in this respect with the fied to an incalculable extent by the purchase of Louisiana and Florida; and, power over movable or personal property-that is, the ships, arms, and muni- 1884. CONGRESSIONAL RECORD-SENATE. 2463 tiona of war which then belonged in common to the State sovereignties. .And it if we may go outside of the objects embraced in the grants and pur will hardly be said that this power in relation to the la-st-mentioned objects was deemed necessary to be thus especially given to the new government in poses of the Constitution and appropriate the people's money at will, order to authorize itt<> make needful rules and regulations respecting the ships give it away, as· Senators say we can, on objects outside of the juris it might itself build or arms and munitions of war it might itself manufacture or diction and powers of Congress? The power of taxation, which we all provide for the public service. (Scott vs. Sanford, 19 Howard, 436.) admit to be ne.cessarily unlimited as to amount, when coupled with The court held in that case that this clause of the Constitution re the unlimited power of appropriation, without reference to the ends ferred only to the public lands and territory, and to the personal prop and aims and purposes prescribed in the Constitution, claimed by the erty in possession of the Government at the time of the formation of supporters ofthisbill, creates exactly the despotismsographicallypor the Constitution. One of their arguments in support of that position trayed by Justice 1\-filler. was that it would not be deemed necessary to give special power to Con The honorable Senator started out apparently to perform the impos gress to dispose of its ships and movable property that it should acquire sible feat of riding two horses at the same time going in different direc afterward because the power to acquire would include the power to dis tions. He advanced State-rights doctrine in the commencement of his pose of this property. But I find that this clause is still referred to speech that would satisfy the mind of the strictest of State-rights people, and regarded by the different commentators on the Constitution as gov and when we get through with his argument we find him asserting erning later acquisitions of territory. But the argument of the court pow.ers for Congress which in my judgment have never before been in the Dred Scott case shows that it was not necessary with reference claimed by any public man of high position in the United States. to the newly acquired territory to have this clause, because if Congress The Senator is seeking to get a share in this bill without taking it had the power to acquire the territory, it had full power over it and to with the conditions that attach to it. He says distinctly that the Gov dispose of it; so it all amomits to the same thing anyhow. The hon ernment of the United States have no power over the subject of educa orable Senator from Mississippi hinges his entire argument upon a con tion in the States. He says the Government of the United States can struction of this clause which makes the words ''or property'' mean makea giftofthis money, bnt thattheyhave nopowerand.noauthority money in the Treasury and placed there by taxation, which he says Con to say that a State shall take it. There is where I take issue with him. gress may give away at pleasure, just as Congress may give away the The Government of the United Btates have no power to make this ap public lands. propriation unless the purpose is one within its constitutional jurisdic I will refer in this connection to something that was said by the Sen tion, and if it is within its constitutional jurisdiction it has the power ator from Mississippi. In the beginning of his speech he said: to enforce it in the States. There can be no middle ground. You can That the phrase " to provide for the general welfare of the United States " used not take this money and say the Government have no right to follow in the taxing clause which I have read is not a substantive, distinct, and inde pendent power, under which Congress may do anything deemed by It to be con the moneyand prescribethe conditionsunderwhichitshall be expended ducive to the general welfare, is, I think, now well settled in the practice of the and how ib shall be expended. Yon are seeking to establish the power legislative and executive departments, as well as by the decisions of the courts. ofthis Governmentto make this appropriation, and whenyouestablish That the Federal Government ·is one of delegated, limited, and enumerated powers is not now, I believe, denied. that power you establish the jurisdiction of the Government over the It seems to be conceded that whenever we exercise a power we are bound to public schools of the States, because unless it has that jurisdiction it look to the Constitution for it; and that any exercise of a power not granted by has not the power to make the appropriation. . the Constitution is on our part a. pure usurpation. These are my views, at least, and I shall adhere to them. · Mr.· GEORGE. Will the Senator allow me to interrupt him? Mr. COKE. Certainly. Here is a declamtion of State rights upon which Mr. J e:fferson would Mr. GEORGE. If it be true that the power to control the education have been content to have rested himself. He would have been will 6f the States necessarily results from the power of Congress to make a ing to go to the world on it, for Mr. Jefferson never made a clearer or donation or appropriation in aid of it, why does not that same result stJ"onger statement of State-rights doctrine than the honorable Senator follow from an appropriation of land? from Mississippi did in making this statement of the views which he Mr. COKE. It is not an appropriation but a donation of land. says are his and which he says he intends to adhere to. In the very Mr. GEORGE. A donation, then. Call it a donation. I shall not next column the Senator from Mississippi says: have a quibble about words. If Congress possesses the power to give, Mr. President, if it were a new question, if I were at liberty to put for the first to appropriate, to donate, or to use money in the aid of education, and time a construction on the words in the taxing clause of the Constitution "to provide for the general welfare," I would say that the provision for this welfare that power necessarily involves the power to direct and control edu must be by an appropriation of money-to carry out some one or more of the grants cation in the States, then I ask the Senator to answer the question why specially enumerated in subsequent clauses of the Constitution. I believe Mr. does not th~ same result follow from the same power with reference to l'!adison's view on that subject was the correct one as an original question. But, sir, that construction is no longer possible. Congress has exercised, with the lands? · consent and approbation of the people from the very beginning of the Constitu Mr. COKE. For this reason, I will say to the Senator- tion to the present time, the power to appropriate money for purposes which they Mr. GEORGE. Now let us have it. judged were for the general welfare and outside of the scope of the other powers specially enumerated in the Constitution. It is now settled that Congres may Mr. COKE. I think the Senator has not been paying much atten appropriate money not intended to carry out ny specific grant of power, but tion to myremarks. solely to provide for the general welfare of the United States. Mr. GEORGE. I have beenpayingagreatdealof attention to them. His first would have made Thomas J e:fferson happy; Alexander Ham Mr. COKE. I flattered myself that I had already explained that sub ilton would have gone into ecsta-cies over the last. He says the clause iect to the satisfaction of those who listened to me. It is for this rea of the Constitution that I read just now converts propertyinto money. son: Congress, as Judge Story says, as Chancellor Kent says, as the He says that under the general-welfare clause Congress may tax indefi Supreme Court have said in numbers of instances, possesses absolute, nitely, and that under this other clause Congress may give away indefi unlimited power over the public lands. nitely. Mr. GEORGE. That does not answer the question. The question Mr. GEORGE. That is your view of my position; that is ail. is whether, conceding Congress to have a certain power, anot,her power Mr. COKE. I have your language here; let the country judge it. nece.i!Sarily results from that. I do not deny the power of Congress to I would J;J.ot misrepresent the Senator, but I do say that the honorable make the appropriation of land. I do deny that when Congress makes Senator has taken the ground here, and his speech is printed, that Con the appropriation it can control the educational system of the States. gress may tax under the general-welfare clause, may appropriate under The Senator's argument is as to money raised by taxation, that if you the general-welfare clause, outside of any specific grant in the Constitu grant the power to give, to appropriate, to donate, you-ooricede the power tion, and he steps down to this other section and by a vio~ent transfor to manage and control. Why does not the same result follow when mation, negatived by every judge and everybody else who has ever you concede the power to grant lJ;I,nd? Is there anything in the nature of construed it, and changes the word "property" into "money," and land as compared with money which would make the distinction? with the two clauses together gives Congress the power over the people Mr. COKE. The distinction is here: that Congress has no power to of this country and their property and their revenues that the Czar of levy taxes and to collect money except for purposes within its consti Russia in his wildest dreams never imagined himself possessed of over tutional jurisdiction, except to advance purposes over which it has con his subjects. stitutional power and where the duty rests upon Congress to give it. The Supreme Court of the United States in Loan Association vs. To That is the theory of Mr. Cooley; that is the theory of Mr. Momoe; peka, reported in 20 W al.lare, through its organ Justice .Miller, discussing that is the theory of taxation itself. You can not lay taxes except for and denyiB.g the unlimited power of taxation and appropriation, said: revenue, and revenue means money needed to e.;:ecute the powers of the Government. I ask you what powers of the Government, under It must be conceded that there are such rights in every free government be .yond the control of the state. A government which recognized no such ri~hts, your construction, are being executed by the revenues paid into the which held the lives, the liberty, and property of its citizens subject at all tunes States for the common-school system? In reference to land, the land to the absolute disposition and unlimited control of even the most democratic is under the absolute and unlimited power of Congress. The principles depository of power is after all but a despotism. It is true it is a despotism of the many, of the majority, .if you choose to call it so, but it is none the less a. applicable to taxation do not apply with reference to lands. All of our despotism. It may well be doubted if a mlill is t-o hold all be is accustomed to authorities, our commentators, our statesmen, our judges, admit that call his own, all in which he hasplaced his happiness, and the security of which the Government is the proprietor, the owner of the lands, and may do is essential to that happiness, under the unlimited dominion of others, whether it is not wiser that this power should be exercised by one man than by many. with them as the Government pleases -give them away, sell them, or The theory of o'Ur Governments, State and national, is opposed to the deposit of do anything it pleases with them. unlimited power anywhere. The legislative, the executive, and the judicial Mr. GEORGE. Will you allow me to interrupt you a.:,aain? branches of these Governments are all of limited and defined powers. Mr. COKE. Certainly. _ Where, I ask, is the limit to the taxing power of this Government Mr. GEORGE. I wish to call the attention of the Senate and ofthe . 2464 CONGRESSIONAL RECORD-SENATE. APRIL 1, Senator himself to the fact that he evades the question which I put to about on its last legs anyway, and therefore I do not think that his him. The question is not as to the power of Congress to give this money argument upon that point rises to the dignityofrespectable sophistry. or the power of Congress ta donate land, _but concediRg them both for 1\'lr. GEORGE. Will the Senator allow me to interrupt him? the purposes of the argument, the question I put to the Sen:Ltor is, why Ur. COKE. Certainly. is it that the constitutional power, if it exists, given to Congress to ap 1\Ir. GEORGE. The Senator's argument is that the validity of a dis propriate money involves the power to invade theStates and to destroy position of land made by an act of'Congress does not depend upon the their institutions when the same constitutional power to grant lands, pu.rpo e and the end to which the land is donated or dispo ed of, but unlimited as the Senator says, does not involve the S:lme consequence? on the secret intent which the members of Congress may have had in Mr. COKE. . It is in consequence of the difference between the pub reference to it. lic land and money raised by taxation. The Government has no right 1\Ir. COKE. Oh, no; you can not put that construction upon it when to raise money except when it needs revenue in order to enforce the you understand my argument, and as I think the country, so far as it powers of the Government, and land comes to the Government and is gives any attention to the subject, will'understand it. I mean to ay held by the Government as a proprietor, without limit, absolutely. that the great taxing power of this Government, granted to enable Con Mr. BECK. Will the Senator from Texas allow me to make a sug gress to discharge its functions and carry on the Government-that gestion? power which Chief-Justice Marshall described trulywhenhesaid ''the Mr. COKE. Certainly. power to tax is the power to destroy' '--can not be used because of limi Mr. BECK. The Government of the United States can give·home tations in the Con.:,""titution, and others not written in the Constitution steads to men from all over the world as soon as they declare their in but inherent in every free government, to raise money to be dealt with tention to become citizens of the United States, and they do it. Can and used at the will of Congress, as the public lands can be, which Con the Government of the United States tax the people to give those for gress confessedly have ab olute, unlimited, and unquestioned power and eigners money to buy the land with? control over. Mr. GEORGE. And, let me ask, can it tax the people to buy the 1\f:r. BUTLER. And land is acquired in a very different way from land out of which it will give the homestead? money. Mr. BECK. It never did, and never thought of it; but if it ac Mr. COKE. Of course. They have been acquired by war, by diplo quires the land legitimately, the right to dispose of it comes with the macy, by treaty, and by purchase, not for the purpose of giving to Con possession. The Government does give homesteads to foreigners, but it gress a chance to give them away, but in pursuance of a grand national can not tax the people to give those foreigners money to buy land with. policy looking to the future of a great people. Money raised by taxa Mr. GEORGE. Every single acre of land that we own west. of the tion was expended in their acquisition, it is true, but when acquired :Mississippi River-- and brought into possession the Government became the proprietor of The PRESIDING OFFICER (1\:fr. HARRIS in the chair). The Chair them, and the absolute power of Congress attached to them. To hold wishes to ascertain whether the Senator from Texas, who is entitled that because Congress in exercise of the unlimited power the Constitu to the floor, yields to the Senator from Mississippi. tion has given it over these lands has given them to the States for various Mr. BECK. I beg pardon. purposes as donations, therefore Congress can use the great and de Mr. COKE. I will yield for a moment longer. structive power of taxation, limited and guarded as it is, confined and Mr. GEORGE. Every single acre of land that the United States jealously restricted as it is in the Constitution, to raise money to give ever owned west of the l\fississippi River, every acre that it ever owned away, seems to me utterly devoid of reason or logic. in Florida, Alabama, or Georgia, was bought by money raised by taxa The Senator from 1tfississippi is the .only Senator who has e sayed an tion. argument upon this point. The argument of the Senator from Arkan 1\fr. BECK. Allow me just to add to that sas [Mr. GARLAND] is contained in four lines. The Senator from Mr. GEORGE. In a moment. Georgia [1\Ir. BROWN] says the argument of the Senator from Arkansas Mr. BECK. I will sit down, then. I asked the question. is conclusive. The senior Senator from 1\.Ii..qgisSippi [Mr. LA IA.R] says The PRESIDING OFFICER. Does the Senator from Texas yield to that the arguments which distinguish between the right to give land the Senator from Mississippi or to the Senator. from Kentucky? and money are too refined for his comprehension. Mr. COKE. I will yield for a moment. 1\Ir. LAMAR. The distinguished Senator from Texas has not done Mr. GEORGE. I would be glad to say a word. me the honor to give the attention to my argument which I always ac Mr. BECK. Just this moment and I am done. cord to his. The PRESIDING OFFICER. The Chair intends to understand who Mr. COKE. I will say to the Senator, if he will permit me, that I has the floor. read it very carefully, all oflt. Mr. GEORGE. I am entitled to the floor, the Senator from Texas 1\Ir. LAMAR. I will repeat what I said. My remark was that the having yielded to me. subtleties about the distinction between the grant of lands and the ap 1\Ir. COKE. I am willing to yield for a moment to either Senator. propriation of money were not beyond my comprehension, as the Sena Mr. BECK. I did not expect to interfere in the matter, but I will tor states it, but that they did not satisfy my mind. now ask the Senator from Mississippi whether or not this Government l\Ir. COKE. I will stand corrected. I did not intend to misrepre has the right to give homesteads of its lands to anybody, and if it has not sent you. done it? Has it not? Mr. LAMAR. The application, however, will also follow different Mr. GEORGE. Are yon through with your question? from the Senator's application of it. The .distinction is as old as the 1\:fr. BECK. No; that is the first one. I assume that you will an hills between the relation which the Government stands to its land as swer, "Yes; it has." Now, having done that, having. done it right a proprietor and its relation to its revenue, to which it stands simply fully, has the Government the right to tax this people to raise money as a :fiscal agent for collection and disbursement. I understand that to give to those men to buy land with? distinction; but my point was, and I will ask the Senator's attention 1\:fr. GEORGE. I will take the Yankee way of answering the Sen to it, conceding the distinction, supposing that you could drive a coach ator, by propounding to him another question. If the Government has and four between the two classes of powers in the relation of the two, a right to give land for purposes of homesteads, has it a right to tax the the intervention by Congress in the educational affairs of the State is people of this country to raise the money to buy the land to make the the same; in other words, that the approp1'iation of money to educa gift? I mean to say right here, that not one single homestead has ever tional purposes carries the Federal Government no further into a State been granted out of any land belonging to the United States except than the donation of land carries the Federal Government into a State. I• land purchased by the:"'taxes of the United States. Then let me an The constitutional objection, the danger apprehended, is not the thing swer the Senator's question further. I deny the right of the Govern granted, but the purpose for which it is granted; and it makes no differ ment, as a donation to a private individual, to grant homesteads. I ence whether it be land or money, either carries the Government as far deny that the Government can select out A, B, or C, or the citizens of into the State as the other and no further. this locality or that locality, and donate to them land. The homestead Mr. COKE. Mr. President, the difference between the Senator and law is an offer to every man in the United States of land upon condi myself is simply this, that I say the Government has not the power to tion of settlement. collect money from the people for the purpose of paying for education Mr. COKE. Now, I think I have been very courteous in yieldingtO in the States, because it is not in pursuance of one of the powers of the .Senators; and I wish to resume the floor. Government, whereas having acquired land over which it hAs unlimited Mr. G.EORGE. Very well. power, it may give it to the States for education if it pleases. The dif Mr. COKE. With reference to land, when the Government goes to ference is in the mode of acquiring the two things and in the powers war and makes a conquest of the land, and when great commercial con given by the Constitution over them respectively. siderations, great considerations of State and national policy, make it Mr. LAMAR. The Senator will permit me. to state my point. If I proper that Congress should purchase land, as it did the mouth of the understand the Senator, his point is that the appropriation of money for Mississippi and Louisiana and other territory, the ownership by t-he educational purposes being attached to a limited power carried the Gov Government of the land is a mere incident to the performance of a great ernment further into a State than the donation of land, which is the act of public policy. I grant the Senator that if he could find a Con result of an unlimited power. . gress corrupt enough to go to work deliberately to make an appropria 1\Ir. COKE. The Senator does not understand me or I do not under tion for the purchase of lands in order to get an opportunity to give stand him, and I suppose we shall har-e to remit the matter to others them away it would be evidence that the American Government was to.judge between us. · 1884. CONGRESSIONAL RECORD-SENATE. 2465 Mr. LAMAR. Owing to my obtuseness altogether. Can a duty be devolved upon the Governmentofthe United States ex Mr. COKE. I do not say that at all. I only state the fact and I cept through its great organic law, the Constitution? If the Constitu will let everybody determine where the trouble is. I do not under tion, either the original or the original with its amendments, as the stand the Senator or he does not understand me. I say that you are Senator from Georgia [Mr. BROWN] said, as my friend from Alabama providing in this bill for an appropriation of $105,000,000 to be col [Mr. PUGH] said, as all the gentlemen on the other side say, if the lected by taxation from the people, which you say shall be applied not Constitution and Ute results of the war devolves the duty on Congress in execution of any of the powers of this Government, but to sustain of taking hold of this question and makingthis appropriation, theCon public schools in the States, a purely State institution. I say the very stituiion never · devolves a duty without conferring a corresponding definitionoftheword" taxation," theverydefinitionofthe term "reve power. If, then, there is a duty of this character resting upon Congress, nue," shows that you have no right to collect this money from the peo there must be a co;rresponding power to take hold of the subject; and ple except in pursuance of a constitutional power to expend it upon if the power to take hold of the subject exists, the power of Congress some object within the jurisdiction of Congress. That is my position. wherever it goes is paramount and superior to that of a State. When It was not acquired for the same purpose as land. We find land in the Congress takes hold of it, its jurisdiction over that subject is absolute possession of the Government and the Government gives it away to any and supreme. This is unquestionably true. I deny that any such body and everybody, gives it to soldiers and sailors as bounties, gives it duty exists. Gentlemen who demand this appropriation and assertthe to homesteaders, gives it to railroadcompanies, gives it to agricultural duty of Congress to make it estop themselves from denying the power colleges, gives it for anything and everything just because Congress has of Congress to take hold of the subject of common schools and adminis an unlimited and unstinted and absolute power over it, in the language tering it in all the States. You c~m not get around that proposition. of Judge Story, and can give it just as it pleases. If it is a duty resting on Congress, there is no duty resting OR Congress Any one who asserts that Congress has the same power by taxation without the power goes with it to execute it. under the general-welfare clause to fill the Treasury with money and My friend the Senator from South Carolina [Mr. BUTLER] suggests then under the same clause give it away just as it would give away to me that the bill requires, as I had forgotten to state, the consent of land asserts a construction which makes a government as absolute in the States to its execution in their limits. TP,en it is conclusive upon the hands of Congress as ever existed on earth, without limitation and the face of the bill that Congress has no right to make the appropria without obstruction in the exercise of its will. Gentlemen can not tion, because if it had the right and the power.to make it and it was its get away from it. No, 1\Ir. President, the proposition is a plain one. duty to make it, it wonld have the power without the consent of the Gentlemen can not escape it. He who votes for this bill estops himself States. There is no question about that. to deny the jurisdiction of Congress over the subject of common schools The honorable Senator from Mississippi says Texas need not take any in the States, because unless Congress has the jurisdiction over that of it unless she wants it. Unfortunately if the power exists with ref subject no power rests in Congress to tax the people to raise the reve erence to one State it exists with reference to all. Texas can not exempt nue to apply to that purpose. herself from the conditions attached to all the other States. If Congress Mr. GEORGE. May I interrupt the Senator? has the power to make this appropriation, if it is the duty of Congress Mr. COKE. Yes, sir. to make it, Congress must necessarily have the power to make it, and if Mr. GEORGE. Very well; I deny the unlimited power of Congress Congress has the power to make it Congress can enforce it upon Texas and to donate public lands. I said this: upon all the other States whether they desire it or not. Senators will not, I take it, contend for such an absolute and unrestricted I believe there is no constitutional warrant for this bill. I am op power. Then there must be some limitation on U. Where do we find the limi posed to it also as a matter of expediency and policy. I believe that tation? I find it only in the general objects and purposes of the Constitution .as expressed in the clause limiting the power of Congress in reference to taxa thio; bill is but the beginning. I believe that it is a Pandora's box from tion; that the appropriation must be for the common defense or the general which only evil will come to the country. I believe that the Senator welfare of the United States. 1f this is not the limitation, there is none. who votes for it if he lives five years will see that he has committed the Then again I said: · mistake of his life in supporting it. But, sir, as money is property. and the clause relied on by the Senator from Mr. President, as soon as this bill passes the confession is made that Texas gives the same power over "other property belonging to the United the National Government can take charge of the common schools of the .States" as over territory or land, what authority is there for saying that the power given in this clause does not extend to money as well as to land, or for States. The question becomes a national one at once; it goes into party .saying that all money is included within the power except money raised by tax politiC& at once. Do you not know what that means down South? Our .ation? There is none that I can perceive, and none has been suggested by that brethren of the North have, comparatively speaking, no negro popula distinguished Senator, and none can be pointed out. So, sir, I insistthatwho .ever; like the Senator from Texas, holds that Congress may, under the third tion among them; it_will not affect them, but it will affect vitally the .section of article4 of the Constitution, give land to aid in education, must, as a States of the South. _w:ammatical as well as logical necessity, concede that Congress may give any Look at our postmasters in the South; look at our other Federal offi 'other property belonging to the United States," including money. cers and at those who gather about them. Jl.iy colleague and myself It was but the reductio ad absurdum of the Senator's argument, and if receiveappeal afterappealdaily frompeopleinmyState, signed by hun the Senator is incapable of understanding my position he is incapable of dreds, saying, ''For God'ssake try to keep the Postmaster-General or the understanding his own. · President from removing A B; he is a Republican, but he is an honest, Mr. COKE. Everybody can judge for himself on this subject. I use good man, and acceptable to us, and if he is removed a stranger that we my own judgment, the Senator may use his, and everybody else may know nothing about will be put in,'' and when we go to the Postmaster cse his. Here is the-language of the Senator from Mississippi: General or President what does it amount to? We can do nothing. The limitation upon the power of Congress over the land is that the land shall Let your public schools be taken charge of by the Federal Government be disposed of for the general welfare. and your children placed under the charge of its instrumentalities while Now, I take issue with him upon that, and say there is no limitation the present party remains in power, and you can imagine in every neigh at all. 1\lr. Story says there is none, the Supreme Court of the United borhood, in every school-house, what the consequences will be; you can States says there is none, and Congress itself in hundreds of instances imagine how trouble will be fomented, how demagogues will stir up has said there is none by making grants of lands to particular States and passion and strife, how the authorities of the Government remote from particular charities and for purposes not affecting the general welfare. the scene will be made to believe things that do not exist in order that Congress can dispose of the lands as it sees proper, and the fact that it other things may be done more distasteful to you. Do you not know ' gives lands for agricultural colleges in all the States has never been held how things will go? The honorable Senator from Ohio [Mr. SHERMAN] to be anything else thana grant to a particular~terest in the particular the other day iu his remarks said, ''We have mixed schools North; our States that received them. So with the individual who gets a home people do not object to them." How long would it take to raise the stead; so with the individual who gets bounty lands for military or question of mixed schools? How long will it take to impress Northern naval services; so with those who get lands as a gift; for building rail sentiment, where they haYe mixed schools universally, that as the Gen roads. These do not come within the purview of the genernl welfare eral Government pays all expense, the white and colored should go to as maintained by the Senator from Mississippi. Nobody ever con the same schools in the South as in the North? How long will it be? tended that they did. Nor has anybody but the Senator from Missis It will not be two years. The negroes will be put up by bad men to sippi that I ever heard of ever yet denied the absolute, unqualified demanding equality, mixture of schools, and it will not be two yea,rs power of Congress to deal with the public lands just as it suits the will before party platforms will be formed with planks in them on this sub .and pleasure of Congress to deal with them. Congress has granted re ject. peatedly lands to individuals, to States, to corporations without refer These results I see as plainly as I ever saw anythblg in the future. ence to the general welfare, and a grant has rarely if ever been made by And why shall we do this thing? . Why shall we walk into what, Congress of lands under such circumstances as to affect the general whether so intended or not, will prove a pitfall and a snare? Why welfare. shall we walk into it and surrender the powers of our home govern ltlr. President, universally on the other side of the Chamber Sena ments? Has it never occurred to any gentleman that if under the tors say it is the duty of the National Government to take hold of the general-welfare clause Congress may make appropriations for the com subject of education in the States. With the exception of the Senator mon schools of this country, that if under the general-welfare clause from Mississippi and the S~nator from Arkansa.s everybody ~ho has Congress can take charge of a subject likethatconfessedlywithin State spoken in behalf of this bill on this side of the Chamber has declared jurisdiction, it can take hold of anything else among the domestic con it to be a dutyofthe General Government to take hold ofthisquestion cerns of a State, and.there is nothing that Congress can not do, because ()feducation in the States. If it is a duty, whence co~esthe duty? Congress legislates for the general welfare, and is itself the judge of XV--155 2466 00NGRESSIONAL RECORD- SENATE. APRIL lr what the general welfare requires; there is no limitation. COngres who can maintain local government at home and when necessary the sional discretion is the sole limitation upon Congressional power. A integrity of the Union against foes from abroad, I want to see that sort. majority of Congress, if you admit their power over .the common of population raised; they are the mainstay of the autonomy of the schools of the South, can take any other attribute of State rights and States and of the integrity of the Union. deal with it at will. Congress can regulate marriage and divorce, the I say let this bill alone; let the people alone; let them go on in their descent and distribution of property, the laying out and making of own way, for they are doing well now. The time is not far off wheu. roads-anything that Congress may determine is for the common de you will find all the illiterates of the Sonth brought under educational ' fense and general welfare if this construction of the Constitution is tQ influences, and influences that are deeply rooted, becaw e cultivated at obtain and this bill is to pass Congress. home, influences that will last, and you will find prosperity all o>er l\fr. President, it requires no spirit of prophecy to predict what will that land. occur if this bill passes. I refer gentlemen who are skeptical to the Now, Mr. President, I haYe said about all I desire to say in reference utterances of the Senator from Ohio on the other side of the Chamber. to this bill and a great deal more than I intended to say when I got Who voices the public sentiment of his party or of the North more thor up. I feel strongly, I feel earnestly and deeply, the nnwisdom of the oughly and with greater fidelity than the distinguished Senator from bill as well as its gross unconstitutionality. Ohio on the other side? He is one of the great menofthe Republican The PRESIDlL~G OFFICER. The question is on the motion of the party, and in truth is one of the great men of the country. He says Senator from Kansas [Mr. PLUMB] that the bill be recommitted to the that he wishes, for instance, not to give Alabama a million d the money shall be expended. If they say we [Mr. CoKE], an argument that I think is unanswerable and conclusive will aid the South or the Southern States to educatetheirilliteratechildren then of the whole question. But as I shall ha>e to vote on the bill, I desire the United States have the power and the right to set out the principles and con ditions or limitations of that grant. The greater includes the less; and if the to make some remarks in justification of the >ote which I shall give. power is given to make these appropriations at all, the power is also given to say At the commencement of this debate, or very early in the debate, I for whose benefit the money shall beexpended,howitshall be expended, where expressed my opposition to the bill and assigned some of the reasons . and when and how apportioned, and for what purposes. That is as clear a prop osition as can be shown in Euclid or any other mathematical work. on which that oppQsition is based. I then said that I did not believe there was any constitutional warrant or authority for Congress to pass This is but the beginning; and when yon read what the honorable the bill, and that if such authority existed I believed the passage of S.enator from Ohio says now you see that he claims full power over the the bill would be injudicious and unwise. Subsequent reflection as entire subject. I deny it. You gentlemen who support this bill con well as everything that I have heard in the debate has but confirmed cede it of necessity. The whole power is not sought to be exercised the opinion which I then expressed. All that I haYe heard satisfies now, but as surely as the sun sets in the evening and rises in the morn me that there is no justification for the collection of revenue from the ing it will grow and grow as party politics roll the question over, until people of this country and its application to the subject of education the· National Government will claim the right to take charge of the in the Stat.es; and all that I have heard in debate in reference to the public schools and to administer them through its own instrumentalities; impolicy of the matter has strengthened my conviction on that subject. and if you admit the power of the Government to make this appropriar If the power existed, if Congress had ample authority to make the ap tion you inexorably estop yourselves from denying the power of the Gov propriation of money, it would be the most unwise measure that has ernment to take full control whenever the Government chooses to do so. passed the Senate for years. It takes no prophet to tell what will occur. Those who are familiar I ask the friends of this measure to point out the power upon which with the course of events for the last twenty years will remember many they predicate the right of Congress to pass the bill, for I confess that things that seemed~xtremely improbable which are accomplished fads after listening to all the arguments that have been presented there has now. The most pitiless, the most relentless, the most cruel andre been no substantial reason deduced from the Constitution to j ustuy the morseless tyranny that ever moves men to aetion is partisan heat and opinion that Congress has authority to pass it. partisan spirit; and once let that question get into politics, and all the The Senator from Arkansas [Mr. GARLAND] on another question, I negroes and their allies be warmed up on it, and they will claim the believe upon the resolution of the Senator from Kansas [Mr. PLUMB} last particle of power for the Federal Government and the Republican in reference to diseases among cattle, found authority in what is ge]). party will concede it to them. The money being expended by the erally known as "the general-welfare" clause of the Constitution to National Government, they will say we have a right to control these make that appropriation and to make all similar appropriations, and I schools. They will control them, and the worst and most odious phase think he referred to that provision as sustaining this bill. That Sena of the ra-ce trouble will be upon you and be there to remain. tor gave a construction to that clause of the Constitution which be Thatis my honest and candid opinion. Gentlemenwhoadvocate the thought warranted the expenditure of money for the purposes mentioned bill on this side, all except the Senator from Mississippi and the S.enator in the resolution of the Senator from Kansas, and if I understood him, from Alabama, who deny the power of control, all put it on the ground also for this educational scheme, and he cited various appropriations of duty under the amendments to the Constitution, and that duty car that had been made by Congress as justifying that construction. The ries with it necessarily the power to execute and discharge the duty. only limitation the Senator from Arkansas placed on the power to appro Mr. GARLAND. Does theS.enatorexcepttheS.enatorfromAlabama priate money by Congress was that it must be a matter of a public, gen or the Senator from Arkansas? eral nature, and if I understood his argument aright he contended that Mr. COKE. I stated to-day that the Senator from MissisSippi and Congress had clear and indisputable authority to make appropriations the Senator from Arkansas were the only gentlemen who have spoken on from the public Treasury for any and every purpose that it might think this bill who do not claim it to be the duty of the Government, on ac promoted the general welfare. The views of the Senator from Arkan count ofthe recent amendments and the result.softhewar, tot.akehold sas have been adopted by all the friends of this bill to whom I have of this matter of education. listened in this debate. They have all placed the aut.hority for the pas Mr. President, we have an overwhelming amount of testimony from sage of the bill on the clause of the Constitution relating to the general all quarters, and especiallyfromDr. Mayo, thegroo.t educator and phi welfare. • lanthropist, of Massachusetts, and Professor Smart, superintendent of I can not concur in the construction placed upon that provision of schools in Indiana., both of whom have been all over the South and the Constitution by these Senators. If their construction is correct, spent a great deal of time there, that the people of the South are doing there was no need for any of the specific grants of power given to Con their whole duty heroically in the cause of general education, and that gress in the Constitution. Under that clause, if their construction is: they have a-ccomplished wonderful results in the last fifteen years, and correcii, there is no limitation upon the power of Congress in the ap that great improvement is being made annually; indeed, that the im propriation of public money or the objects to which such appropriation. p rovement is greater now than at any other time heretofore. could be applied. Congress could have raised and equipped armies This testimony presented l:>y both the Senators from South Carolina and built navies at pleasure without specific grants of power for that and by the senior Senator from Mississippi shows that difficulties which purpose. In fact, if under the general-welfare clause it could raise and seemed insurmountable have been overcome, and that the good work appropriate money at pleasure and apply it according to its own will still goes on with ever-increasing vigor and earnestness. and discretion, many of the specific grants of power were not only un Why, when we are doing so well, shall we abandon the good work necessary but superfluous and unwise. that our people are engaged in so successfully and so heroically, a work I am aware, Mr. President, that the construction put upon that clause. which when it is accomplished will make them feel like men who ha>e of the Constitution by the friends of this bill has been insisted upon be achieved a great end? Why, I say, shall we throw difficulties in the fore. The advocates of every scheme to take money out of the public way of the great work by lending means which vill cause them to relax Treasury for any and every purpose frequently intrench themselves be their own efforts and look alone to the National Government? hind this construction of that provision of the Constitution; whenever Why not keep on with our own work? As an American citizen, as no other authority can be invoked they fall back on the general-welfare a patriot who desires to see men and women in this country, stalwart clause and find authority in that for every purpose which they desire. men and worn~, capable of grand and heroic deeds,.. men and women The words '' general welfare'' occur:ed in the .Articles of Confedera- 1884. CONGRESSIONAL RECORD-SENATE. 2467 tion, and their import as there used was plain and obvious. Under the just conception of the powers of the General Government and the rights Articles of Confederation no authority wa given to Congress to raise rev of the States and the peop]e under the Constitution is a problem which enue by taxation of any kind; but Congress called upon the States for con the future alone can olve. From what I B.ave heard in this debate I tributions, which were voluntarily made by the States, and formed a fear the day is distant when the limitation intended to be placed upon common fund for the maintenance of the Confederation. The eighth Congress over the subject of taxation will command that respect in this article of confederation provided: Chamber which formerly obtained not only here but by thoughtful men All charges of war and all other expenses that shall be incurred for the com throughout the country. mon defense or general welfare, and n.llowed by the United States in Congress Mr. President, if the construction now claimed by the friends of this assembled, shall be defrayed out of a commou treasury, which shall be supplied by the everal States in proportion to the value of all land within each State bill is correct, where is the limitation of the power of taxation by Con granted to or surveyed for any person, as such land and the buildings and im gress ? The purpose of this bill is to exercise the taxing power to pro provements thereon shall be estimated, according to such mode as the United mote common-school education. That is its avowed object. But I say Stat~s in Congress assembled shall from time to time direct and a1>point. if they can exercise the taxing power for the purpose of sustaining or The meaning of the words general welfare as used in that article establishing common schools for the education of the people, may they simply import that the common fund supplied by all the States should not under the same power establish schools of other grades? May they be applied to purposes in which all had a common interest in contra not establish colleges and universities, schools of the :fine arts, or any distinction to local objects in which only some of the States were in- other description of schools whatever? Where is the limitation? If tere ted. - the construction put upon the Constitution by the friends of this bill is The arne words incorporated in the eighth section of article 1 of the correct, that Congress has the power to appropriate money for common Constitution have the same meaning that they had in the Articles of school purposes in the States of this Union, I ask may they not exercise Confederation, namely, that the money raised by taxation must be ap the same power for the purpose of establishing every other class and plied to purposes in which the people of all the States are alike interested grade of schools whatever? in c.on tradistinction to purposes in which only a part are interested. Con I am aware that the argument has been in this case that the educa gress is to provide for the common defense and general welfare of the tion of the masses has become necessary to the right discharge of the United States by the application of the money which is collected in duties of citizenship; but the education to qualifY men to read their carrying out some one or more of the powers mentioned and granted in ballots before they deposit them is not all that may hereafter be deemed the Con titution. This was the construction contended for by Mr. necessary as proper qualifications for citizenship. Other qualifica l\Iadison and others who made the Constitution, the construction acted tions may be considered equally necessary, such as moraJ. and perhaps upon by the men who .formerly sat in this Chamber, who knew whn.t religious training, to elevate them higher still in the qualifications of was intended by the fathers of the Government, and felt compelled to citizenship. If' you can educate for the purpose of qualification for respect and obey that intention. Any other construction of that pro citizenship at all, where is the limit? May you not educate t.o the vision of the Constitution plaees the taxing power in Congress, to be highest point in morality as well as in mere scholastic education'? If used for any purpose which the whim or caprice of a majority of its this power exists for educational purposes in the States, I see no limit members may declare to be for the general welfare of the country. whatever to that authority, either in reference to the purpose for which Can any one believe that the members of the convention which made the ia."'< shall be raised or the character of education to which it may be the Constitution or the States they represented intended to grant to applied. Congress an unlimited power of taxation, unlimited as to the amount It will be noticed that this bill does not propose to appropriate merely which might be extorted through this power from the people of this the money now in the Treasury to educational purposes, but to raise country and unlimited as to the objects to which it might be appropri the money by future taxation. In the remarks I made at the commence ated? We :.ill know from the debates in the convention and from the ment of this debate I referred to the distinction between the distribu history of that period with what reluctance the taxing power to any tion of the surplus in the Treasury in 1836 a~d the provisions of this extent was conferred upon the Federal Government. The people of this bill, and the Senator from New Hampshire who has charge of the bill country had felt the oppression of the taxing power claimed by the in some remarks which he made pointed out that I attempted to raise British Parliament, and had been driven by such oppressions into rev a distinction between the appropriation of money already in the Treas olution to relieve themselves from it. They were therefore naturally ury and the exercise of the taxing power for the purpose of placing reluctant to grant to the Federal Government., fm·med by the Co~ti money in the Treasury to be distributed hereafter. Well, sir, that is tution, any measure of the taxing power which had oppressed them not a new question. That question has been here before. That was while under British rule. Nothing but the failure of the States tore one ofthe questions that were before Congress in 1836. I desire to call spond to the calls made upon them for contribution under the Articles of attention to the discussion at that period on that bill as illustrating, Confederation would have induced them to grant any power of taxa a3 I think conclusively, that there is no authority in Congress to raise tion whatever to Congress. revenue for the ,Purpose of distribution or appropriation to educational Can it be supposed that with this distrust and apprehension of Fed purposes in the Stc:1tte or any other purposes of that character. eral power they intended to confer by anything in the Constitution an The history of that bill for the distribution of the surplus in the Treas absolute power in Congress to lay and collect duties, imposts, and other ury in 1836 is familiar to everyone. Under the operations of the tariff taxes for any and every purpose and to any extent which the caprice of 18'24 and the tariff of 1828 and the strict economy that was practiced and whim of a majority of Congress might suggest? Such a conclusion in the administration of the Government there was likely to be a surplus is not only unreasonable, but preposterous and absurd; yet such an un in the Treasury for which the Government had no need, and General limited power of taxation is claimed by the friends of this bill in the Jackson, President of the United States at that time, in his message construction which they place upon that clause of the Constitution re to Congress in 1829, called the attention of Congress to the fact that soon lating to the general welfare. Again, I repeat, if the construction con the public debt occasioned by the war of 1812 would be discharged, and tended for by the friends of this bill is correct, then many ofthe grants that there would be in the Treasury a considerable surplus to be dealt of power enumerated in the subsequent clauses of the eighth section of with, and as it was apprehended that if it remained in the Treasuryit article 1 of the Constitution are useless, conferring no authority but would lead to extravagant legislation on works of internal improvement what could have been exercised under the general-welfare clause. and for other purposes, he called the attention of Congress to the neces I ask, l\1r. President, if this construction of that clause is correct, sity of making some provision for getting clear of that surplus. · I have could not Congress, without any specific grant of power in that direc his message here. He was exceedingly anxious that some disposition tion, have raised armies for the defense of the country; could they not should he made in order that extravagant appropriations of money by have raised and maintained navies for the defense of the country, and, Congress might not be attempted. General Jackson doubted, however, in a word, could they not have done anything which in their judgment whether that surplus could be distributed among the States, which he tended to promote the general welfare of the country? bb.ought was the very best thing that could be done with it provided There have aJ.ways been in this country, as there are to-day, persons in there was constitutional authority for it. He doubted whether the private and official positions who favor a loose and latitudinarian con Constitution allowed a distribution of the surplus then in the Treasury struction of the powers of the Federal Government. Such men were among the States .and suggested an amendment to the Constitution. in the convention that formed the Constitution and endeavored to em In his message of 1'829, from which I will read, he said: body in that instrument provisions which would give to the Federal After the extinction of the public debt it is not probable that any adjustment. Government the most ample powers and which would have deprived of the tariff, upon principles satisfact<>ry to the people of the Union, will, until the States of rights essential to the welfru:e of the people. Failing to ~remote period, if .ever, leave the Gove~ent wit~10ut a considerable surplus m the Treasury, beyond what may be re mon schools you at once introduce into the States of the Union a bone I understood the Senator from ?tfississippi [Ur. GEORGE] to say that of contention. What he said upon that subject meets with my hearty if this was an original question then he would not insist that .the ap approval and concurrence. Once let it be understood that Congress propriation should be made, but relying upon the precedents which proposes to raise money for distribution among the States, and what had been cited as a construction of the power of Congress, he was now would be the consequence? Your Representatives in the other House prepared to acquiesce in it. Sir, preced,ents of the exercise of illegiti would be elected on the question whether they would \Ote for large mate power by Congress can never change the meaning of the Con taxes and large expenditures for that purpose. Even Senat.ors in this stitution. .You can as well say that acts of injustice or acts of inhu b.ody would be selected in certain States in the Union with reference to manity would justify further violation of the eternal laws of justice the votes they would cast upon that question. It would become a lead and of humanity as that an appropriation made by Congress for which in~ political topic; the question of qualifications and fitness of men there was no authority can justify other appropriations hereafter to be would not be the criterion by which they would be selected as repre made of the same character. sentatives in either branch of Congress; but the only question asked Ur. President, I hope the bill will not pass. I have .expressed my would be whether they would conform their votes to the wishes of opposition to it thus briefly as a justification for the vote which I shall their constituents to levy taxation upon the people for the purpose of give upon it. I shall detain the Senate no further. distribution among them. Mr. GEORGE. I suppose it is expected that I should make some re Mr. President, if there were no other objections than the one I have ply to the argument made by the Senator from Texas[Mr. CoKE], but just named I believe that that is a sufficient objection to justify the r~ I do not desire to make it this evening. jection of this bill. But I hold that that is not the only objection. If Mr. CALL. I ask the Senator from Mississippi ifhe would object to Congress possesses the constitutional power to appropriate money for a motion to go into executive session or to adjourn? educational purposes, it follows, as I belie>e logically and conclusively, Ur. GEORGE. I prefer it, because I do not want to go on now. that Congress may follow that money and direct its application. I Mr. BLAIR. It is difficult to hear what is being said. firmly believe that if Congress can constitutionally appropriate money The PRESIDENT pro tempore. Does the Senator from Mississippi for the purpose of aiding the schools in the States of this Union, it may yield to the Senator from Florida? appropriate money for the purpose of establishing a Federal system of Mr. GEORGE. Yes, sir. I make the statement that I do not de educa,tion in the States independent of the States themselves. sire to go on this evening; it is too late; but I should like to have the Does not Congress now follow the money which it appropriates to floor at 2 o'clock to-morrow. various objects? When a public building is erected in any of the States :Mr. CALL. I move that the Senate adjourn. of the Union does not the Federal Government expend the money? Mr. BLAIR. I do not hea1; the Senator. When Congress appropriates moneytoriversandharbors, whois itthat The PRESIDENT pro tempore. The Senator from Florida moves that superintends the expenditure of that money? The Federal authority. the Senate do·now adjourn. If Congress can appropriate constitutionally money for educational pur Mr. BLAIR. I ask the Senator to withhold his motion for one mo poses, Congress will have the power, as I believe, to follow that money ment. · and direct its application either to the common schools already existing The PRESIDENT pro tempore. Does the Senator from Florida with- in the States or to theestablishmentofan independent Federal system draw his motion? of education in all the States of this Union. Mr. CALL. I withdraw it for a moment, sir. I do not believe that any such power resides in Congress over the Mr. BLAIR. I yield to the Senator from Illinois. subject of education, and therefore I do not believe that any such power Mr. LOGA.J..'T. I should like to have an opportunity of offering, so exists in Congress to make this appropriation. If the one can be con that they may be before the .Senate for consideration, three propositions stitutionally done, I hold that the other can be. I do not say that it that I wish to offer as amendments to the bill when it is again before would be wise or proper in the Federal Government to attempt to fol the Senate and open t.o amendment. I propose to amend section. l by low the money if we make the appropriation. I ~ not speaking upon sub titnting what I send to the Chair. the question of the propriety of doing it; I am only speaking of the The PRESIDENT pro tempore. The Senator from Illinois gives no right of Congress to follow the money which it appropriates, if it can tice that at the proper time he will move an amendment, which will be appropriate it constitutionally. read for information. . I say to my Southern friends on this side of the Chamber, who seem The CHIEF CLERK. It is pro~ed to amend the first section of the so anxious for this money, if they are prepared to surrender State con bill by substituting for 1hat section the following: trol over their educational interests they perhaps will be justified in· I· That for ten years next after the passage of this act there shall be annually voting for this bill, but if they are not prepared to surrender the State appropriated from the money in the Treasury not otherwise appropriated the control of their educational interests to the General Go>ernment I can following sums, to wit: The first year, the sum of $15,000,000; the second year, the sum of 17,500,000; the third year, the sum of$20,000,000; the fourth year, the sum not see with what consistency they can vote for a measure which may of $18,000,000; the fifth year, the sum of 16,000,000; the sixth year, the sum of lead, and probably will lead, in the future to the control of their school $14,000,000; the seventh year, the sum of 12,000;000; the eighth year, the sum of systems. $10 000,000; the ninth year, the sum of $8,000,000; the tenth year, the sum of $6,000,0CO; ten annual appropriations in all, when appropriations under this act Mr. President, I believe that this bill is fraught with evil and only shall cease; which several sums shall be expended to secure the benefit-s of evil. Whatever amount of money we may give to any State, that State common-school education to all the children of the school age mentioned here· will be ultimately the sufferer and loser by the appropriation. I know "after living in the United States. that a great many people desire tohaveappropriationsfrom theFederal Mr. LOGAN. I ask that the amendment be printed. Government. I know that we are educating the people of this country The PRESIDENT pro tempore. It will be printed. to look to Congress for relief in many things. As soon as a flood occurs l\fr. LOGAN. I also wish to offer an amendment as an additional in any section of the country forthwith an application comes up to Con section, to come in after the last section now in the bill. gress for relief; if a fire occurs it is the same ;1and the Senator from Ar The PRESIDENT pro tempore. The Senator from Illinois gives notice kansas [Mr. GARLA.ND]theotherdaywentsofarasto saythatappropria that at the proper time he will move an amendment, which will be tions for the relief of persons injured by a cyclone would be within th~ read for information. constitutional power of Congress. We are educatingthepeopleofthis The CHIEF CLERK. It is proposed to add to the bill the following country not to depend upon themselves but to look to the General Gov additional section: ernment, and I think that it is an evil which we ought to correct by SEC. -. There shall also be appropriated and set apart the sum of $2,000 000~ refuSing appropriations for any such illegitimate purposes. which shall be allotted to the several States and Territories on the same baslS1 as In justification of this measure a great many instances of appropria the moneys appropriated in the first section, which shall be known as the com mon·school-house fnnd, to be paid out annually to each State and Territory at tions have been cited. Some of them wereinstanceswhere appropria the end of the year on proof of the expenditure made during such year, which tions could properly be made; for instance, the establishment of a naval shall be expended for the erection and construction of school-houses, for the use school or of a military school falls legitimately within the express grant and o~upation of the pupils attending the common schools in the sparsely popu lated districts thereof, where the local communities shall be comparatively un of power to Congress. Congress is authorized to raise and support able to bear the burdens of taxation. Such school-houses shall be built in ac armies, and as an incident to that to qualify men to take command of cordance with modern plans, which 'plans shall be furnished free on application their armies and to establish a military school for that purpose. Con to the Bureau of Educa.tion in Washington: Prcwided, however, That not more than $100 shall be paid from said fund toward the cost of any single school-house gress is autliorized to provide for the Navy, and as an incident to that nor more than one-half of the cost thereof in any case; and the State or Ter· has the right to establish a naval school for the training of men for that ritory sha-ll annually make full report of all expenditures from the school-house service. So that there is nothing that I can see in appropriations of that fund to the Seernment. for common-school purposes equally for the educatjon ofall the children, withou~ But there have been many appropriations made, I confess, for which I distinction of race or color, shall be entitled to any of the benefits of this act. believe there was no warrant in the Constitution. It,- however, can .The PRESIDENT pro tempore. The.~ proposed amendments will not aJter the Constitution becaitse such appropriations have been made, be printed, if there be no objection. nor can unauthorized and improper appropri~tions heretofore made l\lr. BECK. Mr. President- justifY similar appr6priations now or hereafter. Yr. BLAIR. I have the floor. 2470 CONGRESSIONAL RECORD-SENATE. APRIL 1, The PRESIDENT pro tempm·e. Does the Senator from New Hamp will be disturbed in a month than New England pays for education in five years. Our boat was loaded to the water's edge with the poor people rescued from the shire yield to the Senator from Kentucky? flood. Yet I was met by a deputation of your foremost citizens, and now for Mr. BLAIR. For a-moment. two nights this house has been crowded to hear me talk about the children. l\fr. BECK. I was endeavoring to see if I could not perfect an amend-· Your colored people send me an address of welcome and ask me to tell them what I know of education. ment to the bill laying a tax: not exceeding 2 per cent. upon all incomes I remember that little more than twenty years ago Vicksburg was a battle exceeding 5, 000 as a special fund to meet the expenses created by the field, and around me are the scars of war, and twice as many dead soldiers sleep bill. on your hills than living people walk your streets. I remember that again and again since that day you have faced the pestilence, that even your river has 1\Ir. BLAIR. I am informed that several Senators desire to speak. turned the cold shoulder, that the open oountryforhundredsofmilesabout you is The Senator who has the floor for that purpose, the Senator from :M:is notyetonitsfeetfromtheoverwhelmingdestructionofwar. Yetlfindyourpeo si<;sippi [Mr. GEORGE], I understand would prefer not to go on to-night. ple taxing themselves almost twice the percentage of Boston for public schools, still compelled to teach the children in unsuitable buildings, and even your open If there is any other Senator who would speak to-night I hope there country imposing almost as heavy a mx on its valuation as our proud Athens will be no adjournment, but that he will take this opportunity to be of the Bay State. When I see such things-and I see them in every one of your heard now. twelve States through which I have traveled in the past four years-! thank God that I live in the same country with the people of the South, who out of Mr. GEORGE. If the Senate does not desire to adjourn now I will their poverty and amid all their difficulties are doing such things for the chil surrender my right to the floor and let anybody take it. dren. It seems to me that a Congress that would turn its back on the cry of these 1\fr. ALLISON. I should like to ask the Senator from New Hamp millions of children and youths' for fhe bread of knowledge and gi...-e them the stones of constitutional theory and sectional distrust and partisan policy in shire, in new of the fact that the naval appropriation bill is now ready stead, would be a Congress itself sorely in need of education, of patriotism, and for consideration by the Senate, when it is biB purpose to bring this bill of that statesmanship whose highest achievement is in helping the people to to a vote in some form or if he has any purpose on the subject? help themselves and giving to the R-epublic a new generation fit to deal with the mighty era that is already upon us. Let our honored Senators and Representa Mr. BLAIR. It is my desire to bring the bill to a vote immediately, tives at Washington give one week to the children who will inherit the Re but it is utterly impossible to do it. Senators have a right to be heard public and will write the history of what they are doing to-day. and desire to be heard, and I have no power to shut off freedom of Mr. BL.AIR. Does the Senator from Mississippi design to speak? speech in the Senate. I know of no power on earth tha't can do it or 1\fr. LAl\I.AR. I do not; my object is aecomplished. that desires to do it. The Senate never has exhibited any inclination l\Ir. BLAIR. There are a few things that I want to put in the pos to do it, certainly. I would much prefer personally that the debate session of the Senate, and I will do it now. They are in the nature of proceed to-night, as there is much to be said yet. If no Senator desires facts. to take thefloor I shall not oppo e an adjournment or an executive ses As bearing upon the question whether in the Southern States there sion at this time. I wish, however, to say that I shall ask the Senate is generally among the intelligent and educated and influential people to-morrow morning to take up the bill immediately after the conclu a desire for this appropriation based upon the necessity that exists for sion of the morning business, instead of proceeding to the Calendar. it, I desire to read from~ private letter to Dr. Curry, of the Peabody 1\lr. CAMERON, of Wisconsin. I shall object to that. fund. It is from a distinguished professor in the State of South Caro ir. BLAIR. I shall ask it unless some Senator seriously objects. lina. I should betray no confidence in giving his name, because since Mr. CAMERON, of Wisconsin. I will seriously object. . this debate has been in progress he has personally written to me avow Mr. BLAIR. Possibly I shall ask it even against the serious objec ing the authorship of thiB extract which Dr. Curry sent me without tion of my friend, for he may change his mind by the morning. giving me his authority. This is a communication of Dr. Curry to me. Mr. CAMERON, of Wisconsin. There is not the least probability of He says: th'at. . l\1r. LAMAR. . Mr. President- A letter before me- l\1r. BLAIR. I desire to add further, and then I will yield to the Which is from this distinguished South Carolina professor- Senator from Mississippi, that I shall ask the Senate to dispose of the A letter before me from one of the best scholars and most active school men in bill to-morrow, no matter how protracted may be the session. I think the South says: " The argument is unanswerable. Here we stand face to face with the neces ity. All over this State the taxes of the white people can not be we ought to get through with the bill to-morrow. If we can not do it, made to suffice for the education of both white and colored; with the utmost it will be for the Senate to take such action as it may see fit, but I shall good-will, the resources are deficient. Nothing but national aid can solve the hope for a conclusion to-morrow night some time. problem, aud without it there is great danger that the effort maybe abandoned in despair." · Mr. ALLISON. I hope so. I hope the Senator will press the bill That last sentence- to a vote to-morrow. l\fr. BL.A.m. I am very anxious indeed to do so. I yield to the Sen Dr. CuTI'y goes on to say- is unspeakably important. If this Congress adjourns without the aid, I shall at mcnt of its first annual meeting, that you may have some idea of the truth ofthis the white population of the North there were fifty-seven more colleges stT~:~~~tituency whom this committee represents have contributed since the in the South than in the North; there were eighty-one more professoiS war for education in the South a sum of money aggregating, it is estimated, of colleges in the South than in the North, and in the North an excess nearly one-half as large as that proposed in your bill. This was given freely b_y of students of only 1,989. And upon the matter of expenditm·e the our most enlightened and best citizens, and every dollar of it expresses therr .earnest conviction that the appropriation asked for is needed and must be granted account stood thus: For collegiate education within their own borders if this work is to be done; for it is great ~y.ond the. po sibilitie.s of p~h·ate the South expended $147,731 more than was expended by the North, charity and local self-help. I assure you their mterest m the work 1s not srmply and in academic education the North expended $335,622 more than -that of Christian philanthropists, but of enlightened citizens, and they ask with almost absolute unanimity that as citizens, through national legislation, they the South. m ay be allowed to help in this work by such an appropriation from the national I have here a compilation. of the school laws of three of the South ern States. There has been some inquiry in reference to the existing · T~~!uJ~chers sent out by the educational societies represented on this com mittee went South when to do so as teachers was to risk life; they prosecuted status of school laws throughout the southern portion of our country, their work in spite of abuse, contempt, and social ostracism until they have con and the Commissioner of Education at my request has prepared this quered prejudices, disarmed hostility, and compelled respect. They have dem brief abstract of the laws of three States, North Carolina, Mississippi, -onstrated to all doubters that the negro can be educated and convinced all oppo ers that he ought to be educated, and now they have the most earnest and Louisiana, and I understand him to say thatthefeatureswhich are co-operation and support of those who once bitt-erly opposed their work.. . to be found in the laws of those three States comprise all the features I fully believe that not one can be foundamongthese heroes and heromes m or substantially all the features to be found in the laws of any of the this great ~ght, whose opinions, it is respectfully submit.ted, are en~i~led to some .consideratton, who does not earnestly support the chief propos1tlons of your Southern States relating to their school system. This is the compila bilL That aid ought and must be given if this work is to be done, and that the tion: ·South may be fully trusted to dischnrge the trust with which this bill would North Carolina.-ln North Carolina the State treasurer receives the school funds charge them. and holds them as a special deposit. They are paid out only on the warrant of The resolution which I am commissioned to present through you from this the State auditor, issued on the order of the State board of education in favor association is as follows: of county treasurers for moneys apportioned to the counties according to their "Resolved, That the constitut;i,pnal duty to provide for the safety ?fthe ~e school population by the State board, the order to be duly indorsed by the public is in full force at all times and ip face of all dangers; and that m urgmg county treasurer in whose favor it is drawn. The funds are reapportioned by Congress to deal immediately and adequately with the problem of illiteracy, the county boards to the several white and colored school districts according to which has assumed appalling proportions, we are only asking it to meet this the number of children in each between 6 and 21 years of age. The county obligation, the discharge of which can not be called an exercise of charity, the treasurer pays from the funds of the respective districts orders drawn by the neglect of which must prove a fatal crime." district-school committee, and in case they are for the payment of teachers' sal Yours, very truly, aries they are to be indorsed by the teacher and countersigned by the county 0. C. P .AINTER, superintendent., who is to do this only after the teacher in whose favor it is Corresponding Secreta111 Nebra~ha Educatumal Co-mmission. drawn shall have made to him all required reports, and each teacher must be Hon. H. W. BLAIR, duly certificated by a county examiner. All officers handling the money are United States Senate. required to give bonds with ample securities. Mississippi, 1880.-The auditor of public accounts distributes the common As bearing upon the question whether the amount which it is pro school fund among the counties according to the number of children in each. ':POsed to distribute here is excessh·e I will send an article to the Sec The distribution is made by the issuance of auditor's warrants on the State retary and ask him to read it, prefacing the reading by the remark that treasury, payable t.o the county treasurer. They pay money out upon the order of the county superintendent of education, approved by the board of supervisors, ~ it is a condensation made by the Boston Journal in an editorial of avery except in case of teachers' warrants, which shall be paid upon approval of the extensive collection ofstatistics published in the Christian Union, and superintendent alone. -which have been collected with great effort and a{X!uracy, and which I Separat-e schools are maintained for the different races, but no preferences are shown to either by the law. · think to be as reliable as anything that is available. Each treasurer is duly bonded, and each teacher mus be licensed by the The PRESIDING OFFICER (Mr. H.A.RRIS in the chair). The Sec county superintendent. • retary will read the paper. Loll.isia1}a.-In Louisiana the State superiutendent quarterly apportions the State school fund, which is in the hands of the State treasurer, to the parishes The Chief Clerk read as follows: according to the number of persons in them between the ages of6 and 18. The THE NATIONAL DRIXK BILL. amounts apportioned are paid by the State treasurer to parish treasurers. They The Christian Union publishes a graphic chart, exhibiting the direct annual are then consolidated with local funds and reapportioned by the parish boards cost to the consumers in this country of alcoholic liquors as compared with ex of school directors among the several ward or school districts of the parish ac penditures for other purposes. The chart exhibits the relative outgo for eleven cording to the number of persons of school age in each. The parish treasurer different purposes by means of heavy black columns of varying height-three pays out the money to the credit of each district on warrants d1·awn by the quarters of an inch representing an expenditure of $100,000,000. .At one side. ex president and countersigned by the secretary of the parish school board for -tending over half the page, towers the column representing the national-drink purposes specified by the board. The warrants are kept on file, and, with the bill ; at the other extreme, and showing by contrast hardly more than a line, is account books of the treasurer, are always open to the inspection of all persons. the block which stands for the total annual expenditures for Christian missions, The persons through whose hands the moneys pass are required to give suffi home and foreign. The bill for drink is $900,000,000; the bill for missions is $5, cient bonds. Several provisions of the school also relat-e to the care of these -500,000. lletween these come the expenditures for bread, $505,000,000; for meat, ftmds, and tend to ,vrot-ectt.heirexpenditure and use from neglector dishonesty.. $303,000,000; for iron and steel, $290,000,000; for woolen goods, $237,000,000; for Parish boards are 'to exercise proper vigilance in securing for the schools of sawed lumber, $233,000,000; for cotton goods, $210,000,000; for boots and shoes, the parish all funds destined for the support thereof." The State board of edu -$196,000,000 ; for sugar and molasses, 155,000,000; and for public education, $85,- cation may restrain the parish officers from paying salaries t.o t-eachers and 000,000 . officers who have not performed their duties. Parish boards and treasurers are The statistics on which this chart is based are drawn from the last census and required "to examine and scrutinize personally or by experts the accounts of from other reliable authorities. Lest the figures of the drink bill be thought to their predecessors in office in order to find out if their administration of the be a wild and careless estimate, the manner in which they have been obtained school funds has been in accordance with law, and to report all delinquencies .should be indicated. The int-ernal revenue on distilled spirits in 1883 was $74,- discovered to the district attorney of the district and to the State board of edu 368,775; the rate is 90 cents a gallon; and the quantity of Hquor taxed is there cation." fore 82,631,972 gallons. .A. certain part of this was used for mechanical and scien Tea<:hers are required to be duly certificat-ed., tific purposes, but most of it was drunk as a beverage. Sold by the glass, it would With -reference to the school laws in Kentucky, I learn on further in cost the consumer about $6 a gallon. The whole amount at this mte would ag _quiry that the repeal of the obnoxious law--that is obnoxious to some gregate $4!!5,791,832. The tax on ferment-ed Hquors in the same year amounted to $16,900,615, which, at 1 per barrel, represents an equal number of barrels, which threw the education of the colored people practically upon them -containing, at 31 gallons to the barrel, 523,919,065 gallons. At·5 cents a glass, and selves, instead of being now pending in the Legislature of that State, .twelve glasses to the gallon, this costs the consumer $314,351,439. The import-ed liquors estimated on a similar basis cost the commmeratleast$100,000,000, which was consummated by the last Legislature, the Legislature of 1881, and brings the total cost up to more than 8000,000,000. there is now no feature of equality in reference to the education of the No account is taken of native wines, nor of liquor," crooked whisky," and school children of any State that is not to be found in the school system -other which escapes taxation; and the cost of these may be taken as a fair offset to the distilled liquor employed for mechanical and scientific purposes. The of Kentucky. The distribution is upon the basis of school population, estimate of $900,000,000 is therefore by no means a high estimate. It is midway without any reference to race, color, or previous candition. between the estimates of t.he New York Tribune and the National Temperance Mr. VEST. - I move that the Senate adjourn. .Almanac. Fourteen years ago, when the Government revenue from distilled liquor was about $20,000,000 less than now, and the national income from fer The motion was agreed to; and (at 5 o'clock and 26 minutes p. m.) mented liquor was one-third what it now is, Dr. Young, the Government statisti the Senate adjourned. cian, estimated thenation'sdrink bill at $600,000,000. On this basis, the estimate .of the Christian Union article can not be excessive. This is only the direct cost, and takes no account of the burdens of pauperism, idiocy, insanity, and crime which are directly traceable to drink. These are facts and figures which should HOUSE OF REPRESENTATIVES. ,arres~ the attention of t-he most careless, and should strengthen every reason able effort which is madeto restrainanddiminishthealmostinrmeasurableevils TUESDAY, Aprill, 1884. which flow from the drink habit. The House metat 12o'clock m. PrayerbytheChaplain, Rev. JOHN Mr. BLAIR. Here are some :figures. I put these facts in now be -cause Senators are entitled to know of their existen® as early as possi S. LINDSAY, D. D. ble as bearing upon the condition of the Southern white population The Clerk proceeded to read the Journal of the proceedings of yester before the war and the bearing of the war upon their existing condition. day. 1 read from a statement compiled from the census by Dr. Curry, of the Mr. WOOD. I move that the Clerk omit reading the mere formal Peabody fund. He says: part of introducing bills and joint resolutions. There was no objection. aiLd it was so ordered. By the census of 1860 the white population of the North was about 19,000,000, .and of the South about 8,000,000. The North at that time had 205 colleges,1,407 The Journal was then read and approved. professors, and 29,044 students, while the South had 262 colleges,1488 professors, LEAVE OF ABSENCE. :and 27,055 students. For these institutions the North expended 1,514,688 and -on academic institutions $4,663,749. For similar institutions the South expended, By unanimous consent, leave of absence was granted in the following To Mr. GARRISO:N, for one week from to-day, on account of impor The SPEAKER. The question is on the adoption of the substitute tant business. reported by the committee. . To Mr. FoRAN, for three days, on account of important business. 1\Ir. HOLI\IAN. I suggest that theemploymentofthisclerk belim To Mr. GREEN, for one week, on account of sickness in his family. ited to the present session. I suppose there would be no objection to GENERAL GEORGE BALDY. that. I move to amend, therefore, by limiting it to this session. 1\lr. ERI\IE...~TROUT. 1\-fr. Speaker, I am not authorized to accept · On motion of Mr. KELLOGG, oy unanimous consent, leave was any such amendment as that, and I hope it will not be adopted. granted for the withdrawal from the :files of the House of the papers in the case of General George Baldy; and the samewerereferred to the 1\Ir. HOLMAN. The expense is to be paid out of the contingent fund, and if so, it ought to be confined to the present session. Committee on Military Affairs. Mr. ERMENTROUT. I understand that has not been the rule with MISS HARRIETT HEMPKEN. respect to the others. They have not been confined to the session only, On motion of Mr. KELLOGG, by unanimous consent, leave was but have been-employed during the Congress. · granted for the withdrawal from the files of the House of the papers in Mr. HOLMAN. If the gentleman charged with the investigations the case of Miss HarriettHempken, and the same were referred to the to be made by that committee will state that this work is to extend be Committee on Claims. yond this session, I will withdraw the objection. But if the investiga LEGISLATION FOR UTAH TERRITORY. tion is to be confined to the session only, I do not see the necessity of having a clerk whose term of office will extend beyond the ession. On motion of Mr. CAINE, by unanimous consent, the House ordered to 1\Ir. ERI\IENTROUT. I haw no knowledge as to whether the in be printed as a document the memorial of the Legislative Assembly of vestigations or the work of the committee will extend beyond the session the Territory of Utah, protesting against the passage of bills now pend- or not. . ing in Congress or any other measures inimical to the people of said Ter ritory until after a full investigation by a Congressional committee; 1\Ir. REED. The chairman of the committee mil extend beyond this which was read yesterday, and referred to the Committee on the Terri session. Mr. ERMENTROUT. It is impossible to foretell what are to be the tories. duties of the committee in that regard. I presume thatwhen they are TESTING-~CHINE, WATERTOWN ARSENAL. done with the clerk they will let us know. The SPEAKER laid before the House a letter from the Secretary of lli. HOLMAN. Very likely. [Laughter.] War, transmitting a communication from the Chief of Ordnance sub The SPEAKER. The question is on agreeing to the amendment pro mitting a letter from the American Society of Civil Engineers with ref posed by the gentleman from Indiana to limit ~he employment of the erence to the United States testing-machine at the Watertown arsenal clerk to the present sa."Sion of Congress. and the appropriations to be made·tJaerefor; which was referred_to the The House divided; and there were-ayes 44, noes 22. Committee on Appropriations. So the amendment was agreed to. · FINA....'\CIAL DEPART:lffi~T, DISTRICT OF COLUMBIA GOVERN~IE:NT . The SPEAKER. The question now recurs upon the adoption of the Mr. FIEDLER. I ask unanimous consent for the present consider amendment reported by the committee as amended. ation of the resolution which I send to the desk. The House divided; and there were-ayes 34, noes 11. The SPEAKER. The resolution will be read, after which the Chair Mr. WELLER. No quorum. will a k for objections. The SPEAKER. The point of order being made that no quorum The Clerk read as follows: has voted, the Chair will order tellers. ~Ir . ELLis and 1\Ir. EIDIENT.ROUT were appointed t€11ers . • Whereas it is alleged that the financial departments of the District of Colum bia have not been conducted in a proper and business-like manner, and grave The House again divided; and the tellers reported-ayes 101, noes 8. doubts exist as to the correctness of the accounts rendered, owing to the loose ~1r. WELLER. There being such a decided vote in t,he a.:ffirmativer manner in which the books have been kept; and I will withdraw the point that no quorum has voted. Whereas it is charged that the taxes have not been collected in strict con So (no further count being demanded) the amendment as amended formity of law : Therefore, Be i t 1·esolved, That the Committee on the District of Colnmbi!.lo be, and they was agreed to. are hereby, authorized to have a thorough examination made of all accounts, The SPEAKER. The question now recurs on the resolution as &c., appertaining to the finances of the District of Uolnmbia, and they are em powered to send for books and persons, and to employ such expert accountants amended. as they may deem necessary; all expense a.-ising from said investigation to be Mr. DUN:N. I ri e to~ question of order. I think the la t vote was defrayed out of the contingent fund of the Honse of Representatives. on the adoption of the resolution. . :Mr. CALKINS. That had better be referred. The SPEAKER. The last vote was on the adoption of the substi The SPEAKER. Is there objection to the present consideration .of tute reported by the committee for the original resolution. The House the resolution? referred to the committee a resolution, for which the committee re · Mr. REED. I have no objection to its going to a committee, but I ported a substitute. The House has just agreed to the sub titute. The object to any action upon it at present. question now is on agreeing to the resolution as amended. :Ur. FIEDLER. Then I ask its reference to the Committee on the The resolution as amended was agreed to. District of Columbia.. ~fr. ER~IK.'ITROUT moved to reconsider the vote by which the reso There being no objection, the resolution was referred to the Com lution was adopted; and also moved that the motion to reconsider be mittee on the District of Columbia. laid on the table. The latter motion was agreed ro. ORDER OF BUSIN~. ORDER OF B'CSI~~. Mr. ADAMS, of illinois. I ask unanimous consent to take from the House Calendar the bill (H. R. 4738) to authorize the increase of the The SPEAKER. The regular order has been called for. The regu capital stock of the Commercial National Bank of Chicago. lar order is the call of committees for reports. The Committee on Elec~ The SPEAKER. The bill will be read, subject to objection. tions. The bill was read. Mr. ELLIS. I move to dispense with the morning hour. Mr. WELLER. I object. Mr. REAGAN. I hope we will have a call of committees this morn Mr. VANCE. I am directed by the Committee on Patents to ask unan ing. imous co0sent to take from the Speaker's table the bill (S. 672) to amend 1\Ir. DAVIS, of Illinois. I make the point of order that it is not in · section 4887 of the Revised Statutes, with reference to the patent laws. order to move to dispense with the morning hour after the call of com ~- WASHBURN. I object. mittees has commenced. 1\Ir. REAGAN. Let us have the regular order. The SPEAKER. No committee had reported, and the gentleman The SPEAKER. The regular order is the morning hour for the call from Louisiana was on the floor at the time the Chair announced the of committees. first committee. A vote of two-thirds is required. CLERK COMMITTEE OY EXPENDITURES IN TREASURY DEPARTMENT. The question ~ing taken, the morning hour "Was not dispensed with (two-thirds not voting in favor the:r:eof). Mr. ERMENTROUT. I rise, Mr. Speaker, for the purpose of sub- mitting a privileged report from the Committee on Account-s. NATURALIZATIO:N LAWS. The SPEAKER. The report will be read. · Mr. TUCKER, from. the Committee on the Judiciary, reported, as a The Clerk read as follows: substitute for H. R. 1629, a bill (H. R. 6402) to amend the naturaliza The Committee on Accounts, to whom was referred the resolution of Mr. HEw tion laws; which was read a :first and second time, referred to the House rrr that a clerk be allowed the Committee on Expenditures in the Treasury Department during the sessions of this Congress, with a compensation at the Calendar, and, with the accompanying report, ordered to be printed. rate of SO per day, respectfully report that the amount and importance of the business assigned to the consideration of the Committee on Expenditures in the CLAIMS .AGAINST THE UNITED STATES. Treasury Department under the rules of the House seem to JUStify the allow ance of a clerk to said Committee during the sessions of the present Congress. Mr. TUCKER, from the Committee on the Judicll!ry, also reported They therefore recommend the passage of the following substitute, namely : back with amendments the bill (H. R. 5849) limiting the time for the "Resol1:ed, That the Committee on Expenditures in the TreasuryDepartment presentation and payment of claims ~aainst the United States; which be allowed a clerk during the sessions of the Forty-eighth Congress, who shall be paid out of the contingent fund of the Honse at the same rate now paid was referred to the House Calendar, and, "With the amendments and House committee clerks who are employed during the sessions only." accompanying report, ordered to be printed. 1884. CONGRESSIONAL RECORD-HOU_SEo 2473 ALABAMA CLADIS CO:lli\IISSION. LIGHT-HOCSE AT PORT SANILAC. Mr. TUCKER. I am also instructed by the Committee on the Judi Mr. REAGAN, from the Committee on Commerce, also reported back ciary to report a bill in lieu of a number of bills referred to ~he com with a favorable recommendation the bill (H. R. 5337) for the construc mittee relating to the Court of Commissioners of Alabama Clarms. tion of a lake coast light-hou eat or near Port Sanilac, Lake Huron, Bills of the following titles, reported back from the Committee on Michigan; which was referred to the Committee on Appropriations, the Judiciary, were severally laid on the ta-ble, and the a~companying and the accompanying report ordered to be printed. report ordered to be printed: • L~TER~ATIOXAL COMMERCE. A bill (H. R. 683) amendatory of and supplementary to an act en Mr. REAGAN, from the Committee on Commerce, also reported ad titled ''An act re-establishing the Court of Commissioners of Alabama versely the bill (H. R. 3595) to authorue the governor of each State Claims and for the distribution of the unappropriated moneys of the Ge- of the United States to appoint commissioners to establish a system of neva award," approved June 5, 1882; . . international commerce and to decide the practicability of establishing A bill (H. R. 4933) to define and supplement an" act establishing the a bureau of international commerce. Court of Commissioners of Alabama Claims, and for the distribution of The SPEAKER. If there be no objection, the bill will be laid upon the unappropriated moneys of the Geneva award,'' approved J nne 5, the table and the accompanying report ordered to be printed. 1882· Mr. WOOD. I ask that it be placed on the House Calendar. A bill (H. R. 2336) providing for the payment of judgments when The SPEAKER. That will be done. rendered in the Court of Commissioners of Alabama Claims; The bill was accordingly placed on the House Calendar, and the ac A bill (H. R. 3422) to extend the duration of the Court of Commis companying adverse report ordered to be printed. sioners of Alabama Claims, and for other purposes; A bill (H. R. 4400) to define and supplement an act entitled "An INSPECTIOX OF BOILER OF STEAMSHIP KENT. act re-establishing the Court of Commissioners of Alabama Claims, and 1Ir. DAVIS, of illinois, from the Committee on Commerce, reported for the distribution of the unappropriated moneysoftheGeneva award,'' ba~k with a favorable recommendation the bill (H. R. 3337) author approved June 5, 1882; and izing the inspection of the boiler of the steamship Kent; which was A bill (H. R. 1811) re-establishing the Court of Commissioners of ·placed on the House Calendar, and the accompanying report ordered to Alabama Claims, and for other purposes. be printed. 1t1r. TUCKER, from the Committee on the Judiciary, in lieu of the MARTh"'E HOSPITAL 0~ STATEN ISLAND, NEW YORK. above bilL'l, reported a bill (H. R. 6403) defin~ and supplement an to 1\Ir. BARKSDALE, from the Committee on Commerce, reported back act entitled '' An act re-establishing the Court of Commissioners of Ala with an amendment the bill (H. R. 4835) providing for the purchase bama Claims, and for the distribution of the unappropriated moneys of of property on Staten Island for a marine hospital at the port of New the Geneva award," approved June 5, 1882; which wasreadafustand York; which was referred to the CommitteeonAppmoriations, and the second time, referred to the Committee of the Whole House on the state a~companying report ordered to be printed. of the Union, and, with the accompanying report, ordered to be printed. Mr. TUCKER. I request also that the views of the minority of the PORT CHARGES OF THE WORLD. committee may be printed with the report of the majority. l\Ir. CLARDY, from the Committee on Commerce, reported adversely There was no objection, and it was so ordered. the petition of the .Maritime Association of New York, asking that the book en titled Port Charges and Requirements on Vessels in the Various SECTION 840, REVISED STATUTES. Ports of the World be placed for reference in the seaport consulates Mr. EZRA B. TAYLOR, from the Committee on the Judiciary, re of the United States; which was laid on the table, and the accompany ported back with amendments the bill (H. R. 2576) to repeal section 840 ing report ordered to be printed. of the Revised Statutes ofthe United States; which was referred to the House Calendar, and, with the amendments and accompanying report, BRIDGES OVER NAVIGABLE RIVERS. -ordered to be printed. l\Ir. SEYMOUR, from the Committee on Commerce, reported back with a favorable recommendation the bill (H. R. 6100) granting the SERVICE OF PROCESS OF TERRITORIAL COURTS. consent of Congress to the erection of bridges over navigable rivers upon 1ri.r. BROADHEAD, from the Committee on the Judiciary, reported, conditions therein stated; which was placed on the House Calendar, and as a substitute for H. R. 1713, a bill (H. R. 6404) to authorize the serv the a~companying report ordered to be printed. ice of civil and criminal processes issued by Territorial courts within BRIDGE ACROSS THE MISSOURI RIVER. military and Indian reservations and the Yellowstone Park; which Mr. SEYMOUR, from the Committee on Commerce, also reported, was read a first and second time, referred to the House Calendar, and, as a substitute for H. R. 23 2, a bill (H. R. 6406) to authorize the con with the accompanying report, order~d to be printed. struction of a bridge across the Missouri River at some accessible point~ NATIONAL BANK OF LARNED, KANS. within ten miles north and ten miles south of the town of Rul9, in the county Of Richardson, in the State of Nebraska; which was read a first Mr. HENDERSON, of Iowa, from the Committee on Banking ru1d and second time, placed on the House Calendar, and, with the accom Currency, reported back with a favorable recommendation the bill (H. panying report, ordered to be printed. R . .5747) to authorize the increase of the capital stock of 'the First Na tional Bank of Larned, Kans., not to exceed $250,000; which was BRIDGE ACROSS THE MISSOURI RIVER. referred to the House Calendar, and, with the a(lC()mpanying report, Mr. SEYMOUR, from the Committee on Commerce, also reported ordered to be printed. back with a favorable recommendation the bill (H. R. 4695) to amend an "act authorizing the construction of a bridge across the Missouri INSPECTION OF LIVE-STOCK, ETC. River opposite to or within the corporatelimitsofNebraskaCity, Nebr.," Mr. REAGAN, from the Committee on Commerce, reported, in lieu approved June 4, 1872; which was placed on the House Calendar, and of sundry bills and a joint resolution referred to that committee, a bill the areompanying report order¢ to be printed. (H. R. 6405) to provide for the inspection of live-stock, hog products, and dressed meats, and for other purposes; which was read a first and PRIVATE PROPERTY DESTROYED IN MILITARY SERVICE. second time. :Mr. ROSECRANS, from the Committee on Military Affairs, reported The SPEAKER. Does the bill make an appropriation? - back with an amendment the bill (H. R. 5713) to provide for the set :M:r. REAGAN. It does not. It contemplates the appointment of tlement of the claims ·of officers and enlisted men of the Army for loss officers by the Treasury, but they are officers to be paid by fees and ofprivate property destroyed in the military service of the United States; not out of the Treasury. which was referred to the Committee of the Whole on the state of the The bill was referred to the House Calendar, and, with the a(lC()m- Union, and, wit-h the accompanying report, ordered to be printed. panying report, ordered to be printed. - A. P. FRICK. Mr. CLARDY. I desire leave to submit the views of the minority, Mr. ROSECRANS, from the Committee on Military Affairs, also re and ask that they be printed with the report of the majority. ported adversely the bill (H. R. 2678) to authorize the President, by There was no objection, and it was so ordered. and with the advice and consent of the Senate, to appoint A. P. Frick The following bills and joint resolqtion, reported back from the an assistant surgeon in the United States Army; which was laid on the Committee on Commerce, were laid on the table: table, and the areompanying report ordered to be printed. A bill (H. R. 1899) to prohibit imports from foreign governments who unjustly discriminate against the products of the United States; FRANCIS M. H;ffiBY. A bill (H. R. 1905) authorizing the President to prohibit by proc Mr. MURRAY, from the Committee on Military Affairs, reported lamation the importation of goods in certain cases; back with a favorable recommendation the bill (H. R. 3428) for there A bill (H. R. 4056) providing for the inspection and certification lief of Francis l\1. Kirby; which -was referred to the Committee of the of the quality of meat products for exportation; and Whole House on the Private Calendar, and the accompanying report Joint resolution (H. Res. 111) aulliorizing the President, during ordered to be printed. the recess of Congress, to prohibit the importation of any imports in DONATION OF CONDEMNED ORDNANCE STORES. jurious to public health from those countrfes which on the same grounds Mr. MURRAY, from the Committee on Military Affairs, also reported prohibit the importation of any American goods or products. adversely the joint resolution (H. Res. 75) authorizing the Sec1 etaries of '2474 CONGRESSIONAL RECORD- HOUSE. APRIL 1, War and Navy to donate condemned ordnance stores to the Grand Army PUBLIC BUILDING AT HOULTON, ME. -of the Republic of the Department of the Potomac; which was laid on :Mr. MILLIKEN, from the Committee on Public Buildings and the table, and the accompanying report ordered to be printed. Grounds, reported back with a favorable recommendation the bill (H. ROAD TO NATCHEZ NATIOXAL CEMETERY. R. 707) to provide for the erection of a public building at the town of ?Ylr. DIBRELL, from the Committee on Military Affairs, reported Houlton, Me.; which was referred to the Committee of the Whole House baek with an amendment the bill (H. R. 3268) to construct a road to on the state of the Union, and the accompanying report ordered to be the national cemetery at Natchez, ~fiss. ; which was referred to the printed. • ·Committee of the Whole House on the state of the Union, and, with PUBLIC BUILDING AT CHARLOTTE, N. C. .the accompanying report, ordered to be printed. Mr. BREITUNG, from the Committee on Public Buildings and ALFRED HEDBERG. Grounds, reported, as a substitute. for H. R. 1139, a bill (H. R. 6410) fur the erection of a public building at Charlotte, N. C.; which was lli. MAGINNIS, from the Committee on Iviilitary Affairs, reported back with a favorable recommendation the bill (H. R. 3062) for the read a first and second time, referred to the Committ.ee of tb.e Whole House on the state of the Union, and, with the accompanying report, Telief of Alfred Hedberg; which was referred to the Committee of the ordered to be printed. Whole House on the PrivatE' Calendar, and the aecompanying report or dered to be printed. PUBLIC BUILDING AT DETROIT, 1\IICH. SOUTHER..."'{ MAIL COXTRACTORS. 1t1r. WORTHINGTON, from the Committee on Public Buildings and Mr. ROGERS, of Arkansas, from the Committee on the Post-Office Grounds, reported, as a substitute for H. R. 4789, a bill (H. R. 6411) and Post-Roads, reported, as a substitute for joint resolution No. 194, to provide for the selection of a site and erection of a new public build joint resolution (H. Res. 222) to reappropriate and apply the amount ing at Detroit, Mich.; which was read a :first and second time, referred appropriated by the act of Congress approved March 3, 1877, to pay to the Committee of the Whole House on the state of the Union, and, certain Southern mail contl-a.ctors; which was read a fhst and second with the accompanying report, ordered to be printed. · time, referred to the Committee of the Whole House on the &tate · of PUBLIC BUILDING AT FORT WAYNE, IND. 'Union, and, with the accompanying report, ordered to be printed. Mr. WORTHINGTON, from the Committeeon Public Buildingsand LETTING OF 1\IAIL COXTRACT . Grounds, also reported, as a substitute for H. R. 368, a bill (H. R. Mr. JONES, of Texas, from the Committee on the Post-Office and 6412) to amend chapter 464 of the acts of the first .session of the Forty Post-Roads, reported, as a substitute for H. R. 4494, a bill (H. R. 6407) seventh Congress, entitled "An act to provide for a public building at to regulate the letting of mail contracts; which wa read a first and the city of Fort Wayne, in the State of Indiana;" which was read a second time, placed on the House Calendar, and, with the accompany first and second time, referred to the Committee of the Whole House ing report, ordered to be printed. on the state of the Union, and, with the aecompanying report, ordered to be printed. 111.ARQUETTE A. ~D ONTONAGON RAILROAD LAND GRANT. M.r. SCALES, from the Committee on the Public Lands, reported, as a PUBLIC BUILDING AT CLARKSBURG, W. VA. .substitute for so much of House bill 292 as relates to the same sub Mr. HOLTON, fi:om the Committee on Public Buildings and Grounds ject, a bill (H. R. 6408) to forfeit land granted to the State of Michigan reported back with a favorable recommendation the bill (H. R. 161S) to aid in the construction of a railroad from Marquette to Ontonagon, to provide for the construction ofacourt-houseand post-office at Clarks in said State; which was read a first and second time, placed on the burg, W.Va.; which was referred to the Committeeofthe Whole House House Calendar, and the accompanying report ordered to be printed. on the state of the Union, and the accompanying report ordered to be Mr. BELFORD. I ask consent to present the views of the minority printed. of the committee on the bill just reported, to be printed with the report COYVICT LABOR. -of the majority. Mr. JAMES, from the Committee on Labor, reported back with There was no objection, and leave wa-s granted accordingly. amendments the bill (H. R. 995) to prohibit any officer, agent, or erv STOCKBRIDGE AND MUNSEE INDIANS, WISCONSIN. ant of the Government of the United States of America to hire or con tract out the labor of prisoners incarcerated for violating the laws of Mr. NELSON, from the Committee on Indian Affairs, reported baek the Government of the United States of America; which was referred with amendments the bill (H. R. 2889) for the relief of the Stockbridge to the House Calendar, and the accompanying report ordered to be and Munsee tribe of Indians in the State of Wisconsin ; which was re printed. ferred to the Committee Qf the Whole House on the Private Calendar, WAGES DUE UNDER EIGHT-HOUR LAW. and the accompanying report ordered to be printed. Mr. LOVERING, from the Committee on Labor, reported back with J. H. BURCHARD. amendments the bill (H. R. 4592) to pay to the employes of the Gov Mr. PIERCE, from the Committee on Indian Affairs, reported back ernment wages hitherto withheld in violation of the eight-hour law; with a favorable recommendation the bill (H. R.1800) for the relief of which was z-eferred to the Committee of the Whole House on the state J. H. Burchard; which was referred to the Committee of the Whole of the Union, and the accompanying report order~d to be printed. House on the Private Calendar, and the aecompanying report ordered to be printed. GEORGE H. FLUKE. RELINQUISHMENT OF INDIAN LANDS IN W .ASHINGTON TERRITORY. Mr. MATSON, from the Committee on Invalid Pensions1 reported back with an amendment the bill (H. R. 5999) granting an additional Mr. PERKINS, from the Committee on Indian Affairs, reported back pension to George H. Fluke; which was referred to. the CoiDlltittee of with a favorable recommendation Executive Document No. 16, being a the Whole House on the Private Calendar, and, with the accompanying. .message from the President of the United States, transmitting a com~ report, ordered to be printed. Eunication from the Secretary of the Interior of December 4, 1883, with draught of a bill to accept and ratifY an agreement with Chief Moses .ADDISON M. COPE..~. and other Indians for the 'relinquishment of certain lands in Washing On motion of Mr. MATSON, the Committee on Invalid Pensions was -ton Territory; which was referred to the Committee on Appropriations. discharged from the further consideration of the bill (H. R. 4973) for the relief of Addison M. Copen; and the same was referred to the Com JUSTICES OF PEACE IN WYOMING TERRITORY. ·mittee on Pensions. l'rlr. POST, of Wyoming, from the Committee on the Territories JOHN E . DENH.Al\I. xeported back with a favorable recommendation the bill (H. R. 5639) -extending the jurisdiction of justices ofthe peace in Wyoming Territory; · On motion of Mr. BAGLEY, the Committee on Invalid Pensions was which was referred to the House Calendar, and the accompanying re discharged from the further consideration of the bill (H. R. 5798) port ordered to be printed. granting a pension to John E. Denham; and the same was referred to the Committee on Pensions. TERRITORIAL ACTS, WASHINGTON TERRITORY. .ADVERSE REPORTS. Mr. STRUBLE, from the Committee on the Territories, reported, as .a substitute for H. R. 2949, a bill (H. R. 6409) to validate and cure Mr. BAGLEY, from the Committee on Invalid Pensions, reported back the following cases adv~rsely;and the same were severally laid on defects in CtJrtain a~ts of the Legislative Assembly of Washington Ter the table, and the accompanying reports ordered to be printed: ritory; which was read a first and second time, referred to the House Calendar, and, with the accompanying report, ordered to be printed. A bill ~H . R. 989) granting a pension to Anna M. Thomas; A bill H. R. 1074) granting a pension toW. H . Gifford; PUBLIC BUILDING AT KEY WEST, FLA. A bill H. R. 1094~ granting a pension to Jacob Hull; Mr. DIBBLE, from the Committee on Publi~ Buildings and Grounds, A. bill !H. R. 2412 for the relief of Mary A.. Reynolds; .reported back with amendments the bill (S. 229) to authorize the Sec A. bill H. R. 2428 granting a pension to Philemon B. Purvis; retary of tbe Treasury to erect a public building in the city of Key A bill H. R. 2468 granting a pension to John Stevens; West, Fla.; which was referred to the Committee ofthe Whole House A bill H . R. 2420 granting a pe'nsion to Jacob Mayer; on t he state of the Union, and the accompanying report ordered to be A bill (H. R. 2479} granting a pension to Ann Jane Mackey; }>rinted. A bill (H. R. 3706) for the reliefofWilliam Munion; \ 1884. . CONGRESSIONAL RECORD- HOUSE. 2475 A bill (H. R. 4182) granting a pension to Ann Smart; LOUIS D. PETTY. A bill (H. R. 4829) for the relief of Elizabeth Brain; Mr. FYAN, from the Committee on Invalid Pensions, reported with A bill (H. R. 4852l granting a pension to Walter H. Wood; an amendment the bill (H. R. 5776) granting a pension to Louis D. A biH (H. R. 5087 for the reliefofWilliam :Munion; Petty; which was referred to the Committee of the Whole House on A bill (H. R. 5355 for the relief of Alnn Walker; the Private Calendar, and, with the accompanying report, ordered to A bill (H. R. 5661l granting a pension to Patrick Coffield; be printed. A bill (H. R. 5662 for the relief of Joseph Schuler; and JAMES HAWKINS. A bill (H. R. 5790 for the relief of Sa-rah Gallagher. 1\fr. FYAN, from the Committee on Invalid Pensions, also reported JANE HILTON. back the bill (H. R. 2358) granting a pension to James Hawkins; which )fr. MORRILL, from the Committee on Invalid Pensions, reported was referred t<1 the Committee of the Whole House on the Private Cal back favorably the bill (H. R. 5082) granting a pension to Jane HiltQn; endar, and, with the accompanying report, ordered to be printed. which was referred to the Committee of the Whole House on the Priva-te GEORGE ZIEFLE. .Calendar, and, with the accompanying report, ordered to be printed. · Mr. FYAN, from the Committee on Invalid Pensions, also reported WILLIAM REINHARDT. back the bill (H. R. 5960) granting a pension to George Ziefle; which was referred the Committee of the Whole House on the Private Cal Mr. MORRILL, from the Committee on Invalid Pensions, also re to endar, and, with the accompanying report, ordered to be printed. ported back favorably the bill (H. R. 5885) granting a pension to Will iam Reinhardt; which was referred to the Committee of the Whole CHANGE OF REFERENCE OF DILLS. House on the Private Calendar, and, with the accompanying report, On motion of 1\fr. HOUK, the Committee on Invalid Pensions was .Qrdered to be printed. discharged from the further consideration of the bill (H. R. 2746) for WILLIAM C. H. BOWMAN. the relief of John Scudgington; and the same \VaS referred to theCom Mr. MORRILL, from the 9ommittee on Imalid Pensions, also re mittee on Military Affairs. ported back favorably a bill (H. R. 4061) for the relief of William C. On motion of Mr. HOUK, also, the Committee on Invalid Pensions H. Bowman; which was referred to the Committee of the Whole House was discharged from the further consideration of the bill (H. R. 5167) oQn the Priva-te Calendar, and, with the accompanying report, ordered for the relief of Charlotte Morrow; and the same was referred to the tQ be printed. Select Committee Qn the Payment of Pensionst Bounty, and Back Pay. HEIRS OF WILLIAM HUGHES. On motion of 1\fr. WINANS, Qf Michigan, the Committee on Invalid Pensions was discharged from the further consideration of the bill (H. On motion of 1\Ir. MORRILL, the Committee on Invalid Pensions R. 2315) for the relief of Delia E. Grummond; and the same was re was discharged from the further consideration of the bill (H. R. 2077) ferred tp the Committee on Pensions. for the relief Qf the heirs of William Hughes, deceased; and the same was referred to the Committee on War ClaiiDS. ADVERSE REPORTS. Mr. STORM, from the Committee on War Claims, reported back with HENRY J. GRAVES. an adverse recommendation a petition of the following title; which was On motion of Mr. MORRILL, the Committee on Invalid Pensions ordered to be laid on the table, and the accompanying report printed, was discharged from the further consideration of the bill (H. R. 4149) namely: · for the relief of Henry J. Graves; and the same was referred to the Com Petition of Pearson C. Montgomery, asking compensation for the use mittee on Military Affairs. of steamboat New Nation. MRS. ANN CORBIN. l\1r~ STORM, from the Committee on War Claims, also reported back Mr. RAY, of New Hampshire, from the Committee on Invalid Pen with an adverse recommendation the bill (H. R. 735) for the relief of sions, reported back favorably the bill (H.- R. 4526) granting a pension Edmund Wolf. to Mrs. Ann Corbin; which was referred to the Committee of the Whole Mr. STORM. At the request of my colleague on the committee House on the Private Calendar, and, with the accompanying report, [Mr. WELLER], I ask that that bill be referred to the Calendar. Qrdered to be printed. The SPEAKER. The bill, with the adverse report, will be referred IRA M 1NAIR. to the Committee of the Whole House on the Private Calendar and the adverse report printed. Mr. HOLMES, from the Committee on Invalid Pensions, reported back favorably the bill (H. R. 3613) granting a pension to Ira MeNair; INTEREST OX WAR LOANS. which was referred to the Committee of the Whole House on the Pri Mr. ROWELL, from the Committee on War Claims, reported back vate Calendar, and, with the a-ccompanying report, ordered to be printed. the bill (H. R. 2463) to reimburse the several States for interest paid on war loans, and for other purposesi~hich was referred to the Com EMANUEL SULSGROVE. mittee of the Whole House on the state of the Union, and, with the J\fr. HOLMES, from the Committee on Invalid Pensions, also reported accompanying report, ordereel to be print-ed. 'back adversely the bill (H. R. 3614) for the relief of Emanuel Sulsgrove; which was laid on the table, and the accompanying report ordered to be HEIRS OF BLACK BEAVER. printed. Ir. ROWELL, from the Committee on War Claims, also reported CALVL.~ KNICK. back the bill (H. R. 269) for the relief of the heirs of Black Beaver; which was referred to the Committee of the Whole House on the Pri Ur. HOLMES, from the Committee on ~valid Pensions, also reported vate Calendar, and, with the accompanying report, ordered to be printed. back favorably the bill (H. R. 1866) granting a pension to Calvin Knick; which was referred to the Committee of the Whol-e House on the ADVERSE REPORT. Private Calendar, and, with the accompanying report, ordered to be 1\Ir. ROWELL, from the Committee on War Claims, also reported _printed. ba{!k with an adverse recommendation the bill (H. R. 5182) for the JAMES BUCHANAN. relief of Edward Stearns; which was ordered to be laid on the table, Mr. CULLEN, from the Committee on Invalid Pensions, reported and, with the accompanying report, printed. back with an amendment the bill (H. R. 1862) for an increase ofpen A. T. TERRILL . ..sion of James Buchanan; which was referred to the Committee of the 1\U. ROGERS, of New York, from the Committee on War Claims, Whole House on the Private Calendar, and, with the accompanying reported back the bill (H. R. 6413) for the relief of A. T. Terrill; which report, ordered to be printed. _ was referred to the Committee of the Whole House on the Private Cal _ ELIZABETH J. COLBERT. endar, and, with the accompanying report, ordered to be printed. Mr. CULLEN, from the Committee on Invalid Pensions, also re VACATION OF AN ALLEY, WASHINGTOX, D. C. ported back with a favorable recommendation the bill (H. R. 3160) Mr. FIEDLER, from the Committee on the District of Colun1bia, re _granting a pension to Elizabeth J. Colbert; which was referred to the ported back the bill (H. R. 4994) to vacate an alley in square 234 in Committee of the Whole House on the Private Calendar, and, with the the city of Washington; which was referred to the House Calendar, accompanying report, ordered to be printed. and, with the accompanying report, ordered to be printed. ADVERSE REPORTS. COMMISSION OX ALCOHOLIC LIQUOR TRAFFIC. :Mr. CULLEN, from the Committee on Invalid Pensions, also re Mr. HILL, from the Committee on the Alcoholic Liquor Traffic, re ported ba-ck with an adverse recommendation bills of the followinO' ported back with an adverse recommendation the bill (H. R. 2929) to .titles; which were severally ordered to be laid on the table, and the ac~ provide for a commission on the subject of alcoholic liquor traffic. ~ompanying reports to be printed, namely: The SPEAKER. Without objection, the bill will be laid upon the A bill (H. R. 6105) to increase the pension of 1\frs. Susan B. La table. Monte; Mr. DINGLEY. I object. A bill (H. R. 1844j to increase the pension of NickS. McCown; Mr. PRICE. The minority desire to submit their views on this ques A bill (H. R. 1880 granting a pension to 1\Iatthew McDonnell; and tion, to be printed with the report of the committee; and I ask that this A bill (H. R. 1843 for the relief Qf Marquis D. Davis. bill be put upon the Calendar. 2476 CONGRESSIONAL RECORD-HOUSE. APRIL 1, The SPEAKER. It will be placed upon the Calendar of the Com 2,000,000 per month of standard dollars? It was not put in there for mittee of the Whole House on the state of the Union and the accom any such purpose as to make a steady market of $2,000,000 a- month panying report ordered to be printed. The minority of the committee to silver-bullion dealers. We do not legislate in that direction. You. will also, without objection, have the right to submit their views. practically do not affect the monthly coinage of standard dollars. The There was no objection. clink and music of the Bland dolla,r will be heard just as it is now. The Government of this country will still take 7,200,000 per annum REDIDIPTION FUND OF NATIO~AL BA~'XS. as seigniorage on this money of the people. Now is 1his a strike at the 1\Ir. DINGLEY, from the Committee on Banking and Currency, re silver-bullion dealer? By no means. We are under no obligation to ported back with amendments the bill (H. R. 5043) authorizing the furnish a marketfor him. You ask, whatwill he do? Hewilldopre Secretary of the Tl-easury to invest the lawful money deposited in the cisely as' my farmers do, store the product until there is a market for it, Treasury in trust by national bank~g associations for the redemption with the certain assurance that the Government is a purchaser within of their circulating notes; which was referred to the House Calendar, a very few months. and, with the accompanying report, ordered to be printed. In round numbers, there have been thirty-five millions of this anom.-· ORDER OF BUSI~ESS. alous money coined. It is estimated by the statistics of our custom The SPEAKER. This concludes the call of the standing and select houses, the manifests of our vessels, and the approximate amounts. committees. Ifthere be no objection, the Chair will recognize gentle brought by immigrants to this country, that all of this 35,000,000, men to make reports who were not in their eats when their commit with the exception of possibly $7,000,000, have, in those dusky nations tees were called. of the East, gone into the coinage of the sycee-sil-,er, into subsidiary There was no objection. coin, into ornaments, and into the arts, so that there is left practically, at the maximum calculation, in all not to exceed $8,000,000. SECTION 3829 REVISED STATUTES. 1 think, -Ur. Speaker, the argument on this whole bill should rest Mr. BINGHAM, from the Committee on the Po t-Office and Post here. We have suffered ourselves to issue a coin, the trade-dollar, for Roads, reported back with an amendment the bill (H. R. 811) to amend foreign circulation. The Constitution gives us control O\er the coinage section 3829 of the Revised Statutes; which was referred to the House of silver and gold, the regulation of its value, and the regulation of for Calendar, and, with the amendment and accompanying report, ordered eign coins within the United States. But here is a nati\e coin for for to be printed. eign circulation. I will admit, Ur. Speaker, that it is the child of an RELIEF OF SAILORS AND MARINES. impure alliance. Yet the Government finds itself in the po ition that Mr. GOFF, from the Committee on Naval .Affairs, reported back with it has to assume the guardianship of this prodigal. It has on it the a favorable recommendation the bill (H. R. 5204) for the relief of certain devices and insignia. of this GQvernment, and the honor and good faith sailors andmarinesofthelatewar; which was referred totheCommittee of this nation demand that it should be redeemed. of the Whole House on the state of the Union, and, with the accom It may be said that speculators of this country have this coin. That panying report, ordered to be printed. may be troe to some extent. But is not that true of every commodity?' But the fact is that outside of the great moneyed centers this coin is JOHN ALLEE. scattered among the laborers of this country. I will say as a practical ~fr. FYAN, from the Committee on Invalid Pensions, reported back business man that I know of thousands of dollars of this anomalous coin with a favorable recommendation the bill (H. R. 2378) restoring tothe that are deposited in the banks of the country as a special deposit. Un pension-roll the ·name of John Allee; which was 'referred to the Com der the provisions of this law the man who has $10, S20, or $50 can walk mittee of the Whole House on the Private Ca] endar, and, with the accom right across the street and get dollar for dollar in revenue-stamp and panying report, ordered to be printed. postage-stamps. ~Ir. Speaker, I do not desire to pose as a doctrinaire upon any of the TRADE-DOLLAR. economic questions that may come before this House. I would rather Mr. DOWD. I call for the regular order. be instrumental in crystaJlizing the intelligence and experience of this The SPEAKER. The regular order is the unfinished business undeT House in formulating some praQticallegislation before the country. consideration at the adjournment yesterday, being the bill (H. R. 4976) fr. Speaker, when debate on this bill closed by reason of adjourn for the retirement and recoinage of the trade-dollar. The gentleman ment on the evening of the 28th, it had been cil"cumscribed to reasons from Iowa ["ftfr. PusEY] is entitled to the floor, having thirty-five min for and objections to the adoption of the four sections of this bill pro utes of hiS time remaining. viding for the retirement of the trade-dollar. In the license and Mr. PUSEY. Mr. Speaker, as a member of the Committee on Coin latitude given the discussion of all public measures before the House, age, Weights, and Measures, I desire briefly to submit some arguments this debate hasnotprovenexceptional, but has encompassed the history in advocacy of the provisions of this bill. of legislation since 1853 on the silver question. What may have been The trade-dollar in no sense constitutes any part of the circulating wise in 1853, with the changed statistics of our precious metals would medium of this country to-day. Public policy and national good faith be subject to just criticism in 1884. The results immediately preced require its speedy retirement. Under the provisions of this short bill ing and leading to the enactment of the silver legislation of 1853 are· this can be accomplished without loss to the country or without loss to unprecedented in the history of this or any other country. · the present holders of this anomalous coin. In 1848 commenced what is known as the golden era, which in one The provisions of this bill are simple, direct, equitable, and compre decade flooded this country with over $550,000,00J)in gold, and during: hensive. Section 1 reaches that class of holders who are remote from which period the native product of silver scarcely reached ~550,000 . our subtreasuries. My people have not a subtreasury within five hun Add to this natural cause.the fa-ct that France had thrown her mints dred miles of them. Other gentlemen on this floor repreSent constitu open to free coinage, and British India had adopted the silver standard, encies who have not a subtreasury within one thousand miles of them. and you have the solution of the silver legislation of 1853, by which our Section 1 provides for those holders by making this coin receivable subsidiary silver coins were debased nearly 8 per cent. and gold and for public dues. They can walk across the street to the deputy collect silver were forced to part company. This plethora of gold stimulated ors ofinternal revenue and buy their revenue-stamps, or they can go every branch of industry, ran real estate up to fabulous prices, in to the post-office and buy their post-office stamps and use the coin at creased the price of living, and decreased the purchasing power of the par. Section 2 provides for the large holders in those great money cen gold dollar, followed by rea-ction, which led to partial suspension oi ters, where they can use it by going immediately to the subtreasury specie payment, to be succeeded in turn by national suspension or· and getting the standard silver dollars in exchange. Section 3 provides specie payment in December, 1861. that these trade-dollars shall be sent . by these treasurers and subtreas In the mean time, however, what is known as the silver era in the· urers to the coinage mints of the country to be recoined into standard United States had arisen. The product of gold had rea-ched its max dollars, thereby giving to the country a uniform silver circulation. imum of $69,000,000 annual product when the silver mines of Nevada. Now, I will say, Mr. Speaker, within parliamentary usage, I hope, and the States and Territories west of the ~iissouri "Qegan to pour into· that up to section 4 of this bill the committee were practically unani the market their tribute of silver, as a further evidence of the inex mous, but when we reaehed section 4 there was a division, and there haustible resources of this favored country, augmenting in volume until is a minority report of this committee on the provisions of that section. the product of 1883 is in excess ofthat of gold by more than $20, OQO, 000, That provides that when this coin is sent to the coinage mints it shall thus restoring by natural causes, measurably, the normal ratio of our be treated as silver bullion and deducted from the monthly purchases precious mentals, estranged by existing causes in 1853. What were the of silver bullion by the Treasury. Our chairman, who is the author extraneous causes, aside from any absence of equilibrium in our pre of the minority report, says: "I do not want the law of February 28, cious metals, which led to our legislation of 1873, which gave to the 1878, interfered with." I say in reply that practically we do not in world the trade-dollar, and that of February 28, 1878, known as the terfere with it. There is one provision of that law that requires the "silver flood," and which was but a legitimate sequence of the legis Treasury ofthe United States to purchase monthly not less than $2,000,- lation of 1873. 000 of silver bullion. Now, lli. Speaker, I entertain very pronounced convictions on this Now, Mr. Speaker and gentlemen of the committee, why is it tha-t question--convictions forced upon me in a lifetime spent in the busy that provision was put in there? ·was it not to enable the Treasury of marts of trade and as a silent but somewhat observant student of our the United States or the mints of the United States to coin not less than financial policy since 1865. And yet, speaking in this presence and ro .,_ 1884. CONGRESSIONAL RECORD-HOUSE. 2477 the country, I do not know of a sentiment which I could utter, I do cally retired within ninety days after its passage, which will be an not know of a principle which I might seek to ingraft upon the legis expansion of silver-certificate circulation so far as that monthly re lation of this country on the silver question which might not be sub demption is in excess of the $2,000,000 silver bnllion monthly pur ject to modification by the ceaseless and ever-changing tide of interna chase which the Treasurer is required to make under one of the provis tional commerce. When the war closed and a nation's life had been ions of the law of February 28, 1878. Our silver and gold, with their preserved by the heroic sacrifices of her people, a policy, a financiHl representatives, gold and silver certificates, together with the reserved policy, was adopted by those in power which has done more, in my authority of the Government over the volume of legal-tender notes judgment, to concentrate the distributed wealth of this entire nation to be issued, constitute the automatic power of the Government over into the colossal fortunes of the few than has all our wasteful endow its monetary affairs, which in time will be self-anjusting, placing us ment of our public domain upon railroad corporations. where our Treasury has not been since 1865, beyond the control of the When the tragic history of our civil war has lost its glamour some moneyed syndicates of the world. As the three hundred and forty mill Albert Gallatin may be found who will yet write the financial tragedy ions of national-bank circulation, founded on the debt of the nation, of this nation, commencing in 1865 and closing on that memorable 1st shall be gradually retired by the redemption of the hypothecated bonds, day of January, 1879, when the curtain dropped, bearing the inscrip the monthly issue of our gold and silver certificates will supply the de tion, ''Forced resumption by means of contraction.'' I hope that his ficiency and fill the vacuum. tory in all its significant details may be found in that book which will What then, Mr. Speaker, should be the policy of this Congress in ref be so opportunely cast upon the market a few weeks preceding the erencetooursilvercoinage? Primarily, toreachapurercoinage. With Chicago convention, whose author was a prominent actor in that drama. our inexhaustible resomces in mineral wealth, no country can afford a If so, it will be found that the policy of McCulloch, Boutwell, Bristow, purer and better coinage than the United States. An axiomatic troth in and Sherman overshadowed the nation with a financial cloud of more trade is, " Manufacture the best artie!~ and your market is assured." than Cimmerian darkness, which left in its wake prostrate industries, Money derives its power from its quality of universal acceptability, and ruined fortunes, paralyzed energies, filling our land with mourning and labor is the real measure of the exchangeable value of all commodities. our streets and byways with starving tramps-the fruitful mother of the Gold and silver is the money of the laborer; give it them, as God has riots of 1877, and the mournful episode to a nation's triumph in arms. given it to us, in the greatest purity. It isnotthe moneyofthe great All honor, then, to the men who stood up in these Halls ori the 28th corporation, of commerce, and the bank. They deal in the ''money of of February, 1878, and passed the silver bill over the veto of President account." Hayes. In the full light of contemporaneous history, I believe it was But the toiling millions keep no bank accounts; their money should the throes of a brave people striving to utilize to the utmost there not only at all times have the greatest purchasing power, but as far as pos sources of our country-not to avert, but ''to temper the winds to the sible possess enduring and intrinsic uniformity in value. To preserve the shorn lambs." With our policy on the silver question, superadded to natural ratio of these precious metals has been the problem of the ages. the more important fact that in the ten years embraced between 1873 In the days of Christ it stood as 9 to 1. It has varied through all the and 1883 the agricultural products of this country are estimated to have centuries, and om present standard is 16 to 1. No country has any been twenty billions of dollars' worth, of which we exported over six trouble with this silver question which exports more than it imports, thousand millions in value, while other exported articles were enor or sells more than it buys. Legislation may do very much to sustain mous, in all far exceeding in the aggregate that of the forty years pre the equilibrium of these preeious metals. Some go so far as to say it vious, bringing us a balance of trade of over $110,000,000-in this may practically control it, through the metric system of coinage, when you have the causes which made specie resumption possible. the two metals are blended in their natural ratio. But was specie resumption on the 1st day of January, 1879, a truth In this age of quick transit and almost constant contact of the great ful annunciation of the nation's ability to pay its demand liabilities in commercial nations of the earth revulsJons can be but temporary; the gold? On that day there was outstanding, first, gold certificates, $21,- ebb of the receding tide eastward but augments the flow westward for 580,700; seeond, matured United States bonds, $22,140,642; third, ma investment in our products. If we can fully restore the confidence ot tured interest, $4,081,903; fourth, legal-tender notes, $346, 681,016; ag the people in the precious metals, begetting thereby the habit of priz gregate demand liabilities being $394,484,261. Gold in the Treasury, ing our coin, it will lead to frugality and thrift, the surest foundation $135,382,639 to accomplish this. This is the way the books stood on of a people's permanent prosperity, placing in power those who are in that day after Sherman had sold $100,000,000 of our 4! per cent. bonds full sympathy with our people on this question, and not under the for gold to the New York and London syndicate, paying them ! to t per domination of corporate power. We can infuse into our diplomacy a cent. commission, and we have been paying and will have to pay interest vigor and earnestness on this question which will be more powerful on these bonds until maturity. What a climax to a prologue of consum than the Latin Union, and which will take our money where our flag mate financjal crime! Not one dollar of legal-tender notes was pre goes, . to be received and respected by all peoples. sented for redemption, and our silver certificates have so steadily grown Mr. Speaker, I ask leave to print some tabulated statements in ref in favor that more than $90,000,000 of gold coin has been sent to our erence to our product of the precious metals and the fluctuations in Treasury in exchange for them. · You gentlemen from New England their value. and the great financial cities oi this country, who in this debate are The SPEAKER. The Chair hears no objection. clamoring that we should stop the coinage of the silver dollar, should have more respect for silver as a potent agency, as in truth the factor Native product of gold and silver from 1859 to 1873. solving the problem of national finance. Now, how shall we treat this silver question so far as it may be in Year. . \olved in the requirements of ser:tion 4 of this bill. The United States ----I--Go-ld_.__ l __ s_n_ve_r_. nnexpeetedly finds itself heir to about $8,000,000 silver coin in the 1859 ...... ~ ...... $50,000,000 I $100,000 trade-dollars proposed to be recoined into standard dollars in order to 1860...... 46,000,000 150,000 afford a uniform silver circulation, which will upply om coinage mints 1861...... • ...... 43, 000, 000 2, 000, ()()(} 1862...... 39, 200, ()()() 4, 500,000 about four months in coining. The United States Government is, under 1863...... 40, 000, {)()() 8, 500, 000 this provision, not iu the market during these four months as a purchaser of silver bullion. It is in the condition ofthe miller whose bins are full ofgrain to overflowing, and he stops the purchase until he can grind his =::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1 ~~m~m ~~e:m stock on hand, and if he buys it will be for speculative purposes. The Gevernmenthas not only been unexpeetedly supplied with silver bull ion sufficientforcoinagefor four months to come, but has on hand, for which there is ne present demand, 38,000,000 standard silver dollars over and above all demands upon it for redemption of silver certificates i::::::::::::i::::::·:::::::::i::::::::::::::::::::;::;;;::::::::::::::::::::l i:m:! I ~:m:m outstanding, as will be seen by the following st~tement which I have just received from the Treasurer. PRODUCT WEST OF THE MISSOURI RIVER. Condition of gold and silver in our Treasury :Jiarch 29, 1884. WELLS, FARGO & Co. EXPRESS AND BANKING, Gold roin in Treasury and mints ...... $150, 249,735 24 San Francisco, Jawu.ary 1, 1884. Go!d bullion...... 60, 624, 333 10 DEAR Sm: The following is a copy of our annual statement of pre<'jous metals produced in the States and Territories west of the Missouri River (including 210,974,068 34 British f'..olumbia a.nd receipts by express from the west coast of 1\Iex.ico) during Gold certificates outstanding...... 69, 854, 820 00 1883, which shows aggregate products as follows: Gold, $29,236,492; silver, 547,- 229,&!9; copper, $5,683,921; lead, $8,163,550-total gros result, $90,313,612. 141,919,248 34 CR.lifornia shows a decrease in gold of $1,629,021:1, and an increase of silver of $969,844.. Nevada shows a falling off of $1,591,755. The Comstock shows an in crease of $392,468, but there is a deerease in the product of Eureka district of ~:~':Jab~~il~~~·d;;ii~;;:::::::::::::::::::: :.:·.: ::::·.:::::·.:::::·:.::·.:·:.::::·:.::::·::::::::: 1J: ~: fi~ ~ .,.1,519,124. With the ex<'eption of Montana and Idaho, there is a decrease in the product of the other States and Territories. 1 The facilities afforded for the transportat-ion of bullion, ores, and base metals Silver certificates outstanding...... ~:~::i ~ by the extension of railroads int~ the mining districts increase the difficulty of verifying the reports of the products from several important localities, and 38, 060, 120 61 . the general tenrlency is to ex~ggerntion when the actual values are not obtain able from aut-hentic sources; but the aggregate result, as shown herein, we think: Ag:Un, if this bill becomes a law, the trade-dollars will be practi- may be relied on with reasonable confidence as approximately correct. 2478 CONGRESSIONAL RECORD-HOUSE. APRIL 1,. Annual products of precious metals in the States and Territories wm of the Missouri River, 1873. Gold dust and bull- Silver bullion by Ores and base bull- States and Territories. Gold dust and bull- ion by other con- Total. ion by express. veyances. express. ion by freight. California...... ,...... 813,182,188 $659,109 $1, 171,748 $660,269 $15,673,314. Nevada ...... :...... 1,097,595 -· 5,924,252 1, 749,774 8,771, 621 Oregon...... 3lf7,927 ...... 193,'963' 11,~ ...... 592,980 Washington...... 42,117 21,058 0o.1.a...... -...... 63,526 Alaska ...... 85, 000 20, 000 ...... 105, 000 Idaho...... 1, ffl7, 985 215, 5CJ7 692,545 1, 819,700 3,805,827 Montana ...... 2, 380,000 119,000 4, 900,000 2, 480,000 9, 879, 000 Utah ...... -...... 27,036 4,134 2,398,627 4,587;885 7,017,682' Colorado...... 2, 341,692 4, 434,444 17,533,864 24,310,000 NewMexico...... 123,642 ...... oo;ooo· 1,190,977 2,048,900 3,413,519 Arizona...... : ...... ~ 340,686 150,000 4,147,427 3,545,630 8,183,743' Dakota...... 2, 448, 000 245,000 130, 000 ...... 2, 823, 000· Mexico (west coast)...... 767,836 ...... 3,870,54.8 384,000 5,~,·~ BritishColumbia...... l-_____5_21..:..,_6_13_ , _____1_30_,_403_ -1_... _ .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. _.. _,._.. _.. _.. _... _. 1-.._ .. _ .._ .. _.. _•• _.. ._ .._ .._ .. _.. _... _ .. _ .. _ .._ .. ______1 1 1 ~-m ~~~ ~~~ ~~m ~~m Annual prodtu:ls of lead, copper, silver, and gold in the States and Territories tce3t of the J.fissouri River, 187G-1883. I IX) I~ -' b.OS G3"" Q).-. 0 en • ~.£9 ·-0 G3· o..a..:o 'Q go;.§ The net product of the States and Territories ~-:c'g.;: § ~ '-< O..cl'Q ;.4 west of the Missouri River, exclusive of British P._tll'g tllo 8 ~S·!!l~=~ o Gld1:al~ Columbia and west coast of Mexico, divided, Year. ~ c:).,..+>Q_.:, is as follows : ~o.,..~~:3g ..~~ G3'S g~ s:O-;; ::i~C O:z I!;.M 'tlgoEld '8 . Q) s·;::] Q) ~'Co!:~ 8 P:;fr; s d~ :: ~ ll-1 Lead. Copper. Silver. Gold. . 1870 ...... $)4, 000, 000 $52, 150, 000 n,oso,ooo ...... $1.7,320,000 $33, 750,()()() 1871 ...... 58,284,000 55,784,000 2,100,000 ao oo oooo eooooo oooo 19,286,000 34,398,000 1872 ...... : ...... 62,236,959 60,3o'"l,824 2,250,000 19,~429 38,177,395 1873 ...... 72,258,693 70,139,860 3,450,000 ·················· 27,483,302 39,206,558 1874 ...... 74,401,045 71,965,610 3,800,000 .··················...... 29,699,122 38,466,488 1875 ...... 80,889,057 76,703,433 5,100,000 ...... 31,635,239 39,968,194 1876 ...... 90,875,173 87,219,859 5,040,000 ...... 39,292,924 42,886,935 1877 ...... ~ ...... 98,421,754 95,811,582 5,085,250 ...... 45; 8«>, 109 44,880,223 1878 ...... 81,154,622 78,276,167 3,452,000 ...... 37,248,137 37,576,030 1879 ...... 75,349,501 72,688,888 4, 185,769 37,032,857 31,470,262 1880 ...... 80,167,936 77,232,512 5, 742,390 ""$898,"600' 38,033,055 32,551>,007 :].881 ...... 84,504,417 81, 198,474 6,361, 902 1,195,000 42,987,613 30,653,959 1882 ...... 92,411,835 89,207.549 8,008,155 4,055,037 4 ,133,039 29,0ll,318 1883 ...... 90,31~,612 84,639,212 8,163,550 5,683, 921 42,975,101 27, 816, 64.0 The exports of silver during the present year to .Japan, China, India, the enemies of silver to be the weak spot in the general subject where a Straits, &c., have been as follows: From Southampton, ~.260,237; from Mar seilles, $851,840; from San Francisco, $4,498,546--total, $38,610,623, as against $43,- successful assault"could be made. It was la-cking in the legal-tender 266,000 in 1882. element. With the aid of jobbers and speculators it was not a. difficult JNO . .J. VALENTINE, task to bring this coin into discredit and disfavor among the people. Vice-President and General Superintendent. Hon. W. H. M. PusEY, Washington, D. C. It is only an evidence ofwhat the allied forces of the oppositon would do with the standard dollar if they had the power. The following table of the relative value of silver at various times will be oi interest here. We quote the price for 4l2f grains troy, this being the weight of But, :Ur. Speaker, I am opposed to that feature of the bill which the standard dollars, and by adding to it the value of 7f grains, about H cents, provides that there shall be a suspensionofthe purchase of silver bull tbe t·eader will have the relative value of the trade-dollar: ion for coinage into standard dollars pending the redemption and re Value. Value. coinage of the trade-dollar. I oppose it on the b!oad ground that it is 1818...... 100. 88 1864...... • ...... 104. 06 1849 ...... 101. 30 1865 ...... 103. 52 a practical and substantialcontractionofthevolumeof silver currency 1850...... 101. 83 1866 ...... 103. 63 in circulation among the people. This is the vital point put in issue. 1851...... ·~'"'"...... 103. 42 1867...... 102. 67 Let me read section 4 of this innocent little bill, which is as follows: 1852...... 102. 57 1868 ...... - ...... 102.57 1853 ...... 104. 26 1869 ...... 102. 47 SEC. 4. That the trade-dollars so received at the coinage mints shall be re 1854...... 104. 26 1870 ...... 102. 67 garded and treated as silver bullion, and, at their bullion value, shall be de 1855 ...... 103. 95 1871 ...... 102. 57 ducted from the amount of bullion required to be purchased and coined by the 1856 ...... 103. 95 1872 ...... 102. 25 a quired by the act of 1878, would have to be suspended for four and one of these things, and particularly the attitude of the Administration_ half months. Is this desirable? Does any friend of the standard dol backed np by the dominant party and its press, is it any wonder that. lar want this? Is it not the entering-wedge to total demonetization in the dignity of silver as a money metal seems destined at times to snc the near future if the enemies of silver can carry their purpose. cumbtotheclamor? Nothing but the unconquerable will ofthe-Amer Let no man be deceived into voting for this bill with section 4 in it, ican people and their deep 1·everence for the hard, stable money of the · simply because it is backed np by a favorable report of the committee. past prevents it. You have swindled the people out of free, unlimited It is replete with hidden dangers.. Every member on this floor who is coinage. We shall insist now that you live up to the strict letter or opposed to silver, every member who is in favor of striking down the the two-million-per-month-compromi e law until you give us some- standard dollar and the closing of the doors of tlte mints against the fur thing better in its place. Its plain provisions must not be infringed_ ther coinage of them, will be found votil~g to retain this obnoxious sec or rendered nugatory in any particular, under any pretext whatever. tion. Watch the roll-call, and yon will find everyoneofthemrecorded It was a bad bargain for the people; but I am here to insist on its ful on that side. I especially warn Democrats, who are the friends of silver fillment to the letter until you give us something better. For the and of the people, to be careful of the vote they shall give on this im present, at least, full force and effect must be given to the act of 1 iS. portant measure. Mr. Speaker, from the very dawn of civilization silver has been the The other side of the House will be found almost to a man in favor money of the people; it has a Biblical record; it goes back to the Abra of destroying silver. They never miss an opportunity to degrade it be- hamic period: ''Abraham was rich in silver and gold;'' the high priests . fore the country. Section 4 is a direct infringement of the coinage law and patriarchs and chief scribes of the ancients used it, and to-day it of 1878. It means that the volume of silver currency shall be decreased is the money of three-quarters of the people on the globe. True, a few to the amount of the trade-dollars found to be outstanding, the lowest leading nations of the earth have demonetized it, but still, in point of estimate of which has been placed at $9,000,000, and it may reach numbers, the people who maintain it as a standard of value are va tly $15,000,000. Are you prepared for this? Is there a demand for it any in the majority. When we consider that America is the greatest pro where except that which comes np from the national banks and other ducer of this metal, can there be any question as to which side the· monopolists in the East? No one can successfully deny that until within moral support and influence of this Government should be thrown? a brief period these trade-dollars have circulated currently among the In my judgment that is an amateur descr·iption of statesmanship that people everywhere. .They have occupied the place of an equal number would discredit one of the chief products-a chief source of wealjill- of standard dollars. of our own country. No person having the slightest regard for truth and fair dealing be But let ns look for a moment at the history of the silver legislation tween man and man will attempt to gainsay this-proposition. It is a in this country. Silver was the money of the fathers of the Republic, fact of manifest correctness on its fa.ce. Now, to treat these trade-dol standard dollars of 412~ grains, 900 fine; and it continued to be the lars as bullion is simply to withdraw and contract the silver currency money of the people until our bonded debt and the national banks came, of the country in any sum ranging from $9,000,000 to 515,000,000. into existence. These are the influences that destroyed silver and that Nothing more, certainly nothing less, can be made out of it. It is are still making war on it through the Republican party, between equivalent to recalling and recoining from 9, 000,000 to 15,000,000 of which there is a close affinity, an alliance offensive and defensive. Trace standard dollars. The trade-dollar is outstanding and has been in act the legislation. It is intimately associated and blended all along the. ive service as a medium of exchange among the people. It is for these line. First the bonded debt of the Government-was made payable in. reasons, briefly and imperfectly stated, that I am opposed to section 4 lawful money of the United States. That was the language of the law of the bill. on which the bonds were originally issued. Greenbacks came within - This leads me to some further observations on the general question of the category of lawful money. Greenbacks depreciated in the markets silver and of silver legislation. I do not propose to treat it as a local of the world. The bondholders and national banks became dissatisfied; question, for it is not. It is a great, broad, national subject, a1fecting, they wanted more; they insisted on their pound of flesh from the Gov in my judgment, the best interests of all the people in every section of ernment and the people, these men and corporations whose appetites our common country. Stating it mildly, 111r. Speaker, the attitude of had been sharpened by greed, men given np to avarice, which has been. the Government on this subject is wrong. The men of the East who eloquently described as "the most debasing passion in the heavens oppo e silver as one of the money metals of the land are also radically above, the earth below, or beneath the earth." Then itwasthatthey wrong. To my mind, a.nd I have learned something of the subject by again approached Congress, through the Republican party, and secured.. contaet and observation, there can be no question about this. The Gov a modification of the original law, making the obligations of the Gov ernment ought not to be requiTed to purchase $2,000,000 of bullion or ernment payable in coin. Coin at that time meant silver as well as gold. any other sum per month for coinage into standard dollars. This was a great and beneficent measure, we were told, designed solely The law of 1878 requiring this is pernicious. The f':n>vernment does to uphold and strengthen the credit of the nation. not purchase and coin gold. It should have nothing to do with the ~1r. LACEY. If it will not interrupt the gentleman, I would ask_ ownership of either metal prior to coinage. Both metals should be whether the act of 1862, which provided for Lhe first issue of greenbacks, placedoneqnal footing and the entire product of both should be minted. did not also provide that the customs dues of the United States should_ The proper function of the Government will have been discharged when be payable in coin, and that this coin should be set apart as a fund secure .section of the land. Values, confidence, credit, all were swept away in blow at sil\er they also cripple the production of gold? We cannot mine a day, and for the first time in our hi tory, be it remembered, the for gold alone. In pretty much all of the ores of theWest the two metals ''tromp '' made his appearance among us. Gentlemen may not be able are held in combination in about equal parts. You cannot strike to trace the connection between demonetization and the inauguration down one without injuring the other. Neither is silver an incident of ()f the ''tramp'' era, but I call attention to the fact that by a remark gold mining. In all of the lower-grade mines (and the low grades are able coincidence they are of even, date. The depression which hung the rule and at the same time the more valuable and permanent) it take like a pall over the country and every material interest thereof from both metals to yield a profit, and that too with silver in good demand 1873 to 1878 is known of all men. Perhaps the demonetization of silver and at a fair price. Whenever you do anything here which discredits did not produce this unhappy state of affairs, but the circumstance is and depreciates silver, bear in mind that by the same act you discour .at least significant and supplies its lesson. . age the production of gold, a metal which you all assume to hold in Mr. BELFORD. May I ask the gentleman from Nevada if it is not the highest and holiest ~teem. .a fact that Germany, after the discovery of gold in California, absolutely I had not intended, 1\Ir. Speaker, to discuss the genm'al. subject of demonetized gold in the interest of the Rothschilds? ' sil>er, but I find so many bills and substitutes pending before the House Mr. CASSIDY. I believe the gentleman from Colorado is correct. I that I can see no way open to me but to meet the whole question upon have seen it so stated, though I have nothing authentic on the subject. its merits. There can be no question that Germany at once proceeded to dishonor Let us now turn for a moment to the operations of the Treasnry ince :Silver when she saw that. we were producing it in large quantities. silver was restored in 1878. Let us see whether we have been bene But let me not be diverted from my purpose to draw another lesson fited or injured by the law of that date. from the more recent legislation on the subject of silver. It is patent The total volume of money in this country may be set down at (I deal to all that a Democratic Congress partially restored silver to its old place in round figures) $700,000,000in paper, :P500,000,000ingold, and$250,- in 187 , an act which was immediately followed by a period of unpar 000,000 in silver. .At the date of remonetization and specie resump .alleled and unexampled progress and pro perity throughout every por tion there was less than 300,000,000 of gold, and comparatively but tion of our common country. Nay, more, specie resumption, in my a nominal sum in silver in this country. The Treasury was practically juogment and in the judgment of many able financiers, was alone ren destitute of both metals. The Secretary was authorized to ell 100,- -dered possible through remonetization and the restoration of silver. In 000,000 of bonds for gold to make ready for and to maintain specie re the fa{;e of these indisputable facts of history, who can say that this sumption. To-day he has more gold than he knows what to do with; money of the people is not entitled to the fullest and fairest considera the vaults are absolutely overflo"\\'ing and one of the serious problems tion at the hands Qf all men who seek to ad\ance the public weal. We confronting this Congress is what to do or how to di pose of the sur know that demonetization in 1873 was succeeded by universal distress, plus. Was there ever anything like it known before in the history of while general prosperity followed remonetization in 1878. The states governments? A. surplus of gold of more than 100,000,000 for which man who is honestly striving to solve this question correctly can not the Government can find no immediate use. Think of it. .And in th(; .and will not ignore the effect produced by these acts respectively. mean time we have coined and placed in the Treasury 166,125,119 I have said, Mr. Speaker, that three-quarters of the people of the standard dollars, on ninety-six million and odd of which silver certifi ·world use silver exclusively. Less than 15 per cent. of the people of cates have been issued, thus placing in circulation among the people the habitable globe employ the single gold standard. The average rela approximately $150,000,000 in coin and paper without in any manner ·tive value of the two metals for two hundred years prior to demoneti disturbing the gold reserve. Could anything be more satisfactory or . ..zation in the United States in 1873 wa8 less than 3 per cent. · It has furnish a more complete refutation of the senseless gabble that the :sometimes reached 5 per cent. since 1873, all owing to the false attitude standard dollars would inevitably drive all of the gold out of the Treas in which the United States had been placed on the snbject. Thecotm ury? More than this, Mr. Speaker, we have been told for years that ·tries which use gold only as astandardofvalue are Great Britain, Den silver would drive all of the gold not alone out of the Treasury but :mark, Sweden, Norway, Portugal, Turkey, Canada, Brazil, .Argentine out of the country as well. Have any of these gloomy predi<.:tions Republic, Persia, Cape of Good Hope, and the Australian colonies, with and prophecies come true? Let us look into this matter briefly an~ ;.an aggregate population of 138,600,000. Those which use silver only see how it stands. · I have here a little table, prepared with great care, _.as a standard of value are Russia, .Austria, Mexico, Central America, which tells the whole story. It shows the movements of these metal Ecuador, Peru, China, British India, Siam, Burmah, Dutch colonies of from the first year after remonetization down to the present time. It . Java, Madeira, Egypt, Tunis, and Tripoli, with an aggregate population is a most potent and eloquent argument in behalf of silver, and gentle -of772, 000,000. Those using both gold and silver and having the double men will do me a great favor by giving special attention to the figures . ..standard are France, Belgium, Switzerland, Italy, Greece, Roumania, The more I study this table the more I become convinced that the single Holland, Spain, United States, Colombia, Venezuela, Chili, Uruguay, standard advocates are unsafe financial doctors and should never 3e,uain _Paraguay, Bolivia, Cuba, and .Algiers, with an aggregate population of be allowed. to interfere with the patient. 181,100,000. The population who use gold alone as a standard and Value of gold and silver impo1·ted into and exported from the United States ·those who use silver alone as a standard and those who use both are from 1879 to 1883, inclusive . ..divided as follows: Exports. Imports. Standards. Population. Per cent. Year ended .Tune 30- Gold. Silver. Gold. Sih·er. -Gold ...... :...... 138,600,000 13 .Silver...... 772,000,000 71 .Gold and silver...... 181,100,000 16 18i9 ...... $4,587,614 $20,409,827 $5,624,94 $4,587,614 1-----1---- 1880 ...... 3, 639, 0?..5 13, 503, 894 80,758,396 12,275,914 Total ...... : ...... 1, 091,700,000 100 1881 ...... 2, 505, 132 16, 841, 715 100, 031, 259 10,544,238 1882 ...... 32,587,880 16,829, 599 34., 377' 054 8,095,336 1883 ...... 11, 600, 888 20,219, 445 17,734.,149 10, 75J,242 This table embraces forty-five countries of the commercial world, and :about all that are of any consequence in the consideration of this sub Total for five years...... 54,980,539 frl, 804,480 238, 525, 806 1 46,258,344 ject. The Westminster Review and the Journal des Economistes, both em- This covers the exports and imports for five yea.m. The argument inent authorities, estimate that the annual product of gold and silver is ~bsolutely unanswerable. I will not detain the House to analyze the ·throughout the world is less than $200,000,000. Soetbeer and other table in detail or by years. It speaks for itself both in detail and a a . distinguished economists and writers claim that ~60, 000,000 of gold and whole. But let us contemplate the aggregates for the five years for a .-$28,000,000 of silver are annually consumed in the arts and manufact- moment. Dropping the odd figures, we exported 54,000,000 of gold ures. The accidents of life, abrasion of coin, waste, and burials it is and $87,000,000 of silver, over 30,000,000 more of silver than of gold, estimated will consume $30,000,000 more, making a grand total of which is not a bad showing when we consider that the silver was to $118,000,000, and reducing the annual net increase in all the world to chase all ofthe gold out of the country. But the figures for the other .about$80,000,000, an insignificant sum compared with the demands ofa direction are even more significant; our imports can not fail to confound rapidly expanding commerce and a growing population. In this coun those who have predicted dire disaster from the rehabilitation of the ·try in particular the maximum of production of the precious metals has standard dollar. ·long since been reached and passed. The flush bonanza days have gone, Ponder well the astounding facts and see what becomes of all of your -never to return. adverse criticism. Forthefiveyearsourimportsof gold were $238,000,- It is true that we will continue to produce for generations to come 000, while we brought to this country from all sources and direction .anywhere from 25,000,000 to $75,000,000 per annum, but there is no but $46,000,000 in silver, a clear excess of $192,000,000 in favor of the likelihood that we shall ever again reach the enormous figures of a few importation of gold. Is anything further wanted? Where are the _years ago. Hence it is to be said that -not the s1i.ghte:st apprehension prophets of evil and darkness and disaster? Who can repeatthatthrough need be felt that there will ever again be an abnormal production of the remonetization we are destined to attract the sil verof the Old World and precious metals in this country. It is a theme of serious regret, in my at the same time lose our gold? Where can there be found a single ..opinion, that this important product is slowly but surely tending in adverse circumstance on which to predicate a doubt? Point it out in the other direction. .And do gentlemen know that when they strike a all the length and breadth of this question if you can. It does not ex- 1884. CONGRESSIONAL RECORD-HOUSE. 2481 ist anywhere. Our position, backed up as it is by the demonstrated facts, $96,000,000 of gold with 96,000,000 of silver certificates, the operation is simply impregnable. being confined to a single subtreasury. Do these operations indicate All the talk and bluster about European silver finding its way hither any want of confidence in silver on the part of the people? Do they is the supremest nonsense. I am astonished that any man of ordinary not show that the people prefer silver to gold? Those who parted intelligence-the most ordinary-should seriously put forth such an with their gold for silver certificates did so understandingly. They .argument. All European coins are debased; they are not equal to ours knew that the silver certificates, for which they paid gold, were re either in weighl or fineness. There is also a marked difference in the deemable alone in silver. ratio. The ratio ' everywhere in the old country is as 15! to 1, while Who, then, has a right to assume that gold is held ill higher esteem ours is 16to 1. A.thometheycirculateatparwithgold, whileherethey than standard silver or the paper based thereon? Where is the evi would rank below our standard silver. No foreign coin can come here dence of it? On the contrary, does not the transfer of $96,000,000 of .and enter the field side by side with our silver without sustaining a gold for :S96,000,000 ofsilver, dolla.rfor dollar, even up, and no grum loss of from 3 to 4 per cent. in depreciation, to say nothing of the cost bling, stand out as an irrefutable answer to all of your clamor about Qf exchange and transportation. This is enough to keep them out for the disfavor with which the people '\1iew the standard dollar? The .all time. A very moderate tariff would successfully exclude foreign tmth is, and the whole tmtb, that you are constantly misleading the .silver bullion if there was any disposition for it to flow in this direction, public with reference to the a"(lcumulation of silver in the coffers of which there is not. Less duty would protect us from any real or imag the nation. Despite your assertions, the Government owns to-day less inary danger from this cause than is imposed for the benefit of pig-iron. than 40,000,000 of all the standard dollars locked up in the Treasury. But regarding silver bullion as a valuable asset and great source of The people paid gold for them, or what is equivalent, for the silver cer wealth as I do, I would not place any restrictions whatever upon it. tificates which they represent, and as a consequence the Government Having first shown that it was impossible for the foreign coins to enter has parted with its ownership-the ownership thus vesting in the peo this country, I merely suggest a way to control the influx of foreign ple. In every calculation, therefore, it is but simply fair to treat this bullion, should it be absurdly concluded that we were attracting too $96 000,000. held for the redemption of an equal amout of silver cer much of it. But enough on this point; the figures given and the de tificates, as being in adive circulation among the people. It is the ductions made are more than conclusive of this branch of the case. same as though it were not in the Treasury at all, and should be esti And now, 1\u. Speaker, I desire to direct the attention of the House mated accordingly. I have here the official statement, which, however, to another distressing aspect of this subject. There are tho e who affect Lshall not take the time of the House to read, showing all of these to be seized with great terror and alarm the moment the current of trade transaclions as I have represented them. turns against us. All such persons have my profoundest sympathy. And now, sir, this brings me to a ve:cy brief consideration of the But what are we going to do about it? In what respect does silver af superiority of the silver certificate over any other form of paper money fect the case? Oh, but gentlemen say yonder pileofsilverin the Treas in use in this country save the gold certificate. It is vastly superior ury is driving all of the gold out of the country. How? to any and every variety and description of paper money based on the When we say that the balance of trade is against us we mean that we mere ability of the Government to pay, based on your credit, or on have bought more from foreign countries than we have sold to them. your debts. I have no hesitancy in declaring that silver certificates Under existing rules the balances betwlien nations are payable in gold are the best and safest form of paper mtmey that this cauntry ever .coin. We have lately been called upon to export some 13,000,000 to knew. Every dolla.r of them has something tangible, something with make good our balances. Our high war tariff is operating to exclude intrinsic value behind it. All other forms are predicated on the faith the products of the leading nations from our markets, and by way of re and credit of the nation. The greenbacks are iu that condition, and so taliation Germany and France discriminate against American pork, and are the notes of the national banks. And just here will some gentle England through her quarantine regulations is excluding our cattle. man kindly tell me wherein a n Treasury from the State of New York making the same recommenda it, my Democratic friends, with 60 majority, had not the courage even tion. We also have a Secretary of the Navy from the State of New to consider it under the leadership of one of the mo t distinguished Hampshire. Of the popuJation of this country two-fifths only reside Democrats on that side of the House. east of the Alleghany Mountains, and three-fifths reside on the other - But, Mr. Speaker, I want to call the attention of the House to an side of the Alleghanies. Yet not one of that three-fifths of the popu other question. lation of this country is intrusted with any duty in connection with A MEMBER. Come to the trade-dollar! the great financial interests of the country. l\1r. BELFORD. I will c.ome to the trade-dollar after awhile. I am And here is my venerable friend from Pennsylvania [Mr. KELLEY], "getting in 'my hour now. This is the first time! have had an hour who for years I have revered and respected. After he had gone to Ger for eight years, and I am going to use it. [Laughter.] You recollect, many and consulted with that brutal tyrant, Bismarck, he comes back Mr. Speaker (Mr. Cox, of New York: in the chair), and I hope you will here and advocates practically the cessation of the coinage of silver. incorporate it in the memoirs you are going to write as a sequel to those Mr. KELLEY. I beg leave to say to the gentleman that I am not of :hfr. Blaine-I have tried my hand at some and po ibly failed, but conscioUs of having been in Germany. I did in my weakness stretch my I am in the line of uccession-you will remember what was the con travels as fur as Paris, where I spent three weeks, but had not the dition of our currency previous to 1 69. What did Congress then do privilege of seeing many German statesmen there. with reference to the coinage of the silver dollar? It passed an a-ct de .Mr. BELFORD. This House will recollect, because I read them claring that the debts of this nation should be paid in coin. What was with pleasure, a series of letters which that gentleman wrote after he the coin of the Constitution? It wns the silver dollar, which before had had a brilliantinterview with Prince Bismarck. we formed this Government wa the unit of value; and the States only .Mr. KELLEY. When? gave the right of coinage to the United Sta.tel upon the express condi Mr. BELFORD. Two years ago, I think it was. tion that the General Government should keep on with this coinage. Mr. KELLEY. If I remember rightly it was five years ago. That was the basis of the argument in the convention that formulated Mr. BELFORD. Oh, no ! and brought forth that Constitution. The States never intended to Mr. KELLEY. Yes; thatis, if my arithmetic sustains me upon the give to the General Government the right to stop the coinage, but they basis of 1879 from 1884. . said, '' To allow you to make the coinage uniform, as we are to he a l\Ir. BELFORD. The gentleman's arithmetic might sustain him on nation and a republic, we will give you the power of coinage.' Any the question of when he wrote the pamphlet, but when it was produced, man who read the history of that convention can reach no other con in my judgment, wns the last Congress. clusion. 1r. KELLEY. I am talking about the alleged interview with Bis But the great moneyed interests of this country are always wise, al marck, which occurred five years ago. way cunning and everlastingly diligent in making money dear and . Mr. BELFORD. Very well; let us get to another point. [Great everytbipg else cheap. What did they do in 1 69? You may say that laughter. J I say that when the gentleman came back from Europe this it was done by a Republican Senate. I care nothing about the name last fall, with his improved health, for which we should all be grateful, of Republican or the name of Democracy. I am, above all and every he introduced a bill into this House to stop the coinage of silver. He thing else, for the people of this nation against either party that loan is willing to stand up here and ad vocate day after day the protection of itself to monopoly of any sort. What did they do? As I said, they pig-iron, is he not? Do not we all know that? pa ed a bill providing that the national debt shouJd be paid in coin .. l\fr. KELLEY. I do not want to interrupt the gentleman. Silver had been the coin of this Republic until they demonetized it :Mr. BELFORD. You can go right along, it will not diSturb me at it is alleged by a fraud. That word "coin" was put in the Con titu all. tion with an unquestionable meaning. The silver dollar had been the 1\Ir. KELLEY. I know the gentleman's candor would prevent him unit of value. It had been the currency of all the States. Our great from misrepresenting a friend. . gold-prot.lucing fields had not been discovered. And with that idea in 1\Ir. BELFORD. I v.iOuld not do it for the world. the Cocstitution, thi Congress in 1 69 pa ed a bill providing that the Mr. KELLEY. My desire is to promote the world-wide use of silver debt of this nation should be payable, not in gold, but in coin-the coin on its ancient basis; and my bill is one which I believe to be well cal of the Constitution, the coin of our fathers. And yet under the man culated to force arrogant England, the persecutor of silver and silver agement that they hnse there in the Treasury Department, with 260,- using nations, to sue for relief from her own arrogance by asking for 000 000 of debt that is open to redemption to-day, and with a surplus, the remonetization of f'ilver on this ancient basis, and that is the object a I have repeatedly declared, ofS150,000,006, weare forced to pay in to which I aim. tereSt to the bondholders and keep the money there in the interest of Mr. BELFORD. Why did not the gentleman introduce a bill to pro the bankers. · tect arrogant England on the subject of pig-iron? [Great laughter.] I say it is time that we members of this House make war upon the The gentleman from Pensylvania stands here and asks us people from theory that dominates this Administration, I care not whet]ler it i the West to protect pig-iron, and I have voted to do it. New Jersey Republican or Democratic. I find that communism has ab olutely com stands here and asks me to protect her silk interests. Connecticut says menced its devastating course in this country. Look at the riot in to me, '' I want you to vote to protect my cutlery interests; '' and Cincinnati. You may say that they prang out of the attempt to ad Louisiana says, "I wantyou tovotetoprotectmysugarinterests; 'and minister justice in an individual case. Oh, no; the mantle is too broad I have always voted in that direction. Yet there is a settled, tudied for that. You do not get an army that keeps a city in subjection for policy on the part of the monopolists of the East to discredit and injure three or four days on that ubject. It is because the people of this and ruin the great industry of my State. country are beginning to realize and feel that no man by honest and l\fr. KELLEY. I would like to ask the gentleman whether any of legitimate industry can earn twenty million in one year and deprive these monopolists failed to stand by him for the duties he demanded the people of the currency that belongs to them in the legitimate exerc~ for the lead of Colorado-an industry scarcely second to her silver? oftheirtradeand busine . That is what it means. And I advi eyou And I want to know if they failed to protect her pig-iron, nail faer derived a dollar, though I have pent will require these Bessemer steel rails? To the South and to theWest, thousands upon them. I am looking at thi as a broad national ques through ·old Mexico, across the Isthmus of Panama, down south to tion. I commend it to the House, not on account of the trade-dollar, Central America, then to the Argentine Republic, and over to Brazil. but on account of the volume of your currency. Let us not allow our We have in my State mountains, solid mountains of iron. We can run selves to have it diminished, to produce insurrection, to incite riots, to a railroad train from those mountains down grade without an engine. make men poorer on the one side and richer on the other. And when wecome tocompetewith the iron interests ofPennsylvania Wha.t is the fourth section of this bill but a covert attempt to stop I can give notice to my friend that we will not need to stand up here the coinage of silver in the face of the act of 1869 and in the face of for a tariff on pig-iron. the Constitution itself? Let us equalize the coinage. That was the Oh, yes; you protected lead, but you destroyed the tariff on wool. object of the Constitution in a large degree. Favors are equal and mutual on that subject; and when the effort was l\fr. Speaker, let us strike out the fourth section of this bill and in made to bring that wool que..c;tion before this House, and I tried to help form th e gentlemen that under no state of circumstances shall they 1884. CONGRESSIONAL RECORD- HOUSE. 2485 be allowed to diminish the volume of our currency. There, and there :Mark you, this is in Wall street that this trade springs up. These alone, is the path of safety for this nation in my judgment. trade-dollars were used and bought up by brokers and speculators, and Now, I voted the other day to extend the bonded period on whisky were imposed upon the laborers in payment of their wages, especially because I knew it would keep 70,000,000 out of the Treasury and let on laborers in my district of Pennsylvania. that amount of money remain in circulation among the people. And Mr. BROWNE, of Indiana. Is not that a strong argument in favor yet this House, and I say it respectfully, voted it down by over 100 of never issuing a dollar unless it is worth a dollar? majority. That, sir, was the result of the performance here the other :Mr. BRUMM. It is a strong argument in favor of never issuing a day. Are my Democratic friends going before the country first with dollar unless you make it a legal tender, my friend. the declaration that they are opposed to the bonded-whisky bill, and :Mr. WELLER. Good enough! . then are they going_before the country with the still further declara Ur. BRUMM. It is not a question of intrinsic value. Why, this tion that they are in favor of abolishing the coinage of silver? Are they very trade-dollar itself, containing more silver than the standard dol going, in the third place, before the country with the open declaration lar, was at 15 per cent. discount when they were discredited. They ofareduction of expenditures in reference to the Navy of 8,000,000 were at this discount while the standard dollar went from all hands for below the estimates sent in to Congress by the Navy Department? .Are 100 cents all over this land. Your fiat gave it the 15percent. premium they going before the country with the declaration, in the fourth place, over your trade-dollar, notwithstanding that it had 6! per cent. less that they cut down the estimates of the Post-Office Department 4, 000,- intrinsic value than the other, which had no fiat value attached to it. 000? Gentlemen of the Democratic party, are we forever and forever No argument could be stronger in favor of the proposition that I have to hold the WhiteHouseattheexpenseofyour absolutely silly blunders? made than this very fad of. the depreciation of an intrinsically more [Laughterandapplause.] Yes, you may smile, butitisne\erthelessall valuable coin when the Government discredited it. It is a warning to true. I think it was General Grant who declared the Republican party Congress never again to issue money unless it makes it a legal tender; could always trust for success to the blunders of the Democracy. and since you have interrupted me on that question, I wish to deny the [Laughter and applause.] Why, in the name of Heaven, why do not. propo ition of my friend from Nevada [Mr. CASSIDY] by tating that you men get some sense on these political subjects? [Applause.] there was no paper dollar in circulation, no silver dollar, or no gold dol I have promised to yield some of my time, and in the first instance lar that was at a premium over and above any other paper, silver, or I will yield to the gentleman from Pe:imsylvania [Mr. BRUIDI] for fif gold dollar. teen minutes. I deny the proposition that the greenback dollar, being at the rate of Mr. BRUMM. Mr. Speaker, I am sorry that in the introduction of two hundred and sixty for one hundred of the standard dollars, ever this bill the committee saw fit to incorporate the entire silver question. was a dollar. It never was a legal tender, therefore it was not the de I am so anxious to ee this trade-dollar gotten rid of~ and feel every preciation of the greenback but the appreciation of the gold. Why, if body on the floor of this House is in favor of disposing of that tra terially affect the question of the unlimited coinage of silver? You have it sooner or later. And now that we have this measure before us, have branched out upon that question on both' sides as though the very we ought t-o avail oursel-ve3 of the opportunity, so very rare in this gist and marrow of this question depended upon the question of un House, to change this obnoxious law. limited coinage or the question of the absolute stopping of coinage. I will not now, Mr. Speaker, enter upon the discussion of the dif This bill does not affect that question direc!rly, nor at all in fact. ferent coins that we have had and that we ha-ve repealed. If we get The trade-dollars can only affect it ~the extent of the number that so that we can offer amendments, I will do so within four or five min are in existence, and to that extent you are practically curtailing ut.es. But it is important we shoula now consider this question; and the cunency; you are practically making the volume of your cur I ro ·e simply to a k the Hot1$e when we get a vote to vote down the rency short to that extent. It is true your trade-dollars are not previous question in order that we may con ider these amendments. :floating from hand to hand; but they are being held by the business Mr. Speaker, lest I may not have the happy fortune to get the floor men who have depo ited them in banks; and- there they are to the again on this question, I desire to a k to ha-ve printed as a part of my credit of these business men a deposit or as collaterals. And if these remarks the decision of the Supreme Court of the United Stares on the trade-dollars were not there, there would have to be some other kind of legal-tender qu tion, both the majority and minority opinion . I end money there. Therefore they are practically in circulation or se.{Ving them to the desk without asking to have them read, but a k that they as ub titutes for circulation; and if you adopt this fourth section you may be printed in the RECORD. I do so because it is -very rare copies are practically contracting the currency to that extent. And while you of this decision can be procured. I ·got this one from the clerk of the are clamoring about contraction of the cunency by the payment of the Supreme Court, who had to hunt for orne time before he could get one national debt compelling the retirement of the bank note, and a ert copy. I have not had time to read the opinions myself, but I de ire to that it will produce a pn.nic why do you aggravate the contraction by do so, and I ask to have them printed in the RECORD for the informa recoining the trade-dollar without supplying it place? I ask in all tion of the Honse. honesty and candor whether you are willing to do that simply becau e There was no objection. it may keep in circul::l.tion a few dollars more of sil-ver, and thus make The decision of the Supreme Court and the eli enting opinion are as our ba is a little broader and to that extent the more difficult to cor follows: · ncr by the gold-bug? UPREME COURT OF THE m~TED STATES. No. 9.-Qctober term, 1883. CHARGES AGAIXST H. V. BOYNTOX . Augustus D. Juilliard, plaintiff in error, vs. Thomas S. Greenman. In error to 1r. HOPKI~S. I rise t-o make a privileged report. I am instructed the circuit court of the United States for the southern di trict of New York. by the elect committee appointed to investigate charges against H. V. Congress ha the constitutional power to make the Treasury note of the United Boynton to present its report. The resolution which concludes there States a legal tender in payment of private debts in time of peace as well as in time of war. port is unn.nimously agreed to by the committee. There ; are some Under the act of May 31, 187 , chapter 146, which enacts that notes of the United point of disagreement on which the minority wish to -have their views States i. sued during the war of the rebellion under acts of Congress declaring printed. I ask t-o ha-ve the report printed and laid over, and I will call them to be a legal tender in payment of private debts, and since the close of that war redeemed and paid in gold coin at the Treasury, hall be rei ued it up for adoption hereafter. and kept in circulation, notes so reis ued are a legal tender. The SPEAKER. The report will be printed and laid over, and if [March 3, 1884.] there be no objection the minority will have leave to present its views Mr. Justice Gray delivered the opinion of the court. to be printed with the report of the majority. Juilliard, a. citizen of New York, brougilt an action again t Greenman, a citi There was no objection. zen of Connecticut, in the circuit court of the United States for the outbern dis trict of New York, alleging that the plaintiff sold and delivered to the defend l\1r. SPRINGER. I call for the reading of the resolution. ant, at his special instance and reque t, oue hundred bale of cotton, of the The resolution was read, as follows: value and for the agreed price of $.3,122.90, and that the defendant agreed t-o pay that sum inca h on the delivery of the cotton, and had not paid the same or any Resolved, That the charge against H. V. Boynton are not sustained by the part thereof, except that he had paid the urn of S23.90 on account, and was now evidence, and that there is no ground for any action by the House. justly indebted to the plaintiff therefor in the sum of l>5,100, and demanding judgment for this sum with interest and co t . MESSAGE FRO~i THE PRESIDEYT. The defendant in his answer admitted the citizenship of the partie , the pur . S~\eral messages, in writing, from the President of the United Stat.es chase and delivery of the cotton, and the agreement to pay therefor, as alleged: and m·err-ed that after the delivery of the cotton he offered and tendered to the were commUllicated to the House by Mr. PRUDEN, his Secretary, who plaintiff, in full payment, $22.50 in gold coin of the United States, forty cent in also informed the House that the President bad approved anti igned a silver coin of the United States, and two United State notes, one of the denomi bill and joint resolution of the House of the following titles: nation of 85,000 and the other of the denomination of 100, of the de cription known as United tate legal-tender note , purporting by recital thereou to be An act (H. R. 4971) making appropriations for the support of the legal tender at their respective face n1lue , for all debt , public and private, Military Academy for the fiscal year ending June 30, 1 85, and for other except duties on imports and intere ton the public debt, and which, after hav pnrpo e ; and ing been pre en ted for payment, and redeemed and paid _,iu gold co'.o, since January 1, 1879, at the United States ubtreasury in -ew York, had been re Joint re olution (H. Re . 215) reappropriating the sum of $125,000 issued and kept in circulation under and in pur u::mce of the a ct of Congre of not expended for the relief of sufferer by the floods of the Mississippi l\Iay 31, 1878 chapter 146; that at the time of offering and tendering the e uotes River. and coin to the pu1intiff the sum of 85,122.90 was the eutire amount due and owing in payment for the cotton. but the plaintiff declined to receive the note TRADE-DOLL.&R. in payment of $3,100 thereof; and that the defendant had evet· since remained, and still wa, ready and willing to pay to the plaintiff the sum of$3,100 in these The House resumed the consideration of the bill (H. R. 4976) for the notes, and brought these notes into court, ready to be paid to the plaintiff if he retiTement and recoinage of the tra~e-dollar. would accept them. Mr. BELFORD. I yield five minutes to the gentleman from Texas The plaintiff demurred to the answer upon the grounds that the defense, con isting of new matter, was insufficient in law upon its face, and that the facts [1\Ir. MILL ] , after which I will yield to the gentleman from Ohio [ Ir. tated in the answer did not constitute any defen e to the can of action alleo-ed. WAR~ER]. The circuit court overruled the demurrer and gave judgment for the defend 1\Ir. 1ILLS. I pnly take the floor to ask the Hoose to vote down the ant, and the plaintiff sued out his writ of error. · The amount which the plaintiff eeks to recover, and which, if the tender prenous question when it is mbved on this bill. It is a very important pleaded is insufficient in law, he i entitled to recover, is 55,100. There can, mea ure and all the disco ion which we have had and all that we are therefore, be no doubt of the juri diction of this court to revi the judgment of t-o have upon it is utterly worthless if we are not permitted to avail thecircuitcourt. (A.ctofFebruary16 1875,ch.77,sec.3; 18 tat.,3L5.) The notes of the United States, tendered in payment of the defendant's d ebt ourselves of the light we have been receiving by offering proper amend to the plaintiff, were originally i ued under the act of Congt·e of February ments to thi-, measure. 25, 1862, ch. 33, July 11, 1862, ch. 142 and l\larch 3, 1863, ch. 73, passed during the It i a very difficult matter indeed for the numerous bills that are war of the rebellion, and enacting that the e notes should • be l::l.wful money and a legal tender in payment of all debts, public and private. within the United presented to this House and referred to the committees to get even are States," except for duties on imports and intere ton the public debt. (12 Stat., port, fe:worable or nnfa\orable, from a committee. But it is much 345, 532, 709.) more difficult to get a; bill reported by a committee up for considera The provisions of the earlier act of Congress, so far as it Is nece ary for the under tanding of the recent statutes to quote them, are re-enacted in the fol tion in this House. Thi important mea ure has overcome all these lowing provisions of the Revised Statutes: intervening obstacles and is now before this Honse for consideration; "SEc. 3579. When any United States notes are returned to the Treasury, they and I hope the House will not permit its impatience to induce it to may be rei ued, from time to time, as the exigencies of the public intere t may require. . clo e down the opportunity for debate and amendment on the mea ure "SEc. 3-580. When any United tates notes returned to the Treasury are so with a view of perfecting it. There are several amendments that han mutilated or otherwise injured as to be unfit for use, the Secretary of the Treas been propo ed whichought to be considered. And I do not mean that ury is authorized to replace the arne with others of · the same character and amounts. we ought simply to speak on them with the door closed in our face, "SEc. 3581. Mutilated United States note , when replaced according to law, and then drive the bill to a vote in this Honse as it comes from the and all other notes which by law are required to be taken up and not reLsued, committee so that the Hou e shall be compelled to -vote for or against when taken up shall be de troyed in such manner and under uch regulation it without any modification. as the Secretary of the Treasury may prescribe. "SEc. 3582. The authority given to the Secretary of the Treasury to make any As I said the other day, I have an amendment which I intend to offer reduction of the currency, by retiring and canceling United State notes, is if permitted to get to the point in the bill where it can be amended to suspended." • provide we shall stop coining the denomination of dollar. Thatamend "SEC. 35 . United States notes shall be lawful money and a legal tender in payment of all debts, public and private, within the United State , except for ment meets the approbation of many gentlemen on both sides of this duties on imports and interest on the public d ebt." Hou. e: It is r_ecognized as an inconvenient coin all over the country, The act of January 14, 1875, chapter 15, "to provide for the resumptiou of specie payment," enact¢ _that _on and after January 1, 1879, "the Secretary of and.It IS r~gmzed by the representatiYes of the people here as an incon the Treasury shall redeem m com the United States legal-tender notes then vut veruent com. The people want money for con-v~nience, and they will standing, on their presentation for redemption at the office of the assishmt 1884. CONGRESSIONAL RECORD-HOUSE. 2487 treasurer of the United States in the city of NewYork,in sums of not less than power. Where various systems might be adopted for that purpose it might be $50;" and authorized him to use for that purpose any surplus revenues in the said 'vith respect to .each that it was not necessary because the end might be Treasury and the proceeds of the sales of certain bonds of the United States. (18 obtained by other means. Congress mu t possess the choice of means and 'Stat., 296.) must be empowered to use any means which are in fact conducive to the exer The act of May 31 18i8, chapter 146, under which the notes in que tion were cise of a power granted by the Con titution. The Government is to pay the ~eissued, is entitled 1•An act to forbid the further retirement of United States debt of the Union, and must be authorized to use the means which appear to legal-tender notes," and enacts as follows: itself the mo t eligible to effect that object." (2 Cranch, 396.) ''From and after the passage of this act it shall not be lawful for the Secretary In l.\IcCulloch vs. Maryland he more fully developed the same view, conclud -of the Treasury or other officer under him to cancel or retire any more of the ing thus: 'We admit, as all must admit, that the powers of the Government are United States legal-tender notes. And when any of said notes may be redeemed limited, and that its limits are not to be transcended. But we think the sound or be received into the Treasury under any law from any ource whatever and con truction of the Constitution must allow to the National Legislature that .shall belong to the United State , they shall not be retired, canceled, or de discretion with re pect to the mean by which the powers it confers are to be .stroyed, but they shall be rei ued and paid out again and kept in circulation: carried into execution which will enable that body to perform the high duties Provided, That nothing herein shall prohibit the cancellation and de truction of assigned to it in the manner most beneficial to the people. Let the end be legit mutilated notes and the is ue of other notes of like denomination in their stead, imate, let it be within the scope of the Constitution, and all means which are .as now provided by law. All acts and parts of acts in conflict herewith are appropriate, which are plainly adapted to that end, which are not prohibited, bereby repealed." (20 Stat., 7.) but con i t with the letter and spirit of the Constitution, are constitutional." The manifest intention of this act is that the notes which it directs, after hav (4 Wheat., 421.) ing been redeemed, to be reissued and kept in circulation, shall retain their The rule of interpretation thus laid down has been constantly adhered to and -original quality of being a legal tender. acted on by this court, and was accepted as expressing the true test by all the The single question, therefore, to be considered, and upon the answer to judges who took part in the former discussions of the power of Congress to make which the judgment to be rendered between these partie depends, is whether the Treasury notes of the United States a legal te~der in payment of private not-e of the Unit-ed States, i ued in time of war, under acts of Congress declar debts. ing them to be a legal tender in payment of private debts, and afterward in time The other judgments delivered by Chief-Justice Marshall contain nothing ad -of peace redeemed and paid in gold coin at the Treasury, and then reissued un- verse to the power of Congress to is ue legal-tender notes. -der the act ofl8i8, can, under the Constitution of the United States, be a legal By the Article of Confederation ofl777, the United States in Congress assem tender in p11.yment of such debts. bled were authorized "to borrow money or emit bills on the credit of the United Upon full consideration of the case, the court is unanimously of opinion that it States;" but it was declared that "each State retains its sovereignty, freedom, -can not be distinguished in principle from the cases heretofore determined, re and independence, and every power, jurisdiction, and right which is not by this ported under the names of the Legal-tender Cases, 12 Wall., 457; Dooly vs. Smith, confederation expressly delegated to the United States in Congress assembled." 13 Wall., 604; Railroad Company vs. Johnson, 15 Wall., 195; and Maryland vs. Rail {Art. 2; art. 9, sec. 5; 1Stat., 4, 7.) Yet, upon the question whether, under those road Company, 22 Wall., 105; and all the judges, except 1\lr. Justice Field, who articles, Congress, by virtue of the power to emit bills on the credit of the United .adheres to the views expressed in his dissenting opinions in those cases, are of States, had the power to make bills so emitted a legal tender, Chief-Justice !\far opinion that they were rightly decided. shall spoke very guardedly, saying : "Congress emitted bills of credit to a large The elaborate printed briefs submitted by counsel in this case, and the opin amount, and did not, perhaps could not, make them a legal tender. This power ions delivered in the' legal-tender cases, and in the earlier case of Hepburn vs. resided in the States." (Craig vs. Missouri,4 Pet.,410, 435.) But in the Constitu-· -Griswold, 8 Wall., 603, which those cases overruled, forcibly present the argu tion, as he had before observed in McCulloch vs. Maryland, "there is no phrase ments on either side of the question of the power of Congre to make the notes which, like the Articles of Confederation, excludes incidental or implied powers, -of the United State a legal tender in payment of private debts. Without un- and which requires that everything granted shall be expressly and minutely -dettaking to deal with all those arguments, the court has thought it fit that the described. Even the tenth amendment, which was framed for the purpo e of grounds of its judgement in the ca eat bar should be fully stated. quieting the excessive jealousies which had been excited, omits the word 'ex ro question of the scope and extent of the implied power of Congress under pressly,' and declares only that the powers 'not delegated to the United States, the Constitution can be satisfactorily discussed without repeating much of the nor prohibited to the States, are reserved to the States or to the people; ' thus rea oning of Chief-Justice Marshall in the great judgment in McCulloch vs. leaving the question whether the particular power which may become the !aryland, 4 Wheat., 31&, by which the power of Congress to incorporate a bank subject of contest has been delegated to the one government or prohibited to the wns demonstrated and affirmed, notwithstanding the Con titution does not other to depend on a fair construction of.thewhole instrument. The men who .enumerate, among the powers granted, that of establishing a bank or creating a drew and adopted this amendment had experienced the embarrassments result corporation. ing from the insertion of this word in the Articles of Confederation, and proba- The people of the United States by the Constitution e tablished a Kational bly omitted it to avoid those embarrassments." (4 Wheat., 400, 406.) Government, with sovereign powers, legislative, executive, and judicial. "The The sentence sometimes quoted from his opinion in Sturges vs. Crowninshield Government of the Union," said Chief-Justk>e Marshall, "though limited in its had exclusive relation to the restrictions imposed by the Constitution on the powers, is supreme within its sphere of action;" ··and its laws, when made in powers of the States, and especial reference to the effect of the clause prohibiting pursuance of the Constitution, form the supreme law of the land." "Among the the States from passing laws impairing the obligation of contracts, as will clearly .enumerated powers of Government we find the great powers to lay and collect appear by quoting the whole paragraph: "Was this general prohibition in taxes; to borrow money; to regulate commerce; to declare and conduct a war; tended to prevent paper money? We are not allowed to say so, because it is anti to raise and support armie and nanes. The sword and the purse, all the expressly provided that no State shall 'emit bills of credit; ' neither could these external relations and no incou iderable portion of the industry of the nation, woras be intended tore train the States from enabling debtors to discharge their .are intrusted to its government. ' (4 Wheat., 405,406, 407. ) debts by the tender of property of no real value to the creditor, because for that A con titution establishing a frame of government, declaring fundamental subject also particular provision is made. Nothing but gold and silver coin can principle , and creating a national sovereignty, and int-ended to endure for ages be made a tender in payment of debt ." (4 Wheat. . , 122, 204.) .and to be adapted to the various crises of human affairs, is not to be interpreted Such report a have come down to us of the debates in the convention that with the trietness of a private contract. The Constitution of the United States, framed the Constitution afford no proof of any general concurrence of opinion by apt words of designation or get1eral de cription, marks the outline of the upon the subject before us. The adoption of the motion to strike out the words powers granted to the ~ational Legislature, but it does not undertake with the "and emit bills" from the clause "to borrow moneyandemitbills on the credit precision and detail of a code of laws. to enumerate the subdivision of those of the United State '' is quite inconclusive. The philippic delivered before the powers or to specify all the means by which they mn.y be carried into execution. Assembly of Maryland by 1\Ir.l\Iartin,.one of the delegates from that State, who 'hief-JusticeMarsha.ll, after dwelling upon this >iew, as required by the very voted against the motion, and who declined to sign the Constitution? can hardly 11aturc of the Constitution, by the language iu which iMs framed, by the limita be accepted as satisfactory evidence of the reasons or the motives of the majority tions upon the general powers of ~ngre s introduced in the ninth section of the of the convention. (See 1 Elliot's Debates, 34.5, 370, 376.) Some of the members first article, and by the omission to use any restrictive term which might prevent of the convention, indeed, as appears by Mr. Madison's minutes of the debates, it receiving a fair and just interpretation, added these emphatic words: "In expressed the strongest opposition to paper money. And Mr. Madison has dis considering this question, then, we must never forget that it is a constitution we closed the grounds of his own action by recording that "this vote in the affirm are expounding." (4 Wheat., 407. See also page 415.) ative by Virginia was occasioned by the acquiesence of Mr. Madison, who The breadth and coruprehen iveness of the words of the Constitution are no became atisfied that striking out the words would not disable the Government where more strikingly exhibited than in regard to the powers over the subjects from the use of public notes, so far as they could be safe and proper; and would of revenue, finance, and currency, of which there is no otherexpr~ sgrantthan only cut off the pretext for a paper currency, and particularly for making the may be found in these few brief clauses: · bills a tender, either for public or private debts." "The Congress shall have power to lay and collect taxes, duties, impo ts and But he has not explained why he thought that striking out the words" and excises, to pay the debts and provide for the common defense and general wel emit bills" would leave the power to emit bills, and deny the power to make fare of the United States; but all duties, imposts and excises shall be uniform them a tender in payment of debts. An'd it can not be known how many of the throughout the United States; other delegates, by whose >ote the motion was adopted, intended neither to pro "To borrow money on the credit of the United States; claim nor to deny the power to emit paper money, and were influenced by the " To regulate commerce with foreign nations, and among the several States, argument of 1\Ir. Gorham, who "was for striking out, without inserting any and with the Indian tribe ; prohibition," and who said: "If the words stand, they may suggest and lead to "To coin money, regulate the value thereof, and of foreign coin, and fix the the emission." "The power, so far as it will be necessary or safe. will be in standard of weights and mea ures." volved in that of borrowing." (5Elliot'sDebates, 434,435 and note.) And after The ection which contains the grant of these and other principal legislative the first clauJ>e of the tenth section of the first article h;J been reported iR the power concludes by declaring that the Congre s shall have power" to make all form in which it now stands, forbidding the States to make anything but gold laws which hall be nece ary and proper for carrying into execution the forego or silver coin a tender in payment of debts, or to pass any law impairing the ob ing powers, and all other powers vested by this Constitution in the Government ligation of contracts, when 1\lr. Gerry, as reported by 1\Ir. 1\Iadison, "entered of the United States, or in any Department or officer thereof." into observations inculcating the importance of public faith, and the propriety By the settled construction and the only reasonable interpretation of this clause of the restraint put on the States from impairing the obligation of contracts, the words "necessary and proper ' are not limited to such measures as are ab alleging that Congress ought to be laid under the like prohibition ," and made solutely and indispensably nece ary, without which the powers granted must a motion to that effect, he was not econded. (Ib., 546.) As an illustration of fail of execution, but they include all appropriate mean which are conducive the danger of ghi.ng too much weight upon such a question to the debates and or adapted to the end to be accomplished, and which in,the judgmentofCongre s the >otes in the convention, it may also be obsen·ed that propositions to author will most advantageously effect it. ize Congress to ~rant charters of incorporation for national object were strongly That clause of the Constitution which declares that" the Congre hall have opposed, espec1ally as regarded banks, and defeated. (lb., 440, 54-3, 5-14.) 'l'he power tQ lay and collect taxes, duties, imposts and excises, to pay the debts power of Congress to emit bills·of credit, as well as to incorporate national banks, and provide for the coftlmon defense and general welfare of the United States" is now clearly established by decisions to which we shall presently refer. either embodies a grant of power to pay the debt of the United tates ot· pre The wot·ds "to borrow money," as used in the Constitution, to designate a supposes and assumes that power as inherent in the United States a'S a so>ereign power vested in theNational Government, for the safety and w.elfa re of the whole government. But, in whichever a pect it be considered, neither this nor any people, are not to receive that limited and restricted interpretation and· mean other clause of the Constitution makes any mention of priority or preference of ing which they would have in a penal statute, or in au authority conferred, by the United States as a creditor over other creditors of an individual debtor. Yet law or by contract, upon trustees or agent for pri>ate purposes. this court, in the early case of United States vs. Fisher, 2 Cranch, 3:>8, held that The power " to borrow money on the credit of the United States " is the power under the power tO pay the debt of the United States Congress had the power to raise money for the public use on a pledge of the public credit, and may be to enact that debts due to the United States should have that priority of pay exercised to meet either present or anticipated expenses and liabilitie of the ment out of the estate of an insolvent debtor which the law of England ga>e Government. It include the power to issue, in return for the money borrowed, to debts due to the crown. the obligations of the United States in any appropriate form, of tock, bonds, In delivering judgment in that case Chief-Justice Marshall expounded the bills, or notes; o.nd in whatever form they are issued, being instrumeQts of the clause giving Congress power to make all necessary and proper laws as fol National Government, they are exempt from taxation by the governments of lows: "In construing this clause it would be incorrect and would produce the several State . (Weston vs. Charleston City Council, 2 Pet., 449; Banks vs. endle difficulties if the opinion should lie maintained that no law was au 1\Iayor, 7 Wall., 16 i Bank 'I.'S. Snpeni.sors, 7 Wall., 26.) Congress has authority to thorized which was not indispet;tsably necessary to give effect to a pecifi.ed is ue these obligations in a form adapted to circul-atio!l from hand to hand in the. •, • 2488 CONGRESSIONAL RECORD- HOUSE. APRIL 1, ordinary transaetions of commerce and busines . In order to promote and fa pretation of the whole Constitution, a particular power or authority appears to cilitate sach circulation, to adapt them to use as currency, and to make them be vested in Oongr , it is no con titutional objection to its existence or to its more current in the market, it may provide for their redemption in coin or exercise that the property or the contracts of individual may be incidentally bonds, and may make them receivable in payment of debts to the Government. affected. The decisions of thi court already cited afford several examples of So much i ettled beyond doubt, and was asserted or distinctly admitted by the this. judge who dissented from the decision in the Legal-tender ca e , a well a Upon the is ue of stock, bond , bill , or notes of the United tates, the State by those who concurred in that decision. (Veazie Bank vs. Fenno, 'Vall.,533, are deprived of their power of taxation to the extent of the proper t.y invested 54 ; H epburn vs. Griswold, 'Vall., 616,636; Legal-tenderca es, 12,Va11.,543,544, by individuals in uch obligations, and the burden of State taxation upon other 560, 582,610, Gl3, 637. ) . . . private property is correspondingly increased. The 10 per cent. tax, impo ed It is equally well settled that Congress ha the power to mcorporate nahonal by Congress on notes'of State banks and of private bankers, not only lessens banks, with the capacity, for their own profit as well as for the u e of the Gov the value of such note , but tends to• drive them, and all tate banks of i sue, ernment in its money transactions, of is uing bills which under ordinary circum- out of existence. The priority gh·en to debt due to f..he United States over the tances pas from hand to hand as money at their nominal value, and whlch, private debt of an insolventdebtor diminishe thevalue of thee debt ,and the when so current, the law has always recognized as a good te nder in payment of amount which their holders may receive out of the debtor' estate. money debts, unle specifically objected to at the time of the tender. ( nited So, under the power to coin money o.nd to regulate its value, Congre may' States Bank t·s. Bank of Georgia,10 Wheat., 333, 347; Ward m. Smith, 7 Wall., 447, (as it did with regard to gold by the act of June 2 , 1834, ch. 95, and with regard 451. ) The power of Congress to charter.a bank was maintained in McCulloch vs. to silver by the act of F e bruary 2 , 1 7 , ch. 20) i ue coins of the same denomi Maryland, 4 Wheat., 316, and in Osborn vs. United States Bank 9 Wheat., 738, nation as tho e already cunent by law, but of le intrinsic val ue than those chiefly upon the ground that it· was an appropriate mean for carrying on the by reason of containing a le s weight of the precious metal and thereby en money transactions of the Government. But Chief-Justice Iarshall said: "The able debtors t-o discharge their debts by the payment of coins of the less real currency which it circulate , by mean of its trade with individual , is believed value. A contract to pay a certain sum in money without any tipnlation as to to make it a more fit in trument for the purpo es of government than it could the kind of money in which it shall be paid may always be satisfied by pay otherwise be; and, if this be true, the capacity to carry on this trade is a faculty ment of that um in any currency which is lawful money at the p lace and time indispensable to the character and object of the in titution." (9"Wheat., 64.) at which payment i to be made. (1 Hale P . C.,192-194; Bac. Ab. Tender, B., 2; And l\Ir. Justice Johnson, who concurred with the rest of the court in uphold Pothier Contract of Sale, 1'\o. 416· Pardessus Droit Commercial, Nos. 204, 205; ing the power to incorporate a bank, gave the further reason that it tended to Searight vs. Calbraith, 4 Dall., 324..) As observed by l\Ir. Justice Strong in deliv give effect to "that power over the cunency of the country which the framers ering the opinion of the cour in the Legal-tender cases, "Every contract for of the Constitution evidently intended to give to Congres alone. ' (Ib., 873.) the payment of money simply is nece arily subject to the con titutional powet The constitutional authority of Congre to provide a currency for the whole of the Go>ernmentover the currency, whatever that power may be, and the ob country is now firrnly e tabli hed. In Veazie Bank vs. Fenno, Wall., 533,548, ligation of the party i therefore a umed with reference to that power." (12 Chief-Justice Cha , in delivering the opinion of the court, said: ·• It can not be Wall., 5-19. ) . doubted that under the Constitut.ion the power to provide a circulation of coin Congre , as the legislature ofa sovereign nation, qeingexpre ly empowered is given to Congress. And it.is settled by the uniform practice of the Govern by the Con titution " to lay and collect taxes, to pay the debts and ,l?rovide for ment, and by repeated decisions, that Congre s may con titutionally authorize the common defense and general welfare of the nited tate ," l\,Tld • to borrow the emission of bill of credit." Congre , having undertaken to supply ana money on the credit of the United State ,"and" tocoinmoneyand regulate the tional currency, con isting of coin, of Treasury-notes of the United tates, and value thereof and of foreign coin ;" and being clearly authorized, as incidental of the bills of national· bank", i authorized to impo eon a ll State bank , or na to the exercise of tho ~ e great power , to emit bills of credit, to charter national tional bank , or private bankers, paying out the note of individuals or of State banks, and to provide a national c urrency for the whole people in the form of banks, a tax of 10 per cent. . upon the amount of such note so pa id out. (Veazie coin, Trea ury notes, and national-bank bills, and the power to make the note Bank vs. F e nno, a bove cited; National Bank vs. United States,lOI . S., 1.) The of the Government a legal tender in payment of private debt being one of the rea ·on for this cuuclusion was stated by Chief-Ju ticeChase, and repeated by the power belonging to overeignty in other civilized nations, and not ex pres ly present Chief-Justice, iu these words: "Having thus, in the exercise of undis withheld from Congr by the Con titution, we are irrasistibly impelled to the puted constitutional power , undertaken to provide a currency for the whole conclusion that the impressing upon the Trea ury notes of the United tatesthe country, it can not be que tioned that Congre may, constitutionally, ecure quality of being a legal tender in pa yment of private debt i an appropriate the benefi t of it to the pt>ople by appropriate legislation. To thi end, n mea.ns, conducive and plainly adapted to the execution of the undoubted pow gre s has denied the quality of legal tender to forefgn coins, and has provided ers ofCon~ess consistent with the letter and spirit of the Con titution, and there by law against the imposition of counterfeit and base coin on the community. fore, within the meaning of that instrument," necessary and proper for carrying To the same end, Conl,'Te may restrain, by uitable enactments, the circulation into execution the powers vested by this Con titution in t,he Government of the a money of any notes not i ned under its own al!thority. Withoutthispower, United States." indeed , its attempt to secure a sound and uniform currency for the country must Such being our conclusion in matter of law, the question whether at any par be fut ile." (8 Wall., 549; 101. U.S., 6.) ticular time, in war or in peace, the exigency is ucb, by reason of unusual and By the Con titutionof the united States the several States are prohibited from pre ing demand on the resources of the Government, or of the inadequacy of coining money, emitting bill of credit, or making anything but gold and silver the supply of gold and ilver coin to furn.ish the currency needed for the u es -coin a tender in payment of debts. But no intention can be inferred from this to of the Government and of the peoplet that it is, as matter of fact, wise and ex denytoCongre seitherofthe epowers. 1\lostofthepowersgranted toCongress pedient tore ort to this means is a political question to be d etermined by Con are described in the eighth ection ofthefirstarticle; the limitations intended to gress when the que tion of exigency arise , and not a judicial que tion to be be set to its powers, so as to exclude certain things which might otherwise be afterward pa ed upon by the court . To quote once more from the judgment taken to be included in the general grant, are defined in the ninth section; the in 1\IcCulloch t·s. :\Iaryland: "Where the law is not prohibited , and is really cal tenth seetion is addressed to the States only. Tllis section prohibits the tates culated t-o effect any of the object intrusted to the Government, to tmdertake from doing some things which the United tates are expre -Iyprohibited from here to inquire into the degree of it necessity would be to pa s the line which doing, as. w ell as from doing some things which the United States are expressly circum cribes the judicial department, and to tread on legi la.tive ground." (4 authorized to do, anrl from doing some things which are neither expre ly Wheat., 423.) · - grante d nor expressly denied to the United States. Congress and the tates It follows that the act of :May 31, 1878, chapter 146, i con titutional and -valid, equally are expressly p rohibited from pas ing any bill of attainder or ex p ost facto and that the circuit court rightly h eld that the tender in Trea ury notes re i ned law, or gr:mting any title of nobility. The ta tesare forbidden, while the Pres and kept in circulation under that act was a tender of lawful money in payment. ident and Senate are expre ly authorized, to m ake treaties. The State are for of the defendant debt to plaintiff. bidden, but Congress i expresbly authorized, to coin money. The tate are Judgment affirmed. prohibited from emitting bills of credit; but Congre , which is neither ex 'CP:JlE::IIE CO'GRT OF THE ID'"ITE D TATES. pressly authorized nor expressly forbidden to do o, has, as we have already seen, been held tohavethe power"'femitting bills of credit, andofmaking every 1'\o. 9.-Qctober.term, 1 p rovision for their circulation as cun-ency, hort of giving them the quality of Augu tus D. Juilliard, plaintiff in error, vs. Thomas . Greenman. In error to legal tendet· for private debts-even by those who have denied its authority to the circuit court of the United tate for the southern district of New York. give them this quality. 1\Ir. Ju tice Field, di _enting. It appears to u to follow, as a logical and neceSsa.ry consequence, that Con From the judgment of the court in this ca e, and from all the po itions ad g ress has the power t.o is ue the obligations of the United States in such form, vanced in it support, I dissent. '.rbe question of the power of ongre to im a nd t-o impress upon them such qualities as currency for the purcha e of mer part the qualit·yof legal tende r to the note of the United State ,and thus make chandise and the payment of debts, as accord with the usage of sovereign gov them money and a tandard of value, is not new here. Unfortunately, it has ... e rnments. The power, as incident to the power of borrowing money and i uing been too frequently before the court, and its late t decision, previou to thi one, bills or notes of the government for money borrowed, of impressing upon tho e has never been entirely accepted and approved by the country. Xorshonlcl thi bill or notes the quality of being a lega l tender for the paymentofprivatedebts excite surprise, for whenever it is declared that this Government, ordained to was a power universally under tood to belong to sovereignty, i!l Europe and establish ju tice, ha the power to alter the condition of contract between pri America, at t11e time of the framing and adoption of the Con titntion of the vate partie , and authorize their payment or discharge in omething difl"erent United State . The governments of Europe, acting through the. monarch or the from that which the parties tipulated, thus disturbing the relations of com legislature, according to the distribution of powers under their respective con merce and the bu ine s of the community generally, the doctrine will not and stitution , had and have as sovereign a power of issuing paper money as of ought not to be readily accepted. There will be many who will adhere to the stamping coiu. This power has been distinctly recognized in an important teachings and abide by the faith of their fathP.rs. o the question has come modern case, ably argued and fully considered, in which the Emperor of Aus againhand will continue to come until it is ettled so as to uphold and not im tria, as King of Hungary, obtained from the English court of chancery an in pair t e contracts of parties, to promote and not defeat justice. junction against the issue in England, without his license, of notes purporting If there be anything in the hi tory of the Constitution which can beestabli hed to be public paper money of Hungary. (Austriavs. Day, 2 Giff., 628, and 3 D . F. with moral certainty, it is that the framers of that instrument intended to pro & J., 217.) T he power of issuing bills of credit, and making them, at the discre hibit the is ue of,legal-tender notes both by the General Government and by tion of the Legi lature, a tender in payment of private debts, had long been ex the State , and thu prevent interference with the contracts of private parti . ercised in this country by the several Colonie and States; and during the Rev D uring the Revolution and the period of the old Confederat.ion the Continental olutionary war the States, upon the recommendation of the Congre s of the Congre issued bills of credit, and upon its recommeilda,ion the State made 'Confederat ion, had made the bill issued by Congress a legal tender. (See Craig them a legal tender and the refusal to receive them an extingui hment of the vs.l\lissouri, 4 Pet., 435, 453; Briscoe vs. Bank of Kentucky, 11 Pet., 257, 313, 334- d ebts for which they were offered. They also enacted sever penaltie again t .336; Legal-tender cases, 12 ' Vall., 557, 558, 622; Phillip on American Paper Cur those w ho refused to accept them at their nominal value, a equal t-o coin, in ex rency, pa..ssim.) The exercise of this p ower not being prohlbited to Congress by change for commodities. And previously, as early a January, 1776, Congre the Constitution, it is included in the power expre ly granted to borrow money had declared that if any person should be "so lo t to all yirtue and regard for on the credit of the United tates. his country" as to refuse to receive in payment the bills then i ued, he should, This position is fortified by the fact that Congress is vested with the exclusive on conviction thereof, be " d eemed, published, and tr eated as an enemy of his exercise of the analogous power of coining m oney and regulating the value of country, and precluded from all tr ade and interco ur e with the inhabitant or domestic and foreign coin, and also with the paramount power of regul~ting the colonies." forcizn and interstate commerce. Under the power to borrow money on th e Yet this legislation proYed. ineffectual; the universal law of currency pre credit of the nited States and to issue circula!i ng note for the money bor vailed which make promises of money valuable only as they are convertible rowed, its power t-o define the quality and force of tho e notes as currency i as into coin. The notes depreciated until they became valuel in the handR of broad as the like power over a metallic currency under the power to coin money their po es ors. o it always will be; legi lative declaration can not make the and to regulate the value thereof. Under the two powers, tak en together, Con promise of a thina the equivalent of the thing itself. gress is authorized to e tablish a national currency, either in coin or in paper, The legislation to which the tate were thus induced to re ort was not con and to mak e that cur rency lawful money for all purposes as regard the Na- fined to the attempt to mak e paper money a legal tender for debts, but the prin tional Government or private indi,-iduals. · ciple that p rivate contracts could be legally impaired a nd their obligation di re The pow er of making the notes of the United tates a legal tender in pay garded being once established, other measure equally dish onest and destructive ment of p rivate debts, being included in the power to borrow money and to of good faith between partie were adopted. What followed i thus stated by p rovide a national cun-ency, is not defeated or restricted by the fact that its ex 1\I r. Justice Story in his Commentaries: "The history, indeed," he says, "of th e erchse may affect the value of private contracts. If, upon a just and fair inter- various laws which were passed by the State in their colonial and in depend- • 1884. CONGRESSIONAL RECORD-HOUSE. 2489 ent character upon this subject is startling at once to our morals, to our patriot ford circulation which will be available for other purposes." (Congre sional ism, and to our sense of justice. Not only was paper money issued and declared Globe, 1861-'62, part 1; 764.) And 'lJ>On that ground the provision was adopted, to be a tender in payment of debts, but laws of another character, well known some of the Senators stating that i'n the exigency then existing money must be under the appellation of tender laws, appraisement laws, installment laws1 and had, and they, the1·efore, sustained the measure, although they apprehended suspension Jaw 1 were from time to time enacted, which prostrated all private danger from the experiment. "The medicine of the Constitution," said Sena credit and all prlVate morals. By some of the e laws the due payment of debts tor Sumner, "must not become its daily food." (Id., 800.) A similar necessity was suspended; debts were, in violation of the very terms oft he contract, author was urged upon the State tribunals and this court in justification of the mea - ized to be paid by installments at different periods; property of any· sort, how ure, when its validity was questioned. everwortble , either real or pe1 onal, might be tendered by the debtor in pay The dissenting opinion in Hepburn vs. Griswold, referred to the pressure that ment of his debts, and the creditor was compelled to take the property of the wa-s upon the Government at the time to enable it to raise and support an army debtor which he might seize on execution at an appraisement wholly dispro and to provide and maintain a na-.-y. Chief-Jn tice Chase, who gave the pre portionate to its known value. Such grievances and oppre ions, and others vailing opinion in that case, also spoke of the existence of the feelmg when the of a like nature, were the ordinary results oflegislation during the Revolution bill was pa ed that the provision wa necessary. He favored the provision on ary war and the intermediate period down to the formation of the Constitution. that ground when Secreta,ry of the Treasury, although.he had come to that con They entailed t.he most enormous 6vils on the country, and introduced a sys clusion 'vith reluctance, and recommended its adoption by Congre . \Vhen tem of fraud, chicanery, and profligacy which de ~troyed all private confidence the question as to its validity reached this court, this expr ion of favor was and all indu try and enterprise" (2d vol., sec. 1371). referred to, and by many it was uppo ed that it would control hi j nd icial action. To put an end to this vicious ystem of legislation which only encouraged But after long pondering upon the subject, after li teuing to repeated arguments "fraud, thus graphically de cribed by Story, the clauses which forbid the States by able counsel, be decided against the constitutionality of the provision; and, from emitting bills of credit or making anything but gold and silver a tender in holding in his hands the casting ...-ote , he determined the judgment of the court. payment of debts, or passing any law impairing th&Obligation of contracts, were He thus preferred to preserve hi integrity as a judicial officer rather than his inserted in the Constitution. "The attention of the convention, therefore," says consistency as a statesman. In his opinion he thus referred to his previou Chief-Justice 1\Iarshall, "was particularly directed to paper money and to acts views: · which enabled the debtor to discharge his debt otherwise than was stipulated ''Itis not surprising that amid the tumult of the late civil war,and under the in the contract. Ha.d nothing more been intended, nothing more would ha,·e influence of apprehensions for the safety of t-he Republic almo t universal, dif been expressed, but in the opinion of the con...-ention much more reJnained to ferent views, never before entertained by American tatesmen or juri ts, were be done. The same mischief might be effected by other mean . To restore pub adopted by many. The time wa not favorable to considerate reflection upon lic confidence completely it wa necessary, not only to pwhibit the use of par the constitutional limits of legislative or executive authority. If power wa a - ticular means by which it might be effected, but to prohibit the use of any means sumed from patriotic motives, the as umption found ready justification in patri by which the same miscllief might be produced. The convention appears to otic hearts. ::\!any who doubted yielded their doubt , many who did not doubt have intended to establish a great principle, that contracts should be innolable." were silent. Some who were strongly averse to making Government note ale (Sturgis vs. Crown in hield, 4 Wheat., 206.) gal tender felt themselves constrained to acquie ce in the views of the ad vocate It would be difficult to believe, even in the absence of the hi torical evidence of the measure. Kot a few who then in i ted upon its nece ity, or acquiesced in we have on the subject, that the framers of the Con titution, profoundly im that view, have since the return of peaee and under theinfluence.of the calmer pressed by the evils resulting from this kind of legi lation, ever intended that time reconsidered their conclusion , and now concur in tho e which we have the new government., ordained to establi h ju. tice, hould po ess the power of just announced. These conclusions seem to u to be fully auctioned by the making its bills a legal tender, which they were unwilling should remain with letter and spirit of the Constitution.'' ( Wall, 625.) the State!', and which in the past bad pro...-ed so dangerous to the peace of the Itmu t be evident. howeYer, upon reflection that if there were any power in the community, so di turbing to the bu ine of the people, and so destructive of Government of the United States t<> impart the quality of legal tender to it prom their morality. . issory note , it wa for Congre s to determine when the necessity for it exerci e The great hist<>rian of our country has recently given to the world a hist<>ry existed; that war merely increa ed the urgency for money; it did not jl.Ud to of the convention, the result of years of labor in the examination of all public the powers of the Government nor change their nature; that if the power ex documents relating to it formation and of the recorded opinions of its framers; isted it might be equally exerciseJ when a loan wa made to meet ordinary ex and thus he writes: "With the full recollection of the need or seeming need of penses in time of peace as when vast s um were needed to support an army or paper money in the Revolution, with the menace of danger in future •time of a navy in time of war. The want· of the Go,·ernment could ne,·er be the meas war from its prohibition, authority to i ue bills of credit that should be legal ure of -its powers. But in the excitement and apprehen ions of the war these tender was refused to the General Government by the vote of nine State against considerations were unheeded; the measure was passed as one of overruling New Jer ey and 1\Iaryland. It was 1\Iadison who decided the vote of Virginia, nece ity in a perilous crisis of the country . Kow it is no longer advocated as and he has left hi.J te timony that' the pretext for paper currency, and particu one of nece sity but as one that may be adopt-ed at any time. N e ...-er before wa larly for making the bills a tender, either for public or private debts, was cut it contended by any jurist or commentator on the Constitution that the Govern off.' This is the interpretation of the clause made at the time of its adoption, ment, in full receipt of ample income, with a Trea ury overflowing, with more alike by its authors and by its opponents, accepted by all the statesmen of that money on hand than it knows what to do with, could i ue paper money as a age, not open to dispute because too clear for argument, and never disputed so legal tender. What was in 1862 called the" medicine of the Constitution" has long as any one man who took part in framing the Constitution remained alive. now become its daily bread. So it always happens that whene,·er a wrong pri n History can not name a man who has gained enduring honor by causing the ciple of conduct, political or personal, is adopted on a plea of necessity, it will be issue of paper money. 'Vherever uch paper has been employed it has, in every afterward followed on a plea of convenience. case, thrown upon its a,uthors the burden of exculpation under the plea of press The advocates of the mea ure have not been con i tent in the de ignation of ing necessity." (Bancroft's History of the formation of the Constitution of the the powe1· upon which they have s upported its validity, some placing it on the United States, vol. 2, 134.) power to borrow money, some on the coining power,ansl some baYe claimed it And when the convention came to the prohibition upon the States, the histo as an incident to the g eneral powers of the Goven1ment-. In the present case it rian ays that the cla.u e "no State shall make anything but ~old and sil...-er a is placed by the court upon the power to borrow money, and the alleged so,- tender in payment of debts" was accepted wit-hout a dissent1e1;1t State. " So ereignty of the United State O\' er the currency. It is assumed that this power, U1e adoption of the Constitution," he adds," is to be the end forever of pa{>er when exercised by the Government, is something different from what it i money, whether issued by the several State or by the United States, if the Con when exercised by corporations or individuals, and that the Government ha , stitution shall be rightly interpreted and honest.ly obeyed." (Vol. 2, 137.) by the legal-tender provi ion, the power to enforce loans of money because For nearly three-quarters of a century after the adoption of the Con titution, the sovereign governments of European countrie have claimed and exercised and until the legislation during the recent civil war, no jurist and no statesman such power. "The words to bon-ow money," says the court, "are not to re of any position in the country ever pretended that a power to impart the quality ceive that limited and restricted interpretation and meaning which they would oflegal tender to its notes was vested in the General Government. There is no have in a penal statute or in an authority conferred by law or by contract upon recorded word of even one in favor of its pos essing the power. All conceded, trustees or agents for private purpose.. " And it adds that" the power, as inci as an axiom of constitutional law, that the power did not exist. dent to the power of borrowing ,JDoney and i uing bills or notes of theGovern 1\Ir. 'Veb ter, from his first entrance into :public life in 1812, gave great consid 'IDent for money borrowed, of impr ing upon those bills or notes the quality eration to the subject of the currency, and m an elaborate speech on that sub ·of being a legal-tender for the payment of private debt , wa a power universally ject, made in the, enate in 1836, then sitting in this room, he said: "Currency, understood to belong to sovereignty, in Europe and America,, at the time of the in a large and perhaps just sense, includes not only gold and silver and bank framing and adoption of the Constitution of the United States. The govern bill , but bills of exchange al o. It may include all that adju ts exchanges and ments of Europe, acting through the monarch or the legislature, according to settles balances in the operations of trade and busine ; but if we understand the distribution of powers under their re pective con titutions, had and have as by currency the legal money of the counfry,and that which constitutes a legal sovereign a power of i suing papet· money as of tamping coin," and that "the tender for debts, and i the standard measure of value. then undoubtedly noth exercise of this power not being prohibited to Congre by the Constitution, it is ing i included but gold and silver. 1\Iost unquestionably there is no legal tender, included in the power expres ly granted to borrow money on the credit of the and there can be no legal tender in this country, under the authority of this Gov United States. ' ernment or any other, but gold and il...-er, either the coinage of our own mints As to the t-erms to borrow money, where, I would a k does the court find or foreign coins at rate regulated by Congress. Thi is a con titutional prin any authority for giving to them a different interpretation in the Constitution ciple1 perfectly plain and of the highest importance. The States are expressly from what they receive when u ed in other in trument , a in the charters of prohibited from making anything but gold and silver a legal tender in payment municipal bodie or of private corporation , or in the contracts of individuals? of debts, and although no such express prohibition i applied to Congress, yet-, They are not ambiguous; they have a well-settled meaning in other instru as Cong1·ess has no power granted to it in this respect but to coin money and to ments. If the court may change that in the Con titution, o it may the mean regulate the value of foreign coins, it clearly. has no power to substitute paper or ing of all other clau es; and the power which the Government may exerci e anything el e for coin as a tender in payment of debt and in discharge of con will be found declared, not by plain word in the organic law, but by words of tract . Congre has exercised this power fully in both its branches; it has a new significance re ting in the mind of the judges. ntil orne authority coined money, and still coins it; it has regulated the value of foreign coins, beyond the alleged claim and practice of the sovereign governments of Europe and still regulates their value. The legal tender, therefore, the constitutional be produced, I must believe that the term have the same meaning in all instru standard of value, is establi bed and can not be overthrown. To overthrow it ments wherever they are used i that they mean a power only to contract for a would shake the whole y tern." (Webster' Works, vol. 4, 2TI.) - loan of money upon considerations to be agreed between the partie . The con When the idea of imparting the legal-tender quality to the notes of the United ditions of the loan, or whether any particular ecnrity hall be given to the States issued tmder the fir tact of 1862 was first broached, the advocates of the lender, are matters of arrangement between the parties; they do not concern measure rested their support of it on the ground that it was a war measure, to any one el e. They do not imply that th borrower can give to his promise to which the country was compelled to re ort by the exigencies of it-s condition, refund the money any security to the lender outside of property or rights which being then sorely pre ed by the confederate forces, and requiring the daily ex he possesses. The transaction is completed when the lender part with hi penditure of enormous sums to maintain its Army and Navy, and to carry on money and the borrower gives his promise to pay at the time and in the man the Government. The R-epresentative who introduced the bill in the House de ner-and with the securities agreed upon. clared thatitwasameasnreofthatnature, "one ofnecessityandnotofchoice;" Whatever stipulations m ay be made, to add to the value of the promise or to that tile times were extraordinary, and that extraordinary measures must be re secure its fulfillment, must nece arily be limited to the property, rights, and sorted to in order to save our Government and preserve our nationality. (Speech privileges which the borrower po sesses. Whether he can add to hi promise of Spaulding, of NewYork; Cong. Globe,l86l-'62,Pa.rt1,523.) Othermembers any element which will induce other to receive them beyond the security which of the House frankly confessed their doubt as to it-s constitutionality, but yield d he gives for their payment, depends upon his power to control such element. their support of it under the pressure of thi supposed necessity. If he has a right to put a limitation upon the use of other persons' property, or In the Senate also the measure was pre sed for the same reasons. 'Vhen the to enforce an exaction of some benefit from them, he may give such privilege to act was reported by the Committee on Finance, its chairman, whilst opposing the lender; but if he has no right thus to interfere with the property or po ses tlie legal-tender . provision, said: "It is put on the ground of absolute, over sions of others, of course he can give none. It will hardly be pretended that the whelming necessity; that the Government has now arrived at that point when Government of the United States has any power to enter into an engagement it must have funds, and those funds are not to be ob tained from ordinary sources, that, as security for it not-es, the lender hall have special privileges with respect or from any of the expedients to which we have heretofore had recourse, and, to the visible property of others, shall be able to occupy a portion of their lands therefore, this new, ano1Dalous, and remarkable provision must be resorted t-o or their houses, and thus interfel'e with the po e ion and use of their property. in order to enable the Government to pay off the debt that it now owes and af- If the Government can not do that, how can it tep in and say, as a condition or 7 2490 CONGRESSIONAL RECORD-HOUSE. APRIL 1, loaning money, that the lender shall have a right tO interfere with contracts be that alone which is money can be a legal tender. If this be the true import of tween private parties? the language, nothing el e can be made a legal t-ender. We all know that the A large proportion of the property of the world erists in contracts, and the value of the not-es of the Government, in the market and in the commercial world Government has no more right to deprive one of their value by legislation generally depends upon their convertibility on demand into coin; and as confi ~pernting directly upon them, than it has a right to deprive one of the value of dence in such convertibility increases or diminishes, so does the exchangeable .any visible and tangible property. No one, I think will pretend that individ value of the notes vary. So far from becoming themselves standards of value by uals or corporations possess the power to impart to their evidences of indebted reason of the legislative declaration to that effect, their own value is mea ured nes any quality by which the bolder will be able to affect the contracts of by the facility with which they can be exchanged into that which alone is re other parties, strangers to the loan; nor wo•ud any one pret-end that Congress garded as money by the commercial world. They are promises of money, but po ses es the power to impart any such quality to the notes of the United States, they are not money in the sen e of the Constitution. The term money is used -except from the clause authorizing it to make laws necessary and proper to the in that instrument in several clauses: in the one authorizing Congre to "bor -execution of its powers. That cln,u e, however, does not en~rge the expressly row money;" in the one authorizing Congress to ' coin money;" in the one de -de ignated powers; it merely states what Congress could have done without its claring that" no money" shall be drawn from the Treasury but in consequence insertion in the Con titution. \Vithout it Congress could have adopted any of appropriations made by law; and in the one declaring that no State shall .appropriate means to borrow; but that can only be ap.f;>ropriate for that pur "colo money." And it is a settled rule of interpretation that the same term oc pose which has some relation of fitne to the end, whiCh has respect to the curring in different parts of the same in trument shall be taken in the same terms e entia! to the contract, or to the securities which the borrower may sense, unless there is something in the context indicating that a differ nt mean furni h for the repayment of the loan. The quality of legal tender does not ing was intended. Now, to coin money ishas I have s::~.id, to make coin out of touch the terms of the contract; that is complete without it; nor does it stand metallic sub tances,.and the only money t e value of which Congress can regu as a. security for the Joan, for a security is a thing pledged, over which the bor lateis coined money, either of ourmintsorofforeign countrie . It should seem, rower has some control, or in which he holds some interest. therefore, that to borrow money i to obtain a loan of coined money, that is, The argument presented by the advocate of legal tender is, in substance, money composed of the precioft.S metals, representing value in the purchase of this: The object of borrowing is to raise funds j the addition of the quality of property and payment of debt . Between the promises of the Government, de - legal tender to the notes of the GoYernment w1ll induce parties to take them, ignated as its securitie , and this money the Constitution draws a distinction, :and funds will thereby be more readily loaned. But the same thlngmaybesaid which disappears in the opinion of the court. of the addition of any other quality which would giYe to the holder of the The opinion not only declar that it is in the power of Congress to make the note ome advantage over the property of others, as, for instance, that the notes notes of the Government a legal tender and a standard of value, but that under the hould sen·e a a pa_s on the public conveyances of the country, or as a ticket power to coin money and regulate the value thereof Congre may i ue coin to places of amu ement, or should exempt hi property from Stat-e and munic of the same denominations a those now already current, but of less intrinsic ipal taxation or entitle him to the free use of the telegraph lines, or to a per value, by reason of containing a less weight of the precious metals, and thereby -centage from the revenues of private corporations. The same consequence, a enable debtors to discharge their debts by payment of coins of less real value. rea.dy acceptance of the notes, would follow ; and yet no one would pretend that This doctrine is put forth as in orne way a justification of the legi lation au the addition of privileges of this kind with respect to the property of others, thorizing the tender of nominal money in place of real money in payment of over which the borrower has no control, would be in any sense an appropriate debts. Undoubt-edly Congre s has power to alter the value of coins issued, either measure to the execution of the power to borrow. by increasing or diminishing the alloy they contain; so it may alter a tits pleas Undoubtedly the power to borrow includes the power to give evidences of the ure their denomination ; it may hereafter call a dollar an eagle, and it may call loan in bond , trea ury notes, or in uch other form as may be agreed between an eagle a dollar. But if it be intended to assert that Congre s can make the the parties. Tpe e may be issued in uch amounts as will fit theQJ. for circula coins changed the equivalent of those ha>ing a greater value in their previou tion, and for that purpose may be made payable to bearer, and transferable by condition, and compel parti contracting for the latter to receive coins with ·delivery. Experience has shown that the form best fitted to secure their ready diminished '"alue, I must be permitted to deny any such authority. Any such acceptance is that of notes payable to bearer, in such amounts as may suit the declaration on its part would be not only utterly inoperative in fact but a shame .ability o£ the lender. · The Government, in ub tance, says to parties with whom ful disregard of its constitutional duty. it deals: lend u your money, or furnish u with your products or your labor, As I said on a former occasion: "The power to coin money, as declared by :and we will ultimately pay you, and as evidence of it we wlll give you our notes, this court, i a great trust devolved upon Congress, carrying with it the duty of in such form and amount as may suit your convenience, and enable you to creating and maintaining a uniform standard of value throughout the Union, transfer them; we will also receive them for certain demands due to us. In all and it would be a manife t abuse of this trust to give to the coins issued by its this matter there is only a dealing between the Go>ernment and the individuals authority any other than their real value. By debasing the coins, when once who trust it. The transaction concerns no others. The power which authorizes the standard is fixed, is meant giving to the coins, by their form and impress, a it is a very different one from a power to deal between parties to private con certificate of their having a relation to that standard different from that which, tracts in which the Government is not interested, and to compel the receipt of in truth, they possess; in other words, giving to the coins a false certificate of t.he e promises to pay in place of the money for which the contra.cts stipulated. their value. Arbitrary and profligate governments have often resorted to this This latter power is not an incident to the former; it is a distinct and far greater miserable scheme of robbery, which Mill designates as a shallow and impudent power. There is no legal connection between the two; between the power to artifice, the' least covert of all modes of knavery, which consists in calling a borrow from tho e willing to lend and the power to interfere with the independ shilling a pound, that a debt of one hundred pounds may be canceled by the -ent contracts of others. The posse ion of this latter power would justify the payment of one hundred shillillgs.'" No such deba ement has ever been at interference of the Government with any rights of property of other parties, tempted in this country, and none ever will be oo long as any entimentof honor under the preten e that its allowance to the holders of the notes would lead to influences the governing power of the nation. The changes from time to time :their more ready acceptance, and thus furni h the needed means. - in the quantity of alloy in the different coins has been made to preserve the · The power ve ted in Congress to coin money does not in my judgment fortify proper relative value between gold and silver, or to prevent exportation, and the po ·ition of the court as its opinion affirms. So far from deducting from not 'vith a view of deba ing them. Whatever power may be ve ted in the Go> that power any authority to impre s the notes of the Government with the ernment of the United States, it has none to perpetrate such monstrous iniquity. -quality of legal tender, its.erist-ence seems to me inconsistent with a power to One of the great purpo es of its creation, as e:xpre ed in the preamble of the make anything but coin a legal tender. The meaning of the terms ''to coin on titution, was the establishment of ju lice, and not a line nor a word is found .money" is not at all doubtful. It is to mould metallic substances into forms in that instrument which sanction any intentional wrong to the citizen, either convenient for circulation and to stamp tl1em with the impress of the Govern in war or in peaee. ment authority indicating their value with reference to the unit of value estab- But beyond and above all the objections which I have stated to the decision 1ished by law. Coins are pieces of metal of definit-e weight and value, stamped recognizing a power in Congress to impart the legal-tender quality to the note :such by the authority of the Government. If any doubt could exist that the of the Government is my objection to the rule of construction adopted by the power has reference to metallic substance only it would be remoYed by the court to reach its conclusions, a. rule which fully carried out would change the language which immediately follows, authorizing Congress to regulate the whole nature of our Constitution and break down the barriers which separate -value of money thus coined and of foreign coin, and al o by clauses making a a government oflimited from one of unlimited powers. 'Vhen the Constitution -distinction between coin and the obligation of the General Government allotl came before the conventions of the several States for adoption apprehen. ion ex of the States. Thus, in the clause authorizing Congress "to provide for the i ted that other powet·s than those designated might be claimed, and it led to punishment of counterfeiting the ecurities and current coin of the "Gnited the first ten amendment. _ When these were presented to the States they were . tate ,"a distinction is made between the obligations and the coin of the Gov- preceded by a preamble stating that the conventions of a number of the State ernment. • had at the time of adopting the Constitution ex pre ed a desire," in order to pre Money is not only a medium of exchange, but it is a standard of value. Noth vent misconception or abuse of its powers, that further declaratory aud re ing can be such standard which lk'l.S not iutrin ic value, or which is subject to strictive clauses should be added. ' One of them is found in the tenth amend .frequent changes in >alue. From the earlie t period in the history of civilized ment; which declares that "the powers not delegated to the United State by nations we find pieces of gold and ilver used as money. These metals are the Constitution, nor prohibited by it to the States, are reserved to the tates re .scattered over the world in small quantities; they are susceptible of division, spectively, or to the people." -capable of easy impre sion, ha>e more Yalue in proportion to weight and size, The framers of the Constitution, as I llave said, were profoundly impre sed .and are less subject to loss by wear and a bra ion than any other material pos with the evils which had resulted from the vicious legislation of the tn.tes sessing these qualities. It requires labor to obtain them· they are not dependent making notes a legal tender, and they determined that such a power hould not upon legislation or the caprices of the multitude; they can not be manufactured exist any longer. They therefore prohibited the States from exercising it, and -.or decreed into exi tence, and they do not perish by lapse of time. They have, they refused to grant it to the new government which they created. Of what :therefore, naturally, if not necessarily, become throughout the world a standard purpo e is it, then, to refer lo the exercise of the power by the absolute or the of value. In exchange for pieces of them products requiring an equal amount limited governments of Europe, or by the States previous to our Con titution? -of labor are readily given. When the product and the piece of metal represent Congress can exercise no power by virtue of any supposed inherent sovereignty ·the same labor, or an approximation to it, they are freely exchanged. There in the General Government. Indeed, it may be doubted whether the power can -can be no adequate substitute for these metals. Says l\Ir. Webster, in a speech be correctly said to appertain to sovereignty in any proper sense as an attribute made in the House of Representatives in 1815: · of an independent political community. The power to commit violence, per "The circulating medium of a commercial community must be that which is petrate injustice, take private property by force without compensation to the .also the circulating medium of other commercial communities,-or must be ca owner, and compel the receipt of promises to pay in place of money may be ex pable of being converted into that medium without lo s. n must also be able ercised, as it often has been, by irre pon ible 1\uthority, but it can not b e con not only to pas in payments and receipts among individuals of the same society sidered as belonging to a government founded upon law. But be that as it may, -and nation, but to adjust and discharge the balance of exchange between dif there is no such thing as a power of inherent sovereignty in the Government of ferent nations. It must be something which has a value abroad as well a at the United States. It is a government of delegated powers, supreme within it home, by which foreign as well as dome tic debt can be ati :tied. The precious prescribed sphere, but powerle s out ide of it. metals alone answer these purpose . They alone, therefore, are money, and In this country sovereignty re ides in the people, and Congress can exercise whatever else is to perform the functions of money must be their representative, no power which they have not by their Con titution intrusted to it; all else is .-and capable of being turned into them at will. So long as bank paper retains withheld. It seems, however, to be suppo ed that as the power was taken from this quality it is a substitute for money; dive ted of this, nothing can give it that the States, it could not have been intended that it should disappear entir.ely, -charact-er." (Web t-er's Works, volume 3,41.) The clause to coin money mu t and therefore it must in some way adhere to the General Government, notwith be read in connection with the prohibition upon the Stat-es t.o make anything standing the tenth amendment and the nature of the Constitution. The doc but gold and silver coin ateuder in payment of debts. The two taken together trine that a power not expre ly forbidden may be exercised would, as I ha>e -<'learly show that the coins to be fabricated under the authority of the General observed, change the character of our Government. If I have read the Consti -Government, and as such to be a legal tender for debts, are t-o be composed prin- tution aright, if there is any weight to be given to the uniform teaching of our -cipally if not entirely ofthemeialsofgold and silver. Coins of such metals are great jurists and of commentators previous to the late civil war, the true doc nece arily a legal tender to the amount of their respective values without any trine is the very opposit-e of this. If thE> power is not in terms granted, and i 1egislative enactment, and the statute of the United States providing that they not necessary and proper for the exercise of a power which is thu granted, it -shall be such tender is only declaratory of their effect when ofi'ered in payment. doe not exist. And in determining what measures may be adopted in execut When the Constitution says, therefore, that Congress shall have the power to ing the powers granted Chief-Justice Marshall declares that they mu t be ap -.()()in money, interpretingthatclausewith the prohibition upontheStat-e it ays propriate, plainly adapted to the end, not prohibited, and consistent with the 't hall have the power to make coins of the preciQus metals a legal tender, for letter and spirit of the Constitution. Now, all through that in trument we find i884. CONGRESSIONAL RECORD-HOUSE. 2491 limitations ~pon the power, both of the General Government and the State gov The SPEA.KER. Except by his consent. -ernments, so as to prevent oppression and injustice. No legislation, therefore, tending to promote either can consist with the letter and spirit of the Constitu Mr. CASSIDY. I was appealing to him to allow me to yield five 'tion. A law which interferes with the contracts of others, and compels one of minutes of my time to the gentleman from Ohio, after which he could the parties to receive in sati faction something different from that stipulated, resume the floor and proceed in his own time. · without reference to ita actual value in the market-, necessarily works such in justice and wrong. i\Ir. CHACE. I have no objection mysell~ but I perceive that the There is it is true, no provision in the Constitution of the United Sbltes for House is beginning to tire of this discussion. I yield ten minutes to bidding i-d direct terms the passing of laws by Congre impairing the obliga the gentleman from Maine [Mr. DINGLEY]. ·tion of contracts, and there are many express powers conferred, such as the power .to d eclare war, levy duties, and regulate commerce, the exercise of which af Mr. DINGLEY. I desire for a moment to call back theattentionof fects more or le s the value of contracts. Thus war necessari1y suspends inter the House to the bill which is before us. This is a proposition to author ~o urse between the citizens or subjects of belligerent nations and the perform ize the retirement of the trade-dollars that may be in circulation in this ..a.nce during its continuance of previous contracts. The impo ition of duties upon ~oods m ay affect the prices of articles imported or manufactured so a.s to country. matenally alte1· the value of previous contracts r especting them. But these in There seems to be no difference of opinion, Mr. Speaker, among the cidental consequences arising from the exercise of such powers were contem members of this House as to the propriety, under all the circumstances, _plated in the grant of them. As there can be no solid objection to legislation .under them, no just complaint can be made of such consequences. But far dif of the Government's retiring the trade-dollars that may be in this coun ferent is the case when the impa-irment of the contract does not follow inci try. The sole difference of opinion that has risen has been upon the -dentally, but is directly and in terms allowed and enacted. Legislation oper fourth section of the bill, which provides: .nting directly upon private contracts, changing their conditions, is forbidden to the State , and no power to alter the tipulations of such contracts by direct SEC. 4. That the trade-dollars so received at the coinage mint ball be regarded legislation is conferred upon Congre . tu1d treated as silver bullion, and, at their bullion value, shall be deducted from There are also many considerations, outside of the fact that there is no grant the amount of bullion required to be purchased and coined by the act of Febru ·of the power, which show that the framers of the Constitution neYer intended ary 28, 1 iS. that such power should be exercised. One of the great objects of the Constitu ;tion, as already observed, was to establish justice, and what was meant by that The gentleman from Missouri [Mr. BLAND] objects to that section in. its relations to contracta, as said by the late Chief-Justice in his opinion in beca,use the trade-dollars which are so received are to be treated as Hepburn vs. Griswold, was not left to inference or conjecture. And in sup port of this statement be refers to the fact that when the Constitution was under silver bullion, and will, under thi provision of the bill, be reckoned going discussion ·in the convention, the Congress of the Confederation wa en and counted as part of the mont~ purchases of silver bullion to be gaged in framing the ordinance for the govemmentoftheNorthwestTerritory, coined under existing law. He desires strike out that ection, in in which certain articles of compact were established between the people of the to -()riginal States and the people of the territory "for the purposes," as expressed order that the silver bullion which is purchased in the form of trade in the instrument, "of extending the fundamental principles ofcivil and religious dollars may be coined into additional standard silver dollars to those liberty, whereon the e republics [the States united under the Confederation], now required by law. thei~; laws, and constitutions are erected." That Congress was also alive to the -edls which the loose legislation of the States had created by interfering with the It seems tome, Mr. Speaker, that the gentleman from Missouri, upon -()bl igation of private contracts and making notes a legal tender for debts; and the a bill of this character, designed neither to diminish nor to enlarge the -ordinance declared that in the just preservation of rights and property no law "ought ever to be made, or have force in the said territory, that shall in any coinage of the standard sil\er dollars, but simply to retire the trade maunerwhatever interfere with or affect private conlra.ct , or engagements, bona dollars-retire them as bullion- ! say it seems to me the gentleman .fide and without fraud previously formed. ' asks that which is unreasonable. This Hou e I take it, is ready tore This principle, said the Chief-Justi<'e, found more condensed expres ion in the prohibition upon the States against impairing the obligation of contracts, tire the tra-de-dollars, provided it is to be a simple retirement, and treat which has always been recognized" n an efficient safeguard against injustice;'' ment of these tra-de-dollars as silver bullion. But if there is to go into and the court wa then of opinion that "it is clear that those who framed and this bill, as suggested by ~e gentleman from Missouri, a proposition to those who adopted the Constitution intended that the spirit of this prohibition ·should pervade the entire body of legislation, and that the justice which the Con- increase the coinage of standard silver dollars to the extent of the silver ~itution wa ordained to e tablish was not thought by them t-o be compatible bullion that may be purchased in the form of trade-dollars, then there with legislation of an oppo ite tendency." Soon after the Constitution was is forced upon the House a new question, namely: Will this House con .adopted the case of Calder vs. Bull came before this court, and it was there said that there were acts which the Federal and State Legi latures could not do with sent to the enlargement of the coinage of the standard silver dollars? out exceeding their authority; and among them was mentioned a law which The gentleman affects to consider this proposition as introduced by punished a citizen for an innocent act, and a law which destroyed or impaired the committee as something remarkable. But I wish to call his atten the la"'l\-ful private contracts of citizen~ . "It is again tall reason and justice," it was a / 2492 CONGRESSIONAL RECORD-HOUSE. APRIL 1,. Mr. .BRUMM. Will the gentleman just permit a statement? Mr. BLAND. I do not want it. l\Ir. DINGLEY. I have but a moment. Mr. HEWITT, of New York. I will yield all my time. l\Ir. BRUl\IM. It will only t.'tke a moment to correct the gentle- l\Ir. BLAND. I yielded to the gentleman. man. Mr. HEWITT, of New York. Yes; butthe gentleman had an hour,.. Mr. DINGLEY. Very well. while I have but :fifteen minutes. 1\lr. BRUMl\I. You say this bill will neither increase nor diminish l\Ir. BLAND. I will not interrupt the gentleman. the coinage. But will it not practically diminish the volume of cur RESULT OF FREE COINAGE. rency? Mr. HEWITT, of New York. The controversy is one of fact. What. Mr. DINGLEY. Notatall. Thetrade-dollarsarenotincirculation would happen? Of course all the world who are now trying to sell il to-day and are not a part of the volume of the circulating medium. ver for 101 cents per ounce will come to our mints, where they could They have been retired from the circulating medium as such an~ are sell it for 116! cents per ounce. It will be "the devil take the hind in the hands of private holders, whosoever they may be. Therefore I most" in the rush to ell silver for 15 cents per ounce more than its. say the proposition to strike out the fourth . ection is pr~tica;lly a prop Inarket value. osition to increase the coinage of standard silver dollars m this country. .And under his proposition the Government must take the ilver and Now l\Ir. Chairman, I wish to say, addressing my elf to the other pay that rate for it. I suppose the gentleman from Missouri would pro questi~n which has b~n discussed, that I for on? believe in_ the use of vide a bullion fund for this purpo e. Has he ever considered the mag both gold and silver m the full legal-tender comage of this country. nitude of the bullion fund which would have to be provided? There But I say to gentlemen you never can successfully use both metals un is supposed to be in exi tence in the world 6,000,000,000 of silver, less they are coined at a bullion value which shall be equivalent, and and the holders of the whole of that 6,000,000,000 would rush to then and then only, can you secure the full circulation of silver. our mints under the gentleman' proposition. And if we were to buy l\~ . CHACE. I yield ten minutes to the gentleman from New York it all and keep the mints open, the bullion fund which we would have· [1\Ir. HEWITT). to provide would have to be on the cala of magnificence proportioned l\Ir. HEWITT, of New York. I agree with thegentlemanfrom Maine to o va tan operation. It would certainly provide an outlet at once for [Mr. DINGLEY] in his proposition th~ this House shall not sanction by the idle and useless fund of 126,000,000ofsilver dollars now tored at. any act the increa e of the coinage of' the standard silver dollar. But great expense in the Treasury. I go further than the gentleman from l\Iaine. I think the time has But no such thing would happen; the limitation would be the coin come when this House should put its seal of condemnation upon the age capacity of our mints. To the extent of the coinage capacity of our· coinage of one single additi<;>nal standard d?llar. l\Iy_ friend fr?m l\Ii - mints, which would probably not much if any exceed the silver pro souri [Mr. BLAND] has achieved, I was gomg to say Immortality, but duction of this country, which i about $40,000,000 worth per annum, certainly great renown, by having identified himself with a mea,sure the Government would be giving 15 per cent. more than the market which according to his view has Inade 85 cents' worth of silver equiva value of silver bullion in this or any other market in the world. lent in value to 1. He has done that by act of Congress, and he has What is the next step? Every Inan who had thus recei ved.l16 cents. done it on the principle of lifting om elves by our houlder-straps. per ounce for that which is worth in the markets of the world only 101 Such experiments must always fail. If they could succeed, then my cents per ounce would hasten to _put it into some form of u eful value. friend from 1\fissouri has discovered the philosopher's stone, which First of all he would prefer gold, for gold will buy everything else in would enable us hereafter to dispense with all human efforts and to every market in th_e world. The consequence would be that the rush provide ourselves with all the comforts and luxuries of life by a simple for gold would immediately raise it to a premium, and the limit of that act of Congress. premium will be just the difference in the bullion value of silver and The gentleman from l\Iissouri now comes into the ~ouse with another gold. In other words, the premium would be 15 per cent., because, as. proposition, which suggests the old nursery rhyme of Mother Goose: everybody knows, gold and silver are dealt in by the money-brokers There was a man in our town all over the world on a margin of one-eighth of 1 per cent. And he was wondrou wi e, Then, when gold went up to premium, the next rush would be to He jumped into a bramble bush buy commodities with silver dollars on the old standard of values, and And scratched out both his eyes; the price of commodities would all ad\ance. They are bought and old And when he found his eyes were out, to-day a,t gold value, but the price would then advance with the pre With all his might and main miuin on gold, and they would thereafter be old at ilver valu . In He jumped into another bush, And scratched them in again. other words, all the necessaries of life would be rapidly advanced until [Laughter.] they would purchase as much gold as they did before the premium ex isted. The proposition which the gentleman now makes to this House is the WAGES OF LABOR. proposition of free coinage for silver. By the restricted coinag~ which Then the workingman who receives his wage of one or two dollars goes on underhis"billof "2,000,000permonth the Government~ mak per day, as the case may be, and to whom the rise always come la t ing on paper, as he said, $300,000 of profit ;>er month. B~ openmg the and sometimes never comes, woulQ. be compelled to buy his supplie at mints to unrestricted coinage he would gtve up the nommal profit to 15 per cent. advance. This measure, therefore, would operate as a de the Government of 00,000 per month and transfer a real profit of 15 duction from the wages of labor of just 15 per cent. per cent. into the pockets of those who sh~ be .for~te ~nough to_ get Then what next would happen? I shall be told that this propo ition in :first through the open doOI"S of the Umt with therr silyer bullion. would enable the poor man to pay his debts at 15 per cent. deduction Now, l\Ir. Speaker, let us apply to this novel propo ition the test of from what he had agreed to pay; that this is sonnd in principle and a. fact and of simple principle. most beneficent featm·e of the plan. In· resisting it I hall be told The unit of value by law in the United States is the gold dollar, that I I·epresent the capitalistic class and am the organ of Wall treet. weighing 25.8 grains. Now, the rich man knows how to take care ofhim elf. The poor man Mr. W .A.RNER, of Ohio. When was it Inade so? does not know and can not know how to take care of him elf, and we l\Ir. HEWITT of New York. I am merely stating a fact, and in are sent here as far as possible to take care of him, and it is for that the time I have i do not wish to be interrupted. It was in 1854 that reason I strive to-day to expose the fallacy of a propo ition which can that was done. Now at 25.8 grains to the do1lar an ounce of gold is only have the effect of making the rich richer and the poor poorer. worth 18.60. By law the relative coinage value of gold and silver is I resist, then, thispropo itionofthegentlemanfromM· ouri, becau e7 as one to ixteen. Therefore the coinage value of the ounce of silver in the :first place, it would rob the poor man of 15 per cent. of his pres is 1.16!. We are able to go into the market to buy an ounce?fs~ver ent wages, measured by itS purchasing power; and in the next place at '1. 01, and, taking the average of the la,st year, we are buymg It at it would rob him of 15 per cent. of the hard earnings which he has. a little less now than 1.01 per ounce. saved against a rainy da . The rich men hold property which would What is the propo ition of the gentleman from Missouri? That for rise in value with the premium on gold. They hold bonds of railroad the silver which we can buy in unlimited quantities in this or any companies, which by the letter of the contract are made payable in gold. other market in the world for 101 cents per ounce he would pay out A "\lNG PF THE PEOPLE. of the Treasury of this nation 116~ cents per ounce. In other words, he would give to every man who brings an ounce of silver to be coined But all debts not payable in gold would be olvable in ilver. ·Where 15 cents more in coin than the market valueofthatsilver and 15 cents are those debts and to whom do they belong? The great lenders of more per ounce than it is or can be bought for by the Government for this country are the saving -bank , the mutual insurance companies, coining purposes. and the incorporated companies which hold in trust the savings of the Mr. BLAND. Will the gentleman yield for a moment? poor and the earnings of labor. Their loans are made payable in law Mr. HEWITT, of New York. I can not, for I have but a-limited ful money, and will be paid off in the depreciated silver which will time. follow its free and unlimited coinage, for in the end the silver coins can Mr. BLAND. I am glad that I was more polite to the gentleman have no greater value than the Inarket price of the bullion from which than he is to me. they are coined. l\Ir. HEWITT, of New York. I will yield all my time to the gen Therefore when this depreciation of 15 per cent. takes place all the tleman. loans Inade by savings-banks, trust companies, and mutual insurance 1884. CONGRESSIONAL RECORD-HOUSE. 2493 reompanies, amountingtomorethan$100,000,000, representingtheearn by the sweat and toil of their less fortunate andmoreconfidingfellow •ings of professional men who live upon salaries, the savings of clerks, the men. [Applause.] .sole provision for widows and orphans would be payable in silver, to the [Here the hammer fell.] loss in my city and in my district of millions of dollars laboriously saved by the mo t deserving classes of the community, and who, ~ince the .APPE~IX. Tecent decision of the Supreme Court of the Legal-tender ca e, have lln>IA-FALLING OFF IN THE DEMAND FOR SILVER. no other protection than in the wisdom of Congress. The India department of finance and commerce states the silver im I represent a district in which there are but few capitalists. I rep ports and exports of India, taking its trade with all countries for the last :resent 150,000 people who earn their daily bread by their daily labor. four years (the Indian fiscal year, like the British, ending March 31), They are an industrious and saving constituency. Their money·is in as follows: fhe savings-banks of the city of New York. You will be astonished to know it, but in the State of New "¥ork O\er 500,000,000 of the sav Fiscal year. Imports. ExpOrts. Net imports. ;ngs of these people are to-day loaned out to be paid back in the money -of the land. If that money be depreciated 15 per cent., then the peo ple will lese 15 per cent. of all their accumulated earnings. And this 1877-'78 ...... d •••••••••••••••••••••••••• • •••••• • $i ' 832, 660 $5 500 985 $73, 331, 675 1878-'79 ...... '1:1,968,495 8:n5:025 19, 853,475 depreciation is only the beginning of the downward course in the value 1879-'80 ...... 48,025,010 8,676,295 39,348,715 -of silver. The commercial world has outgrown the use of silver as a 1880-'81...... 26, 580, 780 7, 117,910 19,462,870 necessary tool of commerce. Gold and paper instruments of exchange .have taken its place. They are better and cheaper tools of tra9.e. Silver Table slwtuing increase of circulation in tlt.e United States . .is relegated to its proper place as a convenient subsidiary money, of which the intrinsic value"is of no consequence so long as there is local Per capita. Tedemption for it within the area where it circulates. But gold pays international balances, and is and will remain the sole Dat~. Tot.~~~~ula- I----:------:Standard of value in the great markets of the world. Hence, Mr. Paper. Coin. Total. .Speaker, I oppose the whole proposition of the gentleman to open our ------l------1------mints to the free coinage of silver, for the reason that thereby the na _October1, 1880...... 1,225,359,234 $14 10 $10 66 524 76 tion would lose at once 15 per cent. on all the silver which would flow October 1, 1881...... 1, 529,548,612 15 56 14 93 I 30 49 into this country from foreign countries now earnestly seeking an op Oct-oberl, 1882 ...... 1,566,659,668 15 81 15 42 31 23 portunity to get rid of the heavy load of silver which weighs them October1,1883 ...... 1,730,598,074 1763. 1688 34 51 -down and embarrasses their finances. In the Bank of France alone there .are 200,000,000 seeking a market. The German Government stopped Total circulation in United. Slates October 1, 1883 . Gold ...... - ...... $606, 197,000 the ale of its silver when it went below 55 pence to the ounce, and is Silver...... 240,399,000 waiting a chance to unload another one hundred millions on anybody Paper...... 884,002,074 that will buy it. But outside of these countrie , whence I have heard it said on this Total ...... 1,730,598,074 :floor silver could not come because "the people of this country were not ncb fools a to buv the worthless stuff"-outside of these countries Table showing increase of silver in the United States Treasury. are India and China; the sinks of silver tor more than two thousand year . In these countries gold is already at a premium of 15 per cent. Date. Gold. Silver. as compared with silver; and men who could bring silver from India to this country and com·ert it into gold, as the gentleman from Missouri Per cent. Per cent. would allow them to do by his proposition for free coinage, would of September 30,1876 ...... •...... 90.2 9.8 cour e make all speed to gather up fi.·om all quarters the vast fund of September 30,1877 ...... 93.5 6.5 silver in those countries, and dump it down upon the people of this September 30, 1878 ...... 83.0 17.0 Sept~mber 30,1879 ··················································· ·····-···-·· 76.2 23.8 land, where the loss will fall upon the laboring classes, who, unless we September 30, 1880 ...... 63.3 36.7 interpo e for their benefit, will be helpless to protect themselves. SepteiQber 30, 1881 ...... 64.. 7 35.3 Gentlemen who flatter themselves that the silver of the world will not September 30,1882 ...... 55.4 44.6 seek the marke'e where bullion fetches the highest price deliberately shut September 30, 1883 ...... 58.5 41.5 their eyes to the inexorable laws of trade. Silver circulates in France at the ratio of 15 ~ to 1 of gold only bec.1.use there is no coinage of silver Table lwwing proportions of world's production of. gold and silver. by the Latin Union. This coinage was suspended simply to avoid th~ A '\"'erage yeady production. · depreciation of silYer coins to the bullion value, which would otherwise Average have taken place. Give it a market at more than its . bullion vafne, Semi-decade . l Proportion. price of and it will be replaced with gold as surely as the air rushes into a Gold. I Silver. silver.* \acnum. I The depreciation of our silver coins, 1\fr. Speaker, would occur at ------once if the mints were now opened to the free coinage of silver. What 1852-'56 ...... 1 $145,000,000 $40,500,000 100to2 61/a would occur at once in that event is just as sure to occur, if you allow 1857.- '61...... 127, lSi, 000 4.1, 220,000 100 to 32 6H time enough, under the limited coinage a~t of 2, 000,000 a month. This ~~=:~:: :: :::::::: : :::::: :::::: ::::: : :: ~ i::~:~ 1 g:i~:~ ~~~~: ~t depr~ciation will be the slow but sure work of the monster steadily dig 1872-'!6 ...... I 111, 383, 7~ 69, 400, 682 100 to 62 5n ging: away at the foundations of the wealth and pro perity of this coun ~m~ .~~:::.:·.:·:::::::.:·::::::::::::.::·:.: , ~~:=:~97 ~~:~:~ i~ ~~ ~ ma try, o that in a little while we shall be brought to the silver basis; and then all the consequences I have predicted will occur just as certainly ~= ::::::::::::::::::::::::::::::::::::J ~~: ~: ~: I 1~: ~: ~g ~~ ~~ ~ g~ 1882 ...... ··· I 103, 161, 532 109, 446, 595 100 to.106 51! as if the gentleman were able to carry out his plan of fr~ coinage at once. In that proposition he is perfectly ~gical. • If we are to go on with the coinage of silver at all, the unlimited coinage which the gen *Pence per ounce in London. tleman propo es is the only defensible position and ought to be put into M:r. CHACE. I yield five minutes to the gentleman from North Car eftect, ifit were notfor the disastrousconseqnenceswhich would send a olina [111r. YoRK]. flood of ruin over this land. Mr. YORK. Mr. Speaker, in the few minutes allowed me on this But, as I have said, those consequences are unavoidable, whether we question I wish to say in th& outset that I desire to add my mite to continue the limited coinage or institute the free coinage of silver. the passage of this bill, for the simple rea on that I believe it will pro Twice in my life have I witnessed the transfer in this country of vast tect the poor and laboring people of this cotmtry. I -wish to see the rna esofwealthfi.·om thepossessionoftho e whohavecreated it, to the trade-dollar retired and the standard dollar in its place. The Govern ownership of those who were shrewd or fortunate enough to profit by ment in the outset issued these trade-dollaFS to the people for 100 cents the situation. Once was when the legal-tender act was passed and cred in the dellar; but the Government has not kept faith with the people." itors were foreed to take 40 cents in payment oflOO cents, which was their The peculator ha stepped in between the Government and the people; just due. Again, when the resumption of specie payment took place and thus the value of the trade-9-ollar has been depreciated _in the hands in 1 79, persons who had borrowed 40cent wereforcedtopay thedebt of the people to 5 cents. By this depreciation the laboring men, the with 100 cents. No tongue can describe the ruin and the misery can ed poor people of the country, have been the sufferers. The Government by this wholesale transfer of property, the wrecks of which still survive should now step in for their re~ef; and hereafter, when the Go\ernment in every State in this nion. It is becan e I hope to be spared the sad puts its stamp upon a dollar, whether of silver or gold or paper, I · spectacle of another such unjust and uncalled-for reversal of the laws want it to be a dollar all over the land. which ought to govern the acquisition and transfer of property, that I The rich man has his gold; he has his bonds; he ha his paper money; oppo e, and shall oppose, the degradation of the standard of value, but the money of the poor people of this country is the silver dollar. whereby one class of the community, and themo tdeservingas it is the Hence the poorer classes of our people have suffered by the depreciation mo t helpless class, is pillaged by law for the benefit of those who live of the value of the trade-dollar. 2494 CONGRESSIONAL RECORD- HOUSE. A PRIL 1,. We admit, 1\!r. Speaker, that the passage of this bill will give the dollar, which was made, as bru been stated, a legal tender to the amount. peculator and the banker a large amotmt of ill-gotten gain that they of $5 by aecident. However that may be, the Government is respo~i ought not to have. They have bought up this money·at 85 cents on ble for the condition in which that coin is to-day, and it is an act or the dollar, and the passage of this bill will make it worth 100 cents on simple justice to the holders of it that it should he redeemed. . the dollar. It is wrong that they should thus be benefited; but we see Gentlemen bave said; why not make it a legal tender? There is e•ery no way to avoid it if at the same time we do justice to the people of the reason why it should not be made a legal tender. The coin of the Gov country. Ifthisbillshouldnotpas, thosesamespeculatorsand bankers ernment should be of uch character that every man, every woman, and. would issue this currency again into the hands ofthepeo~le; it would every child should be able to distinguish it by the touch. Where is the· be again bought up; so that the laboring community are the sufferers man who can test it? What becomes of yom test-scale? All over the all the way through. land brokers and bankers and dealers ha•e test-scales, one end to weigh. 1\Ir. Speaker, I do not know but that the bill would be impro•ed by and the other end to size. 'Ifyou have two izes and weights of a dol triking out the fourth section; but I shall feel it my duty to vote for lar, how are you to distinguish w hicb is the 1 eal dollar? the bill with the fourth section, because I believe this bill willgi•ethe I might go on, but it seems to me it can not be possible gentlemen will relief the people of the country demand. I feel that the people of the really think of putting out two kinds of dollars both with a legal-ten 1884. CONGRESSIONAL RECORD-· HOUSE. 2495· satisfied with coining silver dollars here until you have piled up $166,- Mr. ]!fiLLS. I hope an opportunity will be give:a to vote on all 000,000in the Treasury, which the people refuse, which they spurn- amendments. :Ur. WELLER (from his seat). That is incorrecp. Mr. DOWD. I will say the understanding of the committee was, and Mr. CHACE. And which they do not want, for you have been able such was the opinion of the Director of the Mint, that no amendment. to force upon the people only thirty-nine millions of the whole of it, yet such as that suggested by the gentleman from Michigan [l\Ir. LACEY] you propose to go on and coin from se\en to ten millions more in the was necessary. Still I wilt-accept that amendment. same way. lli. REAGA-'l. The gentleman from North Carolina [l\Ir. Down] lli. BELFORD. Let me call attention to one fad which the gentle hascalledthe previous question; and, havingdoneso, he isnotin a posi man seems to have overlooked. Is it not a fact that the men who hold tion to accept amendments. gold in the city of New York within the last two months have come The SPEAKER. The gentleman from North Carolina demands the to this Treasury and demanded silver certificates, which the New York previous question on the amendment proposed by the gentleman from treasurer refused to give them? :Missouri [Mr. BLAND] and on the engrossment and third reading oi Mr. CHACE. Oh, that is an absurd story. the bill. • :Mr. BELFORD. Well, answer the question. Ur. LACEY. Thegentlemanft·omNorthCarolinaacceptsmyamend- Mr. CHACE. It has been concocted for the purpo e of influencing ment. {· opinion. But I will answer the gentleman by sayin~ that if the bal The SPEAKER. In order to do so he must withdraw the demand ance of tra Mr. BLAND moved to reconsider the vote just taken; and also moved UNDERV.A.LU.ATIOS. that the motion to reconsider be laid on the table. The SPEAKER, by unanimous consent, laid before the House the fol The latter motion was agreed to. . - . lowing message of the President; which was referred to the Committee • The bill as amended was erdered to be engrossed for a thud reading; on Ways and Means, and ordered to be printed: and was accordingly read the third time. . . To the House of Representative& : Mr. DOWD. I call the previous question on the passage of the bill. In response t-o a resolution of the House of Representatives of January 15, The previous question was ordered. 1884, requesting the President t<> forward to the House information, including reports from consuls and others, concerning the undervaluation, false classifica Mr. KEIFER. I call for the yeas and nays on the passage of this tion, and other irregular pra-ctices in the importation of foreign merchandise, bill. and t-o recommend what legislation, if any, is needed t-o prevent such frauds on The yeaa and nays were ordered; there being-ayes 48, noes 126- the revenue, I have the honor to transmit herewith a letter of the Secretary of the Treasury of the 28th ultimo, inclosing a draught of a bill on the subje<~t, more than one-fifth in the affirmative. together with copies of reports taken from the tiles of the Trea{lury Department The question was taken; and there were-yeas 198, nays 45, not vot concerning the information desired. · ing 79; as follows: CHESTER A . .ARTHUR. YE.AS-198. EXECUTIVE l\!ANSION, April!, 1884. .Adams, G. E. Everhart, Lewis Skinner, C. R. PAYMENTS MADE BY SPAIN. Lovermg,1 Skinner, T. G. .Aiken, Evins1.J. H . Alexander, Ferreu, Lowry, Smalls, The SPEAKER, by unanimous consent, also laid before the House .Arnot, Fiedler, 1\IcCoid, Spooner, the following message of the President; which was referred to the Com Ballentine, Findlay, 1\lcComas, Spriggs, mittee on Foreign Affairs, and ordered to be printed: Barksdale, Finerty, McCormick, Springer, Barr, Follett., 111cl\Iillin, Steele, To the House of Representatives of the United States: Beach, Forney, Matson, Stephenson, I transmit herewith a report of the Secretary of State and accompanying pa Belmont, Fyan, Miller, J. F. Stewart·, Charles pers, furnished in response to a resolution of the House of Representatives of Blanchard, George, Mitchell, Stockslager, January 16, 1884., calling for information as to the payments made by Spain in Bland, Glascock, 1\Iorgan, Stone, accordance with the terms of its treaty with the United States concluded Febru Blount, Goff, Moulton, Storm, ary 17, 1884. Boyle, Graves, Muldrow, Strait, CHESTER .A . .ARTHUR. Breckinridge, Greenleaf, Murphy, Sumner, 0 . .A. EXECUTIVE MANSION, .. Halsell, :Murray, Sumner, D . H. Brei tung, Washington, April!, 1884.. Brewer, F. B. Hammond, Neece, Taylor,J. D. Brewer, J. H. Hardeman, Nelson, Taylor, J.l\I. · LE.A. VE OF .ABSENCE. Broadhead. Hardy, Nicholls, Thorup on, Browne, T. M. Harmer, Nutting, Throckmorton, By unanimous consent, leave of ab ence was granted in the following Brown, W. W. Hart O' Hara, Tillman, cases: Brumm, Hatch, H. H. O'Neill, Charles Tucker, To Mr. BURLEIGH, until the 15th of April, on account of important Buckner, Hatch, W. H. O'Neill, J. J. Tully, Budd, Henderson, D . B. Paige, Turner, H. G. business. Cabell, Henley, Payne, Turner, Oscar To Mr. McKINLEY, for five days, from the 2d of April. Caldwell, Hepburn, P ayson, Valentine, ·To 1\Ir. MOREY, for five days, on account of important business. Campbell, J. M. Herbert, Pierce, Van .Alstyne, Cannon, Hill, Peel, S. W. Vance, To Mr. ERMENTROUT, for three davs. Carleton, Hitt, Peelle, S. J. Wakefield, To 1\lr.-J.A.MES, for four days. ~ Cassidy, Hoblitzell, Poland, Wa.rd, To Mr. BENNETT, for five days, on account of important business. Clardy, Holman, Post, Warner .A. J. Clay, Holmes, Potter, Weaver, CO:MMON -SCHOOL BILL. Clements, Hopkins, - Price, Wellborn, Connolly, Houk, Pryor, Weller, 1\lr. WILLIS. I ask unanimous consent for the adoption of the fol Cosgrove, Howey, Pusey, White, filo lowing resolution. Cox, S. S. Jeffords, Rankin, Whiting, Crisp, Johnson, R-ay, G. W. Wilkins, The Clerk read as follows: Culberson, D. B. Jones,B.W. Reagan, William, Resolved, That the bill (H. R. 4980) to aid temporarily in the support of com Culbertson, W. W. Jones, J. H . Reese, Willis, mon schools be fixed for consideration on Tuesday, the 15th of .April, 1884, and Cullen, Jones,J. K . Riggs, Wilson, W . L. the consideration thereof t<> be continued from day to day until finally disposed Curtin, Jones, J. T. Robertson, Winans, E. B . of, not t-o int~rfere with general appropriation or revenue bills or other prior Davis, R. T. Jordan, Robinson, J. S. Winans, John orders. Dibble, Kelley, Robinson, W. E. Wise, G . D. Dibrell, Ketcham, Rogers, J . H. Wolford, Mr. TUCKER. I object. ~ Dockery, King, Rogers, W.F. Wood, And then, on motion of Mr. KING (at 5 o'cleckand 25 minutesp. m.), Dowd, Kleiner, Rosecrans, Woodward, Dunham, Laird, Rowell, Worthington, the House a~journed. Dunn, Lamb, Seymour, Yaple, Eldredge, Lanham, Shaw, York. Ellwood, Lawrence, Shelley, PETITIONS, ETC. Evans, I. N. LeFevre, Singleton, • The following petitions and papers were laid on the Clerk's desk, N.AYS--45. under the rule, and referred as follows: Bagley, Haynes, Lacey, Peters, By Mr.:· BALLENTINE: Petition ofMrs. Annette Conner, fo-r relief Belford, Hemphill, Libbey, Phelps, to the Committee on War Claims. Boutelle, Henderson, T. J. Long, Ranney, Chase, Hewitt, A. S. Lyman, Reed, By Mr. BRENTS: Petition of Samuel Wilkison, jr., and 134 others, Collins, Hiscock, Milliken, Rice, citizens and tax-payers, pf H. C. Bostwick and 137 others, of J. W. Cutcheon, Horr, 1\Iills, Rockwell, Sprague and 137 others, of J. V. Meeker and others, of A. H. Minsch Dargan, Hunt, Morrill, Russell, Davis, G. R. Hurd, Morrison, Stewart,.J. W. and 10 others, of .John M. Bell and 12 others, of M. H. Eldon and Deuster, James, Morse, Wait. others, of Silas Smith and 13 others, of P. J. Hunt and 16 others, of Din~ley, Kasson, Parker, 0. M. Amiss and 18 others, of C. C. Pagett and 19 others, of Robert Guenther, Kean, Patton, Hanback, Keifer, Per~, Wilson and 29 others, of Isaac W. Anderson and 40 others, of J. R. NOT VOTING-79. Dickenson and 41 others, of D. A. Maulsberg and 84 others, of H. Koes Adams, J. J. Covington, Houseman, Seney, ter and 115 others, of J. H. Wilt and 130 others, all of Pierce County; ,Anderson, Cox, W. R. Hutchins, · Slocum, of William P. Winans and 27 others, of Walla Walla County; of the .Atkinson, Davidson, Kellogg, Smith, mayor and common council of Cheney and 64 others, of Spokane County; Barbour, Davis, L. H. Lore, Snyder, Bayne, Dorsheimer, 1\lc.Adoo, Stevens, of Fred. S . .Tones and 87 others, f George S. Brocke, mayor of Sprague, Bennett, Duncan, McKinley, Struble, and 87 others, all of Lincoln County; of George F. Dueberand others, Bingham, Eaton, Maybury, Talbott, of G. M. Stevens and others, of William J. Calkins and 24 others, of Bisbee, Elliott, Millard Taylor, E. B. Blackbura, Ellis, Miller, S. H. Thomas, .John Tucker and 21 others, of J. F. Gales and 73 others, all of Lewis Bowen, Ermentrout, Money, Townshend, County; of Frank Longmire and 13 others, of Thomas M. Cavanaugh Brainerd, Foran, Morey, VanEaton, and 121 others, all of Thurston County; of A. l\1. Patterson and 14 Buchanan, Funston, Muller, Wadsworth, Burleigh, Garrison, Mutchler, Warner, Richard others, citizens of Cowlitz County; of E. Grover and 187 others, or Burnes, Geddes, Oates, Washburn, Yakima County, all in Washington Territory, praying that the North Calldn.