1882. CONGRESSIONAL RECORD-SENATE. 3493 protesting agaimt the repeal of the tax on matches-to the Com- County, Iowa; the petition of :M. V. Burdick and others, of Alla.ma mittee on Ways and Means. . kee County, Iowa; and the petition of Judge C. T. Granger and three By Mr. PEELLE: The petition of Robertson & PelTy and others, attorneys of Allamakee County, Iowa, prayin~ for the pa age of t.he merchants of Indianapolis, Indiana, protesting against the repeal of bill for the establishment of a term of the Urn ted States district and the tax on matches-to the same committee. , circuit court in l\la on City, Iowa. As the petitions relate tp a bill By Mr. ROBERTSON: The petition of citizens of Fridge's Store now pending before the Judicjary Committee, I move their re-ference and Magnolia, Louisiana, for the restoration of fractional currency to that committee. to the Committee on Banking and Currency. The motion was agreed to. Also the petition of citizens of Fridge's Store and Magnolia, Louis Mr. PLIDlB presented three petitions of citizens of Kansas, in favor iana, for the construction of a ship-railway aero s the Isthmu of of an appropriation for education in the Territory of Alaska; whlch Tehuantepec-to the Committee on Foreign A.fi"airs. were referred to the Committee on Education and Labor. By Mr. SIMONTON: The petition of the board of health of Ten Mr. SEWELL presented the :petition of Surgeon-General Josepb. nessee, for Government aid to prevent overflow of the Mississippi K. Barnes, .Adjutant-General R. C. Drum, Inspector-General D. B. River-to the Committee on Levees and Improvement of the Missis Sa.ckett, Assistant Surgeon-General C. H. Crane, ChiefMedicalPux sippi River. veyor J. H. Baxter, and 5lieutenant-colonels, 7 majors, 14 captains, By Mr. STOCKSLAGER: The petition of 200 citizens of Clark 6 lieutenants, making in all37 officers of the Army, praying for -the County, Indiana, asking that a pension be granted to John Rial-to passage of the bill for compulsory :retirement; which wasrefe.tred to the Committee on Invalid Pensions. the Committee on Military Affair . By Mr. THOMAS: Papers relating to the bill to authorize the pay Mr. D.A VIS, of West Virginia, pre ented a petition of citiz~ns of ment of prize-money to the captors of the steamboat New Em No.5 Monongalia County,West Virginia, praying for national aid to com and cargo-to the Committee on Naval Affairs. mon schools; whic~ was referred to the Committee on Education By Mr. H. G. TURNER: The petition of W. M. Adams and 354 and Labor. others, citizens of Miller County, Georgia, for an appropriation for Mr. ANTHONY. I present resolutions of the General Assembly of educational purposes-to the Committee on Education and L:\bor. the State of Rhode Island, stating that they recognize tbe paramount By Mr. UPSON: The pet ition of citizens of San Antonio, Texas, importance of an intelligent ballot, and view with serious apprehen for an appropriation for educational purpo e -to the same commit sion the growth and extension of the illiterate vote of the country, tee. and recommending such legislation as will enable the States of the By Mr. 'VILLIS: The petition of Kn,thariuo Bender, and of John Union, in proportion to their illiterate population, to establish and D. Ra:v, for a pension-t() the Committee on Invalid Pensions. maintain a sufficient number of schools for the education of youth. By ~fr. WALTER A. WOOD: The petition of citizens of Troy, I move the reference of the re 'olutions to the Committee on Educ$1, New York, for the pas age of a bill to establish a uniform system of tion and Labor. bankruptcy throughout the United States-to the Committee on the The motion wa agreed to. Judiciary. Mr. FERRY presented the petition of Lucy T. Stansell and o~er Bl Mr. YOUNG: The petition of J. & M. Custy and H. W. Hoops, residents of l\lanistee, Michigan, pr~ying for the passage of a law for of 1\ew York City; of Shryock & Co. and 29 other busine firms of the adoption of a sixteenth amendment to the Constitution extend Louisville, Kentucky ; of A. Berga and 18 other business firms of ing to women the right of suffrage; which was referred to the Select Kansas and Missouri; of C. B. Yetzgor and 23 other business firms Committee on Woman Suffrage. · of Pennsylvania; of George Parsons and 34 other bu ine firms of He also presented the memorial of Lucy T. Stansell and other resi lllinois and Kentucky; of Frank E. Block and 47 other busine s dents of Michigan, protesting a~ainst the admission of Dakota into firms of Atlanta, Georaia; of Samuel Robinson and 8 other business the Union as a State unle s the nght of suffrage therein be conferred firms of Providence, Rhode Island, and of S. C. Bigg , of Chicago, upon women ; which was referred to the Committee on Te~itories. lllinois, and 4 other business :firms in the State of Ohio, for the pas Mr. HOAR p1·esented the petition of Bridget Adams, of W oreester, sage of bill to tax glucose five cent per pounii-severally to the Com-. l\la-ssachusetts, praying for the removal of the charge of desertion mittee on Ways and Means. agaiust her husband, Daniel Ad:tms, late a private in the Thirty-fust Regiment :Massachusetts Volunteers, and that she be allowed a pen sion ; which was referred t() the Committee on Pensions. CO::\DllTTEE ON MILITARY AFFAIRS. SENATE. l!fr. HARRISON. I am directed by the Committee on Jtiilita.ry Affah·s to ask leave of the Senat.e to sit during tho sessions of the TUESDAY, May 2, 1882. Senate. . There are some matters pending before it which make the Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. request nece sary. The Journal of yesterday's proceedings was read and approved. The PRESIDENT pro temp01·e. Is there objection to the tequeat of the Senator from Indiana ' The Chair hears none, and leave is PETITIO~S AND 1\IEMORIALS. granted. Mr. ALLISON. I present resolutions of the city council and the Board of Trade of :Mason City, Iowa; the petition of W. V. Lucas, REPORTS OF COlllriiTTEES. auditor of the State of Iowa, H. G. Parker, State senator, and other Mr. l\1AXEY1 from the Committee on Military Affairs, to whom was citizens of Iowa ; a petition of 18 members of the house of representa referred the bill (S. No. 1731) to authorize Dr. Walter l!eedJ of the tives of the State of Iowa ; a petition of 20 citizens of Hancock United States Army, to receive the pay allowed by law for discharg County, Iowa; anothe1· petition of 20 citizens of Hancock County, ing the duties of physician to the White Mountain ,Apache'mcli'ans Iowa; a petition of 33 citizens of Worth and other counties). Iowa; on the San Carlos Indian reservation, Arizona, submitted an adverse a petition of 20 citizens and business fum of Osage, Mitchell \Jounty, report thereon, which was ordered to be printed ; and the bill was Iowa; a petition of 20 attorneys and business men of Mar halltown, postponed indefinitely. Marshall Count.y, Iowa; a petition of 54 citizens and busine firm He also, from the same committee, to whom was referred the bill of Winnebago County, Iowa; a petition of the attorneys of Eldo (S. No. 1645) to authorize Dr. C. E. Price, of the United States .Aimy, rado, Iowa; a petition of 21 citizens and business firms of Winne to 1·eceive the pay allowed by law for discharging the duties of phy shiek County, Iowa; a petition of the attorneys of .Ackley, Iowa; a ician to the Hoopa Valley Indian reservation, submitted an adverse petition of38 citizens and business firms of Franklin County, Iowa; report thereon, which wa ordered to be printed; and the bill was a petition of 7 attorneys of Hampton, Franklin County, Iowa; a peti postponed indefinitely. tion of 17 citizens of Franklin County, Iowa ; a petition of 13 citizens He also, from the same committee, to whom was referred the bill of Floyd and Cerro Gordo Counties, Iowa; a petition of 23 citizens of (S. No. 1600) authorizing recruit in the Army to _purchase ori credit Floyd County, Iowa; a petition of 20 citizens of Floyd County, Iowa; certain articles necessary for their cleanliness and comfort, rej)Oried a petition of citizens of Clayton County, Iowa; a petition of 20 citi it with amendments; and u.bmitted a report thereon, which was zens of Greene County, Iowa; a petition of 20 citizens of Butler ordered to be printed. County,Iowa; apetitionofl9citizensof BlackHawk County, Iowa; Mr. MORRILL, from the Committee on Finance to whom V{~S a petition of 32 citizens of 'Vaterloo, Black Hawk County, Iowa; a referred the bill (S. No. 561) for the relief of Robe;£ Stodart Wyld. petitio1!lof20citizensandbusine sfum of BlackHawk County,Iowa ; reported it without amendment; and submitted a report thereon, a petition of 42 citizens of Buchanan County, Iowa; a petition of 30 which was ordered to be printed. . citizens of Delaware County, Iowa; a petition of 26 citizens and l\lr. PLATT. The Committee on Pensions, to whom was referred business firms of Dubuque County, Iowa; a petition of 16 citizens the petition of Mary C. Thompson, widow of the late Dr. Fillnlore of Chickasaw County, Iowa i a petition of 51 citizens of Ceno Gordo Thompson, of Hot Springs, Ark ansas, praying to be granted a pen County, Iowa; a petition of 19 cit~ens and business firms of Cerro sion on account of services rendered the United States bv her hus Gordo County, Iowa; a petition of 16 citizens of Cerro Gordo County, band during tbe late war, have instructed me to report uiifavorably Iowa; a petition of 19 citizens of Cerro Gordo County, Iowa; a peti upon it, but the Senator from Arkansas [Mr. GARLAND] desires that tion of 20 citizens of Cerro Gordo County, Iowa i .a second petition it shall be placed on the Calendar. I do not know exactly whn.t of 20 citizens of Cerro Gordo County, Iowa; a third petition of 20 there is that can go on the Calendar at the present time, ~ I de citizElns of Cerro Gordo County, Iowa; another petition o:f 19 citi sire to accommodate him in that respect. I suppose the report may citizens of Cerro Gordo County, Iowa; a petition of 17 citizens of go on the Calendar. Cerro Gordo County, Iowa ; a petition of 2'2 cit:izens of Allamakce The PRESIDENT p ro tempore. petition cannot be placed on tho 3494 COl ~ GR. ESSlONAL RECORD- ENATE. MAY 2,. .
Calendar, but the report may ue accompanied by a. resolution, which Trunk Railway Company of Canada, to ubmit an adverse report may go on the Calendar. thereon. Mr. PLATT. !.will put it in proper shape to go on the Calendar. Mr. CON'GER. I a k that th bill be placed on the Calendar. The resolution was ordered to lie on the table, as follows : The PRESIDENT p1·o tempore. At the request of the Senator from Reso'tved That the Committee on Pensions be discharged from the further con Michigan, the bill will be placed on the Calendar. sideration of the petition of Mary C. Thompson, widow of the late Th·. Fillmore · Mr. BA.YARD. Let the report be printed. Thompson, praying for a pension. The PRESIDE~TT pro tempol'e. The report will be printed, as all reports a.re printed. Mr. PLA.TT, from the Committee on Pensions, to whom was referred the bill (H. R. No. 2260) granting a pension to Thomas CUSTOll-HOUSE LOT A.T BERliODA II1i:~·a>REJ.). J. Cofer, reported it without amendment; and submitted a report 1\lr. PLUMB. The Committee on Public Lands have had unuer thereon, which was ordered to be printed. consideration the bill (H. R. No. 4133) to authorize the sale of cer He also, from the same committee, to whom was referred the bill tain property at Bermuda. Hundred, in the county of Chesterfield, (S. No. 1795) for the relief of Jeremiah D. Plumley, reported it with in the State of Virginia, and have directed me to report it favora out amendment; and submitted a report thereon, which was ordered bly, and to submit a report thereon. I believe I will ask for the im to be printed. mediate consideration of the bill. It ha pa ed the House. It in :Mr. SHERMAN, from the Committee on Finance, to whom was re volves the sale of a half acre of ground only at Bermuda Hundred, ferred the bill (S. No. 690) for the relief of Harry I. Todd, late keeper which has been the property of the Government ince 1790, and which of the Kentucky penitentiary, reported it without amendment; and has been rented during the time which has elap ed since then for submitted a report thereon, which was or~ered to be printed. merely a nominal rental. The Government ha no use for the ground, Mr. BLAIR, from the Committee on Pensions, t~ whom was re as shown by the communications of the Government officials, and ferred the bill (H. R. No. 1288) granting a pension to Mary Blowers, the bill ought to be disposed of now. reported it without amendment; and submitted a report thereon, By unanimous consent, the bill wa considereu as in Committee which was ordered to be printed. of the Whole. It directs the Secretary of the Treasury to still, either Mr. BLAIR. I am directeu by the Committee on Pensions, towhom at public or private sale and on such terms as he may deem best, a was referred the bill (H. R. No.1430) granting a pensi-on to Cornelia certain ha.lf-acre lot of unimproved land situated at Bermuda Hun A. Sbu:ltz, to report it unfavorably. I ask that the bill be placed on dred, in the county of Chesterfield, in the State of Virginia, and the Calendar. There is a Senate bill, also reported unfavorably by known as the "custom-house lot." the committee, on the Calendar, and I should like to have the two Mr. PLUJ\fB. The report hll.d better be reau. consideroa together. The PRESIDENT pro tempore. Th report will be read. The PRESIDENT p1·o tempo1·e. The bill will be placed on the Cal- The Acting Secretary read the report, a follow : endar with the adverse report of the committee. · • The Committee on Puhlic Lands, to whom wa referred the bill (H. R. No. 4133) Mr. SLATER, from the Committee on Pensions, to whom was re providing for the s'l.le of a certain lot of ground locat.ed at. Bermuda Hundred, Vir ferred the bill (S. No. 1470) for the relief of Caroline E. Cole, sub ginia, belonging to the Government, having considered the same, respectfully mit~ an adverse report thereon, which was ordered to be printed; report: That the property in que tion consi ts of a half-acre lot of unimproved ground and the bill was postponed indefinitely. belonging to the Government, located at Bermuda Hundred, Virginia, and com Mr. GROOME from the Committee on Pensions, to whom was re monly known in that vicinity as the custom-house lot, it having been deeded to ferred the bill (S. No. 1091) granting a pension to John F. Reeves, the United States in April, 1790, and set apart for a site for the erection of a ens submitted an adverse report thereon, which was ordered to be tom-house, which it was then supposed would be needed at or near that place. The Supervising Architect of the Treasury Department, in a letter which is sub- printed ; and the bill was postponed indefinitely. . mitted herewith, reports thl\t this property has not been occupied for any GoT" He also, from the same committee, to whom was referred the bill ernment purpose for many years, and has been leased at a. nominal rental of $1 per (H. R. No. ~) authorizing a duplicate check in payment of pen annum for some time. He aJ.so sta t.es that it appeared some years since that there sions to William A. Gardner, of Frederick County, Maryland, in lieu was no probability of its ever being required tor any Government use, and the supervising architect, in his annlV\1 report for 1875, recommended its sale. The of one lost, reported it without amendment; and submitted a report present supervisin~ architect makes :1 similar recommendation, and thinks it theroon, which was ordered to be printed. would be for the interest of the Government to sell the property, as there is no He also, from the same committee, to whom was referred the bill likelihood of its being required by the GoT"ernment for any purpose. The prop (H. R. No. 3071) for the relief of Charles H. Frank, reported it with erty is desired for the terminus oia railroad, running from the coal mines in Ches terneld County, Virginia, and the committee think. it would be forthe int-erests of out amendment; and submitted. a report thereon, which was Ol'dered the Government to authorize the sale of the property, under proper restrictions, to be printed. and they therefore report back the bill, and recommend its passage. Mr. COCKRELL, from the Committee on Military A.ffairs, to whom TREASURY DEPA.RTMRNT, was referred the bill (S. No. 335) to extend the time for filing claims OFFICE OF THE SUPERV'ISIXG ARCHITECT, for horses and equipments lost by officers and enlisted men in the February 3, 1882. service of the United States, and forotherpurposes, reported it with Sm: I have the honor to acknowledge the receipt by your reference of the 31st ultimo of a communication addressed under date of January 24. 1882, to the honor out amendment; and submitted a report thereon, which was ordered able G. D. Wise, of the House of Representatives, by James T. Werth, superin· to be printed. t.endent and treasurer of the Brighthope Railway Company of Richmond, Virginia, He also, from the same committee, to whom was referred the bill with reference to obtaining permission for the said company to occupy with its (S. No. 773) for the relief of Eugene C. Johnson, submitted an ad tracks a certain tract 'Of land belon~g ro the United States, known as "the en - tom-house lot," locat-ed at Bermuda .Hundred, Virginia. verse report thereon, which waR ordered to be printed; and the bill In obedience to your instructions the following statement with reference to this was postponed indefinitely. property is respectfully submitted, namely: He also, from the same committee, to whom was referred the bill (S. The premises consist of one-half a{lre of unimproved land. The deed conveying No. 1717) for the relief of Eliza Francesco, reported it with ap:1end ~~fifog;~ ~n?t!PS/1~! ~tail:! ~:If~~~~f1l!~tri~l~r~~~J~~:i~.0i~ ments; and submitted a report thereon, which was ordered to be is presumed thatthepropertywasacquiredforcustomspurposes. It has not, how :printed. - ever, been occupied for any Government use for many years, and has been leased Mr. McDILL, from the Committee on Public Lands, to whom was at a nominal rental of $1 per annum for several years. It appeared ome years since that there was no probability of its ever being required for any Government referred the bill (S. No. 1272) to create an additional land district use, and Supervising Architect Potter, in his annual report for 1875, recommended in the Territory of Dakota, reported it with an amendment; and its sale. .The corporation making this application made a similar request in March, submitted a report thereon, which was ordered to be printed. 1881, which was declined by Department letter dated Aprilll, 1881, for tho reason Mr. SEWELL, from the Committee on Military Affairs, to whom that the permission asked "could not be granted without authority from Con~ess." This property is of little value, is of no use to the United States, and as tnere is no was referred the bill (H. R. No. 1957) for the relief of Wallace ,V. likelihood of its being required at any futnrel-time for Government purposes I am Screws reported it without amendment. of the opinion that it~ ould be in the interest of the Government to sell it, and to He ai;;, from the same committee to whom was refex:red the bill this end would suggest that you recommend to Congress the passage· of an act (S. No. 804) for the relief of John Clancey, reported adversely authorizing its sale. F. Very respectfully thereon; ib.d the bill was postponed indefinitely. JAS. G. HILL, Mr. CAMERON, of Wisconsin, from t.he Committee on Public Build upcrvill-i'fi(J Architect. ings and Grounds, to whom was referred the bill (S. No.1703) to cede Hon. CH.A.RLE J. FOLGER, ecretary of the Treasury. to the first taxing district of the State of Tennessee a certain lot of land situated in said State, reported it with amendments. HOGSE OF REPnE ID!T .A.TIVE , Mr. MITCHELL, from the Committee on Pension , to whom was Washington, D. 0., March 10, 188:?. / referred the bill (H. R. No. 2141) granting a pension to Martha A. DRAB SIR: Several weeks ago I introduced a bill for the sale of a :half.acre lot of Lewis, submitted an adverse report thereon, which was ordered· to land at Bermuda Hundred, in the county of Chesterfield, in the State of Virginia. The owners of a railroad running from coal mines in Chesterfield Connt~T to the be printed; and the bill was postponed indefinitely. James River are very anxious to secure this lot, and in their interest I am anxious Mr. VAN WYCK. I am instructed by the Committee on Pensions, to have a report as early as possible. The lot was granted to the Governmeut for to whom was referred the bill (S. No. 1~42) granting an increase of a custom-house in the early
TREASURY DEPARTMK!\'T, February 4, 1882. A bill (S. No. 328) to pro>ide for the sale of the lands of tho Miami MY DEAR Sm: I hand you herewith a paper from one of the bnreaus. I do not Indians in Kansas. like to make suggestions for lepslation save in an annual report, and so do not The message also announced that the House had pas ed the bill -<:aYe t() fo::low out the concludmg recommendation in the paper. Yet it may, I think, aid you before a committee if you feel inclined to introduce a bill for the (S. No. 24)forthe erectionofapublicbuildingat Denver, Colorado. .sale of the land. ENROLLED BILLS SIGlo."ED. Respectfully, &c., CHAS. J. FOLGER, The mes age further announced that the Speaker of the Honse had Secretary of the Treaifu1"y. signed the following enrolled bills; and they were thereupon signed Hon. G. D. WISE, M.a. by the President pro tempore : . The bill was reported to the Senate without amendment, ordered A bill (H. R. No.1049) to promote the efficiency of the Life-Saving 1.o a third reading, read the third time, and passed. Service, and to encourage the saving of life from shipwreck; and A bill (H. R. No. 3548) making appropriations for the service of MORTOX MOXUME~"TAL ASSOCIATIOX. the Post-Office Department for the fiscal year ending June 30, 1883, Mr. COCKRELL. I am instructed by the Committee on Milita.ry and for other purposes. Affairs to report back to the Senate favorably, with amendments, BILL D"TRODl..TCED. the joint reselntion (H. R. No. 96) granting condemned cannon to the Morton Monumental Association. :Mr. HOAR asked and, by unanimous consent, obtained lea>e to Mr, HARRISON. I ask the consent of the Senate to pass the joint introduce a bill (S. No. 1812) for the relief of Michael H. Collins; resolution at once. which was read twice by its title, and, with the accompanying paper, Mr. COCKRELL. I hope the reque t will be granted. It is a referred to the Committee on Patents. House resolution, with slight amendment , and will have to go back 1\fr. GROOME asked and, by unanimou consent, obtained leave to the Honse. to introduce a bill (S. No.1813) for the relief of Edmund Wolf; which By unanimous consent, the Senate, as in Committee of the Whole, was read twice by its title, and referred to the Committee on Claims. proceeded to consider the joint resolution which was reported from :Mr. Mc.MILLA.l~ asked and, by unanimous consent, obtainedlea-.e -the Committee on Military Affairs with amendment , in line 5, after to introduce a. bill (S. No. 1814) vacating the Fort Rice and Fort the word "condemned," to insert "cast-iron," and in line 6, after Randall military reservations, in the Territory of Dakota; which the word "for," to strike out ''casting;" so as to make the joint reso was read twice by it title, and referred to the Committee on Mili -lution read: tary Affairs. Mr. PLUMB asked and, by unanimous consent, obtained leave to That the Secr~tary of War be, and he is hereby, authorized and directed to give to the Morton Monumental Association of the United States twelve condemned introduce a bill (S. No. 1815) for the relief of William D. Matthews; east-iron cannon and twenty-five cannon-balls for a Rta.tue of Oliver P. Mortoa, which wa read twice by it title, and referred to the Committee on late a Senator from Indiana, to be erected at the city of lndiallJ\polis, Indiana. Claims. The amendments were agreed to. :Mr. JOHNSTON asked and, by unanimous consent, obtained leave :Mr. INGALLS. I have no objection to the p:tssage of the joint to introduce a bill (S. No. 1816) to confirm private land claim re resolution, but I think it would interest the Senate, in view of the ported as No. 79, for the Arroyo de San Lorenzo tract, in the Terri -extraerdinary number of bills and resolutions which have been re tory of New Mexico; which wa read twice by its title, and referred ported in this same direction during the present session, to know how to the Committee on Private Land Claims. many condemned cannon there are at the disposal of the Govern He al o asked and, by unanimous consent, obtained loave to intro ment, if the Senator from Missouri can inform me. duce a bill (S. No. 1817) to give the Court of Claims jurisdiction to .Mr. HARRISON. The Senator from :Missouri can state. audit and settle claims for damages to real estate in the city of Mr. COCKRELL. I can give the exact information. The bronze Washington occasioned by reason of public improvements or the .cannon, it is estimated by the Secretary of War, have all been pro openin~ and grading of streets ; which was read twice by its title, vided for; that is, appropriations have been made consuming all the and referred to the Committee on the District of Columbia. .condemned, obsolete, or useless bronze cannon. He also asked and, by unanimous consent, obtainedleav~ to intro Mr. INGALLS. They have all been donatedfor monumental pur duce a bill (S. No. 1818) for the relief of John F. Riley, collect<>r of poses f the estate of Samuel R. Hamill, deceased; which wa.s read twice by Mr. COCKRELL. Yes, sir; those which have not heretofore been its tit.le.t and, with the accompa.nying pllper, referred to ihe Commit used for other purposes. There are no brass cannon ; there are fifty tee on tJlaims. wrought-iron cannon, seven hundred and seventy-four cast-iron can Mr. FERRY asked and, by unanimous consent, obtained leave t& non, and forty-eight steel cannon. The bronze cannon are worth introduce a bill (S. No. 1819) ~anting a pension to Mrs. Elizabeth ixteen cents a pound, the cast-iron cannon are worth a cent and a B. Custer; which was read tw1ce by its title, and referred to the Com quarter a pound, and they are utterly useless. The Government mittee on Pensions. cannot nse them by breaking them up or putting them in any shape. Mr. LAPHAM asked and, by unanimous consent, obtained leave The wrought-iron and steel guns, of which there are fifty wrought to introduce n. joint resolution (S. R. No. 60) proposing an amend iron and forty-eight steel guns, are worth ten cents a pound. They ment to the Constitution of the United States; which was read twice (}a,n be t.o some extent utilized. by its title, and referred to the Sclect Committee on Woman Suf Mr. HARRIS. Are those all condemned f frage. Mr. COCKRELL. They are all useless, obsolete, or condemned "WILLIAM J. POLLOCK. cannon. The PRESIDEKT pro tempore.. If there be no further morning The bill was reported to the Senate as amended, and the amend business, the morning hour is declared closed. ments were concurred in. Mr. BAYARD. I ask the unanimous consent of the Senate to con The amendments were ordered to be engrossed and the bill to be sider at this time .the bill (S. No. 1549) for the relief of William J. a:ead a third time. . Pollock. :Mr. Pollock was formerly collector of internal revenue for The bill was read the third time, and passed. one of the Pennsylvania districts, and has lat-ely been reappointed. MESSAGE FROM THE HOUSE. This bill is for his relief for the absence of certain special tax stamp which were stolen. The stamps are of no good to the finder and no A message from the Honse of Representatives, by Mr. McPHERSON, loss to the Government, bnt they nevertheless affect tho balance of its Clerk, announced that the Honse had passed the following bills, his accounts, and as he is about to ~o into office again it is proper in which it requested the concurrence of the Senate: that the report, which was a unammous one from the committee, A bill (H. R. No. 4166) to divide the State of Iowa into two judi should be approved by the Senate, and the bill for his relief passed. (}iaJ. districts; I ask, therefore, that the Senate proceed to the consideration of A bill (H. R. No. 3858) to provide for the construction of a public the bill. It will take but one moment. I think it will lead to no building at Galveston, Texas ; debate. The report in his favor is una.nimous. A bill (H. R. No. 4177) for the erection of a public building at By unanimous consent, the Sen:tte, as in Committee of the Whole, Council Bluffs, Iowa; proceeded to consider the bill. A bill (H. R. No. 4199) for the erection of a public building at '£he bill was reported from the Committee on Finance with a~ Lynchburgh Virginia; amendm~nt, after the word "amount," in line 6, to in ert 1' not ex- . A bill (H. R. No. 4701) to provide for the erection of a public build ceeding the sum of $3,433.33;" so as to make the bill read: ing at Detroit, Michigan ; A bill (H. R. No. 5546) for the erection of a public building at That the accounting officers of the Treasury be, and they are hereby, author· ized, in settling the accounts of William J. Pollock, late collector of internal reve GreensborouO'h, North Carolina; nue for the seconddistrictofPennsylvani.'\, to credit said Pollock with the amount!. A bill (H. R. No. 5575) providing for a public building at Jackson, not exceeding the snm of $3,433.33, of the unused coupons attached t() the atuba or Tennes ee · and special-tax stainJ.>S deposited by him in the post-office at Philadelphia, February A bill CH. R. No. 4176) for the erection of a public building at 12, 1875, but lost m transmission to the Commissioner of Internal Revenue, in th& Quincy, Illinois. city of Washington. The message also announced that the House had passed the fol The amendment was a.greed to. · lowing bills with amendments, in which it requ.ested the concur The bill was reported to the Senate as amended, and the amend ·rence of the Sena.te: ment was concurred in. A bill (S. No. 238) to provide for the erection of a public building The bill was ordered to be engrossed for a third reading, read the .in the city of Peoria, in the State of lllinoiB; and .third time, and passed. · - --'-'-.
' 3496 CONGRESSIONAL RECORD-SE~~t\..TE. MAY 2 ,..·
PE:SSIO~ BILLS. Lieutenant Collins his widow should be ~;tant~d an increase of pension, and there fore re:p,ort bill S. :No. 984 with the followmg amendment, viz: Strike out the word The PRESIDENT pro tempo1·e. The first case on the Calendar will " fifty, ' in line 6, immediately i,'ollowing the words " at the rate of,." and insert be called. in lieu thereof the word " forty." Mr. PLATT. If it is in order, I should like to ask the Senate to The PRESIDENT pro tempore. The que tion is on agrwing to the consiuer the pen ion ca-ses on the Calendar. amendment of the committee. The PRESIDENT pro tentpore. That is in order. The Senator can The amendment was agreed to. move that before proceeding with the consideration of the Calendar The bill was reported to the Senate as amended, and the amend under the Anthony rule the p~nsion ca es shall be taken up. ment was concurred in. Mr. PLAIT. There are perhaps :fifteen pension bills on the Cal The bill was ordered to be engrossed for a third reading, read the· endar which have been reported favorably from the Committee on third time, and passed. Pensions. Mr. INGA.LL. . Including tho e reported this morning¥ SALLY IIALL. .Mr. PLATT. Not including those, but tho e previously reported. The bill (H. R. No. 4344) ~rantina: a pension to Sally Hall wa Mr. INGALLS. Why not consider all of them¥ considered as in Committee of the Whole.. It places on the pension Mr. PLATT. I move to take them up at this time. roll the name of Sally Hall, of South New l\larket, New Hampshire, The PRESIDENT pro t~ntpm·e. It is moved that the Senate pro widow of Andrew Hall, late a private in Captain Hersey's company ceed to the consideration ofpensiou bills reported favorably. of New Hampshire militia in the war of 1812, to take effect from the· Mr. INGALLS. Including those reported this morning¥ time of the filing of her application for a pension. '.fhe PRESIDENT pro tempore. The Chair hears no objection, and The bill was reported to the Senate without amendment, ordered'. the con ent of the Senate will be regarded as having been given. to a third readinf;, read the third time, and passed. The :first pension ca e on the Calendar will be called. DAV1D G. HUTCHIXSON.
E~.DIA H . COLLINS. The bill (H. R. No. 638) aranting a pension to David G. Hutchin The enate, as in Committee of the Whole, ptoceeded to consider son, was considered as in Committee of the Whole. It di.rects the· the bill (S. No. 984) increasing the pension of Emma H. Collins. Secretary of the Interior to place on the pensior.-roll the name of The bill was I'eported from the Committee on Pensions with an David G. Hutchinson, of Lincoln, l\laine, dependent father of Will amendment, in line 6, before the word "dollars," to strike out "fifty" iam H . Hutchinson, late a corporal of Company E, Seventeenth and insert " forty; " so as to make the bill read : United States Infantry. That the Secretary of the Interior be, and he is heroby, authorized and directed The bill was reported to the Senate without amendment, ordered. to vay: to Emma. H. Collins, widow of Frederick Colliris, Ia.te a. lieutenant in the t<\ a third reading, read the third time, and pa sed. Uruted States Navy, a. pension at the rate of $-!0 a month during hor widowhood, and from the passage of this act. ELIZABETH FULKS. The bill (H. R. No. 1579) granting a pension to Elizabeth Fulks, TR-e amendment was a~reed to. was considered as in Committee of the Whole. It places on the llr. COCKRELL. I ask the Senator from Connecticut, the acting pension-roll the n:t-me of Elizabeth Fulks, widow of Elcanah Fulks, chai.rmJl,n of the committee, if $40 a month is the amount regularly deceased, late a private in Company A, Ninth Regiment Tennessee allowed in such cases 7 Cavalry Volunteers . .Mr. PLATT. It is not. The bill wa reported to the Senate without amendment, ordered Mr. COCKRELL. What are the reasons for :fixing a different to a thiru reading, read the third time, and passed. amountf Mr. PLATT. The amount allowed by law would I think be 20. CECIL CLAY. Lieutenant Collins was a lieutenant in the Navy, and the rate of Tho bill (H. R. No. 5381) zranting an increase of pen ion t{) Cecil pension for a lieutenant in the N vy is the s.q,me I think as that of Clay, was considered as in llommittee of the Whole. captain in the Army, which is 20. Perhaps the report in this case The bill was reported from the Committee on Pensions with amend had better be read, when it will be seen on what grounds the com ments, in line 6, before the word ''dollars," to strike out "forty-two"' mittee recommended an increase. and in ert " thirty ; " and at the end of the bill to add, " said increase The Principal Legislative Clerk read the following report, sub to commence from the pas age of this act;" so as t{) make t he bill mitte The bill was reported to the Senate without amendment, ordered self, or dress himself, and requires the constant ann regular aiel and to a third reading, read the third time, and passed. attendance of another person. Now to take this case ann make the CATHER.Th"'E SILVEY. pension the same that the law allows for a person utterly and totally helpless, so as to require the personal aid and a-ssistance of a-nother The bill (H. R. No. 2148) granting a pension to Catherine Silvey person, did not seem right to the committee. I am aware that the was considered as in Committee of the Whole. It places on the pen fact that he has been so disfigured in his face appeals to the sympathy sion-roll the name of Catherine Silvey, mother of Francis E. Silvey, of Senators, but at the same time the committee felt that there must late of Company D, Ninety-ninth Regiment New York Volunteers. be justice as between different pensioners of the same degree of dis The bill was reported to the Senate without amendment, ordered ability, and that it was not fair to take a person of a less disability to a third reading, read the third time, and passed. and give him the same pension which the law provides for a penson HEIRS OF CAJ>TAL.~ CHRISTOPHER T. DU:s-HA:\1. sustaining a far greater disability. The biU (H. R. No. 137) granting a pension to the heirs of Captain The PRESIDE:NT pro tempore. The question is .on amendment of Christopher T. Dunham, deceased, was considered as in Committee the Committee on Pensions. of the Wbole. It places on the pension-roll the names of the follow Mr. PLATT. I move that the bill be amended by inserting" thirty ing heirs of Captain Christopher T. Dunham, late of Company F, six" in place of " fifty." That is an amendment which I think the Ninety-second Regiment of Illinois Volunteers, namely, Sheldon committee would recommend at the present time. Theodore Dunham, 1\Iary F. Dunham, Stephen ,V, Dunham, and The PRESIDENT pro tempore. The question is on the amendment William A. C. Dunham. to the amendment. The bill was reported to the Senate without amendment, ordered The question being put, a dirision was called for ; and the J/yes to a third reading, read the third time, and passed. were 14. :Mr. PLATT. I call for the yeas and nays. WILLIA."\I IT. HILL. .Mr. SHERM.L."f. If the yeas and nays are to be called I simply Th~ bill (H. R. No. 1390) for the relief of William H. Hill was wish to read a paragraph from a letter I ha'\"e received from a gen considered as in Committee of the Whole. It directs the Secretary tleman of standin~. I am sure if Senators could see this man in his. of the Interior to place on the pension-roll the name of 'Villiam H. condition as descnbed to me they would rather lose both legs and Hill, late a lieut-enant in the One hundred and tenth Regiment of both· arms and be entirely helpless provided they had the ability to Pennsylvania Infantry Volunteers, at the rate of $36 per month. eat and drink and live. This man's face was shot off largely; his The bill was reported to the Senate without amendment, ordered no e was taken and his upper jaw. He has to live on liquids and to a third rca-ding, read the third time, and pa sed. be fed, both arms being partially disabled and paralyzed. It seems ELI D. WATKIXS. to me a more helpless position cannot be imagined. He is a man oi >ery hio-h standing, who was wounded in the service. He has a wife The bill (H. R. No. 2031) for the relief of Eli D. Watkins waa con and eight childi·en, and I am appealed to by gentlemen of the high sidered as in Committee of the Whole. It increases the pension now est standing whom I know in Zanesville, Ohio, in his behalf. paid Eli D. Watkins, late a private in the Fifth Regiment Kentucky I trust the Senate will do as tho House did, construe this matter Cavalry Volunteers, from $31.25 per month to the rate of pension allowed by law for the lo s of both legs. liberally, and give him a pension for total disability, for he is not The bill was reported to the Senate with9ut amendment, ordered only totally disabled, but he is a wreck. A leading lawyer writes. to· a third reading, read the third time, and passeil. to me: If the committee could realize the disfigurement and other disability they wollld.. ANDROS GUILLE. not refuse him the increa e allowed by the House. The bill (H. R. No. 1340) granting an increase of pen.sion to An Again he says : dros Guille was considered as in Committee of the Whole. Allow mo to make this second appeal for him as an earnest one. The bill was reporteu from the Committ~e on Pensions with an amendment, in line 6, before the word "dollars," to trike out'' fifty" I tru t the Senate will allow the 50. and insert "thirty;" so as to make the bill read: Mr. GROOME. Mr. President, I examined this case carefully and Be it enact4ld, tf:c., That the pension of Andros Guille, late a corporal of Com drew the report. It is a most aggravated case so far as personal dis pa.ny K , Ninety-seventh Regiment of Ohio Volunteers, of $18 per month, for an figurement is concerned, but the Pension Bureau, acting mider the injury t<> his hand, be increased to $30 per month by reason of an additional wound gener~llaw, after considering all the man's disabilities, -allowed him. received in the line of duty, at the battle of Missionary Ridge, from a bursting shell, which carried away his entiTe nose, upper lip and teetli, and part of his upper a pension of but $18 a month. The committee of-the Senate in view jawbone; and that the Secretary of the Interior is hereby authorized and directed not only of tho disabilities, but of the personal disfigurement and to pla.{:e his name on the pension roll at said increased rate. tho mortification incident thereto, determined that it was proper Mr. SHERMAN. !'hope the Sen.ate will not concur in the amend that a. higher rate of pension should be granted, and by a divided ment of the comniittee. The condition of this soldier is of the most committee, the committee being divided between $36 and $30 a month, wretched character. Ho has a wife and eight children, and his face they reported in fave1· of 30 a month. Upon further consideration waR shot off l>y a shell; so that he is an object of pity to all the peo to-d[LY the majority of the committee have determined that they will ple in his town. I ha-ve been written to in his behalf by several not oppose $36 a month, if the Senator from Ohio will be satisfied leading citizens there who had noticed the reduction of the pension with that rate. That was the amount agreed upon by the House com proposed by our committee. I hope the Senate will allowihe bill to mittee. stand at the rate fixed by the House, which is low enough. While I have the utmost possible sympathy for this man, or for Mr. PLATT. Let the report be rea-d. any man in his unfortunate situation, I feel that in this matter of· The Princtpal Legislative Clerk read the following report, sub pensions we must be governed by some general rule. It will not do mitted by Mr. GROO::\IE April 25: to give way to sympathy, no matter how aggravated may be the in jury. Under the general law a. man who has lost both arms or both The Committee on Pensions, to whom was refen·ed the bill (H. R. K o. 1340) grant ing an increase of pension to Andros Gnille, have considered the same, and x·e legs, or who is totally blmd, or who is otherwise totally disabled, and port: requires the constant care and attention of another person, is only That Andros Guilla was a corporal in Company A, Ninety-seventh Ohio Vol entitled to $72 a month. I think when Congress give to this man, in unteers, and that on November 25, 1863, at the battle of Missionary Ridge, he was woundec-l I.Jy the bursting of a shell, which shattered the bones of his left hand, view of his personal disfigurement, one-half of that rate per month, and rendered it permanently and abnost entirely disabled, and carriefl away his they are dealing by him with very considerable liberalit.y. nose, upper lip, a number of his front teeth, and a part of his upper jawbone. I hope, therefore, that the provision to make this pension $50 a These wounds in the face not only very greatly disfigure him, and r ender it neces month will not pre-vail, but that the Senate will be governed by the sary for him to wear an artificial nose, upper lip, ami mustache, as is shown by an opinion not only of its own committee but of the committee of the ample amountcf testimony, but, accordm~ to his statement, tbey very ~atlyin con>enience him in eating and drinking, ana render him unable to peak uistinctly, House of Representatives, that the rate ought not to be higher than as it seems probable they would. In addition to the wounds already mentioned, $36 a month, for which latter rate I propose to vote. Guilla was seriously wounded in tbe right shoulder by a piece of the shell. Mr. PENDLETON. I simply desire to· say that this is one· of the The said Guilla 18 now receiving a pension of $18 a month, which the bill rc. ferred to your committee pro:poses, in view of the number and very serious char most extraordinary ca-ses of dis~urement I have ever heard of. A a.cter of the wounds from whwh he is suflering, and in view of his great personal great part of the man's whole L'l.ce was carried away by a shell; disfigurement, to increase to $50 a. month. his mouth, no e, lip, and the upper part of his face are gone. Death Your committee arc of the opinion that Andros Guille, upon the case presented, would haYo been a. blessing to him; he cannot get employment be should be allowed an increase of pension; but not to the extent proposed by the bill passed by the Rouse. They t·herefore recommend that the bill referren to cause hi& face is so terrible to look at; he cannot pass along the thorn be amended by striking out the word "fifty," in line 6, and inserting in streets without boys jeering at him; he is in a more terrible con place thereof "thirty ; " and as so amended they recommend the passage of the dition than, as my colleague bas said, if he had lost both arms and bill. legs. He is a perpetual mortification to himsslf, a perpetual dis Mr. PLATT. If I correctly recollect this case, the committee of tre s to his wife and family. the House reported in favor of increasing this pension to $36, and I hope the Senate will concur with the House in giving him a pen the House inits generosityor enthusiasm, whicheveryoumayplease sion of 50 a month. to call it, made it $50. It seems to me that this pension ought not Mr. MAXEY. I listeneu to the report in this case with a great deal to be $50. I do not know that I would object to $36. There was some of care. I have had some observation of wounds, and I do not believe· difference in our committee as between $36 and $30; but I think that in all my life I have ever heard of any man wounded who was. perhaps the committee would assent t.o $36, at least a majority of so thoroughly disfigured as this man was. It is stated by the Sena~ them ; but $50 is all that a man gets to-day by general law if he is tor from Ohio [Mr. PEXDLETON] that he is so fearfully disfigured paralyze(l in both legs anu both ann.s and cannot move or feed him- that he cannot even get employment . It is stated by the Senat.o!· I 3498· CONGRESSIONAL RECORD-SENATE. MAY 2, from Ohio across the way [Mr. SHER?tiA.!.~] that he had to have a me a letter asking to have the Senate act on the bill at as ea.rly a time false nose, a false lip, and wear a moustache to hide as far as po ..,i a po ible. It is Senate bill No. 1168 in relation to courts in the ble th.iB grea.t disfigurement. Every one can see how a man must State of :Mi issippi. It was unanimousiy reported from the Commit .suffer in feeling by being regarded by the whole community a an tee on the Judiciary. The Senatorfroml\fi sissippi has not troubled >Object of abhorrence. the Senate at this ses ion at all, and he now requests the Senate t-o It seems to me that the aetion of the House is right. \Vhile I am con ider the bill . .as much in fa-vor of a reasonable and proper guard upon pensions as There being no objection, the cnat e 1 as in Committee of the Whole, any gentleman, this is one of those cases that. meet my sympathy, proceeded to consider the bill (S. No.1168) to amend the several acts and I shall vote with the House for the $50 a month, believing it to in relation to the division of the State of Mis i sippi into judicial be right. district , and further to amend the several acts in relation to the Mr. PLATT. I called forthe yeas and nay, but since this matter northern judicial district of the State of Mississippi, and to provide has been discussed and the Senate has given its attention, I presume for the times and place of holding the United States district courts the vote will be sufficiently full to disclose a quorum, and if o I do in said northern district. not insist on the call for the yeas and nays. The bill was reported from the Committee on the Judiciary with The PRESIDENT pro tempore. The call for the yeas and nays is amendments. withdrawn. The question is on the amendment of the Senator from The first amendment wa 1 in section 6: line 2, aft-er the word "bank Connecticut to the amendment reported by the Committee on Pen ruptcy," to strike out "and all criminal and other prosecutions;" .sions. so as to read: Mr. INGALLS. I wasunfortunatelyoutofthe Chamber when this That all causes and proceeding in law, equity, or bankrupt-c)' n"w pending in matt~r wa discussed, and do not exactly understand its attitude. I the district court of the northern district of Mississippi _where all the defendants understand thatthe House passed a billgivingthisman$50 amonth. (or the plaintiffs, where the jurisdiction is derived from tne1 residence of the plaint I should like to vote to sustain the House bill, and I desire to he ad iffs within the district) shall reside in the eastern division of said district, shall vised now as to what my vote should be on the amendment pending. be transferred to the court of such eastern division of said northern district. Mr. SHERMAN. Vote against all amendments. The amendment was agreed to. Mr. INGALLS. Very well. Mr. SHERMAN. I should like to n k if this bill is reportetl from 'fhe amendment to the amendment was rejected, there being on a the Committee on the Judiciary f division-ayes 17, noes 30. The PRESIDENT p1·o tempore. The bill was reported unanimously The PRESIDENT pro tempQre. The question i · on the amendment by the Committee on the Judiciary. It was reported by the Sen of the· Committee on Pensions to strike out "fifty" and inert ator from Mississippi, [l\Ir. LAl\IAR.] ''thirty." l\Ir. SHERMAN. All right; I have no objection, then. The amendment was rejected. The PRESIDENT p1·o tempore. It is imply in relation to the times The bill was reported to the Senate without amendment, ordered of the terms of the courts. to a third reading, read the third time, and passed. Mr. GARLAJI.."'D. It is upon the plan of the Kentucky court bill and two or three other we ha-ve e tablished. JID\"1-."IE S. ~fiTCHELL. 1\Ir. SHERl\IA....~. Does it establi h a new judge' The bill (S. No. 1409) for the relief of :Mrs. JennieS. Mitchell was Mr. GARLAND. Oh, no . .considered as in Committee of the Whole. It places on the pension lli. SHERMAN. All right. roll the name of Mrs. Jennie S. Mitchell, widow of the late Brig The PRESIDENT p1·o tempMe. It i a similar bill to one proposed adier-General Robert B. Mitchell, at $50 per month. for the court at Toledo, Ohio. The bill was reported to the Senate without amendment, ordered Tho next amendment reported by the Committee on the Judiciary to be engrossed for a third reading, read the third time, and pa ed. was, at the end of section 7, to add: SALLY C. MULLIGAN. .All prosecutions for crimes and offenses heretofore committed shall be com- The bill (H. R. No. 3390) granting a pension to Sally C. Mulligan menced and prosecuted as if this act had not passed. . was considered as in Committee of the Whole. It places on the pen The amendment was agreed to. sion-roll the name of Sally C. Mulligan, mother of James S. Mulli The next amendment was, in section 8, line 1, before the word gan, late ~st lieutenant of Company I of 'the Twenty-first Regiment "causes," to insert'' civil;:' in the same line, after the word'' causes," New York Volunteers. to strike out "oivilorcriminal;" inline6, before the word "causes," The bill was reported to the Senate without amendment, ordered to insert" civil," and after the word "causes" to strike out "civil to a third reading, read the third time, and passed. or criminal ; " so as to read : FRANCIS REICHERT. SEc. 8. That all civil causes now pendin~ in the United States court for the southern district of Mississippi a~~inst parties residing in that part of the Terri The bill (H. R. No. 1239) granting a pension to Francis Reichert tory of said southern district by tnis act annexed to and incorporated in the afore was considered as in Committee of the Whole. It proposes to place said northern judicial district and that all civil ca,nses now pending in the United. -on the pension-roll the name of Francis Reichert, late of Company States court for the northern futrict of Mississippi a~ainstparties residing in that part of the territ~ry of said northern district by this aot annexed to and incor· I, Fifth Missouri Volunteers, and Company K, Fourteenth lllinois porated in the aforesaid southern judicial district, may remain and be finally dis· Volunteers. posed of, respectively, in the conrta in which they are now pending. The bill was :reported to the Senate without amendment, ordered The amendment was agreed to. to a third reading, read the third time, and :passed. The next amendment was to strike out section 11, in the following 1\IA.RGARET BEYMER. words: The bill (S. No. 604) granting a pension_to Margaret Beymer was SEC. 11. That the said district judge of the United StateR for the Stat-e of Mis -considered as in Committee of the Whole. It provides for placing sissippi and the district attorney for said northern judicial district of the State of >On the pension-roll the name of Margaret Beymer, widow of Elias Mississippi shall receive, in addition to the sums already allowed them by law, for their extra compensation tmder this act, the former ttie sum of $1,500 per an- - J. Beymer, late lieutenant and adjutant of the One hundred and num and the latter the sum of $100 per annum, to be paid in the manner heretofo.r& thirty-sixth Illinois Volunteers, and acting deputy provost-marshal provided for the payment of said salarie . of the eleventh Congressional district in the State of lllinois. The amendment was agreed to. The bill was reported from the Committee on Pensions with au The bill was report-ed to the Senate a amended, and the amend .amendment to add "and pay her a pension at the rate of$17 a month." ments were concurred in. The amendment was agreed to. 1\o'lr. GEORGE. I desire to ay-that I think the bill ought to pass The bill was reported to the Senate as amended, and the amend as a ;measure of relief to the people of the district, to whom it will be ment was concurred in. a great convenience. The bill was ordered to be engrossed for a third reading, read the The bill was ordered to be engros ed for a third reading, read the third time, and passed. thil:d time., aud passed. PENSIOS BILLS. DR. A. SIDKEY TEBBS. The PRESIDENT pro tempore. The pension bill reported this morning will now be taken up, those on the Calendar having been The PRESIDENT pro tempore. The first ca e on the Calendar in -disposed of. regular order will be tated. Mr. PLATT. I hardly think it necessary or advisable to take up The consideration of the bill (S. No. 296) for the relief of Dr. A. the bills reported this morning, and I think it is a bad practice. It Sidney Tebb was resumed as in Committee of the Whole, the pend will only make a day or two's difference, I presume, in the time they ing question being on the motion of Mr. EDMID\"DS to refer the bill will he passed, as I have no doubt the Senate will permit them to be and amendment to the Committee on the Judiciarr.. taken up immediately after the printing of the reports.· I do not in 1\Ir. PLUMB. I voted in committee for thiB bill in its original shape, which wa to waive the statute so far as it concerned the in sist on this, but I rather prefer the bill rerorted to-day ~hould not be now considered. dividual named, Dr. Tebbs; I think I should have been willing to vote for the bill in its present shape, desirous as I have been that The PRESIDENT pro tempo1·e. They will not be called. all the restrictions and differences which ha.ve existed growing out 1\II ISSIPPI JUDICIAL DISTRICr . of the late war might be taken out of the way so far as the law was :Mr. GARLAND. The Senator from Mississippi [Mr. Lfu'IA.R] was concerned; but some of the utterances in this debate have led me to .called home some two weeks since on account of sickness in his conclude that, on the whole, it is just as well to wait. I think per family. He bad reported, before he left, a bill from the Judiciary ha,ps the Senator from South Carolina, [1\lr. HlliPTON, 1 who ex .Committee in which he felt a -very great interest, and he addrc sed pressed doubt the other day ::t to which ide >ras right, m::ty gain 1882. CONGRESSIONAL RECORD-SENATE. 3499 something by a little delay; he may ascertain more certainly after It only needs a knowledge ofhi tory to show that thatisliterally a while which side was right. true. Pos ibly he may have some of his constituent in the same frame I find further that was not introduced in a spirit of mere emula of mind. In view of the utterances made by that Senator and by tion. When he introduced that bill he gave notice that he would the SenatorfromFlorida [Mr. CALL] on this subject, and forthepur deliver a speech giving his reason infullfor it; but the conditionof pose of getting a better vi~w of the situation ~ it is to-day among his health prewnted that he should carry out that intention, though the constituents of the Senators on the other s1de of the Chamber, I we have at a later period his reasons given. I find in the "Life of think it is just as well that this matter should go over; not go to the Charle Sumner" this in writing to a friend, and the autograph let Judiciary Committee for the purpose of any inY"e tigation as to the ter i here to how that it is not a mistake. He says, writing to that propriety of it, but simply to lie there and wait. That will develop friend: · "Never was I more sure of any proposition than that for public sentiment which shall enable the persons who are to come which I am assailed. When well enough I will place it beyond all here to represent the different States in this a embly of States to que tion, showing reason, history, and every civilized nation for it. determine precisely what their view is about the merits of that The Emperor of Germany has just adopted it." trouble. I shall vot.e to refer the bill. This bill, as I believe, carries out that great idea of Charles Sum- . Mr. MAXEY. Mr. President, as a member of the Committee on ner. It is ten years since he introduced that bill. There was for a Military Affairs I approved the action of the committee, and ex time a pirit of excitement and indignation, but that happily died pressed that approval in a few words addressed to the Senate the away, and his own State recognized it by the rescinding of the res other day. I have studied the matter over since, and if I had had olution of cen ure against him for the introduction of the bill. Ten the sli~htest idea that gentlemen from other portions of the Union year have passed by since that time, and the whole country is try than tnatwherel livewouldoppose ameasure ofthis kindishould ing to get together. So far as I know, so far as I can judge from the not have proposed to offer such a bill as.that reported by the com general spirit of the people, as evinced by the press, in the pulpit, mittee. upon the stump, in the two Houses of Congress, everywhere, a dis I believed it to be a bill in the interest of peace. I believed it to po ition is manifestin~ itself that there should be an oblivion of the be burying in the dead past a statute which kept in perpetual mem past, and that from this point on we should go forth not only a Union ory the troubles which had taken place between the North and the in name but a Union in fact, a Union in s~irit and in truth, all of us South. I believed that all history stood in favor of the action of united together under a common flag andnaving a common destiny, the committee, and I took the trouble, for I remembered something and nll marching to the grand and glorious perfection of what our about it, to look back at the record to see what had been done. forefather started, the sublimest Union of free and independent Ifounda billintroducedonthe2dofDecember, 1872, byl\Ir. Charles States that the world ever saw. Sumner, whose ability no one will questiol'l, in my judgment the Everything that is done which retards that i8 against the highest ablest man whom New England has sent to the Senate of the United and be t principles of statesmanship. The spirit which underlies States since the days of Mr. Webster, from whom! differed as widely the bill of Mr. Sumner is patriotic, sagaoious statesmanship, and it .as I did from any man living in politics, yet I find sagacious state - evidence a perfect and thorough knowledge of the history of all manship, learning, ability, and kindliness of heart displayed in the age pa t and present, and the action of all times and countries in bill to which I refer, and I think it would be well now to look at it. measure following a great civil war. It is entitled "A bill to regulate the Army Register and the regi It wa with these news that this bill was introduced, so far as I mental colors of the United States," and proceed : know. If there was any objection in committee I did not hear it. I Whereas the national unity and good-will among fellow-citizens can be assured believed it to be wise, I believed it to be just. If this statute was .()n}y throngh oblivion of past differences, and it is contracy to the usage of civil pas ed, as it was, at a time when there was a reason for it, the reason ized nations t.o perpetuate the memory of civil war: '.rherefore, for the law, which was temporary in its nature, having failed, the law Be it enacted by the Stmate and House of Representatives of tltt United States o.f America in Congress assemb"ted, That the names of battles with fellow-citizens shall should fail with the reason. The time for it has passed by. It was ting the national authority to preserve the national life. But the A bill (H. R. No. 4701) to protide for the erection of a public build rightfulness of, the conduct of, individuals has been the subject of ing at Detroit, l\lichigan; discussion here; the question whether men who were taught by the A bill (H. R. No. 5546) for the erection of a public buildin(Y' at example of our fathers and taught by the example and the public Greensbo-rouO'h, North Carolina; and 0 teachin(J's of many eminent men had some warra.nt for the opinions A bill (H. R. Xo. 5575) pronding for a public building at Jackson,. which t'hey entertained, and whether it is right or wrong for a man Tennes ee. to follow the honest and conscientious belief which he has formed. The bill (H. R. Xo. 4166) to divide the· State of Iowa into two That is the question which the Senator from Kansa-s must answ~r judicial distri~ts was read twice by its title, and referred to the and which has been in discussion here, whether a perpetual stigma is Committee on the JuiliciaTy. to be attached to men who simply did what othe1·s before thorn had PUBLIC BUILD~G AT QOIXCY, ILLI~OIS. done and what they believed was right. I agree that the national Government in the war had a right to preserve the national life, the The bill (H. R. :Xo. 4176) for the erection of a public building at right to enforce its authority, to preserve its political integ1·ity, as Quincy, Illinois, was read twice by its title. every other go.-ernment has. Every one that I have heard discuss Mr. VEST. This is in the language of a bill that was reported by the subject, in this Chamber or out, believes tho same. me. from the Committee on Public Buildings and Grounds in the· The PRESIDENT pro tempore. The question is on the reference of Senate, and it is the identical bill which has already been reported to' the bi11, with the amendment, to the Committee on the Judiciary, the Senate, and is on the Calendar. I a.skforits present consideration. upon which the yeas and nays have been ordered. The bill was, by unanimous consent, considered as in Committee The Acting Secretary proceeded to call the roll. of the Whole, reported to the Senate, ordered to be engrossed for a. Mr. CAMERON, of Wisconsin, (when his name was called.) 1 am third reading, read the third time, and passed. paired on this question with the Senator from North Carolina, [Mr. The PRESIDE~T pro tempore. The Senate bill o:n the same sub VANCE.] If I were at liberty to vote, I shonlcl .-ote "yea" and he ject, being the bill ( S. No. 239) to provide for the erection of a public would vote" nay." building in the city of Quincy, in the State of Illinois, will be indefi ·:Mr. GARLAND, (when his name was called.) I am paired on this nitely po tponed. question with the Senator from Vermont, [Mr. ED:MtrnDS.] If he Pl.""BLIC Bl."'ILDIXG AT PEORIA. were here, he would .-ote "yea" and I should vote "nay." The PRESIDENT p1·o tempore. The Chair lays before the Senate Mr. RANSOM, (when Mr. LOGAJ.~'s name was called.) On this the bill (S. No. 238) to provide for the erection of a public building question the Senator from Illinois [Mr. LOG~] is paired with the in the city of Peoria, in the State of Illinois, returned with an amend Senator from Georgia, [Mr. BROWN.] ment from the House. The Senate passed the bill, providing that Mr. MILLER, of New York, (when his name was called.) I am 400,000 should be the cost of the erection of this building. It has. paired with the Senator from Maryland [Mr. GROOME] on political been amended in the House by inserting 2'25,000 instead of $400,000. question . The Senator from .Missouri [:Mr. VEST] asks that the amendment be Mr. :MITCHELL, (when his name was called.) I am paired with now concurred in. · the Senator from West Virginia, [Mr. CA.t-m>E~.] Ifhewerepresent, The amendment of the House of Representatives was, in line 11, to· I should vote "yea." strike out'' four hundi·ed" and insert" two hundred and twenty :Mr. ROLLINS, (when his name was cl\lled.) I am paired with five." the Senator from Florida, [Mr. JoNEs,) but I have transferred tho The amendment wa concurred in. pair to the Senator from Virginia, [Mr. :MAHO!."'E,] and will vote my ::O.HA?.II D;'DLL.~ L.A...~S. self, having reserved that right. I vote "yea." The PRESIDENT p1·o tempore laid before the Senate the amend :Mr. WINDOM, (when his name was called.) I am paired with tho ments of the House of Representatives to the bill (S. No. 328) to Senator fl'Om West Virginia, [Mr. DAVIS.] If he wore here, I should provide for the sale of the lands of the Miami Indians in Kansas. vote " yea. " Mr. li~GALLS. I move that the bill and amendments be referred The roll-call was concluded. to the Committee on Indian Affairs for further consideration. Mr. ALDRICH. I am paired with the Senator from M:uyland, [Mr. The motion was agreed to. GoR~IA....~.] Mr. FRYE. On this question I am afraid I am obliged to recognize L"'TEROCE.U.J.C ISTIDII.A...~ CO:\DilniTCATIO~ . my pa.ir with the Senator from Georgia, [Mr. HILL,] and therefore The PRESIDENT pro tempore laid before the Senate a letter of the· shall not vote. Secretary of the Navy communicating, in compliance with the reso Mr. PENDLETON. I was requested bythe Senatorfrom Virginia lution of the 17th of March la.st, such information as ha,s been col [Mr. JoH....~STO~l to say that he was pv.ired on this and other ques lected by the Bureau of Navigation relating to tho problem of inter tions to-day with the Senator from Massachusetts, [Mr. D.A WES.] oceanic communication by the American Isthmus. The result was announced-yeas 23, nays 25; as follows: Mr. WINDO)f. I suggest that as both the Committee on Foreign: Relations and the Committee on Commerce have reported on that YEAS-23. subject, the communication lie on the table and be printed. I make, Allison, Fen-y, Ingalls, Plumb, th:t.t motion. I call the attention of the Senate to the fact that the· Anthony, Hale, Lapham, Rollins, C:m1eron ofPa., Harrison, McMillan, Saunders. documents are quite .-oluminous, but they are important. Chilcott, Hawley, :Miller of Clll., Sherman, The PRESIDEXT pro tempore. The Chair thinks they ought to go Con~er, Hill of Colorado, Morrill, VanWyck to a committee. Dans of Tilinois, Hoar, Platt, Mr. WINDOM. Let the motion to print be referred· to the Com NA.YS-25. mittee on Printing. Bayard, Farley, Maxey, Vost, The PRESIDENT pro wmpore. The motion to print will be referred Book, George, Morgan, Voorhees, to the Committee on Printing. :Butler, Grover, Pendleton, Walker, Call Hampton, Pngh, Williams. -'AVIGABLE WATERS OF UPPER COLIDffiiA. Cockrell, Hams, Ransom, Mr. SLATER submitted the following concurrent reRolution, which. C<>ke, Jackson, Saulsbury, Fair, Jonas, Slater, -was referred to the Committee on Printing : Ruolved by the Senate, (the House oon~:urring~ That 10,000 copies of the report .ABSEXT-28. of Lieutenant T. W. Symons, Corps of Engineers, respecting the navigable waters .Aldrich, Edmunds, Jones of Florida, Mahone, of the Upper Columbia River and its tributaries, and resources of the country :Blair, Frye, Jones of Nevada, Miller of N.Y., adjaeent thereto, be printed, 1,000 for the use, of the War Department, 3,000 for Brown, GarL'IDd, Kellogg, Mitchell, the use of the Senate, and 6,000 for the use of the House. Camden, Gorman, Lamar, Sawyer, Cameron of Wis., Groome Logan, Sewell, BILL BECO~IE LAWS. DaVis of West Va., Hill of Georgia, McDill, Vance, A message from the President of the United States, by Mr. 0. L. Dawes, Johnston, McPherson, Windom. PRUDEN, one of his secretaries, announced that the President had, So the motion to refer was not agreod to. on the 1st instant, a.ppro.-ed and signed the acp (S. No. 1598) to au The PRESIDENT pro tempm·e. The hour of two o'clock has arrived, thorize the Secretary of War to donate to the Ladies' Soldiers' Mon and the Chair must lay before the Senate its unfinished business. ument Society of Portsmouth, Ohio, four condemned cannon. He will, before doing so, however, ask leave to present certain House The message al o announced that the bill (S. No. 185) for the relief bills that they may be referred. of the captarn, owners, officers, and crew· of the late United States. private-armed brig General Armstrong, their heirs, executor , ad HOUSE BILLS :kEFERRED. ministrators, agents, or assigns, having been received by the Presi dent on April 20, and not having been returned by him to the House 1 The following bills from the House of Representatives were sever ally read twice by their titles, and referred to the Committee on Public of Congress iu which it originated within the ten days prescribed by Buildings and Grounds: the Constitution, has become a law without his approval. A bill (H. R. No. 3858) to provide for the constnlCtion of a public MESSAGE FROM THE HOUSE. build~ng at Galveston, Texas; . . . . . A message from the House of Representatives, by Ur. McPnERSON, . A bill (H. R. No. 4177)forthe erec1J1on of a.publ,c bUildmg atCoun- 1ts Clerk, announced that the House had passed a bill (H. R. No. 680) cil Bluffs, Iowa; Ito provide for the erection of a public building in t.ho city of Han- A bill (H. R. No. 4199) for tho erection of· a public bn.i:ding at nibal, in the State of Missouri; in which it r:equested the concur- Lynchburgh, Virginia; renee of the Senate. · 1882. CONGRESSIONAL RECORD-SENATE. 3501 COURT OF APPEAL~ . Sue. 6. That when an injunction is granted or continued, by an interlocutory order or decree, in a can e in which an appeal from a finaJ. decree could be t.aken The Senate, as in Committee Qf the Whole, resumed the considera under the provisions of this acf)_ an appeal may be taken from snch interlocutory tion Of the bill (S. No. 420) to establish a court of appeals. order or decree to the Supreme t;ourt or the court of federal appeals, as the casu may be; bnt such appeal shall be taken within thirty days from the entry of such The PRESIDENT pro ternpm·e. The amendment of the Committee order or decree, and shill not be a supersedeas, nor shill the same be effective on the J ndiciary will be rea-d. nnle s the appellant shall give security for co ts, as now provided by law, within Mr. MORGAN. Before the amendment of the Committee on the the said penod of thirty days; and an appeal may, in like manner, be taken from ..Juclidary are read I desire to submit some ob erYations upon this any such order or decree diSsolving an injunction, and such appeal hall be a super sedeas as to such order, but hall not have effect unless the appellant shall, within b ill. the said period of thir~ day , give good secmity for costs and to indemnify and At tho proper time, in the cour e of proceedings on this bill, I in save harmless the sureties on the injunction bond, such security to be given l.n the tend t.o offer a substitute. way now provided l.Jy law; and the proceedings in the court below shall not be Mr. INGALLS. I hope the Senator will give n the benefit of his s~yed except as next hereinbefore provided. SEC. 7. That tbe Supreme Court shall from time to time allot the Chief Justice reflections now so that we may consider it. and a sociate justice of the said court, and the presiding and associate judges of 1\!r. MORGAN. Mr. President, I intend to send it to the desk and the court of federal appeaL<;, among the circuit courts, in such manner as will best .aak that it bo react as part of my remarks, prefacing, however, that promote dispatch in the administration of justice and as the demands of business I a.m not the author of this proposition, which was drawn up by a m the said courts may require; ami whenever a change in the allotment of any of the said justices or judges becomes necessary during the vacation of the Supreme member of the bar of Washington City, Mr. Maury, who I think is a Court, by illne s, death, or resignation, snch change may be made by the Chief very able lawyer, who has bestowed close att-ention for a long time Justice; but a circuit court may not be held by more than two jnsticesor judges; to this subject. I prefer his arrangement of this court of federal and the judges of the court of federal appeals, when sitting in the circuit courts, are hereby invested with the .J>OWers of circuit justices, except that when one of .appeals, as he terms it, to that contained in this bill for sundry said judges is sitting with a c:trcuit justice the opinion of the latter shall prevail reasons, which I will state after the substitute has been read. in case of disagreement between them. And the justices and judges empowered The general theory of Mr. Maury's bill, as I may call it, which I to hold circuit courts may hol4 separate sessions of any circuit court, or sessions have the honor to offer as a substitute, and all the bills now pend of several circuit court , at the same time: Provided, however, That a circuit jus tice shall sit only in cases in which the Supreme'Court might have appellate juris ing before the Senate is very much the same. The difference relates diction. And the defendant in any such case where the jurisdiction depends on to the number of judges to be appointed and the distribution of the the citizenship of the parties may have the judgment or dec.ree therein reviewed district judges in this cour·t of federal appeal; and in fact this bill by the Supreme Court in the way provided by law, although the amount or valne J:eqnires less machinery than that of the committee. I do not com of the thing involved in snch judgment or decree, as to such defendant, be less than $15,000 and more than $1,000, exclusive of interest and costs; and the court of mit myself as to all its details; but I pre ent it at this time and ask federal appeals shall not have jurisdiction in any such case. that it be read in order that the Senate may be possessed of the SEc. 8. That the court of federal appeals shall have power to issue all writ.~ proposition. Probably there are other plans which can be submitted which may be necessary to the exercise of its jurisdiction and agreeable to the that have not yet been laid before the Senate. usages and principles of law; but the said court shall not have power t~ issne the writ of prohibition. The PRESIDENT pro tempore. The proposed amendment will be SEC. 9. That the court of federal appeals shall have the jurisdiction heretoforo read. vested in the Supreme Court, and hereby abl'Ogated, to review the judgments and The ACTING SECRETARY. It is proposed to ~ t..rike out all after the decrees of the circuit courts in civil cases in wliich the judges of the circuit courts .enacting clan e of the bill and to insert: · shall be divided in opinion; and such jurisdiction shall be exerci edinaccordance with the laws now in force. That henceforth the Supreme Court of the United State shall hold its sessions SEC. 10. That neither the Supreme Court nor the conrt of federal a:ppeals shall annually on the second Monday in October and February, and shall have jurisdic dismi s a canse for want of jurisdiction if the same be within the juriSdiction of tion to review and re-examine./ b:y writ of error or on appeal, the final judgments the other court, bnt shall order the same to be transferred to such court, where a nd dec1·ees of the circuit ana. district courts of the Umted States, the supreme it shall be proceeded with and be in the same condition as though originally brought (l0urt8 of the Territories, and the supreme court of the District of Columbia, in all t{) said court; and the court making such transfer is hereby empowered to enter civil ca es in>olving questions arising under the Constitution, laws, or treaties of ir~.h~:.f:J!~t the plaintiff in error or appelJJwt for costs, including the costs the Uni t.ed States, or the laws of nations, the determination of which shall be neces sary to the decision of snch cases, in all civil cases where the United States or SEC. ll. That the provisions of law defining the dnties and powers of the Supreme any officer thereof sning under the authority of any act of Congress are plaintiffs. Court when less than a quornm is in attendance shall be applicable t~ each of the and in all other cases in which the amount or thing in controversy is of the sum or divisions of the court of federal appeals. value of $15,000 or upward, exclusive of interest and cost; and the said jurisdic· SEC. 12. That the law now in force anthorizin~ the Supreme Conrt to hold ad tion shall be exercised in accordance with the laws now in force, except in so far journed and special terms shall be applicable to tne court of federal appeals. .as the same may be incompatible with thi act; and shall have jurisdiction tore SEc. 13. That the process of the court of federal appeals shall bear teste of either view, by writ of error, the judgments of the said courts in criminal cases, under ~::eo!/~l~~~fth~d~:~~~ereof, and be under the seal of the court and signa- the linutations hereinafter prescribed. SEc. 2. That a court is hereby established to be known as the court of federal SEc. 14. That the rules of the Supreme Court of the United States for the gov appeals, to be composed of two divisions, to be designatro respectively the fhst ernance of its appellate jurisdiction shall be the rules of the court of federal ap and second divisions; and there shall be appointed for each of the saicl divisions peals until the presiding judges of said court, who are thereto empowered, shall a pre iding judge and four associate jnd~es. make other rules. . SEC. 3. That the said court shall hold 1ts sessions at the seat of government an SEC. 15. That the Supreme Court of the United States and-the court of feder:il nually on the second Monday in October and February, and shall h11.ve jurisdiction appeals shall have power to make such orders from time to time touchin~ the secur- to review and re-examine, by writ of error and on appeal, the final judgments and ity given in any writ of error or appeal as the ends of justice may requ:tre. · decrees of the circuit and diStrict courts of the United States, the supreme courts SEc. 16. That the court of federal appe~ls shall be a court of record, and have of the Territories, and the supreme conrt of the District of Columbia in all· ca es a seal such as the presiding judges~ prescribe; and the presiding judges shall in which the amonnt or thing in controversy shall be greater than thesumorvalue appoint a clerk of the said court and one or more deputy clerks, who shall be re of $1,000, exclusive of interest and costs, and less than the sum or value of $15,000, movable at the pleasure of the presiding judges, ancl one of whom shall attend the exclusive of interest and costs, and not necessarily involving questions arising sessions of each of the divisions of the said court. · under the Constitution, laws, or treaties of the United States, or the l..'tw of na SEc. 17. That the presiding judges of the court of federal appeals hall appoint a tions, and in which the United Sta.tes or any officer thereof suing under au act of marshal of the said court, who, with the consent and approval of the presiding Con~ess are not plainti.ffs; and shall have jurisdiction to reviow, by writ of error, juds:es, may appoint assistants and messengers, who, together with the said mar the Judgments of the said courts in criminal cases, under the limitations herein shaT, shall have the same dnties and receive the same compensation respectively after prescribed. .And each divison of the said court shall hear and determine as the marshal and assistants and messengers of the Supreme Court of the United such cases as may be allotted to it from time to time by the presiding jud~es of the States. And the laws applicable to the clerk, deputy clerks, and marshal of the said divi'3ions, who in making such allotments shall not allot to either ruvision a Supreme Court of the United States shall be applioo.bfe to the clerk, deputy clerks, .case in which a judge of such division had sat in the circuit court; and the judg and marshal of the court of federal appeals in so far as the said laws are not incon ments and de~s of the said divisions, respectively, shall be entered as the judg sistent with anything herein contained. ments and d·ecrees of the court of federal appeals. And the jurisdiction in civil SEC.18. That any three of the judges of a division shall constitute a qnorum; eases hereby vested in the court of federal appe..'\ls shall be exercised in accord and in the absence of ihe presiding judge of a division the associate judge senior ance with the laws now in force regulating writs of error from and appeals to the in commission, or where two or more commissions bear the same date the associate SupremeCourtofthe United States, exceptinsofar as the saidlawsmaybeincon jud~ senior in age, shall be vested with all the powers of the. presiding judge. sistent with the provi ions of this act. SEc. 19. That the judges of the com-t of federal appeals shall, before entering SEC. 4. That the defendant in a criminal ca e deeming himself aggrieved by npon the dnties of their office, take the same oaths as are required to be adminis any ruling of the court on the trial thereof may except to snch ruling and tender tered to the justices of the Supreme Court of the United States; and each of the his bill o! exceptions, which shall be settled and allowed according to the truth, presidingjnd~es shall receive an annual salary of-- dollars, payable monthly, and signed by the jud~;e, and thereupon it sb.all be a part of the record of the case. and each of tne associate judges shall receive an annual salary of --dol.la.r8, Sxc. 5. That within one year from the time of entering judgment in a criminal payable monthly. case, and not after, the defendant may petition any justice of the Supreme Court, SEc. 20. That the appellate jurisdiction of the circuit courts is hereby abolished, in term-time or vacation, if suchjud!!ID.ent involves necessarily a question arising except in cases in error or on ap.peal now pending in said courts and the super under the Constitution of the United'States or the law of nations, or any judge of visory jurisdiction of said courts m bankruptcy. t he court of federal appeals, in term-time or vacation, if no such question be SEc. 21. That the circuit courts shall have power to make such rules a~ maybe neces arily involved in snch judgment, for a writ of error, who may :illow the necessary to give effect to this act as to said courts. same nnle s he deem the judgment complained of plainly right, and m::ty order that such writ shall operate as a stay of proceedings under the judgment; but the Mr. MORGAN. Mr. President, I do not know whether it is a allowance of the writ shall not so operate without such order. The justice allow reproach to the people of the United States that they may be termed ing such .writ of error shall take a bond, with sufficient surety or sureties, that the most litigious people in the world if we count the number of cases uch writ shall be prosecuted to effect, and that the defendant shall abide the that arc decided in the courts of jll.stice. Perhaps, instead of its be j nd!!Illent thereon. And if such writ shall be allo>red to operate a stav of pro ceedings under the judgment, bail may be taken, in a case not capital, by a jud$e ing a reproach, it is a compliment to the people, for it proves that of the court to which the writ of error is direct-ed, for the appearance of the a.e they ha-.e a disposition to test their rights upon all proper occasions, fendant in such court at such time as such judge shallappomt, and tb.at he will and that they are desirous of appealing to tribunals of entire impar nnt depart therefrom without leave of the court. And a writ so allowed shall be tiality which may decide controversies between them, rather than to returnable to the next term of the court from which it is ned, and a copy thereof shall be erved on the Attorney-General of the United State , by leaving the same force or wager of battle, and rather than a slavish sub~sion to at his office. .And to the end that speedy justice may be done, the courts afore wrong. said, rospectively, shall advance such writs of error on their docke.ts; and inca e Ours is a >ery complicated, a very difficult system, particularly of affirmance of a judgment proceedings under which have been stayed, the court in which such judgment was rendered shall again pronounce final sentence and with reference to the judiciary. ""hen that statement is made it award execution thereon; and if such judgment be reversed, such further pro should give ri e to a jtist concern on the part of men who regulate ooeding in the ca e shall be bad as the court. of error shall dire-ct. the legi lation of the country to provide every proper facility for 3502 . CONG-RESSIONAL RECORD-SENATE. MAY 2~ the speedy and correct adjudication of all questions that may arise. 1825. I cite this not as being exactly pertinent to the matter now That we are a litigious people does not argue at all that we have before the Senate, but as an illustration of the danger of delay in overweening avarice, or that we desire to transg~·ess the In.w, or that the· administration of the law among the people who have contro we invade the rights of our neighbors more than any other people. versies to be decided. It merely argnes that we have great interests at stake which are llro I will not enlarge upon this topic, l!Ir. President, becRuse it is so· tected by the only tribunals which the people canproperlyresortto entirely obvious that it has engaged the attention of almost all the on all occasions for the adjustment of their rights. There is no point thinking men in the different parts of the Union. As we have learned in which government, whether it is local, municipal, o1· federal, from the remarks of the lwnorable Senator from Illinois yesterday,. touches the people so nearly as throu~h the judiciary. We enact a number of plans h~ve been devised through the thoughtfulness laws in Congress and in the State Legislatures, and in the different and care of many distinguished jmists to provide relief against this municipal governments throughout the countl·y. They are intended prominent evil. We have at last taken np this subject and I do not to regulate men in all their relations to society, civil and criminal; know whether we shall have the courage or the patience to go to the they dispose of all the positive rights and all the equities that may bottom of it. I am afraid we shall not. I am afraid that we shall exist between the people throughout the length and breadth of this substitute some temporary expedient which in the end may prove great country. · mo~e injurious than otherwise, and which, instead of cming the .After we have enacted the laws under the ·constitution they pass evil under which we are now laboring, may only add to our difficul into the hands of executive officers of the Government for direct ap ties. It was with a view of presenting another phase of this subject plication to the people. Before the laws can be administered under that I thought I would have the bill read which, as I have said, Mr. our system directly upon or against the people in this country, there l\Iamy, of this city, prepared, and which I think i. a very ·wise must be an intervention of some judicial tribunal; and that may be project in connection with this subject. accounted as one of tho greatest safeguards of our liberties that the I said that I was afraid we hould not have the patience aml the people have a right to claim, that a judicial tribunal of some char comage to go to the bottom of this matter and to do what it appears. acter shall intervene between them and the hands of executive or to me is most essential to be done to relieve oru· elves of the diffi legislative power. Oul' people may be said to have the best possible culty. I would begin by removing the cause of the difficulty. protection for their rights and their libe1-tie . They are more inter In thinking over this subject my mind has been dl'awn forcibly to ested in the comts than in any of the other tribunals of the country, a parallel which exists between the condition of om jurisprudence because they are held more directly 1·esponsible to them. A man's in the United States and the recent outbreaks of the Missis ippi life is to be disposed of by the judgment of a court in the case of ac River. The subject has recently broke beyond all control. cusation against him of a high crime. His property i ~kewise sub So it is in reference to our judicial system. '\Ve have, through ject to be disposed of in this manner; his liberty, his character, his acts of Congress, been floocling in upon om courts, and especially upon · tamily relations, and indeed all that goes to make up the man as a the Federal courts, new elements of jurisdiction, new q nestion , new social being must be disposed of under our system through the de matters of adjudication which have at last produced a tlood of cases. crees.andjudgments of the courts of the country. It ha.s, therefore, in the Supreme Court and in the inferior :Fedeml comts which we . become an axiomatic principle in our Government, applicable more are now trying to relieve against. In this time of grea-t emergency particularly to oms than to any other form of government with my plan would be to cut down the jmisdiction of the Federal court which I am acquainted, that justice shall be admini tered speedily, and relegate those subjects to the State courts where the~~ were at and without sale, denial, or delay. the time our fathers framed our institutions. No proposition can be stated that is more intrinsically true or im I believe that the difficulties we are under have been the l't'sult of portant in our system than the one I have just quoted. It therefore unwise legislation in the constant endeayor on the part of the Gov l>ecomes the very highest duty of the legislator in the National Gov ernment of the United States to bring within the jurisdiction of it ernment, as well as in the loca,l government, to see that justice is judges a large field of authority and power which om father · never ~peedily administered, and that it is done without sale, denial, or intended they should have. Whether we shall be able ever to return delay. to the States any of this jmisdiction i a question that I am almo t We fall very far short of the performance of om constitutional afraid to express an opinion upon. I am afraid that the Co11gre of duty when we allow any serious embarra sment to intervene to pre the United States can never lJe induced to reverse its action upon vent the speedy administration of justice. By the speedy adminis this subject and to retmn to the States any part of the power which tration I do not mean the hasty and hmried administration which has been usurped throu(Th legisla.tive action iu Congre. s in fayor or oftentimes results in evil, but I mean that admini tration of justice the Federal judiciary. which is attended with celerity, and at the same time with due de If this were a bill to return to the State jmisdictiou that pruperl liberation, so that the decrees ofthe courts, when they are pronounced, belongs to them under our federative _sy tern, I should he ouly to may be referred to a just consideration of all that is involved in the happy to advocate it. It will be for the Senate to determine whether case, a.s well as to a speedy ascertainment and determination of the this comse is to be pur ued or whether we are to adopt orne plan rights in contl'oversy in all matters in litigation. of relief against this accumulation of busine s which we cooper up We have arrived at that condition in om Federal Government to meet present emergencie . If the Senate . hall re olve that this where such a speedy a-dministration of justice has become impossi broa-d scope of jurisdiction shall remain within the control of Fed ble? and it has become the hio-hest duty that the Congress of the eral tribunals, then nothing will remain to us but to devise the be t Umted States owes to the people to remove those impediments which system we can to work off this surplus accumuL'ttion of busine . have produced this clog. I cannot conceive of anything connected Without dwelling lon~er on the proposition as to the nece sity of with the duties of the Congress which is higher, more important, taking from the Federal courts a large portion of the jmisdiction more immediately important, than to provide for the due adminis that they have recently received through le~islative action in CQn tration of justice among the people according to the laws and Con gress, I will proceed to consider comparatively ome of the measure stitution of our country. which have been uggested to relieve the country of this bmden. We heard yesterday from one of the wisest and best-informed of The Senator from 11llinois yesterday gave us a historical state the jurists of this country that not merely the Supreme Court of the ment of the increase of the bu ine s of the Supreme Court of the United States was overburdened with cases which it had not the United States, which I will read for the pmpo e of again bringing power to dispose of within a term of three years, but that all or at least the attention of the enate anew to it : a large number of the inferior comts both in the States and in the The :first volume of Cranch, exclusive of the appendix, which contains an elabo Territories were under like embarrassment. Cases are piled up on rate discussion of a question of commercial law, consiits of but three hundred and the dockets for sheer want of power to dispose of them to that degree sixty-six pages, and it embraces all the cases adjudged at three terms, commeno in"' with the August term, 1801, and in nearly all of them the arguments of coun· that justice may be said to be denied to the people of the Umted sefare given at considerable length. In the succeeding years the bu iness increased States. If the people have the right to resort to the comts for the but slowly, the average beillg less than sixty cases a. year, and at times it hardly adjudication of their rights, and we refuse or delay to furnish them seemed to keep pace with the growth and de\elopment of the country. In 1810· sufficient facilities for having those rights determined, the charge there were 98 cases on the docket; in 1820, 127; in 1830, 143; in 1840, 92 ; in 1850, may be justly laid at the door of Congress that we deny to the people 253; in 1860, 310; in 1870, 636; in 1880,1,26:!, and at the present term, 1,204. justice. That appears to be a grave accusation, and yet it is no more That presents a condition of :.tffair which renders it ab olutely grave t,han true. In our numerous engagements, callin~ our atten impossible that either nine judges or twenty-nine judges can ever tion to the diversified inte1·ests of fiftY millions of people, and in a dispose of the docket in the ense of administering justice without country that is now merely springing into existence, as we may say, delay-administering it speedily. Here we are confronted with some a country which has now over one hundred and fifty different forms thing that we must acknowledge to be an insupera.ble difficulty of government within its borders to deal with, we omit to provide under om existing system. The arithmetic progres ion with which for that most essential and fundamental matter, the speedy adminis these dockets have piled up since the organization of the Supreme tration through the courts of the laws of the laud. Court places it beyond all di pute that we are compelled to furnish Why, sir, I had the henor to make a report the other day iu refer some remedy to the country against this evil, or else we are com ence to a great land court in the United States, the General Land pelled to abandon a constitutional duty which we are sworn to ob Office, and there appeared to be penc>ing in that one court alone serve, which I believe to be one of the highest and most sacred we for it is only a cou.rt-150,000 undisposed of cases, cases in which have left in our charge. . . . lancl'!'.itles are brought in question, cases where the titles to the homes Not less diffi.cult or embarrassing is the condition of the public of the pt-><>ple are dependent upon adjudica.tions to be made here business in the inferior courts, the circuit and. district courts of the aft-er, and these causes have be~n accumuln.ting there since the year United States. There are many of tha circuit and district eourls iL 1882. CONGRESSIONAL RECORD- SENATE. 3503 which there is an accumllla.tion of business that the present force of the Supreme Court, the mere numbers of the bench, and for dividing judges would be incapable of working off in two or three or four them into sections, as is the case now in the supreme courts of France years to come. · and of England, it seems to me, are entirely true, and are based upon Consider for a moment the enormous expense that that brings to the necessary construction of our Constitution. the clienta;,~e which appeal's before those courts. Here witnesses If there is one proposition· connected with our judicial estat>lish must be caued from term to term; costs must necessarily accumu ment which is absolutely tl:ue it is that we have but one Supreme late. No man, whethe1· he is plaintiff or defendant, can afford to Court. In that Supreme Court the Constitution ays that the judi assume that his case is not going to be heard at a particular term cial power of the United States is lodged. Now, what is the judicial unless there is a stipulation in advance to that effect. The enormous power of the United States Y It is all the power to administe1· justice w~ste of time of the witnesses who attend the courts, expenditure of t.b,at belongs to any government, except so fa,r as it is limited by the money necessarily attendant upon the slow administration of the express qualifications in the Constitution. The judicial power of a business of the courts, is o:pe of the heaviest burdens of taxation that State, which is unlimited except by the provisions ofthe Constitution these people have to sustain ; and then there are mileage allowed to of the United States, ext-ends to every question of judicial inquiry, marshals and to witnesses, fees to jurors, costs to clerks, the records whether it is civil or criminal. The judicial power of the United increasing from day to day. After one has got his case through a States extends to every question of judicial cognizance, whether circuit or district court of the United States (he may have spent all civil or crinlinal, unless an exception is created by some of the other the time from two to ten years in getting it decided in the court provisions of the Constitution. below) he brings it to the Supreme Court without the hope of its It has been arO'ued that the appellate juri diction of the United being reached upon the docket short of a period of three years. ·That States Supreme Court is given by a statute. It seems to me that no is a denial of justice to the people. We cannot afford to go before proposition could be more fallacious than that; that jurisdiction is the country ana say to the people, when we have got $150,000,000 of given by the Constitution of the United States, subject to regula surplus revenue annually drawn from them by taxation, "We have tion and control by statute. We can carve out of that jurisdicLion not the ability to furnish the tribunals necessary for the decision of what we please. We can deny to the Supreme Court by an act oi these causes." Con&'l'ess the power to exercise appellate jurisdiction in cases where I am arguing upon the assumption that Congress will not cut down we tnink it should not exercise appellate jurisdiction, but the power t.he·jurisdiction of the Federal courts; that they will maintain the was in the Constitution originally lodged in the courts subject to system as it is now, and perhaps go on to increase and broa-den that the modification and control of Congress. That does not destroy jurisdiction. I am, therefore, arguing in the presence of a difficulty the unity of the Supreme Court of the United States, nor does it in which it is our duty to remove if we have the power to do it. This tho slightest degyee impair its supremacy a an appe.late tribunal. subject ought not to be allowed to rest until .this great embarrass The Supreme Court of the United States is not to exercise such ment upon the c-ountry has been provided for. appellate power only as we may dole it out to the courts, for it has I had·a friend this morning to procure for me a statement of the appellate power, but it exercises that power in ubordination of the 1·eports of adjudicated cases in the United States, taking the State legislative will. That is the true statement of the proposition. courts and the different Federal courts to~ether. In Alabama there Therefore it is true that the Supreme Court of the United States are 88 volumes; in .Arkansas, 36; California, (that young State,) 58; i~ one supreme court, and any measure by which it m.ty be under Colorado, 4, (that is in the Territory;) Connecticut, 55; Dakota, 1; taken to divide that Supreme Court into difterent sectious will be, Delaware, 12; t~e District o~ Columbia, 9; Florida, 17; Georgia, 7; in my judgment, an unconstitutional in>a ion of the unity and Idaho, 1; Illino1s, 108; Indiana, 84; Iowa, 61 ; Kansas, 26; Ken authority of that great t1ibunal. tucky, 77; Louisiana, 107; Maine, 83; Maryland, 95 i Massachusetts, I know that a number of distingui bed jurist in the United States 133; Michigan, 52; Minnesota, 27; Mississippi, 6~; Missouri, 81; differ with.me in this opinion; still I cannot reason myself out oi Montana Territory, 3; Nebraska, 11; Nevada, 15; New Mexico, 1; the conviction that the Supreme Court is one of the co-ordinate de New Hampshire, 62; New Jersey, 76; New York, 550; North Caro partment of this Government fixed in the Con titution and that lina, 89; Ohio, 66; Oregon, 8; Penn-sylvania, 219; Rhode Island, 12; we have no right to legislate in reference to that department, exceptv South Carolina, 97; Tennessee, 79; Texas,66; Utah, 2; Vermont, 61; to the extent that is provided in the Con titntion it elf, for the Virginia, 67; Washington Territory, 2; West Virginia, 17; Wis qualification or modification of it powers or in reference to the man consin, 64, and Wyoming, 1. Of United States circuit and district ner of their exercise. coill't 1·eports there are 157 volumes; of United States Supreme I am, therefore, entirely in harmony with the view of the Senator Court reports there are 103 volumes. The Court of Clainls reports from lllinois on that branch of the proposition, and the bill of Mr. are to be added. The aggregate of all these reports from the States l\Iaury is also in harmony with those view . I would regret to see is: State reports, 3,117 volumes; United States district and circuit the day when we would divide the coUl'ts into sections and require court reports, 157 volumes; United States Supreme Court reports, three or foUl' judges to sit upon one class of ca es 'and three or four 103 volumes. The total a~~regate is 3,377 volumes; and I might add upon another clas of ca es, and to have their deci~ion entered upon that no two of them are a.li.K.e. the record of the coill't. No judge ought ever to be compelled t() In these 3,377 different reports of the different courts of the Union, ~i ve hi sanction to a decision in any cause unless he is entirely nearly all of them claiming to be a supreme court, law can be found tamiliar with it and unless he participates in the judgment; and he in any shape and style that one may call for. I can find not one must participate just as fnlly as any .other judge doe in hearing the decision but many decisions on any side of any question that any cause. That is the elementary and indispensable requisite of a cor man can suggest. Yet numerous questions remain still to ue con rect judicial decision to be made by a court consisting of more than sidered and decided; they are arising continually under our chang one judge. Each judge on the bench must con~ider the cause for in~ legislation and under a ~.reat va1·iety of circumstances which himself, and the parties litiigant before that court a well as the coun brrng new matters into litigation between the people. try at large have the right to the wisdom, the industry, the careful Look at that enormous mass and answer the question, what will investigation, and the conscience of every judge trying a cause upon it be in a hundred years to come? With our progressive increase of every question which is made in theca e. A judge may concur with population and wealth, which leads necessarily to an increased litiga the majority, or he may dissent, but still it i the right of the par tion, with all the new questions that must arise, what will be lihe ties litigant before the court to have the judgment of every judge volume of the legal decisions of this country in another century or upon every question that comes before it, and nothing can be said to. in another half centill'y f It is a startling proposition to any one who be a perfect administration which does not go to that extent: has ever reflected on this subject, and it seems to be one of the mat I therefore recognize the constitutional impossibility as well as the ters that is almost beyond control. I have thought that if this sys practical impossibility in view of a wise administration of justice in tem of governii,lent should ever be dissolved it would result from the t.he Supreme Court by merely increasing the members upon the bench. fact that we have such different systems of jurisprudence within the You may add to that bench as many judges as yon please, and the several States, and that our decisions are so variant upon general judges themselves will decide that the oourt is a unit, and that every matters of public right as well as of private right. 1 judge must hear every case that is presented to it. That has been. Justice in the United States is an expensive luxury. At the same the practice in the Supreme Court af the United States from its first time we must deny the very organic principles of our Government organization. · if we do not provide for its speedy and safe adrniniRtration. We It is not proper, I think, that we hould venture upon an experi cannot prevent litigation by legislation; we can only provide, under ment of that kind when the judges would meet our law', afterwehad our system of Government, that there shall be a right of a speedy enacted it, with the answer "We are a unit, and you cannot divide· hearing. Perhaps the right of appeal which has been so universally us up into different tribunals and assign the power of rendering a accorded, in all mann~r of cases, as a part of the justice of our judi final judgment t,o two, three, or four men in this tlibunal." Ther& cial system is, of itself, largely responsible for this great mass of lit must be onejudgment, and to be one judgment it must be the judg igation which has gone into the appellate courts and which has a.dded ment of every man upon the bench; it mu. t be the judgment ex to the expense of the people, and greatly to the confusion of our ju pressedpro or con., the judgment of every man who participates in. dicial system ; but there stands the evil and we have it to deal with. the investigation. The question recurs, Which is the best plan Y · We come to the proposition that we cannot relieve that court The honorable Senator from Illinois yesterday stated various plan~ merely by increasing its number. In fact we would only increase which have been proposed. Some of them he said, provided for an the difficulty of deciding causes in the Supreme Court by an increase increase ofthe numbers upon the Supreme Court bench. The reasons of the numbers. If you had a court of thirty members it would re which ~he Senator g~ve in opposition to an increase of the judges of quire the investigation of thirty different mhH1'3 upon thirty recorda.. 3504 CONGRESSIONAL RECORD-SENATE. and briefs, and a consultation among this large number, where I question that involves nothin~ except the convenience of the bar. think we should be sinking wisdom in numbers rather than gaining If there is anything else in it 1 cannot see it or understand it. The strength or safety from a multitude of counsel. precise issue upon that branch of the bill i whether we shall have It is true in the experience of the great jurists of the earth that nine courts, with the danger of leading to this confusion in our judi the smaller tribunals are the stronger and more powerful as courts. cial system, or whether we shall have one intermediate court, located Bring a question of lawbefore the Senate in which a large majority here or where it may be more convenient. of the body are trained lawyer and ask them to decide it by a vote, I am in favor of one court·. I am in favor of Mr. l\Iaury' propo and oft-ener than otherwise you will :find them divided in nearly sition in this respect, because it provides for the .appointment of ten ·equal numbers upon either side of au intricate question of law. Take j ud~es instead of eighteen. We would relieve ourselves to the extent the debate on the Geneva award fund, if you please, which has been ofmghtjudges by taking a court located at Washington or located 'before the Senate ever E!ince I have had the honor of a seat on this anywhere t.hat you please, instead of a court of eighteen judges to iloor. Whohasevercometo a conclusion, or even a guess, as to what be appointed in addition to those who are upon the bench now·. the Senate would do in the decision of that ca et Yet it is a ques If the Congress will do full justice by this subject, if-they will con tion of law, or a question of equit;v based upon law. It is the very sult the welfare and interests ofthe people of the United States instead number of minds engaged here in thinking over these questions that of a particular class of professional men, we shall :find no difficulty produces the difficulty. I can pick a committee of :five out of the in having a court of appeals here which will answer not only all the ·senate of its most enlightened jurists and lay the Geneva award purposes desi~ned in the bill of the honorable Senator from Illinois .question before them and get a decisionsntisfactoryto the entire coun but answer tnem in a very much better manner, I think, than his try after they have he~rdargument upon both sides; but neither the bill provides for. The bill of the honorable Senator takes the cir· Senate nor the House of Representatives nor the country perhaps cnit and district judges who are now in office and eighteen judges, will ever be satisfied with the decision that we shall make upon the to be added to them, two for each circuit, and groups them in differ law of that intricate and involved question. I mention this to how ent circuits in nine courts of appeals. th~ difficulty of getting large bodies into harmony of action on - I will not dwell longer upon what the course of action would likely judicial questions. be between these various courts leading to conflict and confusion. Another very seriou difficulty in the bill under discus ion is that I will now call the attention of the Senate to a topic that I beg them to .it divides the res:ponsipility between too many. There is nothing consider in the light in which I intend to present it, as an honest and which brings a man's mind right down to his duties so qnickly and faithful review in part of the existing judicial system in the United firmly as to burden him with a great responsibility whieh rest upon States. I do not intend to cast reproach unnecessarily upon any him exclusively or upon n very few a sociated with him. There is man, and I do not intend to arouse any feeling about this business. nothing like it. If you want safe ancl wise judgments in the courts, We have nine circuit judges in the United States. I have no re that will stand the te t of time, you must have men to render them marks to make about them except that some of them '\rereappointed who have impo ed upon them all the weight of responsibility that in times of high political excitement, and they seem to feel that it is ,you can bring to bear on their minds and consciences. a part oftheir judicialdutyto respond on all occasions where oppor I do not look to an increase of the number of judges on the Supreme tunity is afforded to the sentiment which led to their appointment. -court bench with any hope of relief from tae difficulties to which I I am not overstating the case in this matter. No Senator here can Lave adverted. We must' take some other plan. What other plan deny to his own conscience, I think, the fact that judges now upon can be sug~~sted besides an intermediate court of appeals Y None the · bench in the United States have been appomted not merely that I can tnink of; none that the wisest men in this country have because of their political opinions, but because of their intensity in ~'ls yet been able to bring forward. the service of their party; because it was expected of them when I therefore heartilv concur with the honorable Senator from Illi they got upon the bench that in all cases which might arise that had .pois in his project of having an intermediate court of appeals, but any political significance they could be counted on to give a decision J: think he has too many intermediate courts of appeal. I think that in favor of the views of the party which appointed them to office. we shall have much the same difficulty as now, in kind if not in de That is a grave accusation to make against ariy government or gree, in having nine organizations in the United States as courts of any people, but I make it in the light of the facts. History bears .appeal. We have too many now. It is proposed to add nine others, me out in this statement fully and. completely; and now that we are and these other nine will all be in the exercise of exactly the same passing into a better state of feeling in this country, I appeal to Sen jurisdiction. We shall have eight chances to one of ine-xtricable con- ators on all sides that in the further increase of the bench we shall fusion in the decisions of the e courts, to increase year after year as have an opportunity to get men fresh from the country, who will we progress with this system. have a chance to come to the bench free from the exacerbation of We have one Supreme Court, who e adjudications are an honor to feeling on political subjects, which, I think, has too often led to the American people, of which they may be justly proud. I will not serious injustice on the bench. · · ·deny that on some occasions that court even has peen influenced to This political partisanship is more particularly true, I think, in make decisions which perhaps will not stand the test of future in reference to the district courts than it is as to the circuit courts. I vestigation. That court has sometimes found itself compelled to believe that more of the district judges have been appointed in con overrule some of its own decisions. It has always done so boldly sideration of their extreme party bias than. of the circuit judges, in and freely, and with a view to the ultimate security of justice ac proportion to their numbers, and they have 1·esponded to the motives ·Cording to law; but if that court had been divided into sections, one that led to their appointment by various acts upon the bench, some ;.sitting in Maine, one in C.aJifornia, and one in Florida, if they bad of which an American ought to blush to be compelled to recite !Jefore been considering the questions apart from each other, deprived of the Senate of the United States. the advantage of conferring upon great and difficult questions which I prefer that the President of the United States, Republican as he .'ba,ve been presented to it for considem.tion in the past, we should is, with the Senate, Republican as it is, should have the selection' have had confn ion and trouble instead of harmony and strength in of the ten judges who will compose this court, out and out., from ,its decisions. the })eople who are qualified to occupy these pla.ccs, to taking up I cannot bring my mind to believe that nine courts of federal ap the old fossils who are upon the bench, and who have become in peal intermediate between the Supreme Court and the circuit and durated in the service of their party rather than in the service of ·district courts of the United Stat-es would ever agree in their lines their country. Above all things, let us have a judiciary upon which .of decision, even upon great and important topics, in such mall1ler the people can lean in confidence, and feel that they can submit their .as would put questions at rest. I think we have a plan in this bill controversies to them "\\i.thout the expectation of party bias or feel which will result in greater confusion than we now have. and in the ing intervening to affect the judgment of the courts. No disgrace mere addition to the contradiction and contrariety of decisions will eli. like that can be inflicted upon a country without the most serious .are now a burden upon the jurisprudence of the United States. injury to all dasses of people. Why do we want to have nine courtsf For no other reason than I speak upon this subject not only with knowledge but with feel for tbe accommodation of the bar. Being a member of that profes ing, because in the State where I live district judges since the close .sion, I can speak freely upon the subject and against their being of the war have been the mere tooIE! of party. I do not wish to see accommodate(l at the expense of the country. You would go to New men of that class put upon the court of appeals. Some of them hn.ve ·Orleans with a court because that is a great commercial cente:r and not quite the ability to preside in the district courts and to couduct nearly the center of a district. You wish to go to New York, to Saint the business of that court in a proper way. What have they in the Louis, to Chicago, to San Francisco with another for the same reason way of talent or learning or ability of any kind for a court of fed .all for the accommodation of the members of the bar. eral appeals f They would be a mere drag and an incubus upon it. Appellate courts do not have people brought before them to be Why should we go to thein and invite them into a court of appeals' heard in open court; witne es do not attend. The record is made Every reason that occurs to me is against it. They are the very np in the court below and transmitted to a clerk. It is printed in judges that a court of appeals is needed to control. I believe in the the appellate court along with the briefs of counsel. .A. few lawyers independence of the judicial system in all of its gradations of author assemble, just as we see every day in the august tribunal that sit-sin ity as well as in its independence of legislative or executive con this Capitol. A few lawyers attend to make their argument.s before trol. I believe that a groat deal of the power and influence of that the court according to itkl rules of practice. The clients are far dis- court depends upon its constitutional and legal independence. I . tant, it may be beyond the seas, and never feel that it is necessary to have had great doubts about the propriety of permitting the judges come to Washington to look after their causes. No one attends but of the Supreme Court to preside in the circuits at all. The only ar ,the lawyers engaged in the cases. gument in favor of it that I can think of is that they have ~u oppor The question whether we shall have nine courts or one court is a tunity of understanding the people of th"l {}Ountry, of mixing with 1882. CONGRESSIONAL RECORD-SENATE. 3505 them and understanding the d.Uferent local systems of jurisprudence United States is a judge and twelve jurors, and the jud~e can no throughout the States in which they may chance to preside, but I more convict a man of an offense, or acquit him either, Without the now believe that it would be better if no judge of the Supreme jury than the jury can without the judge. The two constitutional Court of the United States should ever be permitted to sit upon a tribunals or powers combined together under the law comprise a cause on a circuit. court, and without either there can be no court. Each have their 1\Ir. President, I have said that I had a right to know something rights, their privileges, and their duties. Here the judge, against about the :fitness of some district judges to sit in a court of appeals. whose decision there could be no appeal, said to the jury: ''If you I have a painful right to know it. Justice has been perverted in the believe the evidence in this case, the defendants are guilty." There dish·ict courts of the United States in Alabama, it seems to me, in uyon the foreman of the jury arose and asked the court: Have we a. an arbitrary and tyrannical manner. Do you remember-of course nght to apply the law in this case to the facts t In the event that you rlo-that no appeal is allowed to the Supreme Court of the United we :find the defendants in this cause were not infiuen ced by any cor States in any criminal causeY Appeals are allowed to the Supreme rupt or improper motive, but honestly believed that they were doing Court of the United States in all that concerns a man's property, right, have we a right to take that into consideration T Said the providecl he has got:fi ve thousand dollars' worth in a controversy. In court : Yes, you can take that into consideration, but I have charged every constitutional question and in every question ofthe construe- you if you believe the evidence in this case you must :find the da tion of a United States statute which concerns a man's property, he fendants guilty. The jury went out and they refused to :find them may have an appeal to the Supreme Court ofthe United States, but guilty; they found a verdict of not guilty. In that one instance, if when you come to take his life from him by decree or judgment of a there is no other to be recorded in the history of this country, that Federal court, or to imprison him for any period of years, or to im- jury nobly vindicated the rights of juries under the Constitution pose :fines and penalties upon him, no appeal is allowed under our and laws of this land, and for that reason they were immediately judicial system. · and indignantly discharged for the term by that judge. What was the reason assigned for it by the honorable Senator from I have recited the facts of this case, as I am assured they are true. Illinois yesterdayY That the court could not bear.the burden which I say that the conduct of this judge was influenced by no other rea appeals in criminal ca-ses would impose upon it; that the court would son than because there was a contested case pending in the House :find it impossible to decide questions of life and liberty, and there- of Representatives. The judge made a decision of that kind against fore this great tribunal must be confined simply to questions of the validity of the action of the inspectors, so that his friend might P!operty, and that too only when the amount in controversy exceeds be seated in the House. $5,000. All that class of people who do not happen to own :five thou- Mr. BUTLER. May I- inquire the name of that judge T sand dollars' worth of property, all that class of people who may be Mr. MORGAN. His name is Bruce. Now, I will give you another subjected to political persecution, all who may be the victims of case decided by that judge, and you will see what sort of a court-of wrong and outrage, must go unrequited of justice in the great ap- appeals judge he would make. He is a district judge, who has the pellate tribY.Ilal organized by the Constitution, and for the only rea- right to exercise circuit court powers whenever the circuit court · son that if they were allowed to come here with their complaints judge is not there, and in conjunction with him when he is there. the court would be so clocY~~ ;ith business that it could not afford He is not the presiding judge in any sense, but he has got all the . to undertake the job of a · 1· tering justice. powers and jurisdiction of the circuit judge when the circuit judge When the honorable Senator, who has had so much experience upon is not present. The :fifth circuit comprises the States of Georgia, the bench, was reciting that fact to us, I could but wonder what pos- Florida, Alabama, Mississippi, Louisiana, and Texas. terity would think of us, fifty or a hundred years to come, when it Mr. INGALLS. How long has he been on the bench f should be announced to them and reflected upon by them that the Mr. MORGAN. He has been on the bench about ten years, I think. Government of the United States had denied to every man in the 1\Ir. GEORGE. He is the successor of Busteed. United States the protection of the Supreme Court in all matters of :Mr. MORGAN. Yes, he is the successor of Busteed, but net so tal- life :md liberty, and merely because Congress could not :find a method ented a man as Busteed. uy which these questions could be considered. It is a reproach to Mr. INGALLS. Is he a native of the district! our judicia,! system, and has been from the foundation of the Gov- Mr. MORGAN. He is a native of Scotland, as I am informed. He ern.ment. There is not a lawyer, I think, who ever examined the· was never· in the district until he came there among that elect band question who has not felt that it was a wrong. that we call "carpet-baggers" in the South. But I do not wish to The judges have the virtual decision of all cases in the district and speak of him in that connection; I am speaking of his acts on the circuit courts. Only a·few days ago acaseoccurred in Alabama under bench. I am speaking now to convince the Senate, if I can do it, the election laws of the United States, and which shows the power that there are some men on the district bench who are not proper of the judges. Three men had been appointed inspectors of election men to be carried into a court of appeals, men who have not the wis at Huntsville, in Alabama. One was a Greenbacker, one a Democrat, dom or the qualifications in other respects to entitle them to preside and one a Republican. A contested election was pending in the in a court of such dignity and power. I do not want to add any House of Representatives-it is pending there now-and it became thing to the power of such men. If I am compelled to endure t:Q.em, necessary to have a decision of the Federal courts that certain ballots a-s I suppose I must be, with patience and resi~ation, I will not be which had been excluded by the inspectors as being contrary to the a party to increasing their powers in any contingency or under any statutes of the State of Alabama were after all valid ballots, and that circumstances. the men who had excluded them had violated the laws of the United I have a record of the Supreme Court of the United States here in States. An indictment was found. A jury was summoned, and at another cause that came from that judge. This was a suit upon the head of that jury stood a man whose intelligence and ch-aracter coupons detached from bonds which had been issued by a town in would entitle him to a seat on the floor of the Senate. I know him Alabama, the city of Opelika. The party in bringing his suit upon well. He is a thoroughly conscientious gentleman. Associated with these coupons, he holding the bonds at the time, had detached a little him upon that jury were Republicans, Greenba-ckers, an.d Democrats. over five thousand dollars' worth of the coupons,"and included them The witness who was examined for the Government was one of the all in his action. The defendants pleaded various pleas of non est inspectors. He was the Grsenbacker and a relative of the gentleman jactu1n1 to which demurrers were susta~d by the court. There now contesting the seat in the House. He testified that when the upon there was what we call there the sworn plea of non assumpsit, inspectors opened the box and examined the ballots they found that which puts in issue the factum, the instrument sued upon, andre there were certain prints upon some of them whiaB. in their opinion quires the plaintiff to prove its validity throughout. It is the gen renderedtheminvalidunderthelawsofAlabama, butnotbeingquite eral issue sworn to under the practice in Alabama, which has ob certain of that they took legal advice, the best th;tt could be had, tained there for a great many years, long before I ca.me to the ba-t and after due consideration, upon their oaths as inspectors they de- in that State. cided that a certain number of those ballots cast for the Democrats · The court had pronounced its opinion upon these demurrers, and were invalid and certain other of those ballots cast for the Green- the parties went to the jury. The plaintiff introduced his coupons backers were invalid, and they threw them out. It turned out that and the defendant introduced all the records of the proceedings of the larger number of ballots thus inspected and thus thrown out had the city of Opelika upon which a plea was predicated that the ac been cast in favor of the Greenbacker. The indictment was predi- tion of the authorities in that city was ultra vkes, and the bonds were cated upon that state of facts and this gentleman was brought in to therefore void. The parties argued their cause and the judge charged testify. He swore to these facts. He stated that neither himselfnor the jury to the effect that if they believed the evidence they must his coiuspector so far as he knew ha-d the slightest idea of violating :find for the plaintiff, the defendant undertaking to protect himself any laws of the United States. He said they were acting underDath by asking charges just the converse of those which had been asked as inspectors, and under the laws of the State of Alabama they b~ by the plaintiff. After the case had gone to the jury the plaintiff lieved they had the right to reject these ballots; if they were lUis;.:. asked leave not to enter a 1·etnu;it, a discharge, or a relea-se of a part taken in t.heir opinions it was only a mistake of judgment; nothing. of his cause of action, but to withdraw a certain number of .the more. The judge who presided in that case, knowing that no supe- · coupons from the suit, so as to bring the verdict that the jury must rior tribunal could control him, after the district attorney had signi-. _render within the sum of $5,000. It was objected by counsel on the fied his purpose to abandon the .case and said that there waa really other side that such a colllSe would cut them off from all opportu- · nothing in it, charged the jury that if the jury believed the evidence · nity of appeal to the Supreme Court of the United States, and that in the case the defendants were guilty. was the design of the motion. The plaintiff did not ask leave to en- Now, what chance did those defendants have f What is a courl! ter a 1·etra:cit or release of the sum over $5,000, but to amend the A court for the trial of a criminal cause under the Constitution of the pleadings and exclude these coupons, which its counsel might selec~ Xill-220 3506 CONGRESSIONAL RECORD- SENATE. MAY 2, from this actiQn, and leave them, of course, in condition to be ~uain entered on the execution docket or minutes of this court befgre the said :fines are paid then and in that event aJl further proceedings nnder said sentence of this sued upon. The effect of that judgment was, of course, to validate court shall thereupon cea e, and the said respondents shall thence be discharged beyond all dispute and denial thereafter every coupon cut from the from imprisonment under said sentence. bonds and the bonds themselves. The bonds amounted to about Now, what is that Y Each of these men was :fined to the extent of twenty-five thoUBand dollars, and the coupons, which had matured exactly one-third of that judgment, interest and cost.. In favor of and been sued upon, amounted to over $5,00_D. The point was m~de whom is the :fine imposed Y The Government of the Uruted States ; before the court that the object of the motwn was only to deprive but the court provided in its judgment that even after the court the defendant in this case of the right of appeal to the ~upreme had adjourned and the question of the collection of that :fine had Court. The court auainst that objection thus made openly m court passed clear the power of the c?urt, if the would allowed the to be withdrawn, and the jury thereupon were b~yond prisOI~.ers coupon~ pay the judgment of Dix & Co., the :fine m ~avor of the Uru~ed S~ates instructed to brin{J' in a verdict for 4, 765.64, and the man's appeal should be remitted, and they should be discharged from Impnson was taken away from him. · ment thus UBing the criminal power and the majesty of the law of I do not know how to characterizeathingofthat sort. with proper this l~nd to extort from men who were locked up in pri~on, in the deference to the tribunal before which I am now speaking. A man common jail of Montgomery County, a sum of money under the pre who will unaertake to deny to a party the right to review his de text that it was imposed as a :fine· to be paid ove~ to Dix & Co., and cisions on the bench can never be a qualified person, in my j dgment, if paid to them then the Government of the Umted States was not to sit in a court of appeals. to 11eceive any part of the fine. . . I have uot another case to illustrate the unfitness of this judge to Here i a contempt of court, so ca.Ued. Here IS a Judge who :fined preside ufany court. It was another acti?n upon coupons. cut from . three men for a contempt of court. He impo ed a penalty upon bonds issued by the county of Chambers, m Alabama.. A JUdgment the e men becau o it was alleged by the court that the honor and was obtained in favor of some Cubans; thereupon a motwn was made dignity of the judicial tribunals of the United States had been vio in the circuit court of the United States for a writ of mandarnus to lated by their contempt of the order of the court, and after thUB compel the commissioners of the county of Chambers to leyy- a tax, parcelinu out the :fine in these exact figures, dividing the sum of in accordance with the statutes of Alabama, for the collection of the ,152 by 3, and :finding that that was th~ measure of the contempt pe~ple ~ounty. Th~ judgment out of the of that board of county inflicted upon the Government of the Uruted ~tates, the court made commissioners, the pre 1dent of which was the JUdge o.f probate, provision that the. Government should lose ?ts :fine, and then the obeyed the order as far as. the statutes of .Alabama authoriZed; that contempt against It shoul?- be expurgat~, m the event tha~ the is to s11y they levied a tax in precise conformity to the statutes of prisoners would pay the JU~~en.t to DIX & Co. .A. ~ta:te JUdge Alabam~. However, the order of the judge contained another requi was locked up in a county Jail With two of the comm1sswners of sition upon them, not only that they should levy a tax, but that they Chamlters County, under a void order of the district judge, for a. should collect the money. That they had no power to do. No statute term of imprisonment to which no limit was :fixed in the sentence of Alabama or of the United States authorized them to collect the of the court. money. That is the duty of a tax collector, not of~ court. I think that no plainer instance of judicial tyranny tha:J?- that was It was their duty to levy a tax but not to <;ollect It. Hence t~ey ever recorded in the books. The Supreme Court of the Uruted States could not perform the duty, and did not undertake to perform It; considered this question, and after these men had lain in jail from but in the most respectful manner they certified their action to the the middle of November until late in January, told them to go hence court. Thereupon the court ordered an attachment ag~inst them without day; that this judge had acted beyond his powers in the under a rule to show cause why they should not be purushed for a imprisonment that he imposed upon them. . contempt. They came forward and made their answer to the writ What is the liberty of a citizen of the United State_s .worth m a of attachment. They set up that they had complied with their duty court of that kind f There was no appeal from that deCisiOn, no law to the court, and in the most respectful manner undertook to show the of Congress authorizing an appeal. There was no writ by which it court in their return that they had done all they could do. At the pre could be reached except the writ of habeas corp1ts attended by a cer cedinu term the court had pronounced judgment against them, that tiorara · and the Supreme Court of tha United States really had to they ~ere in contempt for not collecting the money, and stayed th~t invent}a means by which they could correctthis~eat outrage 1?-pon judgment until the next term of the court, expressly, as stated m these men. Mr. Rowland, the judge of probate m that srut1 Is as the judgment that they might have the opportunity, not to collect venerable a man as any who sits upon this floor, a man of the highest it out of the' people, but to pay it. The next term of the co~t pos ible character and a man who su:ffer~d ~u his feell?gs as we~ as passed away and it was suggeste~ that the d.ebt had not been paid. in his person beyond the power of descnption by the mcarceration. Thereupon a writ of attachment ISsued agamst them. They came Am I to be invited by this bill to take the man who made that forward and made further answer, setting forth that they had don~ all decision and put him on the court .of appeals, and put more power that the law authorized them to do; that no statute had authonzed into his hands f I am not responsible for his being on that bench, them to collect money from the people, and they would be trespassers but I would be responsible if I did not rise in the Senate of the United if they undertook in person to collect it. The court thereupon sen States and state these reasons, and put them on record here, why that tenced the remaininO' commissioners to imprisonment in the common man should not go upon a court of appeals. This is a painful duty jail of Montgomery ~ounty, (two of the commissione!s had ~ed,) for me to perform, for I scarcely kn.ow ~' but. I conl:d not recon~ile and they were to remain there until that debt was paid. I wish to it to my honor as a Senator to remam silent while a bill was pending read to the Senate the judgment in that case: here to propose in any event or an~ contingency to take ~hat man Dix & Co. vs. P. M. Rowland, judge of probate of Chambers County, _D. C. and give him more power and put him on the bench of a h1gh court Shutzo and R. C. Germany, members of the court of county COIDDllSSlOner of appeals. of said county of Chambers, in the State of Alabama. November 21, 1881, pro- ceeding by attachment for contempt. . . There may be others like him; it is not for me to say. I speak In this proceeding by attachment for cont.emptall the parties this day appeared within the bounds of the records and of my knowledge and infor- · in this court and were further heard by this court touching the matters of con- mation upon this question. The facts are undeniable. I give but tempt invol~ed in this proceeding. . . one instance of the unfitness of a judge; there may be others. I And it appearina to the court that at tbelast term of this court, to Wlt, on July believe that there are others quite as conspicuous as that. 16,1881, the responaents the said R!lwl~nd, S~utze, and.Germany, were f?Uy heard as to the said matters of contempt m disobeymg the s:ud perempt{)ry wnt of man It is one part of the evil of the times that the pe?~le have had damus duly issued out of this court, theretofore to them, and duly served o~ them, judges put upon them who were unworthy of the posi.twn, and that and tbat upon said hearing the said respondents were ~uly and properl:r adjudg~d being a fact which we_ must co~ont and ca~ot get n'!- of, :ve ought and found by this court to be guilty .of co~teml!t of this ~ourt m relation to sa~d not to increase the evil by calling these men m to preside m a court peremptory writ of tnandamus menboned m ~his proceeding for conte~pt, and m disobeyin~ said last·named writ, but that saul respondents were reqrured to a-p of appeals. pear in th1s court on the first day of this term, to receive such sentence as this You may say we can control them or that the other judges will court may deem meet to pronounce in the premises; and it is now. made further control them. I do not know whether they will or whether they to appear to this court that said respondents .have not ob~yed s3;1d pere~ptory will not· but, sir, it is not proper material for a court of appeals. writ of mandamus, nor certified any such obedie!lce, but still contmue. to disob~y said writ of peremptory mandamus, and that sa.J.d respondents are .e:uilty of. srud I very m~ch prefer Mr. Maury's plan, which selects men that the contempt in disobeying said _pereD?ptory ~t of m~ndamus, and ~at the Jnd~; party in power is now willing to indorse after the fury and rage of ment of said Dix & Co. mentioned m that wnt, and m respect to which that wnt party hatred which grew out of our late struggle. have son:e.wh~t was issued remains wholly unpaid and unsatisfied and of full force, and that the amount due upon said last-mentioned judgment, including the principal and law- passed a way. I will not vote for a. bill that has got such a _proVIs~on m ful interest thereon, and the costs up to this d!l'Y is $3,152: . . it. I will undertake to modify it in the course ofthe conSideratiOn of It is, therefore, considered, ordered, and adjudged, by thi.s court, that the s.a1d the amendments which may be offered here, but ifthi~ cla s. of men respondents the aid P. M. Rowland, D. C. Shutze, and R. C. Germany, are .e:uilty are to comprise a part of the court of appeals to whic~ this great of said cont~ptin disobeying as well as in continuina to disobey tbe saia per emptory writ of mandamus, and the order an~ comman 1882. CONGRESSIONAL RECORD-SENATE. 3507 taken, or sued out after the 1st day of September, 1882 except that reviews in before said day, an a:ppeal has been allowed by a district court; or a writ of error bankruptcy cases, in the exercise of their supervisory jurisdiction, may be had as sued out from any ciTcuit court, shall be heard and determined by such circuit heretofore provided. court in the same manner as if this act had not been passed. The amendment was agreed to. The amendment was agreed to. The next amendment was, insection3, line9, after the word "de&ig The next amendment was, in section 8, [9,] after the word "writ," nated," to strike out ''for each term of the court by the circuit judge to insert "nor after a refusal to allow the writ by one such judge who is senior in office, upon due notice in writing" and insert" by shall it be allowed by another judge ;" so as to read : an order of the court at each term thereof to serve for the succeed SEc. 8. That a writ of error, if allowed by a judge of the proper court of appeals, ingterm;"andaftertheword "any,"inline12, tostrikeout "three" may be sued out of that court from the final judgment of a circuit or district court and insert '' four ; " so as to read : in an:y criminal case to such court of appeals within ninety days after the entry of such JUdgment; but such writ shall not operate as a stay of proceedings, except The said court of appeals shall consist of the justice of the Supreme Court as in capital cases, unless it is so ordered by the judge who shall allow the writ, nor signed to the circuit, and of the circuit judges thereof and two of the district judges, after a refusal to allow the writ by one such judge shall it be allowed by another to be designated by an order of the court at each t&m thereof to serve for the judge. ucceeding term, the designation to be made as far as practicable in rotation, any four of whom, including at least one judge competent to preside, shall constitute a The amendment was agreed to. quorum. The next amendment was, in the same section, before the word The amendment was agreed to. "section," in line 11, to strike out'·' ~leventh" and insert" t-enth;" The next amendment was, in the same section line 15, after the so as to read : 1 words ' absence of," to strike out " the justice of the Supreme Court, The judgment upon such writ shall be final unless certified a-s hereinafter pro vided in the tenth section of this act, and shall be remitted to the circuit or the or of either circuit judge, or of;" and in line 17, after the word" desig district coUPt appealed from, to be enforced according to law. nated," to strike out '' in manner aforesaid" and insert ''by the judges then present;" so as to read: The amendment was agreed to. In case of the absence of a district judge so designated, another .district judge The next amendment was, in section 9, [10,] line 12, after the word !'h~ ~~~t~~ted by the judges then present to serve as long as such absence "eighty," to insert "two;" in the same line, after "1882," to strike out, "at which time it shall, by an order to be entered of record, The amendment was agreed to. fix the times at which it shall be thereafter held, which times may Mr. BUTLER. I have an amendment which I should like to offer be from time to time changed by the court" and insert " and on to section 3, if it is now in order. the second Tuesdays in May and first Tuesdays in November there The PRESIDING OFFICER. It is usual to consider the commit after ;" so as to read: tee amendments first. After they are disposed of the Senator can The first term of said court shall be held at each of said places on the first Tues offer any amendment. day inNovember , 1882, and on the second Tuesdays in May and first Tuesdays in Mr. BUTLER. Very well, sir. November thereafter. The PRESIDINGOFFICER. The reading ofthereportedamend The amendment was agreed to. ments will be proceeded with. The next amendment was, at the end of section 9, [10,] to strike out The next amendment of the Committee on the Judiciary wa-s, at "at least two terms shall be held in each year." the end of section 5, to add: The amendment was agreed to. Nor shall the maximum compensation of the marshal, including all his fees and The next amendment was, in section 10, [11,] before the word emoluments, exceed that allowed by existing law, nor shall the clerk receive for "costs," in line 10, to strike out "interest and;" in line 11, after the his entire compensation more than the sum of $3,500 per annum. words "construction of," to insert "either;" and in the same line, The amendment was agreed to. . after the word "or," to insert "the construction or the validity of;" The next amendment was, in section 6, line 13, before the word so as to read : ''appeal," to insert'' such;" and in line14, after the w&rd ''within," :But a review upon the law may be had upon writ of error or appeal in the man ner now provided by law to the Supreme Court of the United States from every to strike out "ninety days" and insert "six months;" so as to read : final judgment or decree of the court of appeals, where the matter in controversy No such appeal shall be taken or writ of error sued out except within six months exceeds the sum or value of $10,000, exclus1ve of costs, or where the adjudication after the entry of the order, decree, or judgment sought to be reviewed. involves a question upon the construction of the Constitution or the construction or the validity of a treaty or a law of the United States, or where the court shall The amendment was agreed to. certify that the adjudication involves a legal question of sufficient importance to The next amendment was, in the same section, to strike out the require that the final d~cision t.hereof shoUld be made by the Supreme Court. following clause between lines 34 and 42: The amendment wa.s agreed to. In case the decision or determination of such court of appeals shall so modify The next amendment was, in the same section, line 18, after the or reverse such order or decree of the court below as to cause the same to become a final decree, an appeal from such direction of the court of appeals shall be al words" Constitution or," to insert" the construction or the validity;" lowed to the Supreme Court of the United States, in the cases and according to so as to read : the manner hercinafter provided for appeals from decrees in equity entered by the :But in the two last-mentioned cases the court of appeals shall state the specific direction of the court of appeals. ~estion arising u~on the construction of the Constitution, or the construction or The amendment was agreed to. tio~ ~~~s~f sue treaty or law, or the specific legal question that the a{}judica- The next amendment was, to strike out ' 1 Sec. 7" and the words " that the Supreme Court shall from time to time, a-s may be neces The amendment was agreed to. sary, adopt;" and, in line 52, after the word "and," to strike out The next amendment wa-s, in the same section, line 25, after the "promulgate rules to regulate ; " so as to read : word "opinion," to strike out: All provisions of law now in force prescribin~ the cases in which appeals may And in patent and copyright cases in equity a review by the Supreme Court may • be taken or writs of error sued out for the reVIew by the Supreme Court of the be hadt. without re~ard to the sum or value in dispute, upon the questions both of. final judgment or decree of a circuit or a district court shall, except as modified law ana. fact affecting the validity or the infringement of the patent or the copy- , by this act, apply to an appeal taken or a writ of error sued out under this sec right: PrO'Vid..ed, That the court of appeals shall certify that a question is involved' tion ; and the manner of taking such appeal or suing out such writ of error or of of sufficient importance to render it proper that the final decision thereof should stayin~ proceedings in the inferior courts. ' be made by the Supreme Court. The amendment was agreed to. And insert in lieu thereof: The next amendment was, in section 6, [7,] line 55, after the word Provided, That in all cases in which by existinu laws the Supreme Court may " courts/' to insert : • now exercise appellate jurisdiction without regai_:8 to the sum in controversy ex C!lpt in cases touching p_atent ri~h~ a.J?-d ~p:ynghts, the Supreme Court shall'con Shall be ;;vemed "'C!c the laws now in force touchin\ appeals from the circuit tinue to have and exerClsesuchJunsdiction m the manner now provided by law.- ~~~u::f.e upreme ourt and writs of error from the upreme Court to the (\ir- Mr. PLATT. Mr. President, I wish that some member of the Judi-· The amelildment was agreecl to. ciary Committee would explain why this amendment is proposed,. The next amendment was, in the same section, line 58, before the by which, as I understand, the Supreme Court of the United States· word" section," to strike out "the sixth" and insert'' this·" and is divested of jurisdiction in cases touching patent rights and copy 1 after the word '' section," to strike out ' of this act ; " so as t~ read: rights and the jurisdiction is left in the court of appeals. Subject to the provisions of this section as to the time of taking such appeal or Mr. D.A. VIS, of Illinois. The Supreme Court now has jurisdiction suing out such writ of error. in patent-right and copyright cases without regard to the amount in controversy in actions at law. The original bill recognized that. The amendment was agreed to. That is amended by the committee. They thought that cases involv The next amendment was to change "section 8" to "section 7." The amendment was agreed to. ing the construction and validity of patents or of copyrights should The next amendment was in section 7, [8,] line 4, after the word fare no better than other cases, that they should be governed by the "eighty," to insert in line 6, after the word "cases," to a~ount in controversy as~ the ri~ht to go to the final appellate "two;~' tribunal. If the amount mvolved 1s $10,000, of course there is an strike out "which shall be pending in any circuit court on said day appeal to the Supreme Court. The committee were not unanimous upon appeal or writ of error" and insert ''wherein, on or before said on the subject, but a majority of the committee were of opinion that day, an appeal has been allowed by a district court, or a writ of patent-right and copyright cases should not fare as they have done error sued out from any circuit court;" so as to make the seetion heretofore, better than others, and go to the Supreme Court without read: regard to the amount in controversy. There has been a great deal SEc. 7.. That all appeals and writs of error taken, allowed, or sued out upon or from any Judgments or decrees of the circuit and district courts entered after the of complaint in that respect throughout the country. There seems 1st d&y of September, 1882, shall be taken, allowed, or sued out hnder and a-ccord to be no reason why those cases should be considered by the Supreme ing t.o the provisions of this act, and not otherwise; but ail cases wherein, on or Court without regard to the amount in controversy, wherea-s a matter 3508 CONGRESSIONAL RECORD- SENATE. MAT 2, involYingthepropertyofA B or ofC D cannot go there unless at least tion for an injunction is brought to test the validity of that patent, · $5,000 be involved. · and very often the damages are merely nominal, and in that ca e are The amount now is $5,000; nothing is appealable to the Supreme agreed to be nominal; there never is really any reference to a mas Court under $5,000 in ordinary cases; but cases involving the con- ter to ascertain the amount of damages; so that in the most valu struction or the validity of patents and copyrights are excepted able patent under the practice as it exists to-day the matter in dis from that rule. The majority of the committee were of opinion that pute in one view of it might be but a dollar. they should not be so excepted, that they ought to fare the same as Mr. HAWLEY. I sincerely hope the Senat-e will concur in-I had other cases. That is the reason of the amendment. almost said the suggestion ofthetwomembersoftheJudiciary Com- It is proper probably for me to say that in introducing this bill I mittee rejecting the amendment and leaving the original bill as it recognized that these cases should be heard without regard to the was, in which case the court of appeals can certify that a question amount in controversy, but the Judiciary Committee overruled me is involved of sufficient importance to render it proper that the final in that particular. decision-shall be made by the Supreme Court. I think that would .Mr. PLATT. There are certain other cases besides patent-right be just, and would satisfy every rea onable interest. cases and copyright ca-ses, in which the Supreme Court has juris- .Mr. HOAR. 1\Ir. President, I had thought of proposing an amend- diction without reference to the sum involved. ment to this bill which would answerto some extent thepoiutmade Mr. DAVIS, of Illinois. That is so as to revenue cases. by the Senator from Connecticut; but my dislike to meddle with a 1\Ir. PLATT. The jurisdiction of the Supreme Court is still pre- measure which has been so carefully framed by so distinguished a served in those cases bythis bill. lawyer and so distinguished a jurist as the gentleman who ha this Mr. DA. VIS, of Illinois. They are altogether cases in which the bill in charge made me desist. But it seems to me that thi system Government is concerned. would be very much improved by a clause in the bill which would 1\Ir. PLATT. With great deference to the Committee on the authorize the carrying up of questions to the Supreme Court of the Judiciary I wish to make this suggestion: as was said by the Sen- United States, when the court of :final resort in any two circuits had a tor from Illinois yesterday, the principal objection which ha-s been differed, so that the permanent rule of law established by the circuit urged to this bill and which had most force in his mind is thatther& court differed in different circuits, that there might be some general may be different decisions in the different courts of appeal through- provision which in all cases would enable us to have the security of out the country and that there may be confusion arising from that uniformity in the administration of certainly the Federal laws like fact. Now, doesnottheSenatorthinkthatpatent-rightcasesarepre- the patent law, in all the districts, or the commercial law so far as cisely the ca-ses in which confusion is most likely to arise by reason it is administered by the Supreme Court of the United States. And of different decisions in different circuits throughout the country T if this bill remains before the Senate for some time, I wish the hon- 1\Ir. GARLAND. As was stated by the Senator from Illinois, the orable Senator who has it in charge would reflect upon the question committee was not unanimous in this view of the matter, and for whetherthatcannotbeprovidedforalittlemorethanitisnow. That one I am very much disposed to favor the view of the Senator from would answer the point of the Senator from Connecticut in regard to Connecticut. I wish to put the Senate exactly in possession of the patent cases. ideas that occur to me, and th~t occurred to the committee a-s I 1\Ir. HAWLEY. But I submit that the rejection of this ameH.d- recollect. ment would answer it very much better. The suggestion of the One great difficulty in patent and copyright cases, when you come Senator from Massachusetts would seem to intimate that in order to speak of the amount, is how yon are going to find out the amount to justify a man's patent, to defend it successfully, he should be in controversy exactly, because the very contest itself is always pred- required to go through two suits. icated upon a doubtful state of the case as to the result. It would Mr. HOAR. No; not of the particulax patent. be impossible in many instances to make an estimate really of what Mr. DAVIS, of Illinois. To answer my friend from 1\Iassachusett , is in controversy in a contest of this character. I was disposed for I do not apprehend that there will ever be any difficulty in relation one for that reason to leave the jurisdiction untrammeled so far as to different decisions in the different courts. They know very well the amount is concerned in patent and copyright casoo. what is decided; they compare views together as is done by the in- Then there is another reason which occurs to me. In effect the termediate courts that have been established in the several States. Government granting the patent or copyright is a party to the suit, I have no objection to any provision such as the Senator from 1\fassa and she has never been trammeled in her legislation in reference t0 chnsetts suggests. If the general scheme of the bill is correct, the any amount she shall litigate. bill was thought to be by the chairman of the Judiciary Committee, I shall not object, for one, to this amendment going out; but yet, who did not want any bill at all on the subject, as perfect as it could as stated by the Senator from Illinois, a majority of the committee be made. thought it was best to put the jurisdiction, as in other cases, upon I appreciate what has been said by the Senator from Connecticut the amount actually involved, though really it is very difficult, in on the subject of patents and copyrights. Of course, unless the ap nine cases out often, to tell what is the amount involved. pellate tribunal where there was a difficult question should certify 1\Ir. HAWLEY. I wish to supplement the remarks made by my it to the Supreme Court, there would be very many questions arising colleague by saying that he is ·unquestionably right, and I wish he in patent cases that could not be got to the Supreme Court at all un had eriforced his view with more vigor, because he is familiar with der the limitation of $10,000. There is no doubt of that. There is the practice of patent law. He is unquestionably ri~ht in saying onQ argliment in favor of cases involving the construction or validity that there is great importance in this question in havmg a uniform of a patent1 or a copyright, being appealed to the Supreme Court, rule throughout the United States, and that very serious embarrass- which is this: the United States is the grantor; and on that account ments and a multiplication of litigation is apt to come from contra- the Senator from Arkansas, who was directed to report this bill, and dictory decisions in different courts of appeals. So that his sugges- some others of the committee, thought that this amendment ought tion looks to the prevention of litigation. There should be an appeal not to be made, but a majority of the committee agreed to it, and to one central tribunal, where the lawfulriess of a patent may be those gentlemen will give their views on the subject. Of course we ~tablished once for all. Under any other system there may be half ask that the bill shall be adopted as it is, but if this question comes ~dozen conflicting decisions, and the patentee then does not know up separately individual action is free. what his rights are. He is either involved in litigation all over the Mr. INGALLS. 1\Ir. President, without questioning the propriety country or he has to abandon a right guaranteed to him bythelaws of what is in common language called giving the amendment away of the United States. by the Senator who has charge of this bill, and who announces that Now, as to the matter in controversy, there are a multitude of pat- although the majority of the committee concurred in the amendment, ents in which the royalty obtained by the patentee is perhaps five yet really upon the whole he is disposed to think that perhaps it or ten or fifteen or twenty or fifty cents. He is threatened by tres- might as well be abandoned, in which he is joined by the Senator pas ers, and brings a suit. He brings a suit according to the dam- from Arkansas, who adds the force of his great example to the illus age in that particular case. He may bring it upon one article, per- trious precept of the Senator from Illinois-- haps, or fifty or one hundred. The same trespassers manufacture a Mr. DAVIS, of Illinois. The Senator from A.rkansa has charge of thousand articles, we will say. The damage to the patentee is only the bill. He reported it. $100 in such a case. There are very few patents where the royalty Mr. INGALLS. The Senator from Illinois introduced it and made runs up to $100, or $500, or $1,000, or $5,000, so that it is next to im- the principal speech upon it. possible ever to get a ca.se in the Supreme Court and get this much Mr. DAVIS, of Illinois. The Senator from Arkansas reported it. desired uniformity of ruling throughout the country under this bill Mr. INGALLS. The Senator from lllinois is the author and pro- as the committee have brought it before us now. moter and :finisher, if I may so say of the scheme. But passing that, The Senator from MaBSachusetts [Mr. DAWES] suggests to me that I wish to ask what there is ofpeclili"ar sanctity, what there is of peen the matter in controversy is not the number of dollars involved in liar qualification about a suit for the infringe:ment of a patent right that particular suit with John Doe, but the existence and validity or a copyright that separates it from any otnerproperty which may of a patent which may be worth a million dollars, or may be worth be the subject o:f litigation f A. patent right of course is to a certain $50,000, nobody knows what. extent an impalpable and imponderable thing; it is something that Mr. PLATT. May I interrupt :my colleague 'f is a direct emanation from the intellect; and the same may be said of 1\Ir. HAWLEY. Certainly. a copyright which an author obtains for the production of his brain Mr. PLATT. The practice now is largely in this way, not that a · in the way of a book, or a poem, or a piece of music; but that does suit is brought at 'law to recover damages for the-infringement of a not in law separate it from any other property that IS tansi:ble and patent, but an injunction suit is brought to determine the validity ponderable, that can be weighed and measured and diVJded and ()fthe patent. The value of the patent may be $50,000. The peti- apprehended"by the senses. . - . 1882. CONGRESSIONAL RECORD-SENATE. 3509 The majority of the committee were unable to see what reason Mr. HAWLEY. The Senator from Kansas perhaps forgets-he there was in view of the enormous embarra ment, the complica appears to-that the wisdom of our patent laws and our system on tion, the burdens upon industry that are inflicted by the continual that subject has been established and justified by the legislation multiplication of patents and the vexatioBs attending their enforce and practice of the country for some eighty or ninety years. I ment and the attempts to evade their infringement, that rendered think it is rather late now to argue that it is not well to give patents it desirable or proper that suits for the infringement of patent rights for inventions. and copyrights should be segregated from the great mass of litigation Mr. INGALLS. I did not say so. that is brought to enforce rights in courts of justice; and I have yet Mr. HAWLEY. I thought the Senator did; I thought he seemed t o hear an argument presented by either of the Senators from Con to intimate that on the whole it was doubtful whether our patent necticut who oppose this amendment, or by the Senator from Illinois system was wise. or tho Senator from Arkansas who give away the amendment; that Mr. INGALLS. I think its administration is exceedingly injuri is in any sense whatever a justification of the course that is pro ous and burdensome, and that it requires very important revisions. posed. Mr. HAWLEY. He made thiBremark: ''In view of the burdens I hope, sir, before this matter is passed upon, in view of the weight patents imposed." I do not know what burdens they impose par that has been given to this, what may be called backing down on the ticularly. If a valuable improvement be made, no citizen need buy part of the most prominent members of the committee, that we shall it unless he can make money by buying it. If there be an improve hear some argument advaneed~ some justification why a man who ment in reapers, in a mowing:-machine, in any one of the ten thou owns a patent right or a man wno owns a copyright should not be sand fields Qf industry, no citizen of the United States is under any subjected to the same rules of law that govern the man who owns a obligation or necessity to impose upon himself any burden what horse, or a case of boots, or any other article of property that may be ever, but he looks at the new machine, he sees it costs perhaps fifty a subject of litigation. cents more than the old one, and that it is a great improvement, As a matter of fact this whole question of patent right and copy and that he can make the fifty cents in a week or a day or an hour, right is surrounded by too many complications already. There is an perhaps, and he buys it. I do not see whero the burden comes in attempt on the part of law-makers and legislators to protect these there. After a certain limited time the patent becomes common men who are laying burdens upon the industry and upon the develop- property and the country is benefited. . ment of the industrial resources efthis country, and when it is seri So during these ninety years invention after invention has been ously urged here that there is something peculiarly sacred, sacro heaped in and heap~d into the common fund of the wealth of this sanct, about a patent right or a copyright as differing from any other country, until our extraordinary, our marvelous progre sin manu species of property, I hope the Senate will pause before they fall in factures and in agriculture is due very largely to the great ingenuity in consequence of the suggestions made by the Senators from Illinois of our people. We have a better patent system than they nave in and Arkansas. I hope certainly they will not do it without some any other country, one better devised, and one cheaper, so that the reasons being presented or some argument being offered why it is poor mechanic can get a patent for 25 or $50 expense. The upshot necessary that this class of property owners should be protected by of it has been an enormous be11.efit to the country. some peculiar guardianship of a statute like this which is now before The Senator asks why they should have peculiar privileges. Sir, the Senate. we are not asking for peculiar privileges; we are only a.aking for the Mr. PLATT. May I ask the Senator from Kansas what he under common privilege of having a patent granted by the United States stands by this section 10 as to the question of whether if it passes decided in the highest court of appeal. The Senator sees perfectly with the amendment a patent-right case may go to the Supreme Court well how impossible it is in advance to state precisely the value of of the United States upon a certiiication ''that the adjudication in the matter in controversy, a mere song we may say, and yet there volves a legal question of sufficient import!Lnce to require that the have been mere songs of four, six, or eight lines that have brought final decision thereof should be made by the Supreme Court T" a man fifty or one hundred thousand dollars. 1\Ir. INGALLS. That is what we agreed to strike out. · There was no burdeR imposed on the community; nobody was re Mr. PLATT. But I :find in section 10 from line 9 onward that ap quired to pay for a copy of that song; but yet it was o fascinating peals may be had t.otheSupreme Court of the United States" where to the general popular ear that the people bought it by the millions, the matter in controversy exceeds the sum or value of 10,000, ex and the p(,nny apiece that went to the writer made him a fortune. clusive of costs, or where the adjudication involves a question upon Suppo e a suit arises, suppose an injunction is sought again tarival the construction of the Constitution or the construction or the valid publisher in a matter of a mere song, how are we to say that there ity of a treaty or a law of the United States or where the court are 10,000 involved¥ shall certify that the adjudication involves a legal question of suf Mr. INGALLS. Unless we can, why should we say that he shall ficient iinportance to require that the :final decision thereof should have the right to go to the Supreme Court anymore than the man who be made by the Supreme Court." owns a hor e worth 100, or a grindstone worth fifty cents f I had supposed that the effect of this amendment was that that Mr. HAWLEY. I do not say in advance that he should have the provision should not apply in a patent case, so that instead of any right to go to the Supreme Court, but I say the original draft of efforts here to give patent cases an advantage which other cases do this bill was just and right in saying: not possess, it was the effort. of the committee to put them in a dif Prov-ided, That the court of apJ?ealS shall certify that a question is involved ferent category from that of other property. That is what I under of sufficient importance to render 1t proper that the final decision thereof should stood. I do not know but that the Senator understands the con be made by the Supreme Court. struction of it to be different. ·Mr. INGALLS. The Senator does not seem to be aware that that Mr. DAVIS, of Illinois. Oh, no; that is not the meaning at all. right exists now under this bill with this clause stricken out. The language- Mr. HAWLEY. I doubt very much whether it does. Where the court shall certify that the adjudication involves a legal question Mr. INGALLS. It was the intention of the committee to have it of sufficient importance to require that the final decision thereof shoUld be made so, and if not we shall be glad toinsertit. The Senator will observe by the Supreme Court- the previous provision, that a question of law in a patent and copy applies to the cases of patents as well as others. right case can be reserved as well as in any other case. Mr. INGALLS. There is no discrimination against patents and 1\Ir. HAWLEY. The phrase referred to by the Senator is this: ( copyrights. Or where the adjudication involves a. question upon the construction of the l\Ir. PLATT. But the committee, in striking out the clause pro Constitution- . posed by this amendment to be put out, strikes out a provision that "the court of appeals shall certify that a question is involved of Which would hardly ari e in the case of the song I speak of- sufficient importance to render it proper that the final decision or the construction or the validity of a treaty- I thereof should be ma{le by the Supreme Court.'~ Under the bill as Certainly not t~ere- / it stood no patent case could go to the Supreme Court unless the or a law of the United States- court of appeals certified that a question of sufficient importance was involved to take it there. That has been stricken out, for what The ca e I suppose touches the validity of a law of the United purpose I do not know. States, or its construction- Mr. DAVIS, of Illinois. The purpose was this: in patent right or where the court shall certify that the adjudication involves a lecral question of and copyright cases in equity a review may be had without regard sufficient importance to require that the final decision thereof shou'id be made by to the sum or value in dispute of the que tions both of law and fact. the Supreme Court. We are making a new law. The court of appeals is to be the final Mr. McMILLAN. That is it. judge of the facts entirely; it :finds the facts, and upon that finding, Mr. HAWLEY. They can in that case go to the Supreme Court f ' as the original bill was, an appeal mighi be had to the Supreme Court Mr. INGALLS. They can, irrespective of value. without regard to the amount in controversy, provided "that the Mr. :Mcl\IILLAN. If the Senator from Connecticut will recur to court of appeals shall certify that a question is involved of sufficient the clause in the original bill stricken out here, he will see that it importance to render it proper;" so that a frivolous case should not refers to the review of patent and copyright cases both upon ques go there. But the committee decided to strike that out, and provide tions of law and of fact; so that if the certificate is made that there that the laws as they now exist with reference to cases that may go are questions involved of importance it takes to the Supreme Court before the Supreme Court without regard to the amount in contro questions both of law and of fact, and makes the Supreme Court a versy shall continue, except in patent and copyright cases; and those court of review as to both fact and law. In other cases the court of shall not go without regard to that amount. That is the amend appeals decide the questions of fact, and their decision is conclusive. ment. Mr. HOAR. The Senator does not quite state it, I think. As the 3510 CONGRESSIONAL RECORD-SENATE. MAY 2, bill is with the clause stricken out to whi?h the Senator r~fers, aa 1\fr. BUTLER. I desire that to come in at the end of section 3 a a the bill is left by the cemmittee, the question must be certified by part of that section. Then I propose an additional section to come in the lower court to be of sufficient importance to warrant its revision at the end of the bill, which I hope will now be read. by the Supreme Court. In that case, though th~re may be twent;r The Acting Secretary read as follows : questions of law in the case, only that on~ question of law so certi SEc. -. That after the establishment of the courts of appeal herein proVided fied goes up, leaving all the other qnestiOns.of law as well as the for, there shall be no additional appointments to the Supreme Court of the United questions of fact settled. In the ca-ses prov1ded fo~ by the cla~e States until the number of said Supreme Court shaJl be reduced to six members. stricken out if the court of appeals say that there IS one question in the case of sufficient impm;tance to be revised, the Supreme. Co~ The PRESIDING OFFICER. These proposed amendments will be have not only got to revise that question, but have got to reVIse tne ordered to be printed. · whole law and facts of the case. Mr-. VEST. I submit the amendment which I end to the de. k to 1\fr. McMILLAN. That is the difference. So far as the report of be read. the committee is concerned, it seems to me that the bill as a whole The ACTIXG SECRETARY. At the end of section 3 it is propo ed must l>e taken as the report of the committee, and that if the com to add: mittee or any member of the committee, have abandoned a po~ion Provided, That no circuit or district judge before whom a cause or question maY: of it it leaves the whole bill without any report from the committee have been tried or heard in the district court shall sit on the trial or hearing of sn it because so far as I am concerned my vote in favor of such cause or question in the court hereby created, and the places of such juage t~ininO' or judges so disqualified shall be filled by the other jud~ea then pre ent, as here· this bill :as 'given as it is amended, and if any portion of it is to be inbefore provided in cases of abs~nce. abandoned I shall feel at liberty to vote as I please in regard to the whole bill. Mr. HOAR. I desire to ask unanimous consent of the Senate to Mr. DAVIS, of illinois. The bill is of no more concern to me than lay aside the pending measure for a moment for the passage of a bill. it is to anybody else, but if the Senator suppo es that I have aban The Secretary of War has sent to the Senate a communication in doned it he is mistaken. That I was ori~nally in favor of the clause dicating that Plymouth Harbor, in the State of Massachusetts, i in now proposed to be changed is very eVIdent, because . ~ intro!lnced dan~erof immediate destruction by the carrying away of some works the bill in that shape; but I intend to support tbe bill as It was in tnat harbor, and suggesting an appropriation of $14,000 to be hn reported. mediately available, for the purpose of saving the harbor. I ask· Mr. McMILLAN. I was not in the Chamber when the S~nator that the bill may be read and the letter from the Secretary of ·war. from Illinois' rema1·ks were made upon which the Senator from Kan The whole case is very brief and very plain. I desire to have the sas made his remarks but if the Senator from Kansas is correct, and bill passed and sent to the Honse. any of the members of ~he committee have. abandoned the report so Mr. GARLAND. Before that is taken up, I wish to say that I have far as this amendment IS concerned, and this amendment be not sus no objection to the suggestion of the Senator from South Carolina to tained by the Senate, I shall feel at liberty to vote·as I please on the have the various amendments which he offers and also that of the final passage of the bilL . . Senator from Missouri printed. I should like any other Senator who Several Senators addressed the Charr. . has an amendment to offer to present it now, so that it may be lli. HAWLEY. I did not intend to abandon the floor; and if gen printed. tlemen will allow me a moment longer, I shall be through. I was Mr. CALL. I submit an amendment. interrupted by Senators .making inquiries. I am willing to accept The PRESIDING OFFICER. The amendment will be read and ordered to be printed. the favorable construction suggested by the Senator fro.m K~nsas and the Senators from Minnesota, and I trust that the bill will be The AcTING SECRETARY. The amendment proposed by the Sena found no more mischievous than they intimate in their explana tor from Florida [Mr. CALL] is, in section 8, [9,] to strike out, after tion· but I confess that I am a little suspicions when I find the dis the word" cases," in line 6, to the word "judge," in line 9. ting{rished Senator who has just spoken saying th!l't if this a~end Mr. GARLAND. I am willing now that this order of business shall ment in italics shall be rejected by the Senate he will feel at liberty be laid aside informally for the purpose indicated l>y the Senator to oppose the whole bill, a bill of>ast national importance, organ from .Massachusetts. izing a court of appeals, greatly needed; a11:d yet he ~ay~ this amend The PRESIDING OFFICER. The Chair hears no objection, and ment is of no particular consequence so far as my pomt IS c~mcerned, it will be laid a-side informally. Is there objection to considering the bill of the Senator from Massachusetts f but if it is lost he will be at liberty to oppo~e the whole bill. . . ·Mr. McMILLAN The Senator will perllllt me to .suggest m this Mr. INGALLS. Is it reported from any committee? connection that this very amenU:nent affects matenally the power Mr. HOAR. After the bill haa been read for information I will state the point. . of the court of appeals :md the power of the Snpre~e Court as .or ganized under this bill. That is the reason why It affects my actwn The PRESIDING OFFICER. The bill will be read for informa on the bill. tion. Mr. HAWLEY. I very much prefer the bill aa offered by the Sen PLDIOUTH HARBOR. ator from Illinois. Mr. HOAR asked and, by unanimous consent, obtained leave to Mr. BUTLER. It is perfectly obvious that we shall not J;>e able to introduce a bill (S. No. 1820) for the protection of Plymouth Harbor, get through with this bill this evening, and if the Senator m charge .Massachusetts; which was read the first time by its title and the of it will permit I should like now to present two amen~ents second time at length. to the bill and h~ve them printed, so that they can be considered Mr. HOAR. The Secretary of War ha sent in a communication to-morrow morning. The Senator from Alabama has s~gg~sted a to which my attention and that of my colleague has been called by very important amendment, in fact has suggested another b1ll as .a the chairman of the Committee on Commerce. Long Beach, in substitute for the bill under consideration. It seeDIS to me that It Plymouth Harbor, is a very long strip of land nearly invisible at high would be very proper that the Senate should have the benefit of that water but which furnishes the entire protection to that harbor. amendment and I should like very much before the amendments of That beach is protected in its turn by an old work partly of rubble the committee have been disposed of to give notice of these amend and partly of wood. That has been carried away by a violent storm, ments of mine and have them printed, and then move anadjournm.ent. and the danger, according to the Secretary of War and the report ?f The P::&ESIDING OFFICER. The amendments may be received the engineer, is that the whole harbor will be destroyed unless this informally and be ordered to be printed. little sum can be appropriated and expended at once. I ask for the :Mr. BUTLER. Mr. President-- readinO' of the Secretary's letter. The bill has not been before the Mr. HOAR. Will the Senator from South Carolina a_llow me to committee but the chairman of the committee and the Senator from say to him, before he moves an adjournment, that I desire to ask a :Michigan ~fthe committee have had their attention called to it. I favor of the Senate. . . ask for the reading of the letter of the head of the War Department. Mr. BUTLER. I certainly shall not press the motion now. If1t The Acting Secretary read as follows : is a()'reeable to the Senator from Arkansas,_I will offer these amend WAR DEPARTME..'IT, me:tR with a view of havin~ them printed after they are read. Washington Oity, .April1, 1882. The PRESIDING OFFICER. The proposed amendments will be Srn: I have the honor to inclose herewith a letter from the Chief of Engineers read and then ordered to be printed. of the 5th instant, and accompanying copy of one from Colonel Goo~ge Thom, l'\1r. VEST. I suggest to the Senator from Sou~h Carolina that I Corps of Engineers, reporting senous dllillage to the work of the Umtoo States have an amendment which I shall ask to have pnnted. for the protection of the outer end of Long Beach, Plymouth Harbor, Massachu- setts. . l th Mr. BUTLER. I should like to have my proposed amendments It is represented that the preservation of this harbor depends entire y upon e read. . · maintenance of Long Beach, and any action of the sea thereon likely to seriously The PRESIDING OFFICER. The amendments will be read by injure it should be at once arreste~. . . . . the Secretary. . The cost of the required protection IS estimated at $14,000, and an appropnation. The ACTING SECRETARY. The Senator from South Carolina pro- by ()o~s of whicli amount is respectfully recommended. poses the following amendment: . ery respectfully, ROBERT T. LINCOLN, The circuit judges (the present incumbents ~office and those ~-o be appomU:d Secretary of War. under this bill) shall succeed each other in rotation on the courts of appea.l.s herem Ron. S. J. R. MCMILLA....'i,· provided for in the nine circuits as now organized; and the Supreme Court of the Ohainnan Oommittee on 001nmerce, United States Senate. United States shall make the nooeaaary rules and regulations to effectuate .such rotation but no circuit judge shall serve longer than twelve months consecutively Mr. HOAR. Now read the accompanying_ report from the engi in any circuit. neers. 1882. CONGRESSIONAL RECORD-HOUSE. 3511 \ The Acting Secretary read as follows: cated to the Sen:1.tors from Massachusetts that they might be advised OFFICE OF THE CH1EF OF ENGTh'EERS, what course to take. UNITED STATES ARMY, Mr. VEST. I understand that, but this bill has never been before Washington, D. 0., AprilS, 1882. the committee. SIR: I beg leave to submit the inclosed copies of a letter dated March 30, from Col Mr. McM:ILLAN. No, sir; the bill was never before the committee. onel George Thoro, Corps of Engineers, reporting serions damaae to the work of ._ the United States for the protection of the outer' end of Long f3each, Plymouth Mr. COCKRELL. The report was made on the 7th of April. Harbo:r, Maasacbusetts. Mr. RANSOM. I suggest to the Senator from Massachusetts to The preservation of this harbor depends entirely upon the maintenance of Long have the bill referred to the Committee on Commerce. I favor tJ:t_e Bea-ch, and any action of the sea. thereon likely to seriously injure it should be at bill from what I have heard of it, but at the same time it ought to once arrested. I have accordingly to recommend that the subject be ~rought to the attention of the Committees on Commerce of the Senate and House of Repre be referred. sentatives through their respective presiding officers. Mr. McMILLAN. If the Senator from Massachusetts will have The estimated cost of the requir~ protection is $14,000. the bill referred, it can be considered on Thursday morning when Very respectfully, your obedient servant, · the committee meets. H. G. WRIGHT, Chief of Engineers, Brigadi4!r and Brevet Maji>r-General. Mr. PLID1B. The letter of the Secretary of War has been in the hands of the chairman of the committee almost four weeks, and I Hon. RoBERT T. LINcOLN, Secretary of War. think after the committee have had this communication for four weeks without acting on it, it is rather trenching on the Senate to UNITED STATES ENGINEER OFFICE, ask it to act on it in a few minutes. Portland, Maim, March 30, 1882. ?tfr. HOAR. Let the matter be referred. GlllmRAL: I have the honor to report that owing to the several storms that The bill was referred to t.he Committee on Commerce. have occurred during the paat winter, and more especially the unuaually severe Mr. BUTLER. Our friends are evidently becoming very much ex storms that occurred on the 22d of February, and on the 17th and 18th of March, cited, and, in the interest of peace, I move that the Senate adjourn. much damage baa been done to the Government works built for the protection and preservation of the outer (northern) end of Long Beach. This damage has The PRESIDING OFFICER. Before putting the motion to ad }>een for the most part snstained by the crib-work, bulkhead, and jetties, (some of journ the Chair will lay before the Senate a bill from the House of which were built about fifteen years ago,) which have become rotten and broken Representatives. up, and in consequence the bea-ch has been much abraided and weakened to an HOUSE BILL REFERRED. extent ~ea.tly endangering its preservation. Long Beach is a narrow strip of land that e:x.tendn about two and three-quarter The bill (H. R. No. 880) to provide for the erection of a public miles out from the main land in a northwesterly direction, nearly parallel to the building in the city of Hannibal, in the State of Missouri, was read shore of the town of Plymouth, Massachusetts, and distant from it about one mile, and affords to the harbor its onl:y protection,from easterly st<>rms, so that twice by its title, and referred to the Committee on Public Buildings the existence of the harbor depends entirely upon ilia protection and preservation and Grounds. of this beach. The PRESIDING OFFICER. The bill to establish a court of ap The works hitherto built for this purpose by the United States Government peals being before the Senate as the unfinished business, the Senator have consisted of wooden bulkheads of various forms and jetties which fully answered the purpose for which they were intended up to the present time, ex from South Carolina moves that the Senate adjourn. cept on the outer (northern) extremity of Long Beach, where it is the most exposed The motion was agreed to; and (at four o'clock and fifty-two min to stot·ms. During the past few years this ,Perishable crib-work has (in part) been utes p.m.) the Senate adjourned. replaced by a rubole-stone bulkhead and jetties, in view of their probable early destruction. Owing to the present condition of these wooden bulkheads and jetties, it has become necessary, in my opinion to continue the stone bulkhead along the western shore of Long Beach for an additional distance of 1,000 feet, so as to protect in a more permaneni manner this the present weakest portion of that beach. It is, moreover, highly important that this work should be built at HOUSE OF REPRESENTATIVES. once, to prevent the further destruction of the beMh to which it is now much exposed. This work would reqnire about 5,000 tons of rubble-stone, (large and small,) the TUESDAY, JJfay 2, 1882. estimated cost of which placed in position is, at $2.50 per ton, $12,500 ; adding for engineering and other contingent expenses, say $1,500-total, $14,000. The House met at eleven o'clock a.m. Prayer by the Chaplain, I would respectfully recommend that the attention of Congress be called to this Rev. F. D. POWER. matter, in order that provision may be made for completing this work as soon as The Journal of yesterday's proceedings having been partly rea-d, practicable. Mr. SINGLETON, of illinois, said: I ask unanimous consent that Very respectfully, your obedient servant, GEO. THOM, the further reading of the Journal he dispensed with. It is simply Colonel of Engi11eers, Bvt. Brig. (}en., U.S. A.. a repetition to the end; and nobody list.ens to it. Brig. Gen. H. G. WRIGHT, There being no objection, the further reading of the Journal was Vhiq of Engineers, U.S. Army, Wa.shington, D. 0. dispensed with. The PRESIDING OFFICER. Is· there objection to the considera- The Journal was then approwed. tion of the bill T PUBLIC BUILDL.~G, QUINCY, ILLINOIS. Mr. PLUMB. I object. Mr. SINGLETON, of Illinois. I ask unanimous consent that the Mr. HOAR. Whyf Committee of the Whole Ho{J.se on the state of the Union be dis Mr. PLUMB. I will state my ground. If one river and harbor is charged from the further consideration of the bill (H. R. No. 4176) a bad thing, as we have been told, I think thirty or forty are so much for the erection of a public building at Quincy, Illinois, and that worse. This has remained one month awaiting the slow arrival of the same be now put on its passage. the War Deparlme:at at some conclusion about its necessity; it can The bill was read, as follows : wait twenty-four hours, until the proper committee of this body can Be it e-nacted, ~c., That the Secretary of the Treasury be, and he iq hereby, examine it. At all event it cannot pass now, if one objection will authorized and directed to purchase a site for, -and cause to be ereeted thereon, a carry it over. suitable building, with fue-proof vaults therein, for the accommodation of the Mr. HOAR. If my honorable friend from Kansas will permit me post-office, United States courts, custom-house~ bonded warehouse, internal-rev enue offices, and other Government offices, at tne city of Quincy, lllinois. The to make a statement, this harbor which has so much of interesting plans, specifications, and full estimates for said building shall be previously made historical associations, to say nothing else, is a very important har and approved according to law, and shall not exceed for the site and building com bor of refuge for vessels bound to the port of Boston. They run in plete the snm of $175,000: Provided, That the site shall leave the building unex there frequently in great storms. Its final destruction occurred in posed to danger from fire in adjacent buildings by an open space of not less than • forty feet, including streets and alleys ; and no money appropriated for this pur the storm of the 17th of March, only a short time since. pose shall be available nntil a valid title to the site for said building shall be vested Mr. PLUMB. About six weeks ago. m the United States, nor nntil the State oflllinois shall have ceded to the United ?tfr. HOAR. The chief officer who makes this report desires that States exclUSive jurisdiction over the same, during the time the United States the appropriation be made at once. A personal examination of the shall be or remain the owners thereof, for all purposes except the administration harbor ha been made and of the estimate of the engineer, and now of the criminal laws of said State and the service of civil process therein. this comes in, by special message, from the Secretary of War. It is The SPEAKER. Is there objection to the present consideration called to our attention by the chairman of 1he Committee on Com- · of this bill' merce, who called the attention of the Massachusetts Senators to it. }fr. HASKELL. I do not think we ought to take up by unanimous The bill has the support of tbe members of the Committee on Com consent bills for public buildings. merce who have seen the bill. I hope my friend will permit it to go ?tfr. SINGLETON, of illinois. I hope the gentleman will not ob through, and not require the Senate to go over it again. It is a very ject. small sum. :rtfr. HASKELL. I think the House is now too thin to take up a Mr. VEST. I should like very much to say a word. I think the bill of this kind. Nobody knows anything about it. precedent is certainly objectionable. I am a member of the Com Mr. SINGLETON, of illinois. This bill is in precisely the same mittee on Commerce, and I never heard of this bill until it was in form as the other bills for public buildings which have been passed troduced here. I understand the chairman and the Senator from by the House. The committee adopted a form, and has not varied Michigan saw it, but that is not the way to do committee work. I from it in any bill reported. do not know but what the bill is all right. The SPEAKER. Is there objection to the present consideration Mr. McMILLAN. The Senator from Missouri will permit me to of the billY . interrupt him for a moment. This communication. from the Secre ?tfr. BURROWS, of Michigan. Can we not hear the report read, tary of War was made on the motion of the Department, sent to the the right to object being reserved' Committee on Commercez and was laid before the committee by the The SPEAKER. The right to object will be reserved until the chairman, and the ~irect1on was given that the papers be communi- report has been read. 3512 CONGRESSIONAL RECORD-HOUSE. MAY 2, The Clerk read as follows: gentleman from Pennsylvania [Mr. ScRAJ.~ON] was first recognized, The Conunittee on Public Buildings and Grom1ds, to whom was referred the but the demand for the regular order of business took him off t.he bill (li. R. No. 218) for the erection of a. public building at Quincy, Illinois, beg floor. leave to report that they have had the same under consideration, and report in Mr. HATCH. I ask whether the gentleman from Pennsylvania can lieu thereof the substitute herewith presented. object conditionally! They find that Quincy is a growin~ and prosperous city, located in the midst ()f the· most densely populated, fertile, and productive portions of the State of l\Ir. BRIGGS. I say that to permit the gentleman from California Illinois, and is wide1y known as one of the most beautiful and promising cities to proceed now would not be doing impartial and exact justice to of the West, admired by all for the solidity, permanence, and attractiveness of its other members, for he has been recognized frequently, while other imp:ovements. It contains within its vresent confine Mr. HATCH. I will give the gentleman from illinois five min fited by it, but it is a question of whether.we can afford to embark utes after the previous question is ordered. upon a policy that will spend millions from the public Trea ury where Mr. CllTNON. Verywell. there is no sufficient public return for it, and where a suitable build Mr. KASSON. I rise to a question of order. I made a motion to ing for the post-office can be leased at a moderate price. go into Committee of the Whole House on the state of the Union to [Here the hammer fell.] · consider further the tariff-commission bill, and discovered in the Mr. HATCH. Mr. Speaker, I am satisfied the gentleman· from llli mid t of the confusion that some question was raised a.bout a pre no is has not taken the pains to acquaint himself fully with the facts viou order of the House. I do not understand that can be in order to which he invites attention, or he would not have made the st,a,te pending the motion which I have made to go into Committee of the ment which he has made on this floor to-day with reference to the Whole. public business at Hannibal, Missouri. . The SPEAKER. The Chair will state to the gentleman from Iowa The gentleman from illinois lives about one hundred and twenty that the motion to go into a Committee of the Whole was not enter five or.one hundred and forty miles ea.st of Hannibal, and ought to tained, for the reason that the regular order, which was demanded, have known enough about that section of the country in which he takes 'Precedence. The regular order is the bill referred to by the lives to have preventoo him from making any such statement. The gentleman from Missouri. He now calls up the un~hed business, gentleman has read extracts from a report that was made two years a bill which had been ordered to its third reading on a previous ago. The city of Hannibal is not as large in population as some of day, for final action. This bill has been ordered to be engrossed and the cities that have public buildings granted to them. [Mr. CANNON read the third time, and the question now recurs on its passage. rose.] I will be willing to answer all the gentleman's questions That is the first business in order at this time. when I have got through. Let me state my facts. I did not inter Mr. HATCH. I now demand the previous question on the passage rupt the gentleman. ofthe bill. Mr. CANNON. The gentleman from Missouri, I am sure, does not The House divided; and there were-ayes 78, noes 3. want to misrepresent me. I wish to say that I read from the report Mr. HOLMAN. No quorum has vot~d. that accompanies this bill. The SPEAKER. The Chair will appoint tellers. Mr. HATCH. I will explain about that to the gentleman before Mr. HATCH and Mr. HoLMA...~ were appointed tellers. I finish. He is correct, but the statistics were taken from a report The House again divided; but . before announcing the result of made two years ago. the vote in the affi.rmA>tive, l\Ir. Houu....~ stated that a quorum hav The city of Hannibal to-day, as I am informed by recent letters: ing voted he would withdraw. the demand for a further count. from the mayor and other officials, is estimated to contain nearly So the previous question was ordered. fourteen thousand people. Mr. HATCH. I yield now five minutes to the gentleman from .Mr. HORR. What was its populationaccordingtothelast census t lllinois, [Mr. CA...,XO~.] Mr. HATCH. I have sent for the report so as to be able to give the Mr. CANNON. I would like to have the attention of the Honse exact figures. The census showed a population short of twelve for a few moments. This is a bill for the erection of a public build thousand. But we were in the same predicament at Hannibal as the ing at Hannibal, Mis ouri. I do not know who e district it is in. people of Saint Louis were. We had an imperfect census. The vote I only know from the report and from the revenue of the post-office polled for the last three years in that city shows we were entitled there what is required and what we are asked to do. The report in to a population of about fourteen thousand people. this case is misleading, as I think I can show to the atisfaction of But that is not the point. Hannibal is the third largest mail-dis the House. There is no United States court held there. tributing point in the State of .Missouri. Outside of the city of I believe it is set out in the report that a revenue office is estab Saint Louis and Kansa.s City it handles more mail than any ot:her lished at that point; and it is further stated that from the elate of city in the State; and there is no city in the Mississippi Valley con th pas age of the internal-revenue laws the taxe collected at that taining its population where the same amount of postal business is place amount to in the neighborhood of some three or four millions done as is done in Hannibal. Twenty-three mail trains come in and of dollars. I have not time to read the report which ets forth the e go out of that city every twenty-four hours, and the receipts up to different fact , but I refer to it in a general way. It is al o tated the present time show that the office will pay during the present . that in 1877 the postal revenues were 70,000, and a little over that fiscal year 21,000 to the Government . for 1 7 and 1 79. I have a letter from the Postmaster-General, dated March 11, 1882, T11e facts are that in 1 78, as I have here in a ta.tement from the giving a detailed statement, an extract from which I will have Sixt.h Auditor's office, the gro s postal receipt in 1 7 were only about printed with my remarks, and is as follows: 13,500; in 1 79, 14,000; in 1 80, 16,000; in 1 1, 'li 17,000; and to Our revenue is gradually increasing; January sales, $1,553.70; February sales, make these postal 'receipts as much as stated in the report, that is, to $1,838.53, (stamps only, of course;) total, $3,382.23. Add, say, for March, (which reach the gross amount of ·10,000 thei have to take in all the postal is a bad, stormy month,) $1,325, and box-rent already collected, $482, will make a money-9rders ol / 9514- CONGRESSIONAL RECORD-HOUSE. MAY 2, bal to raise a bonus, as is stated to me by the postmaster, and the ble to transact the business properly and accurately. And at the present time we have twelve mail-trains to arrive and thirteen to depart daily, except Sunday, Government accepted a lease and pays the pitiable sum of $400 per when the number is reduced about one-half. Sjnce my connection with the office annum for: a building insufficient and insecure; one that has been it ha-s been burglarized twice in the past year, greatly endan~ering the safety of condenmed by the postal authorities, and the merchants and busi Government fnD.ds and property, which yon will observe is not far from $200,000 ness men interested in the location on two blocks pay the balance per annum, includiRa receipts and payments. A building suitable for our wants, if it could be obtaine'a and a contract made for a term of years, could probably be for the Government. obt.ained for say $1,200 to $1 500 per annum, but considering that lumber and stone Mr. HASKELL. Is there any other rental paid, except the post- are two of our ;principal articles1 of export, it seems that it would be e9onomy on o-ffice rental f the part of the Government ro erect its own building, in which all of its business Mr. HATCH. There is, I think. could be transacted. I have the honor to be, colonel, very respectfully, your obedient servant, Mr. HASKELL. What is itt W. F. CHAMBERLAIN, Mr. HATCH. The collector or deputy collector of internal reve Acting Postmaster, Hannibal, .Missouri. nue has had an office there ever since the revenue laws have been in Hon. w. H. HATCH, M. a., operation . Tweltlif District, Missouri. .Mr. HASKELL. What rental is paid for his office f I do not know why, after the passage of so many bills for the con Mr. HATCH. I have a statement from the deputy collector, :Mr. struction of public buildings, (and I do not criticise any of them,) I Heywood, which I will find in a moment, and print in this connec should take up the.time of this House any longer. I certainly have tion: stated facts enough to induce a majority of this House to vote for UNITED STATES INTERNAL REVENGE, the passage of this bill, and unless the gentleman from Pennsyl DEPUTY COLLECTOR'S OFFICE, THIRD DISTRICT, MisSOURI, Hannibal, Missouri, February 23, 1880. vania [Mr. SHALLENBERGER] desires some time I will call a vote on the bill. DEAR SIR: Being absent from home your letter of the 16th instant has but just come to hand. The statement referred to I most positively mailed to you on To the honorable Mayor and Oity aouncil of the city of Hannibal: the 1st instant. I send you inclosed herewith a " duplicate," as requested. It is GENTLEMEN: Your committee, to whom was referred the matter of the erection impossible for me to furnish you with a statement ~iving the exact amount col of a Government building at this place, after a due consideration beg leave to sub lected in this district since the revenue law went mto O:t>eration, as the records mit for your consideration and ap:proval the followin.&....memorial, and ask that it be containing that information are at the general office, LoiDSiana, packed in large forwarded ro our R~presentative m Congress, Hon. w. H . HATCH, in Washington, boxes with other papers and stored away, with the exception of the la-st few years; District of Columbia, to be laid before Congress, and that he be and is hereby but I can come very near to it, which I think will answer your purpose. If any instructed to. nse all honorable means'in his power, as also his influence and elo thing more should be wanted that it is in my power to furnish advise me and it quence with Congress and the committee to secure such an appropriation as will be shall be promptly sent to you. adequate t() erect such a Government building in the city of Hannibal, Missouri, From September,1862, to August, 1865, inclusive, the collections in this district as is ab olntely nece sary to the growing interests ana demands of Northeast were over $360,000 per annum. Missouri. From Sept.ember, 1865, to September, 1868, inclusive, over $600,000 per annum. The city of Hannibal, Marion County, Missouri, is located about one hundred From October, 1868, to .Tnne 30, 1879, over $300,000 per annum. and twenty miles north of Saint Louis and about sixty miles south of Keokuk, In other words, this district since the revenue law went into operation ha-s paid Iowa. The counties of Clark, Lewis, and Marion are north, and the counties of over six and one-quarter millions of dollars to the Government, of which at lea-st Ralls, Pike, and Lincoln are south of Hannibal on the Mississippi River. Three four and one-quarter millions was collected by me at Hannibal. counties to the west of these six counties form or constitute the wealth, power, and Hoping the above may prove satisfactory, I am yours truly, strength of Northeast Missouri. C. P. HEYWOOD. No section or equal portion of country in the Unit~d Stat.es is superior in fertil Ron. W. H. HATCH, Washington, D. a. ity and prodnctivene.~s of soil, alluvial plains, abundance of timber, water and pasturage, or have a more healthy congenial climate. In addition I desire to state, in reply to the gentleman from Illi The vast resources of 1\ortheast Missouri are rapidly developing, and the pro nois, [Mr. CANNON,] a sub-committee of the Judiciary Committee of duction of corn, wheat, oats, and other cereals, the great droves of horses, mules, the House for the second time have reported favorably a bill to the cattle, sheep, swine, raised and shipped yearly are simply enormous. The coun committee giving to the city of Hannibal two terms of the United ties of Manon and Ralls alone show per return : 64, '716 swine, 33,500 neat cattle 24,378 sheep, 12,969 horses, and 3.498 mules, about four million bushels corn, and States distnct and circuit courts for the northern division of the one and one-half million bushels wheat. To the e great productions add the coun eastern district of Missouri; That bill will be reported as soon as ties of Clark, Scotland, Schuyler, Adair, Knox, Lewis, Shelby, Linn, Macon, Mon the gentleman from Iowa [Mr. McCom] can get the :floor for that roe, Pike, Audrain, Boone, Callaway, Warren, and Lincoln, with their immense purpose, and will go upon the Ca1endar. It has been reported the productions and herds of stock, and we can safely assert that Northeast Missouri 1s not surpassed, if equaled, by any other section of the State of Missouri, or the second time, as stated, and I am satisfied the House, when the bill is United States. The importance of a. substantial Government building in the city of Hannibal data returned is undoubtedly correct, while that estimated is more likely to be for the purposes stated. namely a. United States district court, collector's (as below the truth as omitting important operations. sistant) office, and other public o~ces, and the great need of a new, safe, and secure The annual report of the Hannibal Bndge Company snows that there passed post-office, as is ably shown by Captain Chamoerlain, assistant poRtmaster, in the the draw about 370,000,000 feet of manufactured lumber and 24,000,000 feet of logs annexed report as to the amount and volume of business done a.t the present ins& of which 140,000,000 have been taken out of this city and 15,000,000 feet manu~ cure building used as a post-<>ffice. factnred from the logs. Respectfully submitted, Tabulated, the business of the city will show as follows: W. B. DRESCHER, Mayor. G. M. HARRISON1 D. M. DULANY, J". T. K. HAYW.ARD , C. H. MOORE, JOSIAH LEAMON, Business. Amount. Value. Special Committee. STATE OF MissOURI, Coun ty-of Marion, City of Hannibal, ss: I, William E. Forman, clerk of the city aforesaid, hereby certify that the above is a copy of the original report of ihe special committee appointed bl council touching the question of the erection by the United States Government o a public Saw-mills ...... 1 15, 000, 000 feet logs ...... 1, 500 $300,000 ~f1i~~b:I~he same appears o~ file in my office, the office of city clerk of the city Lumber dealers ...... 9 140, 000, 000 feet ...... 14, 000 2, 800,000 La.th dealers ...... •...... 9 75, 000, 000 . -.... -...... -. 1, 700 200,000 In testimony wherof I hereunto set my hand and official signature and affix the Shingle dealers ...... 9 50,000,000 ·---~- ...... 700 175,000 common seal of said city this 3d day of February, 1880. Door, sash, and blind dealers. 10 . --...... - -. . • ...... • . . 100 150,000 [SEAL.l WILLIAM E. FORMAN, 8 175,000 Clerk C. H. r=~~~-:-::::::::::::: 3 ·250,-ooob~~ls·::: ::::::::: ··2;ooo· 200,000 Operations of Hannibal post-ojfice in 1879. Plaster and cement ...... 4 6, 000 barrels ..· ...... 80 15,000 Hair ...... Number of domestic money-orders issued...... 6, 629 4 300, 000 pounds...... 20 60,000 Merchant flouring-mills ... . 3 123, 000 barrels bran and 1, 200 900,000 Number o~ foreign money-orders issued...... 68 shipstnff. Total ...... • ...... • ...... 6, 697 Custom mills ...... 1 50,000 Ice ...... 10 "80," 000 "i<;~~: ::: :::::~:::: :: .. 6; 000. 150,000 Breweries ...... •...... Amount of domestic money-orders issued ...... •..••...... •.... $71,621 72 3 5, 000 barrels ; 350 tons cast- 70 40,000 Fees ...... • ...... 763 00 Iron foundery ...... 1 ings. 130 80,000 Amount of foreign money-orders issued...... 1, 742 00 5, 000 car-wheels ...... Fees ...... • ...... 46 15 Ma.chine-shops...... 2 Largely repaits ...... 25,000 10,000 Total ...... 74, 172 87 w~:~~sh~~scairi~g~ sh~ps:: ~ ·7ao·.·::::::::·.::::::::::::: ········ 50,000 Soap fac~ry ...... 1 .Amount recieved for box-rent...... 1, 745 45 Pork-packers...... 4 ·4; ooo: ooo ·i>~~~ ~: ·:.:: ·_::: 160 ~: ggg .Amount received for postage ...... -·...... 13, 249 59 Tobacco factories...... 2 60, 000 pounds ...... ·. . . . 30, 000 Ci~ar. factories...... 7 2, 000, 000 .... -. -.. --... -. - ... -- -- . 60, 000 Total receipts ...... • • ...... 89, 161 91 Printing and blank books.. . 2 ...... 75,000 Number of domestic money-orders paid...... 4, 208 Daily newspapers...... 2 2, 500 circulation ...... Number of foreign money-orders paid...... 41 Weekly newspapers ...... 4 3, 000 circulation ...... 300, 000 barrels ...... 300 150, 000 Number domestic repaid...... 52 ~~~~1!:~_:::::::::::::::::: : No data ...... Candy factories...... 2 No data ...... •...... Total .. - ...... • ...... • • ...... 4, 301 No data ...... Amount of don:ies~o money-orders paid: ...... •...... $62, 900 52 ~j~~--~~~-::::~::~:::::::: i 250, 000 barrels ...... 3, 020 350, 000 Amount of domestic money-orders repaid...... 656 77 Coal-oil ...... 1 200, 000 barrels ...... 3, 500 1, 200, 000 Amount of foreign money-orders paid ...... '...... 1, 285 35 Hard coaL...... 2 8, 400 tons...... 700 60,000 Soft coal ...... 2 56, 000 tons...... 4, 000 16 , 000 Total ...... • ...... • ...... 64, 842 64 Wood-yards...... 2 30, 000 cords...... 3, 500 100, 000 Wholesale groceries -.. --. -. a $1, 000, 000 sales ...... 1, 000 1, ooo, 000 All other wholesale houses .. 500, 000 sales ...... 500 500, 000 ~~~:~ ~~~~~: ~~~~i:~t6d:~~::~ ~ ~~~~~~ ==~=~~:: ~ ~:: :~::: ~:::: :~ :::::: ~ ~g~ Retail houses, all kinds..... 500 2, 225, 000 sales ...... 2, 000 2, 225, 000 Total number pouches handled...... 25, 700 The Mis issippi is here spanned by a railroad and wagon bridge and is also === crossed by a steam ferry. The land on the opposite side is an immensely fertile ~~~~ ~:~:~Ei: ~ i~~: :~:::::::: ~: ~:::::: ~::::: ~::: ~::::::::::::::::::: *~g: ~~~ ~; bottom, partly protected by a levee which is not adequate for the purpose. It has Total number pieces originating in office in 1879...... • ...... 1, 985,152 however, since its construction, materially deepened the channel and improved navi,:tation in the portion of the river opposite. HAJ\'"IDBAL, Mo., January 30, 1880. The entire city is protected and supplied with water-works situated two hun DEAR SIR: In compliance with your request, I havethehopor to herewith give dred and forty feet above the river. yon statement of the business of this office for the year 1879. Hannibal has one of the best public houses (hotel) in the State. I would say, however, that a fnll idea of the large amount of bRSiness done in Five railroads make this city the terminus of a division, with accommodations for engines and cars. The Hannibal and Saint Joseph Company have here their ~s office (other than that _rep~esente~ by dollars and cents) cannot be accurately principal machine shO:tJS and general offices, employing four hundred men, and giV_en, for the r~son that m dispatching to and receiving mail from twenty-two trams per day, With delayed matter to be worked almost daily no opportunity is doing a. large amount of new work a well as repairs. afforded for ao_tual of ;J?ieces handled. I might institute a favor The lnm}>er bus~ess of the last year woul~ have been materially larger but for _gi~g numb~r the exceptional high water of last fall, which prevented operations for over a. able oompanson m this respect With offices of much larger pretensions who handle month. The only limits which can now be placed on this business 'the oppor less matt~r , eit_he~ in number of pieces, pouches, or canva sacks, than we do, a.1;1d are '!here good buildings_ have been erected, and every facility given for the transao tunities and faoifities forhandlin~the lumber, as the railroad transportation from here to the West and Southwest IS less than from any other point on the river. t.Ion of. the post~ busmess. I would esp~ially call your attention to the increase of receipts of this office, from all sonroes m 1879 over the two, or, in fact, any pre For the same reason this has become a large depot for putting up ice which VIous years, but only 1877 and 1878 are gtven.1 industry will be largely increased. ' You will r eadily agree with me in the statement that our present post-office The amount of wheat consumed here was between six hundred thousand and bni!ding is very unsmtable for the business of the office, and was selected almost seven hundred thousand bushels. entuely on the grounds of the_loWD;ess of rent, the charge to the Department being Ralls and Marion Counties, in Missouri, corner here, while Pike County inllli nois, is directly opposite. By the last census these three counties raised nearly o~y $400 per year, a bonus b!lmg pven the owner by the persons owning property two million bushels of wheat, and its quality is not excelled. Much of this is a~Jacent to the present_ locatio~ of the office. Not only this, but the story imme marketed here and much more would be with improved facilities. There is one ~a:tely over the ot:fice IS oc~npied by private families, greatly increasing the lia bility to fire, and m many mstanoes, as well known to yourself the character of elevator here for handling grain by oars or river, capacity about two llundred the tenants is such that our present location is very unfortunate' both for the De and fifty thousand bushels, with two smaller ones on this side of the river and partment and the patrons of the office, and most of all to the' postmaster who one directly opposite. st.ands pecuniarily responsible. · ' This has been made the principal depot from which salt and coal is distributed I have the honor to be, my dear sir, very respectfully, your obedient servant, to the West and Southwest. ,. RICHARD DRANE, Postma.ster. Some idea of the railroad business centered here may be gained from the fact Hon. W. B. DRESCHER, Mayor. that last year there passed over the Hannibal bridge 9,101 trains, of which eight were ~~ar daily passenger trains and the rest were freight. For more than a The appended communications explain themselves, namely: mo!lth tnis. business was:r;nostly out off by unusually high water. The 6,000 freight trams passmg over the bndge were allot the Wabash Railway and would make O'\""er UNITED STATES ENGINEER'S OFFICE, 100,000 cars, while nearly or quite as many more were handled by the Chicago Rock·Island, IUinois, January 11,1882. Burlin~n and Quincy- and Keokuk and Saint Louis roads that did not :pass ove~ • J?EAR Sill: Yo~ a~· e respectfo¥y reque~ted to furnish this office with some sta the briage. The earnmgs of the several roads west of the river on theu freight tistics ot the busmess of Ha:nmoal durmg the year 1881. The information is business to and from Hannioal are thought to be not less than $2,000,000 yearly, the ru:::~:~=~~nal report m reference to the improvement of the Mississippi greater portion of which originated or ended here. ~~~ natur~ of the business is _largely ~nch as depends upon the .Port and river Very respectfully, your obedient servant, facilities for It profitable handling. With a good harbor and an Improved river A. MACKENZIE, a very large portion of the produce west of us could be brought here and stored or Captain of Engineers, U.S. A., General Superintendent handled and sbi:pped south to or pa t Saint Louis for less than the cost for yard Upper Mi.ssissippi River Improve-ments. room and switching at that point. His Honor the MAYOR, Hannibal, Missouri. The business of Saint Louis has already outgrown her facilities for handling, and railroad freight are in a chronic state of blockade, which must soon seek re lief by other routes. Some will seek the river at Memphis, while much of this MAYOR'S OFFICE, HANNIBAL, "MISSOURI, business may be best accommodated at Hannibal. J anuarg 23, 1882. All of wh10h is most respectfully submitted. DEA:n Sm : In obedien_oe to your request of the lith instant, I inclose you the Yours, truly, followmg statemen1i, which has been somewhat delayed from causes which we JOSEPH ROWE, Mayor. could not prevent. A. MACKENZIE, T~~ bus~ess of Hannibal for the year 1881 has not been kept with the aMuracy Captain of Engineers, U. S. A., Gentral Superintendent of Olbes which have a board of trade, but in the most important departments the Upper Mississippi River Improve·ments, Rock Island. • 3516 CONGRESSIONAL RECORD- HOUSE. MAx 2, 1\Ir. SHALLENBERGER. On this question of the propriety of following pretty implicitly the reports of the Committee on Public erecting a public building at the city of Hannibal, Missouri, I confess Buildings and Grounds; and I want to know whether that committee there may be a difference of opinion. I do not regard it as one of the adopts the rule of recommending the erection of a public buHding strongest and most meritorious cases which have been reported from simply for a post-office where there are no courts or anything of that our committee. But this bill has been favorably reported by the kind, and merely taking into account the size of the town. For in majority of the committee, has been placed o.n the Calendar of the stance, yesterday I should have voted against the bill for a public Hou e, and now in the :pending discussion I desire to say a word or building at Jackson, Tennessee, had there not been a United States two in reply to the animadversions which have been made upon the court at that place. Now, has the gentleman any idea how many action of the committee, and upon the action of the House, which cities there are in the United States that pay more postal r eYenue has wHhin the last few weeks almost unanimously indorsed our and have a larger population than the city of Hannibal, and that committee. can present in favor of the erection of a post-office building -very And fir t, I do not agree with my friend from Kansas [Mr. HASKELL] possible reason that can be urged in the cas~ of Hannibal V I wi h when he intimates that the only question to be considered by the to kno:v whether the committee adopts the policy of recommending Committee on Public Buildings and Grounds is the question of a post-office building in every ~uch city as that f rental, the amount of rent now paicl by the United States Government Mr. SHALLENBERGER. In answer to the gentleman I wHl say for such rooms as may be occupied by its officers at the present time. that our committee does not adopt the policy of recommending the That is not a fair test, as I think I can show the House in a very few construction of a public building at every city where there is simpl'y minutes. a post-office. - I have a city in my own districtwhich·now leases the finest room 1\fr. HORR. I said every city as large as HannibaL jn the city for the Government post-office at the nominal rent of 1 1\fr. SHALLENBERGER. Every city as large as Hannibal. Nor a year. That lease will soon expire. 'Does any gentleman on this does the Committee on Invalid Pensions undertake to pension every floor suppose that that lease can be renewed indefinitely for 1 a deserving soldier in the country, simply because we have a few pen yearY sion bills on our Calendar. We cannot con ider at once the claims Mr. CANNON. I de ire to ask the gentleman a que tion. of all who are deserving of pensions. So I do not undertake to say 1\Ir. ~HALLE~l3ERGER. In one moment, when I have finished that there are not in the district of the gentleman from Michi~an, my statement. [:Mr. HoRR,] or the gentleman from Illinois, [Mr. CANNON,] cities Mr. CANNON. It is right in that line. as much entitled to a public building as the city of Hannibal. But Mr. SHALLENBERGER. I say that the temptation offered United I say that th~y have not presented their claims to our committee. States officials to locate the post-office where it will benefit not the Nor do I say that this cityis more deserving than other cities whose community at large perhaps so much as a few mercha.nts and a few claims are now be:.fore our committee. I do not say that I heartily leading business men-the temptation held out for those merchants agree to the report that has been made iu this case; I always reserve and business mt~n to club together and say to the postmaster that if the right to di sent from any report. But my committee instructed he will locate his office in a particular part of the city which will suit one of it.s members to report this bill favorably; and I am only de them they will give him the use of a building for the purpo. eat a fending the ~eneral principle which! a· ert, that whenever the Gov nominal rental-is not necessarily a consideration suffident to justify ernment finu ' it elf needing accommodations which will cost $2,500 the Department in locating a post-office, nor &hould it prejudice the or :3,000ayearintheway of rent; whenithas revenueofficesandother rights of any community to have a public bwilding eligibly located offices which mu t be a :}comruodated permanently and should be in in the interest of all the people. fire-proof room ; when thi isthe ca e in a growingcitywhererents 1\fr. CANNON. A question right there. are increasintr materially everyyear, I say that then there ought to Mr. SHALLENBERGER. Certainly. be, in my judgment, a public building sufficiently large to accommo 1\Ir. CANNON. I desire to ask the gentleman from Pennsylvania date the e public office~. [Mr. SHALLE~ERGER] if he does not know that it is a part of the The bill passed yesterday for a court-house at Jackson, Tenne see, policy of the Post-Office Department to get up this competition was certainly deserving of consideration. Some complaint was made throughout the length and breadth of the country in different towns yesterday about a bill which passed the House in which the term for the location of the post-offices in those towns, so as to get rooms for "court-house" was used when in fact no court is held in that city the use of those office at a nominal rent Y And if we cease to fol at present. I did not then get the opportunity to say what I ay now, low that policy the rent of buildings for the use of post-offices that that the bill was not reported from our committee, but was a Senate now cost, comparatively speaking, a very small sum will amount to bill pa ed under a suspension of rules. We as a committee are not multiplietl million of dollar . Now, I wish to ask the gentleman if responsible for the phra eology of that bill. We eliminate the word he is ready to advise the abandoning of the present policy on the court-house when a bill comes before our committee unles court part of the Post-Office Department 'f are understood to be authorized and need accommodations. I would Mr. SHALLENBERGER. In answer to that I will say, first, that be glad if we had an hour or two hours for the discussion of every I do not admit the premise that it will cost the Government untold bill like this. I want to see a bill that cannot stand on its merits millions of dollars. I ay, further, that if the Post-Office Department voted down after discus ion, and a bill that can stand on it merits undertake to stimulate in this country that kind of competition, it go throu~h. I wish to see every unworthy bill, if there be such is acting outside of the law and outside of justice and of decency. bills carelessly agreed to in committee, eliminated from our Calen I say the same principle would lead the Department to tempt bid dar, and every worthy bill pa sed. ders from the State of Maine, for instance, to try and obtain little We have presented to-day in the city of New York an illu tration local post-routes in my county as again t persons living in the county, which justifies the Government in owrung property in growing cities. men of honor and of hone ty, who will promptly and faithfully per-~ In 1800 the United States Government purchased in that city a build: form the duty. in~ for its po t-office. Two hundred and fifty thousand dollars was ].Ir. HORR. Will the _gentleman permit me to ask him a question Y prud, of which the citizens contributed fifty thousand. The Govern Mr. SHALLENBERGx.;R. Not at present, until I have finished a ment has owned that property from that date to this, escaping mean sentence or two. It is a policy which tempts men to come in and while the payment of large rentals which would otherwise have been compete for the location of our public business where perhaps it necessitated. To-day we have on our Calendar a bill proposing to should not be. This great Government is abundantly able, as is any sell that property and turn the proceed into the United States Treas business man, to locate its offices where it most needs them and to ury; and from that little lot which cost the Government :UlO,OOO, pay a proper price for them. I say that a government like ours ought we expect to realize possibly $800,000 or more, leaving a surplus or to locate its court-houses and its post-offices where they will be most $600,000 or more to go into the Treasury. This, I think, is a suffi-. (}Onvenient to the public at large, and should not be swerved from cient vindication of the principle which we now seek to inaugurate that purpose by competitive biddinO' of localities. in reference to g-rowing cities like Detroit, Minneapolis, Denver, Does the gentleman fremKansas [lli. HASKELL 1 or the gentleman and all other cities where property, especially eligible lots, which from lllinois [Mr. CAN~O~] say that if a banker or a merchant were the Government may now purchase, will in a generation doubl~ or to go into the city of Hannibal he would be tempted by a combina treble in value. But, which is more important, there the national tion of citizens owning real estate to locate his business house on the Government may transact its legitimate business without being at outskirts of that town, because he could thereby save a hundred dol the mercy of State authorities or subjected to the extortionate de lars in renU No, sir. What we want as a go.vernment is to go into a mands of private citizens, who compel the Government to pay, m rising city like Hannibal, ifyou please, where the ground increases in the shape of rentals, local taxes, insurance, and a high interest be value donble in every ten years, and purcha13e the most eligible square sides, as in this city. or corner lot in that city, and there build a structure for the use of the ~Ir. HATCIJresumed the floor. Government, not ornate in a:rchitecture, bnt sufficiently large to Mr. WILLITS. I would like to ask the gentleman from Missouri accommodate all the Government business, and thenlet the Govern [Mr. HATCH] a question. ment property appreciate in value with the other property in the · 1\Ir. HATCH. Certainly. city. Let the G{)vernment plant its flag there, if you please; teach :Mr. WILLITS. The gentleman has referred to the fact that ia all sections to appreciate the dignity of the General Government, two Congresses a report from the Judiciary Committee has been and uphold and sustain it as it ought to be sustained. made in favor of a United States court at Hannibal-- Will the ~~ntleman tell me that the Government should go "jay Mr. HATCH. The gentleman misunderstood me. hawking" all over a city every two or three years merely to save Mr. WILLITS. I wish to know whether one of the inducements 100 in the rent of a po t-office offered to the committee in both instances was not that the citizen& 1\Ir. HORR. I wish to·askthe gentleman a question. I have been of Hannibal should pay the expense of the conrt-room Y 1882. CONGRESSIONAL RECORD-HOUSE. 3517 Mr. HATCH. A provision of that kind ha been in every court The following pairs were announced : billreported bytheJ"udiciary Committee-to operate, of course, until Mr. COR...~L with Mr. BLACK. the Government has a building of its own. Mr. ROBESON with lli. BLACKBUR...~. lli. WILLITS. I wish to protest hereto-day against the proposi Mr. WARD with Mr. AIKEN. tien made by some gentlemen here that because a court is held lli. HAMMOND, of New York, with !fr. PHELPS. in a place, therefore the Government ought to have a public build Mr. RICE, of Ohio, with :Mr. MARTIN. ing there. I admit the general doctrine that the Government ought Mr. RICHARDSON, of South Carolina, with Mr. RICHARDSON, ofNew te nave a court-room at every pla{}e where it holds court. I say for York. one, if we enter upon that policy I shall in the future scrutinize .Mr. HENDERSON with 1\fr. CLARDY. every claim for an extra court in the United States. I am willing Mr. BARR with Mr. GARRISON. to bring these courts as near home to the people as we can, but we Mr. McKINLEY with 1\fr. CARLISLE. know that as soon as such a bill passes then comes in another for a Mr. MCLANE with Mr. WADSWORTH. public building. It was so in the last Con~ess, and the one before Mr. DAWES with lli. 1\lA.TSON. that as well as in this. The prime move lS to get a court and the Mr. McCOOK with 1\Ir. SPARKS. next to get a building to put it in. Mr. STEPHENS wit1llli. HUBBELL. Mr. HATCH. The gentleman from Michigan asked me to yield to Mr. W ASHBU.R..."'i with Mr. HErun>ON. him, and I will do so for a question. Mr. CRAPO with 1\Ir. HEWITT of New York. Mr. HORR. I wished to make a few de ultory remarks. Mr. HOUK with lli. DmBELL. :Mr. HATCH. I hope the gentleman will not press his demand at 1\Ir. BRUl\UI with Mr. WISE of Pennsylvania. this time. Mr. SDIONTON with 1\fr. PARKER. The SPEAKER. The question i on the pa age of the bill. Mr. SHELLEY with Mr. CASWELL. The House divided; and there were-ayes 93, noes 37. Mr. BLANCHARD with Mr. LEWIS. . lli. CANNON . . I demand the yea and nays. Mr. PHELPS with Mr. WEST . The yeas and nays were ordered. :Mr. l\iARSH with :Mr. McKENZIE. The question was taken; and it was decided in the affirmative Mr. CROWLEY with Mr. NOLA..."{. yeas 126, nays 52, not voting 113 ; as follows : 1\Ir. LEEDO~:I with 1\Ir. SHULTZ. YEAS--126. Mr. HAZELTON with Mr. ATHERTON. Mr. l\10~"EY with 1\fr. HARMER. Aiken Dibble, Klotz, Smith, Dietrich C. .Aldrich, Dowd, Lord, Smith, J. Hyatt Mr. 'WAIT with Mr. HOGE . Anderson, Dnnn, Manning, Speer, Mr. HORR with :Mr. COOK. Armfield, Dunnell, Mason, Springer, 1\Ir. RUSSELL with 1\Ir. 1t1ILLS. :Beach, Ellis McCoid, StockSlager, lli. DAVIS with 1\fr. CALDWELL. :Belmont, Erm~ntrout, Moore, Stone, :Bingham, Evins, Morse, Talbott, Mr. BRO~"E with Mr. McMILLL'\". :Bland, Finley, Mos~ove, 'l'homas, Mr. PAGE with :Mr. ATKINS. :Blis , Fisher, Moruton, Thompson, Wm. G. Mr. WEST with Mr. KNOTT. :Blount, Ford, Muldrow, Tillman, :Briggs, Forney, Mutchler, Townshend, R. W. Mr. TUID\"ER, of Kentucky, with Mr. LACEY. Buchanan, Fnlkerson, Norcross, Tucker, 1\Ir. BELTZHOOVER with Mr. BAY~"'E. Burrows, J o . li. Garrison, O'Neill, Updegraff, J. T. Mr. GUNTER with ~fr. BURROWS of Michigan. Butterworth, Gibson, Paul, Upson, 1tfr. JACOBS with Mr. BENJAMIN WOOD. Cabell, Harmer Peirce, Valentine. Calkin Harris, HenryS. Phister, Vance, The vote was then announced as above recorded. Carupbcll, Haseltine, Pound, Van Voorhis, ~fr. HATCH moved to reconsider the vote by which the bill was Carpenter, Hatch, Reagan, Wait, passed ; and also moved that the motion to reconsider be laid on the Reed, Walker, table. 2~ .~dy, ~er~~rt'G W Rice, Theron M. War11er, Colerlck, niiiWl ' · · Rich, Watson, The latter motion was agreed to. Com-erse, Hoblltzell, Robinson, Wm.E. Wellborn, Cotington, Hoge, Rosecrans, Wheeler, TARIFF COl\D:IISSION. Cravens, Hooker, Scales, White, Culberson, House, Scoville, Williams, Thomas Mr. KASSON. Mr. Speaker, I now renew the motion that the Curtin, Hubbs, Scranton, Willis, Honse resolve itself into the Committee of the Whole House on the Darrell, Humphrey, Shackelford, Wilson, state of the Union to proceed with the consideration of the tariff Davidson, Jones, George W. Shalleaberuer, Wise, George D. commis ion bill; and, pending that motion, I move that all debate Davis, Lowndes H. Jones, James K. Singleton, :fas. W. De Motte, Jones, Phineas Singleton, Otho R. ~~eci, W;r~~ !: be clo ed on Thursday next. Deuster, Kenna, Skiimer, Mr. RANDALL. I understand that as serving notice on the House. Dezendorf, King, Smith, A. Herr I do not th myself it is po ible to get through with the debate NAYS-52. in that time, certainly not before Saturday. As a mere notice I hope it may produce what the gentleman desires. Buck, Guenther, .Ma~on , llobinson, James S. Mr. RANDALL. I move a further amendment by fixing Saturday gentlemen on both sides have been heard. But to fix a day now on as the date when the debate shall be closed. which the debate shall certainly close would almost inevitably hav& .:Mr. KASSON. I hope the .gentleman from Maine will not insist the effect of preventing some gentlemen on one side or the other, and upon fixing an hour upon Thursday to close the debate. possibly on both sides, from bemg heard; which of course will cans& Mr. KELLEY. I think it would be in violation of the repeated dissatisfaction. understanding upon the floor of this Honse. Mr. REED. I think the amount of suffering which will be caused Mr. REED. I never entered into any understanding of that by some gentlemen not being heard is a serious matter for the con kind. sideration of this Honse. Mr. KELLEY. I desire to be heard on this point-- Mr. CARLISLE. This is a great public question. It is of as much :Mr. THOMPSON, of Kentucky. I desire to ask the gentleman from impo~al?-ce as any other question pending before this Congress, in Iowa if it was not understood that the debate was to be unrestricted. my opnnon. Mr. KELLEY. That is my recollection of the n.rrangementwhich Mr. HUMPHREY. Andithas consumed more time than anyother iwice received the decided sanction of the Honse. I believe that by three questions together have done. Thursday, if the agreement to devote the time exclusively to this Mr. RANDALL. So it should. subject shall have been lived up to, the debate may close at least by Mr. KELLEY. So it did in the last Presidential campaign, and so· Thursday aft.ernoon. it will in the next. .Mr. THOMPSON, of Kentucky. Then I will suggest to fix no spe Mr. HUMPHREY. There was not a tariff commission before the cific hour, but to let the debate continue until Thursday, and then people during the Presidential campaign; but the tariff question was. the House will have it in its power to determine whetheiit is ready before them. . to close the debate or not. Mr. RANDALL. I want to apprise the House what the effect will Mr. KELLEY. And especially do I object to fixing an hour on be of adopting Thursday as the day to conclude general de"hate on Thursday. The chairman of the Committee on Ways and Means is this bill. It is well known that the committee members who have· expected to sum up the general debate, and it is within my personal not yet spoken must have, or will desire at least, two days; and the knowledge that many gentlemen have alluded to particular points effect of fixing Thursday at this time will be to exclude every mem on which they desire to hear an explanation, and about which there ber here, except members .of the committee, after to-day. will necessarily be some discussion. And taking the example of this Mr. KASSON. I desire to be allowed a single word in reply to the House to-day, Mr. Speaker, here is more than an hour and a half of suggestions of my friend from Kentucky, [Mr. CARLISLE.] My rec our time alrea-dy exhausted, and little business has been transacted. ollection, to which my memorandum corresponds, is that no part of Now, you fix the hour of three o'clock on Thursday to close this de the week which we lost was designated a-s actually coming to us. bate. Other business will necessarily intervene, and the chairman We were to get what was convenient under the notice that we must of the Committee on Ways and Means may be given the summing give way to general business if we did not come to a vote thatweek. up at .that debate at the end of the day's session within tweRty or We did have one entire day. I offered two or three evenings, which thirty minutes of the time fixed for closing the debate. And for the other side did not deeire to take. That part of the agreement what 'I Why, that the hour named by the gentleman when this was carried out entirely according to my understanding of it. And business is to be ended shall have arrived to enable the House prob this week is to be substituted for that week in order to carry out that ably to adjourn. You can as well give to the subject the balance of understanding in good faith. the day as to attempt to close it within a limited number of hours, Since that agreement was made the House will rememberwecom and fix a specific time when it must be closed. I hope the effort will mencec;l our sessions an hour earlier each day. Consequently weare not be made, and that if the Honse shall determine to close the de getting an hour more on each of the three days this week. bate on Thursday no time will be fixed for it. I believe my colleague from Pennsylvania· [Mr. Rli.'DALL] is in The SPEAKER. The Chair will state that the question is not error in saying the gentlemen who specially desire to be heard will debatable. not be heard under the arran~ement now proposed. For I have no Mr. REED. I think it very proper that I should be allowed to ticed and noted on my list those who have expressed that special say a word in response to the gentleman from Pennsylvania. My desire, and there is ample room for that; I find room for more, in object in proposing three or four o'clock was for the reason that I deed, according to my estimate of the time. am satisfied it would meet the approval of the Honse to come to a Mr. COX, of New York. I desire to say one word. vote at a specified time upon this question. I sincerely believe that Mr. TAYLOR. I call for the regular order. the House wants to debate further, while many members are ready The SPEAKER. This question is not debatable except by unani to vote upon the question, but at the same time it will welcome a mous consent. reasonable deliverance; and if that cannot be secured by naming a Mr. COX, of New York. The Chair has allowed other gentlemen time, and it seems to be the impression of those gentlemen around to debate. me that it cannot, then I will withdraw the motwn to fix an hour The· SPEAKER. The Chair has done so because the regular order and take a vote upon the proposition to close the debate on Thurs was not called. day without reference to the hour. Mr. COX, of New York. I desire to say only one word. The gen Mr. KASSON. I will add, if it is very desirable in order to accom tleman from Iowa [:Mr. KAssoN] .knows I want to speak and have modate other gentlemen who desire to speak, that I shall ask the intended to speak on this question. The House, however, broke the House to :fix one or two evening sessions, as the case may be. But I continuity of the debate by the contested-election cases, appropria am satis:tied from what I know that gentlemen are generally ready tion bills, &c. We are now almost in the middle of this week, and to dispose ofthe question now, and that ifthe time fixed is devoted there will be no full opportunity for debate if it is closed on Thurs to debate the House can be content and will be content to close the day. I ask my friend from Iowa not to press his motion now. There discussion on Thursday. I ask that order be made. is no disposition on this side of the House to prevent a vote being Mr. KENNA. I hope the gentleman from Iowa does not under taken if we are treated as we ought to be treated. The gentleman stand me as desiring to prolong the debat-e. I shall only want a few from Maine makes a reflection on this side-- minutes myself. . Mr. REED. Will the gentleman allow me to interrupt him Y I Mr. KASSON. I have no doubt the gentleman will have all ~ the have no reflection to make on one side or the other. My remarke time he desires. were not political. They had reference simply to the transaction of The SPEAKER. The Chair will submit the question to the House. the business of the House and the saving of time of members. Every The gentleman from Iowa moves that all general debate be closed in one possessing the experience of the gentleman from New York knows Committee of the Whole House on the state of the Union on Thurs we can bring this thing to an end consistent with the rights of all day next. The gentleman from Pennsylvania moves to amend by the members if we give notice three days beforehand that we will ma.lri,ng it Saturday next. cloee the debate on a particular day. By doing so we will save our Mr. KASSON. Oh, no; that is not part of the understanding. selves the discomfort of sitting here in the hot summer months. Mr. CARLISLE. I desire to make a single statement. When there ·Mr. COX, of New York. But you do not give three days' notice. was an understanding arrived at in the Committ-ee on Ways and You propose to close this debate really on one day's notice. Means that the general debate on this bill should be closed on last :Mr. REED. We have to-day, to-morrow, and Thursday. Thursday, it was also understood, as has been frequently stated on Mr. COX, of New York. A large portion of to-day is gone, and the floor of the House, that we should procure all the time possible the chairman of the Committee on .Ways and Means will take up for debate during the week preceding this. As a matter of fact, by Thursday. Let me say, however, that I would be content to vote reason of the intervention of the Committee on Elections, we secured for having the debate closed on Saturday. only a part of one day during that week for the discussion of this Mr. KASSON. Saturday is an inconvenient day for many reasons. measure. I desire to take the sense of the Honse on the question. Now it is proposed to close this debate on Thursday; that is, at The SPEAKER. The Chair will·state the question. the same time during this week that it would have been closed last Mr. TOWNSHEND, of illinois. I move to amend the amendment week had we procured the time we expected to procure during the so as to fix Tuesday next for the close of the debate. week preceding. The SPEAKER. The gentlcma.n from Iowa [Mr. KASso~] moves I think the gentleman from Iowa ought to let the debate go on for that the general debate on the tariff-commission bill shall be closed two or three days at least, that we may see whether gentlemen on in Committee ofthe Whole House on the state oft.he Union on Thurs the floor who desire to speak have had an apportunity to do so. I day next. The gentleman from Pennsylvania [Mr. R~'DALL] moves do not think there is the slightest desire, so far as I know, to prevent to amend that motion by fixing Saturday instead of Thur~:>day. The the close of the general debate at the ea.rliest possible moment after gentleman from illinois [Mr. Tow~sHEND J moves to amend th& 1882. CO~GRESSIONAL RECORD-HOUSE. 3519 amendment by fixing Tuesday next. The question is :first on the Ritchie, SmUh, A. Herr Thompson, Wm. G. Walker, Robinson, Geo. D. Spooner, Town.send, .Amos Webber, amendment offered by the gentleman from illinois. Ryan, Steele, Updograjf, J. T. White, The question was taken; and there were upon a division-ayes 34, Scranton, Stone, Urner • Williams, Chas. G. noes 74. Sha.llenberger, Strait Valentine,1 Wood, Walter A. So (no further count being called for) the amendment of Mr. Sherwin, Taylo~, Van .Aernam, TOWNSHEND, of illinois, wasnot agreed to. Skinner, Thomas, Wait, The SPEAKER. The question now recurs upon the amendment NOT VOTING-lOS. of the gentleman from Pennsylvania, [Mr. RANDALL,] that general Aiken, Davis, George R. Leedom, Robinson, James S. Atherton, Dawes, Lewis, Rosecrans, debate be closed on Saturday next. 1 Atkin.s Dibrell, Lindsey, Russell, Mr. RANDALL. I think that will be agreeable to both sides. Barr, ' Fisher, Manning, Shelley, The question was taken; and upon a division there were-ayes 73, Belford, Frost, Marsh, Shultz, noes 86. Berry, Garrison, Martin, Simonton, Black, Geddes, Matson, Smith, Dietrich C. Mr. RANDALL. I call for tellers. Blackburn, Gunter, McCook, Smith, J. Hyatt The SPEAKER. A quorum has voted, and the gentleman calls for Blanchard, Hall, McKenzie, Sparks tellers. Bragg, Hammond, John McKinley, Spaulding,1 Mr. RANDALL. I will call for the yeas and nays at once. Brewer, Hardenbergh, McLane, Speer, Browne, Hazelton, Mills, Stephens, Mr. KASSON. It is suggested that as an adjustment of this diffi Brumm, Henderson, Money, Stockslager, culty I agree to Friday next; and to settle that question now I am Burrows, Julius C. Hepburn, Murch, Turner, Oscar willing to say Friday. Butterworth, Herndon, Nolan, Tyler, Mr. ANDERSON. I would like to inquirewhetherthegentleman Caldwell, Hill Oates, Van Horn, Calkins, Hori-, Orth, Van Voorhis, means simply to close the general debate on Friday or to take a Camp, Honk, Pacheco, Wadsworth, vote at that time f Carlisle, House, Parker, Ward, The SPEAKER. The question is upon closing general debate. Caswell, Hubbell, Paul, Washburn, Mr. ANDERSON. And-does the gentleman mean to take a vote Chapman, Jacobs, Phelps, Watson, Clardy, Jadwin, Ramiey, West, at that time 'f Cook, Jorgen.sen, Rice, John B. Wheeler, Mr. KASSON. I mean all that can be implied in the order. Cornell, Joyce, Rice, Theron M. Willis, Mr. REED. I suggest that the order be to close general debate at Crowley, Kelley, Richardson, Jno. S. Willits!.-. 4 o'clock on Friday next, so that we can have a vote on this subject Cullen, Knott, Ro8ertson, Wood, JjeDjamin on lriday. Darrell, Latham, Robeson Young. Mr. BLACKBURN. That is fair. So the amendment of Mr. RANDALL was not agreed to. Mr. RANDALL. The easiest way is the best. Let us do this in The following additional pairs were announced: harmony. Saturday will be satisfactory. Mr. BUTTERWORTH with Mr. HOUSE. Mr. REED. I submit that there should be some harmony toward Mr. JADWIN with Mr. BRAGG. this side ; not all toward the other side. 1\Ir. WILLITS with 1\Ir. KNoTT. Mr. KASSON. I want to say to the gentleman from Pennsylvania 1\Ir. VAN VOORHIS with Mr. TUCKER. that Friday was accepted by several gentlemen on that side before Mr. SMITH, of illinois, with Mr. TURNER, of Kentucky. I made the offer. I hope the gentleman will not insist upon Satur- Mr. TYLER with Mr. OATES. day. · Mr. BROWNE with Mr. FROST. Mr. RANDALL. Those gentlemen may have communicated with :Mr. ROSECRANS with Mr. FISHER. the gentleman from Iowa; they have not with me. So far as I can Mr. CALKINS with 1\Ir. STOCKSLAGER. hear from the majority on this side, we desire to have Saturday. Mr. SPAULDL~G with Mr. WHEELER. l\1r. KENNA. I hope this side of the House will insist upon Sat Mr. RUSSELL with Mr. MILLS. urday. The tesult of the vote was announced as above stated. Mr. KASSON. That is more than the agreement, and in that case The SPEAKER. The question now recurs on the motion of the I must insist upon a vote being taken upon my proposition t-o close gentleman from Iowa [Mr. KAssoN] that general debate in Commit general debate on Thursday next. tee of the Whole on the tariff-commission bill terminate on Thursday The SPEAKER. The gentleman from Pennsylvania [Mr. RAN next. • DALL] calls for the yea'f! and nays on his motion to substitute Satur The question bein~~ taken, there were-ayes 64, noes 2. day for Thursday as the time for closing general debate. Mr. RANDALL. .No quorum. The question was taken upon ordering ·the yeas and nays, and Tellers were ordered; and Mr. KAssoN aqd Mr. RAl\"DALL were there were 41 in the affirmative. appointed. So (the affirmative being more than one-fifth of the last vote) the The House ~gain divided; and the tellers reported-ayes 64, no 1. yeas and nays were ordered. Mr. RANDALL. No quorum. The question was taken: and there were-yeas 89, nays 94, not The SPEAKER. The tellers will resume their place . voting 108; as follows: Mr. KASSON. I am bound torecognizethefactthatthough there YEAS-89. is a quorum in the House gentlemen desire to make ani sue by not Armfield, Davidson, Holman, Shackelford, acceding to the wishes of the majority in fixing a day. Barbour, Davis, Lowndes H. Hooker, Singleton., Jas. W. Mr. RANDALL. There was a bare majority against fixing Satur Bea be·line was worth $200. '"e had cotton in abunuance; it was rot people, brave and warlike, with e\ery cause of domestic di ension iing often for want of shelter; but we had a system of protection that removed, with a Union ab olutely indissoluble, with our industries would not permit us to sell or exchange. That system of protec in an a.d vanced state, and re erving the condition of indu tries IOI.' -tion -and protection means prohibHion-gradually starved the con consideration when we come to adjusting duties, the simple que tion federacy to death. All that time the North was fighting for free in thi discussion of the theory is how far and to what extent does ti·ade; it wanted to sell us its wares and its notions, and get our cot the danger or possibility of a war in the future with some foreign ton in exchange. The West was fighting for free trade; it wanted nation justify us in departing from the principle of free trade or of a, the Mississippi free to the sea; it wanted to sell us its corn, its tariff for re\en ue f flom· and its bacon. Will any gentleman tell mewby, if it is desira I think all men will aclmit that we could, (perhaps I should not ble that the farmer of the West should have a market for their pro say all men will admit it,) but I believe it to be demonstrably true duce in the South, it is not also desirable, when they have st-ocked that with less than the cost of a high protective tarifi' we could that market., they should ha-.e a market in Europe f Will any gen build up a n.avy that would ride the seas a~ainst all the powers of t lemall tell me w by, if these same farmers should deshe to bring back the world, and we could support an army of one hundred thousand in e:s::chan(J'e for theirprodnctscotton, tobacco, and oranges from the men. But all men will agree that we do not need any such navy or South without toll and without duty, it is not also desirable for them any such army, and it seems to me that there is an end of the argu to bring back fi:om Europe blankets and clothing free of toll and free ment for a high protective tariff as a war measure. But I will pass ·of duty 1 on to thi pamphlet. I am now merely discussing and endeavoring 'Vby do we rejoice at tho completion of e\ery railroad that con to answer the ar&'ument of the gentleman from Pennsylvania, who nects the North and the South, or the East and the West Y Simply, seeks to prove tnat the teachings of political economy are of the sir, because it ~i-.es us freer h·ade, more commerce with each other, class of airy nothings bodied forth by the poets. more liberty of exchange. Why is there a sentiment abroad amono Beyond his contention that political economy is a science based the people that compels u to vote millions to our rivers and harbors f on a sumptions, how does he seek to prove this assertion 'f Simply and solely that we may have more transportation and that He makes an attack on England and English policy. Suppo e he we may free our commerce from the restrictions, the tolls, the tariffs pro-.es, as he attempts to do, and as we must admit the fact to be, j)laced on it by railroad monopolie . But, sir, of what avail is it that England has been and is selfish and grasping; that she has not that we should dredge out our rivers that run down to the sea if always practiced free trade; that since she has professed it, now not ..a t the ocean's mouth we are to JlUt a custom-house officer to forbid more than forty years, she has not always allowed other nations or foreign article from coming up those ri-.ers to supply the wants of peoples to reap its benefits, does that prove that Judge KELLEY's our people' Will gentlemen say that we are to have cheap trans assumption is true that the "beautiful and seductive theories" of portation for our products down to the sea that we may export and our Sumners and Perrys ''must be classed with the airy nothings sell but no liberty to buy and import 1 Remember, sir, we are now bodied forth by the poets¥" Why, sir, we may admit all the crimes di 'Cussing the theories of free trade and protection. Which theory he charges on England to be proven, and this does n<>t touch the is right 'f question. Suppose we admit that prior to the establishment of our Judge KELLEY say that while free trade is cosmopolitan protection independence England, by unfair legit;lation and hostile edicts, pre ceksto secure to each nation ~ommercial aml industrial independ vented the establishment of manufactures in these colonies ; up ence. He is seeking to show that under wi e statesmanship every pose we admit that even since England has adopted free trade as nation would secureforitselftbis inestimable boon. Under this sys her own policy she has denied it to.. her colonies, does that prove tem, if adopted by all nations! England woul(l cease to depend upon that free trade would .not have benefited those colonies Y Why, sir, Ame1ica for cotton. She woUld shut her ports to our great Southern the gentleman himself disproves his own theory and absolutely dem staple and rely upon India. Every nation in Europe would shutout onstrates the theory he is opposing by what he says about India. the corn and the wheat and the beef and pork and cheese and but I send to the Clerk's desk and ask him to read the passage marked t er, and all tho products of our Western farms. The land-owners in on pages 14 and 15. England and France and Germany would exclude all the natural The Clerk read as follows : products of our soil under the cry of protection against the cheap So late as August, 1875, when trade in Manchester wa·s peculiarly depressed. lands in America. The people of different nations can only cease to the British Viceroy, in the face of a vote of his council against the de tructive depend on each other when they cease to rely on each other for any measure, abolished the slight duty remaining on cotton goods, and by the same edict imposed an import duty of 5 per cent. on long·staple cotton (a vital element thing. Under Judge KELLEY's system, thateachnation should be of their manufactures) imported into India. The Calcutta Englishman of August commercially independent aml industrially independent of every 5, of that year, said: -other nation, not a ship would cross the ocean. The commerce of "The new tariff bill is about as infamous a measure as ever a subsernent legis the world would be dead, for all peoples would be living at home, lature sought to impose upon a voiceless people. .An import duty on raw ma terial isJ under any circumstances, one of the worst modes of raising revenue that buying and selling only within their own borders. can be a.evised; but the duty which the Government is about t-o impose on a par It is no wonder that e•ery scientific student who sits in his closet ticular quality of her cotton imported iut-o this country is nicely calculat-ed to pro ..a.:-:1d speculates for the good of his fellow-man, who is perfectly un duce the greatest amount of injury that could possibly be inflicted by such an biased and has no favored class behind him, no associated capital impos!· whose interest he is bound as a representative man to represent, is "They have put a prohibitive duty on the raw material necessary to enable the opposed to a theory th8)t would strike such a blow at the progress of Indian mills to spin the finer counta of yarn and weave the finer makes of cloths, .civilization. and thns secure to Manchester a continuance of her present monopoly of these classes of goods. None but an alien government, or a despotic and Ignorant gov The gentleman, who I am sorry to see has left his seat, will say ernment., bent on filling its coffers for the nonce at any cost, would lia>e adopted that I am reasoning on assumptions. I am; on the assumption sim such a course as this. No free people would have thus drawn the knife across ;ply that all nations should carry out the policy recommended by the their own throats.'' gentleman from Pennsylvania. But I admit, sir that the assump The Bombay Gazette of the lOth of the same month denounced the measure with equal severity. The Indian chambers of commerce appealed t-o the Viceroy, tion is absurd, simply because the theory on which it is founded, as but appealed in vain. The modern cotton mills of India were doomed. I chal tested by the wants, as tested by the necessities, as tested by the lenge history and literature for a parallel to the grim irony involved in professions -experience of mankind is itself absurd, as applicable to nations at of devotion to the freedom of trade by the English Government and people, wha peace with each other. When we leave out of consideration the are responsible for the condition of India. and Ireland. dangers of war between nations and the question of revenues for the Mr.FISHER. Will the gentleman fromAlabama allow me to ask .support of Government, the theory of protection-which means in him a question¥ terference with the liberty of the citizen, a denial to him of the nat .Mr. HERBERT. Yes, sir. ural and God-given right to sell where he can sell highest and buy Mr. FISHER. ·If I understand the line of the gentleman's argu -where be can buy cheapest-is, from a purely scientific stand-point, ment, he admits that the southern ~ confederacy could have made a. the baldest fallacy, the grossest violation of natural right ever yet better defense if she had been better supplied with founderies and attempted by associated capital to be propagated in a free country. factories and had protected her salt interests, &c., and the gentle Mr. Chairman, I know that the practical statesman cannot disre man contends that now, inasmuch as we have increased within the gard the lessons of experience; but neither can he disregard the last twenty years till we have become a people of over fifty millions teachings of science. On this point I quote again from the same and ba ~ developed our manufacturing interests to a greater extent, author and the same essay quoted as authority by Judge KELLEY. it would be the true policy of this country, after developing under l.Iill says: the protective system, to cast it aside and become a free-trade nation. No one who attempts to lay down propositions for the ~dance of manldnd, Is that the line of the gentleman's argument f however 1>erfect his scientific acquirements, can dispense with a practical knowl :Mi·. HERBERT. Is the gentleman through with his question f edcre of the actual modes in which the affairs of the world are carried on, and :m Mr. FISHER. Yes, sir. ·ertensive personal experience of the actual ideas, feelings, and intellectual and moral tendencies of his own country a.nd of his own n. .. e. The true practical 1\fr. HERBERT. I started out in my argument with saying I was .statesman is he who combines this experience with a profound knowledge of ab- discussing the theory of free trade as contradistinguished from the 8tract political philosophy. Either acquirement without the other leaves him theory of protection; that I believed it was the duty of this Con lame and impotent if he is sensible of the deficiency; renders him obstinate and gress, when undertaking to legislate, to take into consideration the -pre nmptuous if, as is more probable, he is entirely unconscions of it. sHuation of the country1 the circumstances by which it was sur I do not, sir, disregard or forget the lessons of experience. I know rounded, the condition of1ts industries also, and that, having these all very well if the confederacy .had been filled with machine-shops, in view, then it was important to start out upon a correct theory. We with wagon factories, with factories of all kinds, it would have been cannot have free trade, because we must have an immenso revenue• .al>le to make a better fight for independence than it did. But we This revenue I favor collecting by a tariff. That tariff, properly ad .are in a different situation now. This nation numbers fifty million justed, will afford protection. I am not in favor of vi.olent meaalll'NI- XITI--221 3522 CONGRESSIONAL RECORD- HOUSE. M.A_y 2,.. that would bring distre s in any quarter of our common country. sons why the resources of Ireland are undeYeloped, and famine andl I am combati~~ what I consider an incorrect and fallacious theory distress have come upon her: advocated by tne gentleman from Pennsylvania, [Mr. KELLEY.] I These blessin~s she owes to the fact that the articles of union between Ireland1 think that is the answer to the gentleman. and Great Britain, executed by Castlereagb and other Iri:sh traitors, inflicted upon· But I do not want to be diverted from my argument. I sent that her that system of British free trade which is vindicated by the science based. extract up t{) the Clerk to read to show how the argument of the on assumptions. gentleman from Pennsylvania destroys his own theory. He attrib Judge KELLEY ought to know, for it is the plainest page in history, ute the ruin of the cotton manufactures of India to the fact that a that Ireland's woes came upon her before England adopted free trade, 5 per cent. tax was put upon long-staple cotton, which was simply before Adam Smith wrote, and before Richard Cobden was born into one of the i.Qgredients necessary to the manufactme of cotton goods the world. in India. He showed that the burden on that one single article of Henry Giles, the same author from whom I have quoted, in alec 5 per cent., in other words the negation to India of the right of free ture on the spirit of Irish histor;y, says: ''Under the swayofEliza trade in cotton simply by putting on long-staple cotton a 5 per cent. beth Ireland lay in tempest and in waste." And further on, in the· tax ruined the cotton interests of India. And then he challenges same lectm·e, speaking of the era from the death of Mary to that oi history for a parallel to the conduct of England toward India. I James!: ' can give the gentleman a parallel which.extends its lines beyond the While Europe was thus rejoicing in spreading grandeur, the fairest island on crime he denounces. its western border, with every means of prosperity and glory, lay like a ruin at Iron ship-buildincr has revolutionized the carrying trade of the moonlight, where pirates bad assembled to dinde their plunder in 'blasphemy and world. Defore the late war, in 'the days of wooden vessel_s, we built ~~ ~ more ships than aliyother nation. But since the advent of iron ves I refer to another author, who deals in facts and :figures. JamesJ. sels our carrying trade, which is a measure of our hip-building, be Clancy, in Ireland as She Is, as She Has Been, and a She Ought t() cause we cannot carry in foreign-built ves els, has been steadily Be, published in 1877, in his seventh chapter shows why Ireland has. passing into other hands. From 1S65 down to the present, the per no manufactures. He quotes the statutes passed in 1710, in 1732, in centage of American commerce carried in American bottoms has 1750, in 1765, in 1781, in17'35, and in 1:789, by which England discour been going down year by year. '\Thy is this '1 We have taxed aged and prohibited manufactures in Ireland. The author, in the everything going into an iron ves el-the iron, the steel, the rope , concluding paragraph of the chapter, says: the copper, and all on an average of mol'e than 40 per cent. If nut have not most of these prohibitory statutes been rep~>aled or allowed to a tax of 5 per cent. on one of the products entering into the manu lap e into dead letters t * * * Quite true ; but decepth·e. Where is the use of facture of cotton ruined India, how much more certain is it that a tax haltering a dead horse 1 He cannot run away. of more than 40 per cent. on everything going-into the make-up of a And it is to such a carcass a this, leached by carpet-bag~ers, by ship has ruined ship-building in America Y I take the following from landlordism and absenteeism, and finally starved to death oy high our Consular Reports, published for February, 1882: taxes and prohibitory laws, that the gentleman from Pennsylvania. The American Fla,g on the Mediterranean.-Consul Rice, of Leghorn, in his report appeals to ju tify him in imposing high taxes and prohibitory laws. for the quarter ending September 30, 1881, writes concerning the absence of the on free America. And he calls political economy that says Ireland .American flag from that port: ought to have had free manufactures, which she was denied; free· "It is with deep regret I am forced to infonn you of the fact that another quar export and import, which she was denied; free trade and fair play, ter has expired Without my being able to note the an·ival or departure of a. mer ehan.tvessel bearingthe.A.mericanflag-, thusmakingthreeconsecutivequartersdur which she was denied, a science based on as umptions. ingwhichourflag ba not been seen fl.yingin the port of Leghorn, except on board His argument that Turkey was ruined by cheap British goods is of our men-of-war during their occasional n its to protect a commerce which does ju t as unfounded and just as far-fetched. He says England made not exist. and I predict that within the pace of two years, unle1 Mr. KELLEY. I do not want the gentleman to yield. I only have recuperated f Since the war we have made larger crops and want to e1..-plain what seems to have been a misapprehension in his received more money for them than before the war. I have had a mind. table compiled by the chief of the Bureau of Statistics, who at my Mr. HERBERT. Mr. Chairman, I want to seethe Southern mann request has tabulated here, excluding the period of the war, the factories freed fr·om the dan~er of other establishments that by spe cotton production of the South from 1855-'56 to 1SS1, inclusive. cial privileges make so mucn money that they can buy out or crush :Mr. HORR. I admit all that; but did not this fall take place out their rivals at pleasure. I am the friend of manufactories and right after and during the war 7 Has it not been going up ince iron industries in the South. But I do not believe it is neces ary to that f Is not land higher than in 1868 in your country f rob other classes to build them up. With our natural advantages 1\Ir. HERBERT. I think not. In 1868-and 1869 land was as hi_gh all they want is fair play. In the revision of the tarll;r I would give if not higher than to-day. them fair play. I would not only pay regard to them in aujustinO' Mr. HEWITT, of Alabama. Do I understand my colleague to say the tariff imposed for the collection of revenue1 but I would put afi that the war had no effect on the price of lands in Alabama! machinery, every implement with which they carry ou their work, on 1\Ir. HERBERT. No ; I do not say so. the free list, and I would not anywhere make such violent changes Mr. HEWITT, of Alabama. Do I understand him to say that the as to stop industries and throw laborers out of employment. freeing- of the colored man from slavery had no efiect on the price of I want to elevate labor-all labor. We have in the South abun lands m the negro belt' dance of cotton and water-power and coal and iron and limestone Mr. HERBERT. I do not say so. I will tell the gentleman wha,t and wood, everything necessary to diversify our industries. And I do say, and that is this: that the principal industry before the war we have cheap labor-aye, too che::tp. I wish to rajse wages, increase in the South was cotton, and the principal industry to-day is cot the purchasing power of wages by lifting the burdens from the back ton-- of the laborer. Why is it, Mr. Chairman, that labor at the South is Mr. HEWITT, of Alabama. I should like to ask another question. so cheap Y Why is it that the colored man who works in the field Mr. HERBERT. Let me get through with this and then you may for money wages can get only $10 or 12 a, month Y It is not because ask me another question. of any combination against him. Planters bid against each other I admit fully the distress and depression that followed the war, .as much a~ theycan afford to pay. Why is it that the white manor but why have we not recovered f I want to state facts that will show the black man who labors on his own farm winter and sumruer can why, facts that will demoustrate that the high prices a high tariff scarcely make both ends meet f 0 ur people cannot be said to be idle. has compelled us to pay have kept the South poor. Our principal They work day in and day out; yet they are not prosperous. The industry before the war was cotton. Now it is the same. · argument is made in almost every speech on this floor in favor of The table is as follows: protection that this country is prosperous; and these gentlemen ..., ..... ~ QQ Q attribute this assumed prosperity to the high tariff. The fallacy of 0 ~g ~~ the argument as applicable to the West has ah·eady been pointed out. :p ~~ <:a· ... dA Q 'd~ 1>-0 Such prosperity as has come has come in spite of the Morrill tariff, Cotton yelll' ended.A.u- d ac.~.P Gross weight. pQ ... gust31- 00 .-.<.> just as it came in spite of pestilence and crime. ·we have been able 0... s~ • 1882. CO~GRESSION.AL RECORD- HOUSE. 3525 Mr. HE\VITT, of Alaba.ma. I hould like to ask my colleague constitute even-tenths of the people of this country, and they only another que tion right there. demand that legislation shall be fair and just to all. The nmnufact Mr. HERBERT. Very well; go on. urers ha-ve their representatives here, and together we could if we Mr. HEWITT, of Alabama. Do not the farmer or planters in the would enact a tru.'iff law that would be just and fair to all classes South get as high prices for cotton now as before the war 'f and grant to none privileges that woulU. be oppressive to others. But Mr. HERBERT. This table will show. those who advocate this bill say that the subject is so difficult that ~1r . HEWITT, of Alabam~. I want to know what implements the we should not undertake it, that we have not the necessary infor farmer pnrcha e in the South he l'ays more for now than he did mation, that the President must appoint a commission of nine to in before the war f quire into the facts and report to u and tell us how to legislate. l\lr. lfr. HERBERT. All I have to say in reply to that is that any Chairman, if we are not competent to legislate on this subject we farmer in the West or any farmer in the South knows, and no gentle should resign our commissions and say to the people who sent us man on this floor can convince him differently, that his average here, '' Send others in our places ; encl those who can understand and expenses ha-ve been higher since than before the war. perform the duties imposed on them." Information, gentlemen say1 Mr. HORR. The gentleman's exhibit is a flattering one, I think, we want. Why, what was the census taken for f \Vhy did we spend. but is not this the rea on why you have not any surplus"' Have you nearly $4,000,000 of the people's money if it was not to get informa- n ot divided the proceecl of the cotton sold among the hundreds or tion to enable us to legislate intelligently . thousands of men who raised it more equitably, whereas from 1855 to The census of 1880 was in many 1·e pects the roo t comprehensi-ve 1860 it went into the pockets of a few planters, and the men who did •and complete that ever was taken in any country. At the head of it t he work did not get anything t They did not uet any wages. was General Francis A. \Valker, a man too scientific, too leamed to )1r. HERBERT. So far as that is concernec'i practically all the be anythinu else in theory but a free-trader. But at the same time people of the South, bond and free, were supported by cotton before be was so able aml so pure a man that his appointment was satisfac the war. All, white and black, have been supported by cotton since tory to all parties. He bad been connected with the Census Depart the war. There was a surplus before the war and the South pros ment of the Government for more than ten years. He had a thorough pered; there is none now a,nd the South is not prospering. It does acquaintance with the leading men of all industries in all parts of not matter, for the purposes of my argument, w bo spent this money our country. He subdivided tbe subjects of inquiry and appointed whether the blacks bad a larger share of it than when they were at the head. of each the best men he could select. No man will dare slaves or not. It has been spent, and I am speaking for the black to say that Professor Pumpelly and Clarence King were not compe man as well as the white man. I want them all protected- while tent to take the statistics of mining industries; that Professor War we are talking about prot~ction-I want them protected against high ing was not competent to ta.ke the statistics of cities; that James t ariff prices. As I aid, the money to the South for cotton since the l\1. Swank, the secretary of the Iron and Steel Association, was not war in gol .make a law to lay and collect taxes, but to gather up information for stitntion, when among the members present were so many who had been members of the Federal Convention which framed the Cqastitution and of the State con i:he guidance of Qongress when it comes to execute t~e powers con ventions which ratified it. ferred upon it by the Constitution. * * I therefore see no constitutional objection to the bill. I vote for It does not appear from the printed proceedings of Con.,.ress on that occasion thi measure, not because I prefer it to an immediate revision of that the power was denied by any of them. o . * .It * * * * * tlle tariff by the House, but because I am satisfied that it defeat A further evidence of the constitutional power to protect and foster manufact woultl delay all revision until the Forty-eighth Congress. It is my ures by regulations of trade, an evidence that ought of itself to settle the ques ardent desire to relieve my people from unjust and uunece sary lmr tion, is the uniform practical s~nction given t~ the power by the General Govern ·dens which impels me to Yote for this measure. ment for nearly forty years ; Wlth the concurrence or acquiescence of every State 1 here and now repeat that every gentleman on this floor who g~n:e1~ent throughout.the same period, ~nd it may be added through all the "YICl s~tndes of ~arty which marked the penod. Non<;>v~l construction, howeyer de ires au early settlement of this que twn ought to support this bill. mgeruously deVIsed or howeverrespectable and patriotic its patrons, can With I am un willing, l\1r. Chairmau, to take my eat until I shall have stand the weight of such authorities or tlt.e unbroken current of o prolon.,.ed and ·detined my position on the tariff. I am neither for a tariff for pro universal a practice. And well it is that this cannot be done without the inter vention of the same authority which made the Constitution. If it could be done t ection nor for a tariff for revenue only. I do not deny the power of there would be an end to stability of go,ernment and laws. Congress to protect the productive industries of this country. I dis * * * * * .s ent from my friends on this side of the House who deny this power. And may it not be fairly left to the unbiased judgment of all men of experience Nor do I agree with the gentleman from Georgia [~1r. TURXER] who and of intelligence to decide which is the most to be relied on for a sound and safe test of the meanin:r of the Constitution, a uniform interpretation by all the suc the other day, while ably and eloquently discussing this question, cessive authorities under it, commencing with its birth and continued for a long .asserted that the aentleman from Ohio [Mr. McKIXLEY] was the first period through a >aried st.at.e of political contests; or the opinion of every new who had ever deciared for a tariff for protection and incidental rev legislature heated as it may be by the strife of parties or warped, as often happens, by the eager pursuit of some favorite object or carried away possibly by the power ·enne. ful eloquence or captivating addresse of a few popular statesmen, themselves per If the eloquent gentleman had been well posted in the early history haps influenced by the same misleading causes. If the latter test is to prevail ·Of Congressiona1legislation and debates he would not probably have every new legislative opinion might ma'Ke a new constitution as the foot of every fallen into that mistake. The first man who advocated a tariff for new chancellor would make a new standard of measure. protection without even incidental revenue was a Democrat from The power is expressly conferred upon Congress to lay and collect -the good old Commonwealth of Virginia in the First Congress after taxes, impost duties, and excises, by the Constitution. It is said, ihe adoption of the present Constitution. On the 15th day of May, howeyer, that this is a power to tax for the purpose of raisinO" 1789, while a bill was pendina in the Congress of the United States reyenue for the support of the Government, and not to give protec~ laying duties on good , Mr. Bland, of Virginia, probably a relative tion to any industry. That I shall not question; but every nation -of our Mr. BLA...·'m, said: has the unquestioned right under internationallaw to exclude foreign He thought that very little revenue was likely to be collected from the importa goods from its markets, or to prescribe upon what t erms they may tion of this article, [beef,] and as it was to be had in sufficient qlll!.ntities in the be admitted. Says Chancellor Kent : United States, perilllp a tax amounting to prohibition would be proper.-LZoyd's D ebates of Congress, volume 1, page 97. Every nation has the right and is disposed to exercise it of judging for itself in respect to the policy and extent of its commercial arrangements. The general Tiere a Virginian :td vocated a prohibitory tariff for the protection freedom of trade, however reasonabl~ and strongly it may be inculcated in the ·of growers of beef cattle. · modern school of political economy, Is but an imperfect right, and necessarily subject to such regulations and restrictions as each nation may think proper to Mr. Sinnickson on the same day declared himself a friend to the manufacturer of prescribe for itself. Every State may monopolize as much as it pleases of its own beer, and thought if a duty was laid ~h enough to effect prohibition the manu mternal trade, or may grant to other nations with whom it deals distinctions and facture would increase and of consequence the price would be lessened. (Lloyd's particular privileges as it may deem most conducive to its own int~re t. Debates.) Here the broad doctrine is asserted of the right of every nation to Here we have the doctrine of a prohibitory tariff for protection prescribe the terms upon which it will trade or permit its citizen a erted, because it was thought by .Mr. Sinnickson that such a duty to trade with other nations. This power includes, undoubtedly, the would stimulate the production of beer in this country, and thereby, right to lay customs duties beyond the revenue standard for protec under the idea that supply and demand govern prices, the supply tion. But it maybe said that the United States i not a nation. In hein_g greatly increased, the price would fal). notwithstanding the part I admit this is true. In its relation to the States- it is not na taritf. It was well for Mr. Sinnickson's reputation that this old fogy tional but federal; in its relation, however, t.o foreign governments doctrine of supply and demand regulating prices was asserted be it is national and not federal, possessing all the powers in this re fore such men as Madison and his compeers in the First Congress, for spect which the States held prior to the adoption of the Constitution. if he had uttered such nonsense in this Honse he would have been Each of the thirteen original States were soyereign nations, pos .subjected to the ridicule of the free-trader on this floor. sessing the power to exclude foreign goods or to admit them upon The old Democracy understood how prices could be reduced by such terms as each might deem most conducive to its own intere ts, .stimulating the production of commodities by a tarift~ and he who and each had exercised this riaht. This undoubted power was by will carefully read the history of the tariff and its effect upon prices each of these States delegated to the General Government by the will see how it has constantly and gradually reduced the prices of all ratification of the Federal Constitution, by that clause which con manufactured articles in our country, while the products of the farm fers upon Congrel:!s the right to regulate trade or commerce with all .are to-day higher than they were in 1860. Those who study·the tariff foreign nations, thus conferring the power upon the Federal Govern from books and the science of political economy, and who never stop ment of admitting foreign goods upon such terms as it may deem to look at its practical effects upon the country, cannot see how a most conducive to its own interests. tariff upon an article can reduce its price. The power of Congress to regulate commerce with foreign nations. I have, however, digressed from the line of my argument. This -doctrine of a tariff for protection only was asserted in the presence i10 unrestricted and as broad as the subject to which it.relatel5. ;of Mr. Madison, who had taken a leading part in the convention The power- which had framed the :Federal Con titntion, and who, like our friend, Says the Supreme Court ofthe United State - the distinguished gentleman from Virginia, [Mr. TucKER,] was a is complete in itself, and may be exercised to its utmost extent, and acknowledges · strict constructionist of that instrument, and he did not dissent there n6 limitations other than those which are prescribed in the Constitution. , from. The great apostle of Democracy declared that- What is commerce 7 The Supreme Court of the United States ays To cultivate peace, maintain commerce and navigation, t~ fo ter our fisheries, that'' it comprehend intercourse for the purpose of trade in any .and protect manufacture adapt.ed to our circumstances, are the landmarks to and all its forms, including the transportation, purchase, sale, and ~de ourselves in all -our relations, exchange of commodities of citizens of one country and the citizens Such was the language of Mr. Jefferson in his message of 1 02. or subjects of othor countries, and between citizens of different But, lest gentlemen may say that l\Ir. Jefferson did not mean to give States." · protection by custom dutie , I will quote again from his message of The power to regulate commerce clearly confers the power to levy 180 . protective duties. In this view I am supported by 1.\Iadison and Jef peaking of manufacture , he said: ferson, Jackson and Story. President Jackson, in his second message .And little doubt remain that e tablishments formed and formin"' will, under the to Congress, December 7, 1830, speaking of the power of Congre to ~ilii~~f cheaper material and ubsistence, the freedom of labor from taxation lay protective duties, said: The power to impose duties on imports originally belonged~ the several State . And mark the language- The right to adjnst these duties with the view to the encouragement of the domestic branches of industry is so completely identical with that power that it is diftioult and protecting dutie and prohibitions, become permanent . to suppo e the existence of the one without the other. The States have delegated Here we see the great founder of the Dema.cra tic party advocated their whole authority over imports to the General Government., without limitation or re triction, saving the very inconsiderable reservation relating to their ins~ ·duties on import , not for revenue only, nor even for revenue, but for tion laws. This authority having thus entirely passed from the States, the nght protection and the encouragement of our domestic industrie . t() exercise it for the_purpo e of protection does not exist in them, and consequently Mr. Madison al o advocated the protective system, and wrote a if it be not posse sed by the General Govel'I1ment it must be extinct, Our political system would thus pre ent the anomaly stripped of the right to foster their own .strong letter, in 1828, to his friend Jo eph C. Cabell, maint:rining industry and to counteract the most selfish and destructive policy which might be the constitutionality of a protective tariff. I will print his letter in adopted by foreign nn.tions. This surely cannot be the case ; this indispensable ftill as an appendix to my remark , and I will ask those gentlemen power thu surrendered by the State must be within the scope of the authority on who in this debate have denied ·the cousti tntional power of Congress this subjeot expressly deleaated to Congress. ·to protect om· home industries, to a careful consideration of that Mr. Story, in speaking of the power of Congress to lay protective letter. Mr. Madison says: duties under the power to regulate trade, says: The power to protect our producti>e industria is proved by the u e made of If ever, therefore, contemporaneous exposition and the uniform and progressiv& t he power .fQI' that objeet in the tint session of the First Congress under the Con- operations of the Government itself in all its departments can be of any weight te. '3528 CONGRESSIONAL RECORD- HOUSE. ettle the construction of the Constitution, there never has been and there never is exceedingly rich in iron, coal and copper. She has over :five thou 'ClaU be more decided evidence in favor of the power than is furnished bY' the history .and directinS" the collection of them, and questions arisinS' thereon, antis of citizens who are devoted to the Democra.tic party, ann who together with the conduct of the officers and collectors who will be are prouu of its pre-eminent achie>ements and its imperi bable hi - appointed to execute the law, as well a the conduct of the citizens tory, when it shall ba\e so far deparfed from the paths trou by its of the States in reference there,to, will be conferred upon the Fed father a to adopt the policy of the gentleman from Kentucky, be ~. ral comts. ' Innocent cHizens will be arrested upon trumped-up lieving as they would that it adoption would bring wide- pread charges and dragged a hundred and fifty and in many case two disaster and ruin upon the American people, and especially upon the hnnclred and fifty miles from home and friends for no other purpo e people of the South, as destructive as war, famine, or pestilence, than to fill the pockets of marshals and deputies with fees and mile would be impelled with sad and bleeding hearts to abandon it can e. a~Ye . There would be continual conilicts of jmisdiction between the Not that they loved their partyle s, but that they loved their conn -State and Federal-collectors; the tax being as e ed upon the same try more. propert ·)' would necessarily bring th~ two in conflict with each other. But, 1\Ir. Chairman, the Democratic party will never adopt free The Federal Government could cnpple or even destroy the States tmde, nor the policy of sending warms of Feueral tax-gather into by taking from them all revenues for their support. The power to the States to harass and worry the people. Free-trallers will have go into the States and to tax the property from which the States to seek some other 11arty if they expect an adoption of their here y. -vision of the Constitution. I have shown that it is not a measure of debates have been preserved, except a :portion of the con>ention of Connecticut. delay but of expedition. I have shown that a tariff for protection But it cannot be doubted that the sentiment there expressed was common tQ the other States in that quarter, more especially to Connecticut and Rhode Island, the is not unconstitutional. I have shown that Jefferson, Madison, Mon most thickly peo:pled of all the States, and having, of course, their thoughts most roe, and Jackson all advocated a tariff for protection. I have shown turned to the subJect of manufactures. A like inference may be confidently applied that a tariff for 1·evenue only means au adjustment of the duties on to New .Jersey, whose debates in. cbnvention have not been preserved. In the imports o as to discriminate against American labor and industries. populous and manufacturing State of Penns~·Ivania, a partial account only of the debate haviu~ been published, notbino- certam is known of what passed in her con I have shown that a revenue tariff properly discriminating in favor vention on this point. But ample eviaence may be found elsewhere, that re~a of American industries will give adequate and ample protection. I tions of trade for the encouragement of manufactures were considered as Within have shown that all internal bxation ought to be repealed. I have the power to be granted to the new Congress, as well as within the scope of the national policy. Of the States outh of Pennsylvania, the only two in whoso con .shown that an adoption of the policy of free trade and direct taxa ventions the debates have been preserred are Virginia and North Carolina, and tion would destroy the State governments and impoverish the people. from these no ad>erse inferences can be drawn. Nor is there the slightest indica I vote for this measure, l\1r. Chairman, because I am earnestly in tion that either of the two States farthest south, whose debates in convention, if favol' of an early revision of the tariff, and because I believe by the preserved, ha>e not been made public, newed the encouragement of manufactures as not within the general power o.-er trade to be tran ferred to the Goverrunent passage of this bill we will expedite that revision. Mr. Chairman, of the United St.ate . I have presented the views, sentiments, and aspirations of the South, If Congress has not the power it is annihilated for the nation; a ;J?Olicy with Tegenerated by a baptism of blood and refined by the tribulations out example in any other nation, and not within the reason of the solitary one in .and sufferings of a mighty and terrible war. This new South, while our own. The example alluded to is the prohibition of a tax on exports, which re sulted from the apparent impossibility of raising in that mode a. revenue from the making no apolo~ies for the past, joins the great North in maintain States proportioned to the ability t-o pay it-the ability of some being derived in a ing the national .taith and sustaining and building up the material great measure not from their exports but from their fisheries. from their freights. interests of the whole Union. This new, living, progressive South, and from commerce at large; in some its branches altogether external to the forgeUingthe miserable past and buryinS in oblivion forever all sec United States, the profits from all which, bein~ invisible and intangible, woultl escape a tax on eJt..--ports. A tax on imports, on me other hand, being a tax on con -tional prejudices and animosities, joins tne great North in hand and sumption, which 1s in proportion to the ability of the consumers, wheresoever .heart and moves forward shoulder to shoulder with her on the march deri>ed, was free from that inequality. to future greatness and glory. If revenue be the sole object of a legitimate impost, and the encouragement of Mo:xTPELIER, September 18, 1828. domestic articles be not within the power of regulatin~ trade, it would follow that DEAR SIR: Your late letter reminds me of our conversation on the constitution no monopolizing or unequal regulations of foreign natiOns could he counteracted; ..ality of the power in Con~ess to impose a tariff for the encouragement of manu that neither the staple articles of subsistence nor the essential implements fort he factures, and of my proDliSe to sketch the grounds of the confident opinion I had public safety could under any circumstances be insured or fostered at home by -expressed that it was among the powers vested in that body. regulation of commerce, the usual and most con>enient mode of providing for The Constitution vests in Con&;ess expressly "the power to lay and collect both ; and that the .American navigation, thou~h the source of na.-al defense, of taxes, duties, imposts, and excises, • and "the power to regulate trade." a cheapening: competition in carrying our valuaole and bulk---y articles to market, . ' That the former power, if not particularly expressed, would have been in and of an independent carriage of them during: foreign wars, when a foreign navi cluded in the latter as one of the objects of a general power to reJrulate trade, is gation might be withdrawn, must be at once abandoned or speedily destroyed; it not necessarily impu~med by its being so expressed. Examples of this sort cannot being evident that a tonna~e duty in forei~ ports against our •essels and au ex ometimes be ea ily avoided, and are to be seen elsewhere in the Constitution. emption from such a duty m our ports in ta,or of foreign '\"e els, must ha>e the Thus the power to "define and punish offenses altainst the law of nations" in inentable effect ofbanisbing ours from the ocean. cludes the power, afterward particularly expre en, "to make rnles concernino * ... c.aptures, &c., from offending neutrals." So also a power "to coin money" woulii That the encouragement of manufactures was an object of the power to regu doubtless include that of "regulating its value," had not the latter power been late trade is proved by the use made of the power for that object m the first ses ·expre sly inserted. sion of the first Congress under the Constitution, when among the members The term taxes, if standing alone, would certainly have included duties, im present were so many who had been members of the Federal Convention -which _posts, and exci es. In another clause it is said, "no tax or duties shall be laid on framed the Constitution and of the State conventions which ratiftedit, each of the!>e •export , " &c. Here the two terms are used as synonymous ; and in another clause, classe::' co~is.~g also of members who had opposed and who ~ad espoused_ the where it is said, "no State shall lay any impost or duties," &c., the terms imposts Constitution m 1ts actual form. It does not appear from the prmted proceedings and duties are synon~ous. Pleonasms~, tautologies, and the promiscuous use of of Congress on that occasion that the power was denied by any of them. And terms and phrases differing in their shaaes of meaning, (always to be expounded it may be remarked that members from Virginia in particular. as well of the with reference to tbe contract, and under the control of the general character and anti-Federal as the Federal party, the names then distin~ishing· those who had manifest scope of the instrument in which they are found,) are to be ascribed opposed and those who had appro>ed the Constitution, did not hesitate to propose sometimes to the purpose of greater caution, sometimes to the imJ.>erfections of duties and to suggest even prohibitions in favor of several articles of her produc language, and sometimes to the imperfections ofmanhimself. In this view of the tions. By one a duty was proposed on mineral coal in favor of the Virginia coal . ubject it was quite natural, however certainly the general power to regulate pits; by another a duty on hemp was proposed to encourage the p:rowth of that trade might include a power to impose dutie on it, not to omit it in a clause article; and by a third a prohibition even of foreign beefwas sugge tedasamea ure .enumerating the several modes of revenue authorized by the Constitution. of sound policy. In few cases could the •• ex majori cautela" occur with more claim to respect. A further evidence in support of the constitutional power to protect and fo ter Nor can it be infeiTed that a power to regulate trade does not involve a power to manufacture by r~ations of trade, an evidence that ought of itself to settle the tax it, from the di tinction made in the original controversy with Great Britain question, is the uniform and practical sanction given to the power by the ~neral between a power to re!!U.late trade with the colonie and a power to tax them. A Government for nearly forty years, with a concurren<;e or acquiescence of e'\"ery ·power to regulate trad'e between different parts of the empire wa-s confessedly State government throughout the same period, and, it may be added, through all .neces ary; and was admitted to lie, as far as that was the case, in the British the ncissitudes of party which marked the period. No novel construction, how Parliament; the taxing part being at the same time denied to the Parliament and ever inaeniously devi ed, or however reputable or patriotic its patron . can with .asserLetl to be nece saiily inherent in the colonial legislature , as sufficient, and stand llie weight of such authorities or the unbroken current of so prolonged and -the only safe depositories of the taxing power. So diffic.ult was it, nevertheless, universal a pra~tice. And well it is that this cannot be done without the inter to maintain the distinction in practice that the ingredient of revenue was occa >ention of the same authority which made the Constitution. If it could be so done, sionally o>erlooked or di reJtarded in the British re~ations, as in the duty on there would be an end to that stability in government and in laws which is e sen sngar and molasses importea into the colonies. And 1t was fortunate that the at tial to good government and good law , a stability the want of which is the im tempt at an internal and direct tax in the case of the stamp act produced a radical putation which has at all times beenle>eled against republicanism with most --examination of the subject before a. regulation of trade with a view to revenue eft'ect b_y its most dexterous adversaries. · had grown into an established authority. The rmputation ought never, therefore, to be countenanced by innovating con One thing at least is certain that the main and admitted object of the parlia~ structions without any plea of a precipitancy or a paucity of the constructi'e prece mentary regulaticns of hade Wlth1 the colonies wa the encouragement of manu dent they oppose ; without any appeal to material fact newly brought to light; -factures in Great Britain. But the pre ent question is unconnected with the without any claim to a better k--nowledge of the original evils and inconveniences .former relations between Great Britain and her colonies, which were of a peculiar, for which remedies were needed, the very best keys to the true object and mean- .a complicated, and, in several respects, of an undefined character. It is a simple ing of all law and con titutions. , -question under the Constitution of the United ~tates whether "the power to reg- And may it not be left to the unbia edjudgment of all men of experience and. -ulate trade with foreign nations" as a distinct and substanti>e item in the enu- mtelligence to decide which is most to be relied on for a sound and safe test of the merated powers embraces the object of encouraging by duties, restrictions, and meaning of the Constitution, a uniform interpretation by all the successi\e author: prohibitions the manufactures and products of the country 1 And the affirmative ities under it, commencing with its biith and continuing for a long period through must be inferred from the following consideration : the •aried state of political co:a.tests or the opinion of e>ery new Legislature. 1. The meaningofthephrase "to regulatetrade,"mu tbesoughtin the general heatoo as it mal be by the strife of partie , or warped, as often happens, by the :nse of it; in other words, in the objects to which the power was ~enerally under eager pursuit o some favorite object, or carried away, possibly, by the :{>OWerful stood to be applicable when the phrase was inserted in the Constitution. eloquence or captivating addre-s es of a few popular statesmen, themselves per. 2. The power has been understood and used br all commercial and manufactur haps influenced b;y- the same misleadino- canse ~ If the latter test is to prevail, mg nations as embracinp; the object of encouragmg manufactures. It is belie>ed e>ery new legislative opinion might make a new constitution, a the foot of every that not a single exception can be named. new chancellor would make a new standard of measure. 3. 'Ibis has been particularly the case with Great Britain, who e commercial vocabulary is the parent of our own. A primary object of her commercial re!!U Mr. SPRIKGER obtained the floor. lations is well known to have been the protection and encouragement of her m~n· l't!r. KELLEY. Ifthegentlemanfromlllinoi [Mr. SPRIXGER] will uf:wtures. yield, I will move that the committee do now rise. 4. Such was understood to be a proper u e of the power by the States most pre J>ared for manufacturing industry, while retaining the power o>er their foreign 1\Ir. SPRINGER. I will yield for that motion, retaining my right trade. to the floor. Such a. u e of the power by Congress accords with the intention and expecta The CH.A.IRMA.N. That will be understood. tion of the States, in transferring the power o>er trade from thellll!elves to the Mr. KELLEY. I move that the committee now rise. -Government of the United States. That was emphatically theca e in the East- The motion was agreed to. h~d ~etbeo~~n~::~c~ s~:h!':tts ~f the confederacy. Hear the language The committee accordingly ro e, and the Speaker ha.-ing resumed By Mr. DAWES, an advocate for the Constiitution, it wa ob erred: "Our man the chair, Mr. ROBIN os, of Massachusetts, reported that the Com ufactures are another great subject which has recei>ed no encouragement by na tiona.l duties on foreign manufactures, and they ne>er can by any authority in the mittee of the Whole House on the tate of the Union had had lmder .old confederation." consideration the bill (H. R. No. 2315) providing for the appointment Again: •• If we wish to encourage our own manufacture , to pre er>e our own of a commission to examine the question of the tariff and the internal f::m::SIJ:~~? rai e the >alue of our own lands, we mu t give Congress the power re•enue laws, and had come to no re olution thereon . •:aY Mr._ Widgery, an opponent: '.'All we hear is that the merchant and farmer HE~~IETTA H. COLE. will :flounM.. and that the mechanic and tradesman are to make their fortunes .directly if the Constitution goes down." Mr. ROBINSOK, of New York1 by unanimous consent, introduced The convention of Massachusetts was the only one in New England whose a bill (H. R. No. 6081) for the relief of Henrietta H. Cole; which was 3532 CONGRESSIO~AL RECORD- SENATE. read a fir t and second time, referred to the Committee on Patent , PETITIOXS, ETC. and ordered to be printe~. The following petition and other papers were laid on the Clerk's ROSJO.~A CA."\IPBELL. de k, under the rule, and referred, as follows : ::\Ir. ROBINSON, of New York, al o,.by unanimous consent, intro.:: By )lr. BEL~IONT : The petition of Owen E . \Yood and 832 oth duced a bill (H. R. No. 6082) granting a pension to Rosanna Camp ers, for an appropriation for deepening the harbor of Port J efferson bell; which was read a fir t and second time, referred to the Com Long I land, New York- to the Committee on Corumerce. r mittee on Invalid Pension, and ordered to be printed. By )Jr. BELTZHOOVER: The petitionofcitizens of York, Penn ylvania, asking Congres to make liberal appropriations for the CHD.J:: E ..llL\IIGR.A.TIOX. promotion of popular education- to the Committee on ·Education :Ur. PAGE. I a k unanimous consent to take from the Speaker's and Labor. table the bill (H. R. No. 5804) to execute certain treaty stipulations By ::\1r. BOW~lli~: The petition of 400 citizen of ~la.s achu etts, relating to Chine c, returned from the Senate with sundry amend for the pa sage of a uill providing that appointments to subordi ments, for the purpo e of concurring in the amendments of the Sen nate executive offices, with uch exception a may be expedient~ ate. While I do not desire to take advantage of a thin House, yet I shall b~ ~ade fi.·ot;n J)~r ons whose fitnes . has been a ce1·tained by think this bill is one of such importance that no gentlema.n can object. competiti>e exammatwn open to all applicants, properly qualified,. There was no objection, and the bill, with the Senate amendment, and that removals from uch offices shall ue made for legitimats was taken from the Speaker's table. cau e ~n_ly, sucl_l ~ dishone ty, negligence, or inefficiency, and not The SPEAKER. I the reading of the amendments called for 7 for political opmwn or for refusal to render party ervice- to the :Mr. PAGE. They have already been read, and they have been select Committee on Reform in the Civil Service. printed in the RECORD. I mo>e that the amendments be concurred in. By Mr. BREWER: The petition of Mary E. Doane and other for The motion wa agreed to. the pa age of the French poliation claim bill- to the Committee lli. PAGE moved to reconsider the >ote by which the Senate on Foreign Affairs. amendment were concurred in; and al o mo>ed that the motion to By ~Ir. J. H. BURROWS: The petition of F. P. Hall and others.. reconsider be laid on the table. citizens of Knox County, :Missouri, for the restoration of fractional The latter motion was agreed to. currency-to the Committee on Coinage, Wei"'hts, and Measures. ORDER OF BUSTh"ESS. By ~Ir . S. S. COX: The petition of Jame Glea on, for compensa )Ir. KELLEY. I mo>e that the Honse now adjourn. tion for commutation of ration , &c., when a prisoner at Anderson lli. HOLMAN. I expect to be absent from the House next .Mon ville- to the Committee on War Claims. day, and I ask lea\e to introduce a bill for reference. By )lr. W. R. COX: The petition of the Cotton and Grocers' Ex )Ir. KELLEY. I will yield for that purpose. change of Raleigh, North Carolina, for the repeal of the tax on bank -to the Committee on Ways and ~lean . . . JA..'\IES A. RODMA..~. :Ur. HOLMAN, by unanimous consent, introduced a bill (H. R. No. By ~Ir . HOGE: The petition of Robert E. Guthrie and others, cit izens of Springfield, West Vir~inia, for an appropriation for educa 6083) for the relief of James A. Rodman; which wa read a first and tional purpose -to the Committee on Education and Labor. econd time, referred to the Committee on Invalid Pension , and By Mr. MANNING: The petition of R. 0 . Prewitt, W . A. Boyd, ordered to ue printed. and 100 others of Tippah County, and of E. D. ).Jartin and 150 others~ E.:\!Al\'1JEL E. DOW~HIA.'\I JO."D HE~"RY STRAUSS. citizens of :Mar hall County, ~fississippi, for an appropriation to be ::\Ir. BARBOUR, uy unanimous consent, introduced a bill (H. R. distributed to common schools of the several State and Territories No. 6084) for the relief of Emanuel E. Downham and Henry Strauss; on the uasis of illiteracy-severally to the same committee. which was read a fir t and econcl time, referred to the Committee By ::\Ir. PETTIBONE: The petition of l\Irs. Lucinda Welsh, for on Ways and )lean , and ordered to be pr:inted. relief-to the Committee on War Claims. lli. I RAELITES ~ RU SIA. By ROSECRANS : The resolutions of the Chamber of Com merce of San Francisco, California, repre enting the necessity for the The SPEAKER laicl before the Hou e the following message from erection of a fog-whistle at Fort Point, in the harbor at that place the President of the United States; which was referred to the Com to the Colilmittee on Commerce. mittee on Foreign Affair , and ordered to be printed: Also, the re olution of the San Franci co Chamber of Commerce~ To the House of Re-presentatives: recommending a suitable appropriation for the Hydrographic Office, In answer to a resolution oftheHouseof Repre entatives of the 30th of January Bureau of Navio-ation- to the Committee on Naval Affairs. 1 t, calling for corre pondence t'especting the condition of Israelites in Russia, I transmit herewith a report from the Secretary of State and its a-ecompan~ing By lir. SCALES : The petition of citizens of Davidson County, papers. CHESTER A. ARTHUR. Korth Carolina, for an appropriation for educational purposes-to the ExECUTIVE MA~siO~, Washington, May 2, 1882. Committee on Education and Labor. L~TERIOR DEPART.ME~T B ILDIXG. By Mr. J . T. UPDEGRAFF: The petition of William .M. Potter The SPEAKER also laid before the House the following mes age and 26 others, citizens of Cincinnati, Ohio, in favor of Government from the President of the United States; which was referred to the aid to education in Ala ka- to the same committee. · · Committee on .Appropriation , and ordered to ue printed: AI o, the petition of Rev. E. J. Gantz and 123 others, citizens or Barnesville, Ohio, in favor of aid by the Go>ernment for the educa To the Senate and Hottse of Representatives: I transmit herewith for the consideration of Congre sa letter from the Secretary tion of freedmen in the South- to the same committee. of the Interior, in which he reque ts that an appropriation of $108,000 be made fox By Mr. WHEELER: The petition of W. W. Phillips and others, constructing a fire-proof roof o>er the south and east win~s of the buildin.JU>CCU· citizens of Lime tone County, Alabama, praying Congress to donate· pied by the Interior Department. CHE;::,TER .A. • .ARTHuR. money for the education of freedmen and other illiterate persons EXECCTIYE :M:fiSIOX, Washington, May 2, 1882. to the same committee. PRO FE ORS OF :.UATHE)IATIC IX THE NAVY. By .Mr. YOUNG: The petition ofF. Blackman, ofWhitehall, New The SPEAKER al o laid before the Hou e a letter from the Secre York, for the passage of pending bill taxing the adulterant known. tary of the Navy, in response to a resolution of the House of April18, as gluco e-to the Committee on Ways and )leans. 188"~, relative to the examination and appointment of profes ors of mathematics in the Navy since January 20,1881; which was referred to the Committee on Naval Affairs, and ordered to be printed. REFOR:.U SCHOOL 01<' THE DISTRICT OF COLU:llBIA. SENATE. The SPEAKER also laid before the House a letter from the com missioners of the District of Columbia, transmit.ting a communica WEDNES?AY, May 3, 1882. tion from ih.e secretary of the board of trustees of the Reform School of the District of Columbia, giving estimates of the cost of perma Prayer by the Chaplain, Rev. J. J. BcLLOCK, D. D. nent improvements required at the school to increase its efficiency 1 The Journal of yesterday's proceedings was read and approved. which was referred to the Committee on Appropriations, and ordered EXECUTIVE CO:\L\IL~'ICATION. to be printed. The PRESIDENT pro tempore laid before the Senate the followin~r XATIOXAL CE.llETERY, 11.""EW ALBJO.""Y, I~"DIAXA. message from the Pre ident of the United States; which was referrecr The SPEAKER al o laid before the Hou e a letter from the Secre to the Committee on Foreign Relations, and ordered to ue printed: tary of \Var, transmitting, in response to the reselution of the House To the Se-nate of tli.e United States : of April27, ltl8'2, copie of all correspondence and papers on file in I transmit herewith, in response to the resolution of the enate of the 18th. the War Department relative to the construction of a road from the ultimo, a report of the Secretary of St.ate, with copies of certain diplomatic cor limits ofthe city of New Albany! Indiana, to the national cemetery re pondence with Spain in 1876, called for by that reC~~ER A. ARTHUR. near that place; which was referred to the Committee on Military Affairs, and ordered to be printed. EXECUTIVE M.A.xSIO~, Washington, May 2, 1882. LEAVE OF ABSEXCE. PETITIO.~s JO."D liEMORIAL • By unanimous consent, lea.ve of ab ence was granted to .Mr. TuR- )lr. ALLISONpresented a petition ofcitizensofWe t Union, Iowa, 1nm, of North Carolina, for ten days. praying for an appropriation providin~ for the education of the native Mr. KELLEY. I now renew my motion, that the House adjourn. people of Alaska; which was referrea. to the Committee on Educa The motion was agreed to; and accordingly (at five o'clock and tion and Labor. thirty minutes p.m.) the Hou e adjourned. )lr. .JONAS presented a petition of citizens of Loui iana, praying pardon for saying, of the Insh post-office is an Englishman, the collector of excise is a. Scotchman, such an absured can e as the cheap goods of England. Extrava the head of the revenue police is an Englishman, the second in command is a gance, immorality, ruinous and unlawful taxation, conspiracies, re Scotchman, the persons employ~ in the collection of customs, &c., are English or })ellions, a sassinations, and the enervating tendencies of Moham Scotch in the proportion of thirty-five to one." Thus, you see, that while the medanism, the e were the inside influences. Wars with Rus ia and Irish belong to Ireland, ll·eland does not belong to the T~·ish. A.u tria and other European powers-these were the outside causes This was first-class carpet-baggery. "When the stran0 er rules, that combined finally to make Turkey the Sick Man of Europe. Now, the people mourn." ifHenryC.Careyteachesthat cheap goods wrought the ruin of Turkey, I read from another Irishman, discussing the causes of the Iri h then no wonder, as the gentleman states, that his works have no· famine. Henry Giles, one of the mo t eloquent of the sons of that place in the schools of A.m~rica. unhappy isle, says, in 1848 : But perhaps the argument mo t relied on in this paper is, that The landlords are the owners of the soil, who expend no capital and who take Great Britain seeks to subjugate-by diplomacy and cheap goods na even more than the profit. The land cannot support these ~o classes as at pres tions it cannot subdue by arms. This was one of the most powerful ent related. The landlord must have state and luxury, not expending time or arguments used in the la-st Presidental campai~. I have been told labor or money, though the tenant, spending time and labor and money,~ has not by a gentleman from Illinois, who witnes ed 1t himself, that clubs subsistence. The best of the produce, animal and vegetable, is exporteu- of farmers, who, the statistics show, were payina- 40 per cent. tariff Exported, mark you, because the landlord is an absentee- imposition on the very clothing they wore, actu~ly can-ied banners to meet the landlord's demands; the worst is retained to supply the cultivator's bearing the inscription, "No free-trade for us." The argument was. wants. The cultivator must pay or quit. He sells his wheat1 bl.s oats, his stock that British gold was being used to force on them cheap goods, and to pay. He reserves the.petato on which to exist. The potaro fails; the cultiva they did not propo e to submit to the indignity. The Western tor becomes a pauper or a. corpse. Farmer of America, a . pamphlet written by A.ugnstus Mongredieu, Judge KELLEY says, on page 12 of his pamphlet, speaking of the rea- a member of the Cobden Club, was being circulated among them to. 1882. CONGRESSIONAL RECORD- HOUSE. 3523 convince them thattheywere paying too high for their goods. This Mr. FELTO~. We did not make any arrangement to close the Vulcan Works at Saint Louis at all. The Vulcan WorkS were bankrupt, I suppose, when they could was said to be done by British gold to further British cupidity. not raise money to pay their men. When they see this tract of Judge KELLEY's circulated among them, The CHAIRliAX. Do you intimate that Commodore Garrison was bankrupt~ paid for by American gold to convince them that they should per Mr. FELTO:s. X o, sir; I peak of the corporation, and not of the individuals com- petuate a system that ;;uy compel them forever to pay high prices, posing it. • The CHA..IRllA...~. It has been alleged here that the works have been stopped what will they say' lHr. Chairman, that much maligned Cobden through the operation of existing mills J Club was formed to perpetuate the memory of Richard Cobden, who Mr. FELTO:S. Not at all. by the repeal of tht) corn-laws of England gave the right to our The CHA~. State what you know on the subject. 'Ve tern farmers to carry their corn and their wheat free of duty Mr. FELTON. I only know that the Vulcan Works got into financial difficulty; into England. It is a noble institution. Its motto is "Free-trade, were not able to pay their debts and were obliged m st()p in consequence. peace,- good-will among nation ." It numbers among its honorary It appear here that Dr. Felton knew very little about "the sub members many of the ablest, the broadest-minded, the most philan ject." But ~Ir. CARLISLE renewed it. It will be noticed that he put thropic and far-sighted men of America, belonging to both the great his questions in a very searching manner, and then Dr. }"'elton did political parties. I hold the list in my hand. I need only cite such know something ~bout the subject. I read from pages 59 and 60: names as Charles Francis Adams, George Bancroft,1 S. S. Cox, Charles Mr. CARLISLE. I nnO.erstood yon to say in reply to a question put by the chair Nordhoff, Theodore Woolsey, \Villiam Lloyd Garnson, Carl Schurz, man that the association of which you are president has not furnished any and James A. Garfield. moneys to compensate the Vulcan Iron Works at Saint Louis for remaining idle! Judge KELLEY argued, and I state it as fairly as he can de ire, that Mr. FELTO~. No, sir ; the association as such has not. Mr. CARLISLE. Do yon know anythin~ as to whether the other mill·owners British manufacturers frequently sell their goods below cost in order have furnished anytbina for that purpose'! to break down rival factories. That manufacturers in their greed Mr.FELTO~. I Will ttfuyon thewholetrutb about that. The Vulcan Works, as I for money do have a natural desire to shut out competition I am said, stopped in consequence of their inability from the profits of their work to in pay their men and to pay their honest debts. While they were in that condition bound, as a believer the political economy and in the ordinary some of the other steel manufacturers took np the question in a pure business motives that govern mankind, to admit. But, reasoning from the point of view, and a!ITeed to pay a certain sum to the Vulcan Works to enable same postulate that mannfa.cturers are governed by motives of self them to tide over ite then hard times. They were under mortgage of a million interest, which the gentleman from Pennsylvania calls an assump dollars, the interest of which was about seventy thousand dollars a year, and they I would have been sold out and sacrificed, and the property scatt~roo to the four tion, am bound also to conclude that they would not cuttheirown winds of heaven, the same as the Freedom Works in Pennsylvania were, if it had throats to kill off their rivals. I have known a merchant in a town not been that other persons who were engaged in the same business came to their of 2,500 inhabitants to attempt to kill off his rivals by selling goods relief and paid them about seventy thousand dollars a year, by which the Vulcan for a season at a loss. · Works paid the interest on their debt, saved their property, and were ready when the demand should be ~eater than the supply to start afresh. · The result was when the season closed the consumers had enjoyed Mr. CARLISLE. Was It or was it not a part of that agreement that the Vulcan cheap goods; the merchant had lost money, and stillhadhisrivals; Works should not operate within those years that they were being paid $70,0001 so that he did not try it again. But I never heard of such an attempt Mr. FELTON. They were to operate whenever the time came that the demand for being made in a large city ; ancl I think that the argument certainly steel rails was equal to the supply, (including the supply of the Vulcan Works,) and ther were notified that they would receiYe this money no longer. is n9t entitled to much weight that in the present condition of our Mr. CA R:CISLE. That is, these other mill-owners have the right to notify the ' indu tries, if we bring down our tariff and admit British goods for Vulcan Works that they may resume operation¥ le duty than we do nuw, Briti h manufacturers could aftord so to Mr. FELTON. Yes; and they have been notified. cut down their prices for this country, when they are in competition Mr. CARLISLE. Was it not a part of the understanding that the other mill-owners should have a rigllt to notify them 7 with all the world, as to break down our industriclil. Mr. FELTON. I do not know that there was anypa.rticular understanding about )lr. Chairman, the advocates of protection will say to me that if we it, but that was done. reduce the tariff the rising industries of the South, just beginning to me~~ CARLISLE. How long were the Vulcan Works closed under that arrange- .tlouri h, will be stricken down. This ar~ument, together with the ·tatement that British manufacturers will flood the country with Yr. FELTo:s. Something over a year. cheap goods, is leveled at all Southern and all ·western Representa Thus these Bessemer steel companies were payinoo the Vulcan tb·e to frighten them into sustaining a high tariff on their farming Works $70,000 a year to keep their mill idle and theirfaborers out of constituents, in order to build up manufactures in the South and employment. We t. Whence comes this new-L>orn zeal for the industries of the Now, sir, what became of these laborers-these people the gentle \Ve t and the South 7 And would gentlemen have us believe that man from Pennsylvania is so anxious to protect, and who probably the per ons engaged in these favored industries, when they express with their wives and little ones numbered at least 2,000 Y By these o much solicitude that we should engage in these same industries, monopolists and capitalists who are protected by patents and a high are go"Verned solely by motives of patriotism and brotherly affec tariff they were turned adrift, thrown out of employinent to starve tion 1 I am glad to admit, ~Ir. Chairman, that there is much kind or beg employment elsewhere, and I have never yet heard the gen feeling between the North and the South. I wish there was even tleman from Pennsylvania. rise here and .denounce them as unjust. more of it. But, sir, human nature is the same everywhere. :Man Mr. KELLEY. I do not think that :Mr. S. M. Felton, not Dr. ufacturers in America consult their own interests just as manufact- Felton, admitted that any payments had been made for the purpose urers in England do. . of closing the Vulcan Works. They were in a bankrupt condition; If British manufacturers, because they have capital and are estab and the company paid what would prevent their sale, until by a re lished, could afford to sell goods at a loss for such a length· of time vival of trade the property should become valuable again. This is as would be necessary to break down American industries, and if it the same concern that the gentleman from Minnesota referred to could. be· proved to me that they would do it, I should be very much when he said the other day he had been informed by a Saint Louis afraid, as a .friend of the rising industries of the South, to put up manufacturer of Bessemer ra.ils that rails could be profitably manu uch a tariff as would permanently shut out all foreign competition, factured under a duty of 14 per ton. because, sir, I should fear that the old esta,blished manufactories of Mr. HEWITT, of New York. The bargain was that they were to America, when this country was permanently fenced in by a fixed high pay a certain number of dollars per ton as long as they made no steel tariff, would combine and break down all the weaker factories in rails. order that they might have the whole field to themselves. With the l\Ir. HERBERT. And it is admitted here that the Vulcan Works moderate taxation neces ary to raise revenue, judiciously distributed, could not go to work so long as t.he $70,000 a year wa-s paid and we would secure such protection and such fair competition as would until notified that they might go on with wo1·k. be at once an element of strength to our rising industries in the Mr. KELLEY. Not go on manufacturing at a loss until the whole South and a safeguard against combinations of the strong to break property should be swamped. down the weak. :Mr. HERBERT. The gentleman cannot get ont of it in that way. ).lr. Chairman, free competition always lessens the danger of com Why should this company, if the manufacture was unprofitable, be binations. When prohibitory and restrictive laws give to great es paid for remaining idle 7 If the manufacture of Bessemer steel was tabli hments large profits, then they have the margin on which to a losing business, is it reasonable to suppose that these companies ureak down their rivals-either to buy them out or crush them. And would squander 70,000 a year to prevent its manufacture Y ju t he1·e, sir, I wish to prove that the very as ociation which pays :Mr. KELLEY. Bessemer rails could be bought within $40 a ton, its money to print this pamphlet I am answering has itself, as the and there was no market at that time for either domestic or imported agent of the Bessemer steel companies, been guilty of the very crime rails. for which it arraigns British manufacturers; and I shall prove this, Mr. HERBERT. It is very strange, then, that they should have not by hearsay, but out of the unwilling mouth of Hs own witness. paid 70,000 for stopping a branch of manufacture in which there It is well known that these steel makers have been making immense was no money at be t. profits. Protected from British competition by the high tariff they lli. KELLEY. Whyz the gentlemanfromNewYorksaidtheother made somethin~ like 70 per cent. profit last year. When the profits day that for six successiVe years he had sunk $100,000 a year in his they were makrng were not as large as they de ired they actually concern. Better to do that than let valuable property go to decay. paid the Vul'can Works not to mlllnUfacture steel. Bnt he said that in a. single year afterward he had recouped all of 1 read from a printed report ofhearings before the Ways and Means his losses, as he hoped the B~ssemer steel companies are doing. CCimmittee in February, 1880. Dr. Felton, president of the associa · :Mr. HEWITT, of New York. They have done it. tion, was on the stand. Hon. Fernando Wood was chairman of the Mr. HERBERT. But here are Bessemer steel cQmpanies sinking committee: $70,000 per annum in order to prevent another company from manu 1 facturing at a loss. Is not that remarkable Y [Mr. KELLEY rose.] m~~~~~fu~~y!}~;n !~!n ~"o~k~a~n ·~fn~el~:fs fssociation made an arrange· Now, I cannot yield any further. I have but afewmomentsremaining. 3524 CONGRESSIONAL RECORD-HOUSE. MAY 2,