1484 CONGRESSIONAL RECORD-SENATE. FE.BRUARY 5,

Also, petition of citizens of Owego, N. Y., for legislation relat­ REPORTS OF SERGE.ANT-AT-ARMS. ing to dairy or food products-to the Committee on Interstate and The PRESIDENT pro tempore laid before the Senate a commu­ Foreign Commerce. nication from R. J. Bright, the late Sergeant-at-Arms of the Sen­ Also, paper to accompany House bill for the relief of David P. ate, submitting statements of receipts from sale of condemned Stewart-to the Committee on Invalid Pensions. property made in compliance with law; which was ordered to lie By Mr. ROBINSON of Indiana: Lettel' of W. C. Brown, of on the table and to be printed. Winchester, Ind., in favor of the passage of House bill No. 4478, He also laid before the Senate a communication from R. J. to adjust the pensions of those who have lost limbs, etc.-to the Bright, th~ late Sergeant-at-Arms, transmitting a full and com­ Committee on Invalid Pensions. plete account of all property in his possession January 31, 1900, By Mr. SULZER: Resolutions of the National Board of Trade, belonging to the United States; which was ordered to lie on the in favor of the laying of competing cable lines to Cuba-to the table and to be printed. Committee on Insular Affairs. MILITIA FORCE OF THE UNITED ST.A.TES, By Mr. THROPP: Papers to accompany House bill granting a pension to Theodore Bach--totheCommittee on Invalid Pensions. The PRESIDENT pro tempore laid before the Senate a commu­ Also, petition of Charles· Griffith and other druggists of Johns­ nication from the Secretary of War, transmitting, pursuant to town, Pa., for the repeal of the stamp tax on medicines, perfum­ law, an abstract of the militia force of the United States, accord­ ery, and cosmetics-to the Committee on Ways and Means. ing to the latest returns received at the Office of the Adjutant­ General of the Army, for the year 1899; which, with the accompa­ nying paper, was referred to the Committee on Military Affairs, SENATE. and ordered to be printed. MESSAGE FROM THE HOUSE. MONDAY, February 5, 1900. A message from the House of Representatives, by Mr. W. J. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. BROWNING, its Chief Clerk, communicated to the Senate the reso­ The Secretary proceeded to read the Journal of the proceedings lutions of the House adopted as a tribute to the memory of Hon. of Friday last, when, on motion of Mr. GALLINGER, and by unani­ DANIEL ERMEJ.~TROUT, late a member of the House of Representa­ mous consent, the further reading was dispensed with. tives from the State of Pennsylvania. The PRESIDENT pro tempore. The J ournaJ, without objec­ The message also announced that the House had passed with . tion, will stand approved. an amendment the bill (S. 734) relating to Cuban vessels; in WAR-REVENUE EXPENDITURES. which it requested the concurrence of the Senate. The PRESIDENT pro tempore laid before the Senate a com­ The message further announced that the House had passed the . munication from the Secretary of War, transmitting, in response following bills; in whi~h it requested the concurrence of the to a resolution of the 8th ultimo, a consolidated statement show­ Senate: · . ing the net amounts allotted by the President to the Secretary of A bill (H. R. 284) granting permission and authority to the War and the several bureaus of the War Department, the net Orleans levee board to move, without cost to the United States, sums withdrawn from the Treasury by each, and the unexpended the existing line of levee in front of the marine-hospital property balance remaining to the credit of the War Department and its in New Orleans, La.; bureaus in the Treasury, together with the statement in detail of A bill (H. R. 4473) to authorize the Natchitoches Railway and the bureau and office responsible for the disbursements, showing Construction Company to build and maintain a railway and traf­ the objects for which the expenditures were made, etc.; which, fic bridge across Red River, at Grand Ecore, in the parish of with the accompanying papers, was referred to the Committee on Natchitoches, State of Louisiana; Military Affairs, and ordered to be printed. A bill (H. R. 5487) authorizing the construction by the Texar­ HENRY W. LEE. kana, Shreveport and Natchez Railway Company of a bridge across Twelve-mile Bayou, near Shreveport, La.; The PRESIDENT pro tempore laid before the Senate a commu­ A bill (H. R. 7433) making appropriations·for the current and nication from the Secretary of the Interior, transmitting, in re­ cantingent expenses of the Indian Department and for fulfilling sponse to a resolution of the 9th ultimo, certain information rela­ treaty stipulations with various Indian tribes for the fiscal year tive to the action taken by him under the act of August 23, 1894 ending June 30, 1901, and for other purposes; and (28 Statutes, 1013), for the relief of Henry W. Lee, together with A bill (H. R. 7660) granting additional right of way to-the Al­ copies of papers in the case; which, with the accompanying papers, legheny Valley Railway Company through the arsenal grounds · was referred to the Committee on Indian Affairs, and ordered to be printed. at Pittsburg, Pa. C

Mr. PERKINS presented a petition of the Board of Trade of remonstrating against the passage of Senate bill No. 1020, for the Oakland, Cal., praying for the construction and control by the consolidation of third and fourth class mail matter and for the Government of the Nicaragua Canal; which was ordered to lie on establishment of a parcels post with free · collection and delivery the table. in country and city, with indemnity in case of loss or damage; He also presented a petition of sundry letter can-iers of Stock­ which was referred to the Committee on Post-Offices and Post­ ton. Cal., praying for the enactment of legislation fixing the pay Roads. of letter carriers; which was referred to the Committee on Post­ He also presented a resolution adopted at a meeting of eundry Offices and Post-Roads. pro-Boer citizens of St. Louis, Mo., relative to the struggle of the He also presented a petition of sundry citizens of Oakland, Cal., people of the South African Republic; which was referred to the praying for the adoption of an amendment to the Chinese restric­ Committee on Foreign Relations. tion law, allowing the wives of all Chinese Christians to come into Mr. JONES of Arkansas. I present a petition in behalf of the this country; which was referred to the Committee on Foreign Choctaw Nation of Indians, praying that the Indian appropriation Relations. bill be amended so as to pay the Choctaws and Chickasaws the Mr. CULLOM presented a memorial of the Federation of Labor full value of the Kiowa, Comanche, and Apache Reservation. I of Chicago, Ill., remonstrating against the cession ·of public lands move that the petition be printed and referred to the Committee to the several States; which was referred to the Committee on on Indian Affairs. Public Lands. 1 The motion was agreed to. He also presented a petition of the Retail Druggists' Associa­ Mr. JONES of Arkansas. There is in connection with the same tion of Chicago, Ill., praying for the repeal of the stamp tax upon case a brief by counsel of the Chickasaw and Choctaw nations ob­ proprietary medicines, perfumeries, and cosmetics; which was jecting to certain proposed legislation which goes befom the Com­ referred to the Committee on Finance. mittee on Indian Affairs, and I ask that the brief may be printed He also presented a memorial of Garden City Branch, No. 11, as a document for the use of the Committee on Indian Affairs. National Association of Lake Carriers, of Chicago, Ill., remon­ The PRESIDENT pro tempore. Is there objection? The Chair strating against any alteration being made in the eight-hotlr law; hears none, and it is so ordered. which was referred to the Committee on Education and Labor. Mr. FRYE presented a petition of the Board of Trade of Port­ He also presented a petition of the Board of Education of Chi­ land, Me., praying that an appropriation be made for the con­ cago, Ill., praying for the adoption of an amendment to the census struction of a United States court building at that city; which law which will include all the deaf, dumb, and blind in the coun­ was referred to the Committee on Public Buildings and Grounds. try in the census returns for 1900; which was referred to the Com- He also presented a. petition of the National Marine Engineers' mittee on the Census. · Beneficial Association of the United States, praying for the enact­ He also presented a petition of the Board of Trade of Cairo, ID., ment of legislation granting subsidies to American ships in the praying for the passage of a river and harbor appropriation bill at foreign trade; which was referred to the Committee on Com­ the present session of Congress; which was referred to the Com- merce. mittee on Commerce. · He also presented the petition of Filomino Sanchez, a citizen of He also presented the memorial of Joseph Petersberger and 43 Mexico, praying that indemnity be granted him for losses sus­ other citizens of Dixon, Ill., remonstrating against the passage of . tained by depredations committed by the Navajo lndians; which Senate bill No. 1020, for the consolidation of third and fourth was referred to the Committee on Indian Depredations. class mail matter and for the establishment of a parcels post with REPORTS OF COMMITTEES. free collection and delivery in country and city, with indemnity in case of loss or damage; which was referred to the Committee on Mr. McMILLAN, from the Committee on Commerce, to whom Post-Offices and Post-Roads. was referred the bill (S. 601) to amend the laws relating to ob­ He also presented a petition of the Lake Carriers' Association structions to navigation and for the protection of life and property of Detroit, Mich., praying for the enactment of legislation pro­ from dangerous practices, reported adversely thereon; and the bill viding for the reorganization of the Weather Bureau; which was was postponed indefinitely. referred to the Committee on Appropriations. He also, from the same committee, to whom the subject was re­ He also presented a petition of the Manufacturers' Club of ferred, submit~ed a.report, accompanied by a ~iil (S. 2926) to prevent Philadelphia, Pa., praying that an appropriation be made to con­ dangers to navigation from rafts an the Pacific Ocean; which was tinue the work of the Philadelphia Commercial Museum; which read twice by its title. . was referred to the Committee on Commerce. He also, from the Committee on Naval Affairs, to whom was Mr. McENE.RY presented a petition of the New Orleans com­ referred the bill (S. 1671) for the relief of Mrs. Louisa Mitchell mercial, railroad, steamship, and steamboat interests, and of the Smith, submitted an adverse :report thereon; which was agreed commercial, railroad, and other interests in the States of the Missis­ to, and the bill was postponed indefinitely. sippi, Missouri, and Ohio valleys, and of the conventions held in He also, from the Committee on the District of Columbia to Wichita, Kans., Peoria, Ill., Louisville, Ky., Memphis, Tenn., whom ~as referred the bill (S. 1873) to provide for the purchase and Washington, D. C., praying for the deepening of Southwest of certam property for school purposes, reported it without amend­ Pass, at the mouth of the Mississippi River, and for thetontinued ment, and submitted a report thereon. maintenance of the South Pass until it shall be open; which was Mr. BERRY, from the Committee on Public Lands, to whom referred to the Committee on Commerce, to accompany the bill was referred the bill (H. R. 6073) to amend section 4 of the act of (S. 595) for the construction of a wide, deep channel from deep Congress approved June 16, 1880, granting to the city of Hot water of the Mississippi River to deep water of the Gulf of Springs, ~k. ! certain lands as a city park, and for other purposes, Mexico, by way of Southwest Pass. · reported it without amendment, and submitted a report thereon. Mr. THURSTON presented a petition of sundry railway mail Mr. GALLINGER, from the Committee on Pensions, to whom clerks of Hastings, Nebr., praying for the enactment of legislation was referred the bill (S. 509) for the relief of Elizabeth Dicker­ to provide for the classification of clerks in first and second class hoff, widow of Louis Dickerhoff, deceased, of Company A Cape post-offices; which was referred to the Committee on Post-Offices Girardeau (Mo.) Home Guards, submitted an adverse ~eport and Post-Roads. thereon; which was agreed to, and the bill was postponed indefi­ · Mr. SPOONER presented a memorial of sundry citizens of nitely. Waterloo, Wis., remonstrating against the passage of the so-called He also, from the same committee, to whom was referred the free-package-delivery bill; which was referred to the Committee bill (S. 2622) granting a pension to Maria Thompson reported it on Post-Offices and Post-Roads. with amendments, and submitted a report thereon. ' Mr. CLARK of Montana presented a memorial of the Wool . Mr. GALLINGER. I am directed by the Committee on Pen­ Gro.wers' Asso.ciati?n of Fergus County, Mont., remonstrating ~ions, to whom was refeITed ~he bill (S. 853) granting a pension agamst the ratification of any ti·eaty whereby the duties on wool to Jane E. Augur, to report it adversely and to recommend its or the manufactures thereof will be affected; which was referred .indefinite.postponement, a similar bill, introduced by another Sen- to the Committee on Finance. ator, havmg been favorably reported from the committee. · ~~ also presented a memorial of the State Board of Sheep Com­ The PRESIDENT pro tempore. The bill will be indefinitely mis&oners of Montana, remonstrating against the ratification of postponed, in the absence of objection. a reciprocity treaty with the Argentine Republic, allowing a re­ Mr. PROCTOR, from the Committee on the District of Colum­ duction of 2 per cent of the duty imposed upon wool bythe act of bia, to whom was referred the bill (S. 1996) revoking and annul­ 1897; which was referred to the Committee on Finance. li?-g the subdiv?-sio~ of Pencote Heights, in the District of Colum­ Mr. MASON presented sundry petitions of railway mail clerks bia, reported it without amendment, and submitted a report of Maywood and Chicago, in the State of llinois, praying for the thereon . enactment of legislation to proYide for the classification of clerks . Mr. WARREN, from the Committee on Claims, to whom was in first and second class post-offices; which were referred to the !efe~Ted the bill (S. 1981) for the relief of Abram G. Hoyt, reported Committee on Post-Offices and Post-Roads. it without amendment, and submitted a report thereon. He also presented a memorial of sundry citizens of Dixon, Ill., Mr. SROUP, from the Committee on Pensions, to whom was 1486 CONGRESSIONAL RECORD-SENATE. FEBRUARY 5, referred the bill (S. 345) granting a pension to Catherine L. Nixon, COURTS IN TEXAS. reported it with an amendment, and submitted a. report thereon. Mr. CHILTON. From the Committee on the Judiciary I report Mr. BAKER, from the Committee on the District of Columbia, back with amendments the bill (H. R. 5076) to amend the first to whom was referred the bill (S. 2399) to amend section 2 of an section of an act to change the time and places for the district and act entitled "An act to incorporate the convention of the Protes­ circuit courts of the northern district of Texas, approved June 11, tant Episcopa.l Church of the diocese of Washington," reported it 1896. As it is a formal matte1· entirely, I ask that the bill be put without amendment, and submitted a report thereon. upon its passage. He also, from the same committee, to whom was referred the There being no objection, the Senate, as in Committee of the bill (8. 851) to redeem certain outstanding certificates of the Whole, proceeded to consider the bill. board of audit of the District of Columbia, reported it with an The amendments were, in line 6, to strike out the words "as to amendment, and submitted a report thereon. read as follows" and insert the words ''to provide;" and in line 9, .Mr. PRITCHARD, from the Committee on the District of Co­ after the word "Texas," to strike out the words "shall be com­ lumbia, to whom was referred the bill (S. 122) to amend the act posed of the counties hereinafter named, and the terms of the said entitled "An act to amend the criminal laws of the District of Co­ courts;" so as to make the bill read: lumbia," approved July 8, 1898, reported it with an amendment, Be it enacted, etc., That the first section of an act to change the time and places for the district and circuit courts of the northeru district of Texas, and submitted a report thereon. a.pP.roved June 11, 1800, be, and the same is so amended t.o provide: Mr. ELKINS. I am directed by the Committee on the Geolog­ ' That the United States district and circuit1 courts for the northern dis­ ical Survey, to whom were referred sundry petitions praying that trict of Texas shall be held in each year at the time and :places as follows: At Dallas, in the county of Dallas, on the third Monday m January and the an appropriation be made to prevent the discontinuance of the fourth Monday in May; at Fort Worth, in the county of Tarrant, on the first hydrographic work of that Survey, to ask that the committee be Monday in March and the fourth Monday in November; at Abilene, in the discharged from the further consideration of the same and that county of Taylor, on the first Monday in .April and the fow·th Monday in September; at San Angelo, in the county of Tom Green. on the third Mon­ the petitions be referred to the Committee on Appropriations, to day in April and the third Monday in November; at Waco, in the county of be considered in connection with estimates approved by the Sec­ McLennan, on the fourth Monday in April and the second Monday in retary of the Interior, now before that committee, relative to hy- October." drographic surveys. , SEC. 2. That this act take effect and be in force from and after its passage. The PRESIDENT pro tempore. Without objection, the peti­ The amendments were agreed to. tions will be so referred. The bill was reported to the Senate as amended, and the amend­ Mr. ELKINS. 1 am also directed by the same committee, to men~ were concurred in. whom was referred a communication from the Secretary of the The amendments were ordered to be engroi:!sed and the bill to be Interior, transmitting, in response to a resolution of the 9th ul­ read a third time. timo, a. report on topographic and geologic insular surveys, to Th~ bill was read the third time, and passed. move that the Committee be-di.iGharged from the further consid­ MISSISSIPPI RIVER BRIDGE AT DUBUQUE, IOWA. eration of the same and that it be referred to the Committee on Mr. ALLISON. I ask unanimous consent to proceed to the con­ Coast and Insular Surveys. sideration of the bill (S. 2477) authorizing the construction of a The.motion was agreed to. bridge across the Mississippi River at Dubuque, Iowa. It is a bill GOVERNMENT OF PUERTO RICO. local in its character and will take but a few moments. There will be no objection to it, I think. It was reported by the Senator Mr. FORAKER. From the Committee on Pacific Islands and from Missouri [Mr. VEST] from the Committee on Commerce. Puerto Rico I report back favorably with an amendment the bill There being no objection, the Senate, as in Committee of the (S. 2264) to provide a government for Puerto Rico, and for other Whole, proceeded to consider the bill, which had been reported purposes, and I also submit a report on behalf of the majority of from the Committee on Commerce with amendments. the committee. The first amendment was, in section 1, page 3, line 1, after t.he The PRESIDENT pro tempore. The bill will be placed on the word "changed," to strike out" or removed;" and in line 3, after Calendar. the word ''as," to strike out "Congress "and insert ''the Secre­ Mr. FORAKER. I ask that the bill and report may be printed, tary of War;" so as to read: the usual number of copies, and that there also be printed 2,000 And the said structure shall be changed at the cost a.nd the expense of the extra copies. There is quite a demand for the same. owners thereof, from time t.o time, as the Sedretary of Wa.r may direct, so The PRESIDENT pro tempore. The Senator from Ohio asks as to preserve the free and convenient navigation of said river. that :&,000 additional copies be printed of the bill and the report. The amendment was agreed to. Is there objection? The Chair hears none, and it is so ordered. The next amendment was, in section 1, page 3, line 5, after the Mr. FORAKER. I also submit, in support of the bill just re­ word "river," to strike out the remainder of the section, in the fol­ ported, the testimony of certain witnesses taken before the com­ lowing words: mittee, and I ask that that testimony be printed for the use of the And the authority to erect and continue said bridge shall be subject t.o revo­ cation a.nd modification by law when the public good, in the judgment of Con­ Senate-the usual number of copies. gress, so requires, without any expense or charge to the United States; that I also submit in support of it a compilation of the organic laws said bridge shall not interfere with the free navigation of said river beyond of the Territories, compiled under the direction of the Senate, what is necessary in order to carry int.o effect the rights and privileges hereby granted, and in case of any litigation a.rising from any obstruction, or alleged and I a.sk that the usual number of copies of that be printed for obstruction, to the free navigation of said river, the cause may be tried be­ the use of the Senate.\ fore the circuit court of the United States in and for any district in which The PRESIDENT pro tempore. The Senator from Ohio sub­ any portion of said bridge or obstructibn is located. mits certain documents referring to the bill just reported by his The amendment was agreed to. committee, and asks that the usual number be printed. Is there The next amendment was, in section 2, page 3, line 22, before the objection? The Chair hears none, and it is so ordered. word" hundred," to strike out" two" and insert" three;" so as Mr. GALLINGER. In connection with the report made by the to read: Senator from Ohio on the bill providing a government for Puerto Rico, I rise, not to make, properly speaking, a minority report, w~~~i~i;:~~~:~;:;i ;~:ir'f!'~~[re:Ct~dt~f~~1~~:ern~;3~~i11~1:.i~ ous spans, and the main span shall be over the main navigable channel of the but to present certain dissenting views, which are signed by my­ river, and shall give a. clear width of waterway not less than 350 feet, and self and the Senator from California [Mr. PERKINS]: I a.sk that shall give clear headroom the full length of said span of not less in any case the views of the minority be printed m connection with the re­ than 55 feet above extreme high-water mark, as understood at the point of port made by the Senator from Ohio. location. The PRESIDENT pro tempore. Without objection, it will be The amendment was agreed to. so ordered. The next amendment was, in section 2, page 4, line 2, before the JUDICIA.i;. DISTRICTS OF TENNESSEE, word'• feet," to strikeout" seven" and insert" ten;" so as to read: The remaining spans shall each give a clear width of waterway of not less Mr. HOAR. I am directed by the Committee on the Judiciary, than 200 feet and a clear headroom of not less in any case than 10 feet between to whom was referred the bill (H. R. 947) to create a new division extreme high-water mark and the lower chords of the superstructure. in the eastern judicial district of the State of Tennessee, to report The amendment was agreed to. it favorably without amendment. The committee are satisfied The bill was reported to the Senate as amended, and the amend­ that the arrangement will be a saving of expense to the United ments were concurred in. States instead of being an increased expense. The first of the new The bill was ordered to ba engrossed for a third reading, rea.d terms of the court is to be held the fourth Monday in February. the third time, and passed. So it is quite important that the bill should pass at once in order STATUE OF DANIEL WEBSTER, to prevent the failure of processes by being wrongly brought. I Mr. PLATT of New York, from the Committee on Printing, to ask, therefore, that the bill may be now considered. whom was referred the concurrent resolution submitted by Mr. There being no objection, the Senate, as in Committee of the HOAR on the 30th ultimo, reported it without amendment, and Whole, proceeded to consider the bill. it was considered by unanimous consent, and agreed to, as foilows: The bill was reported to the Sena.te without amendment1 ordered Resolved by the Senate (the House of Representatives concurring), That there to a third reading, read the third time, and passed. be printed for immediate use as a public document 11,000 copies of the 1900. CONGRESSIONAL RECORD-SENATE. 1487

proceedings in connection with the reception of the Webster statne.on January The Secretary read as follows: 18, 1900, as reported by the committee of arrangements, of which l,OOU shall ResoltJed, etc., That the Secretary of the Interior be, and he is hereby, au­ be for the use of Mr. Stilson Hutchins, 4,000 for the use of the Senate, and thorized and directed to deliver, from the number now inhis care, one copy 6 000 for the use of the House of Representatives; also 10,000 copies in the of the Compiled Statutes of the District of Columbia each standing and f~rm prescribed by law for printing eulogies, of which, in cloth binding, 1,000 to shall be for the use of Mr. Hutchins, 3,000 delivered to the Senators and Rep­ select committee of the Senate and of the House of Representatives on the resentatives of the States of New Hampshire and Massachusetts, 2,000 for requisition of the chairman of such committ.ee, and to each justice of the the use of the Senate, and 4,000 for the use of the House of Representatives. several courts of the District of Columbia, on his written request. The amendment to the amendment was agreed to. AL.ASKA SALMON FISHERIES. The amendment as amended was agreed to. Mr. PLATT of New York, from the Committee on Printing, to The joint resolution was reported to the Senate as amended, whom was referred the resolution submitted by Mr. PERKINS on and the amendments were concurred in. the 24th ultimo, reported it without amendment, and it was con­ The amendments were ordered to be engrossed and the joint sidered by unanimous consent and agreed to, as fol}.ows: resolution to be i·ead a third time. • Resolved, That the report of Howard M. Kutchin, special agent of the Treas­ The joint resolution was read the third time, and passed. ury Department, for the season 1899. on the protection of the Alaska salmon fisheries, be printed; and that 500 additional copies be printed and bound in REPORT ON AFFAIRS IN CUBA. paper covers for the use of the Treasury Department. The PRESIDENT pro tempore. The Chair lays before the Sen· YOSEMITE NATIONAL PARK. ate a concurrent resolution amended by the House of Representa­ Mr. PLATT of NewYor)!. I am directed bythe Committee on tives. The resolution and amendment will be read. Printing, to whom was i·eferred the resolution submitted by the The Secretary read the concurrent resolution as passed by the Senator from California. [Mr. PERKINS] relativetothe printing of Senate on the 9th ultimo, as follows: the report of the commission appointed to investigate certain facts Resolved by the Senate (the House of Representatives concurring_), That there with reference to the establishment of a free public highway into be printed 7,000 copies of so much of the civil report of Maj. Gen. John R. Brooke, military governor of the island of Cuba, made to the Adjutant-General the Yosemite National Park, to report it with an amendment; and of the United States Army, with accompanying papers and documents. as is I ask unanimous consent for its present consideration. in the English language, together with a prepared index; of which 2,000 cop­ The Senate, by unanimous consent, proceeded to consider the ies shall be for the use of the Senate, ~000 copies for the use of the House of resolution submitted by Mr. PERKINS on the23d ultimo, as follows: Representatives, and 1,000 copies for the use of the War Department. Resolved, That the report of the commission appointed, pursuant to an act The amendment of the House of Representatives was, in lirie 3, of Con&'ress approved March 3, 1899, to investigate and determine certain to strike out the word "report " and insert the word "reports." facts with reference to the establishment of a free public highway into the I Yosemite National Park, heretofore submitted to the Secretary of the Inte­ Mr. PLATT of Connecticut. move that the Senate concur in rior pursuant to law, be printed for tbeuse of the Senate, and that the photo­ the amendment of the House. graphs accompanying the same. illustrative and as a part thereof, be photo­ The motion was agreed to. engraved or stereotyped to accompany the said report as a part thereof. The amendment of the Committee on Printing was, after the LANDS ON THE ISLAND OF OAHU, HAWAIL . word "Senate," in line 7, to strike out the remainder of the reso­ Mr. CLARK of Wyoming. I am directed by the Committee on lution in the following words: Public Lands, to whom was referred the joint resolution (S. R. And that the photographs accompanying the same, illustrative and as a 76) withdrawing certain lands on the island of Oahu, Hawaii, part thereof, be photo-engraved o-r stereotyped to accompany the said report from the public domain, to report it favorably, and I ask for its as a part thereof. immediate consideration. Mr. COO.KRELL. Now let it be read as proposed to be The PRESIDENT pro tempore. The joint resolution will ba amended. read for information. The PRESIDENT pro tempore. The resolution_ will be read as The Secretary read the joint resolution. proposed to be amended. . Mr. FORAKER. I understand that a joint resolution in regard The Secretary read a.'3 follows: to certain lands on the island of Oahu, Hawaii, has been reported Resolved, That the report of the commission appointed pursuant to an act from the Committee on Public Lands. I was not aware there was of Conip.:ess approved March 3, 1899, to investigate and determine certain facts with reference w the establishment of a free public highway into the any such resolution pending before the Senate. Yosemite National Park, heretofore submitted to the Secretary of the In­ The PRESIDENT protempore. It is areportfrom the Commit. terior pursuant to law, beJ>rinted for the use of the Senate. tee on Public Lands. The PRESIDENT pro tempore. The question is on agreeing to Mr. FORAKER. When was that joint resolution introduced? the proposed amendment. Mr. CLARK of Wyoming. It was introduced something like The amendment was agreed to. a week ago, when it was referred to the Committee on Public The resolution as amended was agreed to. Lands, and it has been unanimously reported from that com­ mittee. It is with reference to the withdrawal from the public COMPILED STATUTES OF THE DISTRICT OF COLUMBIA, lands of the royal mausoleum, containing something like 120,000 Mr. PLATT of New York. I am directed by the Committee on square feet in the outskirts of Honolulu. Printing, to whom was referred the joint ·resolution (H. J. Res. Mr. FORAKER. I must certainly have been absent from the 136) providing for the distribution of the Compiled Statutes of the Senate when that joint resolution was introduced and referred to District of Columbia to committees of the Senate and House of the Committee on Public Lands. As chairman of the Committ~e Representatives, to report it with amendments; and I ask for its on Pacific Islands and Puerto Rico, I shall insist that all matters present consideration. _ affecting those islands shall be referred to the committee having There being no objection, the Senate, as in Comlllittee of the control of that subject. Whole, proceeded to consider the joint resolution. Mr. CLARK of Wyoming. Certainly the Senator from Ohio The first amendment wa.s, in line 6, after the word "standing," will see the justice of having referred this matter to the Co~mit­ to insert the words '' and select," so as to read '·to standing and tee on Public Lands, when by resolution and a proclamation of , select committees of the Senate." the President the public lands of Hawaii have been taken over to The amendment was agreed to. the United States. It seems to me that there is but one commit­ The next amendment was, in line 7, to strike out thewords "not tee to which that joint resolution and that subject should have now supplied therewith for its use," and insert: gone. It certainly was not such a reference of the joint resolu· On the requisition of the chairman of such committee and to each justice tion as could properly have been objected to, I think. of the supreme court of the District of Columbia on his written request. Mr. FORAKER. It may be as the Senator from Wyoming says; Mr. HOAR. There is another court in the District of Colum­ I have no doubt it is; but I did not happen to be present when the bia, is there not now, the court of appeals, which should also have joint resolution was introduced and was not aware that any such copies? resolution had been introduced or any such refe1·ence had been Mr. PLATT of New York. Does the Senator propose an amend­ ma.de. ment? I only want to say, as chairman of that committee, that every­ Mr. HOAR. I suggest that it read "to each justice of the sev- thing affecting those islands the Committee on Pacific Islands and eral courts of the District of Columbia." - Puerto Rico will feel inclined to claim should be referred to it. Mr. PLATT of New York. Very good. I have no objection to If everything affecting the public lands in those islands is to go that amendment to the amendment. to the Committee on Public Lands, if everything referring to The PRESIDENT pro tempore. The Senator from Massachu­ finance is to go to the Finance Committee, and everything refer· setts suggests an amendment, which will be read. ring to navigation is to go to the Committee on Commerce, we The SECRETARY. Strike out in the committee amendment the might as well dispense ·with the Committee on Pacific Islands words " the supreme court " and insert the words " several and Puerto Rico. We shall claim the reference of everything of courts;" so as to read: "on the requisition of the chairman of such this character, in the first instance, to that committee. committee and to each justice of the several courts of the District Mr. CLARK of Wyoming. I had no thought of discourtesy to of Columbia. on bis written request." the Senator or to the Committee on Pacific Islands and Puerto Rico. Mr. COCKRELL. Now let the joint resolution be read as it Mr. FORAKER. I am sure of that. I am not disposed to make will stand if am.ended. any question on this joint resolution; but, as I have already said, 1488 CONGRESSIONAL RECORD-SENATE. FEBRUARY 5,

I want to serve notice that our committee will make claim to every­ Mr. TURNER introduced a bill (S. 2938) granting an increase thing connected with those islands in the way of legislation that of pension to Joseph Longmire; which was read twice by its title, may be brought before the Senate. and referred to the Committee on Pensions. The PRESIDENT pro tempore. Is there objection to the present He also introduced a bill (S. 293!}) for the relief of Thomas H. consideration of the joint resolution? Burns; which was read twice by its title, andreferred to the Com­ Mr. ALLEN. I object. I think morning business ought to be mittee on Military Affairs. transacted before anything else is taken up. Mr. MONEYintroducedabill (S. 2940) forthereliefoftheestate ADMISSIONS TO GOVERNMENT HOSPITAL FOR THE INSANE, of John Hebron, deceased; which was read twice by its title, and referred to the Committee on Claimil, Mr. HAWLEY. The Committee on Military Affairs agreed to Mr. TALIAFERRO introduced the following bills; which were report favorably the bill (S. 2383) to amend section 4843 of the severally read twice by their titles, and referred to the Committee Revised Statutes, but at the'Bame time we receivedfrom the House on Pensions: . of Representatives exactly the same bill, word for word. I move A bill (S. 2941) granting an increase of pension toRobertGamble, that the Senate bill be indefinitely postponed. jr., (with an a.ccompanying paper); The PRESIDENT pro tern pore. Tbe question is on the motion A bill (S. 2942) granting an increase of pension to William Pad­ of the Senator from Connecticut to postpone indefinitely the bill gett (with accompanying papers); and named by him. A bill (S. 2943) grantingan increase of pension to James J. Hol- The motion was agreed to. land (with accompanying papers). . Mr. HAWLEY. I now ask the SenatE\ to take up and concur Mr. PENROSE introduced the following bills; which were sev­ in the passage of the House bill (H. R. 5491) to amend section erally read twice by their titles, and referred to the Committee on 4843 of the Revised Statutes, which I report favorably from the Claims: Committee on Military Affairs. A bill (S. 2944) for the relief of Oliver M. Blair, administrator Byunanimousconsent, theSenate,asin Committeeofthe Whole, of Thomas P. Blair, deceased (with an accompanying paper); proceeded to consider the bill. It proposes to amend section 4843 A bill (S. 2945) for the relief of the city of Philadelphia; of the Revised Statutes by inserting the word " Pay" in line 8 A bill (S. 2946) for the relief of William H. Wanamaker (with after the word "Quartermaster's;" so ~.hat the paragraph will an accompanying paper); and read. A bill (S. 2947) to indemnify the State of Pennsylvania for Second. Civilians employed in the Quartermaster's, Pay, and Subsistence money expended in 1864 for militia called into the military service Departments of the Army who may be, or may hereafter become, insane while in such employment. by the governor under the proclamation of the President of June 15, 1863. The bill was reported to the Senate without amendment, ordered Mr. PENROSE introduced a bill (S. 2948) to correct the mili­ to a third reading, read the third time, and passed. tary record of Milton McPherson; which was read twice by its REVIVAL OF THE MERCHANT MARINE. title, and referred to the Committee on Military Affairs. Mr. GALLINGER. I submit a hearing taken before the sub­ He also introduced a bill (S. 2949) to correct the military record committee on ships and shipping of the Senate Committee on Com­ of Thomas Bullman; which was read twice by its title, and, with merce on the bill (S. 727) to promote commerce and increase the the accompanying paper, referred to the Committee on Military foreign trade of the United States and to provide auxiliary cruisers, Affairs. · transports, and seamen for Government use when necessary. I Mr. PENROSE introduced the following bills; which were sev­ move that the hearing be printed and that 1,000 extra copies be erally read twice by their titles, and referred to the Committee on printed for the use of the Committee on Commerce. Pensions: The motion was agreed to. A bill (S. 2Q50) granting a pension to Flora B. Hinds; A bill (S. 2951) granting a pension to Harriet Shroeter; BILLS INTRODUCED. A bill (S. 2952) granting a pension to Margaret Krider Hare Mr. CARTER introduced a bill (S. 2927) making further pro­ (witn accompanying papers); vision for a civil government for Alaska, and for other purposes; A bill (S. 2953) granting a pension to Hannah Dunlap (with an which was read twice by its title, and referred to the Committee accompanying paper); on Territories. A bill (S. 2954) grantiBg an increase of pension to Elam Kirk; Mr. PETTIGREW introduced a bill (S. 2928) for the establish­ A bill (S. 2955) granting a pension to Melvina Greenawalt; ment, control, operation, and maintenance of the Northern Branch A bill (S. 2956) granting a pension to Eliza White (with an ac­ ot the National Home for Disabled Volunteer Soldiers at Hot companying paper); Springs, in the State of South Dakota; which was read twice by A bill (S. 2957) granting a pension to Mary B. Douglass; and its title, and referred to the Committee on Military Affairs. A bill (S. 2958) granting a pension to Charles Forrest (with an He also introduced a bill (S. 2929) granting an increase of pen­ accompanying paper). sion to Amon A. Webster; which was read twice by its title, and Mr. PENROSE introduced a bill (S. 2959) to compel the intro­ i·ef erred to the Committee on Pensions. duction and use of fire protection on pai:.senger trains engaged in Mr. PLATT of Connecticut introduced a bill (S. 2930) for the interstate commerce; which was read twice by its title, and re· relief of William Dugdale, postmaster at NorotonHeights, Conn.; ferred to the Committee on Interstate Commerce. which was read twice by its title, and referred to the Committee Mr. McCOMAS introduced a bill (S. 2960) for the relief of Ed­ on Post-Offices and Post-Roads. ward Kershner; which was read twice by its title, and referred to Mr. PROCTOR introduced a bill (S. 2931) to incorporate the the Committee on Naval Affairs. American National Red Cross, and for other purposes; which was Mr. BAKER introduced a bill (S. 2961) granting an increase of read twice by its tit.le, and referred to the Committee on Foreign pension to Michael Lochard; which was read twice by its title, Relations. and referred to the Committee on Pensions. Mr. THURSTON introduced a bill (S. 2932) to provide for mac­ He also introduced a bill (S. 2962) granting an increase of pen­ adamizing Fort Crook military boulevard from Fort Crook, Nebr., sion to William Blades; which was read twice by its title, and to Omaha, Nebr., and appropriating money therefor; which was referred to the Committee on Pensions. read twice by its title, and referred to the Committee on Military Mr. McMILLAN introduced a bill (S. 2963) granting a pension Affairs. to Nelson Utley; which was read twice by its title, and, with the He also introduced a bill (S. 2933) to divide the district of Ne­ accompanying papers, referred to the Committee on the District braska into two divisions, and for other purposes; which was read of Columbia. twice by its title, and referred to the Committee on the Judiciary. He also introduced a bill (S. 2964) for widening and extending He also introduced a bill (S. 2934) providing for the transfer to Warder avenue, opening a highway through Whitney Close, along the Adjutant-General's Department or the Inspector-General's Soldiers' Home grounds, and for other purposes; which was read Department of the Regular Army of officers of the line serving in twice by its title, and referred to the Committee on the District of the Volunteer Army; which was read twice by its title, and re­ Columbia. ferred to the Committee on Military Affairs. Mr. HAWLEY introduced a bill (S. 2965) to increase the corps He also introduced a bill (S. 2935) granting a pension to Isabel of cadets at the United States Military Academy at West Point, B. Hamilton; which was read twice by its title, and referred to and to regulate the qualifications for admission; which was read the Committee on Pensions. twice by its title, and, with the accompanying papers, refened to Mr. STEWART introduced a bill (S. 2936) authorizing the ap­ the Committee on Military Affairs. pointment of James A. Hutton to a captaincy of infantry in the He also introduced a bill (S. 2966) in regard to brevets in the United States Army; which was read twice by its title, and, with Army; which was read twice by its title, and referred to the Com­ the accompanying papers, referred to the Committee on Military mittee on Military Affairs. Affairs. Mr. PROCTOR introduced a bill (S. 2967) granting an increase Mr. ALLEN introduced a bill (S. 2937) granting a pension to of pension to Florence E. Stuart; which was read twice by its Mary B. Burdick; which was i·ead twice by its title, and referred title, and referred to the Committee on Pensions. to the Committee on Pensions, Mr. NELSON (by request) introduced a bill (S. 2968) _granting 1900. CONGRESSIONAL RECORD-SENATE. 1489 an increase of pension to MarieJ. Blaisdell; which was read twice He also introduced a bill (S. ·2996) for the reiief of W. H. Mor- by its title, and referred to the Committee on Pensions. ris; which was read_twice by its title, and, with the accompany- Mr. SCOTT introduced a bill (S. 2969) granting a pension to ing papers, referred to the Committee on Claims. Mary E. Radcliffe; which was read twice by its title, and referred Mr. COCKRELL introduced a bill (S. 2997) granting a pension to the Committee on Pensions. to J. W. Shepherd; which was read twice by its title. Mr. McENERY introduced the following bills; which were sev- Mr. COCKRELL. I present the petition of J. W. Shepherd, era.Uy read twice by their titles, and referred to the Committee on Company F, Third Regiment Kansas State .l\'.lilitia, together with Claims: the affidavits of Dr. Perkins, Dr.Thrmh,and Dr.Nelson, and also A bill (S. 2970) for the relief of Moise Dormenon, administrator of Comraaes Curless, Bowen, Hindman, Wheadon, and Crutch- of the estate of Francois Dormenon, deceased; field, and a paper giving the military record of the petitioner. I A bill (S. 2971) for the relief of the estate of Joseph Badin (with move that the bill and accompanying papers be referred to the an accompanying paper); Committee on Pensions. A bill (S. 2972) for the relief of Whitty S. Mille, administrator The motion was agreed to. of Whitty M. Sasser, deceased; and . Mr. FORAKER introduced a bill (S. 2998) granting a pension A bill (S. 2973) for the relief of Francois L. Bouillotte, Louisa L. to Maria V. Sperry; which was read twice by its title, and referred Bouillotte, Mary A. Crowley, born Bouillotte, and Lausa M. Price, to the Committee on Pensions. born Bouillotte, children and only heirs at law of Joseph Bouil- sOLDmns' MONUMENT AT TALLADEGA ALA lotte, deceased, la!i6 of Rapides ~arish, State of Louis~ana. . Mr. MORGAN. I present the memorial of the A~drew Jack- Mr. LI~~'DSA_Y.mtroduced a bill (S. 2974) for the rehef of Ohve: son Chapter of the Daughters of the American ~evolution, of H. ~erry, admm1s~rator

XXXTII-94 1490 CONGRESSIONAL RECORD-SENATE. FEBRUARY5,

He also submitted an amendment relative .to the ratification, Mr. COCKRELL. Are there any papers with the message? confirmation, and approval of certain agreements made with the The PRESIDENT pro tempore. There are none. Northern Ute Indians, intended to be proposed by him to the In­ Mr. ALLISON. There must be a report accompanying it. dian a~propriation bill; which was referred to the Committee on The PRESIDENT pro tempore. The documents were sent to Indian Affairs, and ordered to be printed. the other Honse. WITHDRAWAL OF PAPERS. Mr. COCKRELL. The message ought to be printed, and we ought to have the other documents printed with it, if possible. , On motion of Mr. SPOONER, it was. Mr. ALLISON. I move that the message of the President be Ordered, That the papers accompanying a bill granting a pension to Martha A. Buell be withdrawn from th& files of the Senate, no adverse report hav­ printed, with the accompanying documents sent to the House, and ing been made thereon. that it be referred to the Committee on Agriculture and Forestry. PROPOSED AMENDMENT OF THE RULES. The motion was agreed to. Mr. GALLINGER. Mr. President, I give notice of a proposed DISTRICT TAX DEPARTMENTS. amendment to the rules of the Senate, which I ask shall be read Mr. HANSBROUGH. I ask unanimous consent for the consid­ and printed. eration at this time of the bill (H. R. 5042) t.oprovide for improve­ The PRESIDENT pro tenipore. The Senator from New Hamp­ ments in the tax departments of the District of Columbia. shire gives notice of a proposed amendment to the rules of the Mr. PLATT of Connecticut. From what committee does that Senate; which will be read. bill come? The Secretary read as follows:: The PRESIDENT pro tempore. From the Committee on the Mr. GALLINGER gives notice that he will, on to-morrow or some subse­ District of Columbia. quent day. submit an amendment to paragraph 5 of Rule XIV, so that, if amended, it sha.11 read: Mr. HANSBROUGH. It is a Honse bill. u.All resolutions shall be referred without debate to their appropriate com­ The PRESIDENT pro tempore. ls there objection to the pres­ mittees, unless the Senate by unanimous consent orders otherwise." ent consideration of the bill? EXCHANGE OF DENUDED LANDS. There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill. It provides that, to enable Mr. STEWART submitted the following resolution; which was the Commissioners of the District of Columbia to enlarge the considered by unanimous consent, and agreed to: rooms now occupied by the assessor and collector of taxes of the Resolved, That the Secretarr of the Interior be, and he is hereby, directed to inform the Senate what legislation'l.in bis opinion, is necessary to protect District of Columbia, and to rearrange the space so as to better the Gov-ernment in the exchange of aenuded lands in Government reserva­ accommodate the public who have occasion to transact business tions for other lands on the public domain, and to enable him to adjust in with those offices, and to provide fixtures and_payother necessary such exchanges the relative value of the lands authorized to be exchanged under existing laws. expenses incident thereto, and to put in operation the card sys­ tem for the improvement of the business methods of those offices 1 ASSISTANT CLERK TO COMMITTEE. including the temporary hire of clerks, the sum of $4,000 shall be Mr. PETTIGREW submitted the following resolution; which appropriated, one-half out of any moneys in the Treasury not was referred to the Committee to Audit and Control the Con­ otherwise appropriated and the other half out of the revenues of tingent Expenses of the Senate: the District of Columbia, to be immediately available. Resolved, Tba.t the Committee on Indian Affairs be, and it is hereby, au­ The bill was reported to the Senate without amendment, or­ thorized to emJ>loy an assistant clerk, to be pa.id from the contin~entfund of dered to a third reading, read the third time, and passed. the Senate, at the rate of $1,«0 per annum, until otherwise provided bylaw. PRESIDENTIAL A.PPROV AL. PROCEEDINGS OF NAVAL COURTS· MARTIAL. A message from the Presidentof the United States, byMr. O. L. The PRESIDENT pro tempore. The morning business is closed, PRUDEN, one of his secretaries, announced that the President had and the Chair lays-before the Senate a resolution coming over from on the 3d instant approved and signed the act (S. 2431) to pre­ a previous day, which will be read. - sent to the city of Nashville, State of Tennessee, the cannon on The Secretary read the resolution submitted by Mr. PETTUS Feb­ the gunboat Nashville from which was fired the first shot in the ruary 1, 1900, as modified, as follows: Spanish-American war. Resolved, That the.. Secretary of the Navy is directed to inform the Senate BILLS whether the Navy Department has or has not refused or refrained to com­ HOUSE REFERRED, ' municate to the Court of Claims any information conceJ

1900. CONGRESSIONAL RECORD-SENATE. 1491

American sailors know how to die..,--how to die for their country Mr. ·President, notwithstanding that this information has been as heroes and patriots die. furnished to the Senator from Alabama, there can be no objection These American sailors deserve and need your protection. They to the passage of the resolution, if the Senator from Alabama so can not protect themselves. The law of the land is the only pro­ desires. tection they can have. Thus under necessarily stem control and The PRESIDENT pro tempore. The question is on agreeing to subject to punishment by naval courts-martial, more or less se­ the resolution submitted by the Senator from .Alabama as modified. vere, but regulated by law, how are these sailors to be properly The resolution as modified, was agreed to. protected unless they can procure easy access to the proceedings TRANSACTIONS BETWEEN TREASURY DEPARTMENT A.ND BANKS, of naval courts-martial, under the findings and sentences of which they are punished? The law makes copies of those proceedings The PRESIDENT pro tempore. The Chair lays before the legal evidence if relevant, and the law gives the Court of Claims Senate a resolution coming over from a previous day. the power to call on the Departments for papers and information The resolution submitted by Mr. ALLEN on the 2d instant was and makes it the duty of the Departments to furnish what is called read, as follows: Resolved, That a special committee, consisting of nine members of the Sen­ for by the court unless the officer ca11ed on by the court believes ate, be immediately appointed by the President pro tempore to make a thor­ that to do so would be against the public interest. This was evi­ ough and complete investigation of all dealings and transactions between the dently so provided so as to guard state secrets, as they are called; Secretary of the Treasury or the Treasury Department of the United States but I am unable to conceive how the proceedings of a naval court­ and the National City Bank and the Hanover National Bank, of the city of New York, or any other national bank of the United States, from the 4th day ma1·tial by which a sailor has been tried, after the finding has of March, 1897, to the present time, and especially in regard to all letters, been approved and after the sailor has been punished, can be a agreements, papers, or documents between the Treasury Department of the state secret or ought to be a secret of any kind. I am satisfied United States, or any person connected therewith. and the National City Bank and the Hanover National Bank, of the city of New York, or any per­ that such proceedings should always be open to the inspection of son acting for them, or either of them, since the 4th day of March, 1897, relat­ every person interested and to the public, under proper regula­ ing to the depositing of public funds, bonds, or revenues in said bank or tions, like the judgments of all civil courts of the United States. banks, or any other relations or business transactions now existing or here­ tofore had between the Government and the said banks, or either of them, Mr. President, we need a strong Navy, and the United States and the amount of public money, bonds, or revenue deposited with said banks, ought to have a strong Navy, with or without the permission of or either of them, or with any national bank, by the Government, upon what those who manufacture steel plates. Our Navy ought to be security. for what length of time, and the reasons therefor, and whether said banks, or any of them, have paid the Government any interest on said de­ strengthened now or as soon as practicable. We ought to have posits, and if so, how much, and all other information concerning the same better and more ships. We ought to have our Naval Academy or in any way relating thereto; and also the date of the sale of the custom­ improved and enlarged, so as to have educated officers sufficient house property of the United States in New York City to said National City Bank, the date of the execution of the deed thereto, the date and manner of to command the ships which we ought to build. We ought also to payment of the purchase money therefor, the disposition of the proceeds of have a regular system by which all the officers of the Navy and said sale, and whether or not the Government has paid any rents for said others who, for skillful conduct and for level-headed daring, stand, property, ora.ny portion thereof, for any purpose since the day of sale, and like Saul, head and shoulders above their fellows, can be rewarded. if so, to whom, and all facts relating to sajd transaction, and all other mat­ ters in connection therewith or in any wa~ relating thereto; and said com­ They ought to be rewarded by honors. Honors ought to be mittee is authorized to send for persons, books, letters, telegrams, papers crowded on them. What for? To encourage-others to go and do documents. and agreements, administer oaths, and hold open sessions, and likewise. sit at any time in any place in the city of Washington, New York, or Chicago, the expense for the same to be pa.id out of the contingent fund of the Senate, Mr. President, these officers, when thus encouraged, learn how and the Sergeant-at-Arms, or some one acting for him, shall attend said com­ to, and they will solve the great problems of war. When we were mittee and carry out its mandates; and said committee is instructed to make discussing the war and after the war had commenced, do not a report to the Senate, with testimony and exhibits, with all convenient Senators remember the one serious, the one alarming problem that speed. was introduced into that war which had never been found before? Mr. ALLEN. I do not want to disappoint the Senator from The question was, How are we to protect our naval vessels from Louisiana [Mr. CAFFERY] who has given notice of his intention the power of the Spanish torpedo boats? That was the question. to speak to-day. So I ask unanimous consent that the resolution It was really the only alarming question there was in it, and that may go over, retaining its place. question was solved like a problem in Euclid by one of oul! naval Mr. SPOONER. Also the other resolution. officers. Wainwright solved the problem. It was very simple. The PRESIDENT pro tempore. There is another resolution, Get a fast yacht and the best crew you can get and stand to your offered by the Senator from South Dakota [Mr. PETTIGREW], guns, and that solved the problem. That was the only real, sub­ which is in the same position. stantial danger that we feared, and it had never been solved before. Mr. ALLEN. The Senator from South Dakota [Mr. PETTI· This one officer solved that great problem, and we want an edu· GREW] is not here. - cated number from Annapolis 1io solve others a-a th~ymay present Mr. SPOONER. Let that take the same course. themselves. Mr. President, but all these officers and all these guns The PRESIDENT pro tempore. The Senaror from Nebraska and all the ships that you can build are of no substantial value asks that the two resolutions coming over from a former day may unless you have sailors to stand by the guns. These sailors need go over without prejudice, retaining their place. your protection. They are, as it were, infants and helpless in them­ Mr. SPOONER. There is another resolution which was offered selves to protect their own rights. by the Senator from Nebraska and which he discussed the other All I want to know by this resolution is whether the sailors can day. go to that Department or send to that Department and get a rec­ Mr. ALDRICH. That has gone to the Calendar. ord of the proceedings of a court-martial by which they were tried. The PRESIDENT pro tempore. That i·esolution had its day That is all I want to know. The court orders it. I do not know and is on the Calendar. of my own knowledge whether it has been furnished or not, but Mr. SPOONER. It can be taken up by unanimous consent. I have reasons for the inquiry, and I should like to add a line to The PRESIDENT pro tempore. Is there objection to the re· the resolution by way of amendment, if the Secretary will be kind quest of the Senator fromNeoraska? In the absence of objection, enough to write it down. the order is entered. The PRESIDENT pro tempore. The Senator from Alabama THE FINAN CI.AL BILL. has a right to modify his resolution. Mr. PETTUS. I wish to insert the words: Mr. TURNER. Mr. President, I wish to announce _that to· And the Secretary of the Navy will also inform the Senate as to the pra.c- morrow, after the conclusion of the remarks of the Senator from tice of the Navy in reference to the examination of :proceedings of courts- North Carolina [Mr. BUTLER l. I shall ask the Senate to. hear me martial on the application of parties interested or their authorized agents. mak~ some remarks on the bill now pending as the unfinished Mr. CHANDLER. Mr. President, it gives me great pleasure bueiness. to concur in the eulogium pronounced by the Senator from Ala- POLICY REGARDING THE PHILIPPINES. bama [Mr. PETTUS] upon the American sailor, and to thank him Mr. CAFFERY. Mr. President, I ask that Senate joint reso· for the sentiments which he has so appropriately expressed in be- Intion 45 may now be read. half of a newer and larger and better Navy. The joint resolution (S. R. 45 declaring the purpose of the With reference to the pending resolution calling upon the Sec- United States with reference to · ·"lpine Islands, introduced retary of the Navy to inform the Senate whether or not he has re- by Mr. BA.CON December 18, 18~ -~ead, as follows: frained from answering calls for information made by the Court Resolved, etc., ThattheGovernmentandpeopleofthe UnitedStateshavenot of Claims, not believing that the Secretary had for insufficient "'.aged th.e recent war with Spain for conquest and ~or the acquisition of for­ reasons omitted to comply with any such request, I communicated e1gn territory, but solely for the vurposes set forth m the resolution of Con­ with him and received from him certain correspondence, which I gress making the declaration of war-the acquisition of such small tracts of · t d t S land or harbors as may be necessary for governmental purposes being not sub m1t e o the enator from Alabama. That correspondence · deemed inconsistent with the same. shows~ I think, that there has been no omission or refusal to trans- SEC. 2. That in demanding and in receiving the cession of the Philippine mit information required by the Court of Claims in cases pending Islands it is not the purpose of the Government of the United States to secure and ma.in~n permanent dominion over the same as a part of the territory b e f ore t h em, and t h at the course pursued by the Navy Department of the Uruted States, or to permanently incorporate the inhabitant8 thereof with reference to calls supposed to be either frivolous or proceed- as citizens of the United States, or to hold said inhabitants as vassals or sub­ ing from ulterior motives was approved by the rt f Cl · jects of this .Government; and the United States hereby disclaim any dis- cou 0 auns po&tion or intention to exercise permanent sovereignty, jurisdiction, or con· itself, trol over said islands. 1492 CONGRESSIONAL RECORD-SENATE. FEBRUAl{,Y 5,

SEC. 3. That tne United States having accepted the cession of the Philip­ tory is simply a power to administer the laws of the United States pine Islands from Spain, and having by force of arms oyerthrown all organ­ ized authority and opposition to the authority of the Uruted States therein~ so far as they may be applicable to that territory. the duty and obligation rest upon the United States to restore peace ana The question as to who may, in a Territory, for a temporary maintain order throughout the same; to protect in said islands the enjoy­ purpose, administer such laws is secondary. ment of life and property and the pursuit of lawful avocations; and to con­ tinue such protection until the power and duty to maintain said protection Mr. President, I will quote from the repo1·t of the Secretary of shall have been transferred and intrusted l?Y the United States to a govern­ War, page 26: ment of the people of said islands deemed capable and worthy to exercise I assume, for I do not think it can be successfully disputed., that all acqui­ said power and discharge said duty. sition of territory under this treaty was the exercise of a power which be· SEC. 4. That when armed resistance to the authority of the United States longed to the United States, hecause it was a nation, and for that reason was shall have ceased within said islands, and peace and order shall have been endowed with the powers essential to national life, and that the United restored therein, it is the purpose and intention of the United States, so soon States has ~ all the powers in respect of a territory which it has thus acquired, thereafter as the same can be :practically and safely accomplishedl to provide and the inhabitants of that territory, which· any nation in the world has in the opportunity and prescribe the method for the formation or a govern­ respect of territory which it bas acquired; that as between the people of the ment by and of the people of the Philippine Islands, to be thereafter inde­ ceded islands and the United States the former are subject to the complete pendently exercised and controlled by themselves, it being the design of the sovereignty of the latter, controlled by no legal limitations except those United l:::ltates to accord to the people of said islands the same measure of which may be found in the treaty of cession; that the people of the islands liberty and independence which have been pledged by the Congress of the have no right to have them treated as States, or to have them treated as the United States to the people of Cuba. territories previously held by the United States have been treated, or to as­ SEC. 5. That when a stable government shall, by the method aforesaid, have sert a legal right under the provfaions of the Constitution which was estab­ been duly formed and erected in said islands, competent and worthy, in the lished for the pnople of the United States themselves and to meet the condi­ judgment of the United States, to exercise the powers of an independent tions existing upon this continent, or to assert against the United States any government and to preserve peace and maintain order within its Jurisdic­ legal right whatever not found in the treaty. tion, it is the purpose and intention of the United States, reserving to them­ selves only such harbors and tracts of land as may be needed for coaling sta­ I now skip a portion of it. tions or other governmental purposes, to transfer to said government, upon terrus which shall be reasonable and just, all rights and territory secured in The people of the ceded islands have acquired a moral right to be treated said islands under the treaty with Spain, and to thereupon leave the domin­ by the United States in accordance with the underlying principles of justice ion and control of the islands to their people. and freedom which we have declared in our Constitution, which are the es­ SEC. 6. That when said government has been thus formed and set up in sential safegnards of every individual against the powers of government, not the Philippine Islands and approved by the United States, it is the design because those provisions were enacted for them, but because they a re essen­ and intention of the United States, through such means and measures as tial limitations inherent in the very existence of the American Government. may be deemed most efficient and appropriate, to secure the guaranty of In .another part of this report it is stated that there is no consti­ the continued independence of the same. tutional right upon the part of the Puerto Ricans to have free Mr. CAFFERY. Let the Secretary now read Senate joint reso­ trade with the United States, but that the United States may es­ lution No. 53. tablish whatever duties it pleases upon the import of articles from The joint resolution (S. R. 53) defining the policy of the United Puerto Rico into the United States and the import of articles into States relative to the Philippine Islands, introduced by Mr. BEV­ Puerto Rico from the United States and foreign countries, and ERIDGE January 4, 1900, was read, as follows: that regardless of our revenue laws. He says further that on Resolved, etc., That the Philippine Islands are territory belonging to the account of the financial and industrial conditions existing in United St.ates; that it is the intention of the United States to retain them as such and to establish and maintain such governmental control throughout Puerto Rico the tarift ought to be modified and that the Puerto the archipelago as the situation may demand. Ricans ought to be allowed to import into the United States their Mr. CAFFERY. Mr. '.President, thesetworesolutions in regard produce free from any tax or tariff on the part of the United to the Philippine Islands, one by the Senator from Georgia. [Mr. States, but that is only in consideration of the deplorable indus­ BA.CON] and the other by the Senator from Indiana [Mr. BEVER­ trial condition that prevails in the island. IDGE], embrace the opposing views held by members of the Senate Mr. President, even the natural rights of man, rights which and the people at large in the United States on this very difficult belong to him without constitutions, are denied as constitutional and embarrassing question. rights to the people of the Territories. By grace, by the influence The joint resolution of the Senator from Georgia substantially of moral considerations, by the inspirations of constitutional lib­ provides for the abandonment of the Philippine Islands by the erty we may be impelled to grant to the people of Puerto Rico the United States, so far as its sovereignty is concerned, and the es­ exercise of the rights guaranteed in the bill of rights of the Con­ tablishment there conjointly by the United States and the Fili­ stitution, but there is no constitutional guaranty; there is no oper­ pinos of a republican form of government, an independent gov­ ation of the Constitution in the territory of Puerto Rico propr'io ernment under the control of the Filipinos themselves. The vigore. Those rights inherent in mankind have been denied and resolution of the Senator from Indiana, which is very short and abused by tyrants. They may be abused and denied again. very comprehensive, is as follows: ·So we have this broad question to consider. I do not deny that the United States is a nation; I do not deny that the United States That the Philippine Islands are territory belon~ing to the United St.ates; that it is the intention of the United States to retam them as such and to es­ possess all the rights of nationality in every way and in every re­ tablish and maintain such governmental control throughout the archipelago gard, but I do deny that the Congress of the United States pos­ as the situation may demand. sesses the sovereign rights of the sovereign people of America. Here is the proposition boldly stated that the Philippine Islands I claim that the fountain of all supreme right, the foundation belong to the United States, and that they shall be held for all of all sovereignty, is in the political unit called the people. I deny time as Territories and shall be governed in such manner as the that there is any expressed grant of the sovereign power assumed Congress of the United States may deem proper. So, therefore, nor any by reasonable or necessary implication, and I deny that we have the question presented by these two resolutions as to the there is anywhere in any department of the Government an un­ .power of Congress to establish within the Territories of the United limited, sovereign, despotic power. The people of the United States just such a government as they may please to adopt, and States framed the Declaration of Independence and announced a that government to be maintained indefinitely. principle in the beginning of their national life which is the founda­ From that proposition I dissent, and, Mr. President, in view of tion stone of all republican government. We violated that ele­ the substantial adoption of that proposition by the Secretary of mental principle in taking over th~ sovereignty of the Philippines War and in view of the proposed regulations which I am told are without their consent. Afterwards the people of the United States being prepared to establish in Puerto Rico different tariff rates formed a representative government. A representative govern­ from those observed throughout the United States, I deem it ment is necessarily based upon the consent of the governed. I proper to con~ider the questions of cons~tutional .right assumed contend that there is no power anywhere outside of the people of in the resolution of the Senator from Indiana and m the report of the United States, no power in any branch of government or in the Secretary of War. . all the branches combined to make any other than a representative No more momentous question has ever occupied the attention government in any territory which may be acquired by war or by of the American Congress. No more momen to us question can cession. occupy it. -The question is, broadly presented, whether or not, by Now, Mr. President, I will first inquire what is meant by citi­ implication from an obscure section of the Constitution, the Con­ zenship of the United States? Who is a citizen of the .United gress of the United States can e·xercise sovernign jurisdiction and States? Have we alien subjects in the Territories and citizens power over whatever territory may be acquired by the United within the confines of the present Union? Does it not necessarily States. follow that everybody who owes allegiance to the United States is Mr. SPOONER. Will the Senator from Louisiana allow me to a member of the political community of the United States, and ask him a question? therefore a citizen of the United States, and therefore entitled to Mr. CAFFERY. Certainly. all the rights, privileges, and immunities of citizens of the United Mr. SPOONER. Upon what theory does the Senator from States? Louisiana call any provision in the Constitution of the United That proposition, Mr. President, I propose to discuss. I quote States an obscure provision? from Cooley's Constitutional Law, pages 254, 255: Mr. CAFFERY. I call it an obscure provision because I be­ Citizenship in State and Union: The fourteenth amendment r ecognizes lieve it is only a provision for administration of Territories, and the fact that there is a citizenship of the United States and also a citizenship not a provision conferring any such power as is assumed. I be­ of the several States-1 and that the two coexist in the same persons. Both governments owe a. auty of protection to the persons who are subject to lieve that the provision in the Constitution giving power to Con­ their jurisdiction, and both are entitled to the allegian ce of such persons. and gress to make rules and regulations for the government of terri- may puuisb breaches of this allegiance. It is impossible to conceive of such 1900.- CONGRESSION~L RECORD-SENATE. 1493

a status as citizenship of a State unconnected with citizenship of the United Quoting from Judge Bradley- · S~ates f_ any participation on their Mr. CAFFERY. Judge Cooley has stated enough to embrace part m the rights and 1mmumties of citizens of the United States? Alaska within the principle. Judge Cooley need not have cited ~o, sir; they ~e citizens entirely, co~pletely, absolutely. A sub­ any. case at all. The citizenship of Alaska, I believe, was provided Ject and a citizen are the same. Citizenship is onlv one of the form the treaty between Russia and the United States. t~rms applied to a member of a P?l!tical community.· If the Fili- _ Mr. PLATT of Connecticut. It differed from the other treaties pmos are not members of the political community of the United in that it did not provide that the inhabitants were to be incor­ States, ~hat are they~ And if they are_memberf::I of the political porated into the Union. com~umty o! the Un~t~d f?tates, the Qonstitution, proprio vigore, Mr. CAFFERY. If they were citizens of the United States carries there m the Philippmes every smgle one of the rights guar­ Mr. ~~esident, they would, soon. after arriving at a · position o~ anteed to American citizens in all the amendments to the Consti- condition of statehood, be admitted as a State without any pro­ tution. · vision in the Russian treaty. Mr. SPOO:&ER. Will the Senator from Lo~isiana all~w ~e to Mr. SPOONER. Of course. ask him a question? Mr. CAFFERY. Now, I will quote Judge Bradley (16 Wallace, Mr. CAFFERY. Certainly. page 119): Mr. SPOONER.. I t~?k the Senator Ir?ows that I have always But even if the Constitution were silent-- gr_eat respe?t for hls op1mons, and I certamly always listen to him with great mterest. I should like to ask him his view as to this Speaking of these individual and personal rights- partic'?-lar phase of the question he is discussing. As I under­ the fundamental privileges and immunities of citizens, as such, wouid be no sta_nd 1t, the Senator contends that where foreign territory is ac­ less :i-eal and no less in~?lable than they are now. It was not necessary to say m words that the citizens of the Umted States should have and exercise quired .by tr~aty any provision ~ the treaty as affecting the status all the privileges. o~ citizens-the. priyilege of buying, selling, and enjoyin~ ?f the mhabi_ta~ts of t~e acquired territory so far as citizenship property; th~ f!r1vilege of engagmg m any lawful employment for a liveh­ IS concerned is mefficac1ous. ~ood; the _pnvileg~ ?f resqrting to the laws for p:dress ?f injuries and the like. Their very citizenship conferred these privileges, 1f they did not pos­ Mr. CAFFERY, I think it is surplusage; yes, sir. S~f!!:1 them before. And tbeseprivileg~s they would enjolnwhether they were Mr. SPOONER. But as a matter of law the inhabitants be- c~t!zens of any State or not. l'n;hab1tanta of Federal Territories and new come citizens of the United States. ' . ci~izens, made such by .a!J.nexat10n of territory or naturalization, though withou~ anY._status as c1t~zens of a State, could, nev:ertheless, as citizens of Mr. CAFFERY. That"is what I assert. the_ Umted States, lay claim to every one of the privileges and immunities Mr. SPOONER. f\.n4 are en~~led to the individual rights guar­ which have been enumerated, and among these none is more essential and anteed l?Y the Constitut10n to citizens of the United States. fun~amental than _the right to f?llow such profession as each one may choose, subJect only to umform regulations equally applicable to all. . Mr. CAFFERY. Yes, sir. Now, then, Mr. President, Judge Bradley says nothing of citi­ Mr. SPOONER. Now, assuming, for the purposes of the argu­ zenship conferred by treaty stipulations. He broadly says that ment, that to be true, does the Senator go further and insist that we make citizens of the United States by the acquisition of terri­ they are thereby entitled under the Constitution to any particular tory, and by the fact of annexing of territory to the United States. form of government-- In the course of the decision he says that citizens of the United Mr. CAFFERY. I do. States enjoy the fundamental rights of citizens of States without . M;r. SPOONER. Provi~ed that the ~orm of government which the necessity of these being incorporated into the Constitution by is ~ryen to t~em ~oes not mterfere with those rights essential in amendment. In my opinion, inhabitants of Territories become a citizen to hfe, liberty, and the pursuit of happiness? citizens of the United States by tpe very fact of the United States Mr. CAFFERY. I do not exactly understand the Senator. ~fr. SPOONER. I understood the Senator to say a little while . clain;ti~g ~~ exercising sovereignty oyer them. They may be unw1llmg citizens; they may be forced mto the United States as ago that the inhabitants of a Territory belonging to the United they have been by the annexation of the Philippine Islands· but States are entitled to a representative government. they none the less become citizens ipso facto by reason of the Mr.CAFFERY. They are; that is just exactly whaticontended . United States flag :floating over them, and the paramount sover­ for.• Mr. SPOONER. Does the Senator regard our government of eignty of the United States, made good over them by fire and Alaska as unconstitutional? sword. Mr. CAFFERY. I do not. Mr. Chief Justice Waite, in United States vs. Crulkshank, page Mr. SPOONER. Is it a representative government in his view? 549, says: Mr. CAFFERY. It is not. We have in our political system a Government of the United States and a g9v~rnment of each of the several States. Each one of these governme.ntsis Mr. SPOONER, Then it must be unconstitutional. d~tmct from the others, and each bas citizens of its own who owe it alle­ M;i-. CAFFERY. No, sir; I beg your pardon. When we acquire giance, and whose rights, within its jurisdiction, it must protect. The same ~rr1tory that has not at the moment of acquisition or for some person may be at the same time a citizen of the United Statesa.nd a. citizen of a.State- time after the character and the condition of statehood. Congress 1494 OONGRESSIONAL REOORD-SENATE. FEBRUARY 5, must exercise a kind of tutorship over that territory. There is a There is a great deal of difference between the inherent power kind of intermediary condition. Congress is the guardian of that of a nation and the inherent power of one of the functionaries of territory. But the territory must possess the ingredients of rep- that nation. Our Constitution is a Constitution of grants, of enu­ 1·esentative government ultimately. merated, specific grants. The people of the United States, when Mr. SPOONER. If the Senator will permit me, I was not they formed this Constitution, did not grant to any one of these speaking-- departments of Government or to all combined any absolute au­ The PRESIDING OFFICER. Does the Senator from Louisiana thority. Absolute authority and absolute sovereignty only exist yield? with the people of the United States. Mr. CAFFERY. Certainly. Mr. PLATT of Connecticut. Will the Senator from Louisiana Mr. SPOONER. I did not have in mind in the question I put permit me to ask him a question? the subject of statehood. I was referring to the form of Terri­ .Mr. CAFFERY. Yes, sir. torial or quasi Territorial government. Mr. PLATT of Connecticut. How can the people of the United Mr. CAFFERY. If you mean by your question that Congress States exercise that sovereign authority except through Congress can impose upon the Territories any other than a form of free or by amendment? government-- Mr. CAFFERY. The people of the United States have granted Ml'. SPOONER. Of co.nrse I did not mean that. to the Congress of the United States sufficient sovereign power to Mr. CAFFERY. Then I shall answer that they have no such govern these United States and all territory that the United power. Congress has heretofore sedulously guarded the rights of States may acquire. The Congress of the United States can not the citizens of the Territories. exercise any other authority than that contained in the Constitu­ The Territory of Louisiana has been quoted as an evidence of tion. There is no inherent power anywhere in any of the de­ the power of Congress to impose just what sort of government partments of the Government. That is a false and a pernicious they pleased, but that case does not bear out the contention. It principle. That principle has been denounced from the com­ is not necessary to clothe the fohabitants of a Territory with the mencement of our Government until now; that principle is a political right of franchise until they are fitted for it. But I do principle of despotism and arbitrary rule; that principle creeps contend, and that goes back to the original contention that we into republics when they take the downward course of empire. had when the treaty with Spain was pending, that whatever ter­ The Congress of the United States is given unlimited power to ritory the United States acquires it must govern that territory make laws for certain purposes only. The Congress of the United under the constitutional limitations, not by grace, as the Secre­ States can make laws to govern the Territories. I quite agree tary of War says, but by the binding and coercive force of these with my friend from Connecticut [.Mr. PLATT], who advanced constitutional rights. . the proposition that the power to acquire neceBsarilyinvolved the There is no grace about it, sir. Every man who belongs to the power to govern even if the Constitution had been silent. I agree political community of the United States is constitutionally under with that proposition. But govern how? Govern according to the protection of the Constitution so far as individual rights go. the caprice or according j;o the unchecked volition of Congress? They can not be infringed; they can not be set aside. There is no No, sir; govern according to the Constitution of the United States; implication about it, as Judge Bradley says. There is no grace govern in that way, and in that way only; give to the Ten·itories about it, as my friend from Connecticut rMr. PLATT]' I believe, just that sort of a government under the Constitution that thefr advocated. But there is the constitutional prerogative and right condition requires. But Congress can not impose upon the Ter­ to these different constitutional privileges guaranteed in the Con­ ritories any sort of government they choose. stitution itself. Let me suppose a C"ase, Mr. President. Suppose the cession of Now, Mr. President, what particular rights of citizenship have the Northwest Territory to the old Confederation in 1787 had had been recognized by the Supreme Court? The right of free loco­ no provision that that Territory was to be carved into States, and motion is one. The right of trial by jury is another. These when Congress became the hei~ of the Confedemcy they erected rights have been passed upon by the Supreme Court and recog­ governments in that Territory, and governed the inhabitants nized as constitutional rights; and if the Constitution extends without regard to the Constitution or the amendments, and offered propriovigore in the matter of-these personal rights, how can you them no hope for a government of their own, I want to know · curtail its operation in the great principle of representative gov­ whether or not the Congress of the United States could have estab­ ernment? lished such a government there? I want to know if the treaty· Are you going to carry one part oft.he Constitution to the Phil­ between France and the United States providing for tbe incor­ ippines and leave another part at home? Are you going to guar­ poration of the Louisiana territory into the Union and providing antee to the Filipinos the right of trial by jury, the right to bear for citizenship of the inhabitants had not contained those provi­ arms, the right of free access to the United States and of free sions, whether an empire could have been established in the States egress therefrom, and are you going to deny them, after granting carved out of that territory; whether Congress would have had them these rights, the iight of a representative form of govern­ the unlimited power to govern that territory as it chose under ment? The rights are one; they are inseparable and indivisible· any laws that it might desire to adopt, and to exercise all the rights. You can not divide them. You can not separate them. rights that are now claimed to be inherent? The Constitution, proprio vigore, goes everywhere that the United What are inherent rights? Where do they come from under our States have established their power. In Murphy vs. Ramsey Constitution? You can not locate one single inherent right in any (114 U. S. Reports, page 44) Mr. Justice Matthews says: one of the branches of the Government of the United States. The personal and civil rights of the inhabitants of the Territories are se­ There is nothing contained there that the fathers and framers of cured to them, as to other citizens, by the principles of constitutional liberty, the Constitution have not given either by direct grant or that does which restrain all the agencies of government, State and national. If we concede that this discretion in Congress is limited by the obvious purposes not spring from the direct grant by necessary implication. for which it was conferred, and that those purposes are satisfied by measures I take no part or lot in the new doctrine of empire. The Con­ which prepare the people of the Territories to become States in the Union, stitution has given to the branches of the Government all the still the conclusion can not be avoided that the act of Congress here in ques­ power necessary to govern a. free and enlightened nation, and that tion is clearly within that justification. is enough. Nobody has ever yet dreamed of inherent powers un­ So again, in TheMormon Church vs. The United States (136U. S., til the glitter of empire obscured our vision and blinded our judg­ page 44), Mr, Justice Bradley says: ment. This doctrine of inherent power in any one of the branches Doubtless Congress in legislating for the Territories would be subject to of government sprang from the desire of the advocates of this those fundamental limitations in favor of personal rights which a.re formu­ lated in the Constitution and its amendments, but these limitations would theory, to govern these dependencies and colonies other than ac­ exist rather by inference and the general spirit of the Constitution from cording to the Constitution; and it can not be done. We have which Congress derives all its powers than by express and direct application either got to govern them by the Constitution, or Congress mll.St of its provisions. usurp power to govern them. Now, Judge Bradley does not say that these pr_ovisions of the Mr. President, there is another part of the Constitution that Constitution guaranteeing personal rights do not exist in the Ter­ seems to stretch proprio vigore over the Territories without any ritories, but he says they do not exist there by dil'ect application legislative action on the part of Congress. That is the provision of these rights, but rather byinference. Now, then, Justices Ful­ that "duties, imposts, and excises shall be uniform throughout ler, Field, and Lamar dissented from this proposition, and stated: the United States." Section 8 of Article I of the Constitution Congress possesses such authority over the Territories as the Constitution provides that- expressly or by clear implication delegates, * * * but the power of Con­ gress to legislate over the Territories is granted in so many words by the The Congress shall have power to lay and collect taxes, duties, imposts, Constitution.. (Article IV, section 3, clause 2.) and excises, to pay the debt.a and provide for the common defense and gen­ eral welfare of the United States: but all duties, imposts, and excises shall be In my opinion Congress- uniform throughout the United States. In my opinion Congress is restrained, not merely by the limitations ex­ pressed in the Constitution, but also by the absence of any grant of power There are two cases that I have examined with reference to this express or implied, in that instrument. * * * I regard it of vital conse­ subject. The fil'St is the case of Loughborough vs. Blake, and the quence that absolute power should never be conceded as belonging under our system of government to any one of the departments. The legislative second is the case of G"'ross vs. Harrison. The first case arose in power of Congress is delegated and not inherent, and is therefore limited. the District of Columbia and the second in California. Chief 1900. CONGRESSIONAL RECORD-SEN.ATE. 1495

Justice Marshall, in deciding the 9ase of Loughborough vs. Blake Mr. President the· first proposition of Judge Wayne in decid­ (5 Wheaton, 643), used the followmg language: ing this case is 'that California, by treaty, became a part of the The eighth section of the first article gives to Congress the "powei: to lay United States. The next is that the tariff-revenue act of the and collect taxes, duties, imposts, and excises," for the purposes theremafter United States then operating immediately attached .to that Ter­ mentioned. ritory, and that the duties to be de~anded and collected w~re Senators will pardon me for reading this decision. I know ~hey those imposed by the r~venue act, an~ 1~ cons~quen~e. of the prin­ are all very familiar with it, for it has been quoted so many times ciple of uniformity wh1ch must ob~am m the imposition and col­ that it has become almost a household word: lection of taxes throughout the Umted States. This grant is general without limitation as to place. It conse9uently ex­ These two decisions, in my opinion, ought to carry weight. tends to all places ove~ which the Government extends. D; thlS co~ld be They are not obiter; they are directly upon the point. They de­ doubted, the doubt is removed by the. su'l?8equent words w.hich modify th,e grant. These words are, "but all dutieS, UDJ?OSts, and excises shall be uru­ cide, first, that Territories are a part of the_UI?-ited Stat~s; th~n, form throughout the United States." It will ~ot be conteJ!.ded that the that our tariff laws operate ~here by the prmc1ple of uniformity modification of the power extends to places to w¥ch ~he power itself ~loes not established in the Constitution. I can myf!elf see no escape from extend. The power, then, to la;v and collect duties, imposts, andexcisesma.y these decisions. I can not see how it is possible to exact on im­ be exercised and must be exerclSed throughout ~he Umted Sta~s. Does~his term designate the whole or any particular portion of the American empire? ports from Puerto Rico into the United States any taxes what­ This learned judge uses the word "empire." He must have an­ ever. One of the grounds of the formation of ths Union. was t?e embarrassment and difficulty arising on account ~f hostile tariff · ticipated the acquisition of the Philippines- laws imposed in one Stat~ of the Con~ederacy aga!nst.another. Certainly this question can admit of but one answer. It i~ th~ name giv~n It is obvious Mr. President, that if our Constitution has any to our great Re~ublic, which is composed of Stat~s anq '.I;erntories.. Tb:e Dis­ trict of Columbia, or the territory west of tl!e Misso.~n:i, is not less within the power whateve; over the Territories this principle of uniformity of United States than Maryland or Pennsylval?.la; ai:id i~ isnot_lessn~~r7!on taxation must apply. There can be no duty levied upon the Phil­ the principles of our Constitution, that unifol"1!11ty m the unpo~tion o rm­ ippine products imported into the United States, and there can be nosts, duties, and excises should be observed m.the. one than.m the othe!'. t!ince, then, the power to lay and collect taxes, which mclude~ fil!'ect taxes, 18 no export duty levied upon any exports from that co~ntry; o~her­ obviously coextensive with the power to lay and collect duties, imposts, and wise yon will establish another government; you will estabhs~ a excises and since the·latter extends thtoughout the United States, it foll?WS different revenue system; yon will have a government of colomes that the power to impose direct taxes also extends throughout the Umted States. entirely distinct from the·Government of the United State~; you Notwithstanding this clear, unambiguous, and pertinent deci­ will have tariff duties laid according to the wisdom or unW1sdom of Congress, at least according to its vo~tion, opera.tin~ in the sion, an attempt is made to minim~e !ts w:eight by the advocates colonies in a different way from that provided for the :i>a1~nce of of imperialism, on the ground that it is obiter. the United States and without any regard to the Constitution. I Before I quote from Justice Wayne, in the case of Cross t 1s. Har­ do not see how this can be brought about. rison (21 Howard, page 82), I will briefly state the facts ~f the case. The taxes, which had been paid under protest, were disputed by The Constitution operates in this particular proprio vigore. The the plaintiff (Cross) upon the ground that the collector had no Constitution of the United States takes hold of the imports from right to demand and receive them because there were no collec­ these distant possessions and lays upon them the tariff duties that tion districts in California. There was a part of those taxes that are charged everywhere over the United States, and none other. was due under the de facto government of the Territory of Cali­ There can be none npon the imports into the United States from fornia and' a part due after the ratification of the treaty of peace those countries and there can be no othEU' upon imports from for­ betwe~n the United States and Mexico. It appears that after the eign countries into the Philippines than is exacted from the bal­ ratification and before the notice of the ratification had been ance of the nations of the world. Thei·e must be an absolute given to th~ collector in California, the taxes imposed by the mili­ uniformity, or this language of the Con~titution i~ meanin~less, or tary government were exacted, and after that pe.riod the revenue Congress has the unlimited powers which are claimed.for it: duties .of the United States were exacted, and paid under protest. Mr. President, I have diverged somewhat from a d1scuss1on of Justice Wayne, in deciding the case, said: the Constitution working of its own vigor in the matte~ of carry­ ing these personal guaranties to the Territories into a ~is~ussion By the ratification of the treaty: California became a. part of the United of the uniformity of taxation as applicable to the Terntones, led States. And as there is nothing differently stipulated i!l ~he treaty with re­ spect to commerce, it became instantly bound and pnV'1:1eged py the laws into it to some extent by the question propounded to me. which Congress had passed to raise a revenue from duties on imports and There are a number of decisions on the matter of the right of tonnage. the people of the Territories to have the constitutional gnara?ties Mr. SPOONER. If the Senator will permit me, does not that of trial by jury applied to them. In the case of Callan vs. W1lson language simply imply that there is power to stipulate in a treaty (120 U.S., page 547) the constitutional guaranty of trial by jury that might have some efficacy? was anplied to citizens of a Territory. The decision of the court, Mr. CAF.E'ERY. That is a remote inference that might be Justice Harlan d.elivering the opinion, is as follows: drawn. Such things have been done, but I believe unconstitu­ It is <'On tended by the appellant ~bat the Qonstitution of the Ut:iited Sta.tea . tionally done. I do not believe that~ treaty can ~tipulatefor a1;1y secured to him the right to be tried by a Jury, and that, the right having other duties than those that the Umted States imposes; that is, been denied, the police court was withou~ jurisdiction to iIJ!.pose a pne up~m him or order him to be imprisoned until such fine was paid. ThlS preclSe if they are different from the duties that are required to be paid question is now, for the first time, presented for determination by this under the revenue act, it would violate the uniformity of taxation. court. * * * Mr. SPOONER. Is not that where the Senator seems to differ The third article of the Constitution provides that" the trial of all crimes~ except in cases of impeachment, shall be by jury, and such trials shall be hela from the Supreme Court? in the State where the said crimes shall have been committed; but. when not Mr. CAFFERY. No, sir; I do not think so. The decision con­ committed within any State. tpe trial shall be at such place or pl™?es as the tinues: Congress may_ b~ law have directed." The fifth amendment provides that no person shall "be deprived of life liberty. or property without due process It has been sufficiently shown that the plaintiffs had no right to land their of law." By the sixth amendment 1it is declared that in "a.11 crim.ina prose­ foreign goods in California .at the times w~en theU: ships ar!tyed with them, cutions the accused sha.11 enjoy the right to a S.Peedy and public trial, by an except oy a compliance with the regulations which the civil government impartial jury of the State and district wherem the crime ~l have been were authorized to enforce, first under a war tariff, and afterwards under committed, which district shall have previously been ascertamed by law the existing ta.riff act of the United States. By the last, foreign goods, as and to be informed of the nature and ca.use of the accusation; to be con­ they are enumerated, are made dutiable; they are not so because they are fronted with the witnesses against him, to have compulsory process for o~ brought into a collection district, but beca.use they are imported into the taining witnesses in his favor, and to have the assistance of counsel for hlS United States. .The tariff act of 184fi prescribes ;what that duty shall be. Can defense." * * * any reason be·given for the exempt10n of foreJ.gn goods from duty because The contention of the Goven1ment is that the Constitution does not i:e­ they have not been entered and collected at a. port of delivery? The last be­ quire that the right of trial by jw-y shall be secured to the people of the DlS- come a part of the consumption of the Cf this Distric~ may !J1:1 la;wfully tution which enjoins that all duties, imposts and excises, shall be uniform deprived of the benefit of any of the conshtut10nal guaranties of life, liberty, and pro_llerty, especially of the privilege of trial by ~ury in criminal cases. throughout the United States. Indeed it must be very clear that no such In the draft of a. constitution reported by the committee of five on the 6th right exists, and that there was ~oth~g in the condition of California to ~x­ day of August, 1787, in the convention which framed the Constitution, the empt importers of forei~ goods mto it from the payment of the same duties which were chargeable m the other ports of the United States. As to the fourth section of Article XI read that "the trial of all criminal offenses (ex­ denial of the authority of the President to prevent the landing of foreign cept in cases of impeachment) shall be in the States where they shall have been committed, and sha.11 be byjury." (I Elliott's Deb.,~·) But th~t article o~t nece~­ goods in the United States of a collection district._ it can

1496 CONGRESSIONAL RECORD-SEN.A.TE. FEBRUARY 5,

was upon the unanimity of a verdict. ·rhe court, Mr. Chief Jus­ tbe_Uni~d Sta~es co1!1ing within ~he Ten:it-Orial jurisdiction of th.e tice Fuller delivering the opinion, say: Umted States is entitled to a trial by Jury. Where, Mr. Pres1· In our opinion the seventh amendment secured unanimity in finding a. dent, will these implied powers end, if a citizen of the United verdict as an essential feature of trial by jury in common-law oases, and the States can be jerked up and tried without a jury? act of Congress could not impart the power to change the constitutional rule, and could not be treated as attempting to do so. Mr. President~ I had a quotation from Mr. Webster, whose great argument with Mr. Hayne almost broke down, if not quite The act of Congress was set aside as unconstitutional because broke down, the theory that the Constitution was the resultant it provided for a verdict that was rendered by a less number than of a compact between the sovereign States and not the result;.. twelve. ant of the will of the people. As I can not now lay my han 1 on The case of Thompson vs. Utah (170 U.S., page 346) is to the the quotation, I will read one from a contemporary of his who same effect. The court, Mr. Justice Harlan delivering the opin­ held precisely the opposite view about the Federal Constitution. ion, say: Mr. TELLER. The opposite view? - That the provisions of the Constitution of the United States relating to the right of trial b;y- jury in suits at common law apply'to the Territories of the Mr. CAFFERY. Yes, in regard to the nature of Federal Con­ United States IS no longer an open question. stitution; one who was equallyas emphatic as Mr. Webster. I re­ On page 350 the court say: fer to the great statesman of South Carolina, Mr. Calhoun. I quote from his speeches, page 411 of his works, volume 4: It must consequently be taken that the word jury and the words trial by jury were placed in the Constitution of the United States with reference to That it would be contrary to the ~enius and character of our Government the meaning affixed to them in the law as it was in this country and in Eng­ and subversive of our free popular mstitutions to hold Mexico as a subject land at the time of tbe adoption of that instrument; and that when Thomp­ province is a proposition too clear for argument before a body so enlightened son committed the offense of grand larceny in the Territory of Utah-which as the Senate. You know the American Constitution too well- yon have was under the complete jurisdiction of the United States for all purposes of looked into history, and a.re too well acquainted with the fatal effects which government and legislation-the supreme law of the land required that he large provincial possessions have ever ha.don the institutions of free states-­ should be tried by a jury composed of not less than twelve persons. to need any proof to satisfy you how hostile it would be to the institutions of this country to hold Mexicoas a. subject province. There is not a.n exa.mP-le I would not cite these opinions were it not that this unlimited on record of any free state holding a province of the same extent and popula.­ power of Congress to dispense with the guaranties of the Consti-· tion without disastrous conseg.uences. ·The nations conquered and held a.s a tution in the matter of jury trials had been urged in this Cham­ province have, in time, retaliated by destroying the liberty of their con­ querors through the corrupting effect of extended patronage and irrespon­ ber. I believe the Senator from Vermont [Mr. Ross) quoted a case sible power. Such, certainly, would be our case. The conquest of Mexico in In re Ross which he thought established the fact that even in would add so va.stly to the patronage of this Government that it would the matter of jury trials the Congress of the United States could absorb the whole powers of the State; the Union would become an imperial power, and the States reduced to mere subordinate corporations. But the set aside the guaranties in the amendments to the Constitution. evil would not end there; the '.process would go on, and the power trans­ ' The decision in In re Ross is found in 140 United States, and this ferred from the States to the Union would be transferred from the legisla­ is the opinion of the court: tive department to the Executive. .A 11 the immense patronage which holding it as a province would create-the maintenance of a Jarge army to hold it in By the Constitution a government is ordained and established "for the subjection and the appointment of a multitude of civil officers necessary to United States of America" and not for countries outside of their limits. The govern it-would be vested in him. The great influence which it would give guaranties it affords against accusation of capital or infamous crimes, except the President would be the means of controlling the legislative department by indictment or presentment by a grand jury, and for an impartial trial by and subjecting it to his dictation, especially when combined with the prin­ a jury when thus accused, apply only to citizens and others within the United ciple of proscription which has now become the established practice of the States, or who are brought there for trialfor alleged offenses committed else­ Government. The struggle to obtain the Presidential oha.ir would become where, and not to residents or temporary sojourners abroad. (Cook vs. United proportionabty great--sogreat as to destroy the freedom of elections. The States, 138 U. S .. 157, 181.) The Constitution can have no operation in an­ end would be anarchy or despotism, as certain as I am now addressing the other country. When~ therefore, the representatives or officers of our Gov­ Senate. ernment are permittea to exercise authority of any kind in another country, it must be on such conditions as the two countries may agree, the laws of I believe those words are prophetic. I believe that the end of neither one being obligatory upon the other. The deck of a private Ameri· can vee.sel, it is true, is considered for many purposes constructively as terri­ empire is destruction. I believe when the Constitution of the tory of the United States, yet persons on board of such vessels, whether United States is wrenched from its moorings and carried into officers, sailors, or passengers, can not invoke the protection of the provisions these remo~ seas and is established there in despotic sway, that referred to until brou~ht within the actual territorial boundaries of the United States; and, besides, their enforcement abroad in numerous places it is the beginning of the end of the Republic. All these evils where it would be highly important to have consuls invested with judicial spoken of by Mr. Calhoun would necessarily fl.ow, all the vast pat­ authority would be impra.cticable from the impossibility of obtaining a com­ ronage which proconsular appointments to those distant posses­ petent grand or petit jury. The requirement of such a body to accuse and · to try an offender would ma majority of cases cause an abandonment of all sions would give, all the innumerable jobs which would spring prosecution. The framers of the Constitution, who were fully aware of the from such possessions,-would necessarily corrupt the people at necessity of having judicial authority exercised by our consuls in·non-Chris­ home just as the proconsuls of Rome corrupted the Roman citi· tian countries, if commercial intercourse was to be had with their people, zens an

have been scattered and dissipated throughout the 13 original their sovereign national capacity, and that Declaration has as colonies, existed throughout the war of independence; and when much strength a:od bearing as if it were incorporated as an article the war was over, the same people who framed the Declaration of of the Constitution of the United States, for that Constitution is Independence framed the Constitution of the United States, and framed upon this Declaration. The Constitution only carries into there has never yet been a statesman of any merit or distinction execution the general principles of government announced in the in the United States who has ever held that the people of the Declaration of Independence. United States were not the ultimate foundation of all sovereignty, Mr. SPOONER. Will the Senator permit me to ask him a that the people of the United States themselves did not constitute question? · · sovereignty, And who are the people of the United States, Mr. Mr. CAFFERY. Certainly. President? For whom was the Constitution of the United States Mr. SPOONER. Does the Senator carry his contention under framed? · Was it framed entirely for the people then living and the Declaration of Independence to the extent of asserting that the the heirs of their body? When the representatives of the people United States has no constitutional power at the end of a war with sent forth the Constitution of the United Stat.es, they declared a foreign government, and in settlement of it, to exact and to ac­ that they ordained and established that Constitution for them­ cept inhabited territory as a ceded conquest without the consent selves and their posterity in order that they might enjoy the of its inhabitants? Does the Senator apply the doctrine for which blessings of peace and liberty. he is con tending to such a case as that? · And who, Mr. President, are the posterity of the framers of the Mr. CAFFERY. I do. I contend, in answer to the question of Cons ti tu tion? The Constitution provides for naturalizing foreign­ the Senator from W~consin, that we can wage no war of con- , ..i ers. Will anyone say that the 10,000,000 Germans in the United quest. I contend that every line and word of the Constitution of States are not our "posterity" in the sense that word is used in the United States only authorizes us to make war for the common the Constitution of the United States. Have they not been defense. "adopted" by naturalization? Will anyone deny that any human Mr. SPOONER. Then the Senator contends that the acquisi­ being taken within the jurisdiction of the United States is the tion of California from Mexico at'"the end of the Mexican war was posterity spoken of by the framers of the Constitution? When unconstitutional. the population of the province of Louisiana were taken in by Mr. CAFFERY. I do not. adoption they became heirs to all the privileges and immunities Mr. SPOONER. Then the Senator admits that we may take at and rights granted by the Constitution of the United States to the end of a war, justifiable in its inauguration and conduct, "in­ freemen coming within the operation of its provisions and coming habited territory as indemnity, accompanied by cession, without under the jurisdiction of its flag. the consent? · · Mr. President, I am not entirely without support in the con­ Mr. CAFFERY. Mr. President, that depends upon the nature tention I make that the Declaration of Independence is a part and and character of the territory and its inhabitants, and it.s inhab­ parcel of our organic law. Sir, that Declaration stated the foun­ itants especially. If there is a people, if there is a nationality, if dation of government. It stated that all governments derive their there is the germ of nationality, you must procure the consent of just powers from the consent of the governed. That is the living, that people or yon violate the fundamental principles of the Con- energizing principle of the Declaration of Independence, and that stitution of the United States. . is incorporated as a part of the Constitution of the United States. Mr. SPOONER. Then, if the Senator will permit me, his con­ In pursuance of that Declaration the Constitution of the United tention is that we have no constitutional power at the end of a States was framed so as to give representative government, and war between ourselves and another government .to accept by way so that the consent of the governed could be had in an unmistaka­ of indemnity and take a cession of the territory of another gov­ ble form. ernment, or another nation, not a party to the war. That I agree to. In.this connection I will state that it does not make any differ­ · Mr. CAFFERY. I did not contend that we could not take by ence whether the consent of the governed is expressed in one form agreement the territory of another nation not at war. I said we or another. Any government of civilized people which is toler­ could not take the territory of a nation with whom we were at ated by that people, which is acquiesced in by that people, is pre­ war if that territo1·ywere inhabited by a people with the germ of sumably the-government of their conse.nt. Would anyone say nationality and with a capacity to give national consent. the constitutional monarchy of Germany is not a government Mr. SPOONER. Ok! founded upon the consent of the governed? I think not. Would Mr. CAFFERY. Mr. President, I see-- anyone hold that the voluntary obedience of a half-civilized peo­ Mr. SPOONER. The Senator will permit me. Do not almost ple to their rulers, that their acquiescence in a government for every people have the germ of nationality? ages, for instance, the ancient Empire of China, is not a govern­ Mr. CAFFERY. No, sir. A wandering, nomadic tribe has no ment founded on the consent of the people? I think not. But in nationality. A scattered, roving band of Indians have no nation­ order to give the consent of the people an active forJll, the Consti­ ality or any step or progress toward nationality. tution of the United States, modeled and grounded upon the Dec­ Mr. SPOONER. I said the germ of nationality. That is what laration of Independence, provided for a representative form of the Senator from Louisiana said. government. I quote from Pomeroy on Constitutional Law, page Mr. CAFFERY. They have not the germ of natiDnality. They 36, section 52: have no starting point and they end nowhere. , Again, the Declaration of Independence was not the work of thirteen sepa­ But, sir, under the Constitution of the United States, in my rate colonies, each acting in an assumed sovereign capacity, but of the united opinion, the Declaration of Independence forming a part and colonies, acting in a national capacity, through then- delegates in Congress assembled. '.rhis Congress did not propose the Declaration to the States and parcel of that august instrument, yon can not take any people recommend its adoption by their local legislatures; nor did it need such in­ who have the capacity to form a government and have the germa dorsement to give it validity. State ratification, when made, was a work of of nationality into the territory of the United States without their supererogation. '.rhe Declaration was finally and forever established by the consent. You can not take the Canadians without their consent. whole independent political society, through the means which they had ap­ pointed. The lan~uage of the instrument itself indicates its nature and its If a war was waged against Great Britain and the United'States origin. Nothing is said of the independence of the several States, but the triumphed, as everybody knows she woqld triumph, and Canada ·operative clauses indissolubly combine the idea of organic unity and nation­ was sought to be taken by the United States to indemnify the ality with that of independence. "We. therefore, the representatives of the United States of America, iu general Con~ess assembled, appealing to the United States for the expenses incurred in that war, I do not be­ 8upreme .iudge of the world for the rectitude of our intentions,. do, in the lieve, without a violation of our organic instrument, without a name and by. the authority of the good people of these colonies, solemnly violation of our traditions of government, without a violation of publish and declare, that these united colonies are, and of right ought to be, free and independent States- that Declaration made on the 4th of July, 1776, that yon could take those people and force upon them the Government of the This Declaration is made by and in the name of the good people United States without their will or consent. of the colonies, declaring their independence of the British Crown­ Mr. SPOONER. If the Senator will allow me-- " that they are absolved from all allegiance to the British Crown. and that all political connection between them and the State of Great Britain is, and Mr. CAFFERY. That is the position that I a.ssume. ought to be, totally dissolved." Mr. SPOONER. Why? Will the Senator say why not? * • * - * * • * Mr. TELLER. Give us a reason. There never was, in fact, a moment's interval when the several States Mr. CAFFERY. Why not? were each independent and sovereign. While colonies they unitedly resisted, revolted, declared that combined political society independent. The blow Mr. SPOONER. Yes. which severed the connection with the British Empire did not leave a disin­ Mr. CA~~ERY. Becau·~e i~ is repugnantnotonlytothe genius tegrated mass made up of thirteen communities, now independent; it left a and the spirit of our Const1tnt10n, but it is repugnant to the very united m'lSS, a p olitical unity, a nation possessing the high attributes of sov­ ereignty, which it had just exercised. The United States was then a fact letter of that document, which, though not contemporaneous, is and no power but that which called it into being-the people-is competent linked in with the Constitution and becomes a part of the Con­ to decree the national destruction. stitution, and is the corner stone of the Constitution ·which you Here is the opinion of a very distinguished constitutional author have adopted in every: ordinance that you have made, which per­ who can not be accused of any desire to1imi.t any of the powers of vades the American mind, which is a part of their political rights the Federal Government-that is manifest from an examination and political heri~age, and which when it departs liberty will of his writings-who declares that the Declaration of Indepehd­ depart· and free government depart. That is what I believe. I .ence was the act of a political unit, the people of the colonies in believe that our ancestors in tbat Declaration of Independence 1498 CONGRESSIONAL RECORD-SENATE. FEBRU.A.RY 5, did more than to announce a principle of government for them· Mr. TELLER. I should like to ask the Senator from Louisiana selves directly; they announced it for the world and the world a question. has profited by it. · The PRESIDING OFFICER. Does the Senator from Louisi· . I believe in no war of aggression. I do not believe you can ab­ ana yield to the Senator from Colorado? sorb any people who are a people against their will and consent; Mr. CAFFERY. Certainly. and I believe, from the facts as detailed by our own officers and Mr. TELLER. The Senator seems to think if there is an organ- observant travelers, that the Filipinos are such a nation and have ized society, then it must be consulted. the germs of a national life, and that we can not, without violation of our Constitution itself, kill them to civilize them, slaughter Mr. CAFFERY. I do. them to give them liberty. That is what I do not believe you Mr. TELLER. Was there notan organized society in Louisiana? can do. Mr. CAFFERY. No, sir. Mr. BEVERIDGE. Will the Senator from Louisiana permit Mr. TELLER. Yon say there was not? me to ask him a question? Mr. CAFFERY. No, sir. Mr. CAFFERY. Certainly. Mr. TELLER. Then I will put the question as to other sections Mr. BEVERIDGE. The Senator said, in answer to the ques­ that I think you will have to admit, although I could challenge tions of the Senator from Wisconsin, that it all depended upon your statement that there was not an organized society there. whether or not these people had the germ of nationality or were They had a government. in reality a people. Mr. CAFFERY. That is a difference of opinion about a matter Mr. CAFFERY. Yes, sir. of fact. I do not think there was. Mr. BEVERIDGE. Who is to det011lline whether they have the Mr. TELLER. Take the province of California, which wa'8 a germ or not? political organization and had been for many years. The same Mr. CAFFERY. That is 1argely to be determined by the.con­ was true of New Mexico. Both of them had governments and all science and the judgment of both parties. We can not assume to the appliances of civilized governments, of course, under the gen­ deny a nationality that exists as a matter of fact. Suppose we eral power of Mexico. Now, was it necessary to consult them? had taken Spain. From all accounts the Filipino government is Mr. CAFFERY. Mr. President, it was not. quite as good as that of Spain. The Filipino had almost as much Mr. TELLER. Will the Senator tell us why? liberty as the individual Spaniard. Now, suppose that instead of Mr. CAFFERY. Because they had nothing but a municipal ta.king the Philippines we had chosen to take the Kingdom of life. They had r-o national life. Spain as indemnity, could we assume to sa.y that they did not Mr. TELLER. But they were a part of a national life. have a national life? Mr. CAFFERY. The territory was so vast, the population was Mr. SPOONER. Will the Senator from Louisiana permit me? so scattered, that it was impossible in that particular instance that Suppose we had chosen, after a long and expensive war with Spain, there should have been either an incipient or a complete national to take a portion of the Spanish domain as indemnity, would we life. Now, then, if we do, under the stress of circumstances! take have been obliged to have asked and obtained the consent of the territory inhabited by a sparse population, and that population has inhabitants of that portion? no capacity to give or to withhold a national consent, I do not see Mr. CAFFERY. I think so. . any objection to taking them within our territory. Now, in the Mr. SPOONER. And if they did not consent, would we be pre­ case of Louisiana-- cluded from any indemnity by way of territory? Mr. SPOONER. Then, if the Senator will permit me-- Mr. CAFFERY. I think so, sir. If they are a part of that Mr. CAFFERY. Permit me to state. Just pardon me for a nationality, you can not segregate them. You could not destroy moment. the nationality piecemeal. Yon could not take part of Barcelona Mr. SPOONER. Certainly. or Cadiz, a part of Castile and a little part of Andalusia, and leave Mr. CAFFERY. My friend from Colorado has stated that he the Spaniards confined to the middle of the te1Titory. thinks that there was a national life there. Now, in that whole Mr. SPOONER. Did we not destroy the nationality of Mexico territory, running from almost the Canadian border to the Gulf piecemeal when we took a part of Mexican territory and its in­ and west of the Mississippi River to the territories of Spain and habitants? California, the whole number of inhabitants, acc0rding to the Mr. CAFFERY. I think not. census report taken by a United States collector of customs, I Mr. SPOONER. We did not? think, in 1803, amounted to but 49,000 people. Mr. CAFFERY. No. Mr. TELLER. That is quite right. Mr. TELLER. Why not? Mr. CAFFERY. There were about 8,000 of that population in Mr. SPOONER. Then the Sena.tor w.ould say we would have the city of New Orleans. The parishes-they were then called par­ had no power to take Puerto Rico as indemnity if any of the ishes, for the subdivisions of my State instead of being called Puerto Ricans had objected? counties are called parishes-were very thinly settled. All of that Mr. CAFFERY. I am not aware that the Puerto Ricans had territory, 1,800,000 square miles of territory, larger in area than national life. . the whole of the Northwest Territory with the original thirteen Mr. SPOONER. Ohl States, was only inhabited, black and white, by 49,000 people. Mr. CAFFERY. I do not know whether they had or not. I Mr. SPOONER. Will the Senator permit me? Tney were not rather think they had. I think they had more than the Cubans. nomadic tribes, were they? Mr. SPOONER. Then the germ of nationality is a little dif­ Mr. CAFFERY. Theywere notexactlynomadic, buttheywere ficult to define? mostly pioneers, adventurers. The mass of the population was Mr. CAFFERY. Well, it is. I admit that. Every case de­ congested in the city of New Orleans. But here was this immense pends on its own circumstances. territory, big enough for an empire. You can not say there was Mr. SPOONER. I only want to get at the Senator's views. a national life or any approach to a. national life in that territory. Does he say that we would have had no power to exact as in­ Mr. SPOONER. Does the Senator mean to say that pioneers demnity at the end of the war Puerto Rico if it had not been entirely have no right to come in under the Declaration? agreeable to its people? · Mr. CAFFERY. No; I do not mean any such thing. Pioneers Mr. CAFFERY. In this particular war we had no right to ex­ have as much national life as anybody, if they get together into act any indemnity from anybody. an organized society, as a matter of course. · Mr. SPOONER. But leave that out. On general principles? Mr. SPOONER. Does the Senator mean to say that 49,000 peo­ Mr. CAFFERY. On general principles I would state that I do ple have not as much right to consent and to govern under the not think we would have the right. Declaration? Mr. SPOONER. Then the Senator would say that the United Mr. CAFFERY. I do not say any such thing. I say that the States, unlike any other na~on in the world, is precluded by the 49,000 people, inhabiting an area of 1,800,000 square miles, was a Declaration of Independence from a~cepting or exacting at the population practically so small in comparison to the area, having end of a war as indemnity inhabited territory unless it is inhab­ nothing but a municipal government under the authority of ited by nomadic tribes without a germ? Spain, they had no national life and could not have any national Mr. CAFFERY. Well. life. Mr. SPOONER. That is, people who never could become, Mr. SPOONER. That depends not only on the number of peo­ under any circumstances, a nationality. ple, but upon the size of the territory? Mr. CAFFERY. Mr. President, Iwoulddropthemlike I would Mr. CAFFERY. It does not, sir. If there are 49:000 people in a hot potato if they had the germ of imperialism, whatever sort any little republic on God's earth or any little empire or kingdom of nationality they had. I think that is one of these microbes that has an organized government, that have their courts, their that eats its poisonous way into the vitals of republics. But this system of government, that society is protected against American is a cross-examination, Mr. President. Of coui·se I am only laying aggression under the Declaration of Independence. down the general principles. But that sort of a society is by no means paralleled by the con- · Mr. SPOONER. Oh, I beg the Senator's pardon. dition of Louisiana. Here was a vast territory, most of it uninhab­ Mr. CAFFERY. I do not object, as a matter of. course. ited~ I believe that that territory was properly acquired, and any /

#

/ 1900. CONGRESSIONAL RECORD-SENATE. other territory nnder the same conditions would be properly ac- was this: Whether if Mexico sP,ould wage war upon us in the quired. • · prosecution· of a war originating in self-defense, which oftentimes l\ir. TELLER. So do we. We believe that. and nearly always involves aggression, that course were pursued, Mr. CAFFERY. And I believe the mass of the people there, if and we should insist upon a part of Mexico, whether we would be a vote had been taken, would have voted to come into the United obliged to consult the inhabitants? States; all, perhaps, except the French residents of the city of New M.r. CAFFERY. I will answer that question precisely as I Orleans. · answered the Senator from Connecticut. Yes. · Mr. PLATT of Connecticut. Now, may I ask the Sena.tor a l\Ir. SPOONER. If we took it as indemnity? question? Mr. CAFFERY. We can not take it as indemnity against the Mr. CAFFERY. Certainly. consent of the Mexicans. I answered that question distinctly. Mr. PLATT of Connecticut. The Senator is very kind in yield­ Mr. SPOONER. Then, what is there left to the United States? ing. But suppose Mexico makes war upon us, and we carry the Mr. CAFFERY. Mr. President, we have a.n empire left. We war into Mexico and conquer Mexico? covet no other portion of God's earth than that we possess. Re­ Mr. CAFFERY. Yes. publics have been weakened bythese extensi:ve dominions stretch­ Mr. PLATT of Connecticut. Have we got to consult the peo­ ing abroad in every direction. Our strength lies in maintaining ple there as to what we will do? our institutions at home. Our strength lies in developing our Mr. CAFFERY. Yes, sir. You can not wage any war of ag­ own resources. Our strength did not come from distal)t foreign gression. It is not only ingrafted into our political framework of acquisition, and it never will come from such acquisitions. Weak­ government, but there is the authority of the United States Su­ ness rather, Mr. President, comes from extensive and distant for­ preme Court maintaining that position, the case of Fleming vs. eign dominions. We have an instance of it right now. The great­ Page, and also in a case in which Mr. Justice Clifford rendered est power of the earth is trembling to her very center in a war the opinion of the court. waged against less than a million of freemen in the Transvaal; aud if England's weakness iseverdemonstrated totheworld it will be [Fleming vs. Page, 9 H~ward, page 614, Chief Justice Taney.] through her extensive dominions abroad. She trembles to-day at But the genius and character of our institutions a.re peaceful, and the power to declare war wa.s not conferred upon Congress for the purpose of the specter of the Russian Bear crawling over the Ural Moun­ aggression or a.ggrandizem.ent, but to enable the General Government to vin­ tains, and well she may tremble at the result of the contest in the die:\te by arms, if it should become necessary, its own rights and the rights Transvaal. of its citizens. A war, therefore, declared by Congress can never be presumed to be waged There the whole power of that mighty empire is unable to for the purpose of conquest or the acquisition of territory; nor does the law subdue 1,000,000 people, and half of them black. There is no declaring the war imply an authority to the President to enla.J."ge the limits strength in these extended dominions. There was no strength in of the United States bysubjugatin~theenemy'scountry. The United States, it is true, may extend its boundaries by conquest or treaty, a.nd may demand them to the Roman Empire. Her downfall was precipitate, sud­ the cessfbn of territory as the condition of peace in order to indemnify its den, and crushing when she went beyond the seas, the Adriatic, citizens for the injuries they have suffered or to reimburse the Government the Mediterranean, and the Atlantic, to subdue the nations of the - for the expenses of the war. But this can be done only by the treaty-making .power or the legislative authority, and is not a part of the power conferred earth. The very moment you take in such people as the Mexicans upon the President bv the declaration of ~ar. As Commander in Chief he and the Filipinos and these unassimilative nations, that very mo­ is a.ut.nortzed to direct the movements of the naval and military forces ment you have inoculated our own Republic with a poison which plcaed by law at his command and employ themin the manner he may deem will circulate through every vein in its political body. . most effectual to harass and conquer and subdue the enemy. He may invade the hostile country and subject it to the sovereignty and authority of the I do not believe that there is any warrant, any constitutional United Ste. tes. But his eonquests do not enlarge the boundaries of this Union warrant anywhere, to take foreign territory as an indemnity or nor ex.tend the operation of our institution and laws beyond the limits before any other way against the consent of the people from whom you assigned to them by th~ legislative power. take it, if they a.re in a position to give a national consent; and at Mr. BEVERIDGE. Will the Senator from Louisiana permit that doctrine I do not halt, whether it is a. little republic or whether me a question? it is a vast empire. • Mr. CAFFERY. Certainly. Now, Mr. President, look at the condition of th~ world to--day. Mr. BEVERIDGE. The Senator said in answer to the question Germany, France, England, and Russia are all greedy and vora­ of the Senator from Wisconsin that thew hole thing depends upon cious, ready to gobble up the Chinese Empire and partition it out whether the individuals have a germ of nationality, and in answer among them as a piece of personal property. The Declaration of to my question the Senator said that whether they had this germ Independence says to· us, "Beware, beware of such acquisitions of nationality would have to be determined by consulting the con.; of territory.'' Not only I do not believe that th~ acquisition of science of both parties. foreign territory and an unassimilative people against their con­ Mr. CAFFERY. I think so. sent is weakness, but I believe it is an outrage and a crime. I Mr. BEVERIDGE. Now, passing over the rather pertinent believe it was weak and atrocious to take these people in the query as to how yon would find out what the conscience of both Philippine Islands who are :fighting for their independence and, parties answered, suppose that the conscience of one party an­ under the Pecksniffian garb of humanity, to murder and butcher swered one thing and the conscience of another party answered them in order that they might enjoy the benefits of American the other thing, then where are you? Are you not simply at the liberty. . point where you are going to do just what the conscience of the Now, Mr. President, my amiable friends have diverted me a. party that is th13 stronger says? Is not that where the Senator's good deal. I want to say that there is warrant in the Constitu­ argument ends? tion of the United States to justify the position I assume-that Mr. CAFFERY; No, sir. My arguments never end in force. every particle of territory that we take in the United States, It is the argument of force, Mr. President, that has been pushed whether unduly or not~ becomes a part and parcel of the United forward before the Senate to vindicate the action of the United States; that the whole Constitution, ;not only the Bill of Right.a, States in taking the Philippine Islands. but the whole Constitution, proprio vigore, extends to that kind Mr. SPOONER. Mr. President- of acquisition. The Constitution declares that- The PRESIDING OFFICER. Does the Senator from Louisiana This Constitution and the laws o} the United States which sh~ ~made yield? in pursuance thereof and all treaties made or which shall be ~de nruier the Mr. SPOONER. Will the Senator permit me? authority of the United Stat.es shall be the supreme law of the Jo.nd. .._ Mr. CAFFERY. Certainly. Of what land? Of any land, all lands, every possession over Mr. SPOONER. Then the Senator, if he will pardon me for which the jurisdiction of the United States extends. You ean not saying it, did not answer the question put by the Senator from limit that phrase at any one time to certain boundaries. If the Connecticut. The Senator from Connecticut-- · ~nstitution is supreme over all the land, how are you going to Mr. CAFFERY. The Senator from Connecticut is perfectly circumscribe the land which yon yourself have brought within quiescent. He has not complained, and the Senator from Wis­ the jurisdiction of the Constitution. Whether ex invito, whether consin is not his brother's keeper in this regard. by their free will and consent or not, the Constitutien, proprio Mr. SPOONER. No, sir; but I am seeking for information, vigore, works there. and I value the Senator's views. Why, sir, the pretension is made here that Congress not only Mr. CAFFERY. I am much obliged to the Senator. have power to rule despotically, but they have power to create a Mr. SPOONER. I regard him as a very able lawyer; I have new form of government, founded on a new principle. The de­ never known a man anywhere who had stronger convictions or duction of my friend from Connecticut, for whom I have the great­ exhibited more moral courage in adhering to them than the Sena­ est respect, that because the nation is supreme therefore Congress tor, and I should be very sorry if he considered any interruption is supreme is to my mind a monstrous deduction, not warranted by by me as other than respectful. the premises, one repugnant to every line and letter of the Consti­ Mr. CAFFERY. · I beg pardon of the Sena.tor; I do not think tution and to the spirit that breathes through that whole instru­ so at all. It is only a little bit of pleasantry. I am much obliged ment. to the Senator for his highly complimentary phrases. Mr. President, the power given to Congress to make all needful Mr. SPOONER. Well, they are sincere. The question which rules and regulations for the government of the Territories is the Senator from Connecticut put to the Senator from .Louisiana ·nothing but a grant-Of an administrative power. Can Congress

- 1500 CONGRESSIONAL RECORD-SEN.ATE. FEBRUARY 5,-

make any and every rule and regulation it deems wise and proper? · Mr. PLATT of Connecticut. It has been. No, sir. , Mr. CAFFERY. When the President o~ the United States ap­ Mr. SPOONER. What does it mean, then, if the Senator will points the governor of a Territory, he appoints that governor as permit me, by saying ''all needful rules and regulations?" the initial step toward statehood. He does not appoint that gov­ Mr. CAFFERY. It means just what it says. It means that ernor to continue during life, another governor to follow him, the Congress of the United States can only administer these Ter­ and another governor to follow him, down to the last syllable of ritories under and by vfrtue of the provisions of the Constitution recorded time. Your permanent plan establishes empire. Yon of the United States, and it means nothing else.- But the mean­ have assumed greater power than the German Kaiser exercises. ing of the imperialists is that side by side with this Republic ·you He has no such power in Germany, and there is not a despotismin erect an empire. Taking this Republic as a foundation, you erect Europe-there are very few now there-there is not a government on its base a superstructure of tyranny and despotism. That is of Europe that would leave such unlimited power in the hands of the principle; that is your argument-govern at will; govern un­ the President as that contended for by the gentlemen who advo­ limitedly; we have the inherent power; there is nothing to re­ cate the policy of imperialism. Govern those people pe1·petually, strain us; the Constitution has given it to us. I deny that propo­ permanently, without representation, without any voice in the sition. You can not infer absolutism from a grant of administra­ Government-if that is not despotism, Mr. President, I should tion. That grant must be confined to the purpose for which it like to know what despotism is; if that is not tyranny under the was given, and that purpose is to govern these Territories under American view, -! should like to know what tyranny is. the pWf1sions of the Constitution, and no other purpose. · The truth is, if the Senator from Indiana is to be taken as an I will not say anything, Mr. President, in regard to the consti­ authority on that point, we had no business ever to take those tutional purpose for which we can take territory. Notwithstand­ islands. If those people are incapable of self-government, as he ing the decision in the Dred Scott ca8e is belittled and derided, says they are, then you have ingrafted perpetually upon the that part of the decision which says that the only constitutional American Government a foreign growth, to be controlled, neces­ purpose for which we can acquire territory is to make new States sarily, by some central despotic power here; and that, I say, is has never been controverted, and can not be successfully contro­ repugnant not only to the letter, but to the spirit of our Con­ verted. stitution. The opinion of Mr. Webster and Mr. Calhoun and I believe the Mr. BEVERIDGE. Will the Senator yield to me? opinion of every distinguished man of their period was that there Mr. CAFFERY. Yes, sir. · was no power in the Constitution of the United States for Congress Mr. BEVERIDGE. I understand the Senator to say that if to take and to hold as subject colonies the territories acquired by those people are incapable of self-government, then it is necessary the United States. that they should be gov~ned by a central and, as he says, despotic · Wbat do you do if you carry out the doctrine of the brilliant power? "-.,.- ·unior Senator f:rom Indiana fMr. BEVERIDGE]? You make a new Mr. CAFFERY. Yes, sir; but let that central and despotic kind of government; you establish a tyranny, a despotism, in the power be one established by themselves, if they want it; let us Philippine Islands; you hold them perpetually in sway; you es­ keep our hands off of all despotism, and let some other hands en­ tablish a proconsular government. It is a delightful piece of in­ joy the beneficent pleasure of ruling a subject people. formation to be told that our foreign governors will be highly Mr. TELLER. Will the Senator allow me to ask him a ques­ gifted men, so much so that their government will have a bene­ tion? ficial, reflex action upon us at home. It is very delightful to be Mr. CAFFERY. Certainly. told that; but I had rather confine myself as to the consequences Mr. TELLER. Does the Senator from Louisiana contend that of that sort of government to the experience of all past ag'es, to the Constitution of the United States is in force in the Philippine the experience of all republics, proving that sort of government Islands? . was absolutely destructive of the republic which undertook it. Mr. CAFFERY. The military arm of the Constitution is in You can not create a government by implication. Is it not won­ force; not the peaceful arm of it. derful, sir, that the framers of the Constitution of the United Mr. TELLER. But I want to know whether the Constitution States should have undertaken to guard so sedulously, so carefully, is there irrespective of any restriction? the liberties of the people against our own governors here at home, Mr. CAFFERY. It is there constructively; it is not there ac­ our own functionaries right here, where a vigilant people and an tually; and you do not propose to put it there actually. enlightened press could take note of every departure from the Mr. TELLER. But how can we put it there actually? That is principles of liberty, and should have given Congress the power the question. · · to establish in distant lands beyond the sea an empire beyond con­ Mr. CAFFERY. Well, Mr. President, the Senator from Colo­ trol of the people, without any of the safeguards that our fathers rado knows just as well as I do that the Filipinos and we have provided for the security of our liberties? been waging war against each other ever since last February, just Mr. PLATT of Connecticut. Will the Senator permit me to a year ago, and that it has been impossible for us to have an actual ask him a question? possession of that territory. I do not see any point in stating Mr. CAFFERY. Yes, sir. whether the Constitution is a-etually there or not in view of the Mr. PLATT of Connecticut. Will the Senator from Louisiana military operations going on in that territory. tell the Senate what he means by our establishing an empire in Mr. PLATT of Connecticut. I desire now to ask the Senator the Philippine Islands? a question, for which I have previously obtained his consent. Mr. CAFFERY. I mean this, Mr. President: I mean that the Mr. CAFFERY. Very well. power is contended for that Congress can establish in the Philip­ Mr. PLATT of Connecticut. I assume two things: First, that pine Islands, or in any other territory that we may acquire, just we are in possession of the Philippine Islands and have a legal such a goverp.ment as Congress pleases, and that that government title there; second, that the people there are not capable of self­ shall be made permanent if Congress shall please. That is what govemment. What, under those circumstances, shall we do? I a.ll an empire. That is what I call despotism. That is what I Shall we get out, or shall we try to bring them up to a condition call a government created by Congressional action without the where they will be capable of self-government? warrant of the Constitution. Mr. CAFFERY. Mr. President, I would say to the Senator ,. . Mr. BEVERIDGE. Will the Senator permit me to ask him a from Connecticut, turn them loose as soon a.a you can do so. That question, as he has very kindly yielded to the Senator from Con­ is just my idea about it. necticut? Mr. PLATT of Connecticut. Does the Senator think that would Mr. CAFFERY. Certainly. _ be better for those people? Mr. BEVERIDGE. The Senator was speaking about safe­ Mr. CAFFERY. It would be better for us. guards. How would the establishment of such a government as Mr. PLATT of Connecticut. Or is itbettertotryto bringthem that take away or affect any of the safeguards with which the up to the enjoyment of the blessings and the privileges of free Senator says we are surrounded here? government? Mr. CAFF'ERY. It is very easy-conceding all the power of ap­ Mr. CAFFERY; It would be better for us to turn them loose pointment to rest with the President of the United States. The as soon as we could, considering all the circumstances. United States Constitution would be ignored in the government Mr. MONEY. If the Senator will allow me, would it not be a of such a territory. The President could appoint one man as gov­ great deal better for us, whether it would be better for the Fili- ernor, one as captain-general, another as judge; and the whole pinos or not? · government, in fact, would lodge in_the hands of the President of Mr. CAFFERY. Itwould be betterforus; and whatYTould be the United States. That government is not a government con­ better for us would be better for them. sistent with the Constitution of the United States. That is the Mr. President, we have heard a great deal of the humanitarian government of Spain. idea of subduing people to civilize them, of killing them to Chris­ Mr. PLATT of Connecticut. Does not that system substantially tianize them, of mw·dering them to give them the benefit of now-apply in all the Territories of the United States? good government. I should like to know, Mr. President, what is Mr. CAFFERY. Ah, Mr. President, that is simply in the tute­ the condition of-the provinces of England? I should like to know lage of those Territories; that is not a permanency. whether all history does not teach us that no people have ever CONGRESSIONAL RECORD--SENATE.! 1501 wrought out civilization except of themselves, through themselves, tion of Aguinaldo was used, if not invited, to crush the Spanish and by their own efforts? army. There was a time in the history of the world when these dark Mr. STEWART. Is the Senator from Louisiana dissatisfied races, whom we are now oppressing in the Tropics, had more of with what is being done now? civilization and enlightenment than the Aryan race, which is now Mr. CAFFERY. I am. oppressing them. The Mongolian races in China had a civiliza­ Mr. STEW ART. Is the Senator dissatisfied with what is being tion antedating ours. There was a time when our ancestors were done and what has been done for the last month? Is there any­ roving in the forests hunting, pursuing a nomadic life, when these thing which has been done since Congress convened of which the peoples were partially civilized and enjoying the blessings of gov­ Senator disapproves? ernment. Mr. CAFFERY. The Filipinos are in scattered bands, in insur­ In this transition of human affairs we now have arrived at the rectionary bands, and we insist upon imposing our Government highest degree of excellence in civilization that the world ever upon them at the point of the bayonet. That is all. We continue saw. But does that civilization give usanychartertoimpose upon to do just what we started out to do. people with fire and sword our particular civilization, our partic­ Mr. STEWART. Would the Senator stop the war.right now? ular views of government? No, sir. If we will continue in the Mr. CAFFERY. I would call for an armistice; I wonld promise plan that we have heretofore adopted of disseminating the princi­ the Filipinos independence; and there never would be a gun fired ples of our free government in peaceful methods, we may and will, afterwards. You can give these people peace the very moment I believe, in God's providence, live to see a plentiful harvest you declare peaceful intentions, the very moment you declare reaped from the seed of liberty we sow abroad. I believe that by your intention not to absorb them permanently and not to govern peaceful methods we can instill our principle of government into them despotically. Then you will not use any weapons; you will half-civilized and semibarbaric peoples better than by the Moham­ have no need to use weapons, but peace can be bad by peaceful medan principle of fire and sword. declarations. As I said, however, it is idle to talk about peace There is not a nation of the world to-day that holds subject when both sides have arms in their hands and both sides are peoples-Great Britain particularly-that does not feel the danger, fighting. the calamity, of insurrection among her subject tribes and the dis­ Mr. STEWART. Then your idea is that the soldiers of the memberment of empire in consequence. The people of India are United States should lay down their arms? - sullen and discontented. They have not forgotten that the Sepoys Mr. CAFFERY. I have explained my ideas sufficiently, and were shot at the mouth of the cannon in the great mutiny of :the there is no use catechising me upon sncb quibbling points. That fifties; and, sir, when they are civilized up to that point that the is perfectly idle. My proposition is perfectly plain. English propose to civilize them according to their not very sin­ Mr. STEW ART. Not to me. · cere humanitarian declarations, that will be the signal of the in­ Mr. CAFFERY. Well, then, I can not give the 8enator com­ dependence of the Hindoos and the absolving of any allegiance prehension of my bad points. that they may have to the British Crown. What good are those Mr. TELLER. I should like to ask the Senator a question, if people to her? it will not be out of the way. This thing of commercial greed, this thing of seeking foreign Mr. CAFFERY. Very well. markets in semibarbaric countries is no justification for the ag­ Mr. TELLER. The Senator says that we made a mistake in gressive war we are waging against the Filipinos. The game is ratifying the Spanish treaty. I want to know what the Senator not worth the candle. The trade statistics show that civilized would have done instead of ratifying the trnaty-what his course nations deal mostly with civilized nations, and that the vast would have been? I do not recall what he said about the treaty mass of our exports are to-day to civilized and not to savage at the time it was pending? peoples-more than nine-tenths of them. All this glittering, Mr. CAFFERY. Mr. President, I exerted my utmost powers showy panorama of empire and riches amounts to nothing. It is to procure from the Congress of the United States a dec!aration an empty bauble; it is something that perhaps may enrich a few in a joint resolution, just as was done in the case of Cuba, that the promoters and a few exploiters, but it will not benefit the mass Filipinos are, and ought to be, a free and independent people. of the American people; it never will benefit them, because that That is what I think ought to have been done, and I think the country is not capable of settlement by any white race. resolution of the Senator from Colorado-which was a most ad­ N otwitbstanding the statement of the Senator from Indiana of mirable resolution, and which he himself says, if he had thought the healing seas, of the delightful breezes, of the fertile soil. of of it at the time, he would have made apply to the Philippines­ the excellent health enjoyed by the people there, the fact remains if applied to the Philippines, would have covered the case ex­ that there are not in the Philippine Islands 10,000 Spaniards, after actly; it would fill all the requirements of the situation. If we three hundred years of occupation by them. There is no place bad promised the Filipinos just that sort of autonomy, just that on the globe where the white race has ever :flourished in the Tropics sort of freedom that we declared we would give to Cuba, we would or in the sub-Tropics; and if the prize is held out to the American not have-had a ripple of excitement, nor would there have been yeoman that that distant country will afford him a home, will the slightest insurrection in those islands. afford an opportunity for him to work up, as our ancestors did, Mr. TELLER. Would that have taken the place of the treaty? from the wilderness into flourishing States and cities, that promise Mr. CAFFERY. We should not have ratified that treaty. is vain. It is a promise that will bring nothing but disappoint­ Mr. TELLER. What right would we have had there unless we ment; and if we expect any addition to our strength by a great ratified the treaty? What amendment would the Senator have increase of our trade from t)le acquisition of the Philippine proposed to the treaty? Islands, we shall be a very much disappointed people. · Mr. CAFFERY. Just the amendment that my friend the Sen. I beUeve it was the Senator from Wisconsin [Mr. SPOONER], or ator from Missouri offered to the treaty, substantially embodying perhaps it was the Senator from Connecticut [Mr. PLATT], who the same proposition that the Senator from Colorado inserted in asked me what I would do with those people. Mr. President, I have the Cuban declaration. thought but little on that point. I think that the great error was Mr. TELLER. Then the Senator would have made a treaty committed when we ratified the treaty of peace. I think that was with Spain by which we should guarantee to those people freedom? the beginning of our woes, a!ld I think the quicker we can get i-id Mr. CAFFERY. We would have a.mended the treaty. It was of the complications and embarrassments attendant upon the rati­ the easiest thing in the world to do. Spain would have done any- · fication of that treaty the better it will be for the American Re­ thing we wanted her to do. - .... public. Mr. TELLER. We did not want her to do anything. --, Mr. STEWART. May I ask the Senator a question? Mr. CAFFERY. Spain was compelled to cede the Philippines Mr. CAFFERY. Yes, sir. almost at the point of the bayonet-everybody knows that-and Mr. STEWART. W9uld the Senator vote for the passage of a Spain would have signed a treaty in which there was incorporated law at this time to dispose of those islands-to give them away, to the same declaration in regard to the Philippines that we incor­ give those people their independence to get rid · of them? Would porated in reference to Cuba. the Senator withdraw our Armythere now and let the islands go? Mr. SPOONER. Will the Senator from Louisiana allow me to Mr. CAFFERY. I do notthinknowisthepropertimeforthat. ask him a question..? Mr. STEW ART. When will the proper time be? Mr. CAFFERY. Yes, sir: Mr. CAFFERY. As soon as we have restored the status quo. Mr. SPOONER. I wish to ask the Senator, if he believes as he Mr. STEWART. Then the Senator-- has asserted several times here this afternoon that at the time of Mr. CAFFERY. Permit me to answer your question. .As soon the ratification of the treaty there was a de fac'to government over as we have restored the condition of affairs to such an extent that there, and that the people are capable of self-government, would those people can be assured of their independence, I believe that ~e ~ave voted for such an amendment to the treaty as to the Phil- the same declaration that we made in regard to Cuba ought to be 1ppmes as he voted for as to Cuba? What business would we have applied to the Philippine Islands. I believe from the facts I have had then to stay there a day or an hour? read that those people are much more capable of self-government Mr. CAFFERY. We declared in regard to Cuba that the than are the Cubans. I believe those people have every muni­ Cubans were virtually independent; that they were and ought to ment and had every muniment of a republic when the coopera- be a fr~ and independent people. That is what we declared, and 1502 CONGRESSIONAL RECORD-SENATE. FEBRUARY 5, that is what we had a right to declare in regard to the Philippines. yiel~ one moment, that I ma~ h~ve p~ssed a bill which I am very If we did not want to wage this war of extermination on the Fili­ anxious to get through? A similar bill passed at the last session. pinos we could have amended the treaty. It was soug!lt to be Mr. DAVIS. I yield. amended, but the amendment was defeated and thrown out. If Mr. CLARK of Wyoming. I ask leave to call up at this time we had embodied in the treaty of Paris the declaration to which the bill (S. 329) to provide for and purchase a site and the erection I refer, the Filipinos would have been free-just as free as the of a public building thereon at Evanston, in the State of Wyoming. Cubans. Of course we would have been bound to see that that There being no objection, the Senate, as in Committee of the declaration was not an empty phrase. We would have been bound Whole, proceeded to consider th~ bill. It directs the Secretary of to see that that declaration was carried out in good faith, and that the Treasury to acquire a site, and cause to be erected thereon a they did establish there a free government. After that we would suitable building, for the use and accommodation of the United have retired, as we propose to do in the case of Cuba. States courts, post-office, land offices, and for other Government Mr. CARTER. Will the Senator yield to me for a question? purposes, at Evanston, Wyo., the cost of the site and building Mr. CAFFERY. Yes, sir. complete not to exceed $100,000. Mr. CARTER. I understood the Senator to state that the Fili­ The bill was reported to the Senate mthout amendment. ordered pinos are unfit for self-government. I will ask how he reconciles to be engrossed for a third reading, read the third time, and passed, to that statement his assertion that he believes we should have CUSTER COUNTY, MONT. caused those people to be declared a free and independent people, charged with all the responsibilities of an independent govern­ Mr. CARTER. Will the Senator from Minnesota yield to me? ment? l\Ir. DAVIS. I will. Mr. CAFFERY. Mr. President, we speak of self-government Mr. CARTER. I ask unanimous consent for the present con­ after the manner of our self-government-a representative gov­ sideration of the bill (S. 704:) for the relief of the county of Custer, ernment. I do not believe that those people are capable of that State of Montana. sort of government any more than I believe that most of the South There being no objection, the Senate, as in Committee of the American States are capable of that sort of government; but I Whole, proceeded to consider the bill. It directs the Secretary of believe they are capable of making a government of their own on the Treasury to pay to the board of county commissioners of Cus­ their own consent, not entirely based upon the representative ter County, Mont., 54,350, in full settlement of all demands against principle. That is what I believe. I have never stated that they the United States for the construction of a steel bridge across the were incapable of some kind of government. I have stated, or Tongue River for the accommodation of the Fort Keogh Military intended to state, that they were incapable of that sort of govern­ Reservation, in Montana. ment which we enjoy; and there are very few people in the world The bill was reported to the Senate without amendment, ordered who are capable of the kind of government we enjoy. to be engrossed for a third reading, read the third time, and passed. I do not consider the facts in regard to the condition of the SOLDIERS' HOME AT CASTLE PINCKNEY, SOUTH CAROLINA. Philippine Islands at the time of the destruction of the Spanish Mr. TILLMAN. Will the Senator from Minnesota withhold fleet and prior and subsequent to that time as being of the high his motion for a moment longer to allow me to have a little bill importance of the great principles of our Government, applicable passed? I do not think it will lead to any discussion. to territories that we may happen to acquire. M1·. DAVIS. I yield. The PRESIDING OFFICER (Mr. KEAN in the chair). Will Mr. ALLISON. What is it about? the Senator from Louisiana please suspend? _The hour of 2 o'clock Mr. TILLMAN. It is about a soldiers' home. I want an appro­ having arrived, the Chair lays before the Senate the unfinished priation for my country. I ask unanimous consent for the pres­ business, which will be stated. ent consideration of the bill (S. 1018) to establish a branch home The SECRETARY. A bill (H. R.1) to define and fix the standard of the National Borne for Disabfed Volunteer Soldiers at Castle of value, to maintain the parity of all forms of money issued or Pinckney, in Charleston Harbor, South Carolina, or some other coined by the United States, and for other purposes. eligible site in or near that city, for the use of disabled officers and Mr. ALDRICH. I ask that the unfinished business may be laid enlistedmen of the Volunteer Army and Navy of theUnitedStates. aside temporarily to allow the Senator from Louisiana to complete The PRESIDENT pro tempore. The bill will be read for infor­ his speech. mation. The PRESIDING OFFICER. The Chair hears no objection, The Secretary read the bill. and the Senator from Louisiana will proceed. Mr. HAWLEY. Mr. President, I happened to be out of town Mr. CAFFERY resumed his speech. After having spoken al­ when this bill was taken around the Chamber to obtain the con­ together two hours and forty minutes, sent of the Military Affairs Committee, and I am not sure that I Mr. GALLINGER. The Senator from Louisiana suggests to am satisfied with it. I ask the Senator from South Carolina to me that he would prefer to c·onclude his argument in the morning, let it lie for a day, or possibly two., and then we can consult the and if he will yjeld the floor, I should like to ask consent to have proper authorities of the War Department and see what is really a little bill passed. to which I think there will be no objection. in the proposition, for I have my serious doubts as to whether The PRESIDENT pro tempore. Does the Senator from ~ouisi­ those islands are healthful. They were unhealthful to some of ana yield? us when we were living around Charleston. I ask that the bill Mr. CAFFERY. Yes, sir. may lie over a day or two. PUBLIC BUILDING AT NASHUA, N. H, Mr. TILLMAN. Very well. Mr. GALLINGER. I ask unanimous consent that the Senate EXECUTIVE SESSION. consider the bill (S. 26) to provide for the purchase of a site and Mr. DAVIS. I renew the motion that the Senate proceed to the the erection of a pub1ic building thereon at Nashua, in the State consideration of executive business. of New Hampshire. A similar bill has passed the Senate three The motion was agreed to; and the Senate proceeded to the con­ times already. sideration of executive business. After twenty-five minutes spent There being no objection, the Senate, as in Committee of the in executive session the doors were reopened, and (at 4 o'clock and Whole, proceeded to consider the bill. It authorizes the Secretary 50 minutes p. m.) the Senate adjourned until to-morrow, Tuesday, of the Treasury to acquire a site and cause to be erected thereon February 6, 1900, at 12 o'clock m. a suitable building for the use and accommodation of the United States post-office and other Government offices in the city of NOMINATIONS. Nashua, N. H., the cost of the site and building complete not to Executive nominations received b1.J tli,e Senate February 5, 1900. exceed 100,000, which sum is appropriated. The bill was reported to the Senate without amendment, ordered INDIAN AGENT. to be engrossed for a third reading, read the third time, and passed. Joseph O. Smith, of Cortez, Colo., to be agent for the Indians of the Southern Ute Agency in Colorado, vice Louis A. Knack­ PUBLIC LANDS AT HOT SPRINGS, ARK, stedt, whose nomination has been withdrawn. Mr. BERRY. I ask unanimous consent to call up t.he bill (H. R. SUPERVISOR OF CENSUS. 6073) to amend section_ 4 of the act o~ CongressapproyedJune 16, 1880, granting to the city of Hot Sprmgs, Ark., certam lands as a Mr. Thad A. Thomson, of Austin, Travis County, to be a sup­ city park, and for other purposes. It is now on the desk. I re· ervisor of the Twelfth Census for the Tenth supervisor's district ported it this morning. of Texas, vice Edward R. McLean, resigned. By unanimous consent, the Senate, as in Committee of the Whole, PROMOTIO::N'S IN THE NAVY. proceeded to consider the bill. Commander John F. Merry, to be a captain in the Navy, from The bill was reported to the Senate without amendment, or­ the 29th day of December, 1899 (subject to the examination re- dered to a third reading, read the third time, and passed. quired by law), vice Capt. Edwin White, retired. . PUBLIC BUILDING AT EVANSTON, WYO. Lieut. William F. Fullam, to be a lieutenant-commander m the Mr. DAVIS. I move that the Senate proceed to the considera­ Navy, from the 29th day of December, 1899 (subject to the ~a.mi­ tion of executive business. nations required by law), vice Lieut. Commander John C. Wilson, Mr. CLARK of Wyoming. Will the Senator from Minnesota. promoted. r9oo. CONGRESSIONAL RECORD-HOUSE. 1503

Lieut. (Junio1· Grade) Harry·H. Caldwell~ to be a lieutenant in · The bill was read, as follows: the Navy from the 29th day of December, 1899, vice Lieut. Wil­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby-l liam F. Fullam, promoted. authorized and directed to issue a fee simple patent to John Anderson ana the following adult children of said John Anderson, to wit. Julia Anderson, Lieut. Commander Uriah R. Harris, to be a commander in the John Anderson, jr., Thomas Anderson, Eliza Anderson, and Magtrie Ander­ N av~ from the 31st day of December, 1899, vice Commander James son, to all the land now held by them and purchased from the Uruted States W. Carlin, deceased. under the act of May 23, 1872, and located in Pottawatomie County, Oklahoma. Medical Inspector William G. Farwell, to be a medical director Territory. in the Navy from the 22d day of January, 1900, vice Medical Di­ The SPEAK.ER. Is there objection to the present consideration rector Grove S. Beardsley, retired. of the bill? Surg. Daniel N. Bertolette, to be a medical inspector in the Mr. PAYNE. I hope that we shall have some.statement, Mr. Navy from the 22d day of January, 1900, vice Medical Inspector Speeker. William G. Farwell, promoted. . Mr. FLYNN. I ask that the report be read. Pay Inspector Daniel A. Smith, to be a pay director in the Navy The report (by Mr. FLYNN) was i·ead, as follows: from the 20th day of January, 1900, -vice Pay Director Edwin May, The Committee on Indian Affairs, to whom was referred the bill (H. R. retired. &193) for the relief of John Anderson, a Pottawatomie Indian, and his adult children, beg leave to report that they have had the same under considera­ Rev. L. Paul Rennolds, a citizen of Maryland, to be a chaplain in tion and report that the bill do pass, and attach as part hereof the corre­ the Navy from the 31st day of January, 1900, to fill a vacancy ex­ spondence had with the Interior Department concerning said bill. isting in that corps. DEPARTMENT OF THE INTERIOR, Washington, January !6, 1900. Sm: I have the ·honor to acknowledge the receipt of your letter of the 17th WITHDRAWAL. instant, requesting report on the accompanying H. R. fi.!93, ••A bill for the relief of John Anderson, a Pottawatomie Indian, and his adult children." Executi1:e nomination withdrawn Febr1.tm'Y 5, 1900. This bill provides for the issuance of a fee-simple patent to John Anderson Louis A. Knackstedt, of Colorado, who was appointed during and his five children to all the land now held by them and purchased from the United States under the act of May 23, 1872, and located in Pottawatomie the recess of the Senate, to be agent for the Indians of the South­ County, Okla. ern Ute Agency in Colorado. In response thereto I transmit herewith a copy of a report, dated the 2ith instant, from the Commissioner of Indian Affairs, in which re.commendation is made for the passage of the bill. The Commissioner's recommendation meets with my approval. CONFIRMATIONS. Very respectfully, Executive nominations confirmed by the Senate FebrumLy 5, 1900. E. A. HITCHCOCK, Secretary. The CHAIRMAN OF THE COMMITTEE ON INDU.N AFFAIRS, - POSTMASTERS. House of Representatives. Leander W. Dutro, to be postmaster at Memphis, in the county of Shelby and State of Tennessee. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Richard M. Norment, to be postmaster at Lumberton, in the Washington, January ff,, 190<>. county of Robeson and State of North Carolina. Sm: I have the honor to acknowledge the receipt, by your reference, for Robert P. Caldwell, to be postmaster at Newton, in the county consideration, report, and recommendation, of a. letter from Hon. J. S. SHER· of Catawba and State of North Carolina. MAN dated January 17, 1900, submitting Rouse bill No. 6493, entitled "A bill for the relief of John Anderson, a Pottawatomie Indian, and his adult chil­ l\Iillard F. Kepner, to be postmaster at New Rockford, in the dren." county of Eddy and·State of North Dakota. In reply I have to state that the said J obn Anderson is a bright, intelligent GeorgeB. Tretbar, to bepostmasteratLamberton, in the county man, of fine business qualifications. upon whom this office la~ely depends for information as to members of the tribe, their identity, and, m case of de­ of Redwood and State of Minnesota. ceased Pottawatomies, who are their sole heirs and how they became auch­ Jesse A. Maxwell, to be postmaster at Fulda., in the county of important data required of a business committee of six members of the Pot­ Murray and State of Minnesota. tawatomie tribe in the consideration of deeds of conveyance of land in Okla­ homa Territory by the several allottees of the Pottawatomie Nation under Leonard S. Calkins, to be postmaster at Nevada City, in the act of Congress approved August 15, 1894. county of Nevada and State of California. Mr. Anderson and his children took their allotments under the act of May Moses C. Thomas, to be postmaster at Homer, in the county of ZJ, 1872 (17 Stats., 159), which required payment therefor and only permitted the issuance of certificates by this office as evidence of title in and to said Champaign and State of Illinois. · lands, and their sale was restricted to persons of Indian blood residing within William H. Holt, to be postmaster at Graham, in the county of the then Indian Territory, with the approval of the President. If any Indian, Alamance and State of North Carolina. by reason of his intelligence and frugality, is deserving of a patent in fee for his land, surely John Anderson is. I take great pleasure in recommending John H. Crowder, to be postmaster at Gordon, in the county of the passage of this bill. Sheridan and State of Nebraska. I return herewith said bill and submit a copy of this report. Very respectfully, your obedient servant. W. A. JONES, Commissioner. HOUSE OF REPRESENTATIVESo The SECRETARY OF THE INTERIOR. The SPEAKER. Is there objection to the present consideration MONDAY, February 5, 1900. of the bill? [After a pause.] The Chair hears none. The bill was ordered to be engrossed and read a third time; and The House met at l2 o'clock m. Prayer by the Chaplain, Rev. being engrossed, it was read the third time, and passed. HENRY N. COUDEN. D. D. On motion of Mr. SHATTUC, a motion to reconsider the last The Journal of the proceedings of Saturday was read and ap­ vote wa.s laid on the table. proved. LEA.VE TO PRINT IN THE RECORD. REPRINT OF .A. :BILL. Mr. DALY of New Jersey. Mr. Speaker, on the 19th of Jast Mr. GILLETT of Massachusetts. Mr. Speaker, I ask unani­ month I submitted some remarks, pending the appropriation bill, mous consentfor areprint of 500copiesof House bill No. 15, intro­ on the Gage resolution. I have been engaged since that time duced by Mr. BROSIUS, providing for a retirement fund for clerks. trying cases in my State, and did not submit the remarks-- The supply is exhausted, and there is much demand for it. The SPEAKER. The gentleman will suspend until the House The SPEAKER. The gentleman from MassachusettsfMr. GIL­ is in order. It is impossible for the Chair to hear what is being LETT] a.ska unanimous consent for a reprint of House bil No. 15 of said. Gentlemen will cease conversation and resume their seats. 500 copies-- The gentleman from New·Jersey fMr. DALY]. Mr. GILLETT of Massachusetts. Mr. Speaker, I withdraw the Mr. DALY of New Jersey. Mr. Speaker, on the 19th day of request for 500 copies and let it stand simply for a reprint. ·------January I submitted some remarks to the House on the Gage The SPEAKER. The gentleman asks unanimous consent for a resolution, and held the same for revision and extension in the reprint of Honse bill No. 15. Is there objection? [After a pause.] RECORD. Immediately thereafter I was called home to try some The Chair hears none, and it is so ordered. causes and was absent until the latter part of last week and failed POLLUTION OF WATER SUPPLY. to submit the remarks within the time limited under the rule. I now ask unanimous consent to _print in the RECORD these remarks. Mr. BARTHOLDT. Mr. Speaker, I move that the rules of the I ask for five days. House be suspended for the consideration of the bill (H. R. 5) to The SPEAKER. The gentleman from New Jersey asks unani­ appoint a commission for the investigation of the pollution of mous consent to extend his remarks upon the Gage resolution, water supplies where such pollution affects or threatens to affect having failed to do so within the time limited. He 88ks for five the sanitary condition of the people of more than one State. days' time; Is there objection? [After a pause.] The Chair hears The SPEAKER. The gentleman from Missouri moves to SUS· none, and the order is made. pend the rules and pass the bill which the Clerk will report. The Clerk read as follows: JOHN ANDERSON. Beit enacted, etc., That a scientific commission shall be appointed to inves­ Mr. FLYNN. Mr. Speaker, I ask unanimous consent for the tigate fully the subject of the pollution ot' rivei·s ond other natural som·ces of wat-er supply where the sanitary condition of the peop_le. of more than one immediate consideration of the bill (H. R. 6493) for the relief of State is affected or threatened to be affected by such pollution this coIIllilis­ John Anderson, a Pottawatomie Indian, and his adult children. sion to consist of five members, to be apvointed by the PreSfdent, by and \ 1504 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 5, : with the consent ?f the Senate, whose co~pens~tion during the time when actually engaged m the performance of theu duties under this act shall be $10 it is so dis~harge~, as in Londoi;i,,or it is utilized for irrigation pnr­ per diem each and reasonable expenses. pos~s, a~ m Berlin and other c1t1~s. Is. it not high time that this SEC. 2. That the commission shall meet in Washington, D. C., within thirty subJectis taken up here? T.h~re 1s no difference of opinion among days after the passage of this act, to consider the methods to be adopted in the investigation, and it shall have authority and be empowered to make use samtary experts and phys1c1ans as to the supreme necessity of of the services of chemical, bacteriological, and sanitary experts, and of such the ca~e. They are all agreed that the high death rate of typhoid persons as_ it may judge ~ost compe.tent by r~ason of their special knowledge fe!'er. ~n nearly all our large cities is directly traceable to our and ex~rience to a!for~ it correct inf~rmat10~ on the subject of its inquiry, pri~mtive meth.ods of sewage disposal, and especially to the pol­ as well m formulating its methods as m carrymg them into effect. It shall meet thereafter from time to time at such pla.ces as it may consider best !ut10!1 o~ our river water. For the present we are not asked to suited· for the furtherance of its inquiry. mqmre mto the methods of remedying the evil, but we are asked SEO. 3. That the commission shall report to Congress at it.a next session the by.the people and the press to provide for an investigation, an in­ pr_ogress made in. the investigation un!fertake~ under this act, and shall sub­ ex~ent ~mt s1:1-ch sugges.ti.ons as may seem desirable, with the view of remedying any qmry as to the and the nat:ure of the evil; then Congress msamtary conditions that have been developed by its work. can make the official reports on thLS question the- basis fo1· further SEC. 4. That the sum of $30,000, or so much thereof a~ may be necessary is legislative action. hereby appropriated to pay the salaries and expenses of said commission ahd carry out the purposes of this act. What are we doing? We have city boards of health and State boards of !J.ealth, but what has been done for the protection of With thefollowing amendments recommended by the committee: health nationally? By quarantineregulations, it is true we have "s~e~li1t!c~'> page 1, insert, after. " a " and before "commission," the word endeavored to protect our people against infection fro-di outside and our Marine-Hospital Service has been very efficient in this re: In line 7, page 1, strike out "three " and insert "fl. ve." In line 11, page 1 strike out the words "$10 per diem" and insert in lieu spect. But when it comes to the question of infection from within thereof the words ' 1at the rate of $5,000 per annum." our borders, very little, if anything, has been done. It may be In lines 2 and 3, page 2, strike out the words "passage of this act>'' and in­ argued that under our system of government this is left to the sert in lieu thereof the words "date of its appointment." In ~ne 13, page 2, insert, after "report "and before" to," the word" finally." several States, but how about cases where one State suffers from th~w~fu}~1 ~:!:its ~~~~e out "progress made in" and insert in lieu thereof the practices of another State? Shall the District of Columbia make war upon Maryland because the people of that State are In line 16, page 2, strike out" insanitary" and insert in lieu thereof the word "unsanitary." polluting the water of the Potomac? Shall the people of Ohio · In line 18, page 2, strike out the word "thirty" and insert in lieu thereof invade the ~tate of Penns~lvania .with ai;i armed force to stop the the word "forty." people of Pittsburg from d1schargmg then-factory waste e.nd their Mr. RICHARDSON. Mr. Speaker, I demand a second. sewage into the Ohio River? Shall Missouri read the riot act to Mr. HOPKINS. I do not know, Mr. Speaker, that I am opposed the people of Chicago and Illinois because the nasty contents of to this bill, but I demand a second. - ~he Chicag? J?r~in~ge Canal, recently opened, are being E>mptied .Mr. BARTHOLDT. Mr. Speaker, Iaskunanimousconsentthat mto the ~iss1ssipp1? Ab, you say the Federal.courts will provide a second be considered as ordered. a remedy m such cases. True, but this surely does not acquit us The SPEAKER. The gentleman from Missouri asks unani­ of our responsibility and duty. Legislation is had to prevent liti­ mous consent that a second be considered as ordered. Is there gati~n ~y establishing c~rtain general. ru~es of conduct and by objection? (After a pause.] The Chair hears none. The gentle­ furnishing at the same time an authoritative measure according man from Missouri has twenty minutes. to which justice is meted out to all alike. Official reports of a Mr. BARTHOLDT. Mr. Speaker, this is a bill unanimously ?overnment co.mmiss~on will largely.obvia~ the necessity of tak­ recommended by the Committee on Interstate and Foreign Com­ mg expert testunony m court and will be mstrumental in each merce. It provides for an investigation of the pollution of water com·t proceeding in determining the facts, Every consideration supplies. The investigation is to be conducted by a nonpartisan of public welfare demands the speedy enactment of legislation of scientific commission to be appointed by the President, with the this kind. advice and consent of the Senate. This, together with a small Mr. Speaker,! desire to add thatthisbill hasbeenrecommended appropriation, is all that is asked. for in this measure. I believe by the legislatures as well as the State boards of health of a large there is no member on this floor who is not interested, from a due number of States, and its passage has been strongly urged by the regard for the health and lives of his constituents, in the success National Medical Association, an organization of physicians ex­ of this legislation, and a mere statement of the object of the bill tending into every State of the Union. seems to me to be sufficient to commend it not only to the mem­ Mr. ROBINSON of Indiana. I would like to ask the gentleman bers of this House, but to all thoughful and well-meaning citizens f~om Misso11ri if he undert11;kes to claim that under the jurisdic­ of this country. tion of the courts of the Umted States no remedy can be invoked In our country, as everyone knows, it is the universal practice by a State where such pollution exists as that to which be refers? to discharge the waste of manufacturing establishments and the Mr. BARTHOLDT. I have just stated, Mr. Speaker, that the filth and sewage of cities into the rivers. The question presented remedy did exist to a certain extent in the Federal courts. But in this bill is whether this can longer be permitted to be done this does not acquit Congress of its duty and responsibility to the without injuriously affecting the health and lives of our people people of the country to protect them against this pollution. and whether, if the pollution is found to threaten life, it will not Mr. ROBINSON of Indiana. But yop are speaking now of the be advisable to stop this nefarious practice by legislation. We enactment of legislation for a commission to go all over the coun­ must rem~mber that it is one of the inalienable rights of the peo­ try and investigate the pollution of rivers.without reference to the ple to have the water for drinking, for watering stock, for manu­ demand of the people of localities for protecti.on in that regard. facturing, agricultural, and domestic uses come to them in its Mr. BARTHOLDT. Wherever the water is used for drinking natnral and a.ccustomed flow, free from sewage and pollution; purp.oses or agricultural purposes or domestic purposes this com­ and since it is a notorious fact, known to everyone, that this right mission can be called upon to proceed to the locality indicated and bas not been properly protected, such protection becomes the make an investigation and make its report upon the subject. legitimate object of legislation and a duty and necessity. Mr. ROBINSON of Indiana. But what about the conflict of Right here, Mr. Speaker, I ask the Clerk to 1·ead an extract from jurisdiction between the United States and the States? You estab­ consular reports which were made in the year 1895 in response to lish here at once a policy which necessarily leads to a conflict of an inquiry of the State Department upon this very subject. jurisdiction on matter of State polity. The Clerk read as follows: Mr. BARTHOLDT. The gentleman is mistaken in that. That point has been already settled by the enactment of the national The soil of many of our cities, saturated with the putrefying contents of quarantine law. c~sspool~ and leaking sewei:s, emits at certain seas-:ins the poisonous ~mana­ t10ns which generate typhoid fever, yellow fever, diphtheria, dysentery, and 1\Ir. ROBINSON of Indiana. But this is evidently an enlarge­ cholera, while the waters of our principal rivers are too often converted into ment of the quarantine laws, although there is no question of any open sewers teeming with pestilential exhalations. The government of every pollution affecting a whole section, such as the quarantine laws State, whose duty it should be to superintend and watch over the health of the community at large, would do wisely to lay down and carry out an effi­ usually apply to. · cient, complete, and common-sense plan of dramage and sewerage for every Mr. BARTHOLDT. If the gentleman desires to occupy some town and city of the commonwealth. time, I will yield to him. Were the fearful consequenoos which result from the reprehensible prac· tice of c-:inverting our rivers .into open sew~rs prope~ly understood and prop­ Mr. ROBINSON of Indiana. Not just now. erly estimated by the public, no expenditure of time or money would be Mr. BARTHOLDT. Then I reserve the balance of my time. deemed too great to put an end to a system so disgusting and so destructive Mr. Speaker, how much time have I left? · to the health and lives of the community at large, but more especially of those whose avocations necessitate their daily and hourly exposure to the The SPEAKER. The gentleman has nine minutes remaining. evil Unless this suicidal practice is abated by penal enactment, our cities Mr. RICHARDSON rose. will ultimately become the hotbeds of pestilence and plagues, such as pre· Mr. HOPKINS. Will the gentleman yield to me? vailed in the middle ages. l\Ir. RICHARDSON. I promised to yield to the senior gentle­ Mr. BARTHOLDT. Mr. Speaker, the reports following these man from Illinois [Mr. CANNON]. I now yield him five minutes. ~~~ductory re~arks show that the. large cities of nearly all ' Mr. CANNON. Mr. Speaker, this seems to be a proposition to c1vihzed countries have long ago discontinued the barbarous appoint a commission of five persons-a scientific commission-to pi;actice of dumping filth and sewage into their running streams. investigate fully the subject of the pollution of rivers and other Either the sewage is subjected to a process of purification before natural sources of water supply. The pay of thesecommissioners 1900. CONGRESSIONAL RECORD-HOUSE. 1505 is to be $5,000 each, and the bill appropriates $40,000. It is true Mr. BARTHOLDT. If the gentleman wants to be put in a po­ the bill makes provision that a final report shall be made to t_he sition of defending the claims of Chicago, I have no objection to next Congi·ess; but I think I may fairly prophesy that if this com­ his pursuing that course; but, if I am correct, a gentleman repre­ mission be organized its work will be extended for the next year, senting Chicago on this floor [Mr. MANN] is a member of the Com­ and the next year, and the next year, and for many years to come. mittee on Interstate and Foreign C-ommerce, and he has no objec­ Now, if this be an important investigation, and if this be the tion to this bill. The drainage commissioners in Chic~go have best way to make it, well and good; then let us make it in this unanimously passed a resolution advocating the passage of this way. But, in my judgment, if this investigation should be made bill, so that not only in St. Louis and in Chicago, but all over the p.t all, there are better ways of making it. I know it is not worth country, we may have a fair examination by bacteriologists of the while to talk about economy, and I will not talk of this question highest standing upon this very important question. from that standpoint. Mr. CANNON. I should like just a minute. I repeat, that if there is no other way to do this important work Mr. RICHARDSON. I yield a minute to the gentleman from HS it ought to be done than by the appointment of a commission, Illinois. then let us appoiut a commission. But I think that if this work Mr. CANNON. Now, let me say to my friend that I do not is necessary, there is a better way of doing it under existing law. represent Chicago as against St. Louis, or St. Lonis as against We have a National Academy of Sciences which, for the bare pay­ Chicago, two great,powerfulcities; butlstandhereas-a.Represent­ ment of traveling expenses, has done better work on great ques­ ative in Congress. I do not know what the drainage district tions than any or all of the commissions that have ever been ap­ wants, nor what the Representative from Cook County wants, but pointed. We can under the law refer this matt.ell t.o that eminent I say in the interest of the public service, in my judgment, no body-nonpartisan, patriotic, capable-and we shall get a prompt good result is t.o be had from the organization of this commission, report. and upon my own authority, independent of everybody else, I Mr. BARTHOLDT. Will the gentleman yield tome a moment? record my protest against it. Mr. CANNON. I have but five minutes. I will yield t.o the The SPEAKER. The gentleman from Illinois [Mr. HOPKINS} gentleman at the conclusion of my remarks if I have any time left. has five minutes. That is one way to do this work-through the National Acad­ Mr. HOPKINS. Mr. Speaker, the answer just made by the emy of Sciences. There is another way t.o do it. We have a gentleman who introduced this bill to my colleague [Mr. CAN­ Marine-Hospital Service engaged in investigating questions of NON] discloses the motive that prompts him to ask Congress to this very kind. That body expends $100,000, $200,000, $300,000, pass this bill, which is to practically appropriate $40,000 for the $400,000 a year in the investigation of sanitary questions. Now, benefit of the city of St. Louis and the State of Missouri. let me say, measuring my words, that I believe that this Marine­ Now, gentlemen will observe that the bill creates a commission Hospital Service is more competent than a dozen commissions composed of five members and gives each of these members a would be to do this work. If it is important to have this investi­ salary of $5,000 per annum, thus absorbing, if they take a year, gation and to arrive at the facts, the Marine-Hospital Service al­ $25,000 of the proposed $40,000. ready has the material, the laboratories, etc., for doing this work. In addition to that they are allowed also their reasonable ex­ It is already doing work along the line of these investigations. penses, which, in my judgment, would inore than double the Let us refer this matter to that body, if it is necessary to have an amount of the salary, because no commission can investigate the investigation, and we shall in that way get the facts. rivers of this country for the pittance of $15,000. They will be Commissions, after they investigate, make reports, which are required to charter a vessel of some kind or character, to go up printed and which then sleep the long sleep of death. Nobody and down these various rivers, at a large expense to the General reads them. Why, sir, you can find about this Capitol reports Government, so that when they come to make their report, instead of commissions by the cord which have been made during the of taking $40,000 out of the Treasury of the United States, it will last dozen years on subjects which most of us did not know were cost from one hundred to two hundred thousand dollars. being investigated or reported upon. Is there any necessity for this, from a national standpoint? Now, as I unde:i;standfrom the dispatches, there is a case pend­ Every gentleman familiar with the legislation of our country and ing that meets my friend's view. What moves him, I apprehend, the powers and authorities delegated to these various bureaus and is the question of sewage from Illinois that may reach Missouri. departments knows that t)le Marine-Hospital Service of the Gov­ Mr. BARTHOLDT rose. ernment has absolute control and jurisdiction over this subject. Mr. CANNON. I have but five minutes, and the gentleman must The Marine-Hospital Service is to-day engaged in this very ques­ excuse me. I presume that is what moves him. Under the law tion that is embodied in this bill, and the Marine-Hospital Service, and the Constitution, if the dispatches can be trusted, there is Mr. Speaker, can control revenue cutters, with which they can go already pending in the court of last resort-the Supreme Court of into any of the rivers or bays or inlets at a less expense to the the United States-this very question. They have got to take the Government than would be incurred by this proposed commis­ evidence; they have got to try the case; they have got to settle this sion, and their investigations are of a nonpartisan character and case of pollution of the national water courses and how the public will be much more important to the general public and to Con­ health in the various States would be affected. And when they gress than any investigation that might be made by a commission come with a judgment it will cover the whole ground. What is of this kind. the use of vexing the atmosphere with this commission and that Then we come back, Mr. Speaker, to this proposition: There commission? 1f it is wise at all to make an investigation of this being no reason from a national standpoint why an extra com­ sort with this litigation pending, then let us, as I have suggested, mission should be appointed and this extra expense incurred, is utilize the National Academy of Sciences, which can do the work there any reason from a State standpoint? The States of this without expense ably and fairly, or, if you will not utilize the Union have absolute jurisdiction within their limits., and the cities National Academy, let us utilize the Marine-Hospital Service. within those States have jurisdiction likewise, and you will find Now, that is all I want to say; and if I have any time left I that not only the States, but all the great cities have commissions yield it to the gentleman from Missouri rMr. BARTHOLDT]. appointed t.o look out for and protect the general public from the The SPEAKER. The time of the gentleman from Illinois has pollution of any of the rivers, inlets, or bays, and they have, as I expired. say, plenary power within the limits of the State. Now, as be· Mr. BARTHOLDT. Very well; I will take my own time. tween the city of St. Louis and the city of Chicago, is there any Mr. CANNON. I had no wish to be discourteous. If the gen­ reason for this legislation? Why is this newborn zeal of my tleman will yield to me a minute or two I will answer any ques­ friend from the city of St. Louis, one of the Representatives from tion he may wish to put. Missouri? He has been in Congress here, to my knowledge, six or Mr. RICHARDSON. I yield to the gentleman from Illinois eight years, an energetic, pushing, able Representative, but until [Mr. HoPKINSl for five minutes. recently he had never thought that there was any necessity for Mr. HOPKINS. If agi·eeable to the Chair, I will allow the gen­ such legislation as this. tleman from Missouri [Mr. BARTHOLDT] to yield to my colleague, Mr. BARTHOLDT. Just a moment, Mr. Speaker. I desire to in order to answer his question. say to my friend that this bill was introduced in the Fifty-third Mr. CANNON. I did not intend to be discourteous, nor did I Congress by myself, long before anybody thought of the Chicago want to dodge any question. Drainage Canal ever becoming a danger to the city of St. Louis and Mr. RICHARDSON. It is understood that this does not come its people. out of our time. Mr. HOPKINS. Well, I will say, Mr. Speaker, that that bill The SPEAKER. It comes out of the time of the gentleman has been buried with the mass of proposed legislation that has from Missouri. never been brought to the attention of the House. To my knowl­ Mr. BARTHOLDT. The gentleman from Illinois has stated edge, this is the first time in the history of the gentleman from that St. Louis is interested in this question. I say yes. If he Missouri [Mr. BARTHOLDT] that it has ever been pressed upon the wants to put the matter in that way, I am perfectly willing to attention of Congress in the manner now proposed. . admit that I speak for the people of St. Louis and for the protec­ Now, as has been said by my colleague rMr. CANNON), there is tion of their health and their lives. on this question of drainage between the State of Illinois and the Mr. CANNON. Is not the matter being litigated now? State of Missouri a case pendiDg iD the Supreme Court of the

XXXIII- 95 1506 CONGRESSIONAL REOORD-HOUSEo FEBRUARY '5.,

United States. The State of Missoun has-commenced a suitin the Mr. .HOPKINS. This will not do anything that can not be Supreme·Oourl, un·der the provisions of ·the Constitution,:to test ·done QY the l\larine-HospitEil Service. this very question of·the _pollution-of-rivers, streams, etc., and-the '.Mr. PE.A:RRE. 'I will eay in reply 'to the gentleman that this State of Illinois, in due time;will make response to'tha,t. That is 1bill-provides.for a recommendation oIJ:emedial legislation. the issue 'Pl"esented, and evidence will be taken in that lawsuit as The SPEAKER. The time of ·the gentleman has expired. to-whether any of the-rivers in 'lllinoisor-those in 1\Iissonricortha1i .Mr. RICHARDSON. I will yield three minutes to the gentle- pass by or through it will beJ>ollutea by'the action of-the city of man from New Jers~y [Mr. DALY]. · Chicago. I want to know, Mr. Speaker, if ihe members uf this ..Mr. DALY of New Jersey. Mr. Speaker,ior the information of House propose to make an appropriation here for.the State·of Mis­ •the .gentleman from Missouri, let me say to him that if be will souri to litigate a question against th9 ·State of Illinois. If Mis­ consult the laws of New Jersey for .the last.two years he will.find souri is in that'financial condition·that the hat should be 'Passed this suoject-matter considered; and if _he will consult·the law re­ around, let it be done in a _private 'IIlanner and not come to the p01·ts of.New Jersey .for the last year he will find that the citizens Treasury of the United States. ·[Laughter.] of New Jersey have enjoined the city·of Paterson from "dumping The gentleman ought to know that if this evidence is taken ·it its sewage into the waters of tb.e river Passaic,. and the entire mat­ can not be-used ·under the law at all; and 1 trust that-the mem­ ter is covered in the deciSions, as wen.as by legislation. bers-- · Mr.~ARTHOLDT. Will .the gentleman,permit.meto a.sk him The SPEAKER. The time·of·the gentleman has ex.pixed. a question? · "Mr. RICHARDSON. I -yield1hre-e minutes to -the gentleman Mr• .DALY of New Jersey. Ce:utainl_y. from Inaiana. 'Mr. BARTHOLDT. Does not that r-elate.to-a altogether l\Ir. ROBTh--SON of Indiana. Mi:. Speaker, une feature of tliis stream measure -presents an evil 'that is ·.growing in -this comrtcy and1 within the boundary Jines of-your State? which calls for prompt c01Tection. It is a custom whichbas be­ Mr. DALY of New Jersey. Yes; but that does notyreventthe come general of appointing commissioners to consider'legislative circuit court of the·United.StateB from-taking jurisdiction as be­ subjects, to voice·thewish of Administrations anH:not·the wish tween·two States. of the people~ to control the sentiments of the people 'and .not to Mr. BARTSOLDT. Bu:t -this enti:rely1relates ·to a case where echo them. Num.ereous commissions in late ·years have been ap­ the health•of'the people of more than one State is affected. pointed, not to protect the-voter, but·to formulate·policies'for an Mr. DALY of New :Jersey. If the ·citizens of ill1inois and the Administration. The gentleman from lliinois _['Mr. CANNON] says citizens of "Missouri are injured, or vice versa, one citizen can re­ that the i:eports of ·the com.missioners are useless, as a rile, and ·strain the other ;by injunction from -the circuit court·of the United are usually·buried without reading. States the same-as a State court would-enjoin its own pTivate citi­ 'This is a strong argument for economy-and against'the·creation zens. There is a complete cremedy at law without appealing to of commissions. But I differ from .the gentleman as'to many uf .the Congress-of the United-States. these commissions, and we find many of -their ·re_ports brought in Mr. RICHARDSON. Mr. Speaker, how -muoh time is left in and presented to this House, and their superior opportunity for opposition.to·the bill-? investigating the'factB--is urged as a reason why we Bhould follow The SPEAKER. Six minutes remain under the control of the their recommendations. But, sir, -they do not represent our con­ gentleman from T--ennessee. stituencies, and every time you authorize-a commission to consider Mr. RICHARDS@N. Does tha gentleman from Missouri wish legislative subjects you me abdicating your 'rights as sovereign to occupy any time.now? representatives of the people,-uot 'to mention the great expense Mr. BARTHOLDT. No. with which you·are burdening them by such creations, and not Mr. :RICHARDS0N. Mr. Speaker, 1I only want ~o say a to mention other evils ensuing. word-- I have known men with ·principles firm. set and intolerant -to 'Mr. -BA.RTHOLDT. I beg the gentfoman's pardon; I did-not be mellowed and·won over by the glitter of a commission. -Scores understand him. 1f he desires -to -yield-me his six -minutes, I de· of commissions are being appointed, and so far members here are ·sire to accept. There are several gentlemen who have asked me relinquishing their sovereignty and the rights and interest of their fortime to speak in favor of the bill. constituents. I protest against it. Mr. RIOHARDSON. No; I want to say a word in ·opposition Mr. BARTHOLDT. Mr.~eaker,-how much time have I re­ to the measure. -So-far -as 'I am cqncerned, I am not opposed to maining? the investigation of the pollution of the water of any stream. I The SPE.AKER. The gentleman·has seven-minutes .remaining. have no objection -to -the investigation being conducted by the 1ilr. BARTHOLDT. ·I yield iJlree minutes to the gentleman Government-experts under the direction of the Government; but from 'Maryland. I submit that we already have sufficient machinery to enable us Mr. PEARRE. 'Mr. Speaker, this ·billrcomes :.before the House to make this investigation. We have a number of bureaus that with a favorable re_port from the committee, and .I desire to say· ·have been Teferred to by gentlemen who have &poken against the in the·very limited time allotted to-me that .I heartily favor this measm·e. and 1 am of o_pinion that-the_y ar.e n.ot overcrowded with provision; and more, the additional-provisions-which I-favor are work. They have experts, and we·are paying them annual sala­ embodied in a bill which I offered -to-this House earlyin-the pres­ ries ana carrying them on the pay .roll. ent session. This provision adds to the provisions of -this bill 'Let us give them something to d.o. 1 am opposed to creating a penalties for the pollution of streams which are the source uf commission of five additional -e~erts now and .giving the Presi­ water supply to the people 9f the .various cities and·towns of the dent of the United States the power to appoint them, to be sent United States. While I favor this bill, I think it incomplete in out at all times, and J>erlraps to be carried along permanently. that it does ·not define the crime and furnish a penalty for the We'have"the Bureauforthe Promotion of American Science, the violation of the law. However, I desire to add my voice io th.at .Marine Bureau; we have experts in the AgriculturaLDeparment of the gentlemRn from l\!issoufrin advocacy of this-measure. It and in -the bureaus of that great Executive Department of the has been suggested here·bythe gentleman·.from Illinois i:Mr.'HOP­ Government, and they can make all this investigation and.report KINS] that·the zeal of the gentleman from Missouri _[Mr. l3AR­ to Cong1·ess. And then, as stated by _the .gentleman from New THOLDT] is new born. Jersey, the courts already, in my judgment,"have ample jurisdic­ Mr. 8peaker, perhaps the zeal may be newborn; but it is-better tion to take care of this question. I am opposed to creating a com­ that the gentleman from Missouri should be inspired by a new­ mission of five additional experts with the large salaries men­ born zeal to perform a long-neglected ·public duty than that he tioned. So far as I am concerned, I am content to have .a vote ·- should smother-in the womb of an unfulfilled dutythe:zeahvhich taken on the measure. I reserve the remainder of my time. should characterize members upon-this floor in regaTd ta the JJro­ Mr. BARTHOLDT. Mr. Speaker, I merely deaire ·to ..say, in visions of this bill. 1.Ir. Speaker, this is a matter·which is urging ·answer to the gentleman from Tennessee, that this question of in­ the consideration of the people of the· United ~ states. The various trusting the Marine-Rospital Service with this work has been rivers of the United States have been investigated. an1l princi}lally thoroughly gone over by the committee. •In order to elevate this among them the Potomac River, on· the banks of·which.l live, and investigation beyond the possibility of sectional prejudice it was which furnishes the water supply'to the District of Columbia, the deemed wise to have an impartial .nonpartisan commission ap­ seat of theNational Government. It has alrea:ly been determined, pointed by the-President of -the United States, without regard to I will say to my valued friend from "Illinois, that the Potomac geographical lines and the sections of the country w.hich are in­ River is polluted, and that has been determined by the ::Marine­ terested in·this legislation. It is a well-known fact that thMuper­ Hospital Service. It has also been determined-- intendent of the Marine-Hospital Service is a St. Louis gentleman, Mr. HOPKINS. Will 'the gentleman allow me right there to and-while, he is an excellent official, we want neither a St. Louis interrupt him? gentleman.nor a gentleman from Chicago to be intrusted with this Mr. PEARRE. Certainly. work; and in this instance a gentleman from Chicagobappens to 'Mr. HOPKINS. If it is truethatthatw..ork h11s been done by 'be Secretary of the Treasm·y. We want an impar.tial,..independ­ the Marine-Hospital Service, you can not do anything more·than ent commission, free ·from all sectional preferences and clothed that by this bill. 1with the highest national authority, a commission which will in­ Mr. PEARRE. I favor additional provisions, and·I-think that spire the confidence so essential to the success of this legislation, this bill 1s a step in the -right direction. and which can come into the House and say to us, "Here are the 1900. OONGRESBIONA'.L REOORD-.HOUSE. 1507 facts as we have .found them; they are absolutely trne and ..reli­ ~ns does tl~e Manley~m of 1898 show its heaa in 1900. Manley slandered white W

Mr. WHITE. I rise to a question of personal privile""e.0 Carolina. The SPEAKER. The gentleman will state it. - As I-said befoi:e, I _want to give the ffillest pnblic:ation to the Mr. WHITE. I ask the Clerk to read the marked article which utterances of this vile sheet:. and I want ·my "olleague,ci 1·n this· I send to the de8k. H b " _., Mr. CUMMlNUS. From what paper? - . ouse? oth..Democrats .and Republicans, wi:th Populists thrown 1111" WH m, to_Judge my character and my conduct fo1· the Tust three years .~u.r. ITE. From -the News and -Observer published at on thIS floor and say whether or not it has conformed to the de- Raleigh, N. C. ' soription given by this fellow who edits the News and Observer The CleTk read as follows·: and poYutes the country with such literature.as has been read at -THE COLORED MEYBRR. the desk. fApp~e.] It is bad en~ugh th~t North qa:o~ina. should have the only nigger Oon- gress,man. It 1s sufficiently humiliating to the white peoIJle of the Second ORDER OF BUSINESS. disti:1ct; ~sad .enough commentary unon the political conditions that ha~e o?tamed m this State. What shall be said when that nigger Congre"sman 1\Ir. HIT.T. Mr. Speaker, I move that the H_ouse resolve its.elf gives utterance to the following on the floor of the House?- · ~ into Committee of the Whole on the state of the Union for the - "I have investigated the lynchin~ in the South and find that less than 15 cons_ ideration of general appropri·ation bills. per cent _of. them a.re due to the crime of rape. And I desire to announce here that 1f 1t were not for the assaults of white men upon black women, there Mr• ROBINSON of Indiana. Pending that motion I would like would be less of the other class." to have an opportunity to ask unanimous consent fu occupy ten 1508 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 5,- minutes. The .body of Major-Genera~ Lawton to-day lies in my ~:~;;;.~~aining something more than a year in Iowa and about one year in home town-hIS home-and I would like an opportunity to offer In 18.5_8 my ~ather returned to Fort Wayne, and I entered the Fort Wayne a few remarks on that subject. Methochst Ep1SC0pal College as a student. Since that time Fort Wayne has Mr. HITT. I will withdraw my motion in order to give the bee~ my home. I rem~ined ~t college until the breaking out of the war in gentleman an opportunity to ask consent. Ap!'il, 1861, when I enlistec1: ma company organized by Capt. W. P. Segur, which ~e~mepartof.theNmth Indiana Volunteers. At the close of my term Mr. ROBINSON of Indiana. I ask unanimous consent to oc­ o_f serv1~ m that regiment I returned to .Fort Wayne and immediately reen­ cupy ten minutes. lis~d Wlth Capt. 0. D. Hurd, whose company became part of the Thirtieth The SPEAKER. The gentleman from Indiana asks unanimous Indiana Volunteer~. At the close of the war I returned to Fort Wayne as colonel of that regiment, entered the office of Judge Ninde (Ninde & Taylor) consent that ten minutes be a.ccorded him to make some remarks t9 read law. In the summer of 1866, at the so;Jicita.tion of Judge Ninde, I left ~pon the life a~d character of General Lawton. Is the~e objec­ his office to take a la\! course. at Harvard Umvers1ty, at Cambridge, !Ua.ss. I tion? The Chall' hears none. The gentleman ,from Indiana will was a student ~tthatmstitution when! received an appointment in the Reg­ proceed. ular Army, which I accepted. As. I was appointed to th~ Army from the State of Indiana, and as I was at MAJ. GEN. HENRY W. LAWTON. the time a c1tizei;i and res1~e.nt of ~ort Wayn~. my miµtary service should Mr. ROBINSON of Indiana. Mr. Speaker, while I speak these not affect my r~~dence or citizenship, and I still remam a resident of Fort Wayne and a citizen of that State. I have a letter before me from-G. w. words of tribute here the body of General Lawton lies in state at Boerger, secretary of Harmony f_,odge, No.19, I. o. o. F.,da.ted Fort Wayne 11is town and mine, Fort Wayne, in northern Indiana, surrounded Ind.i February 24, 1899, in which the following occurs: ' by his comrades of the Thirtieth Indiana and by friends and asso- . " have a ~0 mmencement of our war with Spain, to earn the good opinion and admira- battle on the 18th of December, 1899. He was a member of sev­ tion of my friends and comrades of the civil war, it is a sufficient and ample eral Fort Wayne lodges-of Sion S. Bass Post, Grand Army of the whorecompense can better for alljudge the ofeffort the itmerits has cost of me.a soldier There than are those no people who foughtin the world from R epubl· ic; 0 f H armony L o d ge, Indepen d en t O r d er ·o f Odd F e 11 ows, 1801to1865 and none whose good opinion I appreciate more highly. No. 19, which conferred upon him a short time before his death a Concernmg1 the proposition which you refer to-to raise money for the medal of honor as a quarter-of-a-century member; and of Summit purpose of making some substantial eXI>ression of your appreciation of my City Lodge, Free and Accepted Masons. work-I beg to assure you that your good opinion and good wishes a.re all that I desire, and I trust that my friends will not burden themselves further. The nation which .he served so long mourns the death of this At the same time I beg to assure you of my heartfelt appreciation of your distinguished soldier, and Indianians feel it as a persona.I loss. efforts in that direction. Fort Wayne, the place of his first enlistment, and the city which In reply to your inquiries concerning my birthplace, residence, early life, dun·ng hlS. entire mi·1i·tary serv1·ce he cheri·shed as hi·s home, si·n­ etc., the following, I think, will cover all the facts you desire to know: . My father resJ.ded in Fort ~ayne, Ind., lc?n~ before I was born, he hav- cerely mourns his loss, and its citizens met together in a conven- mg come to Indiana at the tune of the buildmg of the Wabash and Erie t• f · D b 1899 "th f h. Id Id. 91lna.l. C was bort?-, however, on the 17th day of March, 1843, at Manhattan, ion o sorrow in ecem er, ' W1 many o IS o so ier mt.he State of Ohio. Manhattan, now a suburb of Toledo, iose, as proclaimed in the joint resolution adopted by the Congress trammeled expression of a desire on the part of the Cuban people on the 19th of April, 1898, by which the United States disclaimed any dispo­ themselves to be admitted into this Union, they coming in with a · sition or intention to exercise sovereignty, jurisdiction, or control over Cuba., proper form of government to entitle them to admission, and their except for the pacification thereof, and asserted its determination when that wns acCOlll.Jllished to leave the government and control of the island to its people were prepared for it, I would favor it. I will say further­ J>(>ople. The pledge contained in this resolution is of tho highest honorable more to my friend that never would I favor any such method as obligation and must be sacredly kept. that adopted when the Hawaiian Islands were annexed, when the So said the President of the United States, and when he used people of those islands were not consulted-nobody, practically, this language I believe that he earnestly felt what he utrered, except a lot of missionaries, trnders, and commercial adventurers. that it was his purpose, so far as he was able as the Chief Execu­ .M.r. BOUTELL of Illinois. I referred simply to a full and com­ tive, to see that the faith pledged in the resolution of Congress plete vote on the part of the people of Cuba, asking for admission. that he recites should be kept by this Government. In connection Mr. DINSMORE. Well, I have answered the gentleman as with this message, I want to call the attention of the House to definitely as I could and, I hope, to his satisfaction. I do not want one or two incidents. Just after it was sent to Congress by the to be drawn beyond the limits which I have set for myself in this President the Committee on Rules, which has complete control discussion and which I propose to follow in a general and brief of procedure in the House, reported a resolution creating a new way. committee to take jurisdiction of certain legislative matters. But if the flag can not·bepulled down in the Philippines because That committee was styled, is styled, the Committee on Insnlar the honor of the nation is involved, and so it is said; if we have Affairs. It was supposedly created to take jurisdiction of matters pledged to civilization anything in behalf of the inhabitants of the appertaining to the undisputed territory of the United States. Philippines, is it not fully so with regaTd to the Cubans? There 1900. · OONGRESSIONAL RECORD- HOUSE. 1511

is at least this to be said: With reference to Cnba, we defined embarrassments or difficulties presented to us to-day in with­ what honor demands, in the name of liberty, by Congressional drawing onr forces from those islands or in taking a position action. Yet it seems, according to the President, that honor de­ which does not look to ultimate and permanent sovereignty, that mands one thing in Cuba and another in the Philippines. Ad­ condition is due to the fault of ourselves, a.nd not to the inhabit­ miral Dewev has told us that the Filipinos are more capable of ants of the Philippine Islands. self-government than the Cubans. He has said that he is fa­ But whatever the embarrassment may be to-day, I say, without miliar with the two peoples and that in his view the inhabitants hesi.tatio~ so far as I am concerned, that in respect to every tradi­ of the Philippine Islands are more capable of self-government than tion of this Government, with respect to our Constitution, with the Cu.bane. Is not liberty as dear to one as to the other? respect to the Declaration of Independence, which breathes a holy Mr. Chairman, the Cubans and the Filipinos have suffered un­ assertion of the principles of liberty and the rights of all men to der the same cruel oppression and tyranny of the same despotic participate in their own government and control, in view of our power. When we went to their relief the -people of Cuba were own interests, commercial and industrial, this Government should in insurrection against that tyranny and so were the Filipinos, officially say now-we having failed to say it formerly, as we each having organized armies, the army of the Filipinos the should have done-to those people who are in arms against the larger one and more capable and better ::i.rmed than that of Cuba, United States: "It is not our purpose to acquire permanent sov­ both struggling for liberty with the same cause, the same justifi­ ereignty over you. It is not our purpose to hold you in subjec­ cation exactly, though their interests and revolutionary actjons tion and to force upon you agovernment to which you yourselves were not mutual. have objected. We will not do so. We offer to you our friendly When Cuba, which is nearer to our own borders, sent up her assistance to restore peace and order and to establish a government cries of distress, drawn forth by Spanish persecutions, which were of your own_" unheeded, the people of the United States, after -patient and ear­ That is what they expected of us in the beginning; and if that nest protests, demanded that action should be ta.ken on the part of proposition had been made to them at any time dming the prog­ this Government in their behalf. ress of this war, it is my belief that they would have come to 'Vhy? For the purpose of territorial acquisition? Not at all; terms and laid down their arms, and there would have been aces­ that we specifically disavowed; but because the condition of suf­ sation of hostilities. And having done this, I would make a fering, distress, and oppression in Cuba appealed to the sympathy treaty with that government on the part of the United States and of the most liberty-loving people on earth, a people who have 'vithdraw from it and no longer be responsible for it otherwise established for themselves a government under which liberty than as provided for in that treaty. [Applause on the Democratic abounds and whose people desire to see it enjoyed by all who side. l aspire to inde1)endence and freedom. By a solemn resolution That is easy of accomplishment. Why not? What peculiar of Congress we declared that they were and of right ought to obligations rest upon us that will prevent us from doing that? be free and independent; we invoked the power of this great There are two arguments used, two reasons assigned on the part Government to make them so; and for fear of that spirit of greed of the annexationists. The one is in the name of civilization and which dwells 1n the minds of men grasping after money, we pro~ alleged humanitarianism, the other in the name of trade and com- vided in that resolution that it was not the purpose of the United merce. These two alone. _ States to carry on a war of conquest or to exercise any dominion The speeches we hear are not arguments directed to reason; thev or control in the island of Cuba, "but to give those people freedom are appeals to sentiment, to the hearts of the people, their love for and then to withdraw our forces. the flag, and they charge us with interfering with the progress of 'The country is familiar With conditions existing in Cuba at the American arms, and we have been branded in the yellow journals, outbreak of hostilities, and the official correspondence of our con­ and even by men in high official station, as "traitors" and "cop- sular officers on file in the State Department, published with other perheads." - important correspondence, which I shall allude to hereafter, in Mr. Chafrman, the flag is a prolific theme. The mere mention Senate Document 62, has informed us equally well the state of of the flag of our country stirs the hearts of all Americans. When affairs in the Philippines. The conditions were exactly similar. an appeal is made in its name by the sophist, it reaches the unre­ Consul Williams, writing from Manila to the State Department flecting and carries them away at times. Who does not love the on February 22, 1898, said: flag! We love it because it is the emblem of liberty; because it is Peace was proclaimed, * * * but there is no peace nnd has been none for the ensign under which this great country has grown in prosperity about two years. Conditions here and in Cuba. are practically alike. War and wealth and happiness and power; because it stands for the exists. battles are of almost daily occurrence, and ambulances bring in many wounded, and hosr.itals are full. Prisoners are brought here and shot with­ liberty of the individual citizen and fo1· the right of the people to out trial, and Jllamla is under martial law. govern themselves, and never, until this new era of dishonor, has it ever been emblematic of anything else. Writing again, March 19, 1898, Mr. Williams said~ "Who will haul it down?" I should say that a President of the Insi.urection is rampant; many killed, wounded, and made prisoners on both sides. A battle ship, the Don Juan de .Austrfa, sent this week to the United States, loving that flag for itself and every association, northern part of Luzon to cooperate with a land force of 2,000, dispatched to loving it because it means the best things that have ever been ac­ succor local forces, overwhelmed by rebels. complished in this country-and if the simple principles of our Constitution and our system of government are adhered to, as in Rebellion* never* more threatening* to"' Spain. Rebels* getting• arms, money* and friends. and they outnumber the Spaniards, resident and soldiery, prob­ the past, it means more and greater growth in happiness and aWy a hundred to one. material prosperity-that that President, unwilling that the flag In his letter of March 27, Mr. Williams said: should stand for anything other than is consistent with our pro­ Cubn.n conditions exist here possibly in aggravated form. Spanish soldiers fessions in the past, our life as a nation and a people, should, by are killed and wounded daily, despite claimed ;pacification, and the hospitals his own order, have it taken down where it means the subjuga­ are kept full. tion of any people on earth against their own will. [Applause on . When our forces are to be withdrawn I can not say; no other the Democratic side.] gentleman can f'tay; but I hope it may be early. Yet I have grave My friend from Pennsylvania [Mr. SIDLEY] the other day made fears that it will be never, notwithstanding the President's mes­ a very happy and eloquent speech as an annexationist. I listened sage, saying our ''pledge is of the highest honorable obligation to him with a great deal of pleasure. I always do. I have for and must be sacredly kept." We know his and his party's purpose him the kindliest feeliri.g of affection, and my admiration of his in the Philippines, and we doubt. People who will not recognize speech on that occasion was not in the least disparaged by the a moral obligation because it is not evidenced by a sealed contract fact that I knew he could make just as eloquent a speech and a may easily find a way to break the terms of a written bond, espe­ much stronger one upon the other side of the question, and proba­ cially so when the reasons assigned for the justification of the bly will before he is two years older. I am justified in making one are, if true at all, which I deny, equally applicabletot;heother. that statement by the fact that I have heard him make very able What great differences exist that we are impelled on the one hand speeches on two sides of a question quite as important as this to act in the name of liberty and on the other for the purpose of since I have been in Congress. oppression and in denial of freedom? He glorifies the flag. He says that he is an optimist, and I Mr. PEARCE of Missouri. If the gentleman will allow me-­ truly think he is, in the superlative degree. I can not, like him, Mr. DINSMORE. Certainly. I yield to the gentleman. plant myself on hope alone, and without reference to practical con­ Mr. PEARCE of Missouri. I do not desire to interrupt the ditions, in di.c::regard of the operation of legal and constitutional thread of my friend's argument, but his views are always in­ restraints, forgetting our best and holiest traditions, bidding defi­ teresting to me, and I would like him before he concludes his ance to the things that have wrecked governments in other lands remarks to elaborate an affirmative proposition as to what, in his and other ages, declare my belief " that on this continent God judgment, would be a proper solution of the Philippine problem. has willed to plant a people who shall carry the arts of peaca and Mr. DINSMORE. I shall be very glad to do so, and I do not the story of the cross to the nations of the earth" and at the same know that there will be a better opportunity than the present, time offer the sword and the bayonet as the instruments of that because I have no prepared speech to deliver. achievement. God hath said, "They that live by the sword shall Let us take a retrospect for only a moment. If there are any perish by the sword."

"- 1512 CONGRESSIONAL . RECORD-HOUSE. FEBRUARY 5,

My friend used this language with reference to Rome, which I their lips the parting kiss of sweetheart, sister, wife, and mother, recall, and quote from the RECORD: followed across the seas by prayers of loved ones at horr..e, are Mr. Speaker, we have held up to us for warning the history of Persia and now returning cold and dead: bringing a pall of gloom into thou­ Greece, of Babylon and Rome. They have flourished and have faded. They sands of homes. Ten thousand weepers and mourners will stand had their morning hour and their meridian and went ont in the blackness of night. Home expanded until, like a wheel, the spokes radiated from the hub about them, and pour out tears before the broken forms of those throughout Europe, Asia, and Africa. The collapse of her power and of every that "sleep the sleep that knows no waking." And may I be per­ empire of the past came not from the weakness of the periphery of the wheel, mitted to ask of the President, of every Republican in the coun­ but from !;he rottenness of the hub. try, and of my good friend from Pennsylvania, how many more Mr. Chairman, that is exactly what we, of conservative position American lives they feel justified in sacrificing, how many more upon this question, desire to prevent for our own country-the homes shall be made desolate, in the name of trade and'' mercy?" l'Otting of the hub. The gentleman is correct, but when the pe­ That is the price that is being paid for the domination of the riphery was extended to such remote bounds, when so many spokes United States in the Philippines; that is the sacrifice that is being were crowded into the hub, when an enormous military establish­ exacted by the President. Is it wit.h the consent of the people? ment became necessary to keep in subjection and order all this Was it done with the consent of Congress? Congress was not wide domain over which Rome exercised control, then itwas that consulted in regard to the action to be taken in the Philippines. the possibility arose for corruptions to begin at the center of gov­ This calamitous condition was brought upon us by the actl.on of ernment and the hub became strained and split and cracked and the Administration, by the Executive and his officers. 1·otten, and the whole Empire came tumblin,.g down, a mighty heap He sent his commission to Paris to effect a treaty of peace. of ruin upon the heads of people who had enjoyed liberty before. There was but one thing that stood as an obstruction to the We would pursue a conservative, safe course in this country. speedy accomplishment of that purpose. They demanded cession We desire to refrain from expanding our dominion away out into of the Philippines. Under instructions, the American commis­ the islands of the sea, because we believe it is dangerous; because sioners held the knife at the throat of a prostrate, beaten antago­ we believe the creation of great standing armies is not only expen­ nist, and holding out $20,000,000 as a bribe, added to intimidation, sive and a drnin upon the substance of the people, but that it im­ induced him to yield a reluctant consent; $20,000,000 were given perils their liberties; because we believe that it tempts the jealousy as consideration for the privilege or as a pretext to crush the J!'ili­ of other nations and makes us a party to the contest going on in pinos and force them into subjection to this Government against the great Orient for the possession of territory when we do not their will; $20,000,000 were paid for an excuse to sacrifice thou­ need it for our own uses. sands of Jives of Americans arid islanders in the name of God and I do not believe, Mr. Chairman, in the theory of commerce by trade; and gentlemen call this" carrying the arts of peace and the military establishment. I believe that commerce follows peace. story of the Cross to the nations of the earth." I do not believe in the trade of the bayonet; I believe in the trade How does this appear to you? What kind of sentiment does it of the pen and countinghouse. I do not believe in the trade of the engender, what feeling inspire, in view of all that was said and man-of-war with bristling cannon; I believe in the trade of the done in the cause of liberty for CulJa? Now, "honor" demands ship that :flies under the white sails of peace and friendship and that we must wage cruel war against the Filipinos to force them to thrlft and competition, bearing our commerce to every clime and submit to that which under the dictates of honor we freed the offering it to the world upon terms which are reciprocally bene­ Cubans of. So it runs-all through, the same character of dissimu­ ficial to it and to us. This is the true theory of commerce, and no lation and false pretense, for I must call it that; and they insist other can be justified. By it we maintain peace and friendly that we are now committed to it forever by the action of the Fili­ relations with all the world. By the other we constantly hazard pinos themselves, which is but adding one degree mo1·e of hypoc­ the liberty of the people and endanger our Government to dis­ risy. turbances and embarrassments with foreign powers. Mr. Chairman, when we have cited them to the fact that we But, Mr. Chairman, I ask the House to reflect a moment upon gave the Filipinos cause to believe that we would assist them the theory of commerce as a justification of the Administration's to independence, and that we sought and had their cooperation policy. If this war is being waged for money, that there shall be in fighting the Spaniards, that by their aid the Spaniard was additional trade established for the benefit of those who sell and crushed in Luzon, they say there was no cooperation. There was buy in this country, what is the price that we pay? It is not only a practical alliance between our forces and Aguinaldo; but this, the millions of dollars that go out from the Treasury to maintain too, is denied. permanent armies; it is not only the millions of dollars that will A commission appointed by the President, in their "preliminary be necessary in the future to maintain ·colonies under military report," which was filed and referred to Congress by the Presi­ rule; not that alone; we are paying for it in the precious blood of dent with his message, says there never was any cooperation. our land. Who shall adjudge the value of an American soldier's While battling for the liberty of the people in Cuba when we as­ life? Who shall place it in the scale with trade and dollars and serted the sovereign right of all men to control their own desti­ material wealth? nies, or at least participate in that control, it became necessary Who shall say how many lives we will be justified in expending to strike the enemy in the Orient. for the establishment of the trade which gentlemen value so He had a fleet in Manila Bay. He had garrisons in the Philip· highly? The soldier must do his duty. His duty is to obey orders, pine Islands. All are familiar with our wonderful victory in and the President is his officer of supreme command. No matter Manila Bay. But while Dewey held the bay Aguinaldo and his what the danger, what the cause. Soldiers know nothing of patriot army pressed the land forces of the enemy to the very verge causes. When ordered to fight the Filipino, could they refuse? of the sea and could have taken the city of Manila any day. There Not tho' the soldier knew was no cooperation say the commission. How came Aguinaldo Some one had blundered: there? Go to the official reports of our own officers and ascer­ Theirs not to make reply, tain. United States Consul-General Pratt at Singapore held fre­ '!'heirs not to reason why, Theirs but to do and die. quent interviews with Aguinaldo before the battle of Manila, and through him communication was had between Dewey and Agui­ Ah, Mr. Chafrman, the blunders of this Administration have naldo, whichledtothelatter's acceptingpassageon a United States accomplished a fearful harvest of death. The Washington Post ship of war and going to Manila and taking command of the in­ two days ago gave this telegram from San Francisco: surgent army by the assistanceandadviceof Admiral Dewey, who REMAINS OF 800 AMERICAN SOLDIERS. furnished him with arms. SAN FRANCISCO, February S, 1899. Before Admiral Dewey left Hongkong for Manila Consul-General A cable from Manila was received from the quartermaster's department Pratt wired him from Singapore that Aguinaldo was willing to stating that the Hanc_oCk sailed for.San.Francisco ~m.Janua~y 19wi~h the bodies of 462 dead soldiers. The Indiana is expected m unm~diately with 200 join him "for general cooperation, if desired." Those were the bodies, and the Ohio, with 138, arrived to-day. words. What was Dewey's answer? "Tell Aguinaldo come Over 800 dead soldiers brought back to their native land. Dead, soou as possible." Aguinaldo arrived at Hongkong too late to go Mr. Chairman and gentlemen. Dead, Mr. President and Messrs. with Dewey, but so important was his presence and cooperation Commissioners. Dead, as a logical, inevitable result of your blun­ esteemed th~t by Dewey's orders he was taken on board the dering, grasping policy. Sacrifices offered up by this Administra­ McCulloch and conveyed to Manila. What further evidence is tion in the name of trade, in the cause of greed, in the cause of a there of cooperation? On July 4 Gen. Thomas Anderson, com­ false and hypocritical philanthropy. I protest against it. Even manding the United States land forces, wrote to Aguinaldo, hav­ this morning the gentleman from Indiana [Mr. ROBINSON] arose ing been placed by Dewey at the head of the insurgent army, as to announce that the galla.nt General Lawton to-day lies in his follows: native city in state, with his comrades and his friends weeping General I have the honor to inform you that the United States of America, whose land forces I have the honor to command in this vicinity, being at war about him. with the Kingdom of Spain, has entire sympathy and most friendly senti­ That great life was given as a sacrifice, an enforced sacrifice, ments for the native people of the Philippine Islands. fl'or these reasons I by this Administration to establish domination in the Philippine desire to ha>e the most amicable relations with you, and to have you and Islands. By what right are these 800 lives sacrificed? And there your people cooperate with us in military operations against the Spanish have been many more and there will be yet more. These boys forces, etc. who went away a few months ago under orders: and bearing upon Now, this same commission tells you that not until long after 1900. CONGRESSIONAL RECORD-HOUSE. 1513

that, until after the Spaniards had been crushed, did Aguinaldo must go on to the bitter end. That end is not yet reached, and or his followers ever express a desire for independence. But here Otis is responsible. Admiral Dewey tells you in this dispatch to the Department, dated Let us look a little further. These things are being done in the June 27, that he has gone to attend a meeting of the insurgent name of "benevolent assimilation" and other high-sounding leaders for the purpose of forming a civil government. phrases. · DEWEY'S DISPATCH. The President of the United States appointed his commission Ho~GKONG, June S7, 1898. and sent them out to the Philippine Islands. That commi~sion SECRETARY OF NA.VY, Wa.shington: reports that the people of the Philippine Islands never dreamed Receipt of telegram of June U is acknowledged. Aguinaldo, insurgent of independence till after the Spaniards had been crushed and we leader, with 13 of his sta.ff, arrived May 19, by permission, on Nanshan. Es­ tablished self Cavite, outside arsena.1. under the protection of our guns, and had taken possession of Manila. The records tell you differently. organized his army. I have had several conferences with him, generally of The Singapore Press, reciting interviews between our officials and a persona.I nature. Consistently I have refrained from assisting him in any Aguinaldo, their correctness vouched for by United States Consul­ way with the force under my command, and on several occasions I have declined requests that I should do so, telling him the squadron could not act General Pratt, controvert the statement. The proclamation of until the arrival of the United States troops. At the same time I have given the Philippine representatives, made public to th~ 'Yorld, te}l you him to understand that I consider insurgents as friends, being opposed to a differently. The very !3truggle of those people stnvmg for hberty common enemy. He bas gone to attend a meetin~ of insuI"gent leaders for the purpose of forming a civil government. Aguinaldo has acted independ­ itself gives the lie to the commission's statement. ently of the squadron, but bas kept me advised of bis progress, which has After the Spaniards had capitulated, but before the treaty was been wonderful. I have allowed to pass by water recruits, arms, and ammu­ concluded, the President issued a proclamation and sent it over to nition, and to take such Spanish arms a.nd ammunition from the arsenal &.'> he needed. Have advised frequently to conduct the war humanely, which be promulgated by General Otis. General Otis took a very ex­ he has done invariably. * * * In my opinion, these people are far superior traordinary liberty with that proclamation-a liberty which he in their intelligence and more capable of self-government than the natives was justified in taking in the cause of fairness and honesty, and of Cuba, and I am familiar with both races. DEWEY. for the purpose of preserving the good name of our country. Whether that was hls motive must be ascertained by all that he . Is this cooperation? He says that he furnished him the means to said and did taken together, but it might well have been. That get arms for his people. That he acted independently it is true, he did so is not denied. He himself reports the manner in which but under the ad vice of Dewey, and Dewey commends him for the manner in which he is discharging the duty which is expected of it was done. What does he say? General Otis reports- After fully considering the President's proclamation and the temper of him by Dewey and the military commanders that he shall perform. the Tagalos, with whom I was daily discussing political problems and the "'They did not expect independence." Why, Mr. Chairman, friendly intentions of the United States Government toward them, I con­ one of the most pathetic things in the history of all the transac­ cluded that there were certain words and expressions therein [the President 'a proclamation], such as" sovereignty,"" right of cession," and those which tions, in view of what is now said and the contention of people in directed immediate occupationi etc., which, though most admirably employed Congress and of the Administration, is contained in a proclama­ and tersely expressive of actua conditions, might be advantageously used by tion of joy which the insurgent representatives in Hongkong sent the Taga.lo war party to incite widespread hostilities among the na.tives. The to the people in the Philippine Islands after the conference with ignorant classes bad been taught to believe that certain words, as "sover­ eignty," "protection," etc.,had peculiar meaning disastrous to their welfare Pratt, after Dewey had gone to Manila to strike the Spaniards. and significant of future political domination, like that from which they bad Here it is-a part of it-of the proclamation to the Filipinos from recently been freed. their leaders, the Filipino junta, in Hongkong: It was my opinion, therefore, that I would be justified in so a.mending the paper that the beneficent object of the United States Government would be Compatriots, Divine Providence is about to place independence within our br-0ugbt clearly within the comprehension of the people, and this conclusion reach. The Americans, not from any mercenary motives, but for the sake was the more readily reached because of the radical change of the past few of humanity, have considered it opportune to extend their protecting mantle days in the constitution of Aguinaldo's government, which could not have to our beloved country. Where yon see the American flag flying, assemble been understood at Washington at the time the proclamation was prepared. in mass. They are our redeemers. It was also believed that the proclamation bad been induced partially by the Does that read as if they hoped for independence? But that is suggestions of the naval authorities here, which three weeks previous, and while affairs were m a specific and comparatively quiet state, had recom­ not the only significance of this dispatch. Mr. Rounseville Wild­ mended "that the President issue a proclamation defining the policy of the man, United States consul at Hongkong, had advised with Agui­ United States Government in the Philippine Islands and assuring the inhab­ naldo throughout, and says himself that he (Wildman) outlined itants that it is our intention to interfere as little as possible in the internal affairs of the islands; that as soon as they developed their c:ipability for the proclamation Aguinaldo issued to his people. This is his self-government their powers and privileges will be increased. That will language: allay the spirit of unrest." Immediately on the arrival of Aguinaldo at Cavite he issued a proclama­ tion, which I had outlined for him before he left, forbidding pillage and mak­ What "beneficent object?" We could only have two pur­ ing it a criminal offense to maltreat neutrals. He, of course, organized a gov­ poses-one to assist those people in accordance with our pledge to ernment of which he was dictator, an absolutely necessary step if be hoped the Cubans to establish a free government for themselves and the to maintain control over the natives, and from that date until the present time he has been uninterruptedly successful in the field and dignified and other to take away from them their liberty. One or the other of just a.'> the head of his government. According to his own statements to me these must be our purpose. It developed in the President's proc­ bv letter. be has been approached by both the Spaniards and the Germans, lamation that the purpose of the United States was to take away and bas had tempting offers made him by the Catholic Church. He has been watched very closely by Admiral Dewey, Consul Williams. and his own junta their liberty. But General Otis says, ''We must disguise this here in Hongkong, and nothing of moment has occurred which would lead purpose; we must so amend thls proclamation that the Filipinos anyone to believe that be was not carrying out to the letter the promises will not be misled and the benevolent purpose of the United States made to me in this consulate. be misunderstood." Here is proof both of abundant cooperation and of the hope Why, Mr. Chairman, I can not believe otherwise than that Gen­ and expectation of the Filipinos from the first for independence. eral Otis at the time he took this liberty with the President's Does it appear that they wanted independence? Were they jus­ proclamation, believed that the language used by the President tified in sending their proclamation from Hongkong? They were did not convey the purpose of the Administration. As a liberty­ justified in every view; by the position we had taken with refer­ loving man, as a self-respecting American citiz~n bearing a com­ ence to Cuba, by the solemn promise of the Congress of the United mission from his Government, he was justified even in taking the States in reference to Cuba, because they were exactly in the position that the President used terms which he did not intend to condition that we found the Cubans. They wanted us to assist use. If that was not his understanding, then his words which I them to independence and then withdraw. have quoted are UEed as irony. Does anybody believe any Filipino insurgent or leader thought The sarcasm, the biting, burning sarcasm, with which he blisters that our people had any other purpose than that? Doe~ any mem­ the President .of the United States in that dispatch amounts to ber believe that Admiral Dewey ever expected anything else to insubor1lination for which he might have been court-martialed. occur? Do you believe that Otis, or any other general in com­ But, Mr. Chairman, a peculiar temper pervades the mind of the mand of the land forces, expected anything else? To have taken annexationist of to-day. It is needless to stand here and discuss a position at the time these difficulties first occuned that we the analogies between the acquisition of the Philippines and the would pursue any other course than that which we pursued acquisition of the Louisiana purchase. Why not come up and toward Cuba would have been an insult to the dignity and fair consider this question upon its merits? name of the United States Government. The Administration con­ Everybody knows that different reasons existed in the two cases; tends that the Filipinos opened hostilities against us. that different objections obtained. I shall not pause to discuss To say so is not true. We began them ourselves. We firedt he that phase of the question. The first question is, Do we neeq the first shot. A soldier from a Kansas regiment fired upon a Filipino Philippines; and if so, for what purpose? The second is, Have we patrol between the lines of the American and insurgent forces. the right, under the Constitution, to acquire them? And a third The fire was returned, and a number of the native soldiers were question is, If we have the right, and if we have a need for them, killed. Aguinaldo immediately expressed to General Otis his regret can we, under our traditions, under the broad pledge of this at the occurrence, distinctly disavowed any purpose of hostility, and great Union of States, under every observance by which we have offered to move his lines back as far as the American commander grown great and strong and mighty as a nation, afford to tear desired. Honor between men, honor between nations, honor in down the beautiful temple of liberty which we ourselves have every sense demanded that this proposal should have been recog­ constructed and make it a waste place and a burying ground for nized in the interest of peace. But it was not. General Otis the blasted hopes of humanity--for the dead aspirations of those made the cruel reply that since the fighting had commenced, it' who have striven .for freedom?

-- 1514. CONGRESSIONAL RECORD-HOUSE. FEBRUARY 5,

The President and his commission would have ns believe that Mr. DINSMORE. Are the Filipinos to become citizens n:nderth& the natives-those engaged in resistance to our arms-are brutal new order of things, enjoying equal rights-with us? NobodywHl an.cl cruel and have no conception of free government~ nor desire be bold enough to propose that. Mr. Whitelaw Reid, in the address for it, and that if we withdraw, chaos-would follow and lawless­ to which I have referred, says that "it is not to be considered or ness run riot; that they are incapable of forming a government. thought of; they are not fit for it; they ean not be made so;" and To refute this we have not only the direct testimony of Admiral he holds that they should be held as a. subject province under the Dewey, but he reports the testimony of officers whom be sent on dominion of the United States, suffering such impositions as we a tour of inspection of 600 mile.s in the interior, where the Tagal impose upon them, and denied the blessings that are enjoyed by government was- in forcer our citizens. Is this Americanism? When did it become so? I shaJ.l not go into a discussion of the constitutional questions Why, Mr~ Chairman, the very thing our· fathers fought against involved in the Administration's purposes. :My object is only to was taxation without representation. Can it be that England had make plain what i1; iB intended shall be done and how, and to ex­ no right in justice or morals to impose such burdens upon us, who pose the insincerity: of the motives and plans, that the American were confessedly her subjects, and that we may honorably and people, who must ultimately determine thil:! qnestion for them­ rightly exercise- such power over the Filipinos. who have never selves, may know what they are to pass upon. I said a moment owed us any kind of allegiance? I am sorry indeed to find people ago that a peculiar temper prevails. Men are inspired these days who seem to think so. with great contempt forconsti.tutional obstructions. Gentlemen Have we already advanced the car of liberty so far that we may of this House have been busy for weeks and are still engaged in now reverse its wheels? Have· we done so much for the fair god­ seeking some constitutional f!anction for imperiali~ for holding dess that we may now turn and rend her? Oh, that ·patriotism subject provinces: by military power.. If they fail, and they will, might inspire the hearts of Americans with love of country rather I nevertheless expect to hear them assert it. They should, if they than desire for conquest and greed for ill-got gold! intend to persist in their purpose, be as honest as Mr. Whitelaw Oh,.. that.our people might be governed now, as in the past, by Reid. During" the summer I received a copy of a speech deliv­ the one desire to make.of this agreat proud republic, where peace ered by him before 11he Miami University, in Ohio, upon the sub­ may ever abide and. the happiness of our citizens at home be the ject of the duty of the American Government in the Philippine chiefost aim, the first purpose of the law:.;. Shall our flag, that Islands. we all love because it has ever been the emblem of liberty, of Mr. Reid takes up this question of constitutionality and the the mriversa-1 equality of man, of his right to govern himself, of rights of the United States to acquire territory for purposes other the immortal principle that government derives its just powers than that of statehood. Under the Constitution., according-to the from the consent otthe governed, whose bright constellation and contention of some, and as I myself believe, as interpreted in the­ flowing stripes remind us of our growth in power and d-ominion decisions rendered by Chief Justice Marshall and followed by arrd happiness, while adhering to the· sftfe traditions- grown 011t the Supreme Court in other decisions, our constitutional power is of the Declaration of In.dependence-shall jt be the ensign that limited to acquiring territory· for statehood. But I care· not to shall fl.oat over the heads of people- held i.rt subjection to our Jaws discuss that. I am showing now the temper which possesses the by military power against their will, laws-tha;t discriminate again.st minds of men. Mr. Whitelaw Reid takes up the::;:e decisions· and them and deny them participation in the blessings that we· enjcry? refers to what Jefferson and Madison said. He comm-ants upon God preserve it from such disgrace. God restrain our-people froni what Senator HoA.R has said and upon the decisions of Chief Jus­ the perpetration of such a wrong. God make us strong in the tices Marshall and Ta.ne-y, and h~ uses this startling, language"' I futnre, as we have been in the past, for the-establishment and pro­ quote from memory! motion ofh"berty in our O'Wn land, by the lightof our example in­ I would not by a. flair's breadth disparage the weight to be attached to the spiring it throughout all the world. [Loud applause.] O"{>inions and decisions of these lea.med men.; but lean.not belie.ve that any Mr. BOUTELL of Illinois. I wish to ask the gentleman one d1spasgionate person can read these decisions and opinions in the light of sur­ roundfug circumstances and tho conditions under which they were rendered question, if be will. answer it. and expressed and come to any other conclusion than that they a.re flimsy as Mr. DlNSMORE. With 12lerumre, if I can. a.cobweb. Mr. BOUTELL of Illinois. There is, of course, a great diver­ Behold, Mr. Chairman, a. greater than Washington is here, a sity of opinion among thos0' who are honestly seeking to arrive more profound and.learned jurist than Marshall, a greater patriot at a conclusfon as to the most honorable course to be pursued in than Jefferson, a wiser than any of the fathers-the gentleman the treatment of the Philippine Islands, both immediately and in who assisted in negotiating the treaty with Spain at the dagger's the fntur&.· Is it the gentleman·s view that tb.e United States point and wrested from her herpoor title to possession which she troop&in the PhiliQpines should be immediately withdrawn and was not able to ma.in.tam agafust the insurrectionists themselves leave the-Filipinos absolutely to their own devices?- and to enforce her authortty beyond the narrowest limits. M"r~ DIN-S""MORE. Immediately? Not only does Mr Reid say this; he goes further, and makes l\1r. BOUTELL of Illinois~ That· they be immediately left to assertions each more startling and dangerous. 1 am sorry that I their own devices? · have not here a copy of his address. I tried to proCUTe it, but n.fr. D.J:NSMORE.. I do not thinkthey onght to be immediately was unable to find it bl. the Librru:yor elsewhere. I state it from withdrawn. I have already stated to the House that I think ouT memory, but 1 pledge myself to the correctneSS' of its substance, course with reference to them should "be the- same as our course if I do not give it in the exact language, and I can almost do that. was promL"ed to be to Cuba, whether we ever fulfill it or not. I In speaking of the purposes of this Government and our possi­ hold that the highest and first duty of the American Government bilities as a nation, he· says.:- is to our, own people, without reference to what may happen to Neither chains forged in the Constitution. nor chains of precedent, nor yet anybody elsB. rApplause on thB Democratic side.J the dead hand of the FatheT of his" Country, whom we· all re-vere, ea.n prevent Mr. BOUTELL of Illinois. I would like to ask the gentleman us as~ nation from doing anything that any other nation could do or meeting any emergency whfoh. a.rises or. discharging any oblig_a.tion which imposes. one further question~ Would the gentleman be in favor of the retention of the Philippines at the request of the Filipinos? There you are! What useful function is left for the-Constitu­ Mr. DINSMORK Oh, well, lli. Chairman, that is the same tion? question propounded with reference to Cuba. . . What is meant, Mr. Chairman. by this? When an emergency Mr. BOUTELL of lliinois. I am asking it honestly and sin­ arises the Constitution, if it stand in the way, will be-disregarded. If an ~bligatfonimposes, we will discharge that obligation. without cerely. reference to the organic law of the land-:-throw it aside, j_ust as Mr. DINSMORE.. I would no~ If I could be satisfied that a. his colleague and com-peers. have cast aside' the Declaration. of substantial majority of Cubans should desire it, I might be willing Independence and trodden it under foot. We will not be bound by to take them; but the Philippinea, so remote from us-I care not cha.ins forged in the Constitution. We will perform our purpose, what may be said about the obliteration. of time and distance fu whatever that pui-pose may be-. eommunication-and so near to other powers struggling for su­ Mr. Chairman, who is to determine when the emergerrcyarises? premacy in the Orientr I would not be willing to take under any Who is to decide when an obligation is imposed? If we cast our­ view. selves loose from aJl moorings to constitutional safeguards, then Mr. WILLIAMS of Missfssippi. So numerous and so alien. we are left to the opinion of any bare majority which may get Mr. DINSMORE. Yes; so filled with people who never can b& control of. the affairs of the Government, and in this" instance we homogeneous with us. I do n~t want them. I.think they would be should be left to the dictation of a class of statesmen whom I for an. injury rather than a. blessing to us. one am unwilling to intrust with the sacred. rights of the people 1\Ir. BOUTELL of Illinois. Does the gentleman from Arkansas unrestrained by " chains forged in the Constitution." think that•if' we retained the Philippines with the consent of the Tlie CHAIRMAN (Mr. ALLEN of Maine). The ti.ma of the gen­ Filipinos: it would be of commercial advantage or disadvantage tleman has- e-xpired. to thli:I counti:y? ' Mr. CLARK of Missouri. I ask unanimous, consent that the M-r. DINSMOR:Ir. I think it would be an absolute impossibility gentleman have leave to finish his remarks. . . . within years to come for us to. know whether we had the consent The CH.AIRMAN. The gentleman: from. Miss-Oun asks u.nam.­ of the Filipinos, particularly while-we are in military occupation. mous consent that th& gentleman from Axka.naas be allowed. to Let me say that I do not care how much they might desire it, I finish his remarks. Is there objection?. should be opposed ever to taking them, because I think it would There was no objection. be a mena.ce to us and a danger, without compensating advantages. 1900. CONGRESSIONAL RECORD-HOUSE~ 1515

Mr. BOUTELL of Illinois. I agree with the gentleman that it The message also announced that the Senate had passed without may be difficult to ascertain the opinion of all the Filipinos; but amendment bills of the following titles: supposing by a proper plebiscite they should request retention by H. R. 947. An act to create a new division in the eastern judi­ the United States, does the gentleman think it would be to the cial district of the State of Tennessee; advantage or the disadvantage of the United States from a com­ H. R. 5491. An act to amend section 4843 of the Revised Stat­ mercial point of view? utes; and Mr. DINSMORE. I do not think it would be of any advantage H. R. 5042. An act to provide for improvements in the tax de­ to us from a commercial point of view. I have already stated that partments of the District of Columbia. I believe that healthful, desfrable, profitable trade follows peace rather than war,thriftratherthan force, and that we should main­ CONSULAR AND DIPLOMATIC APPROPRIATION BILL. tain relations of peace with the world and adhere to the injunction The committee resumed its session. of our fathers to keep free from entangling alliances. I believe Mr. ADAMS. Mr. Chairman, the Honse has under considera­ that an adherence to the Monroe doctrine rather than a departure tion the consular and diplomatic appropriation bi:ll. The slight from it would promote our commerce, our happiness, and OUT changes in the items thereof have . been so well explained by the safety. chairman of the committee that I do not see that 1t is necessary One more word in closing. Mr. Chairman, I have a horrible to go further in that direction. But, Mr. Chairman, the thought fear that if this thing is done, it may be the beginning of the end. arises whether we, · as representatives of the people, in simply It will be done unJess prevented by the people in the ensuing elec­ passing the appropriation bills for the different branches of our tion. The decree of the Administration has gone forth. When Government, perform our whole duty in not looking into the Americans deprive other people of liberty as they desire it, I trem­ condition and state of them to see whether our appropriations are ble for our own. Perhaps the roseate view of my friend from wisely bestowed and whether thP,y are organized for the fullest Pennsylvania [Mr. SIBLEYj is the correct one, but mine at least efficiency and for the greatest degree of economy. accords with history in the past, and his is based only npon hope In appropriatmg the various items of the sum total for our con­ and pride of race. (Applause.] sular service, should we not look into that branch, a most impor­ MESSAGE FROM THE S~.A.TE, tant one in the commercial relations of our country, and see what The committee informally rose; and Mr. LACEY having taken its organization is to-day, what are the principles upon which it the chair as Speaker pro tempore, a message from the Senate, by is founded, and what is the efficiency of the personnel of that Mr. PLA.TT, one of its clerks, announced that the Senate had passed service? It strikes me that this would be a proper function to be bills and joint resolution of the following titles; in which the performed by the representatives of the people in passing this concurrence of the House of Representatives was requested: annual appropriation bill, and I ask the attention of the com­ S. 746. An act to authorize C. R. Dobbins to accept a watch mittee for a short time while I call attention to the present organi­ awarded to him by the government of the Dominion of Canada in zation and the conditions that exist in our consular service to-day. recognition of his humane and gallant services to the shipwrecked It is a curions fact, Mr. Chairman, that with all the energy and crew of the British schooner Ashton, of Weymouth, Nova Scotia; push shown by the business men of our country in developing S. 707. An act for the relief of Charles T. Rader; trade at home and their exports abroad, they have paid so lit­ S. 421. An act for the relief of Napoleon B. Giddings; tle attention to this most important service which represents the S. 422. An act for the relief of George A. Orr; best interests of our country in foreign lands. It is even a S. 423. An act for the relief of Joseph W. Carmack; more curious fact that those who are intrnsted with the govern­ S. 424. An act for the relief of John S. Neet, jr.; ment of our country, botJi the executive and the legislative S. 425. An act for the relief of John M. Davis: branches, have paid but little attention to this important service S. 426. An act for the relief of Ezra S. Haven8; from the foundation of the service by the act of 1780. Nothing S. 427. An act for the relief of A. F. Fleet; was done in the whole history of our country to enlarge or im­ S. 428. An act for the relief of Laura S. Gillingwaters, widow prove the service until 1883, when a bill was passed taking away, of J. E. Gillingwaters; - to a large degree, the shipping fees which had grown to be such S. 432. An act for the relief of James W. Howell, late of Com- a sore in the service and brought it into such disrepute that it pany H, Fifty-fourth Regiment Illinois Infantry Volunteers; was found absolutely necessary to take some step in that direc­ S. 433. An act for the rnlief of Richard C. Silence; tion. From that day to this there has been no practical legjs1a­ S. 436. An act to correct the military record of Perry J. Knoles; lation bearing upon this important service in our country. S. 437. An act for the relief of Isaac McConnaughay, private, Some of the consulates that were of great importance since that Company H, Fortieth Iowa Infantry Volunteers; time, owing to changes in the trade, have become less so, and those S. 438. An act for the correction of the military record of James that had no factor in the development of our trade practically, M. Crabtree; owing to geographical and political changes, have become some of S. 439. An act for the correction of the military.record of .John the most important in the service. The compensation attaching R. Leonard; to these various positions has not been changed, while the cost of S. 359. An act to extend the privilege of immediate transporta­ living has greatly increased. Thewhole system of salacies in the tion of dutiable goods to the port of Astoria, Oreg.; service is hodgepodge, some increased here and there under diplo­ S. 1590. An act for the erection of a public building at Provi­ matic appropriation bills, but as a whole not founded on any idea dence, R. I.; of system 01· proper compensation for the amount of work done or . S. 2727 ... An act authorizing payment of commutation of ration the ability of the incumbent that holds the office. to the petty officers of the Navy who served on detached duty be­ Such changes in condition show the necessity for a careful re~ tween March 1, 1898, and November 4, 1899; and vision of the salaries throughout the service. As an example of S. R. 51. Joint resolution recognizing the gallantry of Frank H. the incongruous condition which this detached legislation has im­ Newcomb, commanding the revenue cutter Hud-son; of his officers posed upon the service the following are cited: and men; also retiring Capt. Daniel B. Hodgsdon, of the Revenue­ . The consulate at Nuremberg, Germany, a city of -160,000 inhab­ Cutter Service. for efficient and meritorions services in command itants, hasa salary of $3,000, and the consuJate at Ftirth, bnta few of the cutter Hugh McCulloch at :Manila. minutes distant by street car, has a salary of $2,000. The message also announced that the Senate had passed with On the other hand. the important consulates at Mannheim and amendments joint resolution (H.J. Res. 6) authorizing the Sec­ Munich, the latter the capital of Bavaria, a city of 405,000 inhab­ retary of War to use $50,000 of the appropriations for the support itants and the residence of a large American colony, have a salary of the Regular and Volunteer Army for the fiscal year ending of only $1,500 each. June 30, 1900, for the construction of a modern hospital at Fort The values of declared ~xports to the United States from the Leavenworth, Kans. Mannheim district in 189-! were $3,648,989; in 1895, $3,875,538; and The message also announced that the Senate bad agreed to the in 1896, $3,468,261; while those from N m·emberg were, 1 94., amendment of the House of Representatives to the concurrent $1,406,740; 1895, $1,525,204; and in 1800, $1,561,521. resolution of the Senate No. 11, to print 7,000 copies of the report The case at Kehl is even more striking,. for the district of that of Maj. Gen. John R. Brooke, military governor of the island of consulate includes all of Lorraine and a large part of Alsace, where Cuba. the cases of friction between the authorities and natmalized Amer­ The message also announced that the Senate had passed the ican citizens, ~atives of those provinces, are of constant occur­ following resolution; in which the concurrence of the House was r~nce and reqm.re on the part of the United States consul the exer­ requested: cise of firmness and diplomatic discretion, while the duties of the RRsolved by the Senate (the House of Representatives concurring) That consul at Munich, with its large number of inhabitants, many of there be printed for immediate use as a public document ll.000 copies of the them being Americans, requires the assiduous and constant atten­ proceedings in connection with the reception of the Webs~r statue on Jan­ uary 18, 1900, as reported by the committee of arrangements, of whlch 1,000 tion of the person occupying that position. shall be for the use of Mr. 8tilson Hutchins, 4,000 for the use of the Senate, The recital of these facts assuredly shows the need of the reTI.­ and 6,000 for the use ot the House of Representatives; also 10,000 copies in the sion in our consular service, and they could he amplified in every form prescribed by law for_printing eulogies, of which, in cloth binding, 1,000 portion of the globe to which that service is extended. shall be for the use of Mr. Hutchins, ~000 delivered to the Senators and Rep­ resentatives of the States of New-Hampshire and Massachusetts, 2 000 for . Thus it will be seen that from a bnsiness standpoint the service the use of the Senate, and 4.000 for the use of the House of Representatives. to-day is in a most mixed and unsatisfactory condition. Let us 1516 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 5, . look at the organization of the service; let us see how the appoint­ It is proposed to place all grades of consuls under a salary and ments are made, what qua.lifications are deemed necessary, and to do away with consular and commercial agencies, and provide what is the tenure of office. I 'vish it distinctly understood that that all fees of all kinds must be accounted for and covered into I am speaking absolutely from a nonpartisan standpoint. I do the United States Treasury. Of the advantages of this system not attack the Administration of either political party. I hold over t.he present one abundant evidence is presented by those most that under the present system it is absolutely impossible for the conversant with the ueeds of the service. In 1871 Inspector Keim Executive of our Republic or for any Senator or Representative, reported: however earnest or highly qualified he may be, to stand up against The a.ct of 1856 was doubtless designed to correct the most conspicuous of the political pressure that is brought to bear to-day to secure the abuses which prevailed. * * * The evils prior to that date may have political appointments in our consular service. been mitigated or may have suffered temporary abatement. * * * They were certainly not eradicated; and these abuses * * * have been perpetu­ The advantage of a reorganization of our consular service has ated in most cases by each succeeding officer. been called to the attention of Congress from time to time by those Again, in 1879, Gen. Julius Stabel, then consul at Hiogo, Japan, who saw the growing necessity for some legislation in that regard. wrote to the Department of State: The Department of State has long recognized the inadequa-cy of The permission S'l"a.nted to consular officers of receiving unofficial fees for the consular service to the growing needs of the country and to notarial acts, etc., 18 liable to abuse, and is the root of many evils and irregu­ the proper protection of the business and property of our citizens larities. * * * I suggest that the permission to charge unofficial fees be residing abroad, either for business or the pleasure of travel. withdrawn, and that an fees received by consular officers, for whatsoever service rondered, be considered as official, and so accounted for. * * * In Secretary of State Livingstone, in 1833, and Secretary of State this way one of the greatest evils or our service would be remedied and dig­ Buchanan, in 1846, called attention to the evils existing in the nity added to the representation of the United States in foreign countries. service, but it was not until 1884, when Secretary of State Freling­ Secretary Frelinghuysen, in his report of 1884 on the consular huysen discussed the subject in his admirable and exhaustive re­ service,_said: port transmitted to Congress by President Arthur March 20 of In the opinion of the Department, the present system of compensation by that year, that the strong necessity for action was macl'3 apparent. fees, either official or unofficial~ should be abolished. Whatever money comes In it he said: into the consul's hands shoula ba turned into tho Treasury of the United States, and he should depend for his support entirely upon the salary allowed Until recently the demn.ndsof Europe, which consumed the greater portion by Congress. of our exports, and the condition of the producing countries were such as to give us control in the supply of certain products, such as breadstuffs, pro­ In 1885, writing on the same subject to the Department, Gen, visions, cotton, and petroleum. etc. The demands of Europe for all these John S. Mosby, consul at Hongkong, expressed himself even more products and of the other continents for petroleum especially were so posi­ tive, and our producing conditions so favorable, as to give us practically a emphatically: monopoly for their supply. Consular fees should, in my opinion, bealto~ether abolished. * * * The 'rhese conditions of international demand and supply are undergoing radi­ best way to secure honesty in the public service is to make it impossible for cal changes, which the near future will intensify. officers to be dishonest. I ce.n see no sound reason for sending consuls abroad to The efforts which have been made and which are being made by Europe collect revenue for the Government. You might as well send the Navy to do it. to enlarge the field of supply in the above-mentioned products, a.ided by the ambition which prevails in all countries for the development of natural and The personnel of the service has improved under the orders artificial resources to meet their own wants and to supply the wants of oth­ issued by President Cleveland and President Harrison, and which ers, have resulted in awakening competition for the supply even of those are being carried out by the present Executive. But that is only products which we have heretofore controlled. It is true that thus far this competition has not affected our trade to any appreciable extent, but the de­ a step in the right direction; it is liable to be overturned at any sire for development which is now abroad and the ambition which prevails time; it is transient in its nature, and the appointment is still a to increase the production (outside of the United States) of the foregoing subject of political pressure. articles render consular supervision of absolute importance. The complex commercial rda.tions and indUBtrial interests which now prevail in ]f}u1·ope have What business man who wanted to choose a clerk in his busi­ originated hostility to American products in 11iany countries and afford addi­ ness would allow some outside person to bring a candidate for tional reasons for the enlargement and perfection of the consular service. that position and say, without regard to his fitness, "This man The same necessity has been pressed upon the Government at must be appointed," and to back that up with sufficient personal home by om· representatives in the service abroad. In 1864 John and political influence to force that person into the place? That Bigelow, consul at Paris, wrote: is the present status of our consular service. To-day men are not The practical results of our system, which in this respect has no parallel appointed for their qualifications or their fitness; they are a.p· undor any other government, a1·e- pointed under political pressure. (l) That we are obliged to select for consular posts men without the proper I know the feeling that exists among many members of this training and qualifications. (2) We are obliged to select men who have no intention of making a career House against what is known as "civil-service reform." Now, I in the consular service. Consequently they have no great inducement to do not wish to be misunderstood in regard to my ideas on this sub­ qualifJ themselves properl¥, for a post which they can hope to hold only for ject. I know that many members of this House are loath to part a brief term by the acquis:ltion of knowledge of little or no use to them in any other profession. · with any patronage which they think may be of any assistance to (3) The fa.ct that our consuls are so transitory deprives them of their them during their renomination. I would call the attention of proper influence in the consular body, as well as in most political and social such gentl&men to this fact in regard to appointments in the con­ circles where it is the interest of th& Government that they should circulate. (4) Such frequent changes prevent anything like uniformity or regularity sular service: You may have three or four applicants in your dis· in the conduct of consular business, which results in a serious prejudice to trict for appointment as consul to a particular place. In the dis­ commerce and a grave inconvenience to the Department. tribution of patronage it is absolutely impossible, however great (o) With each change of Administration the Government is exposed to lose the benefit of whatever knowledge and influence its agents have acquired may be your influence, for you to get more than one person ap-­ during their terms of service, and thus most of the time is served by raw, pointed in your district. and, therefore, to a considerable extent by incompetent officers. .Now, my friends, what is the practical result of securing this There is no other country in the world where the tenure of the consular appointment? The only gentleman whom yon have favored and offi.oo is dependent upon the permanence of the home administration. Nor can the practice be defended by any consideration whatever which looks to upon whose support you may think you can rely is sent out of its usefulness and efficiency. the country, and the three gentlemen whom you have disap-­ Surely no stronger evidence could be adduced, coming from one pointed remain at home, each vowing vengeance in his heart­ of experience in the consular service. each ready to take the greatest satisfaction in preventing your The Hon. Robert Adams, jr., when United States minister to return to Congress when you come up for renomination. And Brazil, in 1889, wrote in the North American Review: the one friend upon whom you thought you had the right to rely The method by which the men are chosen for the positions necessarily for support and aid will write to you that owing to the smallness brings forth poor candidates, while the short tenure of office, which is gen­ of his compensation and the largeness of his family and expen­ erally limited to the Presidential term, almost certainly so if a change of siveness of the trip, however glad he would be to come home and party takes place, and the meager salaries paid-in some posts hardly sutll­ cient to support life in a respectable manner-deters competent men from give you that support which gratitude would indicate as his duty, entering the service. It should also be remembered that there is no promo­ he regrets that under the circumstances it will be utterly impos­ tion for efficient service; that a consul can not hope for a change of climate sible for him to come back. from a trying to a more healthful and genial one after a given period of serv­ So I say that any member of this House who thinks that he is ice, and that there is always the prospect of ret:urning t~ the United ~tates broken down in health, unfitted to resume private busmess, and without securing assistance in his political life or a continuance of his prospect of further employment at the hands of the Government. political position by controlling such appointments will, if he will Assistant Secretary Rockhill, in an article in the Forum for the look into the matter carefully, see that the sooner this sort of month of February, 1897, sums up the evils of our consular sys­ so-called "influence" is removed the more likely will be the con­ tem as follows: tinuance of his tenure in office and the retention of his seat. (1) Imperfect mode of selection of consular officers. Suppose, Mr. Chairman, that a good business man does receive (2) No permanency of tenure. one of these appointments. Suppose he is admirably fitted t.o (3) Inadequate compensation, resulting in (a) the exaction of excessive fees report on the commercial necessities of the country to which he is and (b) the creation OL consular agencies to increase salaries. (4) Excessive number of feed consulates and commercial agencies. accredited and to inform our people at home of what those coun­ (5) Imperfect enforcement of regulations, especially as i·egards a.mounts of tries have to sell to us or exchange with us in commerce. I fees and their collection. acknowledge that the previous business experience may be of This judgment from the late Assistant Secretary of State, who benefit to a consul. But suppose the appointee is simply a g-ood had especial charge of the consular service, is certainly deserving American citizen who speaks only good "United States." Sup­ of great wejght upon this subject. pose he is sent, as he most likely will be, to a country where his 1900. . . CONGRESSIONAL RECORD-HOUSE. 1517

native language is scarcely spoken at all or scarcely understood. ber of applicants having increased the first year from 5,000 to Can anyone maintain that after this man has been there four 15,000 and the character and ability of the applicants having proved years and has acquired the language and has become able to read as high as if not better than that of the selected applicants had the newspapers and the trade reports and to inquire and report been before. upon the needs of the country-what that country needs to buy To insure this, however, the salaries must be raised. How can and what it has to sell us-is there a business or professional a man be expected to live at Para, in Brazil, under an equatorial man in this House who will contend that the system is founded sun, exposed to malarial and yellow fevers, and deprived almost on a sound principle which would bring that man home at the entirely of all social intercourse, for $2,000a year; or, even worse, end of four years and send out another to go -through the same at Santos, where the town was decimated by yellow fev;er, the course of schooling and" to be also brought home when he has ac­ victims including the United States vice-consul? Yet the impor­ quired sufficient knowledge to perform well the duties of the con­ tance of the first position to our country can best be stated by the sulship? I think these facts are self-evidentpropositionsthatany value of the exports to the United States, which amount annually man can realize. to $7,000,000, while the annual export of coffee alone from the Mr. Chairman, bills have been introduced into this House for second port to our country is $30,000,000. These case8 could be the purpose of putting this whole service under a long tenure, amplified, but they are sufficient to illustrate the present state of conditioned upon passing examinations for the entering of the affairs. · service, removals to be only on account of misbehavior or unfit­ Nowhere is the adage "The best is the cheapest" more forcibly ness, with the service divided into classes, and promotions from illustrated than in the consular service. Had it been composed one class to the other for diligence and ability. It is to these of the proper material, no necessity could have arisen for the measures that for a few moments I invite the attention of the establishment of the South American Bureau or of sending ·spe­ House, to improve the conditions which now exist. cial commissioners to the foreign governments to make arrange· Very few people, Mr. Chairman, realize the full functions of a ments for the exhibits at the Columbian Exposition. consul while he is performing his duties abroad. If the House Mr. Chairman, I am an American in my love for my country will bear with me, I will read briefly in order to impress upon them and in my belief in its institutions, but I am not so wrapped up the importance of this branch of the service: in patriotism that I do not think our Republic, which is young Consuls are appointed to reside abroad for the purpose of protecting, facil­ compared with the other nations of the world, can not learn from itating, and extending commerce between the countries which appoint them other countries. We are the only civilized nation to-day that and the countries whither they are sent. Their functions, however, a.re not allows this important branch of its service to be run on haphazard limited to commercial transactions. They stand as the protectors and advis­ ers of their countrymen present in foreign lands; they act as judges, nota­ appointments and without proper controJ. England, France, ries, and administrators of interests and of all property of such as have no Germany, Russia, Italy, Turkey, every country has this service legal representative; they have to prevent frauds on the revenue; to notice organized in such a way that men can become acquainted with infractions of treaty stipulations relating to trade; to advise their govern­ ment of new laws or regulations within their districts; to preserve the disci­ their duties and can make more efficient reports. As trade ex­ pline of the commercial marine; to guard seamen from oppression, and they pands and commerce becomes more complicated and competition are expected to aid the destitute, for which purpose no funds are available becomes more keen, the necessity that our merchants should have • except their meager salary. Consuls are also required to prepare from time to time reports upon mat­ the most accurate information gathered by trained men who know ters affecting commercial, industrial, financial, and agricultural interests; just what is required, and not gathered haphazard, with an en­ regarding labor, rate of wages, hours of work, and the condition of working ergy that may be commendable but which is not advisable, all people. In preparing these reports they are to bear in mind that the princi­ this becomes more important for those at home. All the countries pal purpose to be served is the extension and encoura~ement of American mdustry at home and of her commerce abroad. Certamly these are duties which I have mentioned have a serviceinwhichmenarepromoted sufficiently arduous and numerous to require for their faithful performance for their ability and their efficiency from one post to another. all the intelligence, honor, and patriotism of the best citizens of the Republic. It bas been advanced that some of our consuls make admirable Mr. Chairman, that is an extract from an article that I wrote reports. I acknowledge that fact with great pleasure, Mr. Chair· as much as ten years ago for the North American Review. It man, and those gentlemen deserve all credit for their loyalty and was written in consequence of my personal observations in South devotion to their country, but those men and those reports are ac­ America, whither I had been sent officially as United States min­ cidents and do not come as the result of a principle. These men ister to Brazil. I visited every consulate, from Para down to were appointed at the suggestion of some one, but for every good Buenos Ayres, on the west coast. I do not wish to refer person­ man who is appointed it is just as likely, under the present sys­ ally to the conditions I found there, for, as I have already stated, tem, that a bad one may come next. There is no regulation or it is the system to which I wish to call attention, and not the per­ organization of the system. ' sonnel, because, until the system is changed, it is beyond the Now, Mr. Chairman, wh·at I contend is that this great service of power of man to entirely change the conditions. our country, which represents its business and commercial inter­ A consul at the present time has no incentive to work. Why ests, should be founded on principle, so that every appointee should a man who is sent to a.bad climate, who knows that at the should be qualified for the place, so that every man who does his end of four years, even if his own political party remains in power, duty and makes good reports will be assured of promotion, and he will be called home in order that some other man may be re­ every man who is sent to an undesirable post with an almost warded? What incentive has that man in a tropical climate to deadly climate may at least live in the hope that if he arouses his arouse his energy to work to the full measure of his ability? energies in that enervating atmosphere and performs his duties Under these bills which have been introduced-and one of which with credit, in a short space of time he may receive promotion and I hope will be reported for submission to this House-the service be moved up in the service. is divided into classes, and a man can be promoted from one to In conclusion, without going into the political question which the other by the State Department under direction of the Presi­ has been raised by my distinguished colleague from Arkansas dent. Not only that, but make this a long-tenure service and you [Mr. DINSMORE], I will simply take the physical fact that our will find that young men in our country, the same as they do in country is about to expand territ01·ially. Just so surely as that others, will fit themselves for this profession and enter it as a live­ takes place, it must expand commercially. The energy and the lihood. They would not be warranted under present conditions enterprise of the American people will 11ot allow any opportunity in expending the time and money necessary to take a two years' to pass where they can add to the wealth and industry and em­ course or even a shorter time. That amount of capital would not ploy the l~bor of our great country. be warranted to be invested unless a young man felt that he had Mr. Chairman, in my judgment, the possession of the Philip­ a life service or a long-tenure service before him. The universi­ pine Islands is a mere stepping-stone-to the great trade for which ties are already inquiring. I have had communications from two all Europe is grasping in China and the East. Whatever advan­ colleges this winter asking if it would be possible, if this bill were tages they may offer, of themselves, sink into insignificance com­ to pass, that they could institute special courses in the universities pared to the trade that is going to open to the civilized nations of to preparn young men for this service. the world with the 400,000,000 people, semicivilized at least, who Our consuls should be trained for their positions and pass an taunt ns with our civilization, for they think theirs is much examination on such subjects as the laws regulating shipping, older, but who are certainly civilized sufficiently to use our goods, the commercial treaties existing between their own and other to employ our machinery, to market our electrical appliances and countries, the laws relating to intestates, on the consular regula­ railroad supplies and other such commodities which our country tions of the United States, and on such other subjects as relate to exports. Surely we must have reliable information from these their duties. They should also be. required to have a practical regions if we wish to secure their trade. Surely we should have knowledge of French or of the language of the country to which men there who are specially prepared to report what is necessary. they are to be sent. It will be demanded, "Where will such a Just to illustrate how perfectly useless a haphazard citizen would specially educated class come from?" Once it is understood that be to send as consul to China, on Satm·day it was my privilege to ac­ the service is a permanent one, young men will prepare for it the company the Interstate and Foreign Commerce Committee to an same as they do for other professions, and in sufficient numbers institution in Philadelphia, which is established to expand our ex­ to arouse competition. That this was not a matter of conjecture port trade; and one of the most curious things submitted to that was fully established by the experience in Great Britain when the committee was a report from China, with a great number of illus­ examination for the civil service was thrown open to all, thenum-= trations of the stamps to be put on the covers of the goods to be

·- 1518 CONGRESSIONAL RECORD-· HOUSE. FEBRUARY 5,

S0'llt there. For if you impugn ·or slight in any degree the re- in theory. We have them not in fact. It was first said that we ligion or any of-the traditions of China by any labels that you put had .them by c.onquest; but the President gives up that proposi­ on the .goods, or any design in the patterns that go there, -you tion, if he ever .held it. Judge Day, ·who was at the head of the might-as well takethosegoodsand burn them upin a bonfire.. This ~eace Commission, says: ''If we.have any claim ov&r there, it is a is one illustration, Mr. Chair.man, that relates to the cotton goods right by purchase and not by conquest." Now~ what are we doing? to .supply 400,-000,000 people. I do not think any .consul, unless I invite yo11r attention, and, if need be -vour questions, because, he had previous training and had had his attention-called to the as this is not a written, cast-iron, prepared .speech, it admits of subject, :would be likely to learn this one thing until he had re- elasticity; and l am not sure but what we shall arrive at a wise sided in China some time; and even then, if he had the incentive and righ.t.eous conclusion a great deaJ sooner by questioning each of longevity, I question if he would ha-ve the time, the :tr:onble~ to otb:er than by making oot .speeches. rep.art that to his .own govern:ment. Section 10 of the treaty of Paris 'Provides- Mr. -Chair.man, this ?PPortunity that is now coming before our · ...... country for the extension 'Of our trade and commei:ce is one of the ~a.t the c1vil rlghts a.nd poll ti cal. status of the native i.nhabtt:ants of the rin.cipal reasons why I J>re.ss thia question upon ·-the Honse and terntor1es hereby ceded to the Umted States shall be deternnned by the P . . . Congress. why I urged this legislation before the -Committee on For.cign . . Affairs, which I think should induce the committee to report 'Oll.e The ·phrase "the lterritodes her.eby ceded" means the Philip- of the bills that has been submitted to it. T:he measure has ihe pines. entire support of the bnsiness community. The National Board · Nearly fourteen months have _gone to join· the :rears before the of Trade, assembled:in Washington only last w.eek, is unanimollSly flood since that treaty was sjgned-to-morrow will be the anni­ indorsing the principle ·of this hHL The boards of trade of 0.hi- iversary of its ratification b_y the Senate-yet Congre.ss has done cago, Olevela.nd, New York, .and Phil:adelphia sent deputations to , nothing, absolutely nothing, has not even attempted to do any~ appear bei·ore onr committee :to -U1.'g0 ·the -passage of .somti auch thing, toward .carrying out that provision of the treaty to "de· measure as this; '8.nd I have taken ±his opportunity to call the atten- termine the eivil rights and political status" of those far-away and tion of the HollSB'to the question, hoping :to aroose general inter- unha:ppy islanders. es.tin this great question, which-will tend as much to thedevelop- The status of the Philippines and the rights of Americans are ment of the prospm·ity of our country as any measure that will left, like.Mohammed'scoffin, suspended between heaven and earth. come before it this session of Congress. After th.at treaty was ratified by the Senate, imitating the 'Mr. CLARK of Missouri. M.r. Ch~ a corresphilosophie rema1·k. I, :pernaps, will · with Spain it is not intended to incorporate the i.rihabitants of sveak long~.r to-day than if l had .had:tim.efu write out a speech the Philippine Islands into citizenship of the United Stares, nor on :the Philippine -ques.tion, to which I propose 1;o devote myself is it intended to permanently .annex said is1ands as an integral exclusively. fu order .that the.re may ·be no question whateVfil· part of the t.erritory -Of the 'United States."' about what I -think ·npon this subject, I ·propose to begin with a That is what the Senate said, but the Senate 'is not the Congress.; few plain propositions which ilintend to discnss. and a'5 at least one.:half of the Senators ha.ve expressed opinions A man doe,s not have to be an idiot in order to be .a patrio.t. A diametrically opposed to that resolution, and as the President of man is not a traitor because he is opposed to doing those-things the ·united States, in his stumping tour thmngh the West in w.hich jeopardize the existence of :this .R0P.ublie. 1898-t which changed what would have been a democratic majority An American is not a pessimist beeause' he is unwilling to-see into a Republican majority f applause on the Republican side]­ his ,coun.try ·adapt as a 'Settled creed the political principl-es of the gentleman from Iowa [Mr. LACEY] does well to applaud, Alexander., Oresa;r., 01· Napoleon. because he would not have been in this Congress if it had not been I' In the hands of political jobbers theAmeriean flag, like the for Yr. McKinley's .speeches Q.aughter]-as on that tour the mantle of charity, will be made to cuv.er a multitude of sins~ I President rejected that theory, it must be taken for gr.anted that do not caxe a baubee about Agm.naldo or the Philippinos. 1tiy the Congress does not indorse it. sympathy., my bear:t, my solicitude, goes out to the American peo- Now, the ,Prim.a.ry question is-and I press it home upon your ple. I think more.. far more, of the liberties of -:my children than minds and coll.Sciences-Does Congress intend to abdicate its func· of all i.he ·trade of all the earth. l would like to leav.e them both tions or not? That is what we have done so far. l:n the last Con­ rich and free, but of the two I would :infinitely prefer to leave grass we. frequently inquired what was the policy of the White them free-free to labor, free to work ont-thei:r own destiny., free House, w'b.at the policy of the Republican party was. No man on to ·sympathiz.e with and help 8111-people everywhere struggling for that side of the Chamber ever undertook to say what it was; occa­ liberty. I would not give the life of one healthy, honest, moral, sionally and only occasionally one would say what his own theory patriotic, ambitious American white boy 1n excllange for a11 the was. But I wish to repeat that question: Does Congress intend to Philippinos [applause] now in ihe archipelago or wh-0 will be legislate under the tenth section of the treaty of Paris. as it is in there until the great judgment.day. Believing firmly-and I will duty bouna to do, or does it intend to abdicate its constitutional answer yonr if.Ue~tion, my good friend-- function and perm.it the 'President to run things ad libitum in Mr. 'BOUTELL of Illinois. ~hank you. the Philippines by means of a military satrapy? Judging the Mr. CLARK of :I'dIBsouri. .Believing firmly that the annexation future by the past, all that Congress is expected to do in this mat­ of the Philippines, either forcibly or with the consent of the _peo- ter of such far-reaching consequence to the American people is pleof those islands, wil1 in theend prove dangerous. if not ruinous, to furnish the money to carry on the government by satraps and to our "government of the people, by the ·people, and for the to keep up a war which Congress never authorized and which people," I am dead -against it now, henceforth, and forever. I Congress ana Congress alone had the constitutional power to would be against annexing them .if everyman, woman, and ebild authorize. How long is this extraordinary state of affairs to in the Philippine Islands stood beseeching us to annex them. continue? ls it to be continued oiily till after the election in 01·der Crimination and Tec1imination are not ideal methods of -ascer- to give Hepublicans a chance to repudiate any particular policy taining truth or·of dis.covering either-the path of duty or the best and to advocate the one that appears to be most popular, or is interests of ourselves and of our posterity. it, like Tennyson's brook, to go on forever? It must be t;aken foi· granted that every citizen of the Republic These questions ar.e not asked for amusement or aggravation, worthy of his birthright of freedom is heartilym favo.r of per- but because the peqple of America have a right to the information. petnating our .representative Government. Indeed, -0n several occasions, when, in the other end of the Capi- N o more important quBstio.n was .ever beforethe .Am.erican Con- tol, gentlemen have offered resolutions of inquiry, the resolutions gi·ess th-an the one which now confronts us of determining our have been tabled and the pa.triotism of the authors imp~ed. relations to the Philippine Islands. Upon its solution depend our In the days of reconstruction Congress usurped Executive func· own prosperity ana happiness no less than the happiness and pros- tions until the office of the President of the United States was perityofthePhilippinos. Foritsconsideration-anddeterminatio:n reduced almost to a 1mllity. Now the President of the United I invoke the patient -study, careful investigation, deliberate judg- States usurps legislative functions until Oon..,,<>Tess has fallen to ment, and purest patriotism of evru.·yman upon this ftoor.. the lo"?' estate of being mm::ely an animated cash register for the What has been done and said is not of aa .much consequence as ex-ecutive departme!lt of this G~vernment. i:Laughtei·.] what will hereafter be done and said. Thus far-propositions offered A MEMBER. Wh1_ch do .you hke the.bes~? . and theories ad-vanced h ave been tentative in-their character. Jn Mr. CLARK of l\IIBsoun I donotlikeeitherone. I like for the military parlance, divers and sundry gentlemen, from the Presi- executive department to attend strictly to its own business, for dent down to the junior Senator from Indiana, have been "'feeling the legislative department to attend to its business strictly, ana the position," listening for the vox -popnli, and trying, let us hope, for the judicial department to attend to its business strictly, all of them, to learn what is right and what i.s best for us to do in and not undertake to run the pOlitics of this country by issuing an the position of indµbitable difficulty in which we find ourselves. injunction at every fuU or change of the moon. [Laughter.] But the time is coming, and it is coming ra'(>idly, when we must There was a day when the rescripts .of the Roman emperors adopt a permanent policy that we are willing to stand or to fall by. were supposed to be of binding effect throu'?hout their -vast do­ ~fr. Chairman, it looks as if we had the Philippine Islands main. It really appears that we are fast smking to a position 1900. OONGRESSION:A1L RlTIOORD-illOUSE. 1519 when the wish of ,the -President and not the CO!lStitution is the the-revolutioneanie,-which brought'On.the "era of good feeling"­ supreme law of the.land. · whichwaathe-worstrp-eriodofAmericanpersonalpolitics-weto:ok, rrhe Spanish-war, which Congress ·declarell., •really ended ·in und~r Jackson, the name oCDemo-craticpatj;y,·which·we.hold.to July, 1898; technically it enaed with the ratification of the treaty this day. of Paris. -:Now, how about you Republicans? You-started out as ·the The _Fhilippine war, which Congress never declared, began anti-slavery party, and all the-victories-that-you ever won for a.bout·the time the Spanish war closed,. is stillraging,.and the end which history will give you any-credit:'.YOU achieved as the.anti­ thereof is not even in sight. -slavery party. You afterwards changed the name to the Repub­ One day we are informed by General Otis, om· viceroy in :Asia, lican :party. As applied to our institutions, the _phrase "..Repub­ that Aguinaldo is cornered and -about to.be capttrred at-some dis­ lican party" -means absolutely-nothing, and ihe phrase "Demo­ tant point; the next day A.guinaldo is · fightin_g-:within h-earing of cratic party" ·means absolutely nothing. A Republican is-a man Manila. that is in favor of representative government; and we.all claim This game-of military bide and seek has·been -played fo1· about to be in favor of that. A democracy is a country-where all the a -year at a cost to the people of thousands or valuable American people get-together and •make their own · laws, a thing whiCh can lives and of over one hundred millions in-hara cash. only happen ·in ·a very small community, like the repti.blics of The mothers and iathS'l's of the country·who are called upon to Greece. sacrifice their-sons; the oveTburdened taxpayerswho·foot·the bills, An anti-imperialist of to-day is a -man who ·is _in favor of-=-i>re­ are beginning to exclaim, "How long, O'.llord, how long?" serving the Republic and is against establishi~g-an empirennder ·The Spanish war-the war authorized: ·by Congress-added to the '.Ametican·fiag in Asia or elsewhere. our renown by the splendid victories df our'forces 'by land and An anti-trust-man is one who beli~ves the Ten Commandments, sea and gave us at least two new.:naval heroes of .the fi:rst-rank­ particularly·the one which· says, aThou shalt not·steal;n who be­ George Dewey-and Winfield Scott.Schley. lieves in giving every:person an equal chance:and·who"believes But no man who has any-reputation for veracity-to lose will that competition ·is the life Of trade. assert that the Philippine-war has added .to either our glory_as s '.An anti-gold-standard:.man is one who believes in the money of people or to the strength of the Republic. the -Constitution~bQth silver and gold. And :so on to-the entl of When the Spanish war..clooed we could have occupieu the most the c}Iapter. So let .us hear no more eant about a-mere party of enviable position ever held by any·nation sinee creation!s dawn, negation. We are for everythj.ng that is ·right and" anti u as to and all we had to-do was to do thatwhich we owed it·to ourselves everything wrong. to do, and that .was to say to both the Cubans and thePhilippinos, ·.But to return to our mutton. What are we going io do about ''The Spaniards are beaten;_your chains -are broken; .you.helpe-d the -Phil~ppines? What is it our duty to do? What have-we a us to do- this thing; now set up al!y sort of_government_you want, right·to do? 'Under the Constitution and the decisions of-the·Su­ and we will make the other nations of the earth keep their hands preme· Court · we:mn...~ either refuse to take the Philippines and to off of you or we will -shoot them off." [Applause.] hold them._permanent.ly or w-e..must·admitthem as States. There We would never have been.compeUed to fire a gun to make that is no escape from that proposition if -We are to~ay aJ.!Y attention promise good, ·for there is not a.nation on ·earth that .has any de­ to the.highest judicial authority. sire to see the fleets of Dewey antl.of Schley-riding triumphantly in 1t is with the greatest diffidence-that I quote theSl!-preme Court their harbors and shelling their seaport cities. of the TInited -States or any judge thereof. My observation is that Had we done that, unstinted praises of our disinterestedness· everyone admires the Supreme Court and adores it when it has and philanthropy would have rung round the wOTld,. co-qpled with decided his way; and when it·deci.des :.against him, he reserves to the amazing story of American valor and the prowess of .Amer­ himself the right .to .go outside and "cuss" the Court. Very icans in arms. Wherever Old Giory floated it would have been much depends on 'whose ox is gored. hailed by millions of loving hearts in every quarter of the globe The other day my (listinguished frien"d from Maine fMr. LITTL"E­ as the emblem of a people who are free themselves and who are FIELD] who sits in front of me and who'honors me by his atten­ willing and. anxious that all men everywhere shaU.be free. tion, put in a _great-deal of his-time apotheosizing Judge Story, of Now, on the principle that a fellow-feeling ·makes the hole the·Supreme Court of the United· States. I do not object to that. world kin, the.crowned and sceptered despots of Europe say-to Judge Story deserves well at the hands of posterity. But'! am us: ''All hail! We welcome you to membersh!P in the ancient going ·-to quote you another judge of the Supreme Court of the an·a sordid society of land _grabbers. As you .are the youngest United States-'.John ·Marshall-for nearly thirty-frve years Chief ana the strongest , we will give you the largest, choicest, and Justice of the United States. I am not enamored of Marshall's juiciest slice in _partitioning the face of the .glo be..among ourselves. politics; he was the rankest Federalist that ever lived; but this We are in high good hum.orwith_you .because you have eschewed tribute is due fo him-that he was the greatest jurist that '0Ver the.pestiferous·principles of the.Declaration of Independence, the sat on that bench; and Judge.Story compared·with Mars-hall "is cobweb restrictions of the Constitution, the prepo.ste:rous senti­ as moonlightunto surilight,'or as water unto wine." Hereiswhat ments of WashiQ.gton's Farewell Address, the decisions of the Su­ Chief Justice 'Marshall ~ys in one case: preme Court for a century, the'}>resumptnous doctrine of James "The Government 6f the Uni ted States can claim no powers which are not :Monroe, and the solemn advice of AbrahamLincoln. Those men. granted to it by the Constitut ion, and the powers actually granted must be and those principles.were welLenough in a crude :age and among, such as.are expressly given or given by necessary implication. a backwoods lJeople,.but this is the last year of-the nineteenth · .:'.N.. ow, -please beaT in mind who John Marshall was. -=He was not century-if not the first of the twentieth-and we will go land -only Chief Justice, but he was the chief of Federalists. Re·re­ hunting, gold hunting, diamond hunting, and man hunting to­ solvea every doubt in favor of the General Government. But gether. .As a :Special favor we will _give you all the .entangling those Twere his words, and surely ·Republicans ought to accept alliances you want for the__rest of your .live,s, .beginning-with the them as sufficient. Remember also that he is defining the powers Anglo-American_ alliance." and scope of the Federal Government under the Constitution. Just here I desiretomakeafew-remark.sup.on.another question, We are, or ought to be ;-atthi~eryhour-tryingwithall the lights which is edged.in here once in.a while. -It has been st;ated upon before·us to ascertain our powers and our rights in _dealing with the ..floor of this...H.ouse repe.atefily by.several .Republican mem­ -the 'Phil!I>pine Islands under the Constitution. bers, .and it has .been hinted at ..once or twice un this side of the Again the Supreme Court says: House. that no party can succeed that.is.merely a party of nega­ .A power in the Gi?neral Government to obtain and hold colonies .as de­ pendent "Territories ove1· which they (the Congress) might legislate without tion. Now, that·sounds very·well-that.no party will amount to restriction would be inconsistent with its own existence in its present form. anything that is-simply an anti-party. ,That sounds very well, too. I do not know howmuchattention-you.gentlemen have paid Those be per.tinent woras. to political nomenclature, but.1 state, without fear of successful Then in another case: The power of Congress over the Territories is limited by the obvious pur­ contradiction, 'that no party in this country has ever amounted poses for which it was conferred; and those _purposes are satisfied by meas­ to anything that did.n.ot·start out with -the word anti prefixed to m>es which prepare the people of the Territories to become States of the its .name, and it .grows out of tOO very nature of things. The Union. robust,party; the party of opposition, must in the very exigencies I want to read that to yon again, because upon that proposition of the case .fight a good.many of the theories of the majority. turns this whole guestion. The paramount problem to us and our Let us see if thatpropos~tion i.s not: true. TheDemocratic_party posterity is, What are we going to do :with the Philippines if we as it exists to-day was first called the anti-Federalist-party. It won get them? I have -no·doubt about our getting them if we want its first great victory by-turning John Adams and the Federalist.a them, though 'We ha-ve not got them yet; but, ·as I stated once be­ out of this Government nn.der the name of anti-Federalists. Now, fore upon the floor of this House, in fighting·the annexation of if .some of these doctrinaires,.inclnding my brother from Pennsyl­ the Sandwich Islands;this Government is strong enough to do vania [Mr. SIBLE.Y] ,who is not now in his seat, had been living in what it_pleases with the nations of the earth; and if ·we want to, that day and..generation, they would with sublime·e:ffrontery have we can take the islands; never fear about that. said to Thomas Jefferson-and James Madison and Albert Gallatin But Iwautto read you that proposition again. This isa decision "Wh~, you·.do _not know what you are doing; to call yourselve~ of-the Supreme Courtof the United States. Now ,.no Republican or an ·anti-Federalist party.'' After they got in they changed the name "Goldbug" can afford to say that he is not going to be governed of.the party by a natural evolution to Republican party; then when by the decision of the Supreme Court of the United States, because 1520 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 5, in 1896 you denounced us all over this land as anarchists because about it the less stomach they are going to have for seeing the we proposed to do the very same thing that the Republican party liberties of their children imperiled by people who go naked, sleep had done with the Supreme Court of the United States; that was outdoors, and make their living by eating breadfruit off the trees. to reorganize it so that we could get the kind of decision out of it Let us read some more; it is good when it is with you. that we wanted. And as for myself, I unhesitatingly say that if The Supreme Court says: I had the power I would reorganize it. The Constitution was made for the benefit of every citizen of the United But I will read the proposition again, for you are nearly all States, and there is no citizen, whatever his condition, or wherever he may lawyers: i>:ctfo~~n the territory of the United States, who has not a right to its pro- The power of Congress over the Territories is limited by the obvious pur- poses for which it was conferred; a.nd those purposes a.re satisfied by meas· Now, our Ways and :Means Committee-of course I would not ures which prepare the people of the Territories to become States of the say anything disrespectful of that august body, which contains Union. several of the most distinguished statesmen in this House-that Now, I desire to submit this to you while you are cool, while committee have been studying what? Politics? No. Finance? this has not yet become a party question. It is becoming one; No. Politicaleconomy? No. Studyinglexicography,tofindout but it has not become one yet. Is any man on this floor willing what constitutes the United States. I am not authorized to speak to say that the Philippine Islands shall ever become States of the for that committee, but I understand that they are about to run American Union? I challenge the array on the other side of the foul of Brother McKinley's opinion in theu- definition of what House individually for any man there to get up and state that he constitutes the United States. is in favor of making American States out of the Philippine Let me read to you some more from the opinion of the United Islands, either now or hereafter. I pause for a reply. States Supreme Court: I will tell you what I think about the Philippinos. One of two The personal and civil rights of the inhabitants of the Territories-- things is true about them~~ther t~ey are fit for self-government It does not help it to call them colonies, for that is a mere sub­ or they are not. If they are, m Gods name let them goveri;i ~em- terfuge; that is a piece of legislative legerdemain to undertake to selves; If they are not, we. do not .want them as fellow-citizens. escape a great and grave responsibility to ourselves and our pos- I will tell you another thmg I believe I know about them. No Iterity by trying to hide behind the word "colony"- _ matter whether they are fit to govern t~emsel!es or not, they a!e The personal and civil rights of the inhabitants of the Territories are se­ not. fit to govern u~ [applause], and that IS precisely what they will cured to them as to other citizens by the principles of constitutional liberty, do if we let them Ill as States. which restrain all agencies of the Government, State and national. Do you know when they will come in as States? I will ~ot tell Oh, yes; but these statesmen say they are not going to let the you the date: . I am not proI?het enougp. for that; but I will tell Filipinos come over here. "No, bless your soul; they shall not you the cond1?ons under wh1_ch they will e:ome, an~ th~ day that come." No man who is fit to sit on the Supreme Bench or the they are admitted to _the ~mon the -:A-meri~an Umon is dead as circuit bench of the United States or the bench of a State court the mai:ximoths that lived m th:e gla~ial p~nod. It ma~ take t~e would tolerate that cheap demagogy for half a minute. Thank ~epublica;tbousan~_ye~rs to die, as it tookRome, butdi~shewill God that the American citizen, black or white, brown or copper if .we admit the _Philippme Isl_ands as. States, an.d they will be a~- colored, male or female, has the right, under the Stars and Stripes, ~mtted as Sta.tesm~othe American Umon:-now lis~n, because thl8 to go wherever he pleases within the broad confines of this Re- 18 not a J?emocratic pro~aganda-they will be admitted whenE'.ver public without asking the consent of any power or getting a pass the President of the Umted States .and the Senate of the U~~ted from the President of the United States. As quick as you make States and the Hous.e of ~eprese~tat1_ves ar~ all of the same pohtlc!ll them American citizens, they can come here and drive our white · party, wp.en a Pres1dent1al ele_ct1on ~ commg on,~nd the p~rtr m men out of their positions into starvation; and really the men po.wer-:--it does not make a bit of difference vv'hich party it is- who are back of this propaganda are in favor of doing that very thmks it n~~ds a fe~more rotten-b<;>rou~helector~l votes. When thing. I want to read you a little more. Here is what Judge those conditions exist at the sa~e time, m they will come. Cooley says; · Now' some people grow very VU"tuous. ~ understan

1900. CONGRESSIONAL RECORD-HOUSE. 1521

the people" may respect the first class; he must respect the sec­ a battle in which more men were killed-and by a strange con­ ond class, and he must heartily despise the third class. catenation of events every one of them had a black hide-more· The proposition that we must support the President's Philip­ men were killed than at the battle of Palo Alto or Resaca de la pine policy-whatever that may be-right or wrong, is the veriest Palma. rot, an insult to intelligence, a shame upon manhood, a tale told Out in Idaho the State is under martial law. Up in Maine, the by an idiot, a. betrayal of the principle of self-government. home of civilization and patriotism and learning, last summer I am willing to go· as far as anyone in patriotism. I will sup­ they mobbed two preachers, tarred and feathered them, and rode port the count.yin any emergency; but President McKinley is them on a rail because they preached the doctrine of Jesus Christ. not the country. The time has not yet come-I pray Almighty [Laughter.] The Washington Post-I wish I had the editorial God that it may never arise-when the American people will here-stated that they would have burned them, but the lucifers accept the arrogant dictum of Louis XIV, when repeated by an would not work well. (Laughter.] Thank God, the lucifers American President, "I am the State!" were out of fix, or in the closing days of the nineteenth century,. If President McKinley is at all worthy of his high position, he in the State of Maine, we should have had two humble followers must entertain a supreme contempt for those political inverte­ of the Saviour burned alive because they preached the doctrine brates, particularly for those claiming 'to be Democrats, who, in of the lowly Nazarene. order to catch the crumbs falling from their master's tabJe [ap­ Last summer a mob with fury in its eye, murder in its heart, plause], go about saying," The President is wrong in his Philip­ and a rope in its hand, chased a colored man and brother through pine policy, but we must support the President." Out upon such the woods in Connecticut, the land of steady habits, but whether cringing sycophancy! they ever found him or not I don't know; he has never been Suppose a case. Suppose that when George III undertook to heard of since. [Laughter.] What must Charles Sumner, Har­ force our forefathers to pay the stamptax,Patrick Henry, instead riet Beecher Stowe, William Lloyd Garrison, and other departed of delivering that great lyric speech before the Virginia house of and distinguished philanthropists think of that, if they think at burgesses, which precipitated the Revolution and which still all amidst their present environments? [Laughter.] 1\. year or thrills the heart like strains of martial music, had risen in his two ago they hanged five men on one tree in one night in Indiana, ~ place and, cooing gently as a sucking dove, had said, " His Most and it was not a very good night for Judge Lynch, either. Gracious Majesty is wi·ong about this stamp tax, but we must, as Let us take another instance. All last summer the United ' loyal subjects, support him, right or wrong." And suppose Wash­ States courts in this country were run overtime, and all of the ington, Jefferson, Greene, WaiTen, Lee, Putnam, Hamilton, judges were liable to be stricken down with nervous prostration, Franklin, and all that glorious host of warriors and statesmen and what were they doing? Busyissuinginjunctions at the com­ had weakly agreed to that. What would we be to-day? Instead mand of the plutocrats of the land against men exercising the of being the strongest, the richest, the most beneficent Republic God-given right of earning their bread in the sweat of their faces. that the sun ever looked down upon, we would still be English Let us come east a little. If what John Wanamaker says about colonies, ruled by British proconsuls, without any voice whatso- Matthew Stanley Quay is correct, Quay ouaht to be in the peni­ ever in the Government under which we live. · tentiary the rest of his natural life (laughter]; and if what he says· Those immortal state builders had been reared on the pleasant is not true, Wanamaker is the greatest liar since the days of An­ fiction that "the King can do no wrong," but when he did do anias and Sapphira. [Laughter.] Perhaps they are both correct. wrong they boldly and iconoclastically trampled that preposterous [Laughter.] I will not undertake to decide such a delicate ques­ falsehood in the dust and, wresting a continent from his iron tion of Republican morals and Republican etiquette. [Renewed grasp, made it the home of liberty and dedicated it to the twin laughter.] The city of Philadelphia,, whence my distinguished propositions, "All men are created equal" and "Governments friend, brother ADAMS, comes, has become so corrupt that, not­ derive their just powers from the consent of the governed." withstanding it had 100,000 Republican majority at the last elec­ There were men in the land in 1776. · Are there only manikins tion, it imported ballot-box stuffers and repeaters from the city now? I do not believe such a monstrous libel on 75,000,000 Amer­ of Washington merely from the force of habit. [Laughter.] ican citizens. George III did wrong. Our fathers fought and Mr. ADAMS. I want to say to the gentleman from Missouri conquered him. William McKinley does wrong. We will oppose that the bad people from Washington came up there and led us and overthrow him under the forms of law. (Applause. l astray. - [Laughter.] . I wish to niake another suggestion along this line ot letting Mr. CLARK of Missouri. Oh, no; that is like the sheep biting these Philippinosinhere. Now, Mr. Chairman, thisstartlingpropo­ tJ:e~olf, [Laughter.] OldD~.Johnson, theauthoroftheEnglish sition presents itself. Ten millions of Asiatics, not one of whom dictionary-and I commend him to the Ways and Means Commit­ is fit to be an American citizen or to be made an American citizen­ tee in their struggle to find out what the words "United States" because that is what they will be-and have all the rights and ~ean [lau~hte~l-old Dr. Johnson, the Ur~a Major of English . privileges of American citizens! They can live on 15 cents a day literature, is saia to have gone to see one widow every night for . from habit as well as we can on a dollar a. day. Under the tute­ twenty years, and finally somebody said to him, "Why don't you lage of skillful American teachers they will soon be as competent marry her, Doctor?" He replied, "My dear sir, if I married her to use American machinery as our own mechanics, and the result where would I go to spend my evenings?" Force of habit. Just of the whole thing is thatAmericanlaborers, white and black, are like the Philadelphia stuffing of ballot boxes. They say it is an to be brought into competition with the pauper labor of Europe absolute fact that that Republican city is so corrupt that when and Asia, which you gentlemen have talked about so long, with­ the man in the moon passes over it he holds his nose to keep from out a single, solitary compensatory benefit from the theory of free fainting. rLaughter. l trade. Mr. ADAMS. Mr. Chairman, I should like the gentleman to Now, think about it on the grounds of humanity. We are told know that one lot of those ballot-box stuffers are in jail and every that we have commissioned ourselves as a lot of Don Quixotes to one of the others has skipped his bail, which bas been forfeited; go forth into the world in quest of ventures, and that our duty so that when the gentleman refers to the moral condition of Phil­ is to carry the blessings of liberty and settled government to the adelphia, I want him to understand that the people there are still ends of the earth. I deny it. Our duty is to attend to our own i:eady to see that what is right is done and that the men who break business, to secure the blessings ofliberty to our posterity. the laws are punished. Now, let us see if we are fit to go into the political missionary Mr. CLARK of Missouri. If all the ballot-box stuffers and heel~ business, and on this I challenge your attention. I am going to ers in Philadelphia were sent to the penitentiary the town would state facts that are within the common knowledge of all the people be depopulated. rLaughter.] . here. I ask you reformers over there, are we, the American peo­ Mr. ADAMS. Perhaps some of our ballot-box stuffers went to ple, in condition to go into the world as missionaries to carry the Missouri. blessings of liberty and settled government to all other peoples? Mr. CLARK of Missouri. There is not a State in the American My friend from Pennsylvania quoted Scripture the other day, I Union that has a better election law than the State of Missouri. understand-I was not here; I am sorry I was not-in favor of I drew it myself; I helped pass it through the legislature. In the imperial doctrine. Why, the devil quoted Scripture on a cel­ that imperial Commonwealth everv man, black or white, rich or ebrated occasion in favor of his proposition. [Laughter.] poor, votes once and has his vote counted once. I will quote you a bit of Scripture that fits it like a glove: "Let Mr. ADAMS. Yet we had a gentleman rise in his seat the every man set his own household in order before he goes to med­ other day and state that the election law in Missouri was such dling with the households of other people." [Laughter.] Also, that it would be impossible to hold an honest election there. Did "Physician, heal thyself." What kind of a condition are we in the gentleman from Missouri draw and pass that law? to do missionary work? Let us see what we are doing right now. Mr. CLARK of Missouri. There is no such Jaw. I will state Hanging "niggers" in Mississippi, burning "niggers" in Ken­ what is the matter with the gentleman from St. Louis. ~ucky, hanging Italians in Louisiana, a double-headed government Mr. ADAMS. He is all right. m Kentucky, one governor assassinated and two living, two gov­ Mr. CLARK of Missouri. Wait a moment. The gentleman ernments and two legislatures, and they can not hold a court in from Missouri represents a large German constituency. some parts of the State, my native State, without calling the Mr. ADAMS. That is good. militia. Out in lliinois one Sunday evening last summer they had Mr. CLARK of Missouri. They are in favor of the Boers and

XXXIU-96 1522 CONGRESSIONAL RECORD-- HOUSE. FEBRUARY 5,

against the Philippine propaganda. The gentleman from Mis­ ham Lincoln and the coterie of great men who gathered around souri has been running with the McKinley Administration until him were here t0:-day they would be willj.ng to write the dollar his political fences have got into very bad order, and he thought mark as the sign in which the American people shall conquer. he would recoup by getting up here and making a spread-eagle [Applause.] ''Will it pay?" Are you willing to fritter a way the speech about the corruption of elections in St. Louis. - liberty of coming generations that a lot of jobbers may be permit­ Mr. BARTHOLDT rose. ted to rake in a few dollars in the Philippine Islands? The CHAIRMAN. Does the gentleman from Missouri yield? But take the matter as the Senator from Montana puts it-on Mr. CLARK of Missouri. Oh, yes. the low and debasing standard of the almighty dollar-and let us Mr. BARTHOLDT. Mr. Chairman, I made a dispassionate see how we will come out. It is said that figures will not lie. Here statement the other day-- they are: The appropriations for the Army, passed in the spring Mr. CLARK of Missouri. Well, I did not hear it. of 1898, just before the Cuban war began, were $23,129,344.30. The Mr. BARTHOLDT. It was madein a Republican caucus, and otherdaywepassedan urgentdeficiencybillcarrying$47,602,032.61 ·I do not intend to betray the secrets of a caucus. But I stand by for the Army. The regular appropriation bill for the Army car- · every word I said-that the election law in our State is every bit as ried $75,247,811, making a total of 8122,849,843.61 for the Army bad as, if not worse than, the law upon the statute books of the State alone. Deduct from that the appropriation for the fiscal year J of Kentucky which resulted the other day in bloodshed and murder. madein the springof 1898, under no;rmal conditions, and yquhave And I want to ask the gentleman a question in this connection. $99,720,49~.31 left as the cost <>f this imperial policy up to the pres- If he drew the election law of .Missouri, he is probably aware of ent time for the Army alone. · the fact that under that new law there will not be appointed in That is the price of the Philippine war to date, exclusive of the the city of St. Louis, nor in the city of Kansas. City, a Republican increased expenditures for the Navy, exclusive of the awful waste either as judge of elections or as clerk; consequently the machin­ of human life and human health, and exclusive of the expense of ery is entirely in the hands of the Democracy-- a lopg roll of pensioners, which our children to the third and Mr:CLA RK of Missouri. Oh, no. ' fourth generation will not live long enough to see paid. Mr. BARTHOLDT. So farasmyowndistrict is concerned-­ What have we to show for this immense expenditure of life and Mr. CLARK of Missouri. Wait a moment. I yielded for a blood and tears and treasure? Nothing, absolutely nothing. question; not for a speech. I want to ;make my speech myself. When will this war end? Can anybody predi_ct the d.ay, even Mr. BARTHOLDT.· The gentleman refel'Ted to my State; will approximately? he allow me a word in this connection? · The CHAIRMAN. The time of the gentleman from Missquri Mr. CLARK of Missouri. We will give you time when I get has expired. through. I want to go on with my speech. Mr. DINSMORE. Iaskunanimo~ consentthatthegentleman The CHAIRMAN. The gentleman. from Missouri declines to from Missouri be allowed to complete his remarks without limit. yield further. The CHAIRMAN~ The gentleman from Arkansas can yield Mr. CLARK of Missouri. The judges of election under that further time to the gentleman from Missouri. law are politically about half and half; so are the clerks. That Mr. DINSMORE. Well, I yield to him such time as he desires. answers the gentleman's statement. The new law, of which he The CHAIRMAN. The gentleman from Arkansas yields to his· complains, is an amendment to the law which I helped pass. This colleague without limit, within the time that he possesses. · new law has never been tried. Consequently, nobody knows Mr. CLARK of Missouri. I thank mr friend from Arkansas whether it is good or bad. Anyway, it applies only to the large fMr. DINSMORE], also the chairman of the committee [Mr. HITT]', cities and is intended to prevent corruption. for their courtesy. I have stated one reason assigned by the imperialists why we Mr. LACEY. Now that the gentleman's time has been ex­ should go out carrying the blessings of liberty to the en.els of the tended, I want to ask him a question. earth. Another class of them say, "It is Providence.'~ I have Mr. CLARK of Missouri. Very well. heard a good many bad things unloaded on Providence> but I Mr. IJACEY. I understood the gentleman from Missouri, not never heard anything as bad as that. To claim that this is the long ago, to say that his party took the Republicans by the scruff work of Providence reminds one of the old colored brother who of the neck and got them into this trouble. said he had observed that when he prayed that Providence would Mr. CLARK of Missouri. I did not say any such thing. That send him a chicken he never got it; but when he prayed that speech of mine seems destined to be immortal. I will tell you Providence would send him to the chicken he usually got there. what I said. I said that the Democratic party in this Hoqse took [Laughter.] the Republican party by the scruff of the neck and dragged it_ Another thing to demonstrate our fitness to do political mis­ into the Spanish war, and I stand by that statement. It is the sionary work among the effete monarchies of the East: Five truth ofhlBtory. We did that very thing. But the Spanish war is Southern Sta~s are now taxing their ingenuity to eliminate the not the Philippine war. You are simply making me say that a_ colored brother from the political equation without infracting the little sooner than I would have said it anyway. I wish to call the Federal Constitution, and you Northern people would do precisely attention of lawyers to this fact: the same thing under the same circumstances. The Constitution of the United States gives Congress the right In fact, the Congress of the United States has cru.Tied that plan to decla,re war. We declared it. You Republican~ came in under further than any Southern State has done, for right under the a good deal of pressure. You had a "kickers"' caucus around shadow of this Capitol 300,000 citizens of the District of Colum­ here that bad eighty-five members in it, I have understood. At bia, white and black, are disfranchised by act of Congress and last you came in with a declaration of t}l.e Spanish war that Con­ have no more voice in the government under which they live than gress had the right to declare, that Congress did declare, and Con­ so many stocks and stones. gress carried that war to a glorious conclusion. And I say now Physician, heal thys.elfl that if that war had done nothing else except to give George Dewey and Winfield Scott Schley to immqrtaJity it is worth all that it There was one candid imperialist. That was the immortal cost. soldier and statesman, Fred~rick the Great. He took Silesia, to But this war is not the Spanish war. It is not part of the Spanish which his ancestors had some shadowy claim two hundred years war. Congress never authorized it, and Congress should stop it. before his day. . Through the horrors of the seven years' war, in Mr. LACEY. I understood my friend was giving 'Q.S.a list of which he soundly thrashed the Russians, Austrians, and French appropriations for the year 1898. combined, he resolutely held on to his prey. All Europe in arms Mr. CLARK of Missouri. I gave you ~hat as the last normal could not tear Silesia froll). his iron grasp. When all was over and appropriation of the War Department. he stood forth victor over all his foes, jn a state paper one of his Mr. LACEY. lmm.ediately be~ore the Spanish war. ministers undertook to demonstrate that it was the will of God, Mr. CLARK of Missouri. Yes; and it was an appropriation, whereupon candid, heroic Frederick growled, "Strike it out. made when :p.obody expected that there would be a war. Leave the name of God out of that. Say I did it." Now, I want to stir up your pure minds by way of remem­ Our imperialists are not so courageous as Frederick. A good brance. We went into that Spanish war with the solemn resolu­ many of them beat about the bush; but some do not. Living out tion of Congress that it was not for imperial aggrandizement or West has a tendency to increase and encourage independence of to enlarge our territory. What did we do that for, do you sup­ character. pose? Did we do it because we had nothing else to do? Was it Senator CARTER of Montana took a whack at this business not j nst a mere empty flourish of rhetoriq? No; I will tell you what long ago. Here is what he sal.d: we put it in there for. For two reasons. In the first place, you This is a practical age. We are goin~ to deal with thl.!$ question on the never would have got a resolution through this Congress declar­ basis of dollars and cents. Neither religion nor sentiment Will have much influence in determining the verdict. The great question will be, Will it pay? ing war in the world if it had not been put in there ~ because there If we can show the country that it will, as I think we ~. the American fiag were enough of us here who dreaded this very thing to prevent it. will never come down from the Philippines. In the second ~lace, we put it in there to secure the good opinion Mr. Chairman, when the Republican plµ'tywas first organize(! of mank~d, tQ keep the old nations of the earth fro!ll getting it went forth to do battle against the intrenched powers of the scared at this lusty young giant of the West, and it did keep them land as the friend of humanity; ~-d I do not 'believe that if Abra- o1f; and if anybody had had any idea that an attempt would have 1900. CONGRESSIONAL RECORD-HOUSE. 1523 been made to confine that resolution to Cuba, it would have been Destroy this spirit and you have planted the seed of despotism at your own doors. Familiarize yourself with the chains of bondage and you prepare· put into that resolution so l;>road that it would have covered every your own limbs to wear them. Accustomed to trample on the rights of foot of land on the face of God's footstool. others\ you have lost the strength of your own iudependence and become the We are in a nice fix, are we not? There is one other gentleman fit sub3ects of the first cunniDg tyrant who rises among you. about whom I wish to express my opinion. A man stood up in the Still again he said: Senate of the United States not long ago and held up before the No man is good enough to govern another man without tha.t other's con­ twinkling eyes of the members of the House of the Ancients a piece sent. When the white man governs himself, that is self-government; but of glittering gold that he alleged he had picked up in the Philip­ when he governs himself and also governs another man, that is more than self-government-that is despotism. Our reliance is in the love of liberty pine Islands, and said, in substance~ "There are mountains of it which God has planted in USi, onr defense is in the spirit which prites liberty over there, and for that reason we should go and dispossess the as the heritage of a.11 men, mall lands, everywhere. They who deny free­ people and take their land." dom to others deserve it not for themselves, and under a just God can not Mr. Chairman, the junior Senator from Colorado did not over­ long retain it. step the mark when he denounced that speech as "base and As if endowed with prophetic power to see what would be hap­ sordid," and I will give my opinion of it in another way. There pening here in 1900, Mr. Lincoln, at Lewiston, Me., said, in 1858. is scarcely a convicted thief in any penitentiary of any civilized Wise statesmen as they were they knew the tendency of prosperity to country on the globe who did not land behind the ·bars by reason br-eed tyrants; and so they establlBhed these gre&t self-evident truths, that when in the distant future some man, some faction, some interest, should of just such temptation as the gentleman from the Wabash held up set up the doctrine that none but rich men, or none but white men, or none before the Senate of the United States. [Applause on the Demo­ but Anglo-Saxon white men were entitled to liberty and the pursuit of hap­ cratic side.] piness, their posterity might look up again to the Declaration of Independ­ ot\nce and take courage to renewthe battle which theirfathersbe~a.n, * * • Now, they quoted Scripture here the other day. I want to so that no man should thereafter dare to limit and circumscribe the princi­ quote a little myself. It is written, "Judge a tree by its fruits." ples on which the temple of liberty was being built. That is good gospel. It was wisdom before it was ~ver put in the Bible. What are the fruits of imperialism up to date? I am Those words seem spoken to describe our imperialists, who sneer not going to overstate the case at all. In the first place, it has led at the Declaration of Independence and its authors. us into abandoning the Declaration of Independence, which has Republicans are fond of tracing their political pedigree to Alex­ made us what we are and glorified us in the eyes of the whole ander Hamilton, who condemned their present performances in world. That is the first proposition. these words: National liberty is a gift of the beneficent Creator to the whole human Now, gentlemen, I have philosophized a good deat about that race; and the civil liberty is founded on that, and can not be wrested from document. I want to say this to yon. There is nothing new in any people without the most manifest violation of justice. the Declaration of In.dependence except two propositions, and Charles Sumner was once considered a great prophet in Repub­ they revolutionized this world. One of them is that all men are lican Israel, and the popular voice endowed him with all the vir­ created equal; the other is that governments derive their just tues of martyrdom. In an unguarded moment he said: powers from the consent of the governed. What did those two The words that" governments derive their just powers from the consent propositions do? Why, they made us a republic. They made all of the governed" are sacred words, full of life-givmg energy. Not simply of North America a republic, except the British possessions. They national independenee was here proclaimed, but also the primal ri&"flts of all made Central America a bevy of republics; they made South mankind. . America republican. They made two republics in Europe and His illustrious successor in the Senate, the learned and venerable four in Africa, and gave liberty to the islands of the sea, and we GEORGE FRISBIE HOAR, is now denounced as a traitor by cheap­ did it. Mark Twain says, "Blessed is the man that bloweth his J ohn demagogues because he expresses sentiments similar to those own horn, lest it shall not be blown." We did it. There is not a of Sumner. republic existing on earth to-day that does not exist by reason of Sneer at the great Declaration and its self-evident truths, do yon? our example and the twin propositions in the Declaration of Inde­ Here are a few pearls of thought and patriotism culled at random pendence that all men are created equal and that governments from the archives of the Republican party in its better days: derive their just powers from the consent of the governed. Resolved, That the principle promulgated in the Declaration of Independ· I never think about the condition of the world now that I do ence is essential to the preservation of our republican institutions.-Repub­ not bless God for the men who wrote the Declaration of Independ­ Zican plat/O'l"l1i of June 17 1856. Resolved That the mamtenance1 of the principles promulgated in the Dec­ ence and for the men under Washington who made it good on a laration of fudependence, that governments a.re instituted among men, deriv­ thousand battlefields. Think of what a Republican Secretary of ing their just powers from the consent of the governed, is essential to the State did. When Louis Napoleon, the lucky adventurer, took preservation or our republican institutions.-Republican platform of May 17, possession of Mexico, at a time when his arms glittered from China ll60. Resolved, This convention declares itself in sympathy with all oppressed to Peru, when we got through with our family fight the first people who are struggling for their rights. We recognize the great prmciples thing that the Secretary of State did was to notify him to get out laid down in the immo.rtal Declaration of Independence as the true founda­ of Mexico and not to stand on the order of his going, and he went; tion of democratic government, and we hail with gladness every effort toward making these prin"Ciples a living reality on every inch of .Axnerican and Mexico exists to-day by reason of our patriotism, our courage, soil.-Republicanplatjorm of May to, 1868. and our good sense. · Resolved, That the Republican party has always been the champion of the But some fellow somewhere will get up and say that it is not oppressed and recognized the dignity of manhood, irrespective of faith, color, or nationality. It sympathizes with the cause of home rule in Ireland.­ true that all men are created equal; that one man is 6 high, an­ Republican platform of June 10, 1893. other one only 5; that one man has the brain of a Webster and another is an idiot; one is blackandanotheriswhite. Well, it never Really, some Anglomaniac ought to move to strike out sympa­ meant any such thing as that. It meant that every child is born thy for Ireland and insert sympathy for John Bull in the awful into this world with the same political rights as any other child. but righteous trouncing he is just now receiving at the hands of Latter-day Republicans sneer at the Declaration of Independ­ Oom Paul Kruger. ence as composed of glittering generalities and barren idealities, But, gentlemen, we do not have to confine ourselves to

is wrong in the Unified States, is it right in Asia? Is it? The Twice they have abandoned their humble homes and removed last Democratic President of the United States, James Buchanan, into the wilderness to get rid of the English; but the villain still sent an army to thrash the Mormons in Utah. The latest Repub­ pm·sues them. lican President of the United States, and, let us hope, the last, Why should we not express our sympathy? enters into some kind of an agreement-they say it is not a treaty­ The precedents all favor such action. with a polygamist of the Sulu Islands. I submit that if Brigham We passed resolutions of sympathy with the Greeks, when Young was a criminal for having 26 wives, the Sultan of Sulu is struggling heroically to break the yoke of the unspeakable Turk, a greater criminal for having 300 wives. [Laughter.] Did you and in advocacy of those resolutions Daniel Webster established ever hear of the question of slavery and what it did? For four his fame as an orator by his lofty and impassioned appeal to the long years it made this country red with the best blood of the moral sentiment of the world-the same sentiment which we now nation because some people thought other people should not buy invoke in behalf of an oppressed and long-suffering people. and sell human flesh. But I submit that what is wrong in Amer­ Under the lead of that matchless Kentuckian, Henry Clay, we ica is not right in Asia. And if it is wrong for an American citi­ hastened to express our sympathy with the nascent South Ameri­ zen to own a black African, it is wrong for anybody to own a can republics, thereby assisting them to throw off their Spanish brown Asiatic. chains; and we did our duty by that act.· Now, one other thing. How do you like this paying of tribute? We did these things when we were a feeble folk. I do not believe you people like it any better than I do. Do you Then we were willing to defy the world, the flesh, and the devil know what was the first infallible sign of the decline and fall of to aid anybody anywhere st1·uggling for freedom. . the Roman Empire? It was paying tribute to barbarians. Armies Now, that we are so strong that we can not estimate our strength, destroyed might be replaced, cities razed might be rebuilt~ but we have fallen to the low estate of being John Bull's silent part­ when the insatiable barbarian got the first taste of Roman tribute he ner in butchering and despoiling white men-flesh of our flesh never stopped until his whiskered pandours and fierce hussars rode and bone of our bone-fighting valiantly and gloriously for their through the vine-clad hills of Italy and fed their horses in the altars and their fires. Shame upon such a craven spirit! temples of the Romans of the seven-hilled city. If gold and diamonds had never been discovered in grand old Let us see 'another thing that this imperialism has brought Paul Kruger's bailiwick, there would have been no war. It is the us to-a press censorship. These are the fruits of the tree of for­ Boer~' gold and diamonds that the English are fighting for, and bidden knowledge. A press censorship! Do you know what was not the rights of the Utlanders. Any weak people discovering the only party that ever established a press censorship in this gold, diamonds, or anything of value may expect a visit from Mr. country? It was the old Federalist party. It passed a law mak­ Bun. ing it a crime to speak disrespectfully of the .President of the I hope he will get his fill of gold. I hope it from the bottom of United States, or of the Vice-President, or of the Supreme Court, my heart. I want him to get it as Crassus got it. or of the Senate or House of Representatives, or any member He waged a war against the Parthians to gobble their gold. thereof. Good heavens! Just think of it! Suppose that law They defeated his legions, cut off his head, poured melted gold had been on the statute book during the last two years of Cleve­ down his dead throat, and, in derision, said: "Now, Crassus, thou land's second Ad.ministration; where would we have been? Every hast thy gold!" man jack of us would have been in prison and not one wonld have So may it be with Johnny Bull in South Africa and to all who escaped. (Laughter.] Yes, on both sides of the House. [Laugh­ are the foes of human liberty. ter.] Suppose that was the law now; where would a good many I do not wish to weary the House, but there is another branch of us be? In durance vile. of this matter I want to mention briefly. This appetite for islands But in 1800 the American people arose in their wrath and might grows with what it feeds on. When we took in the Sandwich and hurled the old Federalist party from power and buried it in a Islands I said then it was only the beginning of the end. grave upon which there is inscribed, ''No resurrection;" and if the Now we have the Sandwich Islands; we have the island of Republican party in the United States persists in this press cen­ Guam; we have Puerto Rico; we intend to swallow Cuba at the sorship it will follow the old Federalist party in the broad and first opportunity; we are 1·eaching out for the Philippines. One dusty pathway to oblivion. day two weeks ago the Philadelphia Inquirer had an editorial ad­ Another bitter fruit of the tree of impel'ialism is that it makes vocating the purchase by the United Stat.es of the Danish West our Government callous to the Ma-0edonian cry which comes to us India Islands-St. John, St. Croix, and St. Thomas. The very from other peoples who are fighting for the 1ight to govern same day the Philadelphia North American had an editorial ad­ themselves. vocating the proposition that we buy the Galapagos Islands. The love of freedom is not confined to any latitude or longitude. Now, I undertake to say, unless you have rubbed up your geog­ Wherever people are struggling for liberty they should have the raphy lately, there is not a man in the House who would know friendship of all Americans. which way to start-north, south, east, or west-if required to It is astounding that there should be any argument as to that start instantly for the Galapagos Islands. proposition within the broad confines of this puissant Republic. One other proposition. They say that where the American flag Two years ago there would not have been; but a change, a mar­ has once been raised it shall never be hauled down. The Presi­ velous change, has come over the spirit of our dream. dent of the United States said that. My friend from Ohio, Gen­ In the elder day we would have made the welkin ring; now, eral GROSVENOR, is the originator of that absurd theorv. A more officially speaking, we are dumb as oysters. Wherefore? Because preposterous one was never hatched in the brain of man. I do not England is a robber nation; we are ambitious to become a robber believe that the President had any more intention of making that nation; and all robber nations must stand together for self-protec­ speech when he started South than I have of undertaking to fly. tion; and because it is so English, don't you know! But he got down there among the Southern people; they are warm.._ That's official America, mark you-only official America. hearted, hospitable, generous, enthusiastic, feather-headed, and From its sordid and inhuman verdict we appeal to the unofficial they sometimes boil over. (Laughter.] I love the Southrons with masses, who make and unmake statesmen, the great body of our all the intensity of my bemg; for blood is thicker than water. citizenship, whom Abraham Lincoln affectionately denominated When he got down there, with his engaging personality andhancb­ "the plain people"-yes, the plain people, the honest people, the some presence, it was such a relief from Cleveland that they went uncorrupted people, who do not covet their neighbor's land, whose wild in their enthusiasm; and, as the newspapers stated, he inter­ eyes are not blinded by the sheen of their neighbor's gold, whose polated that clause into his written speech at the banquet when it cupidity is not excited by the sparkle of their neighbor's diamonds, was past midnight-" Who shall haul down the American flag? who do not believe that larceny, burglary, arson, and murder are Men of Dixie, will you haul it down?" Of course they swore by fundamentals of political economy and Christian civilization, and the horns of the altar that they would not haul it down. [Laugh­ in whose pure and tender hearts the sweet song of human freedom ter.] And in their then excited frame of mind and exaltation of is forever singing. spirit, they would have sworn just as cheerfully and vociferously The Senate of the United States may laugh to scorn Senator to storm the gates of hell or scale the mountains of the moon. r MAsoN's resolution of sympathy with the Boers, but the toiling Now, I have not attended very many banquets; I have attended millions of America will send their sympathy and their hearty a few; but my opinion is that the poorest place on the American Godspeed across the sea to the brave burghers who are the best continent to ascertain the cool, deliberate, settled judgment of the marksmen seen on earth since Andrew Jackson's immortal day at American people is at a banquet, especially in the South at 2 New Orleans. o'clock in the morning "betwixt the walnuts and the wine." Why should we not sympathize with these sturdy defenders of (Laughter.] their liberty, tbeh· homes, their wives, and their little chiidren? Now, let us see where this doctrine would land us. The propo­ They are in the right. Not only that-they have five times as sition is that we are not going to h::iul down the American flag. much cause for fighting as our fathers had in 1775. Did any Roman emperors ever haul down their flag? Adrian, Daniel Webster once declared that our Revolutionary sires went one of the greatest of them, hauled it down, and everybody has ap­ to war about a preamble; but if that be true, it is also true that plauded him since. the essence of thatpreamblewas theright of self-government, for There used to be a man named Napoleon Bonaparte, who which the Boers are fighting. roamed around a good deal away from home. [Laughter.) He 1526 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 5,

may be called the most masterful flag raiser of that age. He ran ci'rilized portion of mankind. The frontiers of that extensive up the French flag on every capital of Europe except London, and monarchy were guarded by ancient renown and disciplined valor.'' I have always been sorry he did not run it up there. Did he Those are the splendid sentences with which Edward Gibbon always keep his flag up where he first put it? Why, bless your opens The History of the Decline and Fall ofthe Roman Em.. souls, no. He pulled it down at Berlin, at Vienna, at Madrid, pire, the saddest story in the annals of the human race. Dull and-I was about to say a thousand other places. He took the indeed must be the man, cold must be his heart, whose imagina­ French eagles back to their eyrie on the banks of the Seine. If tion, fired by those two glowing and gorgeous sentences, does not my friend General GROSVENOR ha.d been there he would have conjure up for his contemplation magnificent pictures of human said, " Sire, you will sully your reputation. Where the French happiness and human prosperity. But, alas! the six large vol­ flag has once waved it must wave- umes which he wrote are almost exclusively devoted to giving a " Forever and forever, melancholy, a heart-rending history of human folly, human As long a.s the river flows, depravity, human weakness, human misery, and human pol­ A.s long as the heart bas passions. troonery, such as can be found nowhere else in the entire realm As long as life hath woes." of literature. And when Victoria, Louis Napoleon, and the Sultan of Turkey · Here and there a flash of genius, an act of patriotism, a deed of went into the Crimean war Queen Vic got into rather bad com­ humanity, a feat of heroism, lights up the somber scene of desola­ pany on both sides. They ran up their flags on Russian soil. -Did tion and woe-only the last :flickerings of the expiring candle. they keep them there? No; theypulled them down, and were glad Constantly, forever downward, the great historian leads our steps, to have an opportunity to pull them down and go home. If they through suffering and decay, from the accession of Augustus Cresar had not done so Kingfake's history of the Crimean war would to the fall of Constantinople-scenes twelve hundred years apart, have contained so many volumes that the world would not have but welded together for our instruction and our warning. The held them. end may be described succinctly as "Darkness everywhere; chaos Does England always keep her flag up where she has hoisted it? come again." She had :floated it over every capital of Europe except that of I wish most fervently that every citizen of this Republic could Russia. She once :floa,ted it over the Philippines, but pulled it be compelled to read carefully and prayerfully Gibbon's stupen­ down again. On a day that no American can remember except dous work. It would wound the jingoes past all surgery, give the with shame and humiliation the British burned this Capitol, and coup de grace to imperialism on this continent, and save our chil­ over its ruins ran up the cross of St. George. Did they keep it dren from a fate at the contemplation of whose horrors even the there? No. If they had undertaken to keep it there, what would bravest of us must shudder. have happened? Why, every boy and half the girls born in the Over and over and over again he tells us with an emphasis United States since that time would have died in the attempt to which can never be forgotten that " the decline and fall of the haul down that hateful rag. Roman Empire'' was caused by the failure of the successors of Let us recur to our own history. Have we always kept our Augustus to follow the sage advice of that crafty statesman to flag where we ran it up? Why, sir, we ran it up on the river keep the empire within safe, reasonable, and natural bounds. Thames, in Canada. One of my kinsmen died on that battlefield With their evil example and its awful consequences before our running up that flag. We ran up our flag over the halls of the eyes, we seem determined to plunge headlong into the black and Montezumas, in Mexico; we ran it up on the walls of the Barbary bottomless abyss in which they disappeared forever from human powers, in Africa. Did we keep it up? No; when it had answered ken. the purposes for which it was put up we pulled it down and If you desire a poetical description of Rome after their folly and brought it back into our own country, and have been stronger and wickedness had wrought their perfect work of destrJiction, read better ever since for doing so. the famous lines of Lord Byron, the greatest poet that ever lived: Let me tell you something further about running up the flag 0 Rome! my country! city of thesoull and hauling it down. To say that you will never haul down the The orphans of the heart must turn to thee, flag from anyplace where it has once been hoisted, means a war Lone mother of dead empires! and control of extermination inevitably. ~~~~!11o~rb~~~t!~~e;~:~c~egine and see When John A. Dix at the beginning of the civil war tele­ The cypress, hear ~he owl, and plod your way graphed, "If any man undertakes to haul down the American O'er steps of broken thrones and temples, Yel Whose agonies are evils ot a day- flag, shoot him on the spot," it fired the patriotic heart of the land, A world is at our feet as fragile as our clay. because that flag was :floatin~ where it ought to float. But when a The Niobe of nation.st there she stands, ever you run it up where it has got no business, it ceases to be Childless and crownless, in her voiceless woe; the banner of the free and the emblem of liberty and becomes to the An empty urn within her wither'd hands, people where it is run up an emblem of slavery and humiliation. Whose holy dust was scatter'd long ago; The Scipios' tomb contains no ashes now; Now, gentlemen, I must stop, of course. But one other thing The very sepulchers lie tenantless I want to suggest to you. It is not pleasant to play the role of Of their heroic dwellers: dost t hou flow, Cassandra, but people ought to learn by experience. Old Tiber i through a marble wilderness? Why will we learn nothing from the sad fate of those who have Rise, with thy yellow waves, and mantle her distress. gone before? I had an uncle somewhat given to wild ways. :biy The Goth, the Christian. Time, War, Flood, and Fire, father, an older man, advised him to profit by the experience of Have dealt upon the seven-hill'd city's pride; She saw her glories star by star expire, others. "Oh," replied the ardent youth, " I want to experience And up the steep barbarian monarchs ride, these things myself." We are acting in precisely the same reck­ Where the car climb'd the Capitol; far and wide less manner. Strong beyond computation, happier than any other Temple and tower went down, nor left a. site- Chaos of ruins! who shall trace the void, people on earth, growing by leaps and bounds, yet with the his· O'er the dim fragments cast a lunar light, tory of the world for six thousand years before our faces we are And say, "Here was, or is," whero all is double night? hastening with flying feet into that broad and easy pathway The double night of ages, and of her, whose end is death. Night's daughter\ Ignorance, hath wrapp'd, e.nd wrap Take a few from the innumerable examples which history fur­ All round us; we out feel our way to err; The ocean hath its cha.rt, the stars their map, nishes for our instruction-examples authenticated beyond all And Knowledge spreads them on her ample lap; cavil. But Rome is as the desert, where we steer Greece was the first IP:eat nation of Europe. As long as she was St umbling o'er recollection.s; now we clap contented to remain within the bounds which nature fixed fo1· her Our hands, and cry, "Eureka I" it is clear- she :flourished, the home of art, poetry, learning, commerce, and When but some false mirage of ruin rises near. valor. But Greece was not big enough for Alexander, w11o, not Then came Mohammed, camel driver and prophet, with the satisfied with being the son of Philip ot Macedonia ~ boasted that Koran in one hand and the sword in the other, and founded in he was Ammon:s son. So he started out to slaughter, to conquer, blood and on fanaticism an empire which spread until it looked and to seek universal dominion. We certainly can not hope to as though it were to be universal; but on the field of Tom·s and beat him at his own game. You know what befell him. But under the walls of Vienna Charles Martel and John Sobieski where be the cities now which he founded? Where the empire rolled back the tide of Saracen invasion, which has been receding which he created? the glory of his own country, which he de~ ever since, until the latest of his successors is the laughing-stock bauched, ruined, and enslaved? · of royalty, and "the Sick Man of Europe" is permitted to play at Then Rome arose upon the banks of the yellow Tiber; waxed being a monarch only because the great powers can not agree as strong, spread out till Rome was synonymous with the civilized to who shall own Constantinople, the key to the eastern world. world; lorded it over a.11 creation for some centuries; broke to At the astounding historic pageant at Brussels, when Charles pieces of her own weight and own rottenness; became the victim V, weary of glory, of power, of conquest, and of the world, abdi­ of the cruel barbarian and followed Greece to the graveyard cated in favor of Philip II, he could with perfect truth have made of nations. the proud boast which Daniel Webster .made for England, that "In the secQnd century of the Christian Era the Empire of the sun never set upon his dominions and that his morning drum­ Rome comprehended the fairest part of the earth and the most beat encircled the globe. Not oJily Spain was his, but also Italy, 1900.' CONGRESSIONAL RECORD-HOUSE. 1527

Sicily, Austria, the Netherlands, the Florid as, most of North, Cen­ God to be the dominating influence through all the centuries yet tral, and South America, and nearly all the isla1;1da of all the se~. to be. Even the great hlghway of the ocean was denommated the Spamsh And now may the God of our fathers, the God who inspired Main. But his immense and glittering empire was an unnatural, the tongue and heart of Patrick Henry, the God who guided the an incongruous, an incoherent, an incompatible conglomeration hand of Jefferson while he traced the greatest state paper in the of states, and only last year we, who as a nation 'Yere in our swad­ tide of time, the God who sustained Washington and his starving dling clothes when that great Empero: doffe~ his crown and _be­ men during seven years of awful war and gave them complete took him to a monastery, gave the finlsh to his abnormal empire. victory on the blood-stained heights of Yorktown, may He pre­ Next came Louis XIV, th~ Grand Monarque, who was King for serve this great Republic, the last hope of constitutional govern­ seventy-two years; who for half a century did bestride this nar­ ment on the face of the earth, from all its enemies, foreign and row world like a Colossus; who, in the plenitude of his power, domestic, and from its unwise friends who would lure it into the dreamed that he could defy the immutable laws of nature and by path that certainly leadeth to destruction. (Applause on the a family compact could give the earth and the fullness th~reof in Democratic side.] fee simple to his descendants; whose old age was made bitter by Mr. HITT. Mr. Chairman, I yield to the gentleman. from Penn­ Blenheim, Oudenarde, Ramillies, and Malplaquet, by the loss of sylvania [Mr. SIBLEY]. armies, battles, and provinces; whose cup of humiliation was Mr. SIBLEY. Mr. Chairman, I am sure we have all been en­ filled to overflowing by the invasion of La Belle France; whose tertained if not instructed by our eloquent friend from Missouri grandson died upon the block, and whose heirs are mere phantom [Mr. CLARK]. I have received. in my mail to-day the utterance kings-wanderers and vagabonds upon the face of the earth. of another gentleman from Missouri that I am going to read, to Close upon his august heels came the marvelous Corsican, the show that there is not a unanimity of sentiment even in Missouri. wonderful warrior, the self-styled "Armed Soldier of Democracy," It says: who boasted that he found the crown of France in the gutter, MY DEAR MR. SrnLEY- picked it up on the point of his sword, and with his own hands clapped it upon his own head. Had he been warned by the fate of I was going to leave out a little of it, but I will read it all­ his predecessors, he would have died upon the throne, left it to J:Us Your patriotic speech of vesterday pleased me beyond expreSsion. Within son, and in history would have been named "Napoleon the Invm­ the last month there has been a decided change of sentiment amon~st our people, and they are becoming much more Democratic as to sustainmg the cible." Not so, however. Filled with the vain lust of universal Government. Our Populistic brethren have worked the cry of anti-expansion dominion, he, too, caught the fatal mania of imperfalism. He for all it was worth, but Democratic instinct r~fused to accept it a.s part of conquered kingdoms, empires, and principalities. He deposed our political faith. - Our friends must get back into line or be left, for as sure as we live our kings and queens and potentates until Europe was full of fleeing party in Missouri is i!1 favor of ho!ding the Phµippine Is!ands as United States royalties. He made queens of his sisters, kings of his brothers, territory and of nlt1mately makin~ a State m the Uruon of Cuba.. We can brothers-in-law, and even of his stable boys. In his vainglory he conceive of no greater measure of liberty or a situ a.tion of more independence than being a State in the Union. We look forward with pleasure to the time called his babv heir by the high-sounding title of King of Rome; when our Union of States will be increased by additions of Commonwealths but in an evil whour for him-a blessed hour for humanity-he, creat.ed from the territories we have taken from Spain in our last glorious too, ran up against the inexorable law of nature; his legions war. perished in the snows of Russia, and at last, a prisoner on a tropic That is from a Democrat. . isle, he died in a delirium, shouting, ''Tete d'armee!" Mr. COCHRAN of Missouri and others on the Democratic side. At last appeared John Bull as the great practitioner of the fatal Namehiml theory of imperialism. He gobbled North America, a portion of Mr. SIBLEY. That is a personal letter. I have written the South America, a large slice of Asia, most of northern Africa, the gentleman for his permission to give his name; but he is a man majority of all the islands in the bosom of the multitudinous seas. who sat on the floor of this House for many years and raised his John was the greatest imperialist of them all. He had a long and voice for the principles of Democracy. He was a Chicago plat­ successful run. At last he butted his hard head against Spion form Democrat [applause on the Republican side], and I had the Kop and lost his glory in the Modder River. · Many men hope and honor to sit with film in this body. more believe that John has reached his highest point ·and hastes Mr. COCHRAN of Missouri and .Mr. DINSMORE rose. now to his setting, and that in South Africa, at the hands of old Mr. COCHRAN of Missouri. Mr. Chairman, I ask my friend Paul Kruger, he will find his Waterloo. for one moment's interruption. Unless we are the veriest idiots upon whom God has showered The CHAIBMAN. Does the gentleman yield? his blessings, rich and manifold, we will profit by the dreadful ex­ Mr. SIBLEY. I yield to the gentleman from Missouri. ample of these and others who have gone to ruin by the fatal Mr. COCHRAN of Missouri. I \_Vill ask you if that gentleman process of imperialism. is not at this time a candidate for an appointment by the McKin­ Oh, yes; buttheyaskifJeffersondidnotexpand. Ofcoursehedid ley Administration, and if he does not live in Jasper County? on rational principles. I am not against expansion on rational prin­ Mr. SIBLEY. I believe this gentleman would not accept any ciples and in proper directions. I am to-day in favor of taking every appointment to a Federal position or other position. foot of the British North American possessions. [Applause on the Mr. DINSMORE. Will my friend from Pennsylvania yield to Democratic side.] They join our territory. Their people" are edu­ me? I desire to a~k him if he can explain to me why, if this let­ cated in self-government. We would welcome them as citizens, and ter is written by a Democrat, who sat upon this floor as a Demo­ we would then not have John Bull for our nearest neighbor. J effer­ crat, appealing to my friend from Pennsylvania as a Democrat, son expanded, and I thank God that he was President in 1803, for if saying that this party-the Democratic party-must get back to he had not been we never would have had the trans-Mississippi the traditions of Democracy as set forth in the speech which my country. We needed it in our business. It was necessary for our friend from Pennsylvania made only a day or two ago, the only. healthy growth and for our perpetuity. It was contiguous terri­ indorsement and applause it elicited in this House came from the tory. It had nobody in it except the Indians, whom we intended Republican party on the other side of the Chamber. [Laughter t-0 kill, and a few white people who wanted to come with us. That and applause on the Democratic side.] is the truth. But even Napoleon, who can not be counted among Mr. SIBLEY. Perhaps that is correct. I want to say, Mr. the friends of liberty, stipulated that the Louisiana purchase Chairman, that I have been invited so many times to take my seat should be admitted as a State or States and the people thereof upon the other side of the Chamber that, if standing by the con­ protected in the enjoyment of their religious and political rights. victions I hold, if standing in defense of all that makes for higher We had to have the Floridas, because we did not want Spain with life and better government, if standing patriotically by my coun­ a foothold south of us and England with a foothold north of us. We try as against her open enemies, it is necessary for a man to sit had to acquire Texas-that was a part of the Louisiana purchase, upon that side of the Chamber, you can constructively place this too-because if we did not have it a foreign nation would come seat there at this very minute. [Loud applause on the Repub­ up to .Missouri, Louisiana, Arkansas, and .Kansas. In all these lican aide.] cases we were seeking a natural frontier and we got it. But over Upon the floor of this House you have said to-day that my posi­ yonder there is a people alien to us; 10,000 miles away from us. tion in the pastwas one thing and in two years was another thing, There are sixty of them to the square mile, and there are only and that two years from now it might be different. [Laughter on twelve of us to the square mile here. There is no room for our the Democratic aide.] That I grant you. My hope.IS that I may people there, even if they could stand the climate. ever keep with the living present rather than with the dead past. I am proud of being a native of Kentucky; prouder of being a [Applause on the Republican side.] I would rather be true to the Missourian by adoption; proudest of all of being an American. present than consistent with the past. I have been charged with I have made this speech because I wanted to contribute my mite turning my coat. [Laughter on the Democratic side.] to the preservation of representative government. I want to tell you that whenever the time comes that the other When I look into the faces of my little children my heart swells side of my coat looks better than this side, I will. change it quicker with ineffable pride to think that they are citizens of this mighty than any man you ever saw. [Applause on the Republican side Republic, one and indivisible, built not for a day hut for all time, and laughter on the Democratic side.] .I want to tell you that bottomed on eternal truth and right and justice, and if we are there is many a Democrat who can change his coat and cover up true to our principles and faithful to our mission, destined under the rags and tatters that he is now wearing and present a more 1528 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 5, respectable appearance to the public view. [Laughter and ap­ Accordingly the committee rose; and the Speaker having re­ plause.] sumed the chair, Mr. SHERMAN, Chairman of the Committee of If I were a prodigal, living on the dry husks of the past, and were the Whole House on the state of the Union, reported that that compelled to eat the fodder with the swine I kept and quarrel with committee had had under consideration House bill 7941, making them for a scanty pittance, upon an invitation to a feast and a appropriations for the diplomatic and consular service for the clean robe I would leave the husks for the sake of the better sur­ fiscal year ending June 30, 1901, and had come to no resolution roundingselsewhereaffordedandleavetomyfriend from Arkansas, thereon. if he will, the diet of husks. That is all I care to say at the present. The SPEAKER. The gentleman from New York, Chairman [Applause on the Republican side.] of the Committee of the Whole House on the state of the Union, Mr. DINSMORE. I yield five minutes to the gentleman from reports that that committee has had under consideration House Missouri fMr. CocHRAi'i]. bill 7941, and has come to no resolution thereon. Mr. COCHRAN of Missouri. Mr. Chairman, nobody has just Mr. CLARK of Missouri. Mr. Speaker, I would like to have cause to complain about a change of opinion by any servant of permission not to so much extend my remarks in the RECORD as the public. It is commendable rather than censurable that one to straighten them up, rearrange, and fix them to suit myself. shall follow conscience and judgment wherever it leads. But it The SPEAKER. The gentleman from Missouri asks unanimous does not follow that when one's opinions change he is justified in consent that he may extend or rearrange his remarks made to-day arrogating to himself such superiority of judgment as to entitle in the RECORD, Is there objection? [After a pause.] The Chair him to say that men who do not see fit to change their opinions hears none. quite so frequently as he are necessarily less intelligent or less progressive. I apprehend that nobody on this floor will question MESSAGE FROM THE PRESIDENT. the right of any representative of the people to change his mind The SPEAKER laid before the House the following message upon any or even all current public questions. If such a change from the President of the United States; which was ordered involves inconsistency, it is a question between him and his con­ printed, and referred to the Committee on Agriculture: stituents, and not to be passed upon by anybody in this Chamber. To the Senate and HO'USe of Representatives: As to the fondamental precepts of liberty many of us have not I transmit herewith for the information of the Congress a communication from the Secretary of Agriculture, covering extensive field operations, con­ experienced a change of heart. I for one think the Democratic sisting of soil surveys over various areas a~gregating 720,000 acres. In the party can afford to base its action in reference to legislation ~if~~e~ !~~~:~:?"of Agriculture, this IS the most important work of its affecting every creature within our jurisdiction on the Declaration WII LIAM McKINLEY. of Independence. It can afford to base its action on the Constitu­ ExECUTIVE MANSION, Feb1-uary 5, 1900. tion of the United States. It can afford to base its action on the rulings of the Supreme Court and the writings and speeches of SENATE BILLS AND RESOLUTIONS REFERRED. the great men who have attempted to define what Congress may Under clause 2 of Rule XXIV, Senate bills and resolutions of the and may not do in applying our system to acquired territory. I following titles were taken from the Speaker's table and referred believe that careful study of these precedents and opinions is a to their appropriate committees as indicated below: safer guide than can be found in beautiful phrases, high-sounding S. 746. An act to authorize C. R. Dobbins to accept a watch platitudes, and well-rounded periods. Such speeches charm the awarded to him by the government of the Dominion of Canada imagination, but, unfortunately, are not always instructive. It is in recognition of his humane and gallant services to the ship­ unquestionably true that in the past the Democratic party has wrecked crew of the British schooner Ashton, of Weymouth, been the champion of expansion in this country, but it has ex­ Nova Scotia-to the Committee on Foreign Affairs. panded republican institutions as well as territory. Democratic S. 707. An act for the relief of Charles T. Rader-to the Com­ expansion means enlargement of the domain blessed by constitu­ mittee on the Public Lands. tional government and liberty as well as of the boundaries of the S. 421. An act for the relief of Napolian B. Giddings-to the United States. We would take under our flag no people inimical Committee on Claims. to its institutions. We would not impose the Government of the S. 422. An act for the relief of George A. Orr-to the Committee United States upon any country by force. on War Claims. I believe that the Declaration of Independence means something. S. 423. An act for the relief of Joseph W. Carmack-to the Com­ I believe that all men are created equal and endowed with certain mittee on War Claims. inalienable rights. I believe that governments do derive their S. 424. An act for the relief of John S. Neet, jr.-to the Com­ just powers from the consent of the governed. Is that he1·esy? mittee on War Claims. I believe that a government imposed by violence and force is S. 425. An act for the relief of John M. Davis-to the Committee tyranny. Is that heresy or is it Democracy? It is true that the on Military Affairs. - great party of .which I am an humble member and whose prin­ S. 426. An act for the relief of Ezra S. Havens-to the Commit­ ciples I devoutly believe has added to this nation a vast area of tee on War Claims. territory, but it is American territory and has been carved into S. 427. An act for the relief of A. F. Fleet-to the Committee on American States. It is to-day peopled by Americans, whose great Claims. achievements have increased our material prosperity without in S. 428. An act for the relief of Laura S. Gillingwaters, widow the least disparaging or injuring the politics, institutions, or morals of J.E. Gillingwaters-to the Committee on War Claims. of the country. S. 432. An act for the relief of James W. Howell, late of Com­ If we are to annex the Philippine Islands, it must be with the pany H, Fifty-fourth Regiment Illinois Infantry Volunteers-to understanding that tbe Constitution applies to every part of the the Committee on Military Affairs. territory of the United States. The Constitution says that taxa­ S. 433. An act for the relief of Richard C. Silence-to the Com­ tion shall be equal throughout the United States, and the Supreme mittee on Military Affairs. Court has said that the United States comprises not only the S. 436. An act t-0 correct the military record of Perry J. Knoles­ States of the Union, but all territory belonging to the United to the Committee on Military Affairs. States. The programme of the imperialist requires avoidance of S. 437. An act for the relief of Isaac McConnaughay, private, this provision. We are to hav.e tariff laws levying taxes in our Company H, Fortieth Iowa Infantry Volunteers-to the Commit­ new possessions which are unknown in the States, and in order to tee on Military Affairs. carry out this programme a new theory is promulgated as to the S. 438. An act for the correction of the military record of James meaning of the Constitution. Gentlemen on the other side of the M. Crabtree-to the Committee on Military Affairs. Chamber must be aware that a construction has been placed upon S. 439. An act for the correction of the military recOl"d of John the organic law fatal to their programme, and yet they would R. Leonard-to the Committee on Military Affairs. attempt to haggle and split hairs about what the words "United S. 359. An act to extend the privilege of immediate transporta­ States" mean, doubtless hoping that the Supreme CQ.nrt may be tion of dutiable goods to the port~ Astoria, Oreg.-to the Com­ induced to reverse its former decision. mittee on Ways and Means. Mr. Chairman, you can not find in the literature of the Repub­ S. 1590. An act for the erection of a public building at Provi­ lic prior to last year a single syllable that even suggests a limita­ dence, R. I. -to the Committee on Public Buildings and Grounds. tion of the benign provisions of the Constitution to citizens S. R. 51. Joint resolution recognizing the gallantry of Frank H. dwelling in the States comprising the Union. Now, we here pro· Newcomb, commanding the revenue cutter Hudson; of his officers posed the adoption of the theory of liberty preached and prac­ and men; also retiring Capt. Daniel B. Hodgsdon, of the Revenue­ ticed by the Romans. They said liberty was for the Romans and Cutter Service, for efficient and meritorious services in command slavery for the i·emainder of mankind. Jefferson taught that of the cutter Hugh McCulloch at Manila-to the Committee on In­ liberty was for·mankind. Hitherto the Democratic party ha.s pro­ terstate and Foreign Commerce. fessed this faith, and I trust it may ever adhere to it. [Applause.] Senate concurrent resolution 22: fHere the hammer fell.] Resolved lYy the Senate (the House of Representatives concurring), That there Mr. HITT. Mi". Chairman, I move that the committee do now be printed for immediate use as a public document 11,000 copies of the pro­ rise. ceedings in connection with the reception of the Webster statue on January 18, 19001 as reported by the committee of arrangements, of which 1,000 shall The motion was agreed to. be for ~he use of Mr. Stilson Hutchins, 4,000 for the use of the Senate, and 1900. CONGRESSIONAL RECORD-HOUSE. 1529

6,000 for the use of the House of Representatives; also 10,000 copies in the form 5288) relating t.o lights on steam pilot vessels, report;ed the same p rescribed by la.w for printing eulogies, of which, in cloth binding, l ,000 shall be for the use of Mr. Hutchins, 3,000 delivered to the Sena.tors and Repre­ without amendment, accompanied by a repprt (No. 197); which sentatives of the States of New Hampshire and Massachusetts, 2,000 for the said bill and report were referred to the House Calendar. use of the Senate, and 4,000 for the use of the House of Representatives- Mr. LINNEY, from the Committee on Elections No. 1, to which to the Committee on Printing. _ was referred the resolution of the House (H. Res. 130) relating to CHANGE OF REFERENCE. contested-election case of Evarts vs. Turner, Fifth Congressional The SPEAKER. The Chair calls attention to Senate bill 197, for district of Kentucky, reported the same, accompanied by a. report the relief of Hattie Phillips, which was erroneously sent to the (No. 198); which was ordered to be printed. Committee on Pensions when it should have been referred to the Mr. ROBERTS, from the Committee on Elections No. 3, to Committee on War Claims. Without objection, it will be so which was referred the resolution of the House (H. Res. 131) re­ referred. lating to the contestied-election case of Pearson vs. Crawford, from There was no objection. the Ninth Congressional district of North Carolina, reported the LEA VE OF ABSENCE. same without amendment, accompanied by a rj3port (No. 199); By unanimous consent, leave of absence was granted as follows: which said resolution and report were referred to the House Cal­ To Mr. RHEA of Kentucky, for ten days, on account of impor­ endar. tant business. To Mr. GARDNER of New Jersey, until Thursday,on account of PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS death. INTRODUCED. LEAVE TO PRINT IN THE RECORD. ·Under clause 3 of Rule XXII, bills, resolutions, and memorials Mr. DINSMORE. Mr. Speaker, in order to give the privilege ot the following titles were introduced and severally referred as to certain members of the House who do not care to speak on the follows: present bill, I ask unanimous consent that members of the House By Mr. BRANTLEY: A bill (H. R. 8059) to amend the items may have the privilege to print in the RECORD for a. term of five in the river and harbor acts of 1894, .1896, and 1899, containing days. the contract with C. P. Goodyear, his hefrs and assigns, to deepen Mr. STEELE. I think the gentleman h_ad better make it one the outer bar of Brunswick, Ga.-tothe Committee on Rivers and day. Harbors. The SPEAKER. The gentleman from Arkansas asks unani­ Also, a bill (H. R. 8060) to establish a military post at or near mous consent that all members may be permitted to print re­ Waycross, Ga.-to the Committee on Military Affairs. . marks on the bill pending before the Committee of the Whole By Mr. RUSSELL: A bill (H. R. 8061) to incorporate the Amer­ Honse on the state of the Union for five days. ican National Red Cross, and for other purposes-to the Commit­ Mr. PAYNE. Mr. Speaker, I am not disposed to object to this tee on Foreign Affairs. request; but I want to call the attention of the House to the fact By .Mr. FLYNN: A bill (H. R. 8062) creating the county of that this has been repeated time after time, so that there are Quapaw, Okla., and defining the boundaries thereof-to the Com­ already three or four consents for matters of this kind. mittee on Indian Affairs. Mr. STEELE. I object. By Mr. HE-."11iRY of Mississippi: A bill (H. R. 8063) to legalize Mr. DINSMORE. Well, Mr. Speaker, I will make the request and maintain the iron bridge across Pearl River at Rockport, for one day. Miss.-to the Committee on Interstate and Foreign Commerce. The SPEAKER. The gentleman from Arkansas asks unani­ By Mr. PAYNE: A bill (H. R. 8064) in relation to the suppres­ mous consent that members of the Honse may be permitted to sion of insurrection in, and to the government of, the Philippine print in the RECORD for one day, Is there objection? [Aft;er a Islands, ceded by Spain to the United States by the treaty con­ pause. l The Chair hears none. cluded at Paris on the 10th day of December, 1898-to the Com­ Mr. HITT. Mr. Speaker, I move that the House do now ad­ mittee on Insular Affairs. journ. By Mr. MOODY of Oregon: A bill (H. R . 8065) permitting citi­ The motion was agreed to; and accordingly (at 5 o'clock and 8 zens of the United States, bona fide residents of the States of Cali­ minutes p. m.) the House adjourned un_til to-morrow at 12 o'clock fornia, Oregon, and WaBhington, to fell and remove, for building, noon. agricultural, mining, and other domestic purposes, timber grow­ ing or being upon the mineral lands of the United States in the EXECUTIVE COMMUNICATIONS, ETC. States aforesaid-to the Committee on the Public Lands. Under clause 2 of Rule XXIV, the following executive commu­ By Mr. DOLLIVER: A bill (H. R. 8066) for the preservation nications were taken from the Speaker's table and referred as of prehistoric monuments, ruins, and objects, and to prevent their '" follows: counterfeiting-to the Committee on the Public Lands. A letter from the Secretary of the Treasury, transmitting a By Mr. CRUMPACKER: A bill (H. R. 8067) to incorporate the copy of a communication from the Secretary of the Interior sub­ National Society United States Daughters Eighteen Hundred and mitting an estimate of appropriation for establishing an Indian Twelve-to the Committee on the District of Columbia. agency at Leech Lake, Minn.-to the Committee on Indian Affairs, By Mr. WILSON of Arizona: A bill (H. R. 8068) authorizing and ordered to be printed. the board of supervisors of Pima County, Arizona Territory, to A letter from the ~ecretary of the Treasury, transmitting a issue fifty-year 5 per cent bonds of Pima County, Arizona Terri­ copy of a communication from the Attorney-General submitting tory, to redeem certain funded indebtedness of said county-to an estimate of appropriation for certain judicial salaries, and a the Committee on the Territories. request in relation to an appropriation for penitentiary at Fort By Mr. BABCOCK: A bill (H. R. 8069) to amend an act ap­ Leavenworth-to the Committee on Appropriations, and ordered proved July 22, 1892, entitled "An act to provide for the opening to be printed. of alleys in the District of Columbia"-to the Committee on the A letter from the Secretary of the Treasury, transmitting a let­ District of Columbia. · ter from the Secretary of the Interior submitting an estimate of By Mr. JOY (by request): A bill (H. R. 8070) to require em­ appropriation for classification of mineral lands in Montana and ployees of the United States and District governments in the Dis­ Idaho-to the Committee on Appropriations, and ordered to be trict of Columbia to pay certain judgment debts or be dismissed printed. from servict:1-to the Committee on R eform in the Civil Service. A letter from the Secretary of War, transmitting, with a letter By Mr. RICHARDSON: A bill (H. R. 8071) providing that calls from the Chief of EI:igineers, report of survey and estimate of cost made by the Court of Claims under the provision of section 1076 of improving harbor of New London, Conn.-to the Committee of the Revised Statutes shall be complied with in ten days-to the on Rivers :md Harbors, and ordered to be printed. Committee on the Judiciary. A letter from the Secretary of War, transmitting, with a letter By Mr. RAY of New York: A bill (H. R.8072) for the prepara­ from the Chief of Engineers, report of examination and survey of tion of a site and erection of a pedestal for statue of late Maj. Gen. Arthur Kill, or Staten Island Sound, New York and NewJersey­ George B. :McClellan-to the Committee on the Library. to the Committee on Rivers and Harbors, and ordered to be printed. By .Mr. KERR: A bill (H. R. 8073) to provide for lessening the A let ter from the Secretary of War, transmitting an abstract of number of appeals in applications for patents-to the Committee the militia force of the United States-to the Committee on the on Patents. Militia, and ordered to be printed. By Mr. SMALL: A bill (H. R. 8123) authorizing and directing the Secretary of War to make a preliminary examination and sur­ REPORTS OF COMMITTEES ON PUBLIC BILLS AND vey of Pasquotank River, North Carolina, at a point known as .RESOLUTIONS. South Mills, through the said river and cut to Albemarle Sound, Under clause 2 of Rule XIII, bills and resolutions of the follow­ through Albemarle Sound to Croatan Sound, through Croatan ing titles were severally reported from committees, delivered to the Sound to Pamlico Sound, through Pamlico Sound to Core Sound, Clerk, and referred to the several Calendars therein named, ae through Core Sound to Beaufort Inlet, including a survey of said follows: inlet, with the cost of establishing permanently a draft of water of Mr. LYBRAND, from the Committee on the Merchant Marine not less than 18 feet over said Beaufort Inlet Bar at low water-to and Fisheries, to which was referred the bill of the Honse (H. R. the Committee on Rivers and Harbors. -- 1530 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 5,

By Mr. SCUDDER: A joint resolution (H. J. Res. 158) direct­ assistant snrgeon, United States Army, to the rolls of the Army, ing the Secretary of War .to submit plans and estimates for the and providing that he be placed on the list of retirea officers-to construction of a breakwater at Luces Landing, Northville, Suf­ the Committee on Military Affairs. folk County, N. Y.-totbe Committee on Rive1·s and Harbors. By Mr. PACKER of Pennsylvania: A bill (H. R. 8095) to cor­ By Mr. RICHARDSON: A joint resolution (H.J. Res. 159) to rect the military record of William M. Sibel, alias William Siple­ amend joint resolution to furnish ~e daily Congressional Record to the Committee on Military Affairs. to members of the press, and so forth, approved February 17, By Mr. RIXEY (by reqnest): A bill (H. R. 8096) for the relief 1897-to the Committee on Printing. of Thomas Sherman, of (Jnlpeper County, Va.-to the Committee By !\Ir. BROWNLOW: A joint resolution (H.J. Res.160) pro­ on War Claims. · · viding for the publication of 200,000 copies of the Special Report Also, a bill (H. R. 8097) to carry out the findings of the Court on the Diseases of Sheep-to the Committee on Printing. of Claims in the case of Samuel ,V. Hough, administrator of :ey Mr. HENRY C. SMITH: A resolution (H. Res.127) requir­ William N. Hough, deceased-to the Committee on \Var Claims. . ing the Commissioner of Pensions to make special report-to the Also, a bill (H. R. 8098) to carry out the findings of the Court Committee on Invalid Pensions. of Claims in the case of Duncan James-to the Committee on War By Mr. POWERS: A resolution (H. Res. 128) providing an Claims. amendment to the rules-to the Committee on Rules. By Mr. RANSDELL: A bill (H. R. 8099) for the relief of Stephen By Mr. RICHARDSON: A resolution (H. Res. 129) of inquiry D. Clark and the estate of Emma C. Lovelace, deceased-to the relating to certain contracts in the Navy Department-to the Com­ Committee on War Claims. mittee on Naval Affairs. By Mr. RAY of New York: A bill (H. R. 8100) granting an in­ By Mr. LOUDENSLAGE.R: A resolution (H. Res. 132) provid­ crease of pension to Julia A. Cook-to the Committee on Invalid ing for an annual clerk for the Committee on Pensions-to the Pensions. Committee on Accounts. By Mr. RICHARDSON: A bill (H. R. 8101) for the relief of the estate of Cyrus Martin, deceased, late of Washington, D. C.-to the Committee on War Claims. PRIVATE BILLS AND RESOL'OTIONS INTRODUCED. By Mr. SPRAGUE: A bill (H. R. 8102) fo.r t.he relief of Edward Under clause 1 of Rule XX.II, private bills and resolutions of Everett Hayden, United States Navy-to theComilittee on Naval the following titles were introduced and severally referred as Affairs. follows: By Mr. SLA¥'DEN: A bill (H. R. 8103) for the relief of Au­ By Mr. ALLEN of Kentucky: A bill (H. R. 8074) for the relief gusta De Ahna-to the Committee on Claims. of Wormley E. Wrae, Hawesville, Hancock County, Ky.-to the By Mr. SULLOWAY: A bill (H. R. 8104) granti.ngtothegrand­ Committee on Military Affairs. son, heir and representative, of Maj. John Burnham a sum of By Mr. BARHAM: A bill (H. R. 8075) removing the charge of money equal to the amonn t of pension withheld from him between desertion from the record of Samuel Watson-to the Committee March 4, 1820, and February 7, 1828-to the Committee on Pensions. on Military Affairs. By Mr. SHOWALTER: A bill (H. R. 8105) for the relief of A. Also, a bill (H. R. 8076) for the relief of W. S. Curless, of Cali­ G. White, postmaster at Beaver, Pa.-to the Committee on Claims. fornia-to the Committee on Claims. By Mr. HENRY C. SMITH: A bill (H. R. 8106) granting a Also, a bill (H. R. 8077) removing the charge of desertion from pension to Olivia Donathy-to the Committee on Invalid Pensions. the record of John Hill-to tthe Committee on Military Affairs. Also, a bill (H. R. 8107) granting a pension to Nancy W. Had­ By·Mr. BURKETT: A bill (H. R. 8078) granting a pension to ley-to the Committee on Invalid Pensions. G. W. Fairbrother-to the Committee on Invalid Pensions. Also, a bill (H. R. 8108) for the relief of Philip Miller-to the By :Mr. BURLEIGH: A bill (H. R. 801'9) granting a pension to Committee on Military Affairs. Bertha.M. Jordan-to the Committee on Invalid Pensions. Also, a bill (H. R. 8109) for the relief of Anthony Remley-to By Mr. CANNON: A bill (H. R. 8080) granting a pension to the Committee on Military Affairs. Mrs. Eley Bennett-to the Committee on Invalid Pensions. Also, a bill (H. R. 8110) granting relief to Milo Osterhout--to By Mr. EDDY: A bill (H. R. 8081) granting a pension to Caro­ the Committee on Military Affairs. line Oliver, widow of EdwardE. Oliver, private, Company A, Cap­ By Mr. SMITH of Kentucky (by reqn,_est): A bill (H. R. 8111) tain Parker's Iowa Dragoons Volunteers, Mexican war-to the for the relief of Caroline Commandun, widow of Eugene Com­ Committee on Pensions. mandun, adjutant of the Twenty-third Regiment Indiana Volun­ By Mr. FITZGERALD of New York (byreqnest): A bill (H. R. teer Infantry-to the Committee on Invalid Pensions. 8082) to pay John Pope Hodnett for services rendered as counsel By Mr. SCUDDER: A bill (H. R. 8112) granting a pension to to the Government in the investigation into affairs of the District John Vogler-to the Committee on Invalid Pensions. of Columbia, acting as such counsel by order of a resolution of By Mr. SHERMAN: A bill (H. R. 8113) for the relief of Reck­ the House of Representatives; also for acting as counsel for the nagel & Co.-to the Committee on Claims. workingmen of the District of Columbia for fifteen years last past­ By Mr. UNDERHILL: A bill (H. R. 8114) granting a pension to th9 Committee on C£ims. to Annie E. Bell and Florence M. Bell-to the Committee on In- :Ey Mr. GARDNER of Michigan: A bill (H. R. 8083) granting valid Pensions. · an increase of pension to James Winnie-to the Committee on In­ By Mr. WATERS: A bill (H. R. 8115) to remove the charge of valid Pensions. desertion from the military record of Robert Fairman-to the By Mr. GRIFFITH: A bill (H. R. 8084) removing the charges Committee on Military Affairs. · of desertion from the military record of Myron H. McMullen-to By Mr. WILLIAMS of MissiEsippi: A bill (H. R. 8116) to carry the Committee on Military Affairs. - out the findings of the Court of Claims in the case of J. B. McAl­ Al o, a bill (H. R. 8085) restoring to the pension roll Alexander pi_n, administrator of John Willis, deceased-to the Committee on D. Harper, alias John Harden-to the Committee on Invalid War Claims. .. Pensions. By Mr. DOVENER: A bill (H. R. 8117) to grant Amelia Hutch­ By Mr. GIBSON: A bill (H. R. 8086) for the relief of the First inson an increase of pension-to the Committee on Pensions. Presbyterian Church, of Knoxville, Tenn.-to the Committee on By Mr. McALEER: A bill (H. R. 8118) to remove the charge War Claims. of desertion now standing against George Brownlay, or Brownlee, By Mr. HENRY of Mississippi: A bill (H. R. 8087) for the relief late of Company A, Sixty-ninth New York Infantry Volunteers, of the estate of Richard Harding, deceased, late of Claiborne and grant him an honorable discharge-to the Committee on Mili­ County, Miss.-to the Committee on War Claims. tary A.ffairs. By Mr. KAHN: A bill (H. R. 8088) for the relief of the le~al By Mr. ROBERTS: A bill (H. R. 8119) granting a. pension to representatives of :Margaret A. Russell, deceased-to the Commit­ Michael Murphy-to the Committee on Invalid Pensions. tee on War Claims. By Mr. SULLOWAY: A bill (H. R. 8120) g1·antingan increase By Mr. LONG: A bill (H. R. 8089) granting a pension to Cath­ of pension to David L. Wentworth-to the Committee on Invalid erine Pixley-to the Committee on Invalid Pensions. Pensions. Also, a bill (H. R. 8090) granting a pension to the minor heirs Also, a bill (H. R. 8121) granting a pension' to Sarah Kate of Patrick McGee-to the Committee on Invalid Pensions. Tibbs-to the Committee on Invalid Pensions. By Mr. LENTZ: A bill (H. R. 8091) granting a pension to Ben­ By Mr. WM. ALDEN SMITH: A bill {H. R. 8122) for the relief jamin E. Styles-t-0 the Committee on Invalid Pensions. of Frank B. Crosthwaite-to the Committee on Claims. Also, a. bill (H. R. 8092) to increase pension of Silas Barnett­ to the Committee on Invalid Pensions. PETIT IONS, ETC. By Mr. LINNEY: A bill (H. R. 8093) for the relief of D. Frone­ Under clause 1 of Rule XXII, the followin_go petitions and papers berger, s"Q.rviving partner of the firm of D. Froneberger & Co., were laid on the Clerk's desk and referred a8 follows:· late of Cleveland County, N. C.-to the Committee on War By Mr. ADAMS: Resolutions of the National Board of Trade of Claims. Philadelphia, Pa., favoring the passage of House bill No. 887, for . By Mr. McCLELLAN: A bill (H. R. 8094) authorizing the the promotion of exhibits in the Philadelphia museums-to the restoration of the name of Nathan S. Jarvis, late captain and Committee on Interstate and Foreign Commerce. 1900. CONGRESSIONAL RECORD-HOUSE. 1531

Also, resolution of the National Board of Trade of Philadelphia, in favor of an amendment to the interstate-commerce law-to the Pa., in favor of the laying of competing cable lines to Cuba-to Committee on Interstate and Foreign Commerce. the Committee on Insular Affairs. Also, resolution of Local Union No.172, of Foster, Iowa, United By Mr. ALLEN of Kentucky: Papers to accompany House bill Mine Workers -of Amenca, favoring trial by jury in injunction to correct the military record of W. E. Wroe-to the Committee contempt cases-to the-Committee on the Judiciary. on Military Affairs. By Mr. LANE: Remonstrance of J . Lohmann and others, of By Mr. BOUTELLE of Maine: Resolution of the Board of Trade Wheatland; Iowa, against the parcels·J>ost bill-to the Committee of Portland, Me., askfog for an appropriation for the erection of on the Post-Office and Pos~Roads ; · a United States court builn ~n-yalid Pensio:is. By Mr. BRANTLEY: Resolutions of the mayors and councils By. Mr. LONG: ;petition of 1.Saac N~ · H~y~,~an, for I?ens1on of Lumber City and Waycross, Ga., indorsing the work of C. P. to mmors of Patnck McGee-to the Comuuttee·on Invalid Pen- Goodyear on the outer bar of Brunswick, Ga., and urging such sions. . ·"t":t ~ - ., ~ ~·. legislation as will enable him to continue the work-to the Com­ By Mr. MANN: Letter of MaJ. R.H. Ferguson,''of.Phroago;Ill., mittee on Rivers and Harbors. urging the construction of the Nicaragua Canal-to the ·Goinm~ By Mr. BURKETT: Resolutions of the National Board of tee on Interstate and Foreign Commerce. "' - ; Trade, of Philadelphia, Pa., in favor of the laying of competing . Also, petition of Henry S. Robbins and other members of the cable lines to Cuba-to the Committee on Insular Affairs. bar of the Supreme Court of the United States, asking for better By Mr. CANNON: Papers to accompany House bill granting a quarters for the law library of Congress-to the Committee on the pension to Mrs. Eley Bennett-to the Committee on Invalid Pen­ Library. sions. By Mr. MERCER: Remonstrance of citizens of Blair, Nebr., Also, petition of W. B. Koon and other citizens of Onarga, ill., against the parcels-post bill-to the Committee on the Post-Office protesting against certain postal legislation-to the Committee on and Post-Office. the Post-Office and Post-Roads. By Mr. NEVILLE: Evidence and papers to accompany House By Mr. CHICKERING: Petition of underwriters of Oswego, bill No. 6523, granting a pension to Joseph W. Skelton-to the N. Y., favoring amendment to the revenue law in regard to affixing Committee on Invalid Pensions. stamps on insurance policies-to the Committee on Ways and Bv Mr. OTJEN: Resolution of the common council of the city Means. of Milwaukee, Wis., in favor of the naval training school-to the By Mr. COONEY: Resolutions adopted by the employees in the Committee on Naval Affairs. Bureau of Animal Industry stationed at Louisville, Ky., and Kan­ By l\Ir. PAYNE: Petition of Austin Thomas and others, of sas City, Mo., for provision to grant them the usual leave of ab­ South McAlester,Ind. T.,forfreetransportation to citizens of Afri­ sence with pay-to the Committee on Agriculture. can blood who desire to locate in Liberia, Africa, or in the Phil­ By Mr. COWHERD: Resolution of the common council of Kan­ ippine Islands, with suitable homestead provision-to the Com­ sas City, Mo., favoring the passage of House bill No. 4351, for the mittee on Insular Affairs. reclassification of postal clerks-to the ~mmittee on the Post­ By Mr. POWERS: Petition of Ohio Wool Growers' Association, Office and Post-Roads. Columbus, Ohio, against the ratification of the treaty with the Also, petition of the Kansas City branch of the National Asso­ Argentine Republic-to the Committee on Foreign Affairs. ciation of Railway Postal Clerks, favoring a bill providing for the Also, petition of Good Templars of Vermont, praying for more reclassification of the Railway Mail Service-to the Committee on stringent legislation against the sale of liquors in the Army can­ the Post-Office and Post-Roads. teens-to the Committee on Alcoholic Liquor Traffic. By Mr. CUSACK: Petition of Henry F. Boynton and other cit­ Also, papers to accompany House bill No. 5938, granting a pen­ izens of the Fourth Congressional district of Illinois, asking for sion to Mary :U. Strong-to the Committee on Invalid Pensions. the passage of House bill No. 4351-to the Committee on the Post­ By :Mr. RAY of New York: Papers to accompany House bill to Offi.ce and Pm~t-Roads. increase the pension of Julia A. Cook-to the Committee on In­ 1 By Mr. DALZELL: Memorial of the Appalachian National valid Pensions. Park Msociation, asking for legislation for examination and sur­ By Mr. RIXEY (by request): Petition of Agnes B. Hoffman, to veys to determine the best location for a proposed national park accompany House bill granting her a pension of 512 per month in the southern Appalachian region-to the Committee on Public from January 1, 1898-to the Committee on Invalid Pensions. Buildings and Grounds. By Mr. RUCKER: Petition of 78 citizens of Oklahoma Terri­ Also, resolutions of the National Board of Trade of Philadelphia, tory, praying for the passage of a free-home bill-to the Commit- Pa., favoring a competing submarine cable line between Cuba and tee on the Public Lands. · the United States-to the Committee on Insular Affairs. By Mr. RUSSELL: Resolutions of secretaries and officers of By Mr. EDDY: Resolutions adopted by the Minneapolis (Minn.) Connecticut associations of civil~war veterans, favoring service Board of Trade, in favor of a more efficient harbor between the pension-to the Committee on Invalid Pensions. South Pass of the Mississippi and the Gulf of Mexico-to the Com~ By Mr. SHACKLEFORD: Petitions of the publishers of the mittee on Rivers and Harbors. Rawlins (Wyo.) Herald; Kewanee Star-Courier; Trion Factory Also, resolutions adopted by the Minneapolis (Minn.) Chamber Herald, Georgia; Harlem Reporter, New York; Howard Demo­ of Commerce and John A. Logan Regiment, No. 2, Union Veter­ crat, South Dakota; The State, Columbia, 8. C.; Union Scout, ans' Union, of St. Paul, Minn., protesting against the passage of Dalles Times-Mountaineer, Oregon; Easton Star-Democrat, Mary­ House bill No. 3988-to the Committee on Agriculture. land; Wyndham Journal, Catskill Recorder, Warsaw Times, By Mr. GAMBLE: Paper to accompany House bill No. 7074, Nyack City and Country, Rome Sentinel, New Rochelle Press, for the relief of Michael Ackerman-to the Committee on Invalid CooperstownJournal, Canandaigua Repository-Messenger, Cobles­ Pensions. kill Index, Geneseo Democrat, Watkins Democrat, Carthage By Mr. GLYNN: Paper to accompany House bill No. 6795, for Tribune,- Rochester Herald, Callicoon Democrat, White Plains the relief of Daniel Leary-to the Committee on Claims. State Journal, in the State of New York; also the Raleigh News By Mr. GREEN of Pennsylvania: Statement of the Mellert and Observer, Washington Progress, Newbern Journal, Lenoir Foundry and Machine Company, of Reading, Pa., to accompany Topic, Kinston Free Press, Hendersonville Hustler, Greenville House bill No. 44l3, in relation to a Government contract-to Weekly, Gol!lsboro Headlight, Concord Times, Winston Sentinel, the Committee on Claims. Asheville Citizen, Oxford Public Ledger, in the State of North By Mr. GREENE of Massachusetts: Petition of Thomas W. Carolina; also Edwardsville Standard-News, Hnntsville:M:ercury. Cook and others, of New Bedford, Mass., in favor of House bill Mobile News, Clanton Banner, Oneonta News-Dispatch, Florence No. 4742, for military instruction in the public schools-to the Herald, Ashland Advocate, Montgomery Advertiser, Gurley Committee on Military Affairs. Herald, Tuskegee News, in the State of Alabama; Hudson Gazette, By 1\fr. GRO"uT: Petition of Rev. J. H. Reid and 19 other citi­ Jackson Star, Howell Democrat, Holland Times, Reed City Demo­ zens of Bellows Falls, Vt., for the passage of House bill No. 1144, crat, Hillsdale Democrat, Jackson Patriot, Grand Rapids Demo­ relating to the prevention of cruelty to animals in the District of crat, Hastings Journal, Big Rapids Herald and Bulletin, Grand Columbia-to the Committee on the District of Columbia. Ra:pids Chronicle, Mount Clemens Press, Charlotte Leader, By Mr. HOPKINS: Resolutions of the Cigar Makers' Interna­ Charlevoix Courier, Newago Democrat, Owosso Reporter, Three tional Union of America, Local Union No. 71, Elgin, Ill., in rela­ Rivers Tribune, Pontiac Gazette, Hastings Herald, in the State tion to the reclamation and settlement of public land-to the Com­ of Michigan; also Lawrenceville (Pa.) Herald; also Magnolia. mittee on the Public Lands. Banner, Corning Courier, Fort Smith Elevator, Pine Bluff By Mr. KLUTTZ: Memorial of the Appalachian National Park Graphic, Batesville Bee, Pine Bluff Eagle, Bentonville Sun, Ozark Association, in favor of legislation for examination and surveys to Democrat, Conway Democrat, Waldron Reporter, in the State of determine the best location for a proposed national park in the Arkansas; also New London Record, Perry Enterprise, Sedalia southern Appalachian region-to the Committee on Public Build­ Sentinel, Clinton Tribune, Marceline Mirror, Gallatin Democrat, ings and Grounds. Columbia Statesman, Alton Missionary, Cassville Democrat, By Mr. LACEY: Resolution of the millers of the State of Iowa, Nevada Post, Springfield Leader-Democrat, Warrensburg Star, 1532 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6, Canton Press, Ava Farm Record, Keytesville Signal, Houston I There being no objection, the memorial was referred to the Com­ Herald, Waynesville Democrat, Carrollton Democrat, Carthage mittee on Foreign Relations, and ordered to ba printed in the Democrat, Sturgeon Leader, Shelbyville Herald, Fulton Sun, RECORD, as follows: Monroe City Democrat, Kirksville Democrat, Shelbina Democrat, STATE CAPITOL, Sacramento, Cal., February 5, 1900. Troy Free Press, Clayton Argus, Marshall Democrat-News, Ex- Hon. GEORGE c. PERKINS, celsior Springs Standard, Joplin Globe, in the State of Missouri, United States Senate Chamber, Washington, D. a. for the repeal of the tariff on printing paper-to the Committee In accordance with the instructions sent forth in the accompanying joint resolution, I herewith transmit same and certify to its correctness: on Wava and Means. Senate joint resolution No. 5, introduced by Senator Jones February 3J 1900. By Mr. SHOWALTER: Paper to accompany House bill for the Read and adopted February 5,1900. Senate joint resolution No. 5. re1ative relief of A. G. White-to the Committee on Claims. to a so-ca.lied reciprocity treaty between this country and the British West By Mr. SPRAGUE: Petition of James T. Donovan and other India Islands, known a.s the Jamaica treaty. ·n the post-office at Milford, Mass., m· favor of the passage Whereas there is now pending in the Senate of the United States, for rati- Clerks l fication, a so-called reciprocity treaty between this country and the British of House bill No. 4351-to the Committee on the Post-Office and West India Islands, known as the Jamaica treaty; and Post-Roads. Whereas the proposed reduction of duties upon the importations from By Mr. STEVENS of Minnesota: Resolutions of the St. Paul theseStates islandsapply only that to come sugar-cane into competition products, citrus with fruits,the products and fresh of vthegee Utanitedbles, Chamber of Commerce, in favor of establishing a Government which are only produced in competing quantities by the States of Florida, route to the Philippines via Puget Sound-to the Committee on Louisiana, and California: and 11"il't Aff · Whereas the articles of export enumerated in said proposed treaty upon .1.u I ary airs. which a reduction of duty is obtained are neither produced nor exported Also, resolutions of John A. Logan Regiment, No. 2, Union Vet- from cities of the said States of Florida, Louisiana., or California, thereby en­ erans' Union, of St. Paul, Minn., in opposition to House bill No. tailing great loss to them without any corresponding benefits; and · tm t · th W th B t th Whereas the citrus products of this State, amounting to over 5,000,000 3988 , reI a ti ng t o appo1n en S In e ea er ureau- O e boxes, which will be doubled within the next decade, is handicap ped by a Committee on Agriculture. freight rate to the principal centers of population and trade of 9U cents pel" Also, resolution of the St. Paul Chamber of Commerce, against box, which exceeds by 15 cents per box the combined freight rate and the · · f th p H hi b "d bill t th C •t proposed import duty from the British West Indies: and provisions 0 e ayne- anna s p-su Sl y - 0 e ommr - Whereasthecitrusproductsoftheseislandscomedirectlyintocompetition tee on the Merchant Marine and Fisheries. with the holiday trade, which is known to be the best of the entire year; and Whereas the entire imports of the island of Jamaica have never exceeded $8,000,000 dollars per annum, a large proportion of which is imported from England owing to a preferential tariff rate; and SENATE. Whereas, at the request of this body and the petition of the citrus fruit­ growers of this State, the Fifty-fifth Congress fixed a tariff duty upon that product, placing it on an equality with the foreign production in respect to TUESDAY, February 6, 1900. the freight rate only; and Whereas the American producer is entitled to and ought by right to enjoy Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. the benefit of his home market when fully able to supply the demand: There­ The Secretary proceeded to read the Journal of yesterday's pro­ fore, ceedings, when, on motion of Mr. ALLEN, and by unanimous con­ Resolved by the senate of the State of California, the assembly jointly, That it deprecates the attempt to disturb the present existin~ conditions of the sent, the further reading was dispensed with. tariff upon sugar, citrus fruits, and fresh vegetables; that it is an unequal and The PRESIDENT pro tempore. The Journal, without objection, unjust hardship to sacrifice the interests of a few for the benefit of a very will stand approved. large majority; that the supposed benefits accruing to this country in its added proportion of the 38,000,000 of trade with Jamaica will not compensate it IBRIGA.TION ON THE GILA. RIVER, ARIZONA.. for the loss inflicted upon one item alone of California pr0duction; that the California producer is entitled to a protective duty as against foreign com­ The PRESIDENT pro tempore laid before the Senate a com­ petition at least equal to the difference in their several freight rates, and that munication from the Secretary of the Interior, transmitting, the American producer should be maintained in his demand for the market in response to a resolution of the 29th ultimo, a letter from the of his own country; and be it Further resolved, That our Senators be instructed to vote against the rati­ Director of the Geological Survey inclosing a repor·t on the gen­ fication of said treaty, and that our Representatives in Con$l"ess be requested eral conditions and cost of water storage for irrigation on the Gila to use their influence and best efforts to accomplish its dereat. River, Arizona, for the benefit of the Indians occupying the Gila Resolved, That a copy of these resolutions be telegraphed to the Hon. River Reservation; which, with the accompanying papers, was GEORGE C. PERKINS by the secretary of senate, and that a. copy be trans­ mitted by mail to each of our Representatives in Washington. referred to the Committee on the Geological Survey, and ordered F. J. BRANDON, to be pr'inted. Secretar'lj of Senate. THE FINANCIAL BILL, Mr. ROSS presented the petition of Selim Newell and sundry Mr. BATE. Mr. President, I shall ask permission to address the other railway mail clerks of St. Johnsbury, Vt.• praying for the 5enate to-morrow at 2 o'clock upon the unfinished business, the enactment of legislation to provide for the classification of clerks financial bill. · in first and second class post-offices; which was referred to the MESSA.GE FROM THE HOUSE, Committee on Post-Offices and Post-Roads. A message from the House of Representatives, by Mr. W. J. ::M.r. LODGE presented sundry petitions of railway mail clerks BROWNING, its Chief Cle:rk, announced thatthe Honse hadpassed of Newton Centre and North Attleboro, in the State of Massachu­ the bill (8. 2727) authorizing payment of commutation of rations setts, praying for the enactment of legi.slation to provide for the to the petty officers of the Navy who served on detached duty be­ classification of clerks in first and second class post-offices; which tween March 1, 1898, and November 4, 1899. were referred to the Committee on Post-Offices and Post-Roads. The message also announced that the House had passed a bill He also presented a petition of sundry citizens of Leominster, Mass., praying for the establishment of an Army veterinary (H. R. 6493) for the relief of John Anderson, a Pottawatomie In­ corps; which was referred to the Committee on Military Affairs. dian, and his adult children; in which it requested the concur­ Mr. ALLEN presented a petition of sundry railway clerks of rence of the Senate. Beatrice, Nebr., praying for the enactment of legislation to pro­ PETITIONS A.ND MEMORIALS. vide for the classification of clerks in.first and second class post­ Mr. PLATT of New York presented a petition of the New York offices; which was referred to the Committee on Post-Offices· and Railroad Club, praying that the International Railway Congress Post-Roads. of 1904 be held in the United States; which was referred to the He also presented the petition of Dr. R. S. Grimes and sundry Committee on Foreign Relations. other citizens of Nebraska, praying for the establishment of an He also presented a petition of the Cigar Makers' Union of One­ Army veterinary corps; which was referred to the ComCTit tee on onta, N. Y., praying that all the remaining public lands of the Military Affairs. United States should be sacredly held for the benefit of the whole Mr. HOAR presented the petition of William H. Dodge, D. V. S., people and thatno grants to the title of these lands should ever and 102 other citizens of Leominster, .l\Iass., praying for the estab­ be made to any but actual settlers; which was referred to the lishment of an Army veterinary corps; which was referred to the Committee on Public Lands. Committee on Military Affairs. He also presented a petition of sundry citizens of Holley, N. Y., He also presented a petition of sundry railway mail clerks of and a petition of sundry citizens of Rhinebeck, N. Y., praying South Framingham, Mass., and a petition of sundry railway mail for the establishment of an Army veterinary corps; which were clerks of Lowell, Mass., praying for the enactment of legislation referred to the Committee on Military Affairs. to provide for the classification of clerks in first and second class He also presented the petition of Edmund Wetmore and sundry post-offices; which were referred to the Committee on Post-Offices other lawyers of New York City, praying that better facilities be and Post-Roads. provided for the law library of Congress; which was referred to He also presented a petition of sundry letter carriers of Lowell, the Committee on the Judiciary. Mass., praying for the passage of House bill No. 1051, to regulate Mr. PERKINS. I present a memorial of the legislature of Cali­ the pay of substitute letter carriers; which was referred to the fornia, remonstrating against the ratification of the so-called Committ.ee on Post-Offices and Post-Roads. reciprocity treaty between this country and the British West India Mr. DA.NIEL presented a petition of the Business Men's Asso­ Islands, known as the Jamaica treaty. I ask that the memorial be ciation of Newport News, Va., praying that an appropriation be printed in the RECORD and referred to the Committee on Foreign made to continue the work of the Philadelphia Commercial Mu­ Relation;:,. seum; which was referred to the Committee on Commerce.