1882. CONGRESSIONAL RECORD-SENATE. 3627
By Mr. GUE~TTHER : Two petitiQns of the citizens of Lower Fox the bill (S. Ko.1465) to pro-ride for the ascertainment of claims of Valley, relative to the unprecedented high stage of water in the American citizens for spoliations committed by the French prior to Lower Fox River-severally to the Committee on Commerce. the 31st day of July, 1801, reported it with amendments, and sub By Mr. HASELTINE: The petition of L. B. Perkins and 344 others, mitted a report thereon, which was ordered to be printed. eitizens of Missouri, for the enactment of such la.ws as will prevent Mr. WINDOM, from the Committee on Transportation Routes to. the further importation of Chinese laborers-to the Committee on the Seaboard, to whom was referred the bill (S. No. 337) to author Education and Labor. ize a preliminary examination and survey of the passes between the By Mr. A. S. HEWITT: The petition of800 business firms of-the a:flluents of the UppeT Missouri and Columbia Rivers, for the purpose - city of New York, in favor of a revision of the tariff on the basis of of ascertaining the disiances between the navigable waters of said free raw materials-to the Committee on Ways and Means. rivers and the practicability ofunitingsaid rivers by canal or other By Mr. HOGE : The petitions of William Gerhardt and others, citi wi e, reported it with an amendment. zens of Berkeley County; of Jackson Cooper and others, citizens of Mr. MORRILL. I am directed by the Committee on Finance to Upshur County; and of D. B. Purenton and others, citizens of Mor report back ad\ersely the bill (S. No. 1732) to refund excessi\e du gantown, West Virginia, asking an appropriation of public money to ties levied by O\ervaluation of Austrian paper florin. I will state t he schools of the States and Territories on the basis of illitcracy that the existing law provides that- &everally to the Committee on Education and Labor. The value of foreign coin as expressed in the money of account of the United By Mr. JOYCE: The petition of .Mrs. Hannah T. Avery and others, States shall be that of tho pure metal of such coin of standard value; and the urging the passage of the bill for the relief of Dr. Leonard Thresher values of the standard coins in circulation of the various nations of the worl
that it be referred to the Committee on Ulaim ; which was a("f'reed0 to. of the United tate 1 r elating to the Kary, wru; announced a, first in Mr. FRYE, from t he Committee on Clairu:::, to whom was referred order.
\. 3628 CONGRESSIONAL RECORD-SENATE. MAY 5~
Mr. INGALLS. Is there ~ ~ · :r:.epor£ ~ccompanying the bill f Mr. BUT.LER. May I inquire of the Senator whether the Secre :Mr: ROLLINS. There is no report, but there is a communication tary of the Navy made any recommendation in his annual report in from the Secretary of the Navy and the Chief of the Bureau of Equip reference to an increa e of the enlisted force of the Navy 't ment and Recruiting of the Navy Department, forwarded by the :Mr. ROLLINS. I do not remember. I have not examined the re President of the United States. I ask that the corresponden.ce be port with reference to that point. The Senator has heaTd read the read. letter of the Secretary of the Na·vy forwardinJ; the communication The Acting Secretary read as follows : of the head of the bureau to the President of the United States, and :NA.VY DEPART:uEST, by him forwarded to the Senate. BUREAU OF EQUIP:.\IENT .Al\"D RECRUITING, :Mr. ALLISON. I a k that the bill go over to-day without preju lVa-shington, March 3, 1882. dice. SIR: I have the honor to submit the inclosed draft of a. resolution authorizing an increase of five hnndred enlisted men in the naval service. The PRESIDENT pro tempore. The bill will go over for to-day The number at present allowed by law is 8,250, which includes seven hundred without prejudice. and fifty boys authorized to be enlisted annually. · .After deducting the number of apprentices under training and the men re BRIDE BuRGH A.RSE...~AL EXPLOSION • quired t
1882. CONGRESSIONAL · RECORD-SENATE. 3629
approved July, 1876, (~olume 19, United States Statutes at Large, page 455,) appro upon gave him the keys and he took :possession of the property for the United States. pnatin§cr $3,000 each to John T. King and L. B. Cutler, employes of the Umted Possession was retained by the Umted States until August 25, 1865. States enate. who were injured by an explosion of gas. The amount placed in " Five thousand dollars a year is an extremely low rent for this property during t he original bill only covered four cases. Since its introduction all of the cln.im this period. The owners were then paying ground rent, $1,720, and taxea and in ants, fourteen in number, have joined in the application and filed affidavits of in surance to an amount of several hnndred dollars more, so that there would inure juries herewith. The amount should be proportionally increased and the additional to them less than $3,000 per annum. . names inserted in the bilL '' The committee report the accompanying bill and recommend its passage." The committee therefore recommend the p!issage of the uill. B rief of state-ments of persons injured by the explosion at the Rridesburgh arsenal. Joseph Farrel, aged eleven years at the time of the accident, was blown out of The bill was reported to the Senate without amendment, ordered t he building and burned in the most shocking manner both internally and exter to be engrossed for a third reading, read the third time, and passed. nally. His memorl is im:J?aired, and in all probability he will be a. sufferer for life. Under a physicians care for ten months. Is entirely helpless. JULIA A. NUTT. John McLaughlin, killed bad escaped from the building, but was struck by a piece of timuer. He was a bri~~t, intelligent lad of fifteen or sixteen years of age. The bill (S. No. 1472) for the relief of Julia .A. Nutt, widow and His father is an old soldier of tnirty-two years' service in the United States Arm:y, executrix of Haller Nutt, deceased, was considered as in Committee and mak es a strong appeal to Congress for some compensation for the lnss of his main support and reliance. of the Whole. It directs the Quartermaster-General to examine, Charles D earden was blown out of the buildin~ and so seriously burned as to adjust, and settle the claims of Julia .A. Nutt, widow and executrix of render him inoapaule of pursuing any occupation tor over one year. HaJler Nutt, deceased, late of Natchez, Mississippi, growing out of H erman II. Steger, seventeen years of a~e. seriously burned abont the face and the occupation and use by the United States .Army during the late neck. Was under the care of a physician for nine months. and iq a cripple for life. Says that 80,000 filled cartridges were stored in the room they were wo:vkmg in. rebellion of the propertyofHallerNutt during his lifetime, or of his The room was " a powder macrazine." estate after his decease, including live stock, goods, and moneys William H. McMillan was :glown out of the building and so badly injured that taken and used by the United States or the armies thereof. h e is a cripple for life. Mr. INGALLS. How much does Julia .A. Nutt claim Y Richard J. Willis. His mother, who is the widow of a soldier, says he was fourteen years old at the time of the accident. He was so severely injured that Mr. McMILLAN. Let the report be read. he is a cnpple for life. He was eicrhteen months under treatment at her expense. The Principal Legislative Clerk read the following report, submit He and three other children are d'ependent entirely upon her for the necessaries ted by Mr. GEORGE March 22: of life: She makes a strong appeal to Congress for relief from her almost destitute condition. The Committee on Claims, to whom was referred the bill (S. No. 1472) for the Edward Shields. jr., was about thirteen years old at the time of the explosion. relief of Julia A. N ntt, have considered the same and make the following report : His father says he was injured in the most terrible manner, lost the entire use of This claim has been reported favorably on in the Honse of Representatives by one arm, and will in all probability become totally blind. Is at this date (Decem· the Committee on War Claims-once on 14th February, 1877, once on Ma:y 1, 1878, bar, 1878) still under medical treatment. His father is an old soldier, and ear and again on 14th February,-1881. The last report, mooe by Mr. Tyler, lS as fol nestly asks for relief from Congress. Young Shields's affidavit, herewith, snb· lows: stanhates his father's statement, and says : " I cannot explain my case any better "[H. Report No. 251, Forty-sixth Congress, third session.] than b:y saying that I am afflicted for life through no fault of my own." "The CoiDIIIlttee on War Claims, to whom was referred the bill (H. R . No. 1528) Darnel Ross, under oath, says: "I was sixteen years old when the explosion oc for the benefit of Julia A. Nutt, widow :md executrix of Haller Nutt, deceased, curred." He was badly burned on his left arm and breast; was an invilid in con submit the following r('port: . sequence for ei~hteen months. His 'l>rm is deformed and the muscles so badly "Julia A. Nutt lS the widow and executrix of Haller Nutt, late of Adams shattered that 1t is almost useless. County, in the State of Mississippi, deceased, who was, at the commencement of Ellen Butler, under oath, says she is the mother of John A. Butler, who was the reoellion, a man of great wealth. He was the owner and in possession of sev killed at the arsenal explosion. He waa thirteen years old at the t.im.e of his death. eral plantations~ two of-them in Tensas Parish, in the State of Louisiana, c~tlled Her husband was so shocked by his death that he became insane and has remained 'Evergreen' ana 'Winter Quarters ' and others in the State of MississipJli. The so ever since. She was left by this accidentdestitnte'llild helpless, with two small two plantations above named were heatily stocked with horses, mules, and c..'l.ttle, children and a deranged husband to support. She makes a p1tiful appeal for Con and heavy crops were growing upon them. gressional aid. "Mr. Nutt W!l8 always a:firin advocate of the Unio11. and opposed to secession. George B. Zillier, aged sixteen, killed while in employment at arsenal. Claim He was so well known as a Union man that the officers in command of the U uion made by parents. Army, including General Grant, General Sheridan, General McPherson, General J. E. VanSant, burned so as to be disabled from work for six months. Gresham, and others, furnished him with safeguards for the protection of himself, William Deal, injured for life; could not work at :ill. for five months; neverwill his family, and his property. One of the papers in the case hereafter referred to fnlll recover. bears the certificate of General Grant of Mr. Nutt's unquestion.."\ble loyalty. The 1!. Klotz, so badly injured as to be incapable of work for three months. commissioners of claims said on this point: Howard Altemus, severely injured and kept from work. "'As to the loyalty of Mrs. Nutt and her deceased husband the proof is ample. Mrs. Nutt's own evidence was very clear and full to show the earnest Union feel The premises considered, your committee report back the bill with certain amend ings of herself and hnsband from the beginning of the war. General McKee, at and ments and corrections of names in accordance with the papers on file, ear present a member of Congress from Vicksbur~h, says that he was in command of nestly recommend that the same do pass. the Union forces which first entered Natchez mJuly, 1863, and that Mr. Nuttwas Mr. INGALLS. I object to the consideration of the bill. the first man to step forward and welcome them and to announce that he was a Union man. GeneralMcKeewasafterwardprovost-marshal there; itwashisduty The PRESIDENT pro tempore. Objection being made, the bill goes to ascertain who were loyal. General Grant, in indorsing the report of the com over. mission, says: ''I am acquainted with:Mrs.Nutt. She haa atalltimesbeenaloyal citizen of the United States, as I had every reason to believe, as was also her hus LOUIS A . VAN HOFFM.Al.~ Al\"D OTHERS. band up to the time of his death." ' " The bill (S. No. 595) for the relief of Louis .A. Va.n Hoffman and On the advent of General Grant's army in that country in the sprino- of 1863, William .A. Mertens, under the firm name of L. Van Hoffman & Co., when the other planters fled away, takin~ their flocks and herds and oilier mova- .and William H. Newma.n was considered as in Committee of the ~~~/ed.of:~~~!\~~~~-Mr. Nutt remamed at home, welcomed the Army, and Whole. It proposes to pay to Louis .A. Van Hoffman and William Grant march::/ his army from Yonng's Point down the west side of the Missis sippi River, in his movement to invest Vicksburgh, and :pa-ssed over the planta A. Mertens, trading under the name of L. Van Hoffman & Co., and tions ''Evergreen" and " Winter Quarters," on Lake SamtJoseph, not far from William H. Newman, $18,430.67, in full for the use of the Pioneer Bruinsburgh, where he crossed the river. Mills in .Alexandria, Virginia, by the United States authorities dur The Army was compelled by necessity to disregard the safeguards that hat\ ing the war. been granted to Mr. Nntt; it occupied his plant-ations and appropriated to its use a lar~e amount of property u:pon them. Incident to the ocoupatwn by the Army Mr. JONES, ofFlorida. Is there a report in that caseY his awelling-house was considerably injured; cotton-gins and cotton were de The PRESIDENT pro tempore. There is. The report will be read. stroyed; out-buildings were injured, and miles of fences were taken down for The Principal Legislative Clerk read the following report, sub- the use of the Army. The supplies thns obtained were of great assistance in mitted by Mr. HOAR March 2'2 : enabling Grant to continue his march. It is also claimed that these plantations were subsequently occupied by the The Committee on Claims; to whom was referred the bill (S. No. 595) for the Marine Brigade under the command of General Ellett, when another large amount relief of Louis A. Van Hoffman and William A Mertens, under the iirm name of of property was taken.therefrom, so that finally they were left denuded of every· L. Van Hoffinan & Co., and William H. Newm.'tn, have considered the same, and thing movable, and the lands and buildings were ~eatly injured. Mr. Nntt, m .respectfully report: his extremity, went to his bank in Natchez, Mississ1ppi where he had about nine This case has been previously under consideration by this committee, and we thonsand dollars deposited, which was about all he baa1 left in the world except adopt the report made in the second session of the Forty titth Congress, which is his devastated plantation, when he fonnd that that had been taken from the bank ·hereto annexed : by &rder of General Brayman, and, as it is alleged, applied to the use of the Fed " The Committee on Claims, to whom was referred the bill (S. No. 752) for the eral Army. .relief of William H. Newman and L-ouis A. Van Hoffman, ha~e considered the Mr. Nutt died in 1865. In October of that year General Grant ordered a com same, ::.nd r espectfully report: mission to be appointed to investigate and ascertain the amount and value of prop " The loyalty of the petitioners and their title to the property occupied by the erty taken. That commission was appointed bv General Daridson, under orders United States are proved beyond controversy. The property, known as the of General Canby, "t.o investigate, prove, and a·ssess the J?ropertytaken from the .Pioneer :Mills, at Alexandria, Vir~a, consisted of a warehouse and mill of 80 by plantation of Mrs. H. Nutt, on Lake Saint Joseph." This commission, or board 122 feet, and four and a half stories or about 72 feet in height ; an engine and of appraisers, as they were called, was composed of Captain J. W. Scully, assist boiler-house of 30 by 22 feet, containin~ two engines and six cylinder boilers ; a ant quartermaster United States Army, James Gillespie, and Thomas Bowie, who -COOper's shop, with slate roof, of the dimensions of 30 by 100 feet; a. vacant lot, proceeded to tbe discharge of their duties, and on January 20, 1866, made a re and a spacious wharf on the Potomac. The cost of these structures was upward port in which they recommended the payment of $112,472.16 upon certain articles of $140,000. They were on land leased from the city of Alexandria, for which of property therem named; but this did not include all that was taken on those a grpund-rent was paid of $1,720 a year. The }lrox>erty was mortgaged to three plantations; nor did it include anv part of what was taken from Mr. Nutt or his trustees to secure bonds of $75.000 in amount. One of the trustees was disloyal, but estate in Mississippi. The report was pre ented to Lieutenant-General Grant, 'he had only a naked title, having no interest whatever in the debt. He was re who, on May 17, 1866, strongly indorsed it, and concluded his indorsement as fol moved and a successor appointed, who sold the property under legal proceedings, lows: when it was purchased in for the benefit of the holders of the bonds, who were "I know t.hat large quantities of supplies were taken from her plantat-ion and Newman and Van Hoffman, the petitioners. Their loyalty is abundantly proved. used by the United States Army, but cannot state amount s or value. I recom They were residents of New York City, and subscribed liberally to aid in raising mend the payment of this claim nnder General Order No. 101}, of 1862, at the rates "troops and other loyal undertakings. paid for the same articles by the Go~ernment at the time these were taken.'' 0 On presentation of these papers t~ the War D epart.ment, the Quartermaster ;: fi~~b~:~\~ ~::, M~J~~e~eit ~~t::~:r~~ftl%u:t~i ~~~! irmv, called General and the Commissary-General of Subsistence decided that they ha.d no npon L. J. Anthony, who was in charge of the property as agent of the ·owners, authority t.o act in the premllies. and informed him that the Government needed It. Anthony reJ.>lied that the own When the Southern claims commission was organized, Mrs. Kutt, as executrix, .-ers would consent, provicled they were to receive compensation. Commissary pre ented her claim to that tribunal, which allowed her thereon $56,368.25. Tb..ia .Dell replied that they would recel~e a fair rent if they were loyal. Anthony there- r eduction from the amOtmt of her claim, as present~ d , was made by striking out 3630 CONGRESSIONAL RECORD- SENATE. MAY 5,
certain items o•er which the commissioners thought they had no jurisdiction, and FORT tnrrON RESERVATIO:Y. the reduction of amounts ad to others, which the executrix think~ was not war ranted either by the fads or the proofs. Mr. Blair, of Michigan, chairman of the The next bill on the Calendar was the bill (S. No.1030) to author- . Committee on War Claims in the House of Repre entati>es, when presenting the ize the United States to secure a title to certain military and timber bill for an appropriation to pay this allowance made by the commissioners, ex rE-servations. ·pressed hi.m.Self very strongly in favor of a much larger allowance. Up to the time when Mrs. Nutt had presented this claim to the Southern claims commission, she The bill was reported from the Committee on Military Affairs, -with had supposed that all the property taken from these plantations had been for the an amendment, to strike out all after the enacting clause and insert;: use of the army immediately under the command of General Grantt but she after That the Secretary of War is hereby authorized and directed t.o cause an in ward discovered that a. great deal was taken by the Marine Brigaae, commanded quiry to be made into the ownership of the Fort Union military and timber reser by General Ellett; but this discovery was made too late to enable her to present vations in the Territory of New :Mexico, and if he shall find that the title thereto it to the commission. The claim for the money taken from her by order of Gen is not in the United States, then to negotiate with the owner or owners thereof for · eral Brayman was not presented there by her under a misapprehension that the the purchase of so much thereof as may be necessary for the future use of said Department would pay it on presentation of the paper s. This has been refused military post, and to surrender the resitlue thereof to the persons entitled. He her. shall also audit any account that may be presented by the owners of said lands for It is quite probable that some of these claims for losses of and injuries h> prop the use thereof by the United States after the title of such claimants was estab erty will have to be set down to the a~count of depredations by soldiers, but the lished. - committee are convinced that a consitlerable portion thereof are just claims against SEc. 2. That the Secretary of War shall report to Congress his proceedings the Government. lUlder section 1 of this act, together with such facts as to the character and V'llne ' The evidence before the committee is not definite enough as to amounts and of said lands, the use which has been made thereof by the United States, the detri >alue of )roperty taken to enable us to report in favor of the allowance and pay ment, if any, caused by such use to the lands or the owners thereof, and whether ment, ana we therefore report back a substitute bill, referring the claim to the such use was with the consent of ·the owners. ·Quartermaster-General for investigation and settlement. - We adopt this report and r ecommend the passage of the accompanying bill, 1\.Ir. PLUMB. Unless the Senator who reported this bill has some being Senate bill No. 1472. personal interest in having it considered now, I think I shall object The bill was reported to the Senate without amendment, order~d to it. to be engrossed for a third reading, read the third time, and passed. Mr. HARRISON. I have no personal interest whatever in the bill, yet I think it is a bill that for public reasons o~ht to be acted on HADLEY HOBSOX. now. There was a military reservation at Fort union, in New Mex The bill (S. No. 12-t) for the relief of Hadley Hobson wa consid ico, located many years ago by the Government on the supposition ered as in Committee of the Whole. It provides for the payment that the land on which it was located was public land. It turned of $1,648 to Hadley Hobson, of Salem, Oregon, or his legal repre out that a Mexican grant extended over the entire reservation, and sentatives, in full payment for 13,.733-! pounds of beef furnished the that the title was in the individual who held under that grant. public authorities in the" Oregon and 'Vashington Territory Indian The original bill, which has been before Congre s for severnl ses war of 1855 and 1856." sions, provided for giving the owners acre for acre the same amount of Mr. INGALLS. Is there a report f public land to be selected by them anywhere in the world. Wo report The PRESIDENT pro tempore. There is; it will be read. against that, and provide that the reservation shall be reduced. I The Principal Legislative Clerk read the following report, sub think there is an expression of opinion from the Secretary of War or mitted by Mr. GEORGE March 2"2: the General of the Army that. one section would be enouf•h for the The Committee on Claims, to whom was referred the bill (S. Xo. 1~4) for the reservation. There are Government buildings on it that have co t, relief of Hadley Hobson, beg leave to report as follows : perhaps, 300,000. This bill as amended provides that the reserva On February 4, 1856, the petitioner sold to the United States military authori ties 13,733! pounds of beef, at twelve cents per pound, amolUlting to $1,648, for tion shall be reduced by the Secretary of War to the lowest neces supplies to the troops in Oregon engaged in the Indian war. He presents a proper sary limit, and that he shall return the remainder of the land to the voucher for the same. It appears that the papers were intrusted to a pa~ who owner and cause inquiry to be made as to what compensation, ii died, and who was employed to prosecute the claim. It has never been paid. It any, should be made for the use of it since the individual title was is now refused payment in the Treasury Department, because of non-presentation to a military board, and because it is not within tJ1e a{lt of Congress allowin~ that established. Department to adjudicate on such claims. This is no reason why the cl:rlmsnould I think it is important to the public intElrest that this bill should not be paid by the United States. Its justice is clearly established by the papers pass. I do not think the individual claimant has now very much accompanying the petition. The committee therefore recommend the passage of int-erest in it in the shape in which the bill stands as reported by the the accompanying bill. committee. Mr. SAULSBURY. Does that bill allow·intere t upon the claim Y Mr. PLUMB. The post of Fort Union is seven or eight miles dis Mr. GEORGE. No, sir; it allows no interest. tant from a railroad line, which is now the only practicable method Mr. SAULSBURY. It is a pretty old claim. of transportation in that country. It is therefore of no po ible use Mr. GROVER. The claim accrued more than twenty yea,rs ago, as a depot of supplies. It is on the contrary a disadvantage to the and no interest at all is allowed on the claim. Government. Every pound of Government freight carried from the The bill wa-s reported to the Senate without amendment, ordered railroad to Fort Union by wagon has got to be carried back again to to be engrossed for a thb:d reading, read the third time, and passed. the railroad in order to enable it to be distributed to the posts to which it should go. It is not of any advantage, therefore, to the ADJOCR...~l\IE:YT TO l\IO~'DA Y. Government to continue this military post as a depot for distribu Mr. ANTHONY. I move that when the Senate adjourn to-day it tion, or for any other purpose whatever; and while these buildings be to meet on Monday next. probably have cost $300,000, I think I am entirely safe in saying that The motion was agreed to-ayes 46, noes not counted. they are not worth to-day to the Government for any purpose what. B. B. TAYLOR. ever, 10,000, and if they were put up at publlc sale to be sold to any person they would not bring that sum. The bill (S. No. 746) for the relief of B. B. Taylor was considered I have a conviction on this sn bject, growing out of some knowledgt} . as in Committee of the Whole. It _provides for the payment to B. B. of this bill and of the circumstances surrounding this transaction, Taylor, of Murfreesborongh, Tennessee, of $906, in full compensation which has led me to believe that the best thing the Government can of a set of regular vouchers, form 12, issued to him in 1863 by Lieu do and all it ought to do would be to surrender to the claimants of tenant George F. Kurtz, of the Seventy-ninth Pennsylvania Volun this land, if they have any claim whatever, the improvements there teers, a-cting assistant quartermaster, for forage, &c., purcha~ed for are on the ground, in consideration that no further claim shall be the use of the Army. made by them against the Government. While I do not think the Mr. ALLISON. I think there ought to be some further explana bill is quite as guarded as it ought to be for the purpose ofprotect tion of thiB bill than I find in the 1·eport. ing the Government, I will propose an amendment to be added at Mr. CAMERON of Wisconsin. Let the report be read. the close of the first section. · The Prinaipal Legislative Clerk read the following report, sub The PRESIDENT pro tempore. The Senator withdraws his objec mitted by .Mr. GEORGE, from the Committee on Claims, Mm·ch 22 : tion Y On January 30, 1863, Lieutenant George F. Kurtz, adin~ assistant quarter .Mr. PLUMB. I withdraw the· objection for the time being. I : master of the United States .Army, purchased from the cla.unant, B. B. Taylor, move to amend the amendment of the committee by adding to the. corn, hay, and fodder to the amount of $906, and ~ave a proper voucher therefor. This claim was refused by the commission on cllilins by reason of the disloyalty first section of the substitute this proviso : of the claimant. At the time of the purchase the United States Army was in full Provided, That the Secretary of War shall also consider and tah;e into account and undisturbed possession of that part of Tenne ee where the claimant resided, the protection afforded to said reservation by the presence of the United States; and where the pm·chase was made. The claim is fully e tabli hed, and under the forces thereon, and also whet-her it would not be proper to surrender all improve-. circumstances the loyalty of the claimant is not material. We recommend the ments on the same to the claimants in lien of whatever cla-im for use may be set.. passage of the accoll!panying bill. np for the use of said land. Mr. ALLISON. Is not this a new rule that is proposed to be Mr. SAULSBURY. I should like to inquire of the Senator from established by this report 1 Indiana whether there is any person actually claiming these lands. Mr. COCKRELL. Not at all. So far as I see from the reading of the bill it simply :;~.nthorizes the Mr. ALLISON. Is it an existing rule in reference to t hls class of Secretary of War to initiate an inquiry as to whether somebody is claims"/ not entitled to the lands. Is there any evidence that there is any Mr. COCKRELL. It is a question of contract merely. body ~!aiming the land or any part of the land on which this fort is Mr. GEORGE. The purchase was made for the Quartermaster's established Y Department. :Mr. HARRISOY. There certainly is not only th.:;tt, hilt. the title The bill was reported to the Senate ·without amendment., ordered has been recognized by an act of Congress, and the lnt~rj.or Depart to be engrossed for a third reading, read the third t ime, and passed. ment ha.s reported that these lands are in individua].ow,n~rship. At: 1882. CONGRESSIONAL RECORD-SENATE. 3631 the same time, in framing the amendment I did not propose to con for grass and timber, and o on, I do not know what a.ction may have clude the Secretary of War upon that question, and but provided been taken by the Military Committee before, except as I find it \n that if he should find that there was any defect he might recognize it. their reports; and I find that the committee at the last session or ~Ir. PLUMB. I presume it istruethatthismilitarypostislocated Congress, I think it was, 1·eported in favor of a measure like that upon a reservation which belonged to certain claimants under a now proposed, which gave these claimants acre for acre, without any :Mexican grant, which by the treaty of Guadaloupe Hidalgo the exception, even of the double minimum lands of the United States, United States was required to recognize. A bill of particulars was turned them loo e to elect one hundred and ten square miles of the presented to a former committee of the Senate in regard to the dam best unoccupied public lands in the country. Now, we have stricken ages claimed on account of the occupation by the United States of that out. If we occupy a man's lands he is entitled to such compen this reservation, which embraced certain timber or wood which was sation as may bejust; no one can deny that. assumed to have been taken by tho Government, an8. also a certain I cannot assume that the Secretary of War or any one who may quantity of grass claimed to have been cut by the Government, be appointed to look into it would allow such a claim as that which which figured up a very large sum, and which seemed to me to be has been referred to by the Senator from Kansas. I think, therefore, entirely without foundation, and I think the committees have been it is right that he should look into this claim, cut down the reserva constantly regarding it as entirely without foundation. tion to the lowest necessary limit, and I have no doubt myself that I believe myselfthat·the occupancy by the Government of a por it would be better for the Government to retain these buildings and tion of this reservation has been a protection to the estate, that it pay for a section of land than to give up the buildings. Thero axe has prevented the despoiling of it, and that instead of the Govern divers reasons. They may be needed for an Indian school. They ment being a trespasser, and required to pay under any proper cir are large, extensive, substantial buildings erected by the Govern cumstances of tho ca.se damages to the owners of this estate, tbe Gov ment at a cost of$300,000. Still, I have no objection to the amend ernment would be entitled, on a fair statement of the account, to a ment because we may get information from the SecretaryofWar on claim against these owners for having prot-ect.ed it; and I do not want the subject. now to assume in anything that may be done that the Government 1\Ir. VAN WYCK. Is there any other authority sust::tining this should pay damages to these people on account of timber that may claim except the act of Congress referred toY have been cut, or on account of occupancy of land that was not worth lli. HARRISON. There was an act of Congxess directly estab twenty-five cents an acre, and on a.ccount of hay that might have lishing the grant, and it has been recognized by the Secretary of the been cut upon it which otherwise would have simply gone to waste. I Interior and the General Land Office. I desire to su (J'gest an amend do not want in anything that may be done here to seem to authorize ment at the encl of the first section. The clause reads that the Sec the Sec1·etary of War to audit a large claim for damages against the retary of War'' shall al o audit any account that may be presented Gevernment. My belief is that the Gov~rnment ought to-day to sur by the owners of said lands for the use thereof by the United State render the possession, give it up, not merely as a matter of comity or after the title of such claimantS was established." I propose to adcl right to the persons who own this estate, bnt as a matter due to itself "and report the amount-that in his judgment hou1d be paid." that the occupancy of this post, which may have cost $300,000 and The PRESIDENT pro tempore. That will be in order after th(} is seven or eight miles away from the railroad station, is every day a p1·esent amendment is dispo ed of. damage to the Government, on account of the expense of transport 1\Ir. VAN WYCK. "After the title of such clai.mn,nts was c tab ing supplies from tho raih·oad to this post, much more than makes lished." By whom does the bill contemplate it establishment. lly np the interest on the value, whatever it may be, of tille buildings the Secretary of War 'I which have been erected from time to time at this place. ~Ir. HARRISON. The title has already been established and recog It cannot be used as a depot for distributing supplies to any ad nized by the proper Department of this Gover~ent, but desiringto. vantage, because in order to make use of it you hn;ve got to haul by still leave it open if anything should show that there W::tS an error: wagons everything this distance, and haul it back again. It ought the bill is so framed that the Secretary of War may inquire whether· to be abandoned. that title has been established, !lnd if it h1.s been, then he proc~ds The Army clings to it with some degree of affection, because evef"I_ to buy so much as is needed. Army officer who has been stationed there, taking into account the Mr. VAl~ WYCK. It sa,ys the Secretary of War "shall audit."· comfort and convenience of the occupancy of the qua.rters he has had, He will consider that to beadirection to allow the claim, I suppose. thinks of them as having a great value, while they really have no I do not know whether the committee intend to go as far as that, to. value at all. The best thing for the Government to-day would be to direct him to allow the claim. If the bill used the word '' exn.mille ;, take them down or abandon them and leave them entirely. They instead of "audit," it would be le s objectionable. are nothing but adobe buildings any way. They cost a great de:fl lli. HARRISON. The amendment I have just proposed avoids the when they were built, because labor was high and transportation objection the Senator suggests to the phraseology of the bill. Tlie was extravagantly high, but they are of no value to-day even as a Secretary of War is to report to Congress the amount that he think shelter. They have to be kept up at great expense. I think the true ought to be paid. solution of the whole trouble would be for the Government to o-ive The PRESIDENT pro tempore. The amendment of the Senator up Fort Union, and say to these people, "\Ve will give up these ad'obe from Indiana will not be in order until the amendment of the Sena buildings, we will surrender all our impro>ements, in case you will tor from Kansas is disposed of. quitclaim to us all claim you may have against us on account of ~Ir. PLUMB. I have no objection to ac.ceptingthat as part of my dama-ge for the oc.cupancy ." I believe that would have been the fair amendment, and I ask to amend my own amendment1 and then will and decent thing to have been done, decent and fair to the claimant consent to the amendment of the Senator from Indiana being part and decent and fair to the Government. I do not think any other of mine. I propose to add to what I have already moved: thing would have been fair. .And no action taken hereunder h{lll be construed as binding the Go>ernrncnt ~!r; VANWYCK. May I ask the Senator from Kansas if he lmows to :tny payment whate>er. the extent of this Mexican grant as claimed lb·. PLID!B. It is cla.imed to be several hundred thou and acres; 1\Ir. HARRISON. I have no objection to that. I do not remember the exact number. Mr. PLUMB. Then I ha>e no objection to the amendment of the-, Mr. VAN \VYCK. Very largely outside of the bnu occupied by Senator from Indiana being a part of my amendment. the Government t The Acting Secretary read the amendment a modified : Mr. PLUMB. Fifteen or twenty times more than the Go>ernment At the end of section 1 add: occupies. ...And report the amonnttha.tinhisjudgment should be paid: Provided, That the· Secretary of War hall also consider and take into account the protection aftorded Mr. VANWYCK. Can the Senator furthertell ustowhat use the a.id reserva.tion by the presence of the United States forces thereon, a.nd also remainder of this land has been applied by tho claimant , how they whether it would not be proper to surrender all improvements on the same to the had used the land previously f claimants in lieu of whatever claim for use may be set up for the use of said lands; Mr. PLUMB. They have not used it at all. and no action taken hereunder shall be construed as binding the Gi>vernment to. Mr. VANWYCK. Then where is the foundation for any claim any payment whatever." for grass that may have been cut Y Mr. McMILLAN. I understand from the statement of the Senator M.r. PLUMB. If I understand the _Senator from Nebraska, the from Indiana that there has been some legislation in regard to this persons who claim this land had a grant from the Mexican authori land, which, it is claimed, is a. recognition of the title of the present ties which they had not set up or had confirmed, or, if not, had not claimants. I should like t{) ask the Senator what is the chltl'actcr of asserted against the Government when the reservation was made. the legislation to which he refers f It not only includes the ground on which Fort Union is situated, Mr. HARRISON. It was an act of Congress. I did not examine but also tho timber and grass and land of nll the surrounding coun the act myself, but only the reference to it made in the papers pre txy to the extent of 400,000 or 500,000 acre . sented to tho Department. There was an act of Congress ratifying Mr. HARRISON. I do not want to detain the Senate. I have no and confu·1ning this grant. objection at all to the amendment of the Senator from Kansas tien is embraced within the grant . It is only in the event that he The PRESIDENT pro tempore. Does any Senator object to t he ::finds tllat this reservation is embraced, and I have no doubt in the consideration of the bill f world it is, under a grant that has been dnly confirmed, that he is to Mr. COCKRELL. I would suggest to the Senator, as I sugaested proceed. before, not to take it up at this hour. It retains its place ~n the Mr. McMILLAN. Perhaps the Senator from Kansas is familiar Calendar, and it can be called up any morning. It will probably with the proceedin~s in regard to this act of Congress referred to, take an hour or an hour and a half to consider it.. It ought to be .and can state the history of it. called up the first thing some morning, and not consume the rest of Mr. PLUMB. !understand, without being able nowto givedates the mor~:r hour with it now without finishing it. That is the only .and times, that a grant has been confirmed to sections of land which suggestiOn 1 make. embra.ce this post, Fort Union, called the Mora grant. Now the The PRESIDENT pro tempore. The Senator from Louisiana may .question is whether the Government, having occupied it, ought to give notice that he will call it up. ' respond in damages to the owners of the grant. My own belief is, Mr. JONAS. Very well; I give notice that I will call it up on from a somewhat thorough investigation, that the Government pos Monday. session has been of great advantage rather than disadva.ntage to Mr. COCKRELL. No p.otice is necessary. .these people, and that if you were to have a fair and decent account CHARLES M. BLAKE. in~ to-day the owners of this grant would owe the Government some thing rather than the Government owe theni anything. But they Mr. GROVER. I ask that the bill (S. No. 1015) for the relief of Charles M. Blake, which was pa-ssed over without prejudice in my ~have set up a claim and assumed, because there were so many troops quartered on this reserva.tion at certain times, from month to month absence, be now taken up. and from year to year, a certain amount of timber must have been The Sena~ , as in Committee of the Whole, proceeded to consider used, and that there were certain horses there fed upon grass and t~e bill, which was rcporte?- from the Committee on MilitarY., .Affairs with an amendment, to strike out all after the enacting clause and nay, and so on, and that constitutes a claim for hay and grass amount insert: · ing to a very large sum of money. That has been the claim from time That all payments made to Charles M. Blake as post-chaplain, United States to time set up before Congress. Army, from and after the 14th day of ::May, 1878, be, and the same are hereby, I believe, as I ha.ve from the beginning, that the Government ought co~ed, and t!J.e proper ac~untmaft officers of the United. States are hereoy .simply to say, "We do not want this reservation any longer; here ~:o!:J!f:~ ~d~!~~o audit and ow~ayments made to him as post-chaplafu are certain buildings tha,t we cannot use excep!i at a loss;" every single day we occupy that reservation we are doing it at a loss to Mr. COCKRELL. That bill was formerly reported by the Sena .the Government. It is not that we want that reservation; it is not tor from Oregon, [Mr. GROVER,] from the Committee on Military that we want a depot there. The Government ought to say simply, Affairs; it was reached in its regular place upon the Calendar, and -''Gentlemen, we have occupied this reservation, protected it from was passed over on the objection of the Senator from Illinois [Mr. time to time and kept it from private spolia.tion, and we give you LOGAN] and myself. Upon the first reading of the bill, speaking of .now whatever we have got upon it that iS of no use to us in consid "restoration," each one of us misunderstood it i. at least I presume eration that you will release any claim you may have for our occu the Senator from Illinois did, and I know I 1882. CONGRESSIONAL RECORD- SENATE. . 3633 Mr. FRYE. I understand that that bill as well as the following The Acting Secretary read as follows : ~ne,(S. No.10721 )forthereliefofNathanielMcKay, GeorgeM. Clapp, Tha~ the petition of ~or~:;e H. Plan~ for damages SW!tained by the La The bill wa-s reported from the Committee on Claims with an amend known their advantage at the time the original contract was made. ment, to strike out all after the enacting clause and to insert: It is constantly the case that such a contract is modified. Th'at the claim of J. M. Wilbur for compensation for putting in the floor, side The United States, for good reason, does not give any such au walk, and raised pLatforms of the New _York post-office ~e referr~ to the Court thority to its agents, but it is pretty hard if the United States can ef Claims · and that said court be, and 18 hereby, authonzed and directed to take not at least go so far as this, and why if a change in the structure iurisdictioil of said claim, and to allow to said Wilbur an amount which shall be of a building is S6 clearly for its advantage that the II.L'ln who builds equal to the benefit received by the United States in the illuminated tiling put in the floor sidewalks, and raised platforms in said buildin~ being thicker and stronger the building is willing to take his luck of a voluntary payment tO> than w~ contracted for. Said allowance shall be on the basis of actual benefit him by the Government by act of Congress if he makes an ad vu.n received by the Government, and not on the basis of prorating the extra work tageoue change he should not be permitted to do that. aecording to contract price. Here is a case where a change in the contract wa of so much ap llr. INGALLS. Let the report be read. parent advantage to the Government that the man says, "I will put llr. SAULSBURY. Is there a report in that ca.se f it in; I will make the chan~e and Con~ess may pay me or uot as it Mr. CAMERON, of Wisconsin. Yes; \here is a report. has a mind to." Congress looks into It and says, "\Ve will let our ,.The PRESIDING OFFICER. The report will be read. court, under the circumstances, see not how much it cost you but The Principal Legislative Clerk read the following report, sub bow much it actually benefited us, and we will voluntarily pay you." ~tted by Mr. GEORGE, from the Committee on Claims, March 22: Mr. INGALLS. The Senator from Ma~sachusetts makes a very plausible and specious statement of the claim of the beneficiary of" ·That in 1875 Bartlett, Robins & Co. made a. contract with the United States to this bill. He could not ha\e done it better if he had been present clo certain work on the post-office builui~~- in New York. They made a. sub eontract with Wilbur to put in illuminated ti.J.ing in the floor, sidewalks, Nof, and ing his case in court as an attorney. The difficulty is that the facts. raised platform. The glass iu this tiling was to be in this sub-contract put in do not bear him out. There is from the report -of the committee no accbrding to a sample submitted, and was 1882. CONGRESSIONAL RECORD-SENATE. 3635 bill now before the Senate was an amendment that diverted to some ous in calling the attention of the Senate to that case, because there extent the object and purposes of the original bill. is the starting point of this Jarisdiction, a jurisdiction which I think Mr. DAVIS, of illinois. Is it not proposed now as an additional was unfortunately decided by the court to belong to these tribunals, section f a jurisdiction, too, which was established in the face of and to the Mr. GARLAND. I understand that the Senator from Louisiana utter overthrow entirely of two of the long-standing decisions which will present it in that form. The original bill is a bill establishing had the sanction-and the seal of approval of Chief-JusticeMarshall a court of appeals and providing the machinery necessary for the and the entire court over which he presided. I read from 2 How carrying on of the court, and has little or nothing in it with regard ard's Reports, page 497: to jurisdiction except the matter of amount, :fixing the limit as to an A suit, then, brought by a citizen of one State against a corporation by its cor appeal and also as to certain important questions arisi~~ under the porate name, in the State of its locality, by which it was created, and where its Constitution, treaties, and laws of the United States mat may be business is done by any of the corporators who are chos-en to manage its affairs, is a suit., so far as jurisdiction is concerned, between citizens of the State where certified by the court of appeals to the Supreme Court of the United the suit is brought and a citizen of another State. States. The question of changing the judiciary act in many respects was This is the language of Judge Wayne in delivering the opinion of brought to the attention of the committee, but it was deemed best the court: by those who favored a change of jurisdiction in many important The corporatot'S, as individuals, are not defendants in the suit, but they are par ties having an interest in the resul~ and some of them being citizens of the State respects that it should be deferred and brought forward in a separate where the suit is brought, jurisdiction attaches over the corporation ; nor can we bill and should not be made part of this bill organizing these tribu see how it can be defeated by some of the members, who cannot be sued, residing nals. That was pretty much the unanimous opmion of the commit in a different State. It may be said that the suit is against the corporation, and that nothing must be looked at but the legal entity, and then that we cannot view tee; but whatever I may have thought of that question myself, the the members except as an artificial aggregate. This is so, in respect to the Sllb· Senator from Louisiana seeing proper to present his amendment now ject-matter of the suit and the judgment which may be rendered; but if it be right looking to a change of jurisdiction very materially of the circuit to look to the members to ascertain whether there be jurisdiction or not, the want courts, I cannot refrain from expressin~ my opinion in reference to of appropriate citizenship in some of them to sustain jurisdiction cannot take it away when there are other members who are citizens, with the necessary residence his amendment · and, offered as an additional section or sections to to maintain it. the bill, I say that I favor his amendment, and favor even doing But we are now met aud told that the cases of Strawbridge vs. Curtis, 3 Cranch, more than his amendment undertakes to do. 267, and that of The Bank of the United States vs. Devaux, 5 Crancb, 84, holds a. I would have preferred to have had the bill organizing the court different doctrine. of appeals go through by itself, and then bring the other proposition The judcre proceeds then to review these cases, and admits that forward as a separate measure; but inasmuch as the question is pre they do ho1d a different doctrine, but says the doctrine is. wrong, and sented, we of course should meet it fairly and squarely and openly, procee~s to establish what I have just read, that a corporation is in all its length and brea~th, and deal with it now and presently. a citizen within the meaning of the Constitution and the aet of· While favoring it as an amendment I could not favor it as a substi 1789, and therefore the jurisdiction vested in the circuit court wher~ tute for this bill, for I will undertake to show the Senate before I this suit was brought. finish my remarks that, while it is necessary in my judgment to cur This decision was not concurred in by the entire court ; it was not. tail a great deal the jurisdiction of these courts, in other words, a unanimous decision; but it received first the sanction of the court while I consider it necessary to unload to a very great extent, yet in 1844. The matter came afterward before the Supreme Court in even that done and accomplished, the large and the diversified busi the case of Marshall vs. Baltimore, in 16 Howard, and the doctrine ness of the country requires additional force in these courts. was announced again there, but it was obstinately combated, and. Let. me not be misunderstood· I say that if this amendment of with signal ability, by the minority of the court, consisting of Judges. the Senator from Louisiana sho;;id be adopted, yet the legitimate Camp bell, Daniel, and Catron, in a dissenting opinion, which, if Sen and proper business arising before the F~deral tribunals, confined ators desire to be informed and have their memory refreshed as to within the jurisdiction as 1t was originally, before the innovations this matter, they will look at, and I think they will concur with me of the act of 18757 is of sufficient importance and sufficient weight in saying that it completely overthrows the idea that one of these and so exacting as to require additional force in the United States municipal corporations is a citizen within the meaning of th0 Con tribunals. It then becomes a practical question whether it requires stitution and the original judiciary act. all the force that is provided for by the hill establishing the court The question was presented again in 20 Howard in the case of Cov of appeals. Early in my Senatorial career, now nearly four years ington VB. Shepherd. These same judges still fought it obstinat.ely since, I introduced the following bill in the Senate, and had it and referred to their dissenting opinion in 16 Howard's Reports, but referred to the Committee on the Judiciary: still it went forward as a doctrine. In the mean time the eourt had A bill to amend the judiciary act as to suits against certain corporations, and changed its complexion very materially. The principle was pre for other purposes. sented again in 1 Black's Reports, and there it seems to have received Be it enacted, &c_.l That the judiciary act, approved March 3,1875, entitled "An the unanimous opinion of the court; there wa-s no dissenting opinion. act to determine tne jurisdiction of circuit courts of ~e United States and to in that case. But Senators will bear in mind whenever this ques regulate the removal oi causes from State courts, and for other purposes," be, and tion has been broached there is no commentator upon the jurispru the same is hereby, amended as follows, namely: after the first section of said dence of the United States yet who does not dispute and does not act, insert, "but no city, town, village, county, or other municipal or public cor· poration shall be sued in the courts of the United States;" and at the end of sec· hold in doubt the propriety of the decision in the Louisville Rail tion 2 of the same act insert, "private companies or corporations existing and or· road Company t·s. Letson in 2 Howard's Reports. Besides being in ganized in one State but doing business in another State, if sued in the court~ of confiict with the two early cases to which I have referred it was the latter, shall not have the privilege of removing the case to the United States directly in the teeth of that celebrated case which eame from the court." State of Alabama, Earl VB. The Bank of Augusta, in 13 Peters, the I introduced that bill again two years after that time. The com opinion in which was delivered in 1839, to which Judge Wayne mittee to which it was referred has never reported upon either bill; refers in an after part of his opinion, but I will not detain the Senate· it has remained quietly in the committee. The Senate will see from by calling specillc attention to it. · . the reading of the bill that it is looking exactly in the direction of When the word "citizen" was written in the Constitution and. in. the amendment of the Senator from Louisiana. It goesalittlefurther the judiciary act of1789, if the framersofthosetwoinstrnmentahad than the portion of his amendment pertaining to this particular ques meant to include a corporation in that definition, there would ·have tion seeks to go. been no trouble and no difficulty in their announcing it in sa many The importance and the gravity of the question cannot be over words, btit it simply stands on the word "citizen," which is left to. estimated. We are·now dealin~ with a very weighty subject; and if define itself according to our understanding of the word in our own the country is interested at allm anypriblic question, certainly it is country, and in that country from which we derive most of our in interested in this. . stitutions, and that meaning is clearly delineated by the diBSenting I wish to show that the repeal of· all jurisdiction of the United opinion in the case I have referred to in 16 Howard's Reporta. States courts over these municipal and quasi-municipal corporations I have now stated to the Senate the current of decision upon this. is demanded by the necessities of the times and is in strict accord question. The earlier decisions, those· nearest to the period of the with the judicial system of the_United States as organized by the a~option of the Constitution and the passage of the act of 1789, those Constitution and the act of 1789 in pursuance of the Constitution; that come near being contemporaneous with those two era.s, hold that the jurisdiction assumed· over them was by a strained construc explicitly that such corporations are not citizens. This subsequent tion; and that, however long it may have stood and may have been decision overthrew the ea.rly decisions, but even yet let me eaJl the tolerated, it is not the proper construction under the Constitution attention of the Se:pate to the case of Paul vB. Vir~a in t:1 Wal and the original judiciary act of 1789. If I succeed in showing that, lace, when an insurance.company sought exemption m a Stat.e un-der or if the Senate bec~mes convinced of that from any other source that clause of the Constitution which guarantees the inlmnnities and besides myself, the particular portion of the amendment of the Sen privileges of a citizen of a State to citizens of the -seve:ml States. ator from Louisiana in relation to mandamuses against State officers The Supreme Court of the United States speaking through Jndge and State officialS will be superseded 'by this proposition which I Field said that they were not citizens within the meaning of the would ask him to accept as an amendment pro tanto to his. Constitution to get the benefit of those immunities and, privileges·) The first time the principle became ingrafted and settled that cor gual'll>nteed under article 4, section 2, clause 1, of the Comtitution. porations came within the meaning of the word "citizens" in the · Thus we have it decided by the Supreme Court that they are citi-- · Constitution and in the act of 1789, was by the decision of the Su zens .and that they are not citizens. The case of Paul VB. Virginia preme Court in 1844 in the cas& of the Louisville Railroad Comp~y was afterward affirmed in the celebrated case ofRailwa.y-C'ompany vs. Letson, reported in: 2 Howard'·s Reports. I may be a little t.edi- t:B. Whitt.orr, in 13 Wallace, where the opinion was delivered by Judge .3636 CON-GRESSIONAL RECORD-SENATE. MAY 5 ,. .Fieltl also. According to the force of human language, it would bar. for instance, whatever-rights or benefits the complainant may be entitled to ·seem clear that corporations must be either citizens or not citizens. under the Con titution and laws of the United States, must be adjudged to him in the State courts. This rule is imperative, and is found in the words of the Con If they are citizens they are citizens, and they take everything that stitution, which declare, "this Constitution and the laws of the United States -the Constitution carries to citizens. The Supreme Court says they which shall be made in pursuance thereof, and all treaties made, or which shall be do not; that they are only citizens for the purpose of judicial juris made under the authority of the United States, shall be the SUP,reme law ofi the· land, and the judges in e-very State shall be boUlld thereby, anjthing in the Con .(liction to be sued in the courts of the United States. stitution or laws of any State to the contrary notwitbsta.niling." We have these contradictory decisions before us for us to determine If it is suggested that the State court& nnght misiut.erpretthe Constitution and. whether the one position be right and the other wrong, or vice versa. laws of the United States, an States court at Little Rock, one hundred and twenty-three cases tion that I am teferring to as a mere matter of example may have a. were of this character. · suit in every cir traveling through this history very briefly, that the Supreme Court, had the bill of a :Mr. Maury, which has been offered as a substitute with twelve hundred cases on its docket as it meets at each term, by the Senator from Alabama, and which he has maintained before when it adjourns in May has just as many, and the circuit judges are the Senate so ably. That was considered maturely in connection able only to spend a day or two at each particular place of holding with all these different propositions. The committee finally agreed court. I believe Judge McCrary does not honor the city of Little upon this bill for the reaeons indicated the other day by the Senator Rock with his presence but once a year, and then. only for two or from Illinois, [Mr. ·DA vrs,] who introduced the original bill, and three days. Something bas to be done by way of securing more which I will not attempt now to elaborate; but I will state, for the working force, by way of labor-power added to these courts. reflection of the Senator from Alabama and others, the controlling This bill does not embody my plan by way of relief, as is known motive with me about it. to the members of the committee, but I have agreed to it as the best I think if we are going to establish these systems or any of them, the committee could get, and we have taken all the sentiments for and we should bring them as near to the people as possible. We bring against the various propositions and compared them and voted upon the circuit court, for instance, of which my State furms a part, to them. I believe, after long and anxiously looking into this matter, Saint Louis; New Orleans is the place for another circuit court, Rich that this is the best we can do, next to the system which I proposed mond for another, and so on-nine different points throughout the 'alld which the Committee on the Judiciary voted down, and now I Union. will state briefly to the Senate what that was. These courts are more convenient for litigants and for the attor I was in favor of taking the Supreme Court judges entirely away neys than an appellate court here on the plan of Mr. Maury would from the circuits, as Mr. Madison proposed in 1816 and as the bill of be, in my judgment, and it brinO'S the circuit judges from the par Mr. Butler, of South Carolina, proposed. in 1855, to hold them here in ticular circuit who are acquainted with the system of laws, the juris tJais city nine months in the year, and to require them to decide cases prudence of those particular sectione, to see and consult and act to brought to them by appeal, and nothing else; for I believe upon a fair gether. The bill of Mr. Maury was presented before the committee -construction of the Constitution they are meant to be an appellate in. an able argument by himself, strong and convincing, too, in many . -court, and an appellate court only, and that its judges are not to go respects. around upon circuit and sit at n·i3i p1·ius, notwithstanding the early The Senator from Louisiana complained yesterday of the feature judiciary act did so fix it. In reference to the appellate jurisdiction, of the bill fixing 10,000 a-s the limit for appeals to the Supreme Court. they are appellate judges, properly speaking, and should not be mixed Under the Constitution this appellate jurisdiction is given subject to up with original trials in the courts below. such rules and regulations as Con~ess may establish. You have got I favered also, as I stated the other day, the sug~estion of the to fix some limit, and any limit 1s to a certain extent more or less Senator from M~ouri, [:Mr. VEST;] for I do not believe an appel arbitrary. There was complaint that 2,000 used. to be too large a late court ought to know anything about the parties or the liti sum, that it cut out the poor man. • gation below. I would rather, as I said the other day, the appellate There was great complaint after that that r::,ooo was too much; judge should be blindfolded and let the case before him stand as that that made au appeal too much a rich man's luxury. By this bill we of Seius t·s. Titius, or John Doe against Richard Roe. have an intermediate court whose decisions I think in a great major Then I was in favor, in addition to that, of judges of the Supreme ity of the cases the parties litigant will be satisfied with and will not Court not being permitted to deliver any dissenting opinions in any ask to have a third hearing before the Supreme Court of the United case. They have become a curse to the country, in my judgment, States. Some limit must be fixed; and if you fix it at 1,000, $5,000, because. the time that is taken up in writing those opinions and de or any other sum, there will be complaint as a matter of course. livering them would measure about one-third the time thattha court You must stop at some point; and considering that these courts are devotes to business, and certainly nearly one-third of the volumes in put between the Supreme Court and the subordinate courts of origi whiC"h they appear is given up to them. · nal jurisdiction, we thought that $10,000 was a proper and sufficient Mr. President, think for a moment of the purpose of a court. It limit. There is another reason to which I ask the attention of the is not to establlih abstract principles of law; it is not to find the Senator from Louisiana. Under this bill any important case, any ideal standard of right and wrong, but it is simply to say what is case of sufficient importance in the estimation of the judges, may be the law in a give:a. ca-se. It is not to write law-books for the profes certified to the Supreme Court for its opinion. sion; it is not to encourage litigation. If the opinion goes out as 1\lr. BAYARD. That is not the provision in the bill now, I think. the unanimous opinion of the court, you build up around 1t a respect :Mr. GARLAND. Yes. and a con.fi.denco for it which does not otherwise exist. I am sorry Mr. BAY.!RD. As I understand, that is confined solelytocasesof to say that our judges are too much given to writing law-books for copyright and patent. the profession, commencing in every case with'' the law is a rule of ac Mr. GARLAND. No. I wa-s going on to say that it applies to causes tion commanding so and so and forbidding so and so," then going on under the Constitution, lawe, and treaties. In the same section that to the particular questions iri.volved in the case. I would take the confers the 01iginal jurisdiction any question of importance that opinions, if I had my way, back to the time of Coke, simply declarinO' arises under the Constitution, treaties, or laws of Congress may be that the facts in the case are such, and such and such is the law; and certified by the court of appeals for the opinion' of the Supreme Court. I would not compel the judges to search from California to Arkansas Inasmuch as we had to stand upon some particular sum, with these and then to New York fo:r some authority on the particular case, precautions and safeguards, it strikes me we have come to about as and perhaps when it is found it does not apply to it ancl has refer equitable a standard as we could fix. · ence to an entirely different state of case. The purpose of a court is lfw hat I am cop.tendinO' fer with the Senator from Louisiana, limit to eata.blish what the law is in the particular ca-se and where the ing the jurisdiction of these courts, can be accomplished, I do not right is. It makes a man's head swim -to hear the recital of the Sen think we need all the force that this court-of-appeals bill gives us. ator from Alabama the other day as to the way the law-books are I think we can cut it down about one-half, establish these mterm(} growing_in this country. diate courts with one more circuit judge appointed in each circuit, I believe the third volume of Wallace was the first that came out make the quorum three instead of four, and h :uot tell, because this country is growing1 and it will grow and must complain; I believe t.kat the law should be modified; but what I _grow; and it is an illustration at last of the fact that governments complain of is that it should be put upon this bill providi.R of Saint Louis, Chief Justice Bradley, formerly of Rhode Island, who but I never knew a court, from a ju tice of the peace up to tho Su is now, I think, a Professor at Harvard, Mr. Rufus King, of Cincin preme Court of the United State , that would not extend its own nati, and another gentleman whose name I do not recollect, advo powers and jurisdiction where it could. • cate this bill as the proper measure of relief. Mr. DAVIS, of lllinois. The Senator is very unread in the law. Now, is the Senate of the United State going to postpone a. meas Mr. BECK. I am not quite as well read in the law a the Senator ure of this kind to get the views of these gentlemen on one side or from Illinois, I admit, but I think I have as much pract.ical knowl the other 1 .Are we not competent to decide it f Have we not had edge of the common sense of thin~s as he has; and I know that is the this subject under consideration as long as they have Cannot we way the world goes, and I never .lnlew an instance to the contrary. ourselves determine this question as well as they If there is any Mr. DAVIS, of Illinois. The books are full of such instances. gentleman who thinks there ought to be an increase in the number Mr. BECK. If ever there was a case where any of them dld not ~fjudges of the Supreme Court, and that that is the proper mode of a-ssume all the jurisdiction they could get and hold on to it as long reaching the evils complained of he ought to vote against this bill. as they could, I do not know tho instance; and I do not think the If, however, a majority of the Senate believe that the system of in-_ Senator from Illinois would be any exception to that rule, and I do termediate courts is the proper remedy to adopt, then they ought to not think I should be if I were in a place of that sort. I know of no. vote for this bill. I know that the judges of the Supreme Court of court from Judge Bond up or down that is not seizing jurisdiction the United States with one exception are in favor of this bill, and as and, when they can with impunity or think it will favor their pur I understand that gentleman has yielded his opinion on the subject; pose, abusing it. I know that all the rest are for it. Shall we adjourn this case to The proposition made by the Senator from Louisiana will curtail Tue day in the Senate of the United States to get the opinion of any jurisdiction, will prevent assignees who are living in other States gentlemen, no . matter how respectable they are Y Those who are in from suing when they have no legal interest, except that of mere· favor of an increase in the number of judges of the Supreme Court, stake-holders on bills of exchange and bonds assigned, where the who touch upon this question of the constitutionality of dividing it, ori~inal parties both live in the same State, and where jurisdiction are very re pectable gentlemen, ::~.nd so are tho e on the other side, is assumed because a transfer is made, perhaps nominally, to a man from the American Bar Association who were appointed to consider who lives in another State. If this can be adopted, and other trans this subject of law reform. fers that have been authorized can be repealed, and we can ~et re The Judiciary Committee of the Senate have had the views of lief in that way while maintaining the present condition of things or · everybody on the subject. The bar of Saint Louis, the bar of Mis extending it in a modified form, I prefer doing that rather than have· souri, the Legislature of Wisconsin, the bar of Wisconsin, the bar of the courts of the States absorbed by the Federal courts, making it Indiana, the bar of Illinois, I recollect distinctly, all petitioned Con to the interest of everybody to look to this great political system of· gress in favor of this bill; and now, after it has been considered by cou.rls radiating from Washington regarclle s of the States, degrad the Judiciary Committee, after all these plans have been bken into ing the courts of the States and the bars of the States, in order to· consideration, shall we postpone this bill for two days to get the opin make this a ~reat paternal government1 or a nation spelled with a ion of three or four eminent lawyers in the United States t It strikes wonderfully big N. A little time taken m order to see if we can ac me that it is an unheard-of proposition, and I sincerely hop~ it will complish the same object and give relief by clll'tailing the present not be agreed to. I am not asking the Senate to finish the bill to-day powers of tho United States courts and cutting oft' their abuse may if they are not re::~.dy to do so, but I want the bill considered just a not be misspent. That would surely be as well a-s to extend the ys any other bill is. tem by eighteen more judges, who it is admitted will be politicians Mr. BECK. I shall vote for the postponement. However well as the Senator from Illinois says they always have been, and I as advised the Committee on the Judiciary may be, the differences of sume that what always has been always will be. Time taken for a opinion developed among them and the very great importance of the couple of days to get the advice or information from a very able body ' amendment ofl'ered by the Senator from Louisiana, make it neces of men on such a matter will not be time thrown away. sary for some of us who have not had the same opportunity to get Mr. DAVIS, of Illinois. This able body of men will not give any the information we may obtainl. even from gentlemen who form a information on that subject at all. It is a pretense, then, to postpone committee that is equally divi<1ed. I think the Senator from illi this bill until Tuesday to get the views of those gentlemen, because nois must agree that if it is important for the Con~ress of the United they do not discuss this question at all. They do not go into the States to wait two years till they get informatiOn from a body of question of the jurisdiction of the courts. I happen to know about somewhat interested experts before they can act upon the subject of that, for I know what their views are. They simply speak of the taxation, we can afford to wait two days till we can get valuable creation of courts under the two antagonistic system .• They do not information from a disinterested body of experts relative to a much go into details, and they do not discuss jurisdiction. One side is in mooted question. favor of enlarging the number of judges of the Supreme Court, and I do not think there will be any great incongruity in that, and I the other is in favor of the intermediate courts; but they do not dis should like to ask some of these gentlemen who are experts n.t the cuss the question of juri diction. The Senator from Alabama and American bar how it has happened that for twenty years there has the Senator from Kentucky want to contimte this case1 not to get not Leen a man attached to the party Ibelon 1882. CONGRESSIONAL RECORD-SENATE. 3641 willingly, if introduced as a separate mea ure; and I know that the a hurry. I may not have the capacity to understand it right~y as I chairman of the Judiciary Committee has had his attention attracted should. It is a very great question, and there are some view, of it t o this subject, and after action is taken on this bill, as he told the that very strongly impress them elves upon my mind. The first one Senator from Arkansas and myself, he will be rea-dy to consider this I took occasion to expres the other day in opening some remarks to subject. We have considered it in relation to national banks, we the Senate, that the best way to get rid of the difficulty of the accu have been considering it in relation to railroad corporations that. are mulation of business in the Federal courts, whether in the inferior created in one State and do busine s in another. Those who are op courts or in the Supreme Court, was to reduce the jurisdiction, rele posed to the bill. I can see well enough, may eek to have this thing gate back to the States those question which have been taken from interpolated in the bill; but ought those who are reallv friendly to the States either by Congressional action or by judicial usurpation. the bill do it ~ • I think there have been two very broad fields of jurisdiction carved :Mr. President, if this bill now fails here, that is the end of any re out of the jurisdiction intended by our fathers to uelong to the State lief to the Supreme Court, or an end to any relief for the evils com courts simply by judicial usurpation. Whoever attended to the plained of, for the next three or four year , till after the next Presi argument of the honorable Senator from Arkansas to-day must be dential election in any case. Ifthisbilldoes not pas at thepresent satisfied not merely that he was able to defend that propo ition, but session of Congress I do not think any bill will pass until after the that he had the support of some of the brightest intellects that have n ext Presidential election. ever sat on the Supreme Court Bench of the United States that in Mr. BECK. l\Ir. President, when theSenatorfromAlabamamade respect to the citizenship of corporations, which has drawn into the h is motion I snpposed he made it in good faith, for the purpose of ob Federal courts and into the Supreme Court of the United States a t aining information, and I rose to say that J would be glad to voto very large mass of unnecessary litigation, the decision made upon for it tor the same purpose. When the Senator from Illinois choo es which that usurpation of jurisdiction. was based was one that will I to ay it is a pretense merely, I beg leave to differ with him. not stand the test of the corumon-sen e of. this country. And so in Mr._DAVIS, of Illinois. The Senator from Kentucky did not urge respect of the other assumption of jurisdiction which has caused this any reason but that he wanted to learn what these gentlemen knew country so much of evil already; that is attempting to enforce through on this question. Now, I advise him that they do not discuss this a writ of mandamus, which the Supreme Court decides is not an origi- - question at all. nal power of the circuit court but a mere collateral or incidental Mr. BECK. How does the Senat or from Illinois know what in power, an authority against State officers which tends to the break formation the Senator from Alabama, or myself, or anybody else can in~ up of State governments, which in my o"\'\'n State incarcerated a . obtain from these distinguished gentlemen 7 They are competent jnage of probate-one of the most important officers in that State, to consider other things besides the report that was looked over haVIDg the broadest jurisdiction and the most useful to the people after dinner at ::;ara.toga. Their capacity was not exlillusted by that at large-from the middle ofNovemberuntil the last part ofthe month occasion, I presume, but they have the power and have the ability of January, on a void order of a judge of the circuit court of the to give information that may be valuable. United States. I am one of those who believe that before a court of eighteen new These things are not to be passed by without some consideration; judges is to be established, the question of jurisdiction is a very and if the honorable Committee on the Judiciary of the Senate have proper question to be determined, because, if the jurisdiction is to considered them and have not reported a bill to remedy them wh'en be curtailecl, as the Senator from Illinois thinks in many respects it it is admittecl on all hands that the evils exist and demand remedy, ou~ht to be, a smaller court than eighteen would be sufficient to act w by should that committee undertake to bring a bill forward for the unaerthat curtailed jurisdiction. And if many ofthese laws were purpose of accommodating our judicial functions and our j udicial improperly passed, or if the occasion for them ha.s passed away, and machine1·y to an immense broad field of jurisdiction when they them they can be modified or repealed so as properly to curtail the juris selves admit that that juri diction has been wrongly usurped and diction, then the court that is now proposed under the existing con ought to be cut down T I am not in favor of inventing more ma dition of the laws may be greatly modified and the necessity for the chinery and machinery of larger capacity for the decision of causes services of additional judges greatly climinished when proper legis in the Federal courts, whether the Supreme Courtor inferior courts, lation 1s had touching that question of jurisdiction which is brought to accommodate a jurisdiction that has been usurped by those courts, up so sharply by the amendment of the Senator from Louisiana. and which we ourselves owe it as a duty to the country that we Mr. :MORGAN. l\Ir. President, I am informed that a committee should curtail. Hence I think that the proposition to curtail the consisting perhaps of seven or eight or nine was selected by the jurisdiction comes naturally and necessarily first. American Bar Association to take into consideration this whole sub If we want to serve the people of the United States rather than ject, that they have been laboriously engaged upon it for a Ion~ time. some political party, if we want to save the people the sum oi The names of the committeemen who have come to my attention im $500,000 a year in expense, instead of putting it in the power of your pressed me with the opinion that they were about as able as any of President to appoint eighteen judges, and perhaps nine more mar the jurists in the United States, whether they have been on the shals, and nine more clerks, and the like, we had better devote our Supreme bench or not; as the name, for instance, of l\Ir. Edward J. attention to the curtailing of the jurisdiction which has been thus Phelps or l\Ir. William .M. Evarts, to say nothing of other gentle unlawfully usurped by these courts, rather than in providing ma men as Judge Hitchcock, of Missouri, and Judge Bradley, of Rhode chinery for the accommodation and for the administrat,ion ot that I la.nd. Now, it is a serted by the Senator from illinois, who seems unlawfully widespread jurisdiction. t o be better informed about this than I am, that the committee is Now, sir, this is not a question that can pass from my mmd at least divided equally. without serious consideration. Very few Senators have participated Mr. DAVIS, of illinois. So Mr. Hitchcock told me the other day. in this debate on the other side of this Chamber, I have notic~d; not Mr. MORGAN. The committee is equally divided, he says·. I :jlave because these questions are not interesting; not because they do not as much interest in knowin~ what Mr. Hitchcock's opinion is, and the understand them, for they comprehend them aa well as Senators on gentlemen who coincide w1th him in opinion, as I have in knowing this side, but they remain silent except to help the organization up, the o;pinion of the other side, for as I stated, as far as I have heard the to keep the question in compact form, so that they may lay their opiruons on the other side they are in consonance with the view I hand to the President of the United States with a majority in this expressed to the Senate the other day as to our power to divide the body upon eighteen men selected from the Republican party to ad Supreme Court into sections. I desire therefore to hear from both minister- what'f Justice, not according to la.w, but according to sides. The Senator from Illinois seems to think ·that that i a pre party behests. ten e of mine to delay action on this bill. I regret very mnch- - That is going to be the fruit of it. We are to judge a tree by its :Mr. DAVIS, of illinois. I said that it was a preten e of the Sena fruits. We understand exactly what this tree will produce. I un tor from Kentucky from the argument that I ha-d heard in relation derstand the bitterness of it. I understand the gall and the worm t o the amendment of the Senator from Louisiana. I did not say any wood that comes out of this production. The honorable Senator from thing about the Senator from Alabama using it as a pretense. I illinois must not suppose that either by taunts or otherwise he can withdraw that remark, however, because it was not a proper remark silence the voice of a man who wants to speak for the people of this. to use here. The Senator from Kentucky argued about the amend country in opposition to a bill even that the honorable Committee ment all the t.ime, and did not say one word about what these gentle on the Judiciary may have brought forward. men did, anC!- I told the Senator that these gentleman did not speak When yon come to the verbiage of this bill~ those who have legal on the questwn of the amendment of the Senator from Louisiana. acumen and understand the meaning of words will probably find some Mr. MORGAN. Now, suppose I should be rude enough to say that of the most important lawsuits couched in the very language of the I thought the Senator from Illinoi was afraid to have this argument bill itself; not that I claim to be a critic, but with an eye unskilled printed. as mine I can see holes in it that yon could drive a six-horse team Mr. DAVIS, of Illinois. I have no fear about it. througn, it seems to me, in matters of construction. The bill is to Mr. MORGAN. ·would he not think that was a very rude speech' be hurried through; it is to be pnt upon its passage whether or no; And yet we shouldhavethe same right to drawthatinferenceagainst and while, as has been remarked here, we are searching the world the Senator that he has to draw that inference against the Senator over with coiDIIliBsions upon whisky to get the evidence about drunk from Kentucky. enness in the country, commissions upon the tariff to find out how Mr. DAVIS, of illinois. I withdrew the word ';pretense." much the people are taxed, how much they ought to be taxed, and Mr. . MORGAN. I know it is withdrawn, and I withdraw what I in what way they should be taxed, commissions on woman sufuage, said about the other suggestion. [Laughter.] So we are even about and such things as those, we cannot afford to stop for two days to that. . find out the opinion of men who have been engaged in questions of But t.his is a question of too much gravity to be forced through in this kind for months and months together. 3642 CONGRESSIONAL RECORD_-SENATE. MAY 5, Mr. President, I have. ma-de this motion in go_o~ faith; ~h~ Senate township' 33 north, range 27 west, included within the limits of the Fort Niobrara. .~an dispose of it as they see proper to d~; but It IS my_ o~lillon that military reservation, declared in Executive order of December 10, 1879, and en larged by Executive order of June 6, 1881. the wish to pass the bill before the Amencan Bar Assoe1a~10n can g~t With the exception of the above-mentioned sections, no portion of the Fort -their opinions before the country smacks more of a desrre to avoid Niobrara military reservation can be given up wlthont detriment to the military -the disom;sion which they will bring forward tl.tan it does of haste, service. _ .or intemperance, or impertinence on our side in trying to get the Very respectfully, yonr obedient servant, ROBERT T. LINCOLX, benefit of such testimony. Secretmy of War. 'Mr. BUTLER. I trust the Senator from Illiiiois will not antago Hon. F. M. COCKOOLL, nize the proposition of the Se~at?r fromA!-a:t>ama. I do not see what of Committee on Military Affairs, lJnited States Senate. arm or injury can befall th1s bill by waitmg-- From this letter of the Secretary of War it is clearly apparent that the portio-us him f of said military reservation described therein are of no possible use for military :Mr. DAVIS, of Dlinois. Will the Senator let me interrupt purposes, and should be at once restored to the public domain for disposition by Mr. BUTLER. Certainly. the Secretary of the Interior under the general laws. Mr. DAVIS of Illinois. There is no expectation of disposing of Some citizens of the United States pnor to December 10, 1881, settled and made -the bill finally to-day. Why not let the discussion go on next Mon- improvements on certain portio11.s of said tracts, not needed for military purpose , and in the disJ?OSition thereof should have priority of claim thereto. , -day for a 1·easona91e length of tim~, and if there is then any wish +,o Your committee have prepared and herewith submit as a substitute for and in postpone it until the day followmg, well and good; but I do not lien of said Senate bill No. 835, a bill to restore those portions of said reservation want the bill to ~o over until Tuesday. There are two or three described in said letter of the Secretary of War as of no use for military purposes .Senators who desue to addxess the Senate on the pending amend to the public doma.in for disposition by the Secretary of the Interior under the general land laws, giving priority of right to such persons as have settled or made ment and we can certainly come to a vote upon t.his question, with rmprovements thereon pnor to December 10, 1881, provided they file their claims which the views of the bar association have nothing to do on earth. within three months after said lands are subject to disposition, and recommend Mr. VOORHEES. Then if Senators will yielti now, I will move the passage thereof. -:that the Senate preceed to the consideration of e~ecutiv~ busines~. :Mr. INGALLS. Do I understand the Senator from Missouri to-say Mr. VAN WYCK. Will the Senator from Indiana withhold his that all these rights had accrued before the military reservation was motion a moment for the consideratioll of a bill to which there is no established! -objection in order to accommodate my colleague. Mr VOORHEES. I yield to the Senator from Nebraska. · Mr. COCKRELL. No ; the old military reservation was estab )fr: SAUNDERS. I a{>k the Senate to take up Senate bill No. 835. lished, as the record which has been read shows, some time ago. Recently, the reservation was extended ve~y largely so as to take in It will take but a very few moments to dispose of it. an immense area. of country. These parties went and settled not The PRESIDING OFFICER. The pending bill will be inform upon the old reservation, but upon the portion that was included .ally laid aside, if there is no objection. The Chair hears none. within the new reservation, before they knew that the reservation FORT NIOBRARA ~IILITARY RESERVATION. had been made. Mr. SAUNDERS. I ask unanimous consent that the Senate pro ~Ir. INGALLS. Did they settle on the reservation before or after -ceed to the consideration of the bill (S. No. 835) to open to settle it was legally established f ment and entry certain lands in the State of Nebra{>ka, withdrawn :Mr. COCKRELL. Some of them settled before and some of them ;by executive order for military purposes. after it wa{> !e$allyestablished, but before they had knowledge of it. The PRESIDING OFFICER. The bill will be read. ~Ir. INGALLS. Does the question of knowledge affect the ques The ACTING SECRETARY. The bill was reported from the Commit- tion of right f 1;ee on :Military Affairs with an amendment, to strike out all after the Mr. CO-CKRELL. Nobody else is claiming it. It is an immense ·enacting clause and to insert : prairie country. Persons have gone there and settled upon the land; they have built their little houses. The reservation was extended That the Secretary of War be, and hereby ~s, ~ted to restore .to the S~re ·tary of the Interior the custody, control, and disposition ofthefollowmg-descnbed so a{> to embrace that portion of the country, but I suppose there will ·parcels and tracts of land embraced within the limits of the Fort Niobrara military be no controversy at all in regard to it. As I understand, it has been --reservation in the State of Nebraska, as declared in executive order of December the universal rule after persons have settled in good faith upon land 10 1879 and enlarged by executive order of .June 6, 1881, to wit: all of sections in that way and it was not extraordinarily valuable or anything of l'lltimbe~ed 29, 30, 31, and 32, and the west half of section numbered 33, all in to~ :ship numbered 34 north, of range numbered Z7 west, and all that part of s~tiUnanimously from the Military Committee. for timber purposes. Therefore it was reserved; bu~ persons located ~Ir. INGALLS. We might as well understand ~his in adva~ce. upon this high level upland territory, to which they did not suppose Here is a military reservation in Nebraska, on which unauthonzed at the time, neither did the general public suppose at the time, that .settlements have been made by trespassers as if it were public land, the Government sought to attach auy claim, as the Government w'as .and this is an attempt- only seeking to extend a timber reservation. Mr. COCKRELL. I beg the Senator's pardon; his statement is Mr. INGALLS. I withdraw any objection I made to the bill. without foundation of fact. The PRESIDING OFFICER. The question is on agreeing to the Mr. INGALLS. Let us go on with the report, then; I may have amendment reported from the Committee on :Military Affairs. ·been misinformed. The amendment was agreed to. The PRESIDING OFFICER. The bill has not yet been taken up. The bill was reported to·the Senate as amended, and the amend Is there objection to taking up the bill for consideration at this time Y ment was concurred in. Mr. INGALLS. I do not object to its consideration. The bill was ordered to be engrossed for a third reading, read the The PRESIDING OFFICER. The Chair hears no objection, and third time, and passed. the bill is before the Senate as in Committee of the Whole. The The title was amended, so as to I'ead: "A bill to restore certain :report will be read. _ . portions of the Fort Niobrara military reservation, in the State of The Acting Secretary read the followmg report, subnntted by Mr. Nebra ka, to the public domain, and for other purposes." ·COCKRELL April 4: C. D. DE FORD & CO. The Committee on Military Affairs, to whom was referred Senate bill835, have -duly considered the same, and.sub:IDt the fop.owing report: . . · MT. VOORHEES rose. · . Your committee referred said bdl to the Secretary of War for information and The PRESIDING OFFICER. The Senator from Indiana moves report, and received from him the following letter: WAR DEPARTMENT, that the Senate proceed 'to the consideratiGn of executive business. Mr. VOORHEES. Upon the suggestion of others about me I will Wa.sllingtcm. OibJ, March 39, 1882. withdraw that motion and move that the Senate adjourn. Sm: I have the honor to aoknowledge the receipt of your lett~r of the 20th ·ultimo, referring, for the news of this Department thereon, Senate bill83~, to open, Mr. GROOME. Will the Senator allow me tG ask consent to take to settlement and entry certain lands in Nebraska, supposed to have been mclnded up a billY in the military reser;ation of Fort Niobrara. Mr. VOORHEES. Oh, of course; I never refuse anything. . · In reply thereto I inclose herewith a report from the Ad.intant-Genera.l on the Mr. GROOME. I ask the Senate to proceed to the consideration 6f .subject, dated the 25th in!itant, a~d beg t~ state that there is no objection on the part of this Department to releasmg sections 29, 30, 31, 32, and .the west ~f ~f the bill (8. No. 1513) for the relief of Orville Horwitz, trustee for C. :Section 33, in township 34 north, range 27 west, and all that portion of section 8 m D. De Ford & Co. 1882. CONGRESSIO:NAL RECORD-SENATE... 3643 The PRESIDING OFFICER. Is there objectio!i to the present OFFICE COLLECTOR ll"'ERNAL REVENUE, -consideration of the bill f TRmD DISTRICT MARYLAlm. Mr. COCKRELL. Let it be read for information. · Balti:nwre, .April1, i882. Respectfully returned to the honorable Commissioner of Internal Revenue, The Acting Secretary read the bill. Washington, with the following information: llr. INGALLS. Is there a report f At the time of the passage of the act of July 20 ,- 1868, imposing taxes on distilled The PRESIDING OFFICER. There is a report. slJirit8, tobacco, &o., Messrs. C. D. De Ford & Co. were dealers in tobacco and Mr. INGALLS. Let the report be read. Cigars in this city, and bad on hand a large stock of cigars upon which the tax had been paid under the provisions of law existing prior to the passage of that act, Mr. HARRIS. I can perhaps state the points of the report in a which act changes.-the mode of collecting the tax on cigars, requiring the boxes manner that will save time and be satisfactory to the Senator. containing them to have stamps affixed thereto denoting the tax-paid cigars, the Mr. INGALLS. The report had better be read. These matters tax on which had been paid under the provisions of former acts, were allowed to .are imp()rtant as precedents. be sold unstamped until the 1st day of April, 1869, after which date, by the terms ef section 94, all cigars of every description were to be taken to have been either manu MJ:. HARRIS. Certainly the Senalior shall have the privilege of faetured or imported after the passage of said act, and should be stamped accord hearing the report if he desires. The report contains all that I in,gly. MeRsrs. De Ford & Co. made monthly inventories as required by section 94, intended to say and more. and on Aprill, 1869, still had on band a large portion of their old unstamped stock The Actin~ Secretary read the following report, submitted by Mr. which they had been unable to dispose of, and upon which they were afterward obliged to pay the tax a second time by purchasing stamps to be affixed to the HARRIS Aprilll: boxes under the provisions of the new law. The Committee on Finance, to whom was referred the bill (S. No. 1513) for the Mr. R. M. Smith, my immediate predecessor, was collector of this district at ~re'Kef of Orville Horwitz, trustee for C. D. DeFord & Co., having considered the that time, and when making such purchases of stamps from him Messrs. De Ford "Same, submit the following report: & Co. were in the habit of making formal protests against the second payment When the act of July 20 1868, was passed, George T.De Ford and WilliAm Y. required. A copy of one of those protests now on the files of this office and a De Ford were tobacco merchants in the city of Baltimore. Maryland, trading under copy of one of the monthly inventories of Messrs. De Ford & Co. are transmitted the firm name of C. D. De Ford & Co., and had on hand at that time a large stock herewith, marked respectively A and B. -of manufactured tobacco aud cigars, npon which all taxes imposed under the laws The members of the firm of C. D. De Ford & Co. stand high in this community .as they then existed had been lully paid. as men of integrity and of strict honesty in their business dea.Jings . But the ninety-fourth section of that act required that all tobacco and cigars R. M. PROUD, CoUectcr. manufactured prior to the passage of the act, and remaining unsold on the 1st day A. -of April, 1869, should have tax-paid stamps affixed to the packages before being [Cbatles D. De Ford&. Co., manufacturers of leaf-tobacco and cigars.] sold, or offered for sale, even though a tax had been paid on the same under the provisions of former laws. No. 37 SOUTH GAY STREET, On the 1st day of April, 1869, the said firm had on hand a large lot of ci,gars Baltimore, December 30, 1869. iUDSold, but upon which all taxes required bylaws prior to the act of July 20, 1868, DEAR Sm: We hereby protest against the payinent of $50 this day paid to you had been fully paid, and shortly after that date the said firm of C. D. De Ford & for stamps to be applied to pack~es containing cigars which have already paid Co., fu order to put a portion of these cigars on th& market, under protest, pur the tax required by the laws of \.iongress imposin~ the same, believing as we do ebn.sed tax-paid stamps of the collector of internal revenue at Baltimore, amount- that the exaction o'f a second tax upon the same mgars is unconstitutional and in ing to $1,347.25. 'h violation of every principle of and just.ice. Soon thereafter said firm conveyed its property and assets to the claimant, Or !1$Jt ville Horwitz in trust for the benefit of its creditors. When the said trustee took We remain, very respec · y, CHAS. D. DE FORD & CO. possession of the stock be found a large lot of cigars on hand upon which it is ROBERT M. SllnTH, Esq., · .alleged that all taxes had been paid prior to the passage of the act of July 20, 1868; Collector Internal Revenue, District of Maryland, Baltimcrre. but m order to put them upon the market he was compelled to purchase from the ~ollector tax-p:ud stamps to the amount of $3,306.59. B. The committee referred the bill to the Secretary of the Treasury with the re quest that he give the committee such information on the subject as the records [United States Internal Revenue.] -of the Department could furnish, with such suggestions as be might see fit to TOBACCO, SNUFF, OR CIGAR DEALER'S Th"VENTORY. make. Inventor!J of manufactured toba~co, snuff, or cigars of all kint:U held or tnOned by In answer the Secretary forwarded to the committee the followin~ statements Charles D. De Ford ~ Co., at 37 SQUth Gay street, in Baltimore, in the third coUec !from the Commissioner of Internal R even'lle and the collector at Baltimore : tion di8trict of Maryland, on the 1st day of December, 1868. TREASURY DEPARTMENT, .AprilS, 1882. SIR: I,n reply to your letter of the 21st ultimo, inclosing bill (S. No.1513) for the Description. Pounds . .relief oro. Horwitz, &o., and asking for information anasuggestions in regard to Texas, and Paso del Norte, Mexico. It is n. very sho~t bill and will Mr. INGALLS. If the theory on which this bill is based is tha.t.it produce no discussion. · js an international structure. and that the assent of the Mexican By unanimous consent, the Senate, as in Committee ofthe \Thole, Government is necessary to 'have it builded, how can we provide proceeded to consider the bill. that the Secretary of War of the United States GovemmenG shall The bill was reported from the Committee on Commerce with rcgnlate the toll over it 'I amendments. 1.1r. BUTLER. He can regulate the tolls on this ideoftheriver,. The :first amendment was, at the end of ection 1, to \!cld "which certainl:v. charge shall be subject to revision and regulation by the Secretary 1\fr. COKE. So far as the jurisdiction of thi Government extends. 1 of \Var from time to time; ' so as to make the section read : )fr. INGALLS. So far as our country goe. ; that is, to the middle That the El Paso Street Railway Company. a corporation organized and created of the stream under and by virtue of the laws of the State of Texa , be, and is hereby. author ~Ir. COKE. So far as our country .,.oe . The bridge is to be built IZed and empowered to construct. own, maintain, and operate a street-railway by two companies, one organized under the law of Texas and the bridge over the Rio Grande River between the city of El Paso, in the State of other under the laws of Mexico, and the company cannot commence Texas, and the city of Paso del Norte, in the State of Chihuahua, Mexico, at uch point as may be mo t convenient to said corporation to unite and connect the street operations under the l\fexic:m charter until the consent of the na railroad to be constructed by them in the said city of El Paso with any street rail tional Government of the United States is given. road that may be constructed by any person or company in the said city of Paso l\fr. BUTLER. We regulate the Indians sometimes on the other del Korte, and to build and lay on ancl across said bridge ways for the passage of side of the international line. animals, foot-pa sengers, and vehicle of all kinds, for the transit of which said corporation ma:y charge a reasonable toll, which charge shall be subject to revis The PRESIDING OFFICER. The que tion is on agreeing to the ion and re~ation by the Secretary of War from time to time. amenclment of the committee. The amendment wa agreed to. Mr. SAULSBURY. I it not a very singular clause to provide The next amendment wa , in section 2, line 4, before the word "wa that the Secretary of War shall be charged with the duty of revising ter," to insert "high;" o a to read: the tolls imposed by a private corporation in the State of Texas f It seems to me that that is imposing upon the Secretary of W n.r a novel That saill briu~e may be built with unbroken and continuous spans, and of the followin~ dimensiOn , to wit: Six )lundred feet in length, twenty feet in width, duty, at any rate, and one that I apprehend does not pertain to his ten feet m heij!ht above high-water le\el, and with twenty-eight spans, twelve of office as Secretn.ry of War. which to be thirty feet in length and sixteen of whic'h to be fifteen feet in length ; Mr. COKE. I would suggest to the Senator from Delaware that that said bridge when completed in the manner herein specified shnll be deemed this bridge is to be built across a river which is a national boundary, and taken to tie a legal structure. and that the Texas company will co-operate with the Mexican com The amendment was agreecl to. pany in building it. There should be some authority having the The next amendment wa , in ection 2, line 1 , after the WQrd power to supervise the rates of toll and charges for crossing the "bi'iclge," to in ert "or for any other reason;" so as to read: bridge, and the committee thought that the Secretary of War would That Congre reserves the right to withdraw the authority and :power conferred. be as good as any other. It is a very common provision, I think. by this act in case the free navigation of said rivt>r shall at any time be sub tan :Mr. VOORHEES. It is done in all such cases. tially or materially ob tructed bv aid bridge, or for any other rea on, and to direct. Mr. INGALLS. Will the Senator from Texas inform us if the ri'ver the remo'al or nece sary modifications thereof. is navigable at the point where this bridge is proposed to cross 'I The amendment was agreed to. Mr. COKE. The river is not navigable there. The next amendment was, at the eml of the bill, to add: Mr. INGALLS. Then what is thenecessityofinvoking the action .A.t the cost and expen e of the owners of said bridge ; and Congress may at any of Congress on the subject 1 time alter, repeal, or amend this act: .And provided jurllu!JI', That the con ent ot' :Mr. COKE. The necessity exists because the river is a national the .Mexican State of Chihuahua aud of the proper authorities of the Republic oi boundary, and the Texa company which proposes to bwld this bridge .Mexico shall ha\e been obtained before aid bridge shall be built or commenced. will co-operate with a Mexican company, chartered under Mexican The amendment was agreed to. authority, on the other side of the river. It was supposed, as the The bill was reported to the Senate as amended, and the amend river had been the subject of treaty between the Republic of Mexico ments were concurred in. and this cotmtry, that when it was crossed it would be better that The bill was ordered to be engros ed for a third reading, read the the assent of the national Government should be had. Indeed it is third time, and passed. one of the requirements of the charter granted to the Mexican com C'G TO~-HOC E LOT L~ :\ill:\fPID . pany that this Government shall give its consent to the building of lli. HARRIS. I ask the Senate to proceed at this time to the con the bridge, so far as the Texas company is concerned. sideration of the bill (S. No. 1703) to cede to the first taxing district of Mr. INGALLS. It appears to me that the fact that one terminus the State of Tennessee a certain lot of land situated in said State. of this bridge is on foreign soil would not render it necessary that :Mr. SHER~f.A.N. I do not know anything about the bill, but I consent should be given by the United States Government to build trust the Senator will let it go over so that we ma.y adjourn. a bridge ~teross the river unless it is navigable. lli. HARRIS. If it takes any time I will consent that it may g<> Mr. COKE. The river is not navigable at that point, but if the O\er; but I do not think it will take five minutes, and, as a question Senator will reflect for a moment he will see that as this is a bound of time, if the bill is to pass it is important that it should be passed ary between the United States and :Mexico-- at once. Mr. INGALLS. Yes; but the fact that it is a boundary is no more Mr. SHEillllN. Very well; I will consent that it be proceeded than if it were an imaginary line run by surveyors. with, reser~~ the right to make a motion to adjourn. Mr. COKE. The Senator will remember, however, that the center 1\fr. VOOR~ES. I have a motion pending to adjourn. I yield of the Rio Grande River i the boundary line between the Republics to the Senator from Tennessee. of the United States and Mexico, and that the treaty stipulations The PRESIDING OFFICER. The bill will be read. provide that there shall be no obstruction of the navigation of that The Acting Secretary read the bill, and, by unanimous consent, the 1·iver. Wbile this point is above navigation it does not seem that Senate, as in Committee of the \Vhole, proceeded to its considera any citizen or any company could assume, without the consent of tion. Congress, that it is not navigable and build bridges that might ob The bill was reported from the Committee on Public Buildings struct the river if at any time it should turn out that it was navi and Grounds with an amendment, in line 11, after the word'' suc gable. ces ors," to insert: Mr. COCKRELL. It is a navigable stream, bm the bridge is to .A.nd if the said trustees hall find that tho said lot is not suitable for tbe pur· be built at a point above what is now navigable. po e of a public-library building, then the arne may be sold and con\eyed by the Mr. COKE. It is really navi~able, butitis navigable much lower said taxing district, and tho proceeds of such sale rein>ested in a lot suitable for down than this point. This pornt is above the head of present nav such building, whlch shall be held in trust as afore aid; igation. So as to make the bill read: lli. INGALLS. It is several hundred miles above, I understand. B e it ena~ted, cf:·c. , That the lot or parcel of ground . itua.ted on the Routheast Mr. COKE. I suppose it is four hundred or five hundred miles corner of Jeffer on and Third streets in the city of Memphis, in the first taxing above. district of the State of Tennessee, now owned by the Government of the United Mr. mGALLS. Then the terms of the bill are insensible, because States, and upon which it was formerly intended to erect a. po t-office, cu. tom house, and United States district and circuit court-rooms, bei and ihe same is it is stipulated that the span shall be so constructed as not to inter hereby, ceded t.o the first taxing district of Tennessee, to be he d in trust for the fere with naviO'~\tion. That is an absurdity. If there is no naviga use of the board of trustees of said public library and their succe sors; and if tb& tion why shoJ'd the requirement be inserted that the bridge shall said trustees shall find tta.t the aid lot is not suitable for the purpose of a public· be so constructed a not to interfere with navigation¥ library building, then the arne may be sold and conveyed by the aid taxin{{_dis trict and the proceeds of such sale reinvested in a lot snitab1e for uch builuing, Mr. COKE. It is not used now for any navigable purposes. It is which shall be held in trust as aforesaid; and if the said board of trustees shall not, in the general and usual practical sense, navigable, but I pre fail to erect a suitable building for a public library upon said lot within three years. sume there are seasons of the year when there is water enough in from the passage of this a{}t, theu said lot hall be held in trust by said taxing dis the river there for navigation. trict for the use and benefit of the public schools of said taxing district. 1\lr. INGALLS. Thatwoulcl betrueofPennsylvania avenue. We The amendment was a!ITeed to. have occasionally seen that enough under water to float boats. :Mr. INGALLS. I hou~cl like to hear orne statement of the facts. The PRESIDING OFFICER. The question is on agreeing to the in regard to this bill. amendment of the committee. Mr. H.A.RRI'". I will state the facts in brief. .A. number of years .Mr. INGALLS. Let the amendment be reported again. ago a lot 148 feet quare in the city of .Memphis was purchased as the The amendment was read. site for a custom-hou -e, court-house, and po t-office. The house was 1882. CONGRESSIONAL RECORD-HOUSE. 3645 not built, uml I believe the original appropriation, after the purchase Mr. RANDALL. The probabilities are that some amendments may of the lot, la.psed. Some :five or six years ago an appropriation was be voted on in Committee of the Whole at four o'clock to-day. I made for the purchase of a site and the construction of a building understand that the gentleman from Iowa [1\Ir. KA.sso~] reserves for a custom-house, court-house, and post-office in the city of Mem his :final hour for debate until the bill is reported to the Honse. phis. This lot, having been perhaps ten years previously purchased, The SPEAKER. The question is upon the motion of the gentle was found wholly unsuited. man from Iowa to dispense with the morning hour for to-day. In the first place it was not sufficiently large; in the second place The motion was agreed to. it was not sufficiently centrally located, the building up and -popu Mr. TOWNSHEND, of Illinois. As it is very apparent that there lation and business of the city having floated to the south and east. will be no vote to-day 7 I think it had better be understood at the Therefore a new site had to be procured. In endeavoring to procure start. a new site it was found difficult to get one that could be obtained on Mr. REED. Oh, no; we do not want to waste any of to-day. what were thouo-ht to be fair and reasonable terms. The city of Memphis donated a lot three hundred and :fifty feet square, in the ILLINOIS Al\"'1> 1\liSSISSIPPI CA..."''AL. very heart of the business of the city, a lot that I am quite satisfied Mr. FARWELL, of Iowa, asked and obtained consent to have I cau safely say is worth twenty, perhaps :fifty, times as much as the printed in the RECORD as a portion of the debates of the House some lot in question. remarks which he had prepared on the bill (H. R. No. 2248) provid Mr. HOAR. Why is not the lot granted to the city of Memphis T ing for the construction of the illinois and Mississippi Canal. [See Mr. HARRIS. Because the name of the locality and people is Appendix.] changed, the act ofincorporatio~ havi!lg been repealed, and the same ORDER OF BUSTh"'ESS. territory, or about the same territory, mcorporated under the present ~Ir. KASSON. I nowmovethattheHouse resolve itself into Com name. mittee ofthe Whole on the state of the Union. Mr. HOAR. Is there any city of Memphis now T The motion was agreed to. Mr. HARRIS. There is not. The House accordinglyresolveditselfinto Committee of the Whole, 1\Ir. ALLISON. What is it f Mr. ROBL"''SON, of Massachusetts in the chair. Mr. HARRIS. It is the first taxing district of the State of Ten nessee. TARIFF-COM.mBSIO~. The city ~ving given to the Government this three hundred and The CHAIRMAN. The House is now in Committee of the Whole, :fifty-feet lot, according to the representation of my late colleague in and resumes the consideration of the bill (H. R. No. 2315) providing the House who had the management of the matter, with the under for the appointment of a commission to investigate the question of standing that it was to be exchanged for the smaller lot, this bill the tariff and internal-revenue laws. Upon this bill the gentleman proceeds upon the idea that the Government ought to cede to that from Pennsylvania [Mr. RANDALL] is entitled to the floor. people this lot. The present necessity is that a large donation has Mr. RANDALL. Mr. Chairman, it is my purpose in this debate to been offered for the establishment of a public library, on condition be as brief and practical in the expression of my views -as possible, that the taxing district will furnish a lot and build a suitable build prefen;in~, for obvious reasons, the postponement of all general dis ing, and we want to utilize this lot for that purpose. cussion ot details of nece&sary legislation until the revision of the The bill was reported to the Senate as amended, and the amend present tariff shall be directly under consideration. It is a subject ment was concurred in. at all times, and in every country, full of difficulty and embarrass The bill was ordered to be engrossed for a third reading, read the ment, and yet it is as old as government itself, and has exhausted, third time, and passed. as we kuow, the highest mental efforts of the most celebrated states The Committee on Finance proposed to amend the preamble by men. Some few points have ·been settled and accepted generally, striking out the--following clause: but they are not many. Hallam, the justly esteemed constitutional Whereas said last-mentioned lot owned by the United States is centrally located historian, in his "Europe During the Middle Ages," lays down this and admirably situated for the purpose of a public library. axiom, which our experience as a people justifies and which will not The amendment was agreed to. be disputed : The preamble as amended was agreed to. It is difficult to name a limit beyond which taxes will not be borne without im Mr. VOORHEES. I move that the Senate adjourn. patience when they appe::a- to be called for by necessity and faithfully applied; The motion was agreed to; and (at four o'clock and twenty-nine nor is it impra-cticable tor a skillful minister to decieve tbe people in both these respetlts. But the sting of taxation iii wastefulness. What high-spirited man minutes p. m.) the Senate adjourned. could see without indignation the earnings of his labor, yielded ungrudgingly to the public defense, become the spoil of parasites and peculators~ It is thls that mortifies the liberal hand of public sprrit; and those statesmen who deem the security of government to depend not on laws and armies, but on the moral sym pathies and prejudices of the people, will vigilantly guard against even the sus HOUSE OF REPRESENTATIVES. picion of prodigality. It is equally true that excessive taxation, even when it is success FRIDAY, May 5, 1882. ful in securing excessive revenue, is ultimately destructive of the The Honse met at eleven o'clock a. m. Prayer by the Chaplain, sources of labor from which it is drawn; while at the same time it Rev. F. D. POWER. engenders extravagance, corruption, and decay. For when the Gov The Journal of yesterday's proceedings was read and approved. ernment sets the example of extravagance, it is soon followed in every walk of life, and one does not need to be a prophet to foretell ORDER OF BUSINESS. the general min which must inevitably result. Frugality and econ Mr. Dm"'NELL. I a.sk unanimous consent of the Honse that the omy never destroyed any government, while they have built up the Committee of the Whole on the state of the Union be discharged from most powerful empires the world has ever witnessed. the further consideration of the bill (H. R. No. 2415) to :fix the term So much for general statement. Revenue laws have been a sub of office of collectors of internal revenue, and that the same be con ject of discussion, agitation, and anxiety from the earliest days of sidered in the House at this time. It is theunanhnous report of the our political history. Indeed, Sabine, in his "Loyalists of the Amer Committee on Ways and Means, and is recommended by the Commis ican Revolution," states positively his convictions after careful study :sioner of Internal Revenue. of documentary history and state papers. that they "teach ·nothing Mr. KASSON. I am obliged-- more clearly than this, namely, that almost every matter brought into Mr. DUNNELL. Hear the bill read. discussion was practical, and in some form or other related to labor, Mr. KASSON. I am obliged, underthe promise made, to object to to some branch of common industry." He states further on there ..any business being done at this time in order that we may finish the were no less than twenty-nine laws which restricted and bound programme to-day in reference to the debate on the tariff-commission down colonial industry. bill. The mannei' of raising the necessary revenue for the support of the Mr. BURRO,VS, of Michigan. That is right. Government has been, as I have said, at all times in the United States 1\Ir. KASSON. I therefore move to dispense with the morning the cause of irritation to the people. And we neednot be surprised b.our. at this, when we consider the vast extent of our domain, and the Mr. ATKINS. I would inquire of the gentleman from Iowa [~Ir. almost endless diversity of productions of the soil, and of manufact KAsso~] if he expects to get a vote to-day on the tariff-commission ures, and every branch of human industry. bill' The existing overflowing Treasury brings a demand for reduction Mr. KASSON. That depends upon the gentleme~ who are to of the tariff and internal-revenue taxes. In my opinion, in such a .speak. , condition of our finances reduction of taxation should at once begin . ~Ir. TOWNSHEND, of Illinois. How many are to speak T Unnecessary taxation is injurious to the interests of the people in Mr. KASSON. There are three who are to speak to-day. many directions. Government has no justification for the collection Mr. TOWNSHEND, of Illinois. A number of gentlemen wish to of burdensome taxes in excess of the sum requisite for the support of know if there is to be a vote to-day. its proper administration. 'Vhat ha\e we seen in this Congress T Mr. KASSON. '!'here may be a vote this afternoon on the amend The excess of our resources has induced the presentation of every ments to the bill, if there is time enough. I wish to lose no time. conceivable scheme to deplete the Treasury, and our expenditures, Mr. TOWNSHEND, of Illinois. I think it had better be under unless checked in time, will 'reach enormous proportions ·and bring :Stood whether there will be a vote to-dav. back again, as prior to 1874, a saturnalia of extravagance an(l dis Mr. BURROWS, of Michigan. I can·±or the regular order. grace. 3646 CONGRESSIONAL RECORD- HOUSE. MAY 5, In the matter of taxation we are acting under a .written Constitu June 30, 1878, $134,463,452.15.. In the latter year no appropriations tion. "Congress shall have power to lay and collect taxes, duties, were made for rivers and harbors. The amount of appropriations for imposts and excises, to pay the debts and provide for the common these objects for the former year was about $5,000,000, so that a fair defense and general welfare of the United States." I need not enlarge average of the net ordinary expenses based on these two years would' upon on.rtraditionalhistory in this regard, and it will be accepted as be 142,000,000. Let us to this amount a.dd on account of interest true that only at periods o:( great necessity and urgency have excise or $61,000,000, and for sinking fund about $45,000,000 per annum, a enm internal taxes been resorted to. Our present internal-revenue sys which I deem sufficient in amount each year toward liquidation tem grew up out of the necessities of the war, and when those neces of the aggregate amount of the debt, and we have a gross sum of sities cease that taxation should disappear. When the framers of the expenditure of $248,000,000. Constitution granted the power to impose excise duties it was a point There will equitably stand to the credit of the sinking fund for thQ> of serioug dispute and was agreed to finally only as a resort in case year ending June 30, 1883 taking the bonds already called for pay the Government should be involved in war, and not to be exercised ment up to July 1, 1882, $40,423,700. The sinking fund for the cur as a permanent mode of raising revenue. rent fiscal year and aiTeara~es for prior years were fully provided I will not enlarge upon this; I believe it to be incontrovertible, how for by calls which matured .&larch 13 last and prior to that date. ever men may··c·hange sides because of other considerations affecting The bonds in calls maturing from that date to J nne 30 next are not other' questions jtand I do not forget that Thomas Jefferson, the au applied to the sinking fund, because it is full. While the bonds in thor of the Declaration of Independence and the founder of the Dem cluded in calls maturmg from March 13 to June 30, being calls 108 t() ocratic party, brought. about the repeal of internal or excise taxes as 112 and part of the one hundred and seventh, amounting to 40,423,700, one of thE} very first acts of his administration as President of the are not applied to the .sinking fund, yet as arrearages have been in United States. . the years past continued to be counted on book accounts there is n() I favor, therefore, as speedily as possible, a total abolition of our reason why the payment of our bonds in excess of the legal require internal-revenue system, and I am ready to join hands with any and ments of the sinking fund should not equitably be credited, thus pro all in this House in favor of an equalization of Olll' duties on imports. tecting us against a deficiency in the event that the internal taxes are No one who understands the existing tariff laws will deny the jus largely reduced or altogether abolished. tice and necessity of revision. The present duties were for the most In my opinion$75,000,000ofpayment on account of current pensions part levied during war and for the purpose of raising a large war and arrears is as much each year as can be safely made with dne pro revenue. It will suffice in this connection to quote the Industrial tection against frauds. Until the arrears :ne all paid-say 45,000,000 League as unanswerable in this regard, as it is an admission on the per year m addition to appropriations of years 1877-'78._we might be part of those who favor the highest pr9tective duties: required to continue the tax on whisky, say at 50 cents per gallon, or we could encroach upon and reduce our now excessive unemployed They consider such revision des~rable for the intereets both of the indwtries affect.ed and those of consumers, partly on account of some original imperfections balance in the Treasury. Admitting there might be a moderate in the present tariff, and partly on account of the modifications which are de deficiency, we have-to mee.t such deficiency-now in the Treasury manded by the changes whi-ch have occ=ed in conditioni of production and com $136,000,000 above and beyond every claim on the Government merce. dollar for dollar. There should be, however, no vicious assault on these laws. Changes It is thus made plain that with economical expenditures and should have a firm foundation in eason, and especially should we reduced appropriatioilll for the year we are fully provided. a. void mere experimental and purely speculative efforts on this vital .A.s I have already said, a heavy reduction or the abolition of inter subject. 0lll' excess of revenue now approaches in amount the .an nal taxes would compel immediate revision of our tariff law . How nual receipts from interna~ or excise taxes. If proper economy be that can be done with most expedition is the question which most exerci.sed in expenditures they-can· be made to be within the limits directly concerns us. of our ordinary r·esouices o(-taxatwn, enabling us without jar or I do not favor a tariff enacted upon the ground of protection sim friction to repeal internaf-tar laws, which are mquisitorial and of ply for the sake of protection, because I doubt the existence of any fensive in.. the highest degree. These taxes reach vexatiougly every ' constitutional warrant for any such construction or the grant of any citizen in his bueiness, in his household, and in the affairs of every such power. It would manifestly be in the nature of class legisla day life until they have become almost unendurable. There is no tion, and to such legislation, favoring ·one class at the expen e of longer an excuse, iJl my opinion, for their continuance. any other, I have always been oppoRed. The objection to direct taxes is equally strong to internal taxes; In my judgment this question of free trade will not arise practi and either or both are justified only by stern necessity. They are cally in this country during our lives, if ever, so long as we continue irritating and dangerous, and internal-revenue taxes entail upon us to raise revenue by duties on imports, and therefore the discussion the keeprng up, as at present, somewhere near five thousand officers of that principle is an absolute waste of time. .After our public debt engagedin their collection, distributed in every county of every State, ispaidinfull our expenditures can hardly be much below $200,000JOOO, tainting, as we know, the source of all power in this Republic, the and if this is levied in a business-like and intelligent mariner it will elections of the people. Who favors direct tax f No one; and if the afford adequate protection to every industrial interest in the United internal taxes were not now imposed by law, is there a man who States. The assertion that the Constitution permits the levying of would risk his political future by asking that the system 111hould be duties in favor of protection "for ihe sake of protection" is equally put into operation f I sincerely believe that there is not a man. uncalled for and unnecessary. Both are alike delusory and not in I did hope when this Congress assembled that before the adjourn volved in any practical administrative policy. If brought to the ment of this session a very large reduction of internal taxation would test I believe neither would stand for a day. Prot.ection for the sake have resulted from our labors. The Committee on Ways andl1eans of protection is prohibition pure and simple of importation, and if seemed to favor a reduction of $70,000,000, but the fiat of a Repub there be no importation there will be no duties collected, and con lican Con~essional caucus overruled that good intent. Thus the ma sequently no revenue, leaving the necessary expenses of the Govern jority of tne Representatives in this House of one political party, and ment to be collected by direct taxes-for internal taxes would ll:lter of a party representing a doubtful majority of the people even at the fere with the protective principle, and when the people were gen time of its election, regulates the current of l'emediallegislation, and erally asked to bear the burden of heavy taxation to sustain class in this instance on a subject which should be non-partisan. Thus the legislation and the interests of a portion of our people at the ex:pena& opportunity of relieving our tax-annoyed and tax-burdened constit- of the great bulk of our population th~re would be ·an emphatic and nentR may be lost. . conclusive negative. So, too, with free trade, there is hardly a man The reduction as now'recommended by the Committee on Ways in public life who a.dvoeates it pure and simple. Nobody wants di and Means reaches in great. part those most able to pa.y, leaving rect taxation, although it would bring taxation so near and so con the great body of consumers without relief. How long the latter stantly before the people that Congress would hesitate long before will permit this state of things to continue will probably be deter it voted the sums of money it now does, if not for improper, at lea2t mined at our next Congressional elections. With the repeal of in for questionable purposes. ternal or excise taxes will come a resort exclusively to duties on Let me cull a few sentences from recent debates to show the feel- imports M the main supply of our resources, and I maintain if our in(J' on this subject. expenditures be kept within just and reasonable bounds we can from :Rx-Governor Hendricks eays: this source derive adequate revenue for the administration of the .A horizontal tariff is impossible. Government in all its constitutional and legitimate functions. Senator JAMEs B. BECK says: The estimates for the fiscal year ending Jtme 30, 1883, of tbe Nobody asks or expects this Congress to establish free trade, or tear down ens amount to be raised from duties on imports 18 217,000,000, and from tom-houses. * * * In adjustin~ taxation on import8 with a view only to ob all other sources, leaving out internal taxes, $30,000,000; so that tain revenue or "for revenue only,' we never thou~ht of discriminating against the total abolition of excise taxes would still leave to the Govern- .American industries, or of depriving them of the inc1dental benefits or protection ment in the neighborhood of 250,000,000. · a proper revenue tariff would afford. It must be recollected, however, that while our current annual pay Senator BAYARD says: ment of interest on the public debt has been reduced to $61,000,000, The power to ta.x by layin,~t duties npon imposts may be so exercised as to d0o (which willcontinuetodecrease,) yet there will be a greater increase what it has done ever since the foundation of the Government, and that is to give an advantage equivalent to the amount of the tax to the .American producer ar in liabilities on account of pensions. Taking the years ending June manufacturer over his foreign competitors in the same line of production or manu 30, 18i7 and 1878, ai a criterion, this amount of receipts woulu still, facture, and this becomes his protection. · with prudence and frugality, leave a lolufficient revenue. Let me re capitulate: the net ordinary expenditures for year ending June 30, Senator W.Q.LI.A.Ms, of Kentucky, sayli: 1877, $144,209,963.28; the net ordinary expenditures for year ending Nobody is for :free trade just now. 1882. CONGRESSIONAL RECORD-HOUSE. 3647 -·· Senator COKE, of Texas, says : - Self-interest controls the world, however much men may turn :fine AI! an inevitable consequence domestic manufacturers and producers of the periods and grow eloquent in swelling sentences about abstractions; articles upon which such revenue impost duties are laid are to that extent pro and while men will suffer patiently and yield willingly to stern ne tected against foreign competition.. cessity, they will not submit quietly to what is causelessly and idly Mr. CARLISLE, of Kentucky, in substance reiterates these senti to their loss and annoyance. ments. So they all say, with rare exception. The real question which When every element which can enter into tariff revision is known;: is presented and in controversy is the revision of taxes, so we may when every interest, large and small, is scanned and measured; hold the control of the markets of the world for the benefit of our when proper objects of taxation are reached and adjusted in their· excess of productions over the home consumption. proper relations; when those items are eliminated which only em I favor what Mr. Jefferson declared to be "discriminating duties," barrass and produce confusion, then indeed tariff legislation is made· what General Jackson described as "a judicious. tariff," and what easy and sure and of happiest consequences. Silas Wright designated as "incidental protection." To accomplish The charge that we are improperly parting with our constitutional these ends wisely and well requires the greatest circumspection and functions in the passage of this bill is invalid and should have no the exercise of the most careful judgment. influence upon our deliberations and action. I favor a commission" to take into consideration and to thoroughly The duties delegated to the commission do not extend beyond the investigate all the various questions relating to the agricultur The Democratic convention of 18G4, at Saint Louis, on August 29, An act (H. R. No. 4680) to repeal the discriminating dutie ou passed no tariff resolution. goods produced ea t of the Cape of Good Hope; The Democratic platform of 1 68, in New York City, has the follow An act (H. R. No. 5352) to amend the laws with reference to elec ing resolution: tions in West Virginia; and And a tariff for revenue upon foreign imports and such equal taxation under An act (H. R. No. 5908) making an immediate appropriation for the internal-revenue laws as will afford incidental ~rotection to domestic manu the removal of obstructions at Hell Gate, New York. factures, and as will, without impahingthe revenue, unpose the least burden upon and best promote and encourage the great industrial interests of the country. MESSAGE FR0:\1 THE SEXATE. The national Democratic convention of Baltimore, Jnly 9, 1872, A message from the Senate, by l!Ir. SYMPSON, one of its clerks, in resolved as follows : formed the House that the Senate had passed bills of the following titles, in which the concurrence of the Honse was requested: We demand a system of Federal taxation which shall not unnecessarily inter fere with the industry of the people, and which shall provide the means necessary A bill (S. No. 124) for the relief of Hadley Hobson; to pay the expenses of the Government, economically administered; the pensions, A bill (S. No. 263) to submit to the Court of Claims the petition of the interest on the public debt, and a. moderate reduction annually of the princi George W. Plant for damages done to the steamer Lady of the Lake ]>nl thereof; and recognizing that there are in our midst honest but irreconcilable by collision with the United States steamer Gettysburgh; differences of opinion with regard to the respective systems of protection and free trade, we remit the discus ion of the subject to the people of their Congres A bill (S. No. 595) for the relief of Louis A. Van Hoffman and sional districts and to the decision of the Congre s thereon wholly free from William A. Mertens, under the firm name ofL. Van Hoffman & Co., .Executive interference or dictation. and William H. Newman; The Saint Louis convention of 1 i6 declared as follows: · A bill (S. No. 746) for the relief of B. B. Taylor; A bill (S. No. 1128) to authorize the Secretary of State to allow for Reform is neces ary in the sum and mode of Fed&al taxation, to the end that -eapital may be set free from distrust and labor lightly burdened. expenditures within named to James Rea, late consul at Belfast, We denounce the present tariff levied upon nearly 4,000 articles as a monster Ireland; :J>iece of injustice, inequality, Mld false pretense. It yields ad windling, not a yearly A bill (S. No. 1472) for the relief of Julia A. Nutt, widow and ·rising revenue; it has impoverished many industries to subsidize a few; it pro executrix ofHn,ller Nutt, deceased; and 1 hibits imports that might purchase the products of American labor; it has de graded American commerce from the first to an inferior rank on the high seas; A bill (S. No. 1483) for the relief of Guy V. Henry. it has cut down the sales of American manufacturers at home and abroad and de TARIFF-COMMISSION. pleted the returns of American agriculture and industry followed by half our peo ple; it costs the people five times more than it produces to the Treasury, obstructs The Committee of the Whole resumed its session. the processes of production~_and wastes the fruits of labor; it promotes fraud, Mr. KELLEY addressed the committee. [See Appendix.] fosters smuggling, enriches aishonest officials, and bankrupts honest merchants. Mr. KASSON. !move that the committee rise. We demand that all custom-housE' taxation shall be only for revenue. l!Ir. TOWNSHEND, of illinois. Before the committee rises, I de The platform of 1880 at Cincinnati declared "for revenue only." sire to inquire of the gentleman from Iowa to what extent he pro These utterances of the Democratic party, assembled from all parts poses to admit amendments to be offered. of the United States in national convention, teach their own lesson Mr. KASSON. I think that can best be settled in the House. to the present generation and need no commentary at my hands. It The motion of Mr. KASSON was agreed to. will not do for any public man to narrow his mind on such a mo The committee accordingly rose, and the Speaker having resumed mentous question as that which affects not only the integrity ofthe the chair, l!Ir. ROBINSON, of ltfa sachusetts, reported that the Com Government, but brightens or darkens the home of every citizen mittee of the Whole House on the state of the Union, having had just as we shall legislate. Speculative philosophers have contrived under consideration the bill(H. R. No. 2315)providingforthe appoint the most fascinating forms of go\erumcnt, but wherever they have ment of a commission to investigate the question of the tariff and been subjected to the touch-stone of practical operation they have internal-revenue laws, had come to no resolution thereon. gone most shamefully to pieces. It will not do for men to say, I have l!Ir. KASSON. I move that the Honse again resolve itself into laid down this theoretical landmark and you must not go beyondi~. Committee of the Whole Honse on the state of the Union to consider the special order. Pending that motion I move that all debate upon There;s a divinity that shapes our ends, Rough-hew them how we will. the bill and amendments that may be offered be closed in one minute after going into Committee of the Whole. If Canute had not moved his chair upon the sea-shore the incoming Mr. RANDALL. Let us understand that motion. Of course it : tide would have overwhelmed him and hi weak advisers under the does not cut off amendments. mighty waves of the sea. The SPEAKER. As the Chair understands, it has no relation to We are no longer a few scattered, isolated colonies of three mill anything except closin(J' the general debate. iop.s of people, hugging the coast from Massaschusetts to Georgia. Mr. KASSON. I go furlher. After conversation with gentlemen In 1880 we were a unjted nation of fifty millions of inhabitants, with on both sides of the House I desire this motion to cover the entire industries of the greatest diversity, and grown to such size and debate, leaving gentlemen free to offer their amendments, so that power as to contest the markets of the world, and with a military we may at once proceed to vote. prestige that has surprised and kept in awe the most warlike nations. The SPEAKER. The Chair did not so understand. The motion, In the year 1903 we are told that, according to the ordinary rate as the gentleman now explains, is to close all debate in one minute. ·Of increase, we will have one hundred millions of people. Is there Mr. TOWNSHEND, of illinois. AU general debate. any human mind that can foresee all the possibilities of· a free re The SPEAKER. All debate, as the Chair now understands from public of such vast proportions, leading the coming century in wise the gentleman from Iowa. legislation¥ Is there one so foolhardy who will stand up and say Mr. RANDALL. I o understood the gentleman at first. he knows all about it, and that the wondrous ways of God shall bend The SPEAKER. The Chair has corrected its statement of the mo to his peremptory dictation 'f If there be, he can vote against this tion of the gentleman. bill. [Great applause.) Mr. RANDALL. I only want to say to the gentleman from Iowa Mr. Rll.TDALL1 upon concluding his speechy yielded to Mr. WmT that there ought to be a few minutes-say two, or three, or five 'THOR::XE and Ml'. CURTL."<. allowed for debate on each amendment pro and con. I make thi Mr. WHITTHORNE, Mr. CURTIN, and Mr. TUCKER severally suggestion with no purpose of delay whatever. It is only just to the ..addressed the committee. [See Appendix.] subject-matter of the amendments. [Before Mr. TGCKER concluded, the hammer fell. Mr. KASSON. If that be the desire on that side, as' it has been my The CHAIRMAN. The time of the gentleman ha.s expired. purpose, and the gentleman is aware of my purpose, as we di cussed Mr. KELLEY. I move that the gentleman's time be extended. this thing in advance-- The CHAIRMAN. Does the gentleman from Pennsylvania desire Mr. RANDALL. There will be no effort for delay on this siue. to fix any time 'f Mr. KASSON. If that be the desire on the other side of the House, Mr. KELLEY. No, I do not ~esh·e to fix a time. I move that it then I am ready to accommodate gentlemen by modifying my propo .be extended not to exceed one hour. sition so that there shall be on each substantive amendment, not in The motion was agreed to. . cluding amendments to amendments or merely proforma amendment , 1\fr. TuCKER resumed and concluded his remarks.] a. debate limited to five minutes on either side. The committee rose informally, and the Speakerresumed the chair. Mr. SPRINGER. The rule provides for that. l'I:IESSAGE FR0:\1 TllE PRESIDENT. The SPEAKER. The gentleman fromlowamove that the Hou e resolve itself into the Committee of the Whole on the state of the A message in writing from the Pre ident of the United States was Union, and pending that motion moves that all debate on the bill rcommunicated to the House, by Mr. PRUDEN, his Secretary; who also and amendments which may be offered thereto may be limited to informed the Honse that the President had approved and signed bills one minute, except that on substanti\e amendments there shall be -of the following titles: five minutes on either ide. An act (H. R. No. 1014) for the relief of Joseph L. Stevens; Mr. SPRL.~GER. I object. That is provided for in the rules now. An act (H. R. No. 1049) to promote the efficiency of the Life-Saving Mr. KASSON. The rules now provide that there may be debate Service and to encourage the savin(J' of life from shipwreck; on p1·o jornw, amendmen while my proposition is that there shall An act (H. R. No. 1712) for the rclief of Chaplain M. J. Kelley and be only on substantive"lUnendments five minutes on either side. others; Mr. SPRINGER. Tt rule governs all but the closing of general An act (H. R. No. 3548) making 'appropriations for the service of debate, and the point I make is that thex-e can be no amendment of the Post-Office Departmt>nt for the fiscal year ending J nne 30, 1 3, the rules in that respect without unanimous consent. .and for o_ther purpo e ; ·· The SPEAKER. The Chair thinks that under the rule at any ' :• 1882. CONGRESSIONAL RECORD-HOUSE. 3649 time prior to entering on the consideration of the bill under the five l\Ir. RANDALL. I offer the amendment I send to the desk. minute rule the five minutes' debate cannot be limited unless by The Clerk read as follows : unanimous consent. All general debate can be closed as it is pro Add to the end of section 1 the followin~ : · posed by the gentleman from Iowa without unanimous consent. "Two of whom shaH be members ofthe Senate, and be appointed by the Presi l\Ir. KASSON. I want the five :mi.llutes' debate also to be closed by dent pro tempore of that body; three of whom shall be members of the Hou.~e of Representatives, and be appointed by the Speaker of the House ; and four of whom unanimous consent. shall be from civil life, and be appointed by the President of the United. States, The SPEAKER. The gentleman from Illinois objects. by and with the advice and consent of the Senate." Mr. RA~DALL. The rule will not permit us to cut off the five .Also, strike out lines 1, 2, and 3, and the first seven words in line 4 of section 2. minutes' debate on amendments offered until we have entered on that Mr. RANDALL. I will reserve the five minutes allowed for de- five minutes' d6bate. bate upon this amendment. The SPEAKER. The Chair understands the rule in the same way. 1\Ir. KASSON. I move that the committee do now rise. Mr. SPRINGER. I object to any modification of the rule at this The motion was agreed to. time. The committee accordingly rose, and the Speaker having resumed The SPEAKER. The gentleman from Iowa moves that when the the chair, 1\Ir. ROBINSO~, of Massachusetts, reported that the Com House resolves itself into the Committee of the Whole on the state mittee of the Whole on the state of the Union, having had under of the Union all general debate shall be limited to one minute. That further consideration the tariff-commission bill, had come to no reso motion is in order and is the one now pending. lution thereon. Mr. KASSON. I ask that all debate be limited to five minutes on Mr. KASSON. I move that when the House next resolves itself each side of any su._bstantive amendment, not including pro form,a into Committee of the Whole on the state of the Union on the tariff amendments. commission bill all debate upon the bill and pending amendments The SPEAKER. The Chair will again put the question to the be limited to five minutes. House. Is there objection f l\Ir. SPRINGER. I object to that. Mr. SPRINGER. Yes; I object, The SPEAKER. The Chair understood that an arrangement had Mr. KASSON. I hope the gentleman will not insist on his objec been arrived at which met the views of the gentleman from Iowa, tion, as that is only fair and meets the wishes of the other gentlemen that debate should be allowecl on substantive amendments for five of the Ways and Means Committee. minutes on each side. Mr. SPRINGER. There .is no disposition to filibuster or delay ac Mr. KASSON. I was under the impression that gentlemen on the tion on this billz but if we desire, when we have entered into five other side desired to offer only the one amendment which is pending. / minutes' discussiOn, a longer time, we ought to have it, as the rules l\Ir. SPRINGER. No, there are other amendments to be offered.·, provide. l\Ir. KASSON. Then of course under the arrangement the debate Mr. BLACKBURN. I call the attention of the gentleman from would proceed in Committee of the Whole for five minutes for and Illinois to the fact that the minority of the Committee on Ways and against each substantive amendment which may properly be pre Means do not object to this or a.sk any further debate. sented. Now, if gentlemen have other amendments they desire to Mr. SPRINGER. But I have a ri~ht to object, and I do object. offer, I would suggest that they be printed in the RECORD for infor Mr. BLACKBURN. No one questiOns the gentlemanrs right. mation. 1\fr. SPRINGER. I wish to offer amendments, and I wish to ha-.e Mr. CARLISLE. I was about to suggest to the gentleman to allow the opportunity under the five-minute rule to debate them. all amendments to be printed in the RECORD. Mr. BLACKBURN. You have it under the arrangement proposed 1tlr. KASSON. I hope that will be done for information. I do not by the gentleman from Iowa. want any misunderstanding in reference to these amendments. It l\Ir. SPRINGER. The rule provides for it. is understood they are printed only for reference, not to be consid •Mr. KASSON. I wish to corroborate the statement of the gentle ered as pending amendments. man from Kentucky, that my proposition is acceptable to all the The SPEAKER. The Chair does not consider them as pending, members of the Committee on Ways and Means. The House must but printed only forinformation. have obserred I have tried in every way to accommodate myself to Mr. McLANE submitted the following proposed amendment: the wishes of our friends on the other side. I think the proposition To recommit with instructions to report a bill for the repeal of all internal I have submitted is a fair one and ought not to be objected to. revenue taxation except the tax on spirits, fermented liquors, and tobacco, and for l\Ir. SPRINGER. The rules provide for five-minute debate, and the reduction of the tax on whisky to fiftv cents per gallon and for the reduction that is all I ask for. of the tax on fermented liquors and tooacco 10 per cent. per annum until the same shall cease absolutel:y, and that the .President is hereby authorized and re The SPEAKER. Does the gentleman object to the proposition f quired to reduce the clencal force now employed in the collection of internal Mr. SPRINGER. I do not object to a proposition that there shall revenue to the extent which in his judgment can be effected without prejudice to be five minutes' debate on either side, as that is all I have asked for. the public interests, and with the further instruction to report a bill reducing all The SPEAKER. The proposition of the gentleman from Iowa is existing dnties on imports to a maximum revenue standard. that debate under the five-minute rule shall be limited tofiveminutes 1\fr. SPRL~GER. I give notice that at the proper time I will offer on either side of a substantive amendment. Is there objection Y the following amendment to the tariff-commission bill, namely : Mr. BLACKBURN. That is all we have asked for. Amend the third section by adding thereto the followin~ : Mr. KASSON. The intention was to cut off debate on pm forrna "The President shall appoint as members of said conuru.ssion well recognized amendments. rel?resentatives of the vanous interests of the country as follows : 'Four commissioners to represent agricultural interests. '!'he SPEAKER. The Chair hears no objection, and it is ordered " One commissioner to represent the persons employed in the building and accordingly. operating of railroa~s. l\Ir. KASSON. I now move the House resolve iilself into the Com " One commissioner to represent the persons employed in the manufacture of mittee of the Whole on the state of the Union. iron and steel and of cotton and woolen goods. " One commissioner to represent the manufa.cturers of such goods. Mr. TURNER, of Kentucky. I object to the proposition of the "One commissioner to represent the persons employed in other mechanical gentleman from Iowa. occupations. The SPEAKER. 7'he gentleman's obj~ction comes too late. "One commissioner to represent the manufacturers of agricultural implements, Mr. BROWNE. I desire to call attention to the fact that at· half stoves, and the varions kinds of machinery." past four o'clock there is to be a recess until half-past seven, by a APPROPRIATIO:N ·FOR FUEL1 LIGHTS, ETC. special order of the House, the evening session to be devoted to the Mr. IDSCOCK. I am instructed by the Committee on Appropria-. consideration of pension and otheP bills provided for in the order. tiona to present the joint resolution which I send to the desk, and , Mr. KASSON. Could not that order be waived for 'this afternoon ask that the same be printed in the RECORD and also in the usual by substituting another evening f form, as I hope to call it up for consideration to-morrow morning. Mr. BROWNE. It is important that the order of the House shall The SPEAKER. The joint resolution will be read. be executed. The Clerk read as follows : Mr. RANDALL. The gentleman.from Iowa now has the bill in Joint resolution (H. R. No. 204) making an appropriation for fuel, lights, water, such. situation that the recess will not interfere with it. It will come &c., for the fiscal year 1882, and-for other purposes. up for consideration hereafter, with the same privile~es it now haa. Resolved by the Senate amd House of Representatives of the United States of America The SPEAKER. Does the gentleman from Iowa lDBist upon the in Oongress assembled, That to supply a deficiency in the appropriation for fuel, motion to go into Committee of the Whole on the state of the Union 7 lights, water, and miscellaneous items required in the proper care of all the pub lio buildings under control of the Treasury Department, the sum of $60,009 i3 Mr. KASSON. I do insist upon it. I renew the motion. hereby appropriated, out of any money in the Trea-sury not otherwise appropriated, The motion was agreed to. -.. for the service of the fiscal year ending June 30, 188"2. The House accordingly resolved itself into Committee of the Whole For contingent expenses of the office•of the Secretary of War, such as blank on the state of the Union, Mr. ROBINSON, of Massachusetts, in the books, stationery, labor, books, maps, gas, and miscellaneous items, $2,000. For contingent expenses of the office of the Adjutant-General of the Army, such chair. as fuel and gas, ice, office furniture, painting, glazing, and plumbing, and repairs The CHAIRMAN. The House is now in Committee of the Whole for building numbered 1725 F street northwest, $500. en the state of the Union for the further consideration of the tariff That the commissioners of the District of Columbia may apply the amounts commission bill. By order of the House all general debate upon the appropriated for the payment of the salaries of teachers of public schools for the present fiscal year in conformity with the schedule of salaries recommended by bill is limited to one minute. ., the board of trustees of public schools, and approved by the commissioners, and ·Mr. KASSON. Let the first section of the bill be read. under which the teachers for the present fiscal year were appointe ORDER OF BUSINESS. was severely wounded. He continued to serve with General Palmer The SPEAKER. The Chair will state that the gentleman from in that campaign from that time down to September 16, 1862, when Michigan, Mr. BuRRows, will preside at the evening session of to he was ordered by the War Department home to recruit a regiment, day. ·The hour ofhalfpastfour o'clock having now arrived, the Chair, a~d he did go home and recruited a regiment of cavalry. in obedience to the previous order of the House, declares the House In 1879 Congress by a special act granted Colonel Morrison a pen in recess until seven o'clock and thirty minutes p. m. to-day. sion, which of course dated from February 7, 1879, the date of the passage of the act. This bill is brought to grant him the same pen sion from June 25, 1862, the day he was wounded, down to the time EVENING SESSION. that that law gave him a pension. It gives him the same pension. The recess having expired, the House (at seven o'clock and thirty he would be entitled to if he had been a regularly-enlisted man. minutes p. m.)reassembled, 1\Ir. BURRows, of Michigan, in the chair That is all there is of this case. Colonel :Morrison would not go as Speaker pro tempo,·e. home when his time expired, but remained there w1th us upon the Mr. JOYCE. I move tha.t the House take a further recess of ten Peninsula, and fought through that campaign down to the 16th oi minutes. September, 1862, the day of the battle of Antietam, or within a day The motion was agreed to. of that battle, and then he was ordered home to recruit the regiment AFTER THE RECESS. I have spoken of. This bill is nothing but an a-ct of justice to that gallant officer. I The House reassembled at seven o'clock and forty minutes p. m. know Colonell\Iorrison, and have known him for years; and I not The SPEAKER p1·o tempore. The Clerk will read the order under only know him as a gentleman, but I know he was a brave soldier. which this session is held. And in view of the fact that he remained with that command during: The Clerk read as follows: that time without being mustered in, and not -only that, but fur .Resolved, That until the further order of the House, on Friday of each week the nished his own horse and his own eqnipments during that time, I House shall take a recess at 4.30 o'clock until 7.30 o'clock, at which evening ses· sions bills on the Private Calendar reported from the Committees on Invalid Pen· say this is nothing but an act of justice. If I remember aright, Mr. sions and Pensions only shall be cons1dered. .April14, 1882, amended, on motion Chairman, the Committee on Invalid Pensions would have granted! of Mr. JOYCE, so as to include the consideration of bills granting condemned can· this officer the pension that he asked for had it not been for the fact.' non, not to interfere with bills above named: Provided., That general debate shall be in order at such sessions, not to interfere with said bills. that a rule had been established to grant arrearages of pension. Mr. MATSON. Did he serve without pay 'I 1\Ir. BROWNE. :Mr. Speaker, I move thattheHouseresolveitself Mr. JOYCE. He served without pay during the time I have into the Committee of the Whole Rouse on the Private Calendar. spoken of, from the early.part of May, 1862, down to the 16th of The motion was agreed to. September. I do not trunk any gentleman on the committee will The House accordingly resolved itself into the Committee of the have any objection to grantin~ Colonel Morri~on this pension, which Whole House on the Private Calendar, Mr. BRIGGS in the chair. it seems to me he is most justly entitled to. Mr. VAN VOORHIS. Is it a bill to grant arrears f PRIVATE CALENDAR. Mr. JOYCE. It is in the nature of arrears not to the present time The CHAIRMAN. The House is now in Committee of the Whole but only to 1879. House on the Private Calendar for the purpose of considering bills lli. BROWNE. I do not doubt the gallantry of Colonel Morrison. under the special assignment of business heretofore made by the But to grant this pension will be against the report of the commit House for this evening's session. tee of which I have the honor to be chairman, and I must support ORDER OF BUSI~~SS. the action of the committee and object to the consideration of this. bill, unless it can be done by a quorum of the House. Mr. BROWNE. As there are some five or six invalid pension cases The CHAIRMAN. If there is no objection, the bill will be passedJ on the Calendar to which objections have been made heretofore, I over informally. Is that satisfactory to thE\, gentleman from Ver ask that the committee by unanimous consent commence the consid mont! eration of causes at House bill No. 1442, at page 37 of the Calendar, Mr. JOYCE. No, it is not satisfactory to me, because I think the· the ca-se of William Rickards. bill ought to pass. Mr. BEACH. I ask the gentleman from Indiana to so modify his request as to permit taking up for immediate consideration the sec lli. BRIGGS. Does the gentleman from Vermont desire a vote· ond bill on page 36. This bill was laid over the other night on ob npon the bill f 1\Ir. JOYCE. Not at all; that would be useless. There are only jection from the gentleman from Indiana [Mr. HoLMAN] now absent, about a dozen members in the House. under a misapprehension. It will take no time. A bare statement ofthe fa-cts will show it is a very meritorious bill, and I think it will The bill was then passed over informally. require no argument or discussion. ORDER OF BUSINESS. Mr. BROWNE. I have no objection to that bill being taken up if The next pension bill on the Calendar was the bill (H. R. No. 1218)• such be the disposition of the committee. for the relief of the widows of John R. Gale, Spencer D. Gray, Lemuel Mr. JOYCE. There is one case on the Calendar previous to that, Griggs, Malachi J. Brumsey, I. Munden, Lewis ·white, and George> to which I would like to get the attention of the committee for about W. Wilson, of North Carolina. a minute. It is on the twenty-third page, the second bill from the Mr. BROWNE. This is one of the oases that I must ask to be top. I can state the facts connected with it in a moment. passed over informally. 1\Ir. BROWNE. In order to obviate the necessity of having a mul Mr. LATHAM. There ha-s already been passed by both Houses oi titude of motions of this kind I withdraw my proposition. Con~ess a bill for the benefit of persons of the Life-Saving Service, Mr. McMILLIN. I hope the gentleman from Indiana will not do and1t only requires the signature of the President to become a law. ' that, because there are cases on which there will certainly be con In view of the fact that this bill proposes to give these persons troversy. much less than is contemplated to be given to persons in the Life 1\Ir. BROWNE. I withdraw the motion, with the distinct under Saving Service in the future, surely there can be now no objection standing that I will ask that cases likely to cause discussion be to its passage. The bill already passed both Houses does not cover· :passed over when we reach them. · the cases of these particular persons. That bill proposes to give in Mr. JOYCE. After I have made a very brief statement, if any the future to persons disabled in the Life-Saving Service one year's. in ember of the committee objects to the bill I have indicated I will full pay, and in some cases two years' pay. This bill proposes merely let it go over. to give to these persons a pension equal to that given to seamen in ANDREW J, MORRISON. the Navy, $8 a month. I would like very much to have this bill. The CHAIRMAN. The Clerk will read the title of the first pen- passed to-night if possible. sion bill on the Calendar. Mr. BROWNE. I will state to my friend from North Carolina [.Ur. The Clerk read as follows: LATHAM] that! am personally in favor of this bill, and the Commit .A bill (H. R. No. 2142) granting arrearages of pension to .Andrew J. Morrison . tee on Invalid Pensions reported favorably upon it. But it is use .Adverse. less to call it up to-night; it cannot be passed under the circum-· Mr. JOYCE. This bill provides as follows: stances, :;md will simply interrupt and delay the other busines~:~ oi That the pension authorized for Andrew J. Morrison by the act of Conaress ap· the evening. I hope, therefore, there will be no objection to its. Jlroved February 7, 1879, shall commence from the date of the disability for which being passed over informally. the same was a.ut.horized, in the same manner as if said pension had been allowed The bill was accordingly passed over informally. and authorized by the general laws regulating pensions. The next pension business on the Calendar wa-s the bill (H. R. No. I will not stop to read the report which I hold in my hand, but will 1976) granting a pension to the minor children of Aaron Sheridan, me1·ely state that Colonel Morrison enlisted in the Army, went into deceased. , the service, and served until the spring of 1862, when the time of the The CHAIRMAN. That is one of the bills which was passed over command towhlch he belonged expired. Hewasthenon the Penin informally the other evening, and the Chair supposes that it will take sula with the Army of the Potomac. I think it was about the 1st of the same course this evening. May 1hat his time expired. There was no objection, and the bill was passed over info~mally~ Rather than leave the service and go home Colonel Morrison con The next pension business on the Calendar was the bill (H. R. No. tinued in the service. Without being mustered in or without a com 1736) granting a pension to Horace S. Spear. rirission he was a volunteer :iid upon the staff of General Palmer, and Mr. MATSON. For the purpose of getting this bill off the Calen served in the Peninsula campaign until the 25th of June, when he dar, and I think, perhaps, with the full consent of the gentleman • 1882. CONGRESSIONAL RECORD- HOUSE. 3651 from Vermont [Mr. JOYCE] who reported it, I will move to strike ALBEP..T 0. }fiLLER. out the enacting clause. The next pension business on the Calendar was the bill (H. R. No. Mr. JOYCE. What bill is that f 1543) granting a pension to Albert 0. Miller. Mr. MATSON. The Spear case. The bill was read, as follows : Mr. JOYCE. I wish the committee would pass that over inform- Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, author ally. ized and directed to place on the pension·roll, subject to the provisions and limita Mr. MATSON. Very well; I will withdraw my motion. tions of the pension laws, the name of Albert 0. Miller, late a seaman on board the The bill was accordingly passed over informally. United States steamship Bienville, and pay him a pension at. the rate of $50 per The next pension business on the Calendar was the bill (H. R. No. month from and after the passage of this act. 2328) granting a pension to Joseph R. Bell!iamin; reported unfavor The amendment recommended by the committee, to strike out at ably from the Committee of the Whole and recommitted to the com the end of the bill the words ' 1 and pay him a pension at the rate of mittee. $50 per month from and after the passage of this. act," was agreed to: Mr. BROWNE. I will move to pass over informally all the pension Mr. McMILLIN. Let the report be read. bills down to House bill No. 1147, on page 36ofthe Calendar, grant The report was read, as follows : ing a pension to Elizabeth Vernor Henry. The committee have duly considered House bill No. 1543, and report that they There was no objection. find the facts as set forth in report made in this case in the Forty·sixth Congress, as follows : . ELIZABETH VERNOR HENRY. "That Albert 0. Miller enlisted as a. seaman in the United States Navy on the 23d day of September, 1864 ; that on the 15th dA.y of January, 1865, while in such The next bill considered by the Committee of the Whole was the service and in line of dnty, he participated in the capture of Fort Fisher; that bill (H. R. No. 1147) granting a pension to Elizabeth Vernor Henry, after the capture of the fort the boats from which he and others had disembarked which had been amended at the former session of the Committee o_ were found beached and partly ftlled with sand and water; that an attempt was made to bail the boats and prepare them for use, in which said Miller became the Whole to read as follows : drenched with the surf, and that he remained on the beach all night thoroughly Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, an· wet by the exposure; that in consequence he suffered a severe atta{}k of neuralgia thorized and directed to p!Me on the pension·roll, subject to the provisions and and rheumatism, and that he has since suffered continuously from such rheuma limitations of the pension laws, the name of Elizabeth Vernor Henry..!~orphan sis· tism so contracted up to the present time; that his _:physical condition is now such ter of the late Commander Edmund W. Henry, of the United States ~avy, and to by reason of said disease that he requires the r~gular aid and assistance of some pay her a pension of $25 a month. other person, on account of t~tal physical disability; that said Albert 0. Miller was honorably discharged from the Naval service of the United States; that he The CHAIRMAN. This bill at the last evening session for pension has made due and re~ar application for a pension (Naval claim No. 3286), and bills wa..a amended so as to read as the Clerk has now read the bill. has fully established nis right to a. pension of the amount named in the bill, save The question is upon laying the bill aside to be reported favorably that he ha-s failed to establish the facts of the time, p!Me, and circumstances under which he contracted his said disability; that on account of such failure his to the House. application has been rejected by the Interior Department; that such failure has l\Ir. BEACH. I will state in regard to this bill that under exist been by reason of the inability of said Miller to ascertain the whereabouts of his ing law the sister of a deceased officer is not entitled to a pension. mates.z ~e seamen who were present and had actual knowledge of said facts, and If she wa..a there would have been no occasion for this bill. such railure has been notwithstanding diligent efforts on the part of said Miller to ascertain the whereabouts of snch persons." This aged lady now appeals to Congress for relief under peculiar The committee, believing the case to be meritorious, recommend the passage of circumstances. Her brother, Commander Edmund Wilkes Henry, the accompanying bill as amended. served for thirty years in the Navy and died from diseases contracted in the service. I have in my hand from thefilesoftheNavyDepart The bill as amended was laid aside to be reported favorably to the House. ment his naval history, beginnin~ with his appointment as a mid shipman in 1842, showing his various promotions up to the rank of THOMAS W. ROTHP..OCK. commander and ending with his death in 1873. He was a gallant The next business on the Calendar was the bill (H. R. No. 1451 ) officer and performed distinguished services during the ~ate war. grantin~ a pension to Thomas W. Rothrock. When he died he left neither father, mother, widow, nor children. The bill was read, as follows : His only relative was this sister, unmarried and an orphan, who had Be it enacted, &c., That the Secretarv of the Interior be, and he is hereby, au been supported by him durin~P his lifetime. Now that he is dead thorized and directed to place on the pension roll, subject to the provisions and she appeals to Congress for this pension, inasmuch as- she is far limitations of the penRion laws, the name of Thomas W. Rothrock, late of Company G, Eighth Regiment Pennsylvania Volunteer Cavalry, on account of disabilities advanced in years and in a very dependent condition. incurred while in the service and in line of duty; said pension to commence the l\fr. PRESCOTT. How old is she f 27th day of Jannary, 1863, that being the date of his final discharge from the United Mr. BEACH. Fifty-five years of age. The bill was reported favor States .Army. ably by the committee of the Forty-sixth Congress, and it has also The report is as follows : been reported favorably in this Congress by a unanimous committee. That the committee have duly considered the bill (H. R. No. 1451) and find the I think the House will agree with the committee in the opinion that facts as stated in a report made m the Forty·sixth Congress by the Committee on in view of the valuable services rendered by the brother of this peti Invalid Pensions, which is as follows: tioner, and the fact that he left no immediate relative save her, this "We find from an examination of the petition and of papers on file in the origi· nal claim at the Pension Office that the p~titioner was a bugler of Company G, is a proper case for a gratuity pension. Eighty.first Pennsylania Cavalry; that he enlisted September 3, 1861, and was Mr. BROWNE. I presume there is no objection to this case. discharged Jannary 27, 1863 ; that he filed his application for pension May 7, 1870, The bill was laid aside t(} be reported favorably to the House. and that the case was finally rejected by the Pension Office December 27, 1879. "The petitioner, in his declaration of pension, alleges a rupture on therightside. OP..DER OF BUSINESS. received the latter part of September, 1862, by being thrown on the pommel of his saddle on the march to Snicker's Gap, Virginia. Mr. BROWNE. If the Committee of the Whole will indul"e me "-The testimony pre. en ted in the case show , by his family physician, that the again, I ask unanimous consent that we pass in the Calendar to petitioner was free from hernia at the time of his enlistment. The evidence of two comrades is, that while in the line of duty and on the march aforesaid, the peti House bill No. 1442, on page 37, the intervening bills having been tioner was ruptured; that they had personal knowledge of the injury ; saw it occur reported adversely.. while the petitioner was jumping his horse over a ditch; that they helped him off There being no objection, it was ordered accordingly. his hor e and found the disability. .Another comrade testifies to the same facts, and further that he took charge of the petitioner's horse and led him to the captain's WILLIAM RICKARDS. quarters. The captain of the company testifies that about the time the petitioner alleges he received the injury he was reported to him as having been injured, and The next pension business on the Calendar was the bill (H. R. that he was unable to ride his horse; that he ordered him sent to hospital; that at No. 1442) for the relief of William Rickards. the time the petitioner entered the service and up to the time he was disabled he The bill was read, as follows : was apparently sound and certainly free from hernia. The captain further states that he firmly believes the disability was contracted in the service. Be it enacted, &c. That the Secretary of the Interior be, and he is hereby, au· "The petitioner also swears that he received no treatment while in the Army, thorized and directed to liquidate ann pay to William Rickards, jr., late colonel nor did any surgeon examine his rupture. of the Twenty-ninth Pennsylvania Volunteers, ont of any money in the Treasury " His family physician states that upon his return home he found him laboring not otherwise appropriated, such sum as shall be found to have been withheld from with an irreducible hernia. Two neighbors and associates state that they knew him by reason oi a reduction of his pension from 1866 to 1871. the petitioner from his boyhood up; that they were members of a brass band with him; bathed with him, dressing and undressin~ in each other's presence ; that The report is as follows: they know positively that up to the time he enlisted the petitioner was free from The Committee on Invalid Pensions, to which was referred the bill (H. R. No. hernia or any other disability. 1442) for the relief of William Rickards, has had the same under consideration, "The records of the Adjutant-General's Office show by the rolls for September and begs leave to submit the following report: ' and October, 1862, that the petitioner was on duty service at camp near Knox The pensioner was allowed total in rank $30 ler month from date of discharge ville, Maryland; November and December, 1862, and January and February, 1863, November 2, 1864, for severe gunshot wound o left breast. Under the biennial he was sick in ho pital at Washington. He was di..'lchar~ed for disability Janu· examination of 1865, the rate was reduced to three-fourths of total, $22.50. Dis ary 27, 1863. It further states: 'Upon re-examination this man is reported on the satisfied with that rate he applied for increase December 10, 1870. It was evident monthly roll of Company G as absent in hospital; place and date cannot be deter· from the medical examination under the claim of increase that the disability was mined. Company return for August, 1862, does not show him absent. Company total, and $30 were allowed from the date of the examination, February 11, 1871. morning reports from Au!!USt to December, 1862, furnish no information.' . This action was proper under the law. That the disability has been permanent ''Tho certificate of disability ¢ves as the ground of his discharge • total loss of in a total degree ever since discharge cannot be doubted. The reduction made by teeth, preventing him from blowing his bugle.' a surgeon inexperienced in the rating of disabilities, and the inability of the Pen ' ' Two boards of the examining surgeons ofthe Pension Office, one at Philadelphia sion-Office to correct the error exc(lt through an application for increase, has de- and one at this city, find the petitioner ruptured with hernia, the last-named board rating him at $8 per month. The ground of r~ection by the Pension Office is that b~~';.~et~~ &:~~~~:! no~~rf~\h~ ~~n~~nsion to which he was justly entitled the records do not show him present with his company at the time he alleges he The committee is clearly of the oplliion that in.justice l1as been done in the was disabled. The records do show him on detached duty at camp within twenty ease, and therefore reports favorable on the bill, and recommends that it do pass. five or thirty miles of the place where he alleges he rece1ved the injury. As the company roils cover a penod of two months at the time, and as the petitioner's The bill was laid aside to be reported favorably to the House. company was ordered out on a quick march, it is fair to presume that his services 3652 CONGRESSIONAL RECORD-HOUSE. MAY 5, as bnp;ler bein~ needed. he joined his company and was present, as he alleges, ~t St.'l.tes Navy with great distinction, and died of disease contracted in the service Snickersville V\.rginia., notwithstanding the fact that the record does not show 1t. and in the line of duty, in the year 1878, he holding at that ti.ma the rank of com "Your com'mitt%e is impre sed with this idea, in view of the fact that three com modore. rades whose veracity is unquestioned and whose presence is verified, swearposi· "'The bill grants a pension to his widow at the rate of $50 per month, instead of tively t.bat he was present as alleged and that he was injured as alleged. Wear~ $30, the rate now allowed by law. of the belief that the (liscrepancy existin~ between the recorda and the sworn testt· "'In consideration of the great length of time during which Commodore Hoif mony of three comrades and a commissiOned o~cer should not militate a~st served his country, and of the distinguished character of his services, the com the petitioner's right. to a pension. _From the eVIdence before us we. a:re satisfied mittee recommend the passaue of the bill.' that he is a worthy subject and entitled t{) the benefits of the proVISIOns of the "This bill has been favora~ly reported and was passed by the Senate, and favor pension laws notwithstanding the technical objection of the Pension Office." ably reported by the House committee at the last session of Congress, but was not We theref~re report favorably upon his claim, and recommend the passage of reached in the call of the Calendar before adjournment." the accompanying bill, ''granting a pension to Thomas U. Rothrock'' as amended. The bill was laid aside to be reported favorably to the Hou e. The amendment reported by the committee, to strike ont at the end of the bill all after the words" in line of duty," was agreed to. JUSTUS BEE.BE. · The bill a.s amended was laid aside t-o be reported favorab1y to the The next pemlion business on the Calendar was the bill (II R. House. No. 800) granting a pension to Justus Beebe. ELIZABETH S. SEELEY. The hill was read, as follows : The next pension business on the Calendar was the bill (H. R. No. Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au 450) for the relief of Elizabeth S. Seeley, thorized and directed to place on the pension-roll. subject to the provisions and The bill was read, as follovs : limitations of the pension laws, the Dan1e of Justus :Beebe, late of Company G, Be it enacted, ' The report is as follows : The bill as amended was laid aside to be reported favorably to • The Committee on Invalid Pensions, to whom was referred the bill (H. R. No. the Honse. 803) granting a pension to La,ban Connor, have had the same under consideration, FRANK S. SOWERS. and reP.ort: A bill granting a. gension to this claimant was favorably considered by the Com The next pension business on the Calendar was the oill (H. R. mittee on Invalid Pensions at the second session of the Forty-sixth Congt_'ess. We No. 5808) to rerate the pension of FrankS. Sowers. ha>e ~ain examined the evidence in the case, and find the report made to the The bill was read, as follows: Forty-sixth Congress fully sustained. The report is as follows: " !t appears that Laban Connor was serving in Company E of t.he Eighth Michi B~ it enacted, &c., That t;he Secretary of the Interior be, :md he is hereby, au gan Volunteers; while in the service an The petitioner has boon twice before the examining surgeons of the Pension The evidence as to his being in the line of dntyis somewhat conflicting; but the Office. and their certificat-es are included here, namely: most reasonable statement, and that upon whicll your committee prefer to rely, is J. B. Samuel, :M.D., Orleans, :Morgan County, lllinois, June, 1872, who says: that made by one J. W. Hague, who makes his from a diary kept at the time, and ''He is three-quarters incapacitat.ed; disability uncertain as to time; his present who did not testify .in this soldier's behalf until since the :PensiOn Office rejected condition was caused by a fall from a horse, the left shoulder becoming badly this claim. He states that the men, after they had loaded the tobacco they had strained, which has resulted in the injury of upward and backward motion of the foll?ld upon the boats, were detailed to go over the city to look for other tobacco arm which renders him unable to do hard work without .producing considerable which was snppo ed to be concealed there, and that Mc:Mannns waa so engaged at pail:{, and increasing in ~om~ depree the paralysis, which IS only slight; the arm the time he received said injury. With this view of the evidence, whlch, to· some has lessened somewnat m IZe.' extent at least, reconciles the conflict in the testimony,lour committee do not Jo eph 0. Hamilton, :M.D., ex-surgeon, Jerseyville, ·Jersey County, Dlinois, hesitate to report favorably upon this bill, and recommen that it pass with this April!, 1874, says: amendment: Strike out all after the word " volunteers," in line 6 of said bill, and '' One-half disability; indefinite duration; rheumatism of the deltoid trapezius insert these words: "subject to the provisions and limitations of the pension laws." and supraspinatus, causing stiffness and debility of the above-named muscle . " It may be well to note here the fact that the petitioner says he was "treated by The amendment recommended by the committee, to strike out at hospital surgeon at Clarksville, Tennessee," and the Surgeon-General reports, the end of the bill the words "at the rate of per month, commenc " The regimental register for Company H not on file." It is therefore very prob ing at the date of the discharge of said soldier," and in ert " sub able that the claimant's statement is correct. Your committee are of the opinion that this is a meritorious case. The claim ject to the provisions and limitations of the pension laws," wa ant's allegations are s~1bstantiated in every ~portant.particnlar. W¥-Ie he doe agreed to. not prove cle!!>rlY continuous treatment from time of discharge to the time he w.as 'I'he bill -as amended was laid aside to be reported favorably to the examined in 1872 and 1873, by Dr. Wood and Dr. :McEwen, yet they found him suffering from the identical injury received in the service, aggravated by time, House. and more severe than when treated for it ori~y. Dr. Samuels, ex-surgeon, WILLIAM l\1. MEREDITH. Pension Office, :finds it still existing and rates him for it. The next pension business on the Calendar was the bill(H. R. No. Your committee therefore report favorably upon the claim and recommend the 2877) for the relief of William M. Meredith. passage of the bill (H. R. No. ll!37) ~nting a pension to Isador Rohrer. Amend as follows, namely: To strike out of lines 4 and 5 the words ''to date Tho bill was read, as follows : from the tinle of his discharge from the service." Be it enacted, &c., That the Secretary of the Interior be, and is hereby, author ized and directed to date the application of William :M. :Meredith, late a captain in The amendment recommended by the committee, to strike out in the Seventieth Indiana Volunteers, for a pension as filed with the CommiSsioner lines 4 and 5 the words ''to date from the time of his discharge from of Pensions on the 5th day of June, 1880, and that in the a-djudication of hi said service," was agreed to. claim for a :pension his declaration be treated as :filed on sain date. The bill as amended was laid aside to be reported favorably to the The report is as follows : Honse. The Committee on Invalid Pensions to which was referred the bill (H. R. No. ALBA.:.~ H. NIXO "'. 2877) for the relief of William :M. :Meredith, has had the same under c onsidemtion, (H. R. and begs leave to submit the following report: The next pension business on the Calendar was the bill No. Petitioner makes oath that on or about the 24th iay of June, 1879, he executed 5703) to increa e the pension of Alban H. Nixon. a declaration for invalid pension before the clerk of the court of Marion County, The bill was read, as follows: Indiana., which he intrusted to his attorney, Benjamin D. Honse, of Indianapoli , Be it enacted, &c. , That the Secretary of the Interior be, and is hereby, author Indiana, to be mailed to the Commissioner of Pension~. ized and directed to increase the pension of Alban H. Nixon, late captain of Com Benjamin D. Honse swears that William M. Meredith intrusted him with au pany K, Eighty-fourth Pennsylvarna Volunteers, to the sum of $36 per month, and application for invalid pension for mailing to the Committee on Pensions; that to pay him a pension at said rate from ancl after the pa sage of this act. on the following day the arne wa inclosed by him in an envelope, securely sealed and plainly directed t<> Ron. John A. :Bentley, Commissioner of Pensions, at Wa h The report is as follows : ington, District of Columbia. Affiant remembers his action in the matter from the fact that the said William :M. Meredith wa unable to walk at the time, ex The Committee on Invalid Pensions, to whom was referred the bill H. R. No. cept by the aid of crutches. 5703 have had the same under consideration, and beg leave to report a follows: This declaration, however, never reached the Pension Office, and its loss wa Alban H. Nixon enlisted a.~ a private in the Third Regiment of Penn ylvania. not discovered by the claimant until afteJ," the expiration of the limitation for the Volunteers on the 18th day of April, 1861, and wa honorably discharged from that filing of pension clainls under the arrears act. re!timent on the 30th day of June, 1861. He immediately be$,an recruitin~ for the Elghty-fonrth Regiment Pennsylvania Volunt-eers, and enlisted as a private in The Commissioner of Pensions, in a letter to this committee, states that testi that regiment. On the 3d of :March, 1862, he was made second lient.ena.nt of that mony has been brought before his office, satisfactory to him, that Meredith's dec regiment; subsequently he became first lieutenant, and on the 3d day of :May, laration was mailed in sufficient tinle to have reached his office prior to July 1, .1863 he was promoted to ca.ptl\in. He was honorably discharged from this service 1880, had it not been lost in the mails.- :Meredith was captain of Com~any E, Seventeenth Indiana Volunteers, and .on the 15th day of November, 1864, having lost his arm at Coal Harbor, Virginia, clainls pension on account of herrua contractoo in the service. So far as lay in his on the 1st day of June of said vear. While servin~ a above he participated in power he complied fully with the requirements of the law by properly executing seventeen battles and was seven times wounded, tWice severely. He lost his left a declaration for pension and placing the same, through his attorney, in the pos arm as above stated, at the battle of Coal Harbor, and it was first ampnta.ted on session of the GOvernment for safe delivery: at the bureau charged with it con the 9th of July, 1M64. A second operation was -performed on the lOth day of Octo· sideration in time sufficient to carry with It title to arrears under the provisions ber 1864, and on the 15th day of February, 1865, Dr. D. W. Bliss, of Washington, of the act of March 3, 1879. Its loss in the mails was through no fault of the claim Dis'trict of Columbia, performed still another operation, and took one of the l:iones ant, but must be charged directly to the Government. Unless the relief a-sked for of the forearm away from the elbow-joint, which leaves the elbow-joint perfectly be granted the claimant will be deprived of the pension for the period intervening stiff and n eless. A wound was received by him at the battle of Mine R'un, Vir- between the date of his discharge and the date upon which a second deolamtion ginia, which, to a considerable extent, disables his right arm. . reached the Pension Office. This soldier is now pensioned at $20 per month. He a ks for an mcrease to $36 The committee is clearly of opinion that the execution and mailing to the proper per month. The committee believe he ought to have $30 per month, and recom office of a declaration for pension by the petitioner, as well as its loss while in the mend that the bill be amended by striking out th word ''six,'' in line 6 of said bill, hands of the Government, is fully established, and that such loss should work no and then ask that it pass. hardship on him, and therefore reports favorably on the bill and a ks that it do The amendment rep.orted by the committee, to strike out "thirty pas. six" before the word "dollars" and insert "thirty," wa~ agreed to. The bill was laid aside to be reported favorably to the Honse. The bill a amendecl wa laid aside to be 1·eported favorably to the House. JACOB HUMBLE. THO:VIAS M1l\1.Al\'NUS. The next pension business on the Calendar was the bill(H. R. No. 5809) for the relief of Jacob Humble. The next pension business on the Calendar was tlie bill (H. R. The bill was read, as follows : No. 4966) for the relief of Thomas :MoMannus. Be it enacted, &c., That the Secretary of the Interior be, and is hereby, author The bill was read, as follows: ized and directed to adjudicate the pension claim of Jacob Humble, late a private Be it enacted, cf:c., That the Secretary of the Interior be, ancl he is hereby, an· in Company F, Sixth Indiana Cavalry, (Seventy-first Volunteers,) as if the same thorized and directed to place on the pension-roll the name of Thomas Mcl\Iannn , had been duly filed in the office of the Commissioner of Pensions on the 5th day of lat-e of Company A , One hundred and :fifty-second Pennsylvania Volunteers, at .August, 1879. the rate of 8 per month, commencing at the date of the dischargeofsaidsolddier. The report is as follows : The report is as follows : The Committee on Invalid Pensions, to whom was referred the Honse bill No. The Committee on Invalid Pensions, to w!Jom was referred the bill (H. n. No. 2256, have had the same under consideration. and report as follows : 4966) for the relief of Thomas McMannus , have had the ame under consideration, Jacob Humble was a private in company F, Sixth Indiana, and served a three. and beg lea>e to report as follows-: years' enlistment as such. Near Atlanta, Georgia, he was taken prisoner in Thomas :McMannns was a private soldier in the Third Regiment of Pennsylva July, 1864, and was con:fined at Andersonville and in other prisons until :March, nia Artillery, (One hundred and :fifty-second Volunteers,) and as such made an 1865 when he was paroled and ordered to the prison camp at Camp Chase, Ohio. excellent record. At the time of his enlistment he was a person of unusual phy1 - While1 there he met with a severe accident by the falling of his bunk, situated in icalstren~th and vigor. He is now, and has been ever since his discharge, totally the barracks at saicl camp, by which his spine was injured, and from which he ha disabled for the performance of manual labor, and has been the object of the char never recovered. For six years past he has been unable t<> stand and has not left ity of two sisters, who are illy able to support him. He was seriously hurt while his bed. On or about the 1st day of An~ust, 1879, he made out an application for in the ervice of the United States, and his application for a pension was refused an invalid pension on account of said inJury, and delivered the arne to his neigh upon the ground that ho was not in the line of duty at the time he received the in bor, Dr. William Williams, to be by him delivered to his attorneys, McKnight & jury. His disability is clearly traceable to this injury received while in the serv Johnson, at Spencer, Indiana, witli instructions to file the arne at once in the ice· and the proof establishes every fact neces ary to entitle him to a pension, Pension Office. These papers did not reach the Pension Office, and the said Hum beyond any possibility of dispute, except the fact that he was in the line of duty. ble was not informed of that fact until in the year 1881, about two years after h& Here there is a conflict of evidence. had, as he supposed, complied with the requirements of the law by which he would At the time he was injured he was on detached sernce with what was known be entitled t<> the arrears. as Graham's Naval Brirrade, this soldier havin~ been detailed because of his great Humble files hi aftida...-it, stating that he made out hi application on or about physical strength. At' the moment of the inJury there was no one present but the 1st day of Anzyst, 1 79, and delivered the same as aforesaid to Dr. William his assailrults. He was truck upon the head with some hard alld heavy weapon Williams, to be deJ.i.vered by him to his aforesaid attorney at Spencer. Franklin and knocked senseless to the ground, and afterward beaten and kicked so as to R. Drake swears that he saw said Humble at said time so deliver said application produce tbe permanent injury as stated above. This happened in the city of Fred to said Williams. Dr. Williams swears that he did on said day so deliver the said ericksburgh, Virginia, in th.e early part of March, 1865. This naval brigade at application with said instructions; that he saw one of said attorneys, Alex. Mc· that time made a raid upon said ci:t;y and captured a large quantity of tobauco and Kniaht, at once place said declaration in an envelope, seal it, and start in the direc loaded it upon the boats. After this was done this soldier while in the s.'lid city tion of the po t-ottice, and in a few minutes thereafter the saicl McKnight informed was attacked as aforesaid and received the seriou injuries which havo been de him that !Je ha(l mailed the same. :McKnight testifies that he did at that time acribed. (\uly . tamp and regularly mail aid declaration as he wa instructed to do; that it 1882. CONGRESSIONAL RECORD-HOUSE. 3655 was plainly directed to the Commissioner of Pensions, WaShington, District of ''Colonel Latham says: EMELINE P:rnK. The report of the committee is as follows: Tbe claimant, Laurinda Garfield Cummings aged 54 years, is the widow of The next pension business on the Calendar was a bill (H. R. No. Gilbert W. Cummin~s , who was mustered into the service as colonel of the Fifty 4914) granting a pension to Emeline Pink. first Re~ent Illino1s Volunteers, February 14, 1862. He was in action .April30, The bill was read, as follows : 1862, anu from that date until October 30 was absent on sick-leave. He resigned Be it enacted &c., Thatthe Secretary of the Interior be, and be hereby is, author in 1862. ized and direc~d to place on the pensl?n-roll subject to. the provisions ~d limi He was brevett~d brigadier-general "for gallant and meritorious services during 1 the operations before nnd capture of the enemy's forces at Island No. 10, in the tations of the pension laws, the name of Emeline Pwk, Wldow of Charles Pmk, late MisSlssippi River." .home he was suffering from the injury which he received to his considered by the Commissioner at all have been rejected by him, or lungs, and to such an extent that he was unable to perform any they would not be here. Some of them of course are cases that do labor t.o which he had been accustomed. The affidavits show that not go before the Commissioner. be was so injured that he had from that time an asthmatic affection Mr. McMILLIN. In a number of them new facts are presented. ·~r trouble of his lungs which disabled him so that from that time Others belong to a class for which the general law does not provide, until he died, in 1869, some four years afterward, he was not able and the .Commission~r stat.es as to such a. ca,ae it is a meritorious one, ·to perform any duty. presenting a hardship wh1ch the general law does not provide for. It is shown that he had made, from time to time, attempts to work, Mr. PRESCOTT. In all cases, however, where there is presented but was not able to perform any labor, and could stand no exposure. to the committee additional evidence, they refer that back to the Com He was one of the best accountants I ever saw ; one of the best in missioner for consideration. our part of the State, and certainly one of the best men that left Mr. .M:ciDLLIN. No, sir; not_in all. that section for the .Army. I have stated that he died four years Mr. PRESCOTT. That has been done in cases I have had to do .after that time-a little less than four years, three years and eight with, and I supposed it was the universal rule. months-and the affidavits to which I have referred show that never .M:r. McMILLIN. We have occasionally this state of things pre for one moment's time from the date that he received the injury sented, which ought to put us on our guard both in this House and until he arrived home, and from that time to his death, was he able in committee. We have had bills introduced in this House which ;to perform any work. To be sure the affidavit of the doctor is that have been referred to the committee, and after they have hung there ·.what finally killed him was an attack of acute pneumonia.; but he for one or two months the committee is notified to take no action !further states that he was so reduced and weakened from the injury because the Commissioner of Pensions has granted the pension. If he received that he was not able to withstand the attack. His exact Con~ess admits a general appeal from the Pension Department we words are that he has "reason to believe that the patient would have will nave no end of business to be dono. And I would suggest also urvived the attack of pneumonia had it not been that his strength if adverse reports of the committee are to go upon the Calendar and had previously been so exhausted by asthma." Now, he left a widow be acted on favorably in the House when only two or three dozen .and one little boy, and the widow applied immediately for a. pen members are present, an adverse report by the committee will amount sion, and for long years she has been trying to get a pension, but to very little. finally the Department 1·endered a decision in which they stated that Mr. DAWES. If I correctly recollect this ca-se as it was presented the immediate cause was acute pneumonia, and not exposure or in before the committee, there seems to be one new fact which has been jury resulting from the service. brought here by the honorable gentleman from New Yor~ [Mr. The doctor, however, as I have shown, says he would probably PRESCOTT.] That is in regard to the injury to the soldier. J. think have recovered if it had not been for the injury from which he was the fact of his having asthma was before the committee, and there .suffering by reason of the tornado. As I have shown from the Star was a doubt in the minds of the committee whether that disease of there is certainly strong grounds for the belief that injury wa-s the asthma was contracted in the line of his duty. result of his service. None of the facts in the ca-se, I submit to the Mr. McMILLIN. If my friend from Ohio [Mr. DAWES] will recall committee, present any feature by which there should be prejudice the remarks of the gentleman from New York he will remember that .against this application, and it was so considered in the Senate. the new evidence presented is merely confirmatory evidence of the They reached a favorable report, and the bill passed the Senate and raging of the toruado. That is about all there is that is new. The -came here. I am informed by Mr. WADSWORTH, who reported the gentleman produced confirmatory evidence from the Star, a paper bill, that he took the report of the Commissioner, which states what published here, of there having been a tornado. has been already shown, and that the pension was refused by the Mr. DAWES. Perhaps I misunderstood the gentleman from New committee on the ground therein specified, that the immediate active York, but I thought he stated it was in evidence that the soldier was .and final cause of his death was acute pneumonia. injured. I say, Mr. Chairman, that this case is not one of those cases where Mr. PRESCOTT. That is in evidence, established as a fact and the House should be willing to defraud this woman by a technical not contradicted. ity if she is entitled to the pension, for it is defraudin~ her if she Mr. McMILLIN. That was not new evidence. That was before ought to have it, and this House ought to give it; and if she is not the commi ioner. entitled to it, then she ought not to have it. But 1..-uowing these Mr. DAWES. It seemed to me from the presentation of the case people as I do ; knowing that they are entitled to full credit ; that by the gentleman from New York that the soldier was injured by they are people who can be depended upon, who would not ask what this tornado, and that that injury, received it appears in the line they are not entitled justly to receive, I trust the House will con of his duty, caused the so-called asthmatic trouble from which he sider it favorably, and give an opportunity at all events for a hear- suffered until his taking off by the so-called acute pneumonia. ing in open Honse. .. Now, that presents the case to me as it did not strike me when I I am ready to answer any questions that may be necessary to ex heard it presented in the committee. But it only suggests to my plain any point in the case which may not be clearly understood. mind this point: whether one disability can take a man to the edge :Mr. McMILLIN. Ha thegentlemanfromNewYork any evidence of the grave and another push him in which has an entirely difl'erent ~n hand that was not before the committee' origin; and a second question for us to consider is how far thi in Mr. PRESCOTT. I have no additional evidence to what was be jury received by the soldier under those circumstances wa the cause fore the Commissioner or before the committee, except in regard to of the oldier's death. this matter of the tornado that I have looked up myself and the 1\Ir. MATSON ro e. statements I have here in regard to it. Mr. PRESCOTT. Will the gentleman from Indiana before he pro Mr. ALDRICH. !would liketoinquireiftheeloquentgentleman ceeds allow me to state that in addition to what I have examined. in from New York [Mr. PRESCOTT] appeared before the committee and regard to thistornado I havealsothelettert,owhich I have referred, made as good a speech there as he has made here f which I do not understand was before the Commissioner, in which Mr. PRESCOTT. I did not. I had no knowledo-e when the bill the soldier states his injuries Y was to be considered ; or I think there never wocld have been an Mr. MATSON. I remember this case audits disposition in the com .adverse report in this case. mittee very well. I think it wa-s disposed of rather summarily there Mr. ALDRICH. It does credit to the gentleman from New York and without a very full statement of the facts in the case. I think to plead so eloquently for his friend. But I must say it is asking a it was disposed of on a statement that there seemed to be no connec _good deal of us to vote for a bill that has been twice reported by com tion between the injury and the disease of which the soldier died. mittees adversely. My observation has been in many of these pension cases that it Mr. PRESCOTT. The gentleman is mistaken. Il has not been would be very difficult for the ordinary mind to di cover the con reported twice adversely. nection between the disea-se of which the soldier died and the injury Mr. ALDRICH. I understood that statement to be embraced in or disease that he contracted in the service. However, upon our -the report of the committee of the Senate, which the gentleman committee we have a very competent physician and ex-army surgeon, -caused to be read. whose services have been frequently brought to bear upon ca es of Mr. PRESCOTT. Oh, no. The bill pa ed the Senate and comes this kind. But my recollection is that he was not present at the here. time this case was considered, and, a,a I have already stated, it was Mr. ALDRICH. I understand that. But in that report n·om the considered and disposed of in rather a summary manner. .Senate, as I understood it, the Senate committee stated they reported Several cases of the kind I have alluded to have been before our the bill favorably, although there had been a previous adverse re committee, where it was difficult to discover the pathological con port. nection between the disea,ae of which the soldier died and ~he injury Mr. PRESCOT!'. By the Commissioner. he received while in the service. But in this case it seems to me we Mr. ALDRICH. I supposed it had been an adverse report by a com might discover very easily the connection. If the soldier was in mittee. There is one adverse report on the case at any rate. jured about the chest, as the evidence shows he was, a disease of the Mr. McMILLIN. It should be remembered that the Commissioner lungs might be presumed to have resulted from that kind of injury ; in making his report had all the appliances of taking evidence, and the ordinary mind can see that a disea-se of that kind might have which we have not. so resulted. Jt.lr. PRESCOTT. The statement in the report which the gentle The claim in this case was rejected by the Pension Office, after . man from Illinois [Mr. ALDRICH] misunderstood is that the applica passing the scrutiny of the medical examiner of that office, upon the tion was rAjected .October 25, 1879, lly the Commissioner. And I ground that there was no connection between the death to the dis \WOuld suggest that all of these cases on the Calendar that ha>e been ea e contracted. I have known cases to be rejected in that office 1882. CONGRESSIONAL RECORD-HOUSE. 3659 -which I thou(J'ht were wrongfully rejected on that ground. And I no tenderness upon pres nre, not fainting as in aJ>scess; the pains increased in in severity ea.:h yearinparox:ysms, sometimes intervening one, two, orthreemonths. ll.ave known tl;is present Congress, at least two instances, to grant The atta-cks became more fre9.uent, the pain more intolerable, about one year be pensions because of the fact that the claims were wrongfully rejected fore his death. Secretions, digestion, and action of heart continued normal; a. by the Pension Office. nervous, anxious appearance, resulting from continued severity of pain, differed I believe that. upon the statement made by the gentleman from him only from his ordinary appearance in health. Dissolution occurred suddenly New York [Mr. ·PRESCOTT] a.s to the character ofthlS soldier and as in my presence; appeared as usual, suffering much pain in region described; no acceleration of pulse or respiration ; lying down, and upon assumin~ a sitting to the character of his family, and upon all the facts taken in con posture, placed both hands immediately over the location of the pam in right nection with this case, this pension ought to be allowed. I did not side; pressed firmly; at once expired, respiration and circulation immediately vote to make an adverse report to the House, and therefore I feel ceasing. No post-mortem being made, from the obscurity of the case and its symptoms, I am led to believe that the wound, or injury resulting from the wound, perfectly free to vote here to lay the bill aside to be reported favor was, if not the immediate, the remote cause of his death. I have no interest .ably to the House, and I will do so. directly or indirectly in the prosecution of this claim. Mr. PRESCOTT. It may be that I should call attention to the " ' I have been his physician for nearly eleven years, and believe he had no other ..additional fact that the hall-storm, as described by the Star, which disease. Gave him no treatment bnt for pains described, and believe he had no other disease and waa treated for none otherdnrinl; the above length of time.' resulted in the blowing down of the barracks, left this soldier, with "Mrs. Gillespie was left a widow in destitute mrcnmstances, and has six chil· -other soldiers, as appears by his letter, &c., out in the storm. They dren. Her neighbors speak of her as being a very industrious and worthy lady, became drenched with the rain, and the result of that was that this and that she should be pensioned." -soldier took a severe cold, which hung upon him until the time of The committee recommend the passage of the bill, believing that this is a meri torious case, with this amendment: Striking ont all after the word " volunteers" .his discharge. in line 8 of said bill. I might refer the Committee of the Whole to the action of the Pen .sion Committee and the action of the House in the case of Amanda The amendment of the Committee on Invalid Pensions was to strike .J. McFadden. In that case the soldier was injured by a gun-shot out all of the bill after the words, "Twenty-eighth Regiment Penn wound in the ankle yet he died of cancer in the stomach. The sylvania Volunteers." 1 The amendment was agreed to, and the bill as amended laid aside -committee reported m favor of giving a pension in that cat>e, claioi .ing that the healing up of the wound in the ankle caused dyspepsia, to be reported favorably to the House . and that caused cancer in the stomach. Certainly the connection JOHN ADAMS. between the cause of death and the disease contracted in this case The next -pension business on the Calendar was the bill (H. R. No. is very much closer than in that one. 26:l6) granting a pension to J ohu Adams. Mr. MANNING. And that dea,th occurred some twenty years after The bill was read, as follows: ;:the wound. Beitenact~ . ll--c., That the Secretary of the Interior be, and is hereby, author Mr. PRESCOTT. Yes, the death from cancer occurred more than ized and directed to place on the pension-roll, subject to the provisions and limita ;twenty years after. tions of the pension laws, the name of John Adams, who enlisted in Pittsburgh, l\1r. McMILLIN. Can you see the connection in the cancer case. Pennsylvania, on CommodoreEllet's ram-fleet. Mr. PRESCOTT. I can in this case. The report is as follows : Mr. MANNING. I happen to know all about the case referred to, The Committee on Invalid Pensions submit the followin.,. report: ..and the doctor was able to show the connection, the attending The petitioner, John Adams, enlisted on Commodore Eifet•s ram-fleet at Pitts physician. burgh, on the 14th or 15th of May, 1862, and w-as assigned to duty on board the "Lioness." At the battle of Memphis, Tenne ee, ~nne 7 1862, he received a Mr. McMILLIN. And in this case the attending 1)hysician was bullet wound over the left eye and in the left arm; and whlle patroling the river not able to show it; that is the difference. from the month of the Y~zoo River toward Memphis, August 15, 1862, he was Mr. MANNING. I am speaking in answer to your inquiry, and shot from the shore by guerrillas, the ball penetrating above the right; haunch, :not in answer to something that you did not inquire about. and the wounded man falling down a hatch, breaking right elbow. Dr. W. L. Morrow, of Freeport, Pennsylvania, in his sworn statement, June 14, l\1r. ALDRICH. I will not object to laying this bill aside to be 1880, says the petitioner is entirely unable to perform any labor, and cannot walk reported favorably to the House, provided it is understood that there or get np from his chair without assistance on a.:connt of the wound in the haunch shall be no vote upon it in the House without a quorum. bone. Mr. PRESCOTT. I do not ask that. The w_-onnd on which the apJ?lication was rejected by the Pension Office is, that the ~titioner was not in the military or navaJ service of the United States, bnt in Mr. ALDRICH. I withdraw my objection with that understand the rtermaster's Department. Your committee is, nevertheless, of the opinion ing. that e received his disability in the line of duty and that the claim is a meritori The bill was accordingly laid aside to be reported favorably to the ous one, and recommend that the bill do pass. House. The bill was laid aside to be reported favorably to the House. ELLE~ GILLESPIE. ALFRED G. FIFIELD. The next pension business on the Calendar was the bill (H. R. No. 408'2) granting a pension to Ellen Gillespie. The next pension business on the Calendarwas the bill(H. R. No. The bill was read, as follows : 1020) granting an increase of pension to Alfred G. Fifield. The bill was read, at> follows: Be it enacted, &c. , That the Secretary of the Int~rior be, and he is hereby, au thorized and directed to place on the pension-roll, snb,ject to the provisions and Be it enacted, etc., That the Secretary of the Interior be, and 'he is hereby, au limitations of the ~ension laws, the name of Ellen Gillespie, widow of John W. thorized and directed tio place on the pension·roll, subject t., the provisions and >Gillespie, late a pnvat~ in Company F, Twenty-eighth Regiment Pennsylvania limitations of the pension laws~...!Jle name of Alfred G. Fifield, late a privat~ in Volunteers, a.nd pay her a. pension for herself and her six children under sixt~en Company C, Twelfth Regiment ~ ew Ramp hire Volunteer Infantry, at the rate _years of age, from the date of the death of her husband, the 9th of July, A. D. of $24 per month, in lien of the pension he 1s now receiving. 1878, at the rate of/ensions for widows of deceased privates in the late war of the The report is as follows : rebellion; her sai hnsband, John W. Gillespie, havin~ died from the effect of wounds received while in the military service of the Umted States and in lirie of The Committoo on Invalid Pensions, to whom was referred the bill (H. R. No. .-duty during the late war of the rebellion. 1020} granting an increase of pension to Alfred G. Fifield, having had the same under consideration beg leave t~ submit the followinu report: The report is as follows : The claimant was a privat~ in Company C, Twclhh New Ramp hire Volun teers; enlisted Angnst 17, 1862; discharged Kovember 17, 1863, on surgeon's cer The Committee on Invalid Pensions, to whom was referred the bill H. R. No. tificate of disability, ''on '!Cconnt of gunshot wound at ChancellorsTille, Virginia, MS~i!:b~h!~stht!t~!~~~:~lt~!e~;tir:~all:P~ls~~:~n::w:t a~s~~~~~- which caused a resection of the humerus, (right ann.)" The shot which wounded .gress, to whom the subject was referred and favorably considered, a~ passed the =1~!f} :,s ~if~! ~~e~e:f J~eh=~:~~~o s::~:~~;k,e bone so that the Hon e of Representatives, bnt was not acted on in the Senate for want of time. 0 0 We append and adopt as our own the report of the committee of the Forty·sixth [Extract from the letter of Commissioner of Pensions, dated---, 18-, trans .Congress upon the subject: mitting papers to the committee.) "John W. Gille pie enlisted January 21, 1862, in Company F , Twenty-eighth "The claim was originally allowed at $5.33 ~er month from dat~ of soldier's dis Re~ent of Pennsylvania Volunteers, and was wounded at the battle of Antie charge, Kovember 17, 1863. His pension was mcreased t~ $8 per month from Sep iam on the 17th of September, 1862, and wa discharged by reason of said wound tember 4, 1865; to $15 from J nne 6, J 866 ; and to $18 from J nne 4, 1872. His subse February 6, 1863. He was l?ensioned from the loth of November, 1865, at $3 per quent applications for increase have been rejected, because his disability is not month, and his pension was mcreased to $5 per month from Mav 6, 1874. He died such as would entitle him to the next highest rate provided by the pension laws .at his home in Cambria. County, Pennsylvania, on the 9th of iuly, 1878, from the $24 per month. It is conceded that the in,jury to the arm is equivalent to actual -effects of wounds received in service. At the time of his death he left a widow, loss of the same above the elbow, bnt the rate of $24 per mouth, which the law Ellen Gillespie, and six children. The widow filed her application for pension on prondes for such loss, is not provided for a disability equivalent thereto and un the 15th of October, 1878, and on the 5th of February, 1879, it wa rejected because less a person is otherwise so disabled a to be incapacitated for the performance her husband's death 'was not a result of his military service.' of any manual labor, no higher rate than $18 per month can be allowed." " The committee have carefully examined the evidence on file in this case, and From the medical etidence in the case we extract the following : they are of the opinion that the evidence shows clearly that the wound received, " Dr. David :B. Nelson, examining surgeon, February 1, 1864, certifies and for which John W. Gillespie in his life-time was pensioned, was the cause of " ' The arm is helpless and nseless.' his death. "Dr. Ira A. Chase, at biennial examination, Sept~mber 4, 1865, certifies Dr. R. De"'eranx, a practicing physician of good standing, and who was the " ' The arm is entirely useless ; should be increased to full p ension.' fumily physician of John W. Gillespie for about .eleven years preceding his death, "The board of examining surgeons at Concord, ~ew Hampshire, Sept~mber 6, "G. P. Conn, M.D., for the board of examining sm·aeons, Concord, New Hamp per month, instead of $8; but if all she has received is to be de shire, February 1, 1877, in reply t{) a letter of instructions from the medical ref ducted, pur uant to the provi~::~o, before the increased rate of pension eree of the Pension Office, says : " 'He was rated at $24 per month. The board would further state that claimant shall operate, this bill will be of no benefit to her, unless she should is so far debilitated that the other arm is incapacitated for other than the very live a good while. lightest of duty, he being able only to canvassforthesaleof a book for a longtime.' The question being taken on the amendment reported by the com "Warren W. Sleeper, M.D.. examinin~ surgeon, January 9, 1878, certifies: mittee to strike out the words "provided that all payments heret~ " ' Total: second grade, or $24 per month.' "The board of examining surgeons, at Concord, New Hampshire, January 3, fore made shall be :first deducted," it wa agreed to. 187!) certify : The bill as amended was laid aside to be reported favorably to tho "',He cannot perform any manual labor, nor is thisratin~ in ~n.Y way considered House. an equivalent to the loss of an arm above the elbow. Disability t{)tal; second grade. or $24 per month.' " 11IARY C. J. Bl;DLOXG. The affidavits of neighbor and friends of the petitioner are quite as strong as The next pension busine son the Calendar was the bill (II. R. N0-. the medical evidence. 'rhey testify to his inability to perform manual labor, and to his correct hallits of life. 1164) for the relief of Mary C. J. Budlong. Your committee are of the opinion that from the weight of medical evidence alone The bill was read, as follows : the petitioner is entitled to the relief prayed for. We therefore report favorably Be it enacted, &c., That the Secretarv of the Int~rior be, and he is hereby, au= U.JlOn the case, and recommend the passage of the bill granting an increase of pen thorized and directed to determine, ana that thereupon the same be paid, out or Sion to .Alfred G. Fifield from $18 to $24 per month. any moneys in the Treasury not otherwise appropriated, to Marv C. J. Budlong, The bill wru; laid aside to be reported favorably to the House. the arrears of pension or loss to her by reason of the delay of the Pension Depart ment to act upon her application for a pension, from the date of filing thereof until ABAGAIL S. TILTO:N. the actual granting of same, she being the widow of John Budlong, who was a.pn" vate of Captain Catlin'sCompany, New York State Militia, in the war of 1812, ana The next pension business on the Calendar was the bill (S. No. 108) in which he was wounded and disabled. grant.ing an increase of pension to .A.bagail S. Tilton. The bill was read, as follows: The r~port is as follows : R. 1164) Be it enacted, &c., That the Secretary of the Interior be, and he~i> her~by, author The Committee on Pension!!, to whom wa.<> referred the bill (H. No. for ized and directed t{) place on the pellSlon-roll the name ofAbagall S. Tilton, at the the relief of Mary C. J. Budlong, would respectfully report: rate of $16 per month, to date from the passage of this act: Provided, That all pay. That Mary C. J. Budlong is the widow of John Budlong, who was a. private in ments heretofore made shall first be deducted. Captain Catlin's Company of New York Militia. in the war of 1812 and 1814; tha'i 1iliere is no proof of his term of service, and it is only ~enerally shown to have been The report was read, as follows: at least fourteen days. John Bndlon~ died April :t,7, 1854. In 1864 his widow, Mary C. J. Budlona, applied for a pens10n. As the law then stood thi<> coulll only The Committee on Invalid Pensions, to whom was refeiTed the bill S. ~~o. 108, be granted on proo¥ that he died by reason of service. This was sought to be dono submit the following report: by the clainl that he was troubled with chronic diarrhea, and had a hernia, canaetl The facts touching the case of Mrs. Tilt~n are correctly state.d in House Report by gun-shot wound. No connection ofthese with the service in the war was shown, No. 692, F'orty-sixth Congress as follows: . . . . except statements of deceased, and, the Commissioner of Pensions not being sat.. "It is in evidence that the husband of the petitioner, BeDJannn Stevens, was a isfied with the proofs, the clainl was rejected. John Budlong does not appear upon soldier of the Revolutionary war, and was mustered into service on the 18th day the company rolls of Captain Catlin's Company as a member, ancl the only proof.of" of July, 1777, serving as a pri"!ate in Capta~ Samuel McConnell's company, of service is that of two claimed comrades-Caleb Green and John Green-both of" Colonel Thomas SticKney's re~ent, of the bngade commanded by General Stark, whom appear by the records as deserters after only thirteen days' service. Upo:m and was honorably dischargoo. on the 18th day of September, 1777. this proof the claimant obtained a land warrant. "It is also in evidence that at the dat~ of th~ pe~tloner's malTiage wi.th the sa~d March 9, 1878, an act was passed, entitled "An act amending the laws granting Benjamin Stevens she was the widow of DaVId Tilton, and was roamed to said pensions to the soldiers and sailors of the war of 1812, and their widows, and :fot" Stevens on the 31st day of January, 1831, and that they lived together until. his other .,purposes." death which occurred on the 25th day of August, 1832; that she subsequently Prior to the passage of this act a bill had been introduced in the Forty-fifth marri6d Adooira.m Paige, who died in 1848 ; that by special :wt of the New Hamp Congress for a pension to this claimant, Mary C. J. Budlong;, a king arrears from shire Legislature approved January 4, 1849, she was permitted to take the name the date of the death of her husband. .After the passage of the a{}t of March 9, of Aba"'ail S. Tilton and in which name she now petitions Congress for relief. 1878, the Senate committee reported aclverse~y upon such bill, refer:ing her .to her "It iS in evidenc~ by letter of the Commissioner of Pensions, that by the act rights under such act. She thereu:pon applied under that act, which provided- of Congress approved Februa:ry 3, 1~. she was entitled to hav~ her name placed " That the Secretary of the In tenor be, and be is hereby, :mthorized and directed upon the pension·rolls at any time pr10r to June 22, 1874, at which date the afore to place on the pension-rolls the names of the surviving officers and enlisted and said law was repealed. drafted men, Without regard to color, including militia and volunteers of the mili ''It is also shown that it was through no fault of the petitioner that she did not tary and naval service of the United States, who served for fourteen days in the war avail herself of the provisions thereof before its repeal. Living in a secluded with Great Britain of 1812, or who were in any en.~agemenu, and were honorably country ylace and knowing bnt little of the proper manner of making application discharged, and the surviring widows of such omcers and enlisted and drafted for pemnon, she caused a petition to be drawn up setting forth ~ ~the facts .in men. her case which was sent to the member of Congress from her district and by him "When any person has been granted a land waiTant under any act of Con~ was deposited in the petition-box of the House June 8, 1868, as is shown by the for and on account of service in the war of 1812 such grant shall boprimafacie evi Journal. The petitioner was soon afterward informed by one she had reas~m to dence of Ws service and honorable discharge, so as to entitle him, if linug, or his rely upon that she was not entitled to a pension, and therefore slept on her nghts widow, if be be dead, to a pension under this act." until informed of her eiTor long a.fter the repeal of the act of February 3, 1853. As the proof of service upon which the land warrant was issued showed the d~ "It is also in evidence that since the death of her third husband, AdouiramPaige, serters making some to ha\e been themselves in the service but thirteen days, aJ.. she has lived with and been supported by Nathaniel D. Tilton, the son of her first though they swore John Budlong was in the service fourteen da.ys, the Commis husband until about three years since, when he died, by which event she is now sioner rejected the claim for pension under the act of 1878 on the 3d September~ left childless and destitute; that she is now nearly ninety years of age and in re 1879, on the ground as therein stated : ceipt of no means whatever to ~h food .or clo!Jring or 11:1edical a~tendance and "The testimony of Caleb Green and John Green in lJounty-land clainl cannot be nursing in her last years of life. In consideration of which, and m accordance accepted as both men only served from 7th to 20th October, when they deserted; with the spirit of the act approve~ March 111 1878, gr.anting.pension~ to widows of consequ~ntly only served thirteen days, not a pensionable ervice. Haring d& Bevolutionary soldiers the COillilllttee submit hereWith a bill granting her a pen serted on the 20th of October, they cannot testify as to ervice on that tlay." sion at the rate of $16 'per month, believing that will meet her needs more fully This decision was afterward reopened, and upon another examination it WILl than the provisions of the bill H. R. No. 32~8l which provides for payment at the held that both days might be taken, making the fourt~en days 'required by the~ rate of $8 per month from 1854 to date of special a-ct granting her a pension, March 3, of 1878, and on the 27th February, .1880, a pension was gr-a.nted claimant of ~per 1879. 'th b titut month with arrears, and commencmg from March 9, 1878, the date of the srud act "Your committee therefore report back the bill (H. R. No. 3298) WI a su s e under which it was allowed. therefor and recommend the adoption and passage thereof." Clainlant now asks by her petition to have arrears from the date of the dis A sin{ilar bill for her relief passed the Senate and was favorably reported to charue of her husband, in 1812 or 1814, to the date of the commencement of her the House in the Forty-sixth Congress, but failed to be considered for want of present pension-March 9, 1878. This is a much larger demand of aiTears than. time This a"'ed lady is now in a helpless condition and dependent upon charity was asked of the Fo!"o/-fifth Congress, and one that has never lleen granted in any for s~pport beyond the $8 per month she is now receiving pursuant to the special known ca<:~e. The clarmant bas received pension from the earliest point of time act for her benefit passed March 3 1879. she could by any construction of law clainl same, and as long as all other like ca.so~ , The unfortunate dela,rs which deprived her of a pension during so many years Your committee see no reason for making this an exceptional case, establishing that she was clearly entitled to it under the law .hl!'ve also attended her eft'o:ts to a bad precedent, and they therefore report adversely upon said bill, and ask \ha~ get the relief which Congress has always been willing to bestow, and the bill mtro the same do not pass. dnced in the Senate this session provided that her increase from $8 to $16 per ·month should commence March 3, 1879, but it was amended before its passage by Mr. BROWNE. From information nowbeforemelmovethatthi8 striking out the allowance of arrears, so that the increase should take effect only bill be reported to the House with a recommendation that it be in,. upon the passage of the act...... ·Your committee find by an exannnation of the Senate bill that the proVIso-eVI definitely postponed. dently referrin.,. to the arrears, (which were stricken ont on recommendation of the The motion was agreed to. .. Senate Pension"'committee,) in the following words: ''Provided, That all payments heretofore made sh:ill. be first deducted "-ought to be struck out also. Undoubt CHARLES F. PARIS. edly said proviso was retained through inadvertence in the Senate, and we recom The next pension business on the' Calendar was the bill (H. R. No. mend the p~sage of the bill after amending the same by striking out the proviso. 4268) granting a pension to Charles F. Paris. The CHAIRMAN. If there be no objection, this bill will be laid The bill was read, as follows : aside to be reported favorably to the House. Be it enacted, &c., That the Secreta~ of the Inter:ior be, and he is ~~reby, auth.or Mr. RAY. I desire to call attention to the fact that this bill is re ized and directed to place on the penswn-roll, subJect to the _proVISions and lim itations of the penston laws, the name of Charles F. Paris, late of Company P,. ported with an amendment. The Senate passed a bill proposing to One hundred and twenty-third Indiana Volunteers. . pay this woman a pension of $16 per month, "provided that all pay ments heretofore made shall be first deducted." The intention of The report is as follows : ..the Senate was evidently to strike out the allowance of all arrear The Committee on Invalid Pensions, to whom was re.terred the bill H. R. Ne. ...ages which the original bill provided for, and at the same time this 4268 have had the same under consideration, and beg leave t{) report as follow.-: charles F. Paris was a soldier in the One hundr~d 1!-Dd twe~ty-third Re~ proviso should have been struck out with the clause allowing ar of Indiana Volunteers, and, as such, served out his time. His officers ana COJ:liloo ..rearst-...but probably the proviso was retained through inadvertence. rades in their testimony speak of him as an excellent soldier, always at the. fro.u.~ The House Committee on Invalid Pensions, discovering this error, and making for himself an excellent record as a patriotic volunteer. ~ :rega ment was in the field during the whole time of its service, and was engaged m i.he reported an amendment to strike out the proviso. This old lady, principal battles of the Western campaigns. . . now upward of eighty years of age, has been drawing a pension at He was soon after his dischar_ge, s~cken with some disease of ~e lu.ngs, w:l:da::k "the rate of $8 per month. The proposition now is to give her $16 the examming1 surgeon of the Yerunon Department states as his belief wae d- 1882. CONGRESSIONAL RECORD- HOUSE. 3661 rtributable to his Army service. That disease has progressed until he is now, and upon the statement made by the postmaster of the town in which the pensioner 1has been for several years, incapable of performing manual labor. He applied for resides, that the pensioner was able to work about one-third of the time. • t a l?ension on the 20th day of January, 1876, and his application has been recently The medical evidence in the case shows the following disability: Cicatrix ex reJected, upon the ground that there is no specific proof of the incurrence of the tending from left angle of mouth two and one·half inches obliquely upward; left ..disease in the military service of the United States. '.rhe proof of any affirmative cheek ii.dherent to superior and inferior maxillary bones; anchrosis of lower jaw; fact is wanting; but upon the other hand the proof of his entire soundness at en· very slightlateral motion; Yertical motion about one.sixtieth o one inch; can take listment, his exposure and service in the Army, and his prostration soon after only liquid food_, the use of solid food impossible. He suffers for want of proper leaving the service, the absence of any hereditary or other specific cause for his nourishment, and is unable to perform any manual labor. -debility, compel the conclusion that it most have resulted from the service. This As the Pension Office concedes the disability to be chargeable to scurvy con· -eommittee is disposed to give him the benefit of any doubts in the ca.se, in view tracted in the service, but accepts the statement of a non.professional instead of particularly of his excellent character as a soldier and a citizen, as abundantly the certificates of the examining surgeons as to the pensioner's ability to perform .:t5atified to, and they recommend that the bill do pass. J!lanuallabor, the judgment of this committee is that little if any, manual labor can be performed by a person compelled to subsist on liquid food only; they there The bill was laid a-side to be reported favorably to the House. fore report favorably on the bill and recommend that it do pass. ELECTA L. BALDWIN. The bill was laid a-side to be reported favorably to the House. The next pension business on the Calendar was the bill (H. R. No. "2104) granting a pension to Mrs. Electa L. Baldwin. ELIZA J. YARNALL. The bill was read, as follows : The next pension business on the Calendar was the bill (H. R. No. Be it enacted., cl:c., That the Secretary of the Interior be, and he is hereby, an 453!'>) granting an increase of pension to Eliza J . Yarnall. rthorized and directed to :place on the pension:roll the name of Electa L. Baldwin, The hill was read, as follows : widow of Charles Baldwin, late a private in Company B, Seventh Regiment of Be it ena~ted.. cl:c., That the Secretary of the Interior be, and he is hereby, au Pennsylvania Volnntee>r Cavalry, at the rate of $8 per month, to date from the thorized and directed to pla-ce thenameofEliza J. Yarnall, widow of the late Cap ·.time of the discharge from the service in the late war of the rebellion of the said tain Mordecai Yarnall, upon the pension·roll, and pay her a pension at the rate of Because of the words "which existed to some extent prior to his enlistment," in favor of the claimant, and recommend that the clai:mantsbould have an increase the Pension Office rejected the_ claim. . . . of pension to $50 per month; and, so amended, your committee recommend tha So far as can be disco"'ered m the whole case, these words were mserted m th1s the bill do pass.·' certificate solely as an opinion by a surg:eon not persona~y ac.qua:inted with claim ant but they a1·e construed to outweigh the- sworn testunony of the surgeon and The bill was laid aside to be reported favorably to the House. assistant surgeon of tlle regiment, the testimony of claimant's family physician, EARLS. RATHBUN. and neighbors. This pension was applied for March 29, 1871. The next pension business on the Calendar was the bill (S. No. 891) We then have the testimony of claimant's family physician and neighbors that granting a pension to EarlS. Rathbun. this disease of the heart did not exit before enlistment; the testimony of his regi· The bill was read, as follows : mental sur~eon that it diu not e::rist when he was mustered into the regiment; the testimony of his assistant regimental surgeon as to the hardship of service pro: Be it enacted, cf:c., That the Secretary of the Interior be, and he is hereby au ducing iliness re ulting "in an affection of the heart.," "on account of which he thorized and directed to place on the pension-roll, subject to the provisions and! was discharged; "_that the same has continued and still exists; . limitations of the pension laws, the name of Earl S. Rathbun, BaJ.d pension to be There is no eVIdence whatever to the contrary, except this statement m the at the rate of $8 per month, from and after the date of the passage of this act, in certificate before stated. lieu of the pension he is now receiving. This case was fully con idered in the Forty· sixth Congress and report~d favor ably and your committt'e are of the opmion that claimant is justly ana legally The report is as follows : entitied to a pension, and report back said bill and recommend that it do pass. The Commitiee on Invalid Pensions, to whom was referred the bill (S. No. 891) jUantin.,. a pension to EarlS. Rathbun, have carefully examined the report of tha The bill was laid aside to be reported favorably to the House. Senate Committee on Pensions of this Con"'ress made in this case, and numbered 146, and, concurring in the views expressed' by that committee, beg leave to adopt. HCGO EICHHOLTZ. said report as their own, in words as follows : The next pension business on the Calendar was the bill (H. R. No. "The Committee on Pensions, to whom was referred the bill (S. No. 891) grant,. 5820) granting a pension to Hugo Eichholtz. fo'fi:Jse~sion to Earl S. Rathbun, having carefully examined the same, report ag. The bill was read, as follows : "That a bill was introduced in the Senate (S. Ko. 1808) durin a the second ses Be it enacted, d:c., That the Secretary of the Interior be, and he is hereby, au Rion of the Forty-sixth Congress, granting a pension of $8 a montii to EarlS. Rath thorized and directed to place on the pension-roll, subject to the limitations and bun. The Committee on Pensions made the following report on the bill: re trictions of the pension laws, the name of Hugo Eichholtz, late a sergeant of "'The Committee on Pensions, to whom was referred the bill (S. No. 180 ) CompaBy L, Fifteenth New York Heavy .Artillery, and pay him a pension of $50 granting a pension to Earl S. Rathbun, have examined the same, and report: per month from and after the passage of this act, which shall be in lieu of that "'The claimant enlisted at the outbreak of the late war as aprivat"in Company which he now receives. C, Eighth .Mis ouri Volunteer Infantry. He was then a resident of Saint Louis, following the vocation of a clerk and bookkbeper, and was of robnst health. He The report is as follows : was an excellent soldier and did good service, having been promoted to orderly sergeant for meritorious conduct. He was engage ' 1882. CONGRESSIONAL RECORD-HOUSE. 3663: labor. The origin of his disability, and its connection with the performance of his The bill was read, as follows: duty, are thus set forth upon his hospital ticket by B. F. Gibbs surgeon, United States Na.vy: "NielNielsson, o. sea., October29,nat. Norway, admitt{ldinto naval · Be it enacted, &c., That the Secretary of the Interior be, and is hereby, authorized.. hospital Pensaeola September 21, 1863, affected with feb. intermit., which he con and directed to place on the pension-roll the name of Priscilla Decatur Twig~s, tra-cted m1 the Mississippi1 River. His disease originated in line of duty." widow of Major Levi Twi~gs, late of the United States Marine Corps, who fell Very respectfully, your obedient servants, while leading the storming party at Chapultepec, at $50 per month, instead of $25 ' THOMAS L. SMITH, Surgeon. as it now stands, to date from and after the pa-ssage of this act. B. VREELAND, Surg~on. The repo;-t of the committee iB as follows: Surgeon W. WHELAN, ffhief of Bureau Medicine and Surgery, Washington, D. a. The Committee on Pensions, to whom was referred the petition of Priseilla De catur Twigj!;s, widow of the late Major Levi Twiggs, report the same ba-ck, with '.rhe committee further find that said Nielsson was borne upon the rolls of the the accompanying bill, and recommend its passage. revenue cutter Seward as seaman from October 1, 1871, to March 1, 1872, and as In support of tliis recommendation, your committee call attention to the letter master.at-a.rms from March 1 to October 7, 1872, and that during said service he of the petitioner herewith and made a part of this report, marked .A.; also to the · lost an arm by the premature discharge of a defective gun, while in the line of official statements B and C, made a part of this report. duty, as shown by papers herewith, marked B, C, and D, respectively, and made a part of this report. A. B. FEBRUARY 27, 1882. TREASURY DEPARTlllL~T, March 25, 1882. Sm: I noticed a few days ago a resolution had been introduced by Senator · Sm: I have the honor to acknowledge the receipt of your communication of GoRMAN askin~ an increase of pension for Mrs. Dulany to $50 a month, upon what the 23d ultimo, in which you inquire whether the records of this Department con grounds I am Ignorant, but imagine I have equally strong claims for asking a. firm the statements made in the accompanying papers of Neil Neilsson. similar increase. In 1·eply I have respectfully to state that the records of this Department show During the war with Mexico, Major Twiggs and Major Dulany were in the - that Neil N eilsson was borne upon the rolls of the revenue-cutter Seward, as sea same brigade, Major Twiggs being the senior. :My husband fell at the head of his . man from October 1, 1871, to March 1, 1872, and as master-at-arms from March 1 to command at the storming of Chapultepec. October 7, 1872, at which time he was discharged by reason of his term of service At the commencement of the war with Great Britain in 1812, Major Twi~gs ~ having expired. The records further show that on the 30th of May, 1872, while entered the service and was appointed a lieutenant in the Marine Corps; was With. firing a salute under the direction of his superior officer, his wrist was shattered my uncle, Commodore Decatur, on board the United States frigate President dur by tlie premature discharge of a gun, and that he was immediately thereafter sent ing the engagement with the British fleet, and whose services are thus mentioned[ to the marine hospital at Wilmington, North Carolina. by Commodore Decatur in his official letter to the Secretary of the Navy : ''Lieu The reply has been delayed with a view to obtain further information as to the tenant Twiggs, of the marines! displayed great zeal; his men were well supplied, extent of the in,jury, but on reference to the marine-hospital records they are found and their fire incomparable so 011~ a!j the enemy continued within mnsket-range." to be meager, and fail to furnish more definite information. In 183~'37 Major Twiggs was agam engaged in active service in the Seminole war- The papers submitted by you are herewith returned. in Florida. • Very respectfully, I imagine few have stronger claims upon the liberality of the Government than , CHAS. J. FOLGER, Secretary. I have, every male relative having been in the United States service; my grand Ron. G. W. STEELE, father, Commodore Decatur, sr., having been in the French war; his two sons . ffhairman Sub-committee on Penawns, HottBe of Representatives. also held commissions in our Navy. Commodore Stephen Decatur, jr., distin· guished himself by recapturing and burning the frigate Philadelphia, in the har c. oor of TriJ?Oli, in which engagement his brother, James S. Decatur, was killed. To the Senate and Hotl.Be of Representatives of the United States of America: Again, durmg the war with Great Britain, in 1812, he further distinguished him The petition of Niel Nielsson, of the city and county of Philadelphia, St.'l.te of self by capturing the British frij!;ate ::Macedonian. Pennsylvania, res:pectfully represents: My father, Captain James McKnight, was in the Marine Corps at the time of ~ That your petitioner is twenty-nine years of age ; that in the fall of the lear his death. Both my brothers were lieutenants in the Navy; the elder, Lieutenant 1871 he shipped for one year by regular enlistment in the revenue service o the Stephen D. McKnight, wa-s with Commodore Porter on board the Essex, and was United States of .America, and was shipped at tha.ttimeon board the United States afterward lost at sea on board the United States sloop-of-war Wasp. .As before revenue-cutter William H. Seward as a seaman, from which post he was promoted stated, my husband fell at the storming of Chapultepec, $l.Dd my only son, George · to that of master-at-arms ; that he dutifully and activel~ served in that capacity D. Twig~s. was killed in an engagement one month previous, he bemg on his way until the 30th day of May, A. D. 1872, when the followmg described ilisaster to to join his uncle, General D. E. Twiggs, as his aid. him occurred: it was •· Decoration Day " and they were lying in the port of Wil Under these circumstances I feel I may with justice ask an increase of pension, mington, North Carolina, and the captam,1 John Carson, received orders from the having been in the receipt of only $25 a month since my husband's death; and be United States collector of the :port to fire continuous salutes of minute-~. ing now in my eighty-first year, it must be quite apparent it can only be required. Your petitioner and the boatswam of the cutter were detached by the captain to for a very brief period. fire one gun. After the second discharge the boatswain placed his thumb upon Very respectfully, &c., PRISCILLA D. TWIGGS, the vent and your petitioner proceeded to ram the charge, when from causes un 239 Maryland avenue, Baltimore, Maryland. known the gun was prematurely discharged, carrying away your petitioner's right Ron. ROB:&RT M. McL.u.--n. hand. He was therefore honorably discharged, and since that time he has found it extremely difficult to support himself, and he has never received any relief from B. the United States Government or any of its departments. HEADQUARTERS MAR~'E CORPS, COllli:.LWA...~T ' S OFFICE, There being no provision made in the law by which he may obtain a pension, Washington, D. a., March 20, 1882. (he having been in the revenue service,) he therefore prays special relief from your Sm: In obedience to the Department's request, I forward an official state- honorable bodies. He is a citizen of the United States, and was so at the time of ment of tb.e services of M3c.ior Levi Twiggs, in the United States Marine Corps, the above-named accident. • from date of entry to death. NIEL NIELSSON. It affords me great pleasure to add my testimony as an eye-witness to his gal We, the undersigned, citizens of Philadelphia, State of Pennsylvania, members lant-conduct at the moment he was killed, while bravely leading his men to the · of the Seamen's Friend Society, pastor of the old Eastburn Church, and others, assault of the works at the base of the Castle of Chapultepec. do hereby certify that Neil NielSson, whose petition for relief as indorsed here I was within a. few feet of him a.t the moment, and witnessed his instantaneous. with, is a sober, "honest, and industrious citizen, is poor and deserving of the a.id death. He bore the character of a brave and zealous officer, and his services in for which he prays ; that his statement accompanying this is true, and we pray of the war of 1812 and in Florida and Mexico, in my opinion, entitle his widow not... you a favorable consideration of the s:~id petition. only to an incre~tse of pension as asked, but to arrears for the years since his death. HENRY D. SHERRERD She was deprived in a. month of her husband tnd only son, both killed while · President Pennsylvania Seamen's Priend Society. brnvely fighting for the honor of the flag: and with the long record of other near A. VINCENT GROUP, relatives in the Navy and Marine Corps, which I know to be oorrect, she truthfully HisPastlfr. states that no one has stronger claims upon the liberality of the Government than. CHARLES H. T. COLLIS, herself, which her exemplary character through life greatly strengthens. Oity Solicitor, Phila/Ulphia. I trust her petition may be granted. .LOUIS DOZIER, Very respectfully, your obedient servant, 341 Walnut street. C. G. McCAWLEY, J .AMES POLLOCK, Colonel Comm~ndant. United States Mint, Philadelphia. Ho.n. W. H. HUNT. THEODORE CUYLER, Secretary of the Navy, Washington, District 'lf Columbia. 704 Walnut street, Philadelphia. W. S. STORTHY, c. HENRY T. BRIGHAM, HEADQUARTERS MARINE CORPS, CHARLES P. CLARKE, ADJUTANT AND INSPECTOR'S OFFICE, 142 South Fourth street. Washington, D. a.,March21, 1882. The subscriber respectfully recommends the petition of Niel Nielsson to the SIR: In reply to the request of the honorable Secretary of the Na~ for a full" repoxt of the service of the late Major Levi Twiggs, United States :Marme Corps, favorable consideration of Congress. JOHN C.A..DW AL.A..DER. referred by you to me, I have thenonor to state as follows: Major Levi Twiggs was commissioned second lieutenant United States Marine· IN THE SENATE OF THE UNITED STATES. Corps lOth Novemoer, 1813 ; promoted first lieutenant 18thJune,1814; captain by January 20, 1873. brevet 18th J nne, 182i; captain, 23d February, 1830; major, 15th November, 1840; :Mr. BAYARD asked and, by unanimous consent, obtained leave to bring in the killed in battle 13th September, 1847, at storming of Cha.pultepec, :Mexico. He following bill; which was read twice, referred to the Committee on Pensions, and was continuously in service from the date of his first commission to the date of· ordered to be printed: his death, and took part in three wars of the United States. His total sea service , · A bill for the relief of Niel Nielsson. was about three years. Be it enacted by the Senate and HOtt8e of Representatives of the United States of In the engagement between the President and the Endymion (war of 1812-'14) .America in Congress assembled, That the name of Niel Nielsson, of Wilmington, Lieutenant Levi Twiggs, commanding the marines of the former vessel, particu Delaware, late master-at-arms on board the United States revenue-cutter Seward, larly distinguished himself. (.Aldrich, History United States Marine Corps, page · be placed upon the pension list, at the rate of $8 per month, said pension to com 58.) mence May 30, 1872. Captain Levi Twiggs was an officer of the battalion of marines which bore a.n . After dUly considering all of the foregoing facts, your committee report the bill honorable and highly important part in the battle of Hatchee-Lustee, and partici back as amended, and recommend that it do pass. pated in arduous campaigns under Gener:ll Jesup in the Indian war in Florida in 1836-'37, and received from him the highest commendations. The amendment of the committee was to strike out "1872" and Major Twiggs was selected, to my personal-knowledge, to lead the stornring · insert "from and after the passage of this a-ct." party at ChapUitepec, Mexico, on account of his well-known gallantry and devo The amendment was agreed to ; and the bill as amended wtts laid tion to duty, and fell in the performance of that duty, in my presence. ~or-General Quitman, United States Volunteers, in his report dated at the aside to be reported to the House with the recommendation that it National Palace, city of Mexico, September 29, 1847, gives the following account do pass. of the work accomplished by the marines, under the lead of Major Twiggs, in that PRISCILLA DECATUR TWIGGS. action: · . ''During the day I succeeded under cover of our batteries in making an import The next pension business on the Calendar was the bill (H. R. No. ant reconnaissance of the grounds and works immediately at the base of the castle. 5998) for the relief of Priscilla J?ecatur Twiggs. The supporting party on this recon.naiasanoe was comm.anded by the late Major · :3664 CONGRESSIONAL RECORD-HOUSE. MAY 5, Twigg11, of the marines, and sustained during the observation a bri~k. fire from the death or to his rank at some former time dnrinu his service when the disease was batteries and small arms of the enemy, who, when the party were retirmg, came out supposed to ha.~e been contracted. Under a rnhngof the Department it appears . ~f the works in large numbers and, aJtboog~ repeatedly c.hecked ~y the fire of o"!ll" to be held that the pension sboold correspond to the rank when the disease which troops continued to advance as the supporting party retrred until they were dis ultimately caused death was contracted; and it was held in this case that the dis persed with considerable loss bv several discharl!es of canister from the guns of Cap ea-se was contrar.ted or originated in 1853, at which time Commander West was ., tain Drum's battery and a well:directed fire from th~ right of the Seco~d Pennsyl va.- treated for rheumatic fever . . nia Regiment, posted on the flank of the battery fonts support. Dnrmg the day my " • The medica] records of the Navy Department are very full in this case, and it -oommand was re-enforced by a select battalion from General Twigg's division, in- allpears that the officer was frequentlyundertre~tment for short periods all throo~~;h tended a-s a storming party, consisting of thirteen officers and two hundred and his service, and that from an early period in his service he suffered occasionally •fifty men and non-commissioned o~cers and pri_vates, chosen for.this service out with acute attacks of cardiac neuralgia, and during the intervals was seldom free of the Rifles First and Fourth Re~ents of Artillery, Second, Third, and Seventh from a dull pain about the heart with sharp pains shooting aJon~ the bronchial Regiments of Infantry, all under tne command of Captain Silas Casey, Sl'lcond In- nerves. It would seem!...however, that his condition was not sufficiently bad to fantry. · . . prevent his rendering emcient service, until finally, in 1879, hi~ rheumatic disease "At dawn on the morning of. the 13th the batteries a.~am opened an active and terminated in death. There appear to be no data of value as to when the disease effective fire upon the castJ.e, which was returned by rue enemy with Rpirit and occasioning death did originate, and your committee are of the opinion that the some execution, disabling for a time the eighteen-pounder in Battery No.1. and pension should correspond to the rank when the final attack took place which occa- killing one oftbe men at the guns. During this cannonade active preparations were sioned his death.' " · made for the assault on the castle ; ladders, pickaxes, and crows were pla<;ed in The committee adopt the foregoing report; recommend that the bill be amended t~e hands of a pioneer storming party of select men from the volunteer division, by adding thereto the words " the same to be in lieu of the pension which she is under command of Captain Reynolds, of the Marine Corps, to accompany the storm now receiving, and to commence from the passage of this act," and, as thus ing party of one hundred and twenty men, which had been selected from all corps amended, pass. ·()f the same division and placed under the command of Major Twiggs, of the .marines. The amendment of the committee was agreed to, and the bill as ''Perceiving that all the preliminary dispositions were made, Major Gladden amended was laid aside to be reported to the House with the recom with his regiment having pa sed the wall by breaching it, the New York and Penn mendatio·n that it dopa s. sylvania. regiments having entered over an abandoned battery on their leftJ and tile battalion of marines being posted to support the storming parties, I oraered HE~""RY N. GUNN. the assault at all points. "The storming parties, led by the gallant officers who had volunteered for this The next pension business on the Calendar was the bill (H. R. No . . desperate service, rushedforwardlike a resistless tide. The Mexicans behind their 2635) granting an increase of pension to Henry N. Gunn. batteries and breastworks stood with more than usual firmness. For a. short time .the contest was hand to hand; swords and bayonets were crossed and rifles clubbed. The bill was read, as follows : Resistance, however, was vain against t_he desperate valor of our brave troops. B1 it enacted, de., That the Secretary of the Interior be, and he is hereby, The batteries and strong works were earned, and the ascent of Chapultepec on that authorized and directed to increase the J.>ension of Henry N. Gunn, late a member side laid open to an easy conquest. of Company B, Seventh Reginlent Michigan State Volunteers, to $18 per month. "In these works were taken seven pieces of artillery, 1,000 muskets, and 550 _prison:rs, of who~ 100 were ~fficers, am~ng them on.e general a!'-d ten colo~els. The amendment of the committee was to strike out " eightee-n" and insert "ten." "The command of the storming party from the volunteer division devolved on The amendment was a~rreed to, and the bill as amended was laid Captain James Milles, of the Second Pennsylvania Re~ent, by the death of its chief the brave and lamented Twiggs, of the Marine IJorps, who fell on the first aside to be reported to the House with the recommendation th~t it advaltee at the bead of his command. do pass. "Captain Roberts, of ·the rifle regiment, who had led the advance company of NORTON L. ~'EWBERRY. the storming party at Chepultepec, and had greatly distinguished himself during ·the precedirig day, was detailed by me to plant the Star-Spangled Banne~ of our The next pension business on the Calendar was the bill (H. R. No. country upon the national palace; The flag, the first strange banner wh1ch had 2634) for the relief of Norton L. Newberry . .£ver waved over that palace since the conquest of Cortez, was displayed and .saJuted with enthusia-sm by the whole command. The bill was read, as follows : "The palace, already crowded with Mexican thieves and robbers, was placed Be it enacted, de., That the Secretary of the Interior be, and he is hereby, au in charge of Lieutenant-Colonel Watson, with his battalion of marines. By his thorized and directed to increase the pension ofNortonL. Newberry, late a mem . active exertions it was soon cleared and guarded from further spoilation." ber of ComJlany A, Fourth Regiment United States Light Artillery Volunteers, Adjo~nt B~ker is mentioned by the general "as COD.8picuons for his bravery from $8 to $24 per month. •and etfimency. The letter of the honorable Secretary and accompanying papers are returned The n,mendment of the committee was to strike out "eight" and herewith. insert "eighteen," and to strike ont "twenty-four" and insert Very re pectfully, your obedient servant, "twenty-two." AUG. S. NI"CHOLSON, The amendment was agreed to ; and the bill as amended was laid Major,· United States Marine Corps, Adjutant and Inspector. aside to be reported to the House with the recommendation that it The COLONEL COMMANDANT Ul