1882. CONGRESSIONAL RECORD-SENATE. 2509
zens of Maryland, .for the establishment of a light-house at Drum· Mr. HAMPTON presented a memorial of the city council of Charles Point Harbor, Calvert County, Maryland-to the Committee on Com ton, South Carolina., in favor of an appropriation for the completion merce. of the jetties in the harbor at that place; which was referred to the By Mr. .CRAPO: The petition of Franklin Crocker, forTelief-to Committee on Commerce. the Committee on Claims. He also presented a petition of inmates of the Soldiers' Home, of By Mr. DE MOTTE: The petition ofJolmE. Hopkinsand91 others, Washington, District of Columbia, ex-soldiers of the Mexican and citizens of Indiana, for legislation to regulate railway transporta Indian wars, praying for an amendment of section 48~0 of the Revised tion-to the Committee on Commerce. Statutes, so a-s to grant them an increase of pension; which was By :Mr. DEUSTER: Memorial of the Legislature of Wisconsin, . referred to the Committee on Military Affairs. asking the Government for a. cession of certain lands to be used for Mr. ROLLINS presented the petition of ex-Governor James .A. park }Jurposes-to the Committee on the Public Lands. Weston, Thomas J. Morgan, G. B. Chandler, Nathan Parker, and · Also, the petition of E . .Asherman & Co. and others, against the other citizens of Manchester, New Hampshire, praying for the pas pas a~e of the "free-leaf-tobacco" bill-to the Committee on Ways sage of the Lowell bill, establishing a uniform bankrupt law through and 1\ieans. out the United States; which was ordered to lie on the table. By Mr. HENRY S. HARRIS : Memo1·ial of the German Society of Mr. BROWN presented a petition of citizens of Georgia, North New York City, for legislation for the protection of arriving immi Carolina, and South Carolina, praying a modification of the Hawaiian grants-to the same committee. treaty so that rice raised in the Hawaiian Islands shall pay the same By 1\Ir. HOUSE : Papers relating to the claim of R. M. Richards, tariff duty as is paid by rice from other countries; which was re of Davidson County, Tennessee-to the Committee on War Claims. ferred to the Committee on :Finance. By Mr. J. K. JONES: Papers relating to the claim of William B. He also presented a petition of citizens of .Augusta, Georgia., pray 11orden-to the same committee. ing an appropriation for the improvement of Savannah River, both By Mr. LEEDOM: The petition ofH. C. Barnes and 66 others, citi above and below .Augusta ; which was referred to the Committee on zens of Pike County, Ohio, for the repeal of the law imposing a ta.x on Commerce. bank deposits, banks, &c.-to the Committee on Ways and Means. He also presented a petition of citizens of Albany, Georgia, pray By Mr. M.ANNING: Papers relating to the claim of Collen Becker ing an appropriation for the improvement of the harbor of Savannah; Cite and of William Rankine-severally to the same committee. which was referred to the Committee on Commerce. By Mr. MOORE : Papers relating to the claim of John M. Bowman, Mr. GROOME presented the petition of Hon. J. D. Clark, of Mary of .Austin Beatty, and of Rosa Bloom-severally to the same com land, in favor of an appropriation for deepening Dividing Creek, ill mittee. Talbot County, Maryland; which was referred to the Committee on By Mr. MORSE: The petition of Rebecca Stone and others, pray Commerce. • in~ for the passage of the French spoliation clai}:Bs bill-'-to the Com Mr. COKE presented the memorial of the Houston (Texas) Cotton nuttee on Foreian Affairs . Exchange and Board of Trade, in favor of declaring the city of Ry Mr. l\IULJ5ROW: Memorial of Captain C. L. Lincoln and oth Houston a. port of entry; which was referred to the Committee on • ers, for an amendment of the United States militia la.wa-to the Com Commerce, and ordered to be printed in the REcoRD, as follows : mittee on the Militia. To tJt,e lumorable tM &nate and House of Rqresentati11u By Mr. PAYSON: The petition of citizens of Iroquois County, of the United Statu of .America in Oongrus a88embled: Illinois, calling for an investig-ation into the conduct of General S. The memorial of the Houston Cotton Exchange and Board of Trade, of'the city D. Sturgis at Gnntown, Mis&ssippi~to the Committee on Military of Hons~n, Texas, praying that the city of Ho~n be decla.red a port of entry Affairs. of the Uruted States, respectfully represent~ · By Mr. WILLI.AM E. ROBINSON: Papers relating to the appli The city of Houston is a port of delivery of the United. States~,. ~itua.ted at the head of tide-water on Bnffafo Bayou, fifty miles from the Gulfof ..Mexico. -cation of Sergeant Charles L. Denman, for reappointment to the The popula.tion of the city of Honston is estimated. to be 20,000. The following .Army-to the same committee. statistics are given for the year ending September 30, 1881: .Alsq, papers relating to the proposed purchase of copies of Hunter's Taxable we:llth ...... $7,028,000 00 work entitled Port Charges of the World-severally to the Com Capital invested in public works (gas a.nd water).-·...... 275,000 00 mittee on Foreign Affairs. Capital invested in ma.nufaeto.res.-...... ··-···-..-- .. ·····--· .. 1,500,·000 00 By Mr. RY.AN: The petition of citize:Q.s of Reno County, Kansas, Capital invested in shipping. • .. • • . • . . • . . . • • . . . . • • • . . . . . • . . . . • . • . . • . 350, 000 00 Capital invested in banks ..... _ ..---·········---· ··---·-...... 700,000 00 for a. bill to establish a. board of commissioners of interstate com Capital invested in cotton compresses (4)...... ••••••.•.. .•.• •• • 335,000 00 merce-to the Committee on Commerce. Estimated sales of merchandise, manufactured articles, and lUJ?ber. 15, 000, 000 00 By Mr. SCRANTON: The resolutions adopted by tlle Saint Mary's Catholic Total Abstinence Society of Providence, Pennsylvania., con- Postal revenue and bu.rineu for tM year ending J uM 30, 1881. • earning the 'imprisonment of .American citizens in British prisons Grose revenue ...... --...... $35,259 80 Deposits by postmasters and ex-postmasters .••...••.•.•...•..••..•. 187,373 42 to the Conimittoo on Foreign Affairs. Disbursements, same account...... 187,372 51 By Mr. P. B. THOMPSON: The petition of Charlotte T. Brown, Reoeipi.a from money.orders a.nd fees ...... 245,128 82 for restoration to the pension-rolls--to the Committee on Invalid Pen Disbursements (ll!oney-orders paid) ...... 293,517 02 sions. Estimated increase of .revenue and deposits for the year ending December 31, By Mr. OSCAR TURNER: The petition of Samuel Shultz, for com 1881, say 10 per cent. pensation for property taken and nsed by the United States .Army Vessels drawing nine feet of water now discharge their cargoes at the railroad wharves, sixm.ilesbelow the city limits. The work of ship-channel improvements, during the late rebellion-to the Coinmittee on War Claims. now nearly completed by the United States engineers, will afford passage for ves· sels of twelve feet draft to the same point. The work of extending twelve-foot navigation from thence to the city of Houston has been commenced under the appropriations made by Congress. SENATE. This will afford to the city of Houston navigation for a.ny vessels now able to' cross the Galveston- outer bar. The present navigation to the city is si1r feet MONDAY, April 3, 1882. the business being done by steamboats, lighters, and light-draft sailing vessels. In addition to her tidal position, Houston is the aekiiowledged rallioad center Prayer by tli.e Chaplain, Rev. J. J. BULLOCK, D. D. of Texas. Nine railroad lines diverge from this point, embracing a mileage of The Journal of the proceedings of Friday last was read and ap 2,296 miles. The extension of. these lines now in progress embrace the construc proved. tion of 1,090 miles additional railway. The comyletion of the Southern Pacific Railway, expected during this year, will EXECUTIVE CO:M:MUNICA'l'IO~. make the c1t:v of Houston the nearest tide-waterpointon that great J:ailway line for The PRESID. ~NT pro ten~porolaid before the Senate a communica the trade of Mexico and the Territory of New Mexico. tion from the Secretary of ·war, transmittin~, in response to a. reso The extraordinary facilities centering at Houston. for the transfer of bonded goods to and from foreign vessels in the Gulf_of Mexico are .referred to as a.n argu· lution of March 15, 1882, a. report from Captarn Amos Stickney, Corp~ ment in favor of declaring Houston a port of entry. The same argnmen.ts mayoe <>f Engineers, relative to Bayous Courtableau, Teche, and Terre adduced in behalf of the bonded trade, coastwise from Atlantic ports. Bonne, Louisiana; which was referred to the Committ~e on Com The freights handled at Houston by the railroads in the year ending August 31, merce, and ordered to be printed. 1881. are estimated at 3,185,138,000 pounds-tons, 1,592,569. Of the above it is estimated that-the following were the products of Texas: PETITIONS A1ID MEMORIALS. Pound-s. The PRESIDENT pro tempore presented the petition of R. B. Will Cotton, 669,190 bales ...... ••..•..... -·...... 334, 595, 000 ia.mson1 ?fWashington, District of Columbia., praying an examina Wool ...... ___ ...... -...... 7,432, 723 tion of nis method ofc>urifying the air in public buildings, churches, Live stock ...... '...... 29,304,100 halls, and other places, and referring to tests of such method made Hides, tallow, &o ...... ••••• ...... 5, 254,241 Grain1 hay, &.c...... 103,664,315 in the Supreme Court, the Treasury Department, and Light-House Lumber (number of feet, 264,859,540) ..•••....•....•••..•.•••..•..••. 1,059, 438, 163 Board; which was referred to the Committee on Public Buildings Sugar and. mola.sses ...... ·-...... _...... • ...... • .. 6, 900, 000 .and Grounds. Mr. MILLER, of California., presented a. memorial of the Chamber HOUBton cotton statement for the year ending .August at. of Commerce of San Diego California, in favor of the establishment For eight months ending February 28-, 1882. Tons Estimated D ti 'd. Name of importer. Artic 1 e. weight. invoice value. u es paa Total ...... 195, 301 The coastwise and foreign trade of the city of Houston is carried on through GalvestOn, Harrisburgh and San Bu1falo Bayou. Steamships and sail lines run to the head of deep-water navigation Antonio Railwa;r...... Steel rails. 9,274 $324,590 00 $259,652 00 at Clinton, which is connected by rail with the entire railway system. Barge lines Texas Central Railw~ Co~any. Iron rails . 3, 300 106,250 00 53,440 00 are engag_ed in the lighterage trade with Galveston Bay and vessels in tb:e road Honston, East and est exas stead off Galveston on ter bar. Railway CompanJ...... •.••. Steel rails. 600 21,000 00 16,800 00 The number of steamships and sail vessels from ports beyond Galveston en Texas and New 0 eans Railway gaged in the trade of Houston, arriving at and clearing from Clinton, were as fol Company ...... Steel rails. 2, 973 104,055 00 82,444 00 lows, for the year ending September 30, 1881: Number of vessels...... 355 Tota: for eight months ...... 16,147 555,895 00 412,336 00 Total tonnage...... 301, 199 The trade via. Clinton is principally with New Orleans, Havana, and Mexican ports. The lumber trade is with Louisiana, .Alabama, Mississippi, and Florida Front March 1, 1882, to June 30, 188"2, imports pu1·chaaed to a1·r·ive. ports. The amonnt of lumber and ties received are estimated at about fifteen mill lOll feet annually. The following data are given respectin~ the trade of the Texas Tons Estimated D · · Transportation Company and steamships with Houston via Clinton : Name of importer. .Article. weight. invoice value. u ties p3.1d. TfKUU Transportation Oompany-Shipmentsjrom Octob~r 1, 1880, to September 30, 1881. Pounds. Bales of cotton, 43,363 ...... 00 ...... 21,533,367 Galveston, Harrisburgh and San Bales hides and skins, 1,825 ...... 1,110, 382 Antonio Railway ...... Steel rails. 1, 743 $61,005 00 $48, 804 O() Bales and sacks wool, 6,241. 00 ...... 1, 392,845 Houston and Ea-st and West Texas 20,000 Railway Company ...... •..... Steel rails. 1, 000 35,000 00 28,000 0() ~C:¥ ~i~~r;,si.~~~:::: ::::::::::::::::::::::::::::::::::::::::::::::: 460,250 Texas Central Railway Company. Iron rails.. 4, 700 125,000 00 78,960 0() Grain ...... 00 ...... 619,495 All other merchandise...... 66, 3~9. 661 Estimated total for four months...... 7, 443 221. 005 00 155, 764 0() Estimated total for year 1882...... 776, 900 00 568, 100 00 Total (tons, 45, 768) ...... 00. 91, 536, 000 ShipmM&tsjor October 1, 1877, to September 30, 1881-/our years. Pounds. In addition to these imports made by Houston importers, alar~e amount of im ports have been made and duties pa1d by importers residing m the interior of Bales cotton, 292,775 ...... 146,206,234 Texas. It is claimed that their interests will be greatly served in the establish Hides...... 6, 544, 664 ment of Houston a-s a port of entry through the great saving effected in the direct; Wool...... 4, 803, 366 shipments to this city: Sheep and bogs, 2,231...... 00...... 231, 225 Cattle and horses, 17,148 ...... 00...... 14, 157, 500 Exports of Texas p1·od1t0ts-year ending September 30, 18 1. Grain...... • ...... • .. • ...... • ...... 3, 707, 180 All other merchandise...... • ...... 224, 722, 896 Products. Value. TQta.l four years (tons, 200,186)...... 400, 373, 065 The principal export trade of the city of Houston has been done via the barge · lines on Bu.ffaJ.o Bayou. The following is given as a. report of the freight trans Cotton, 195,301 bales ...... $9, 765, 050 0() ported by the Houston Direct Navigation Company, aline engaged in business Hides and peltries, 2,274,000 pounds ..•....•...... •... 411,000 00 with slupJ!ing in Galveston Bay and in the Gulf of Mexico outside the bar, and Beeswax, 10,385 pounds ...... 1, 969 3() with the mty of Galveston: Tallow, 50,760 pounds ...... oo ...... 3, 553 20 Wool, 1,972,000 ponnds ...... : ...... 394, 400 00 F-reight transported through Buffalo Bayou during the year ending September 30, 1879. Goat-skins, 10,000 ...... 2, 000 00 Pounds. Cattle, 13,075 ...... 261,500 00 6 Cotton-seed oil ...... _.. 00 ...... 165,000 00 ~li:!~ :~:~i: :::::::::::::::::::::::::::::::::::::::::::::::: 1~;: ~~~; ~~ Oil-cake (foreign export) ...... 200,000 0() Total (tons, 122,505) •...... •...... •...... 245, 010, 000 Total ...... •...... ~--- ...... 11,204,47j:l50 Year ending Septemb~r 30, 1880. Cotton, 151,349 bales...... 75,674,500 Tbe rapid growth of the lumber trade of the city of Houston warrants the Miscellaneous freight ...... 00...... 282, 000, 000 belief that if port facilities are afforded a heavy foreign export trade in lumber can be developed. Total (tons, 178,872) .. ~ ...... 00 ...... 357, 674, 500 The ship-building interest is already of considerable importance. The count-I"Y. Year ending September 30, 1881. . along the banks of Buffalo Ba:you and the streams emptying into it afford amplir Cotton, 251,147 bales ...... 126, 754, 000 supply of oak and other valuable timber, while the Houston lumber market sup Miscellaneous freight ..••...... _...... • . • ...... • . • ...... 249, 000, 000 plies pine of the best quality at very low rates. This interest has thus far been confined to the construction of steamboats, bar~es, and other light-draft vessels, Total (tons, 187,877) ...... 375,754,000 ~~tth port facilities assured it is believed tba vessels of greater draft will be The total exports of cotton from Houston through th~ waters of Buffalo Bayou The situation of Houston in the great cattle district contiguous to the Texas. by the H~uston Direct Navigation Company from .January 1, 1869, to September coast warrants the belief that a large export trade in live and slaughtered cattle 30, 1881, were 1,915,806 ba.les. can be developed if port facilities are guaranteed. This trade is already carried on The number of vessels now regularly employed in the trade of Houston is: direct from Buffalo Bayou to Havana. The total dutiable imports and duties paid at the Galveston custom-house for ~=~ft!· :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ the year ending .Jnne 30, 1881, were: Dutiable imports ...... $2, 632, 731 00 ~=~j~, I ig Duties paid...... 1, 772, 038 31 Total tonnage': :·:·::: ...... ':':':':':': '::: :·:· :::::::::... 00 ...... '::: 00:·:•:: ...... ':': ':: ':': ':: :·:::: '::::: ::::::::::::: : ...... 15, 535 The list of imports by Houston importers are exclusively those made in this col In addition to vessels arriving at Clinton in the year 1881, the following vessels lection district. .A. large amount of imports have been made for the same and other discharged in Galveston Bay and outside the Galveston Bar with cargoes direct Houston importers through the ports of New York and New Orleans. The :figures for Houston: given show that the imports by the Houston importers in 1881 were in excess of $642,000t and duties in excess of$459,200; andin1882, imports in excess of$776,900, j:~~:\~ s=~~~: g and duties in excess of$568,100, or about 25per cent. in 1881ofthe total imports at :::::::::::::::::::::::::::::::::::.Atlantic ports. ::·.::: :::::::::::::::::: the Galveston custom-house, to which this port of delivery is attached, and that about 25 per cent. of the entire amount of the duties collected were paid by Houston 7 importers. ~~'l:s·.::: ·.:::::::: ::::::::::::::::::::::: :::::::::::: ::::::: :::: :: ::::::::::::: 4 The foreign imports of the city of Houston in 1881 rank as twenty-fourth among Schooners ...... 24 the ninety-eight enumerated custoiDR districts of the United States. Your me Gulf ports. morialists therefore respectfully urge that the data herein given present reasonable Schooners ...... 49 gronnds for the consideration of Congress. The data. above given respecting the commerce of Houston with coastwiRe and IMPORT AND EXPORT TRADE. foreign ports, the fact of her important position in the tidal waters of the Gulf of The data showing the total import trade of the city of Houston are not at our Mexico, now being improved by the fosterin~ hand of the Government, and the command; but the following :figures, showing imports made by certain importers large amount of duties paid by her citizens, seem, in their judgment, to jnstify of the city of Houston, are sufficient to sltow the importance of this trade: this appeal to Congress to relieve their business enter_nrise of tl:ie present clog to its advancement. ~or, although Houston is a port o~elivery, the fact that cus Year ending June 30, 1881. tom-bouse entries must be IIUI.([e and duties paid at a distant port is a serious em barrassment and detriment to the export and import trade of the city, and not withstanding the fact that their enterprise contributes so largely to the export and Tons Estimated Name of importer. Article. . bt invoice Dutiespaid. import trade of the country:, your memorialists realize that until the position of .. weig · value. Houston as a port of entry is recognized their effort-s to build up a commerce will but serve to swell the volume of business of the port to which they are a.ttaclied. They also believe that if Houston is declared a. port of entry, thns removing the I embarrassments now existing tb.e foreign imports and exports will be largely in Houston and Texas Central Rail- creased through the imfetns thereby given to the enterprise of her merchants, and way Company . • . . . • • . . • • ...... • . . Steel rails. 9, 000 $333, 000 00 $252, 000 00 the customs revenues o the Government increased in proportion. They fear that Texas Central Railway Company... Iron rails. 4, 000 124, 000 00 67, 200 00 if the present condition continues the tendency will be toward a discouragement Galveston, Harrisburgb and San of the enterprising and public-spirited merchants, who foster the c-arrying trade .Antonio Railway Company...... Steel rails. 5, 000 185, 000 00 140,000 00 by shipping. • · In asking relief, your memorialists feel that the large amount of duties paid by Total ...... 18, 000 642, 000 00 I 459, 200 00 Houston importers to the Government will jnstify the small expense ensuing from the appointment of an officer of customs; and if their prayer is granted the Gov- • i882. CONGRESSIONAL RECORD-SENATE. 2511 ernment can secure at a. very moderate rental all necessary buildings for custom No. 1382, to report it with an amendment. I askfor its present con house purpos~. sideration. Respectfully, THE HOUSTON COTTON ExCHANGE AND BOARD OF TRADE, By unanimous consent, the Senate proceeded to consider the fol By S. K. :Mcll...HENNY, President. • lowing resolution, submitted by Mr. L~GALLS March 29: This memorial was adopted a.t a. meeting held March 8, 1882. Attest: Resolved).. That 5,000 additional copies of Senat.e bill No. 1382 be printed for the G. W. KIDD, Secretary. use of t.he ;:;enate. REPORTS OF COMMITTEES. The amendment reported by the Committ.ee on Printing was to a9d Mr. GARLAND, from the Committee on the Judiciary, to whom to the resolution the words ''in pamphlet form." was referred the bill (S. No. 1456) to secure the safe-keeping of money The amendment was a.greed to. paid into court, reported it without amendment. The resolution as amended was agreed to. Mr. ROLLINS, from the Committee on Public Buildings and INDIAN EDUCATIO~. Grounds, to whom was referred the bill (S. No. 1554) to provide for Mr. DAWES. I desire to place upon the record a letter which I the erection of a public building in the city of Syracll.Se, New York, have received from the Commissioner of Indian Affairs. It will b~ reported it with amendments. recollected that in the debate on the Indian appropriation bill. J. Mr. PLATT, from the Committee on Pensions, to whom was referred. think on Thursday last, between the Senator from Kansas [Mr. the bill (H. R. No. 1225) granting a pension to Mrs. Rosetta L. McKay,· PLuMB] and myself we read from different statements in reference· reported it without amendment; and submitted a report thereon, to the amount of money expended for educational purposes among which was ordered to be printed. the Indians. I have received a letter from the Commissioner show He also, from the same committee, to whom was. referred the bill ing that both documents were right. The document from which I (H. R. No. 967) granting a pension to Martha A. Williamson, reported read showed accurately the amount expended from the appropr~a it with an amendment; and submitted a report thereon, which was tions, and the-document the Senator from Kansas read from showed ordered to be printed. in addition thereto certain sums expended from other sources. I He also, from the same committee, to whom was referred the bill desire in justice to the Commissioner of Indian· Affairs, who is the (H. R. No. 3776) granting a pension to Margaret McCormick, reported author of both documents, to put into the RECORD his letter. it with .an amendment; and submitted a report thereon, which was The letter was ordered to be printed in the RECORD, as follows : ordered to be printed. DEPARTMENT OF THE INTERIOR, Mr. PLATT. I am also directed by the Committee on Pensions, OFFICE OF ll\DIAN AFFAIRS, to whom was referred the bill (H. R. No. 2012) to increase the pen Washington, Ma1·ch 31, 1882. sion of General D. C. Thomas, to report it adversely. SIR: In reading the debate of yesterday upon t.he Indian appropriation bill I Mr. HARRISON. I ask that the bill be placed on the Calendar. notice that an apparent discrepancy was discovered between two st.atements made Mr. PLATT. At the request of the Senator from Indiana, let the by t.his office as to the amounts expended for Indian education for t.he fiscal year ending .Tune 30,1881. bill be placed on the Calendar. . The table from which yon read, giving the amount. as $208,996, gave the amount The PRESIDENT pro ternpore. The bill will be placed on the Cal endar with the adverse report of the committee. ;~e~tt~~ ~t~~:!t~~de!s~r!~: a:i~:Err!~cn~c~~~io~~~~~s~td~r:c, \~~t snm t.he amount expended from civilization and trust funds, which are not ap Mr. MILLER, of California. I am directed by the Committee on propriated, and the amount expended for the support of Hampton, Carlisle, and the Revision of the Laws to ask to be discharged from the further Forest Grove schools, most of which came from the civilization fund. It als() consideration of the bill (S. No. 132) to correct an error in section added to t.he $208.996 about $25,000, which, in t.he t.able from which you read is 1588 of the Revised Statutes, in reference to the pay of retired included under t.he heads of ''subsistence supplies, 11 ''buildings at agencies, 11 and "annuity goods. 11 Of t.hese "repairs," "supplies," and "gOOds" about twenty officers of the Navy, and that it be referred. to the Committee on five thousand dollars' worth were applied to the schools, but m such small amounts Naval Affairs. It involves an increase of the pay of a certain class t.hat it was not practicable to separate them from t.heheads under which they are of naval officers. (wit.h equal propriety) included.. In making the "st.atement of disbursements" The report was agreed to. thls office only endeavored to account for thefubursement of appropriations under general heads. In Executive Document No. 113 t.he office endeavored to give as Mr. MORGAN. I am directed by the Committee on Public Lands complete a. statement a.s possible of the amount. expended for education from all to report a bill, and in connection with it to submit a report based sources. on certain resolutions of December 19, 1881, and January 18, 1882, Yours, respectfully, relating to the subject to which the bill refers. I beg to say th~t H. PRICE, Oommi8sioner. the committee will hereafter report a bill, which they have not yet Ron. H. L. DAWES, United States &nate. entirely matured; to elevate the office of Commissioner of the Gen BILLS INTRODUCED. eral Land Office 'into a department. Mr. COKE asked and, by unanimous consent, obtained leave to in The bill (S. No. 1619) to increase the salary of the Commissioner troduce a bill (S. No. 1620) to authorize the construction of a street of the General Land Office, and to create the offices of assistant com railway a.nd wagon-road bridge over the Rio Grande' River, between missioner of the General Land Office and inspectors of surveyors the city of El Paso, Texas and Paso del Norte, Mexico; which was general· and district land offices, was read twice by its title, and the read twice by its title, and, with the accompanying paper, referred report was ordered to be printed. to the Committee on Commerce. Mr. MITCHELL, from the Committee on Pensions, to whom was Mr. SAULSBURY asked and, by unanimous consent, obtained leave referred the bill (S. No. 603) granting a pension to Sarah C. Golder to introduce a bill (S. No. 1621) declaratory of the meaning of the man, reported it without amendment, and submitted a. report thereon, act approved February 19, 1879, entitled "An act for the payment which was ordered to be printed. to the officers and soldiers of the Mexican war of the three months' He also, from the same committee, to whom was referred tho bill extra pay provided for by the act of July 19, 1848;" which was read (S. No. 1360) for the relief of Abel Green, submitted an adverse re twice by its tjtle. port thereon, which was ordered to be printed, and the bill was post Mr. SAULSBURY. I introduce the bill by 1·equest. It relates t(} poned indefinitely. officers and seamen actually engaged in the Mexican war, simply giv Mr. TELLER, from the Committee on Claims, to whom was recom ing t.hem three months' extra pay, as was done in the ca-se of a por mitted the bill (S. No. 74) to provide for the payment of the claim tion of the Army. I move that the bill be referred to the Committee of Joseph R. Shannon, of Louisiana, reported it without amendment; on Naval Affairs. and submitted a report t~ereon, which was ordered to be printed. The motion was agreed to. Mr. GARLAND. I run requested by the Senatorfromlllinois; [Mr. l\IO~TUMENT TO JEFFERSON. LOGAN,] who is detained at his home by sickness, to ask leave to Mr. VOORHEES. I am instrocted by the Joint Committee on the introduce a bill. Library, after very foil and careful examination of the subject, not By unanimous consent, leave wqs granted to introduce a bill (S. only at the present but at former sessions of Con~ress, to report a No. 1622) for the relief of William H . .Akins and Jacob D. Felthou sen, joint resolution1 and I ask for its present consideratiOn. their heirs and assigns; which was read twice, and referred to the The joint resolution (S. R. No. 56) providing for the erection of a Committee on Patents. mounment _over the grave of Thomas .Jefferson was read twice, and .Mr. GARLAND a-sked and, by unanimous consent, obtained leave considered a~ in Committee of the Whole. It appropriates $10,000 to introduce a bill (S. No. 1623) authorizin~ the Secretary of the for the erection of a suitable monument and to make other suitable Treasury to erect a public building in the 01tr of Eureka Sprincrs, improvements over the grave of Thomas Jefferson, at Monticello, Arkansas, forthe useofthe United States; which wasrea.d twice by Virginia, to be expended under the direction ofthe Secretary of State. its title, and referred to the Committee on Public Buildings and Mr. VOORHEES. I will simply say in explanation that three Grounds. years ago an appropriation was made for the purpose indicated in the Mr. ROLLINS asked and, by unanimous consent, obtained leave joint resolution. '!'here was some trouble about questions of title, to introduce a bill (S. No. 1624) authorizing the construction of ves which is obviated in this measure, those obstacles having caused the sels of war for the Navy of the United States, and for other purposes; former appropriation t~ lapse back into the Treasury. which was read twice by its title, and referred to the Committee on The joint resolution was reported to the Senate without amend Naval Affairs. ment, ordered to be engrossed fot a third reading, rea-d the third Mr. PLA'IT (by request) asked and, by unanimous consent, ob time, and passed. tained leave to introduce a bill ( S. No. 1625) for the relief of the heirs BANKRUPTCY SYSTEM. of Clifford Arrick, deceased; which was read twice by its title, and Mr. ANTHONY. I am directed by the Committee on Printing, to referred to the Committee on Patents. which .was referred a resolution to print 5,900 copies of Senate bill Mr. MILLER, of California, (by request,) asked and, by unanimous. • 2512 CONGRESSIONAL RECORDr--SENATE . . APR:IJ4 3, .consent, obtained leave to introduce n. bill (S. No. 1626) for the re ATLAS OF COLORADO. lief of Charles Murphy; which was read twice by its title, a~d, with 1\fr. TELLER submitted the following concurrent .resolution; the accompanying papers, referred to the Committee on Claims. which was referred to t.he Committee on Printing: :rtlr. JOHNSTON asked and, by unanimous consent, obtained leave Resolved by the Senate, (the House of Representatives concurring.) That:. the copies to introduce a bill (S. No. 1627) for theTeliefof J. V. Davis; which of the Atlas of Colorado heretofore ordered for the use of the two Houses of Con· was read twice by its title, and referred to the Committee on Claims. gress and the Department of the Interior be suitably bound by the Public Printer Mr. COCKRELL asked and, by unanimous consent, obtained leave for distribution in accordance with the resolution ordering the same. to introduce a bill (S. No. 1628) establishing a certain post-road in the REFUh"'DrnG CERTIFICATES. State of Missouri; which was read twice by its title, and referred to The PRESIDENT p?·o tempore. If there be no further morning the Committee on Post-Offices and Post-Roads. business, the Calendar under the Anthony rule will be called. Mr. MORGAN (by request) asked and, by unanimous consent, ob :rtfr. MORRILL. I desire to a-sk a favor for the Committee on Fi tained leave to introduce a bill (S. No. 1629) to modify the appellate nance. I ask that Senate bill No. 1400 be considered at this time. jurisdiction of the Supreme Court of the United States, and for other It is a bill of pn blic importance, much desired by the Treasury De purposes; which was read twice by its title, and referred to the Com partment; and it will take no longer than to read the bill, I suppose, mittee on the Judiciary. it having been reported unanimously by the Committee on Finance. Mr. MITCHELL asked and, by unanimous consent, obtained leave . Mr. COCKRELL. Is there any great urgency why we should set to introduce a. bill (S. No. 1630) for the erection of a public building aside the Calendar and consider that bill T at Lancaster, Pennsylvania; which was read twice by its title, and, 1\!:r. MORRILL. I appeal to my friend from Missouri, as the Com with the accompanying papers, referred to the Committee on Public mittee on Finance has no other way of getting anything in but by Buildings and Grounds. unanimous consent. This is a bill of import:mce, greatly desired He also asked and, by unanimous consent, obtained leave to intro by the Secretary of the Treasury, and a matter I think that the Sena duce a bill (S. No. 1631) for the relief of Jacob Saner and Elizq,beth tor himself will approve of. I ask him not to interpose any objection Sener; which was read twice by its title, and referred to the Co~p to its consideration now. D;littee on Finance. Mr. COCKRELL. I desire to know oi the Senator why it is that Mr. GORMAN asked and, by unanimous consent, obtained leave to a great committee of the Senate, the Finance Committee, has. no introduce a bill (S. No. 1632)to provide for paying certain advances other way of getting its business before the Senate except by unani made to the United States by the States of Maryland and Virginia; mous consent 7 Does it not stand on a par with all the other com which was read twice by its title, and referred to the Committee on mittees f Do not the ca-ses reported from that committee take their Finance. place on the Calendar and share the same fate that is shared by other Mr. SAUNDERS asked and, by unanimous consent, obtained leave committee reports 7 to introduce a bill (S. No. 1633) to authorize the construction oi a Mr. MORRILL. I only ask it in relation to billa of public impor bridge across the Missouri River at a point to be selected between tance. I do not think it is right that they should be pJa.ced npon the the north line of the county of Monona and the south line of the Calendar and postponed until the heel of the session, when they may Mr. HAMPTON. I wish to move an amendment to the amendment of this kind, not because i knew the parties or because I had any of the committee. After the word "dismissal," in line 11, I move to opposition to them personally; but because I believe in the Army insert "in the first vacancy occurring in said regiment, or in the and in the things which tend to keep up its standard. There is no infantry service." use in having army courts ·when Congress takes almost every ca e that Mr. PLATT. Is there a reportf it comes to, and restores the person who has been convicte.d to the The PRESIDENT pro tempore. Yes, sir. rank of which he was deprived hy reason of the judgment of a Mr. PLATT. I wish to have the report read. court-martial. Mr. INGALLS. Will the Senator from South Carolina inform us lt is a discouragement to an officer to be decent, to observe the law if this is the common case of restoration after dismissal for drunken and the rules and regulations of the Army, when those who violate ness~ the law and violate the regulations are promptly restored notwith Mr. HAMPTON. It is a case of that kind. Let the report be read. standing -conviction, and are put back just where they would have The Principal Legislativ~ Clerk read the following report, sub been if the offense had not been committed. mitted by Mr. HAMPTON January 17, 18!::$2: We have been wrestling here with the problem of how we could The Committee on Military Affairs, to whom was referred the bill (S. No. 453) provide for a rule of promotion in the Army which would relieve for the relief of Thomas F. Riley, beg leave to submit the following report: from the deadlock which exists; how we could give to younger offi The facts in this ca.se, as shown by a large mass of documents, are as follows: cers of the Army the certainty of promotion after length of service; Captain Thomas F. Riley was tried by a court-martial at Vancouver, Washington and yet nearly every day that we sit here we practically prevent the Territory, in March, 1880, for drunkenness on dnty, and was dismissed the service in August of the same year.. On account of mitiga~g circnmstan~es, the court desired and deserved promotion by interrupting its ordinary flow unanimously recommended him to clemency, and this recommendation was con- _ through the medium of officers who have been court-martialed and cnrred in by General 0. 0. Howard, commanding the Department of Columbia. whom we restored. The President, however, approved t~e sentence of the court. app~en~l with out having observed the recommendation, for on a letter of Captam Ruey, ad The Committee on :Military Affairs have not, I think, been entirely dressed to llim on February 7, 1881, he made the following indorsement: consistent. ·They have within the last few days reported unfavora "EXECUTIVE MANSION, February 11, 1881. bly a bill ~or ~he relief of 3: captain who served as Ion~ as Riley did, "In this case ifthefactthatthe court-martial nnanimouslyrecommendedCap who was disnu.ssed for prec1sely the same cause, that ot drunkenness, tain Riley to mercy was called to my attention at the time I approved the sentence who had as meritorious a record as any one could have had in the of the court, I do not now recollect it. That fact is certainly an imfortant one in Army, of whom there was said in his behalf, not by himself but by such a case. Other important circumstances have since the approva been brought his brother officers, superior and inferior, as much as this man says tomynotice. I'R. B. HAYES." for himself. Yet the committee said they could not restore that man. Colonel H. A. Morrow~ Twenty-first Infantry, the president of the court, said I think it is fair to have some sort of a rule which shall be observed, in a letter of date Novemoer 6, 1881, to Captain Riley, that "there were circum and if it is to be understood that officers are to be restored after being stances in your case which on~ht to be considered by•he approving authority. dismissed for drunkenness, the rule ought to apply to all those who * * * The court called attention to the fact that yon had been harshly used I are dismissed for that cause, and not to a. part of them alone. think the whole case deserves a reconsideration." In addition to this letter there are others from Generals Hazen, Carroll, French, Mr. HAMPTON. May I ask the Senator a question! Colonels Woodruff and Cogswell, with various other officers, testifying to the .Mr. PLUMB. Certainly. . general soldierly qualities of Captain Riley, and his good conduct during aservice Mr. HAMPTON. To what case does he refer f of nearly ei~hteen years. This young man entered the service at the age of six teen as a pnvate, and, by meritorious behavior during the late war, rose to alien Mr. PLUMB. I refer to the case of Captain Hemphill, which the tenancy. A letter of his to the President states his case so honestly and so mod Senator himself reported unfavorably. estly that it is appended: I wish to call attention to another thing. I will reserve part of "VANCOUVER, W. T., November 5, 1880. what I wish to say until we come to the next bill on the Calendar, " Sm: In pursuance with your suggestion at the time of my interview with yon when I shall speak about the distiriction which the committee makes at Kalama, I have the honor most respectfully to submit the following statement, between officers and privates. I have a letter from one of the most trusting that herein may be found some points not dev:elo.ped on my trial, which may induce your excellency to reconsider the action taken m my case, and to mod gallant officers of the .Arm~ in which he fitly characterizes the great ify in some manner the severity of the sentence imposed by the com't. I was born harm which results whenomcers who have served their country faith in Florida, and at the age of sixteen I enlisted in the Uniteil States Army at Wash fully, and have been led to hope for promotion as part of their reward, ington, District of Columbia, this being as early a date as leonid, by reason of age, and at a. period whenourcountryneeded every able and willing arm that cenld be are jumped by putting back men who have been dismissed. Either obtained, namely, inJnly, 1863. 'Iservedintheranksfortwoyearsaud ten months, the law in regard to drunkenness is wrong or it is right. If it is receiving at the close of the war a commission as second lientenant in the Twelfth wrong it ought to be repealed. Infantry. From thedateofmyenlistment to the dateofthecha~es on whlchlwas This officer shows in his letter, what every man who knows any dismissed, a period of nearly eighteen years, I bore all the vicissitudes of the serv ice, and I can safely refer to my record during that whole period, and assert that I thing about the Army knows, that no man in the Army is ever pun bave nothing to blush for. After the war I served with my re~Pment, ~rforming ished for the first offense. He never is punished until his offenses the nsnal routine duties, but frequently in the capacity of acting asslStant quar have become rank, until they have become unbearable. I venture termaster and acting commissary of subsistence. All of my accounts in those to say that no man has ever been court-martialed for drunkenness capacities have been satisfactorily closed. As is unfortunately not infrequent among Army officers stationed at: frontier unless he has been drunk at least a dozen tjmes publicly. I am posts, I had the misfortune to contract the habit of'using into:i:icatino- liquor. aware, of course, that there are exceptions; I am aware, of course, This habit grew on me, and finally, at the solicitation of a brother officer, (the major that there is partiality, but we establish courts in the .Army for the of my regiment,) I obligated myself to abstain from its use, but this pledge was purpose of administering military justice according to military given voluntarily anti not to any consequence of the intemperate nse of liquor. I had no charges against me at the tinie, nor had I done any thing to cause char~es methods, and we have just as little right to overturn them as we to be preferred against me ; it was simply because of the growing vice and solici have to overturn judgments of courts which we constitute for the trial tude·for the welfare of my family. The breach of this pledge was occasioned by of civil causes. an attack of malarial fever, and the use I then made of liquor with snob disas trous effects wa.slargelydne to mypreviouslongabstinencefromitsn11e. I should Mr. HAMPTON. Mr. President, I agree with what the Senator also state that it was used on that occasion by consent of the medical officer of the from Kansas has said upon the general impropriety of restoring afl offi post, Dr. James Reagles. I would also beg to state that the whole charges on cer whQ has been dismissed from the Army for drunkenness. Drunk which I was trie secutive and faithful service aiu'l that he considers his treatment upon Mr. INGALLS. I have made a motion the Senator can speak on. •the night of his arrest a very harsh· one, and that he hopes the Presi 1\Ir. HAMPTON. Is that motion debatable 1 dent may interpose his prerogative of mercy, given him designedly The PRESIDENT pro ternp01·e. For five minutes. under the Constitution of th~ country, and save this man from the l\lr. HAMPTON. I simply wish to read one or two letters from effect of a single indiscretion, a fault if you please, but an indiscre officers under whose command this young man served. Here is one tion and a great misfortune. addressed to Lieutena.nt Riley by Brevet Colonel M. Cogswell, who Remember the legal maxim that where the reason of the law ceases says: the law itself ceases. The President tells you by more than an inti I do not believe that yon drank one drop of intoxicating liquor dm·ing that mation, over his own signature, that if he had been possessed of period. the facts of the case and the recommendation to mercy by the court The period he was under him in his service. I have the letter of martial so suddenly called and so suddenly dispersed, he would not General Howard to the President of the United States, iu which be have approved the sentence. It seems to me that it was a confirma says: tion by the President, inadvertently made, without knowledge of He has been at work this summer as quartermaster's agent in the field with the true facts in the case; and, as I say, the findings of courts-mar Lieutenant Farrow. His conduct has been reported as good during and since the tial do not, in my judgment, rise to the dignity of judicial decisions, expedition. because they have none of the opportunity of re-examining their GeneralHow::trd was commanding that department and forwarded, errors and testing them by the light of subsequent testimony which with his favoraule recommelldation, the unanimous recommendation our ordinary courts have. Such a board is an evanescent, temporary of the court-martial for executive clemency. I have a letter from tribunal stricken off in the heat and necessi.ty of the moment, here General French, in which he says: to-day and gone to-morrow, and the only chance to rectify their I regret to learn of the decision in your case which has resnlted in a dismissal errors lies in the action of the President, and the President in the from the Army. My opinion, fortified by the unanimous recommendation of the present case tells you that he had not the necessary information for court that tried yon and of your colonel, whose position made him cognizant of all the faots at the immediate time of their occurrence, is that yon deserve, and no the exercise of the proper judgment. I think the Senate ought to doubt will have, a reconsideration and consequent reinstatement. interpose. While under my command in Ca.lifornia your conduct was unexceptionable, Mr. PLATT. Mr. President, I desire in this connection to call both as an officer and a gentleman. attention to the fact that on the 16th of March the Senator from Now, Mr. President, the proof ha-s been that this man was not in I Rhode Island [Mr. .ANTHONY] presented a petition signed by more the habit of using intoxicating liquors to excess. than three hundred officers in the Navy, from rear-admiral down, Mr. INGALLS. He says himselfhe had been. protesting against the restoration to the Navy of persons who have Mr. HAMPTON. No; he says he had got in the habit of drinking been dismissed for drunkenness by court-martial. It is a very sig that he made a voluntary pledge, joined the temperance society, and nificant document. I desire to read from the opening of the petition : by the recommendation of his doctor he took some whisky, unfortu To the honora1Jle the Senate and HOU8e of RepreJ>entatives in Congress: nately while he was on duty, and, of course, he then bad to be tried The undersigned commissioned officers of the United States Navy, most re by a court-martial. I say that all the papers that came before us spectfully represent that the now frequent restoration of officers resigned, retired, show that this was his first offense, and they show that he had dis and dism'is ed by court-martial is working infinite prejudice to the Navy, both by played eminent gallantry. They prove that he was literally born removing the wholesome fear of discipli.De and by discouraging the meritorious who have earned expected promotion for continuous efficiency and good conduct. in the Army, and as soon as he was able to enter the service he did Drunkenness is the most common cause for dismissaL To restore an officer to so, and that he has throughout his whole service of seventeen years active service and former rank who has been dismissed for this vice destructive never had a charge made against him save this single one. And I to his power for good is to imperil human life, that is sufficiently exposed to peril commend to the Senate the injunction of our Divine Master: ''He by battle, storm, and shipwreck under the coolest and wisest management. that is without sin among you, let him first cast a stone." Then they go on to say : The PRESIDING OFFICER, (Mr. GARLAND in the chair.) The Probably every member of your honorable body would shun the railway or the question is on the amendment of the Senator from South Carolina steamboat line where the practice of restoring to rank and service officers once [Mr. !LuiPTON] to the amendment of the Committee on l\lilitary discharged for drunkenness shonld be tolerated for an hour. Affairs. , I do not read the whole of it. It has reference to restorations in Mr. INGALLS. Let that be read. the Navy, but the argument holds good in reference to restorations The ACTING SECRETARY. In line 11 of the committee's amend·· in the Army; and it does seem to me that the only safe course for ment, after the word "dismissal," it is proposed to insert: the Senate to adopt is to have one rule on the subject and follow it. In the :first vacancy occurring in said regiment or in the infantry service. I have noticed that every case which is made here of the numerous ca-ses where we are asked to make restorations is presented to the Mr. INGALLS. That proposes not only to pla-ce him over all the Senate as a most meritorious case. Now, I desire for a moment to officers in his own regiment but over all the officers in the infantry look at this case. It will be observed that President Hayes in his service of the Army. I ask for the yeas and nays on the adoption of indorsement does not say that if the fact of the recommendation to that amendment. clemency had been called to his attention he would not have ap The yeas and nays were ordered, and the Principal Legislative proved the sentence of the court-martial. He studiously avoids say Clerk proceeded to call the roll. ing it in the indorsement which is quoted here; and in the state Mr. ROLLINS, (when his name was called.) I am-paired with the ment which thja officer makes of his own case, it seems to me that Senator from Florida, [Mr. JoNEs.] there is something more than the fact that be was once drunk. He Mr. SAULSBURY, (when his name was called.) I am paired with says, speaking of his former service : the Senator from Michigan, [:Mr. FERRY.] As is unfortunately not infrequent among Army officers stationed at frontier The roll-call having been concluded, the result was announced posts, I had the misfortune to contract the habit of using intoxicating liquor. yeas 27, nays 13; a-s follows : This habit grew on me, and:fina.lly, at the solicitation of a brother officer, (the major YEAS-27. of my re~iment,) I obligated myself to abstain from its use, but this pledge was Bayard, Fair, Johnston, Ransom, given votuntarily and not to any consequence of the intemperate use of l,iqnor. I Beck Farley, Kellogg, Sewell, had no charges against me at the time, nor bad I done anything to cause char~es Camden, Gorman, Maxey, Slater, to be preferred against me; it was simply because of the growing vice, a.nd solici Cameron of Pa., tude for the wellare of my family. Hampton, Miller of :N. Y., Vest Cockrell, HalTlS, Morgan, Voorhees, Then he goes on to say that the particular breach of his pledge was Coke, Hawley, Pendleton, Walker. due largely to malarial fever. .But the fact, nevertheless, appears Davis ofW. Va., Hoar, Pugh, that he contracted.this habit; that it was a growing vice; that his NAYS-13. brother officers remonstrated with him, so much so that they pre .Allison, Ingalls, Saunders, Windom. vailed upon him to give a pledge; that be broke the pledge, and Anthony, Jackson, Sawyer, Brown, Platt. Sherman, there is nothing in thiS report to show that be has even reformed. It Cameron of Wis., Plumb, Teller, has been barely two years since his dismissal. In that respect it does not come up to a good many of the ca-ses that have been presented ABSENT-36. here where the pledge had been kept or reformation had continued .Aldrich, Frye, Jonas, Mahone, Blair, Garland, Jones of Florida., Miller of Ca.l., for a long period of years, and it seems to me, as I said in the first Butler, George, .Tones of Nevada, Mitchell, place, that the only thing we can do is to have one rule on this subject Ca.ll, Groome, Lamar; Morrill, and abide by it. Con~er , Grover, Lapham, Rollins, DaVIs of lllinois, Hale, Logan, Saulsbury, Mr. HAMPTON. Mr. President-- Dawes, Harrison, McDill, Vance, The PRESIDENT pro tempore. The Senator from South Carolina. Edmunds, Hill of Colorado, MoMillan, Van Wyek, has spoken once. Ferry, Hill of Georgia., McPherson, Williams. Mr. HAMPTON. I propose to speak on the amendment of the Sen So the amendment to the amendment was agreed to. ator from Kansas. The PRESIDING OFFICER. The question is on the amendment The PRESIDENT p1·o tempore. That amendment is not yet up. as amended. The qu~stion is on the amendment to the amendment. Mr. PLUMB. I move to amend the amendment by striking out Mr. INGALLS. I do not think the Senator from South Carolina after the word "infantry," in line 101 the words "to the same grade O"?_;~ht to be (leprived of the right to speak. I move to postpone the and rank held by him at the date of his dismiss~." That is all of the bill until, to-morrow. He can speak on that motion. bill which relates to the officer going back with the rank which he Mr. HAMPTON. The bill has consumed already more of the time lost by reason of dismissal from the service, and upon that I want to of ~he Senate than I had expected. I want a vote. · say just a word. The reward for Army service is twofold, pay and 2516 CONGRESSIONAL RECORD-SENATE. APRIL 3, rank. Now, all the officers of the Army have earned rank as well as it seems to me that the officers of the Army will be more glad than pay, and to put back a dismissed officer over any of them deprives ever to enter a service. in which they will not be bound by a mere. them of that which is as much their due as their pay. More than that, technicality, but in which they will feel that the substance of justice, it gives the restored officer that which he has not earned. Admitting although tardy, will yet be meted out to them. that there is something overshadowing in this man's ability; that he In the present case I cannot conceive how any officer of the Army is a Julius Cresar or a Napoleon, or something of that kind; that the loses one dollar of pay or one particle of rank under the bill as it military service cannot afford to lose him, why should he be put back now stands, because until there is a vacancy this man cairnot be over men who have commit-ted no offense, when his restoration has reappointed. If he goes in, it is not to take a place occupied by the effect of depriving them of that which is their right as much as another, it is not to set another back, it is simply to take a vacancy the pay they have earned i In point of fact, it gives the restored officer which would have been his if this unjust sentence had not been car pay for services he has not rendereu, because he is entitled to more ried into effect by the President of the United States under a misap pay as captain than he would be as lieutenant, and because he is en prehension of facts; for the late President tells you in so many words titled to pay by reason of the longevity of his service, which enters t~t if he had known of the opinion of the court that tried this young into the computation just as much while he was out of the Army as man he would not have approved the sentence. Is any officer of while he was in it, if the bill is adopted. the Army injured by a rectification of that injustice under these cir This officer has had his time to himself during the period he has cumstances Y Is the esprit du corps of the Army lessened by itt On been out ofthe.A.riny; he has had all the avenues of civil life open to the contrary, it seems to me that every time we shall show that a him; he ha-s had a chance to make money; and you give him now hasty injustice can be remedied, we shall make fair and right-minded what he has not earned, that which somebody else is entitled to, rank men feel more secure in their positions in the Army. for the time he has been out of the Army. It is a deep injustice, and The PRESIDING OFFICER. The question is on the amendment there is no possible justification for it upon the facts of this case as of the Senator from Kansas to the amendment of the Committee on stated. Military Affairs. But now, referring to what the Senator from Delaware has said Mr. PLUMB. I call for the yeas and nays. about courts-martial, I beg his attention to the fact that, evanescent The yeas and nays were ordered and taken. as this court was, dissolving as it did the next day after the judgment Mr. RANSOM. My eolleague [Mr. VANCE] is called home on pub was rendered, this man does not impeach its judgment; he does not lic business, and he is paired on all party questions with the Senator say it was not true ; that it was not just ; and can any court render from Louisiana, [Mr. KELLOGG.] This is not of that character how I any better jud~ent than a judgment that is true and a juQ.gment ever. that is just f A court that might have had an existence for a thou Mr. SAULSBURY. I have not voted on the bill because I am sand years could not have done any better. I do not care whether a paired with the Senator from Michigan [Mr. FERRY] on political man is black or white, whether he is a judge for life or a judge for a questions. I should like to inquire of the colleague of the Senator day whether he is a judge pro tempore or a judge for a term, he could from Michigan whether he considers this such a question as I ought not ~ve done any better. The person convicted does not deny that to regard myself as paired on f he was guilty; that he was legally and properly convicted, and there Mr. CONGER. I cannot inform the Senator what the views of my is no ground on which the judgment can be impeached. colleague might be on this bill. I presume he would have no objec The PRESIDING OFFICER. The question is on the amendment tion to the Senator's voting. to the amendment. Mr. SAULSBURY. This not being a political question, I trust he Mr. BAYARD. What is the amendment of the Senator from Kan will not have any objection. In that case I will vote "nay." sas! The result was announced-yeas 26, nays 19 ; as follows: The ACTING SECRETARY. .After the word "infantry," in line 10, it YEA.S--26. is proposed to strike out: Aldrich, Davis of W.Va., McMillan Rollins, To the same ~e and rank held by him at the date of his dismissal, in the first .Allison, Dawes, Miller of N. Y., Saunders, vacancy occurrmg in said regiment or in the infantry service. Anthony, .¥eye, Mitchell, Sawyer, Brown, Groome, Pendleton, Sherman, Mr. PLUMB. The proposition is that if he ~oes back into the Cameron of Wis., Hill of Colorado, Platt, Teller. Army he shall go back not as of the date of dismissal but of the Coke, Ingalls, Plumb, new appointment. This bill gives him the same rank he would have Conger, Jonas, Ransom, ha"(]. if he had not been put. out at all. It gives him eighteen years NAYS--19. rank up to the time of dismissal, and all the time that has occurred Bayard, Ham~ton. Maxey, Slater, between the date of dismissal and the date of restoration. Cameron of Pa., Hal'l'l8, ~:~an. Vest, The PRESIDING OF}'ICER. Does the Senator from Kansas mean Cockrell, Jackson, Voorhees, Fair, Johnston, Sa~bury, Walker. by his amendment to strike out the words already inserted f Farley, Lamar, Sewell, Mr. PLUMB. I wa-s not a ware that words had been put in. I do not mean to strike out those it would not be in order. ABSENT-31. Beck, Garland, Hoar, McPherson, The PRESIDING OFFICER. The amendment of the Senator from Blair, George, Jones of Florida, Miller of Cal, Kansas does not include the words adopted on motion of the Senator Butler, Gorman, Jones of Nevada, Morrill, from South Carolina. The amendment will be read. Call, Grover, Kellogg, Vance The ACTING SECRETARY. It is proposed to strike out after the Camden,~ Hale, Lapham, VanWyck, Davis 01 lllinois, Harrison, Logan, Willianis word "infantry," in line 10, the words "to the same grade and Edmunds, Hawley Mahone Windom.' rank held by him at the date of his dismissal," so that the clause as Ferry, Hill of Georgia, McDill, 1 amended will read: So the amendment to the amendment was agreed to. In the first vacancy O$lcurring in said regiment or in the infantry service. The amenW:nent of the Committee on Military Affairs as amended Mr. BAYARD. I am fully aware of the truth of the saying that was agreed to. hard cases make bad precedents, and there is nothing more essential Mr. SAULSBURY. I am fully aware that it is possible that by than that we should make a ru1e and stand by it. It is the right of authorizing the President of the United States to restore a person to an Army officer that his regular promotion should not be invaded by the Army who has been dismissed we may sometimes commit an in acts of favoritism or by acts of special legislation. It wa-s in view justice to the Army, and I have no doubt that by the action of the of the necessity of adhering to that broad principle of ,justice that I executive department under the authority conferred sometimes by opposed upon a late occasion the placing of a distinguished civilian act of Congress there bas been injustice done to officers of the Army upon the retired list of the ~y, because putting him there blocked who have not been dismissed, but have remained in the service. to that extent the course of promotion to the regular line of the Where I am fully satisfied that a person has been in the habit of be Army. Butin thepresentcaseitseemstomethateveryofficerin the coming intoxicated and that habit ha.s caused his dismissal from the Army, every man in the naval and military sernce of the United Army on account of habitual drunkenness, I should hesitate to restore States must not only feel that the rights are secure under the forms him to the Army after he had become confirmed in the habit; but of law and in the gradation of his advancement, but he ought to feel in this case, I understand this young gentleman was not habitually that he is to be treated justly, and that if errors have been made in accustomed to the nse of intoxicating liquors, and the allegation is his trial and in his sentence the laws and the tribunals of the coun that on one occasion, unfortunately, under the advice of a physician, try contain the elements for doing him justice, so that a man shall he took some liquor and was found intoxicated. Charges were not nnder misapprehension, by the hasty, summary, and mistaken brought for that specific act, and the court-martial could do nothing action of a court-martial, lose his place hopelessly and beyond all else but find him guilty of a violation in that particular instance of power of relief. All human trib'unals, all human attempts at justice the rules and re~lations of the Army. They, however, united in must be imperfect ; and shall it not be that there is a method of re recommending him as a :fit subject for Executive clemency, but, aa I examination and rehearing and a sober second thought for all human understand, t.hat fact was not brought to the attention of the Presi judgmentsf dent. Now it seems to me that if we are consulting the true spirit, the This gentleman has suffered the consequences of dismissal because esprit du corps that makes the Army what it ought to be, men must of one smgle indiscretion. However much I deplore that habit in the be satisfied that there is a machinery in the Government of their Army, or anywhere else, I do think it wou1d be very harsh for a sin~le country that can repair an unintentional wrong, and that whenever offense that this gentleman has committed, when his previonslife it has been discovered and the injustice appears. there will be a rem had been one of regularity, and his subsequent life has shown that edy and that that remedy will be exerted. If that shall come, then that was but a mere incident, to refuse to restore him to the Army. 1882. CONGRESSIONAL REOOkD- SENATE. 2517 Therefore I should, if I were not paired, vote for this bill to restore efficiency of the Life-Saving SeTvice and to encourage the saving of him to the Army from which he wu,s dismissed on account of a single life from shipwreck, asked a conference with the Senate on the dis offense under the circumstances tateu. agreeing votes of the two Houses thereon, and had appointed Mr. I think we are not doing any injustice to the Army by correcting AMOS TOWNSK\TD of Ohio, ~lr. S. S. Cox of New York, and Mr. J. a wrong which has been done this gentleman. I do not say that it \V. C~"DLER of Massachusetts, conferees on the part of the House. was wronO' for the court-martial to find him guilty of the particular PRESIDENTIAL A.PPROV ALS. alle(>'ation°under inve tigation, because if the general allegation was that he had been intoxicated at a particular time, that being the A me a~e from the President of the United States, by Mr. 0. L. iR ue before the court-martial they could not consider extenuating PRUDEN, one of his ecretaries, announced that the President had, circumstances, and tho e extenuating circumstances were not in the on the 31st ultimo, approved and signed the act (S. No. 804) to con knowled•,.e of the President when he approved the finding. I shall firm certain instructions given by the Department of the Interior to vote the~efore to restore this gentleman to the Army, and at the the Indian agent at Green Bay a~ency, in the State of Wisconsin, same time do no injustice to other officers of the Army. and to legaliZe the acts done and permitted by said Indian agent The bill was reported t.o the Senate as amended. pursuant thereto. l\1r. INGALLS. I should like to hear the :1mendment read. 'l'he message also announced that the President had on the 1st The PRESIDING OFFICER. The amendment 'made as in Com instant approved anrl. signed the following acts and joint resolution: mittee of the ·whole will be reau. An act (S. No. 827) to amend an act entitled "An act making ap The ACTING SECRETARY. It is to strike out all after the enacting propriations to provide for the expenses of the Government of the clause and insert : District of Columbia for the fiscal year ending June 30, 188.2, and for other purposes," approved March 3, 1gB1; Tha.t the provisions of la.w regulating appointmentsintbe.Armyareherebysus. An act (S. No. 1415) to provide for the closing of an alley in square pended for the purpose of this act, and only so far as they affect Thom~ F. Riley, late a captain in the Twenty.first United States Infantry; and the Pres1.dent can, · 195, in the city of Washington, District of Columbia; if he so desire, in the exercise of his own discretion and judgment, nominate and, An act es. No. 90) to pay the creditors of the late Henry 0. Wag- by and with the advice and consent of the Senate, appoint said Thomas F. Riley, goner, late consular clerk at Lyons, France; late a captain in the Twent,-·first Regiment United States Infantry, in the firSt vacancy occuring in said regiment or in the infantry service: Provided, That be An act (S. No. 164) granting a pension to Mary A. Davis; shall receive no pay, allowance, or compensation of any kind prior to date of An act (S. No. 228) granting a pension toP. B. Perry. senior; and appointment hereunder. A joint resolution (S. R. No. 30) making an appropriation for fill- Mr. HAMPTON. As the bill now stands it does not indicate any ing up, draining, ap.d placing in good sanitary condition the ground rank to which Mr. Riley shall be appointed. I move to insert the south of the Capitol along the line of the old canal, and for other words "of the same grade" after" Infantry," in line 10. purposes. Mr. ALLISON. Then may I ask the Sen.. Mr. BROWN. In the same line, after the word "the," I move to this is guManteeing the same rights to Indians that are given to those strike out the word " general ;" so as to read "in the direction of entitled to the lowest freight elsewhere. It is intended to give the Paris," instead of "in the general direction of Paris." same to persons lawfully residing in the Indian Territory. The amendment to the amendment was agreed to. Mr. HOAR. I suggest to the Senator that he had better pass that Mr. BROWN. In line 16 of section 3 of tbe substitute, after the amendment. It seems to me to be a very extraordinary section all word "nation/' I move to insert "claiming damages;" so as to read : through. Let it be amended after it is discussed. One by the principal chief of said nation claiming damages. Mr. BROWN. I have no objection to passing it over. The PRESIDENT pro tempore. The seventh section of the substi Mr. HOAR. If the amendment is anopted and an individual claims tute will be passed over for the present. damages, and not the nation, there is no provision for the case. Mr. BROWN. In line 4 of section 9, after the word "Choctaw," Mr. BROWN. If the Senator will look to line 16 of the section he I move to strike out the word "or," and insert "and," and in the will see that it reads: next line, after the word "nation," to insert the letter "s;" so as to One by the principal chief of said nation and one by said company. read: · There are two nations instead of one. To make it more definite For the use and benefit of the Choctaw and Chickasaw nations. the bill should read : The amendme~t to the amendment was agreed to. One by the principal chief of said nation claiming damages. Mr. BROWN. In line 6 of section 10, after the word" location," Mr. HOAR. But the provision of the bill is that if satisfactory I move to insert "in accordance with this act." settlements be not made with the nation or any individual for the The amendment to the amendment was agreed to. ·damages to occupants, damages to personal property, or whatever Mr. BROWN. In the same section, line 22, after the word "com the damage is, one referee is to be named by the Commissioner of pany," I move to insert "upon filing bond as prescribed in the ninth Indian Afi"airs, " one by the principal chief of said nation_/' which section of this act." with the amendment now proposed is the nation claimin~ d.amages, The amendment to the amendment was agreed to. "and one by said company." You have made no provis10n in con :Mr. BROWN. In line 24 of the same section, after the word "loca stituting this tribunal for the case of an individual claiming dam tion," I move to insert the words "in accordance with this act." ages. You ought to say" one by the principal chief of the nation The amendment to the amendment was agreed to. to which the individual belongs." Mr. BROWN. In line29ofthesamesection, after the word "loca Mr. BROWN. I have no objection to that amendment. tion," I move to insert "in accordance with the provisions of this :Mr. HOAR. I did not propose to interfere. act." Mr. BROWN. Then it would read, "one by the principal chief of The amendment to the amendment was agreed to. the nation to which the individual claiming damages belongs." Mr. BROWN. In line 35 of the same section, after the words "to :Mr. MAXEY. That is right. perform," I move to insert "in all respects." Mr. HAWLEY. You want both in, because all the unselected lands The amendment to the amendment was agreed to. belong to the two nations. :Mr. BROWN. At theendofthesection, after the word" grantee," Mr. TELLER. All the land belongs to the United States. I move to insert'' including the definite location in accordance with Mr. HAWLEY. All the unselected land belongs in common to the this act and the filing of bond as herein required." people of both nations, Choctaws and Chickasaws. The amendment to the amendment was agreed to. Mr. HOAR. Whatever the damage is to the occupants, whether Mr. BROWN. These are all the amendments, except the one passed it is for improvements or not, ought to be provided for. Many cases. over. may be supposed. For instance, we had a case in Massachusetts The PRESIDENT pro tempore. The question is on the amendment where the Boston and Lowell Railroad by blasting knocked to pieces as amended. a house, destroying a large quantity of personal property. The court The substitute as amended was read, as follows : held that that being a necessary result of the construction of the That a right of way is hereby granted to the Saint Louis and San Francisco railroad, the railroad company was liable for damages in the mode Railway Company, a corporation dn1y organized under the laws of the State of Missouri, for the construction of a railroad and telegraph line, said right of wat' provided by the statute. to be one hundred and fifty feet in width, throngh that part of the lli.nds of the Mr. MAXEY. I sugsest "principal chief of the said nations claim- Choctaw and Chickasaw Nations occupied by the Choctaws.. and three hundred ing damages, or individuals of said nations claiming the same." feet in width at each station for a distance of 4,000 feet in 1ength; said tight of way to commence at any point to be selected by said company on the line of the Mr. HOAR. "Principal chief of the nation claiming damji>ges." Choctaw Nation immediately contiguous to Sebastian and Scott Counties, in the Mr. MAXEY. "Or any individuals of said nation." State of Arkan.<>as, and run thence in a southwesterly direction on the most direct Mr. HOAR. "Or of the nation to which the individual claiming and practicable route through the said lands of the Choctaw and Chickasaw damages belongs." Nations in the direction of Paris, in the State of Texas ; said road to continue to or connect with a proposed road from the city of Paris aforesaid. Mr. BROWN. I propose to make it read thus: "principal chief of SEc. 2. That the sa1d Saint Louis and San Francisco Railway Company shall the nation claiming damages or to which the person claiming dam a-ccept this right of way upon express condition, binding upon itself. its successors ages belongs." and assigns, that they will neither aid, advise, nor assist in any effort looking Mr. HOAR. That is right. toward tbe changing or extinguishing the present tenure of the Choctaws or Chickasaws in tlieir lands and will not attemP.t t~ secure from t.he Choctaw or Mr. BROWN. That will put it in the alternative. Chickasaw Nation any further grant of land, or It-s occupancy, than is hereinbefore The PRESIDING OFFICER. The question is on the amendment provided. of the Senator from Georgia to the amendment. SEC. 3. That the said railway company shall pay for all pro:{lerty injured or de The amendment to the amendment was agreed to. stroyed by said company, and for all material taken and used m the construction operation, or repairs of said road and telegraph line, and shall take no such material . Mr. BROWN. Then, in section 4, line 3, I move to add "s" after except under contract with the proper authorities of ths Choctaw or Chickasaw "treasurer," so as to make it in the plural, and strike out "each of;" Nation, and according t~ the laws thereof: Pr0'11i(Ud, That before the co~strnction so as to read, "quarter-annually to the national treasurers of said of said road through any lands held by individual occupants according to the laws, customs, and uaages of said nations, full compenRation shall be made to such occu nations to be used for the benefit of schools therein." It is doubtful pants for all property to be taken or damages to them by reason of the construction as it now stands, whether it does not require the whole amount of of the said road and telegraph line. In case of failure to make amicable settlement! $750 to be paid to the treasurer of each of the nations. It is doubt in any case, either national or individual, such compensation shall be determined ful whether it does not double the amount really meant. The bill by appraisement of three disint~rested referees, one to be named by the Commis· Slonerof Indian Aftairs, one by the principal chief of the nation claiming damages, goes on and. provides afterward as to how the $750 a year shall be or to which the person claiming daniages belongs, and one by said company. This divided between the nations. provision shall also apply to all cases of injury to persons or property occasioned The amendment to the amendment was agreed to. by the construction or operation of said road and t.eJ.egraph line after the construc Mr. BROWN. In line 13 of section 5, after the word "telegraph," tion thereof shall have been commenced. Said arbitrators shall receive not exceed· ing $4 perdayforeach, with mileage not exceeding six cents per mile, and witnesses I move to insert "as designated in the first section of this act." shill receive the usual fees allowed by the courts of said nations. Costs shall be The amendment to the amendment was agreed to. made a part ofthe award, and be paid by the losing party. Mr. MAXEY. I suggest also, after the word "road," in line 4, In case of failure to pay such award, the Secretary of the Interior shall be, and section 5, the insertion of the words" in accordance with this act." is hereby, authorized to forbid the further passage of trains~ or the use of said right of way~ and to remove the agents and empioyes of saia compl).ny: from the Mr. BROWN. Yes, that should be done. lin:Uts of saia nations, as intruders under the intercourse laws of the Uruted States, The amendment to the amendment was agreed to. untilsnch time as payment shall be made by said coml?any. Mr. BROWN. In section 7, line 9, after the word" Choctaw," I And in addition t~ the foregoing the injured parties shall have the right of recourse to all legal remedies tnat may be applicable in like cases in the judicial move to strike out " and" and insert " or" so as to read H Choctaw tribunals; and consent is hereby given that the civil jurisdiction of the district or Chickasaw nation ; " and in line 8 of the same section, after the court of the United States for the western district of Arkansas, and such other word "line," to insert "by persons lawfully residing or doing busi court.s as may be established by authority of the United States, shall be extended ness in; " so as to read : within the territory: and limits of the Choctaw and Chicka a.w Nations, without distinction as to mtizenship of the parties, so far as may be necessary for the And said railway company agree to convey all passengers and to accept and enforcement of the provisions of this act. transport all freight that may be offered, and to bjj any freight which may be SEC. 4. That for and in consideration of the uses and grants aforesaid the said offered for shipment from points on said line by persona laWfully residing or doing business in the Chocktaw or Chickasaw nation to Chicago, &c. ti!-=:a~ ~:fs~f~~~f~~n~ft~r~=~lh~~~ ili:ti~ :re~~e:~~~o~~U:r said payments to be paid to the Chickasaws and three·fourths to be paid to the Mr. HOAR. Before that amendment is agreed to, let me ask is it Choctaws; and until the first of such payment-s be made, no right or power to proposed to establish in our legislation that under an act of Con enter upon said lands, except for the purpose of surveying and locating its line of gress persons are to have advantagesin their use of railroads in this road and telegraph, shall be acquired under the provisions of this act. SEc. 5. That within ninety days from the passage of this act the said company country by reason of their 1·esidence f shall accept the provisions of this act, and within thirty days thereafter the said Mr. BROWN. If the Senator will look at the bill he will see that company shall fix and determine the general route of its line of road in accordance CONGRESSIONAL RECORD-SENATE. l882. I 2519 with this :wt by filing with the Secret-ary of the Intetior a map of preliminary The PRESIDENT pro tempore. The question is on the amendment survey, and by :filing copies thereof in the offices of the principal chiefs of sain nations respectively; and thel'eafter no claim for a subsequent settlement and im of the committee. provement shall be valid as against the said right of way; and within one year Mr. BROWN. While the Senator from Michigan is preparing his from the date of the acce~tance of this act b:y said com~any as herein provided the amendment, I will make a short outline of the general statement of said company shall file With the Secretary o-,: the Intenor a map showing the defi this bill. It is a bill to grant a right of way to the Saint Louis and nite location of its line of roads and telegraph, and shall complete the said road and telep-a.ph, as designated in the first section of this act, through the lands of San },rancisco Railway Company from a point near Fort Smith in said nations within the further period of one year. Arkansas, through the Choctaw territory running in the direction of SEc. 6. That the said right of way shall not be settled upon by authority of said Paris, Texa-s, which is located some miles below the Texas line. The railway company by non-citizens of sa.J.d nations, except such employes of said road runs through the Choctaw territory, but there is an arrange company as are necessary to the successful operation of said railway and tele~ph line and their families: .Provided, That only agent.s, operators, employes, ann sec ment between the Chickasaws and Choctaws by whi_9h they hold in tion-men shall be exempt by reason of such employment from payment of permits common to some extent certain rights in the territory occupied by as required of other non-citize.ns of said nations. · each, as the right of royalty for coal mines and of royalty in timber SEc. 7. That no greater rates of fare or freight shall be charged in the Choctaw lands and matters of that character. The Choctaw Nation in this or Chickasaw Nation by said railway company than the lowest rate authorized by law in the States of Arkansas and Texas, or either of them, for services or business case, as we claim, have granted a charter by their legislature giving of the same kind; and said railway company a~ to convey all passengers and their consent to the right of way. The Chickasaws came forward, to accept and transport all freight that ma:y be offered, and to bill any freight and before a committee of the Senate made objection to the charter, which may be o:fferea for shipment from ~omts on said line in the Choctaw or because they claimed that they had not been consulted on the sub Chickasaw Nations to Chicago, with the pnvile~e of stoppin~ said freight at Saint Louis by the shipper on the same terms as if tne bills had oeen made for Saint ject. The Choctaws agreed to take 2,000 per annum, to be used for Louis in the first mstance. a school fund in perpetuity, for the right of way through the terri Sxc. 8. That said company shall provide a sufficient number of tracks to do the tory. The Chickasaws came here and claimed one-fourth of that business that may be offered, and shall permit any railroad company to have the money. The Choctaws did not positively deny that the Chickasaws rights of user of 1ts main tracks and sidings by the payment of a fu:ed charge as rental therefor. The maintenance of superstructure, trlWks, depots, and other had some such right in their territory, but they denied that the buildings and appurtenances, and of stations and operating expenses and such Chickasaws had a right to have anything to say about whet.her they other expenses as may be imposed by la,v, shall be based upon the wheelage of as Choctaws would consent to a road to run across the territory oc such tralDS as may nm over said road, each company paying such prvportion as its wheelage shall bear to the total wheelage passing over said road. The rental shall Cllpied bythem alone and not by the Chickasaws. To be very care be a fixed charge in addition to maintenance of road, and shall be detennined by ful that we did the Indian no injustice, the committee, after due mutnal agreement, or, in case of disagreement, by arbitrators, each party choos consideration, determined to add$1,000 per annum to the amount to ing one such arbitrator, the third to be chosen by the others appointed, wnose de be paid in perpetuity for the right of way, making it $3,000 instead cision upon all points respectin~ such rental shall be final. Each company enjoy ing the right of user as aforesa.1d shall pay for any 3.11d all danlages to the pro]Jerty of 2,000, which the Choctaws agreed to take. And we specify in of the llllttion or individuals caused by the nmning of its own trains. If said com the bill that this shall be divided, one-fourth to the Chickasaws and panies shall disagree as to damages aforesaid, all disagreements shall be settled three-fourths to the Choctaws, so that really the Choctaws get $2,250 and determined oetween them by abitration, as providoo in case of rental. per annum for their right of way instead of 2,000, which they agreed SEc. 9. That the said railroad company shall execute a bond to the United States, to be filed with and approved by the Secretary of the Interior, in the penal sum of to take, and the railroad company is also required to pay the Chick $500,000, for the use and benefit of the Choctaw and Chickasaw Nations to cover asaws $750 in addition to the amount paid to the Choctaws. any and all damages which may accrne by reason of the failure of said railway There wa-s a question, I should state, raised before the committee com_pany to compfy with all or any of the provisions and conditions of this act. as to whether, in fact, the Choctaws ever. consented that this right Said bond shall be good and valid against said company, its successors and assigns, and shall be renewed at the expiration of every five years, and whenever~ in the of way should be granted across their territory. They have certi judgment of the Secretary of the Interior, a renewal of the same shall be neemed fied under the broad seal ofthe Choctaw Nation that they did so grant it. necessary for the protection of the interests of the Indians or of the United States. The question was raised, however, whether they legally gave that SEC. 10. That if within ninety days after the passa~e of this act the company consent, and evidence was introduced with a view to show that on aforesaid shall fail to accept the conditions herein specified by a resolution of its board of directors, certified to and filed with the Secretary of the Interior, or shall the passage of the measure in their house of representatives there fail within one year from the filing of the acceptance of its charter to file its map was a tie vote, that the speaker of the house voted to make the tie of definite location in accordance with this act with the Secretary of the Interior, vote. There was further evidence at the same time that this was the or shall fail to construct its road within the time and as herein before provided, then all the 1'ights of said company under this act shall thereupon cease and detennine, first time the speaker ever had voted to make a tie. The attorney and the Secretary of the Interior shall so declare; and thereUP.on the Secretary of general of the nation has certified that the passage of this bill was the Interior shall give a consent in writing to the Chicago, Texas and Mexican in accordance with the usage of the nation; in other words, that the . Central Railway Company, a corporation I take it then for granted, under these authorities, that the Indians very heavy royalty on a.ccount of the coal which is mined in the Ter-· inhabiting a portion of the territory of the United States, holding ritory, which is now needed in the a In a note the ·author says: · The PRINCIPAL LEGISLATIVE CLERK. It is proposed to add to sec- This right of resumption may be exercised not only where the eafety but also tion·ll the following additional proviso: " ' where the interest or even the exvediency of the State is concerned; as where the And provided further, That any railroad company enjoying the rights conferred land of the individual is wanted for a road, ·canal, or other public improvement. · by this act shall construct and maintain continually all roads and highway cross ings and necessary bridges over said railway, whenever said roads orhi~hwaysdo There is then a reference to page 281, 'where I find the following: now or may hereafter cross said railway's right of way, or may be by the proper It must be conceded, under the authorities, that the State may grant exclusiye authorities laid out across the same. franchises-like the right to construct the only railroad which shall be built between certain terminl; or the only bridge whichahall be permitted over a riv~r Mr. CONGER. That is the usual provision in all State laws on the between specified limits; or to ovm the only ferry which shall be allowed at a certain subject, and I ask that it may be adopted. point;. but the grant of an ~xclusive P:iv:fl.ege will not prevent the L~gisla~nre from The PRESIDENT pro tempore. Does the Senator from Michigan -exercising the power of eu;unent domam m respect th~re~. Franchises, like.every other thing of value, and m the nature of property, Wlthm the Siaw, are subJeCt to desire to have the amendment printed and considered to-mo1-row' this power, and any of their incidents may be t.aken away, or themselves alto Mr. CONGER. I supp_osed there would be no objection to the ·gether annihilated by means of its exercise. And it is believed that an express amendment. :agreement in the charter, that the power of eminent domain should not be so ex.er Mr. BROWN. As I stated when I was first on the floor, I do not ·Clsed as to impair or affect the franchise granted, if not void as an agreement be yond the power of the Legislature to make, must be considered as only a val~able object to the· amendment-of the Senator from Michigan. I believe portion of the privilege secured by the grant, and a'i! such liable to be appropnated it is the usual provision in every railroad charter that the railroad under the power of eminent doma.in. company is to keep in good condition the crossings of public high The exclusiveness of the ~rant and the agreement against interference with it, ways which pass over the railroad. I think it is a very appropriate if valid constitute elements m its value to be taken into account in assessing com pensati'on; but appropriating the franchise in such a case no more violates the ob provision. ligation of the contract than does the appropriation of land which the State has Mr. CONGER. If there is no objection to the amendment, I ask granted under an express or implied agreement for quiet enjoyment by the grantee, that it may be adopted now. but which nevertheless may be taken when the public need requires. All grants are subject to this implied condition; and it may w,.ell be worthy of inquiry, whether The PRESIDENT pro tentpore. The question is on agreeing to the the agreement that a franchise granted shall not afterwards be appropriated, ca.n amendment of the Senator from Michigan to the amendment of the have any other or greater force than words which. would make it an exclusive fran committee. . chise, but which, notwithstanding, would not preclude a subsequent grant on mak The amendment to the amendment was agreed to. ing compensation. The words of the grant are as much in the way of the grant of .a conflicting franchise in the one case as in the other. Mr. CONGER. There is one other amendment that I wish to offer. Mr. MAXEY. I thought I had the floor: but I was mistaken. Then the author makes extracts from Professor Greenleaf's Cruise :Mr. CONGER. I had the floor and yielded to the Senator from on Real Property, from which I will1·ead a short paragraph: Georgia to make some remarks while I was preparing the amend Powers of the form~r class are essential to the constitution of society, as with ments. I do not insist on occupying it, however. out them no political community can well exist i and necessity requires that they Mr. MAXEY. I was not aware the Senator had the floor, but of course should continue unimpaired. They are intrusteu to the Legislature to be exercised, not to be bartered away; and it is indispensable that eacb Legislature should as I shall not insist on it. semUle with the same measure of sovereign power which was held by its pred& The PRESIDENT pro tempore. The Senator from Texa-s was rec cessors. Any act of the Legislature disabling itself from the future exercise of ognized. Does he yield·the floort powers intrusted to it for the public good must be_void, being in effect a covenant CONGER.• The Chair will remember that the Senator from to desert its paramount duty to tbe wbole people. It is therefore deemed not com Mr. petent for a Legislature to covenant that it will not, under any circtimstances, open Georgia asked leave to make some remarks while I was preparing another avenue for the public travel within certain limits, or in a certain term of these amendments. time ; such covenant being an alienation of sovereign powers wd a violation of The PRESIDENT pro tempore. The Chair did not so understand. public duty. He supposed the Senator from Michigan was preparing the amend On page 283 the atithor says : ments, but the Senator from Geor~a had the floor upon the bill. It would seem, therefore, to be the prevailing opinion, and one based upon sound Mr. CONGER. Very well. I will not interfere. I have one other reason, that the State could not barter away, orm any- mannerabridgeorweaken, amendment that I wish to offer. In line 19 of section 13 of the amend any of those essential powers which are inherent in all ~overnments, and the ex ment of the committee, after the word "trains," I move to insert: istence of which in full vigor is im~rtant to the well-bems: of organized society; and that any contracts to that end, being without authonty, cannot be enforced To the company owning the franchise hereby granted, whenever such company under the provision of the national Constitution now under consideration. has been required to pay the same under the provision!! of this a~t. From the extracts already read from this author it is very clear Tho PRESIDENT pro tempore. The Senator from Texas [Mr. that he lays down the doctriJJe distinctly and forcibly that the Legis MAxEY] has the floor. lature representing the sovereign power has no authority to barter Mr. MAXEY. Mr. President, I am indebted to the courtesy of the away the right of eminent domain, or to bind itself by any contract Senator from Massachusetts [Mr. HOAR] for laying a-side temporarily not to exercise that right in the future, and it applies to all grants the bill in his charge, which had precedence of all other business of of every character. As an illustration, if Congress grants a right the Senate, in order that the bill now before the Senate might be of way through a Territory to a railroad company, and the public taken up and considered. I should not have made that appeal to necessity afterward requires it, Congress has the power to take that his courtesy but for the fact, first, that I was deeply impressed with charter from the company and grant it to another on paying just the importance of the bill now under consideration; and secondly, compensation. In other words, the right of eminent domain is made impressed with the necessity for speedy action upon it. · to cover all cases of property of the character I have been referring The bill has been twice reported favorably from the Committee on to, no matter what the property is. Whether it be corporate rights, Railroads. The first time the original bill .was reported favorably, a right to an exclusive privilege to construct a road between two and upon the request of a member of the committee it was recom points, or whatever else it may be, if the pul1lic interest requires the mitted, he not having been present at the time the original bill was 1·esumption of that grant and its exercise for a different purpose, considered by the committee. The bill was reconsidered, and after Congress has a right in all cases within the territory of the United the most careful, thorough, and searching investigation of all the States to resume the rights it has granted and confer jurisdiction facts and circumstances, the necessity of the case, and the power of elsewhere by paying just compensation. Congress in respect to the matters embraced in the bill, the commit I say, then, that the Indians have no higher riuht than our own tee reported the substitute which has been read, which is practically people have when they occupy the territory of the United States, the same as the original bill so far as the purposes of commerce even if they had a positive fee-simple grant to the tenitory, to claim are concerned, with additional provisions of benefit to the Indians, exemption from the exercise of the right of eminent domain. If limiting somewhat the right of w_ay and depot grounds, and increas Congress were to barter away the right at one session, it at the next ing the obligation of the railroad company. The substitute under session is bound to exercise it if the public good requires it, notwith consideration, reported by the committee, is accepted by the friends standing the contract that Congress may have previously made. of the measure in lieu of the original bill. The great object sought In this case, however, there is no possible hardship to the Indians to be accomplished, the grant of the right of way, is retained in the of either the Chickasaw or the Choctaw Nation. We are dealing substitute as it wa-s found in the original bill. liberally, fairly, and justly with them, and in e~her view of the I hold that wherever a power is granted to Congress by the Con case I see no reason why this charter should not be granted. stitution, and the necessity is made manifest for the exercit;e of that As I have already said, my health is very feeble, and I do not ex power, it then becomes a bounden duty of Congress to exert speedily, pect to remain in the Senate until the discussion of this bill is con wisely, constitutionally, and efficiently the power which is lodg~"ll cluded. As I had it in charge, however, as a member of the Commit in it. It therefore becomes important in this matter to inquire as tee, I felt it my duty to present an outline of the case. I shall now to the power of Congress to pass this bill, and as to the necessity in turn it over to the able and honorable Senators from the State of the event the power exists. Texas, and such other Senators as thirik proper to discuss the ques In respect to the importance of the bill, the commercial needs for tion. the road contemplated, I call the attention of the Senate to the fact Mr. MAXEY. .Mr. President, I am indebted to the Senator from that the Legislature of the State which I in part represent, on the Massachusetts-- 21st of February, 1881, passed resolutions instrnctins- her Senators Mr. CONGER. I gave way for the remarks of the Senator from and requesting her Representatives to do what they JUStly could in Georgia, and I wish now to offer two amendments to the bill. favorofthe passageofsuchameasure as that nowpending. On the The PRESIDENT p1·o tempore. Does the Senator from Michigan 8th of February, lSI:H, the Board of Trade of the city of Dallas passed wish the floor f resolutions requesting like action. On the 16th of December, 1b81, Mr. CONGER. I ask that the amendment which I send to the the mayor and council of the city of Paris passed resolutions urging Chair may be read. the support of the Texas Senators and Representatives of this im The PRESIDENT p1·o tempore. The amendment will be read. portant measure. Why is it that the Legislature of the State of 1882 . . C01iGRESSIONAL RECORD-SENATE. 2523 Texas and these two important towns in that State should appeal Cherokee Nation and Georgia. It is needless to go through with all to their Senators and Representatives to use what influence they that; but there arose a conflict between the State of Georgia and mi~~;khonorably exert in Congress for the passage of a bill like this f the Cherokee Nation as to the extent of the laws of Georgia over that I t · I can make that plain. nation. The Cherokees then came as a foreign nation to the Supreme In 1865 the State of Texas had, all told, three hundred and thirty Court of the United States and filed a motion against the State of one miles of railway. To-day it has over five thousand miles of rail Georgia restrainin~ that State from the enforcement of certain of her road, fully equipped and in running order. It ha-s increased its expor laws within the limits of the Cherokee Nation, which motion was tation of cotton until to-day it is the largest cotton-producing State supported, of course, by a bill. It was upon the trial of that motion in the Union. It is the largest cattle producing State, and it is that the status of the Indiau nations was d~itely fixed as they second in wool growth. It nearly doubled its population between related to the United States Government. Wliat was in the bill, I 1870 and 1880 as shown by the census, and her membership in the beg to ask7 The bill upon which this motion was based- House of Representatives of the next (Forty-eighth) Congress will Set forth the complainants to be "The Cherokee Nation of Indians, a foreign be increased from six to eleven. No State ever advanced more state, not owing allegiance to the United States, nor to anl. State of this Union, nor to any prince, potentate. or State other than their own. ' rapidly in wealth, population, :railroad~:~, material development, and That from time immemorial, the Cherokee Nation have composed a sovereign commercial importance. and independent state, and in this character have been repeat-edly recognized, These facts establish that the rapidly expanding and increasing and still stand recognized by the United States, in the various treaties subsisting commerce ofthatgreat State should have an outlet to the commerce between their nation and the United States. (5 Peters Reports, 3.) of its sister States of the Union. It should have an outlet to the Under the judiciary clause of the Constitution, if they had Leen commerce of the world through her Gulf ports, and it should have an independent foreign nation they could have brought suit against a commerce by railroads with her sister States. By reference to the the State of Georgia. They claimed so to be, and they brought ouit map I hold in my hand, it will be seen that there are but two rail in the Supreme Court againsttheStateofGeorgia. Then the que tion roads lead,ing from Texas to the city of Saint Louis, which is to-day so was presented squarely before the Supreme Court, the most august important to the St.ate of Texas and with which city that State has judicial tribunal in the world, in my judgment, Is the Cherokee an annual commerce amounting to many million dollars. There are Nation a sovereign and independent Nation 7 Is it a foreign state t from Saint Louis leading into the Stat.e of Texas, as I say, but two Thus that beautiful and interesting case was presented to the Su railways. One goes down through Southeast Missouri and the State preme Court of the United States, and that court, the leading opinion of Arkansas, entering into Texas at Texarkana. The other runs being delivered by Chief-Justice Marshall, reeognizing what they down throu~h the Indian Territory into Texas at Denison. In order regarded as the wrongs which had been perpetrated against the to get to Samt Louis by rail from any portion of the State we must Cherokees, yet for not one moment did they lose sight of the legal go over one or the other of these roads. relation or the legal status existing between the United States and The purpose of the bill is to give an additional or thil·d route con the Cherokee Nation. The Chief-Justice says in referring to the necting the commerce of the State of Texas with the city of Saint Cherokees: Louis and with the States and cities north and east, and her ever They occupy a territory increasing commercial needs demand it. By an examination of the Mark the words- map it will be found that the Saint Louis and San Francisco Railroad to which we assert a title independent of their will, which must take effect in has already a completed road through Missouri and down through point of possession when their right of possession ceases. Meanwhile they are Seligman and Fayetteville, Arkansas, and is rapidly moving on m a state of pupilage. Their relation to the United States resembles that of a toward Fort Smith on the western line of the State of Arkansas, ward to bis gua,rdian. which is also the eastern line of the Choctaw Nation. But the com Bear in mind that when this opinion was delivered these Cherokees merce which would come down that road designed for the State of were upon the original soil which they and their forefathers had Texas, unless this bill passes, cannot pass over into the State of occupied from time immemorial; yet it is asserted here that we claim Texas, because the Choctaw Nation intervenes between the objective the superior title, but the possession will go along with that para point of that commerce, which is by the city of Paris and from thence mount title whenever their possession from any cause yields. But . by the various railway ramifications completed and projected through what furtherT out the State. They look to our Government for protection; rely upon its kindness and its Let us observe the matter further by an examination of the map. power; appeal to it for relief to their wants; and address the President as their 'l'hereiRTexarkana, [indicatin~;] there is the Saint Louis, lrtmMount great father. They and their country are considered by foreign nations, as well ain and Southern Railroad, [mdicating,] leading into Texas from as by ourselves, as being so completely under the sovereignty and dominion- Saint Louis, at Texarkana; and here is the Mis ouri Pacific, leading Mark those two powerful words- from Saint Louis to Texas at Denison, [indicating.] It will be found as being so completely under the soverei!mty and dominion of the United States that this red line, [indicating,] which represents the Saint Louis and that any attempt to acquire their lands, or to form a political connection with San Francisco roa.d, runnin)J through the Choctaw Nation, crossing them, would be considered by all as an invasion of our t~rritory- Red River, and thence to l'aris, is about runety-five miles west of Not theirs- Texarkana and about seventy miles east of Denison, and the pro and an act of hostility. {5 Peters R~ports,I7. 18.) posed continuations pa-ss down between the system of railways run That opinion, as I said, was delivered in 1831, when the Cherokees ning south into Texas from Texarkana and south into the State were living in tho State of Georgia. But there arose subsequent to from Denison, thus furnishing railway facilities to a large and most that, in 1846, a most interesting case in the country now occupied by fertile portion of the State, which now, in order to go to Saint Louis, the Cherokees; not that which they and their ancestors had occu New York, Boston, and so on, is bound t,o go east to Texarkana at a pied; not that in which were buried their ancestors, and in which largely increa-sed expense, or west to Denison at also an increased their children had been born and had been given in marriage, but in additional expense. a country across the great Father of Waters allotted to than by the It is clear, therefore, that so far as the occasion for the exercise of United States Government. '.fbe question arose in that case as to the the power IS concerned it is p1·esented. If we have the constitu relation of the Cherokee Nation to the United States, and what is tional power to pass this bill, there can be no question that there is said in that case as to the relation between the Cherokees and the a rea-sonable aml proper occasion for the exerciee of that power. The United States of course applies equally to the Choctaws and Chicka question must be settled. T~e bill provides fo~ grantin~ a right of ~aws, who live in the same neighborhood and on lands in the Indian way across the Choctaw Nation, from Fort Snnth to Rea River, for Territory allotted to them by the Uuited States. a road desi!!Iled to go on subsequently by projected connections What was that case t The honorable Senator who i presiding at farther south. The question arises as to the power of Congress to this moment [Mr. GARLAND in the chaiT] understands that case grant this right of way. That depends, first, upon the status or re prohably as well as he understands any cas~ in the entire range of his lation which the Indian nations bear to the United States Govern reading, because it occurred in one of the leading courts in his own ment. If·the United States have exclusive jurisdiction oft be Indian State. In that case a man by the name of Rogers, a native white Territory for administrative purposes, judicial purposes, and law man born in the United States, bad pa.ssecl over into the Cherokee making pur1)oses-every governmental purpo e-tben there can be Nation where they now are, had married a Cherokee woman, and by no question that Congress has the power. It then becomes impor her bad children. That man Rogers killed a man by the name of tant to look at the status or relation which the Indian Territory bears Nicholson, who was alao a native-born citizen of the United States to the United Stat~s. who bad voluntarily emigrated into the CberokeeNation, had married I will go back, if you please, to the case to which the Senator a Cherokee woman, and by her had Cherokee or mixed children. For from Georgia referred. It has stood as the exposition of the law of that killing of Nicholson Rogers was indicted in the United States the land for more than fifty years, and so far from being change(l by circuit court for the ~tate of ArkansaR, the Indian Territory having snbsequent decisions, all the cmTent run of decisions from that time been assigned for jurisdictional purposes to that State. 'Vho vre down to the present are in the direction of that great case of The pared the plea to the jurisdiction and other pleas for Rogers I do not Cherokee Nation. '1!8. The State of Georgia, decided in ll:l31, in which know; perhaps the Senator from Arkansas does. I can say that they Chief-Justice Marshall delivered an opmion which was concurred in were prepared with consummate skill. Whoever Roger's lawyer in separate opinions by Justice Johnson and others. was understood precisely what he wa doing and precisely l1ow to What were the facts of that case f The Cherokee tribe were then la.y every point in respect to the sovereignty, ifthere were any sov living within the geographical limits of the State of Georgia. They ereignty in the Cherokee Nation, before the court. were. holding themselves forth as an independent people and claimed The facts which I have recited were alleged, and by virtue of those that they were not under the control or the jurisdiction of the laws facts, that Ro~ers was a citizen of the Cherokee Nation, a naturalized made by the State of Georgia. There arose a conflict between the Cherokee Indian, that Nicholson, the man who was killed, was a ------~ 2524 CONGRESSIONAL RECORD-SENATE. APRIL 3, I citizen of the Cherokee Nation, a Cherokee by adoption ; therefore The case in 8 Wheaton to which I referred. That was in 1823, Rogers pleaded that-he was excepted by the proviso to the jurisdic when they came to the same conclusion: tional act of 1834 out of trial before the United States circuit court In Mackey vs. Coxe, it was held that the Cherokee coun~ was a territory of" of Arkansas, because the alleged offense was by one Indian against the United States within the meaning of this act. (11 Wallace Reports, 619.) anothert and those cla-sses, in the act of 1834, were excepted from trial Now, I want to mention one other point in this connection, and I in the Circuit court of Arkansas. That plea came up. Mr. Hemp am doing it in the right line of the law. I am endeavoring to follow stead, United States attorney, whom most men who live near to Ar the law, for I believe that I would be as fur from violating the rights kansas as I do know by reputation very well, demurred to the plea. of these Indians as any man on this floor. I ask in this case nothino The circuit court was divided, and the ca-se came upon a certificate of btit sheer, naked justice to Texas and the States she deals with, and division from the United States circuit court of Arkansa-s up to the for Congress to exercise a power which in my judgment it is its Supreme Court of the United States. There, you must bear in mind, bounden duty under the Constitution~ as I have endeavored to prove, the question arose as to the relation of the Cherokee Nation to the to exercise. United States. Did they have the power to naturalize a citizen and It need hardly be said that a treaty cannot change the Constitution br be held thereby to enable that man to throw off his natural allegiance to the valid if it be in violation of that instrument. This result from the nature and United States and take it up with the Cherokee people Y That ques fundamental principles of our Government. The effect of treaties and acts of Congress, when in conflict, is not settled by the Constitution. But the question is tion came up, and was one, I believe No. 3, of the questions which not mvolved in any doubt as to its ]>roper solution. A treaty may super ede a were certified up to the Supreme Court. Let us see what the court prior act of Congress, and an act of Congress may supersede a .\>rior treaty. In the saidin that case. The opinion was delivered by Chief Justice Taney. cases referred to these principles were applied to treaties With foreign nations. The court said : Treaties with Indian nations within the jurisdiction of the United States, what ever considerations of humanity and good faith may be involved and require their The country- faithful observance, cannot be more obligatory. They have no higher sanctity, The Cherokee country west of the river, right where they are and no greater inviolability or immunity from legislative invasion can be claimed now- for them. The consequences in all sucb cases give rise to questions which must be met by the political department of the Government. The country in which the crime is charged to have been committed is a part of the territory of the United States, and not within the limits of any particular Mr. HAWLEY. Will the Senator please give me the authorityt State. It is true that it is occupied by the tribe of Cherokee Indians. But it has Mr. MAXEY. The Cherokee· Tobacco Case, 11 Wallace. I read been assigned to them by the United States, as a. place of domicile for the tribe, and they hold and ocCUjlY it with the assent of the United States, and under their first the case of the Cherokee Nation vs. The State of Georgia, 5 authority.-Howard'a Reports, volume 4, pages 571, 572. Peters, and the next was the case of The United States t'B. Rogers, From the time that decision was delivered, or I might go back 4 Howard, and now I have read from 11 Wallace, the Cherokee further to the case of Johnson vs. Mcintosh, 8 Wheaton, 592, the Tobacco Case. opinion in which was delivered in 1823, and from that time down to But I go on with the question of occupancy, for it is necessary to start out right; it is necessary to show where this power is lodged, this present ~ood hour, the character of title which the Indians hold has been dec1ded by the Supreme Court of the United States to be and if I can lodge the power in Congress, then, under the theory a title in occupancy defeasible by an abandonment or by extinction, which I first laid down and tried to prove, that the power being and cannot be alienated to anybody or in favor of anybody save and lodged and the reason being made manifest for its exercise, it be except the United States; and going back to the case of the Cherokee comes a duty. In 19 Wallace, pages 592 and 593, United States vs. Cook, the Chief-Justice, delivering the opinion, says: Nation VB. the State of Georgia in 5 Peters, whenever their title be The right of the Indians in the land from which the logs were taken was that. comes extinguished or whenever they abandon the Territory, or of occupancy alone. They had no power of alienation except tO the United States. whenever we purchase their occupancy title, then; as was said there, The fee was in the United States, subject only to this right of occupancy. This. the possession of the United States is linked to and coupled with the is the title by which other Indians hold thell' lands. It was so decided by this fee, which has never been out of the United States. The theory courtasearlyas1823, inJohnsonvs. Mcintosh. Theauthorityofthatca ehasnever which controlled in respect to the fee long before the Constitution been doubted. The right of the Indians to their occupancy is as sacred a.s that of" the United States to the fee, but it is only a ri~ht of occupancy. The pos ses was adopted, is declared in this case to have been kept up and con sion, when abandoned by the Indians, attaches Itself to the fee without further tinued as the theory under the United States, and is so to-day, and grant. the doctrine of the subordination of the Cherokee Nation to the I think, therefore, I have made it manifest, if the decisions of the United States is reaffirmed in the case cited of United States vB. Supreme Court amount to anything, that the fee in the Indian lands. Rogers. is in the United States, the occupancy is in the Indians. I think I Let us go a little further. .All crimes are punished there except have made it plain also that the jurisdiction of the United States is. those which are committed by one Indian against another. By an exclusive over the Indian Territory as over all other Territories of this act of Congress they can try the offenses of one Indian against an country. On that last question in respect to the jurisdiction I want other Indian. It is by the exception which is embraced in the act to quote a few lines from Rawle, who with me has always been re of Congress that they have a right to try that class of offense. Bnt garded as good authority upon constitutional questions. In his View does not the jurisdiction of the United States go further than criminal of the Constitution of the Uruted States be takes up the que tiou of jurisdiction f It extends to every kind, character, and description of jurisdiction, and refers to the character of jurisdiction which we have jurisdiction. When the revenue laws were passed and an attempt was over the country ceded to the United States, not that which belonged made in the Cherokee Nation to establish a tobacco factory by Bou to the States or that held in common at the adoption of the Constitu dinot and others, that question sprung up, and is known in the tion, but that which was acquired after the Constitution was adopted. Supreme Court decisions as the Cherokee Tobacco Case. The Supreme after the Union was established. He refers to the character of that, Court of the United States decided in that case that the revenue and he says: laws in respect to whisky and tobacco went all over that country In these the subjects are limited, but a. general jurisdiction appertains to the the same as over other parts of the United States, and reiterated the United States over ceded territories or districts. doctrine ~t the title which they hold is a title by occupancy and l\Iark you, this Choctaw and Chickasaw country that wearetalk occupancy alone. In that case the Supreme Court said: ing about now is ceded country; it was a part of the great Louis The Indian Territory is admitted to compose a. part of the United States. In iana purchase made in 1803; itwasnotpartof the territory belonging all our geographical treatises, histories, and laws it is so considered. to the United States at the adoption of the Constitution, but was That is a quotation from thecaseofThe CherokeeNation VB. Georgia, acquired subsequently during the first administration of Mr. Jeffer some extracts from which I read just now, and then referred to the son. On that point Mr. Rawle says: case from which I read just now, The United States VB. Rogers, in 4 If the land at the time of cession is uninhabited except by the Indians, of whos& Howard: polity we take no account, it is in the power of Congress to make such regulations. In The United States vs. Rouers, Chief-Justice Taney, also speaking for the for its government as they may think proper. court, held this language: 11 It if our duty to ex-pound and execute the law as we At the time of that cession the country was unoccupied. In 1830, find it." under a treaty between the United States and the Choctaw Nation, That is my doctrine, sir, never to pass ontsicle of the law. Whenever the Choctaws were moved over into that country and it became occu I understand ita Zex scripta e.st I endeavor to follow it- pied by the Choctaws because it was allotted to the Choctaws by "It is our duty to expound and execute the law as we find itz..and we think it the United States, the title, the fee being in the United States by too firmly and clearly established to admit of dispute that the .mdian tribes re· virtue of the purchase from !!"'ranee during the administration of Mr ~ siding within the territorial limits of the United States are subject to their au Jefferson; and that being the case, Mr. Rawle says: thority." • If the land at the time of cession is uninhabited except by the Indians, of whos& There is no qualification upon that word "authority." polity we take no account, it is in the power of Congress to make such regulation.s. for its government as they may think proper. ".And where the country occupied by them is not within the limits of one of the States"- So much for that. On the question of jnrisdiction I will simply add that the United States under the Constitution have the power "Which ?-a the case right here we are now discnssing to establish post-offices and post-roads. The United States have ~~o:Fe!l!rb!Y~ ~)u~W~~~~banar~=!~e committed there, DO matter whether established post-offices all over the whole Indian Territory. The Choctaw, the Chickasaw, the Creek, the Seminole, and the Cherokee Not only you have jurisdiction for civil purposes, not only for ad Nations all have the benefit of postal facilities established by au ministrative purposes, but the higher class of jurisdiction where life thority of the United States Government, and in pursuance of the itself is involved: constitutional duty of the United States Government. It is also '.rhe subject, in its historical aspect, was fully examined in .Johnson vs. Mcln true that so guarded and jealous were these Indians about the value te.sh. of these post-offices that you will :find in the forty-fourth article of :t882. CONGRESSIONAL RECORD-SENATE. 2525 the treaty of l866 that the United States binds itself to establish "If this be the admitted meaning of the word in its application to foreign nations, it must carry the same meaning throughout the sentence and remain a J>OSt-offi~es in that country. We have Indian agents all over that unit,·nnless there be some plain, intelligible canse which alters it."' ·country; we have exercised jurisdiction by intercourse laws from ;time immemorial over all that country, and in every way that is 'Vhatever meaning is attached to the term" commerce with foreign •conceivable the United States have exercised jurisdiction over this nations," it has in respect to commerce among the States, and that it has in respect to commerce with the In1ian tribes. It does not 'Territory. I have shown that the fee is in the United States, the right of oc change and mean one thing as applied to foreign commerce, ahother ·cupancy in the Indians, and now I come to another constitutional thing as applied to commerce among the States, and another thing ·question. I take it that the Senate of the United States, a just as appliecl to commerce with the Indian tribes. It has the same meaning throughout, and whatever power Con~rress has in respect body, an enli~htened body, will perform its duty. The Constitution •of the United. States, in the eighth section of the first article, de to one branch of it, it bas as to every branch o? it, because, in the language of the Chief-Justice, it is a unit. Now I refer here to a clares: striking point in that remarkable and able decision: The Congres-s shall have power to regulate commerce with foreign nations, and .among the several States, and with the Indian tribes. But in regulating commerce with foreign nations the power of Congress does not stop at ihe jurisdictional lines of the several States. l:t would be a very use There has, perhaps, been no clause of the Constitution about which less power if it did. The commerce of the United States with forei~ nations is wore has been written ; there is no more important clause as respects that of the whole United States. Every district has a. right to participate in it. If Congress has the power to regulate it, that power must be exercised wherever .material interests probably in the Constitution; and any one who the snbject exists. If it exists within the States, if a foreign voyage may com· -will take the trouble to look into the debates of the convention mence or terminate at a port within a State, then the power of Congress may be -which framed the Constitution will see that the commercial regula- exercised within a State. -tions were regarded by the framers of the Constitution as among This principle is, if possible, still more clear when applied to comin.erce among the several States. They either join each other, in which case they are separated -the most import.ant duties which that convention had 1,1pon it in by a mathematical line; or they are remote from each other, in which case other framing a constitution. That question came up in a comparatively States lie between them. What is commerce among them, and how is it to be con· ·early period in the constitutional history of this country for final ad dncUd. i Can a trading expedition between two ·adjoining States commence and terminate ontside of each I .And if the trading intercourse be between two judication and settlement. It was presented, I think, as completely States remote from each other, must it not commence in one, terminato in the and fully as any case was ever presented in the history of the Supreme other, and probably pass through a third W Commerce among the States must, of ·Court of the United States in the great case of Gibbons vs. Ogden, necessity, be commerce within the Stat~s. In the regulation of trade with the reported in 9 Wheaton. Mr. Webster was of counsel, and the able Indian tribes, the action of the law, especially when tlie Constitution was made, ;and distinguished Chief-Justice Marshall presided, a man who has WllB chiefly within a State. The power of Congress, then, may be exercised within never, in my judgment, had an equal upon the bench as the chief the territorialjnrisdiction of the several States. justice of any court of last resort save and except one, certainly ·Mr. Rawle adds to that when he comes to the Indian branch of the none in this country, and but one elsewhere. What were the facts case: in that great case which has stood from 1824 to this present good In respect to commerce with the Indian tribes, we are to adopt the same broad hour, strictly adhered to, and every attack which has been made interpretation- ·upon it only brings out its wisdom and its strength in constitutional You cannot divide it. The Supreme Court savs it is a unit. It is 1aw more practically l They were few and simple. Robert R. Liv a unit, for it is all one sentence, separated only ·by commas. ingston and Robert Fulton had obtained from the Legislature of In respect to commerce with the Indian tribes, we are to adopt the same broad interpretation, bnt it is applicable only to independent tribes. "New York the exclusive right to navi~ate with vessels propelled by steam the waters within the jurisdictiOn of the State of New York. The Chickasaws and Choctaws are independent tribes. Whatever boats could run by steam on those waters within the It is immaterial whether snch tribes continue seated within the boundaries of a State, inhabit part of a Territory, or roam at large over lands to whioh the United jurisdiction of New York must be under Livingston and Fulton or States have no claim; the trade with them is in lill its forms subject exclusively to by their sanction. They had a monopoly under these acts of the the reeulation of Con~s, and in this particular also we trace the wisdom of the Legislature of New York of the plying ofthe watersofNewYorkby ConstJ.'tution, The Indians, not distracted by the discordant regulations of differ .steam-vessels. ent States, are tauldlt to trnst one great bOdy, whose jnstice they respect and Mr. Gibbons had two little steam-vessels, one called Stoudinger, whose power they fear. .and the other Bellona, I take it very small and insil!nificant vessels Now, Mr. President, I put the case directly here. I represent in ·..as compared with the magnificent steamships whic'h now cross the part a brreat State rapjdly growing and increasing in wealth, in pop ..Atlantic. He went to the proper custom-house and had these two ulation, and in power, its commercial power expanding as that of no vessels regularly enrolled and licensed to ply in the coasting trade other State in this Union ever has from the foundation of the Gov between Elizabethtown in New Jersey and .other points in New ernment to the present time. We have commerce with other States lying north of us and northeast of us amounting to many millions of ...J. ersey, and the city ofNew York, covering a distance of abouty twenty miles. When he got up to the city of -New York be was met there dollars. There is direct trade between the town in which I live and by Ogden. Ogden by assignment became entitled towhatever rights to which this road is directed and Saint Louis, New York, Bpston, .Livi~~ston and Fulton had under these acts of the Le~islature of and the mills of New England. Right in that town New England :New :rork. Ogden tookoutaninjunctionandenjoinedG1bbonsfrom mills have their agents permanently located to buy the cotton which J>lying on the waters within the jurisdiction of the State of New is raised in that Red River country, and that cotton is shipped di York, because, as he claimed, it was a violation of his exclusive char rectly from that country to the mills in New England. The trade between Texas and New England amounts to thousands of bales of ter p1;vileges1 and that injunction was granted by the proper court -of New. York, and it went up step by step until it went to the court cotton. The trade with New York is very great. The Indian Ter ~laim to any territory west of the one hnndredth degree of west longitude, and, there was no such rule in the Choctaw house as the gentleman quoted. alsoJ to make provision for the permanent settlement within the Choctaw conntry of tne Wichita and certain other tribes or bands of Indians, for whioh purpose I did not know that he was then quoting it literally, but if he did he the Choctaw and Chickasaws are willing to lease, on reasonable terms, to the made ~ mistake. United States. that portion of their common territory which is west of the ninety The Speaker shall have a. casting vote in cases of a tie. eighth degree of west longitude. That is the way the rule reads there. Congress made an appropriation and ran the dividing line between Mr. MAXEY. I said that if the Honse of Representatives of the the Choctaws and Chickasaws, and it has been the dividin~ line ever United States Congress had a rnle which gave the Speaker a casting since. The Choctaws and Chickasaws then leased to tne United vote in case of a tie, under that clause of the Constitution which. States all that country between the ninety-eighth degree and the gives each House the power to make its own rules, I should regard one hundredth degree, since which time Congress has bo~~ht out it as a matter of very great·don bt, one that an outsider of the Honse their right of occupancy and the Choctaws then yielded au claim, I think wonld have great difficulty in saying they did not have the whatever it might be, to the country west of the one-hundredth de right to make such a ru1e; but in the Choctaw council they have a gree west longitude, and so the Choctaws haveoccnpied the country rule called their rule 21, which says: which was assigned to them from that day to this, and the Chicka saws have occupied the country assigned to them from that day to The speaker shall have a casting vote in case of a tie. this, and neither ha.s interfered iB. any way whatever with the do As a matter of course the ordinary maxim applies here, expressio mestic affairs of the other. Each has its own laws, ibs own governor 'U1~ius est exclusio alterius; expressing the time and occasion when he or principal chief, its own Legislature, and its own courts, and neither can vote excludes the idea that he can vote at any other time or on interferes with the other. any other occasion. This road, aa it will be seen by an examination of the map, goes Mr. HOAR. Is not the Speaker of the House a member of the right through the Choctaw Nation and nowhere else. It does not Houset come nearer than fifty miles of the country occupied by the Chicka Mr. MAXEY. Certainly. · saws. Mr. HOAR. Can a rule of the House take away the constitutional Now, on that point another question springs up. I have shown or lawful right of any member to vote by assigning him a particnlar that this road passes over the lands occupied by the Choctaw and no duty! others, and the right of eminent domain is complete within the Uni Mr. MAXEY. If the Senator can find anything in tlie Constitu ted States, and if the necessity exists there as laid down in all the tion or laws of the United States which requires the Choctaws to authorities that power must be exercised in the interest of regulat have a constitution, to have a senate, to have a house, or to have a ing commerce among the States and with the Indian tribes. So much judiciary, he can find something that I have not seen. for that. Mr. HOAR. I was not speaking about them. The law of the But I have heard it intimated by some that inasmuch as the vote United States certainly authorizes them to elect representatives. in the house of representatives of the Choctaw council was nine for They have a constitution of their own, or a quasi constitution. the bill, without the speaker's vote, to eight against it, the speaker When a person is elected how can a rule of the body take away the had a right to vote, and with his vote, makirig a tie, the bill was author~}{f;en by the very constituency that created the bodyf lost. I call your attention to what was said by Rawle, that so far 1\Ir. Y. As I stated before, there is nothing in the Consti- as the polity of the Indian nations was concerned we have nothing tulion of the United States or in the laws of the United States which to do with it. We do not pretend to regulate it. None of the acts requires the Choctaws to have a council, to have a legislature, or which have given to the Indian nations a righ to settle matters be to have courts. I start ou that; that cannot be disputed. Now I tween Indian and Indian point out how it is to be done. It is to be will begin at that point. done as they think proper, not as we think proper. But outside of There is nothing in the action of the Choctaw council, whate-v-er that, do they follow a good sound authority in the course they took 7 that action may be, that violates tho Constitution, or violates the In Cushing on the Law and Practice of Legislative Assemblies I find: laws of the United States. All ri~ht. The State of Texas came into 300. m. The duties of a presiding officer are of such a nature, and require him the Union with a large number other people owning lands held un._ to possess so entirely and exclusively the confidence of the assembly, that, with der Mexican and Spanish grants. There is a whole series of ca es certain exceptions, which will presently be mentioned, he is not allowed to exer now in the Supreme Court where the supreme court of the State of cise any other functions than those which properly belong to his office; t.hat is to Texas construed the Spanish law under which those titles were held say, he is excluded from submitting~rovositions totheassembly, from participat ing in its deliberations, ind from voting. in a certain direction. The State of California had a like Spanish Then he goes on and gives the exceptions, and he puts the ca.se: law, under which titles were held there, and the supreme court of California construed that law precisely the reverse of the construc And when the assembly is equally divided on any question it is not only the rif!ht but also the duty of the presidfug officer to give a casting vote. tion placed upon it by the supreme court of Texaa. And the Supreme Court of the United States said there being nothing in their decis All through the whole of this work the same doctrine prevails. ions violating the Constitution or laws of the United States, they 304. It was very early demanded that the speaker of the House of Commons let the Texas decisions stand, and they let the California decisions. should not only vote when the house was equally divided and give a casting vote, stand, because the people themselves had a right to construe their but that he should also vote when, there bein~ only a lll.ajority of one, hiS vote, if given with the minority, would make that stde equal With tile other, and then own laws. decide the question on that side. But this claim was disallowed and has not hith Apply that principle here. There is a law of the Choctaws which erto been renewed in Enuland. In this country it has been maintained, on plausi says that on disputed questions the matter shall be left to the attor ble gronnds ...... tha.t a presi'aing officer who is also a memberha{).aright to vote on all ner-general, who is authorized to give instruction to the principaJ. occasions. JjUt the claim is inadmissible. chief, and the principal chief submits that, and he replies in accord Then he quotes in a note from D'Ewes's Journals in the latter days ance with that act of their Legislature of October, 1861, that from of Elizabeth's Parliaments fully sustaining the text. time immemorial it haa been the rule among their people that the Mr. H.A. WLEY, May I ask the Senator a question just there f I presiding officer shall not have a vote except in the case of a tie ; that wish to ask whether it is not true that in the House of Representa it has been always understood that the Speaker has no vote except tives of our Congress the Speaker always claims and frequently ex in case of a tie, and the records show that the speaker has never ercises the right to vote, no matter what the state of the vote in the voted except in case of a tie. This is the custom and usage of our affirmative or negative t country, and this rule 21, which says that he shall give a casting Mr. MAXEY. We went along as to the right of the Speaker to vote in case of a tie, is simply carrying out the customs and usages vote, and so far as I have ever been able to fuid out there never was of our country. So says the Choctaw attorney-general; but, so far any attempt on the part of the Speaker to cast a vote except in case as I am concerned, it would with me make_no difference whether the of tie until comparatively recently. I know that it is claimed that Choctaws had given their consent by a general act or how they had Speaker Macon did it. Those who make that statement have not given it, so that Congress was satisfied it had been given. That examined the record. Speaker Macon, in 1803, when the twelfth wou1d settle the question. amendment was before the House, and the ctuestion was whether it But, sir, the principal chief of the Choctaw Nation has sent up here should or should not be submitted to the States for ratification, it re under the broad seal of the Choctaw Nation a certificate that that bill quiring, of course, two-thirds of the House to carry it, the vote stand did pass both houses in due form of law, and thatitisalaw. There ing 42 against sending the amendment to the States and 83 for it, was no protest filed, there wa~ no snit instituted by anybody to enjoin Speaker Macon voted for sending the amendment to the States, wak and inhibit and restrain the principal chief from signing that law and ing 84, making the exact two-thirds, which was the precise vote'that proclaiming it, although it was well known that he intended to do he would have given had the vote stood 42 for and 42 against in a it. There were no steps taken. It was signed in due form of law, it case of the ordinary majority rule. But my proposition is that, what waa sent here, anditishereto-day, with the papers in this case, under ever may be the case in the House of Representatives of the United the seal of the Choctaw Nation, du1y and solemnly certified. I remem States, ·it has nothing whatever to do with the case we are now dis ber very well when gentlemen here were not willing to set aside the cussing. Had the House of Representatives made a ru1e that the official action of a State, under the seal of the State, signed by the Speaker should vote in case of a tie and not otherwise, under that governor and countersigned by the proper secretary of State. This power in the Constitution which says that each House shall pass rules is signed by the governor, it is countersigned by the national secre fot its own Government, I know of nothing which would override tary, and appears under the broad seal of the Choctaw Nation, and that rule under the constitutional power of each House to make rules there is no pretense of fraud made in any manner known to legisla for its own Government. But the power of the House of Representa- tive or judicial proceedings. I assume, therefore, that that certificate tives, as stated before, is not the question. · · is conclusive of the question. Mr. HAWLEY. l\Iay I be permitted once more t I think that But I now go further than that. I lay this down: either the Choc- 2528 CONGRESSIONAL RECORD-HOUSE. APRIL 3, taw council did grant that right of way, or they did not ; they did The PRESIDING OFFICER. J?oes the Senator from Iowa yield pass that bill, or they did not. There is no middle ground. They for that purpose t :either passed it or they did not pa-ss it, and for all tne purposes of 1\Ir. ALLISON. I want to hear what the bill is. the law it makes not the slightest di.:.ff.erence whether they passed 1\Ir. SAUNDERS. A bill to establish an assay office in Omaha. It it or did not pass it. The result in law is exactly the same. How f is a bill reported without amendment, and it will not take five min .Let us see. The application was made, tha.t is not disputed, and utes to pass it. with the sanction of the Interior Department, and if the Choctaw Mr. MORRILL. That bill was not reported favorably from the council approved of that bill then we have their consent. If they Committee on Finance. 1 ·did not, then it was presented to them, and it was rejected. Take The PRESIDING OFFICER, (Mr. GARLAND in the chair.) The bill -that position. It is for us to look at it, and see if the bill on its face will be read. was fair, if it was just, if it was honest, and then it is for us to say The Acting Secretary read the bill (S. No. 113) to establish an whether or not Congress, notwithstanding their having refused to let a say office in the city of Omaha, in the State of Nebraska. it, will permit the commerce of this country to be stopped because The PRESIDING OFFICER. The bill is reported by the Commit -they say we cannot go through their territory with it. I would ask tee on Mines and 1\Iining. Is there objection to the present consid in the case of Gibbons vs. Ogden, did the Supreme Court ask Mr. eration of the billY Ogden whether Gibbons could take his two little stern-wheelers from Mr. PLUMB. What is thenecessity for it f Elizabethtown to the city of New York f Did they ask the Legisla Mr. SAUNDERS. The necessity is this: it is probably known to ture of that Empire State of the Union which had given the exclusive all the Senate that, as a matter of fact, the largest establishment in ;privilege and power to the assignors of Ogden whether or not this the United States in the way of separating silver is in Omaha. They man should go from Elizabethtown to New York City with his two have a market there for their silver, some of which is sent to New stern-wheelersf Not one bit of it. . Orleans for mint purposes, as well as for separating and for mechan I am presenting this point simply as a question of law. As a ques ical purposes, but they have no right or authority, and no one is au ·tion of fact I have not a doubt that the act passed the Choctaw thorized by the Government to a-ssay or fix any value on their silver. ~Council in pursuance of their law, and the certificate of the principal If j;here is necessity for an assay office at any place in the country, chief is with me conclusive. probably it is there. We are willing to take a part of the building that Whenever it becomes the duty of Congress to regulate commerce now belongs to the Government, some rooms in the building, and use ~ong the States and with the Indian tribes, and a fair opportunity them for this purpose. The building expense is not to exceed 10,000 is given and they fail or refuse to give their consent, the law devolves to start with. If there is necessity at any place in the country, it the power and duty upon Congress precisely as much as if they had would be where the largest business is done of any other establish- given it. It makes no difference in law one way or the other. When ment in the United States. ... a. great State in the exercise of its right of eminent domain grants a Mr. PLUl\IB. This is a pretty large question. When the Govern charter for a railway because the public good demands it I ask if ment buys any bullion it has to pay transportation on it". Why property-holders along the line of that road are asked whether or should not the people in Omaha send their own bullion to New not the Legislature shall exercise the right of eminent domain. And York, Philadelphia, or New Orleans, as well as other people send the precise power which the State has within its bounds the Con theirs f We are making little obstructions to the Government busi gress has over the Territories. That is a new, that is a novel posi ness every time we establish an assay office. The fact is the people tion never heard before, in my judgment, in a court-house or a. legis at Omaha have their own assayers. They would not take the assay lative hall, that consent must :fiist be had. You do not ask the of the Government office under any circumstance whatever. It is property-holder whether or no you will exercise the right of eminent of no possible value to them, except to bring them a market for domain· you ask the question, does the public good demand it, and their particular product. You might as well have an assay office at then, whether the property-holders agree or disagree, that property every mining camp in the United States as to have one there. You is condemned; the right of eminent domain is exercised; just compen might just as well have one wherever there is a smelter. You are sation is given; you pay the people for their land, but as to the right establishing these little Government concerns all over the country to condemn the land, the right to exercise the power of eminent do M very great expense. They will be made the basis for a. demand for main, it does not depend in the slightest degree upon the will of the a mint some of these days where no mint is necessary. It might as holders of the land over which the road is to pass. well be stopped now, in my jadgment, aB at any other time. There Mr. ALLISON. I ask the Senator to yield that I may move that is no more necessity for one there than at any c:»e>ss-roa.d.s in the State the Senate proceed to the consideration of executive business. of Nebraska. I object, if an objection will be effectual. Mr. MAXEY. I am perfectly willing to yield to that motion. I The PRESIDING OFFICER. An objection prevents the consider have been somewhat diverted by interruptions. I had hoped to con ation of the bill. clude this evening but I find I cannot do it. EXECUTIVE SESSION. The PRESIDIN(} OFFICER. Will the Senator from Iowa with Mr. ALLISON. I insist on my motion that the Senate proceed to hold his motion temporarily to allow some business on the table to the consideration of executive business. be disposed off The PRESIDING OFFICER. Before pntting the motion the Chair Mr. ALLISON. Certainly. will lay before the Senate the unfinished business, which is the bill HOUSE BILLS REFERRED. (S. No. 613) to fix the day for the meetin~ of the electors of Presi 1'he bill (H. R. No. 814) making Saint Vincent in the State of dent and Vice-President, and to provide for and regulate the count Minnesota. a port of entry in lien of Pembina. in the Territory of ing of the votes for President and Vice-President, and the decision Dakota, was read twice by its title, and referred to the Committee of questions arising thereon. on Commerce. • The question is on the motion of the Senator from Iowa. The bill (H. R. No. 5655) relating to certain lands in Colorado within The motion was ap-eed to; and the Senate proceeded to the con .the reservation lately occupied by the Uncompahgre and White River sideration of executive business. After thirty-three minutes spent :Ute Indians was read twice by its title, and ordered to lie on the table. in executive session the doors, were reopened, and (at five o'clock and thirty-five minutes p.m.) the Senate adjourned. INTERIOR DEPARTMENT OFFICE ACCOMMODATIONS. The PRESIDENT pro tempore appointed Mr. VEST a. conferee on the ·part of the Senate on the disagreeing votes of the two Houses on the bill (S. No. 1361) to provide additional accommodations for the Depart ment of the Interior, in place of Mr. JONES, of Florida, excused. HOUSE OF REPRESENTATIVES. EXECUTIVE COMMUNICATION. MONDAY, .April 3, 1882. The PRESIDENT pro tempore laid before the Senate the following message from the President of the United States; which was referred The House met at twelve o'clock m. Prayer by the Chaplain, Rev. to the Committee on Appropriations, and ordered to be printed: F. D. POWER. Po the Senate and HOUBe of .RepTesentanves: The Journal of Saturday last was read and approved. I transmit herewith for the consideration of Congress a letter from the Secretary of the Interior, in which he sets forth the necessity which will exist for an appro FREE IMPORTATION OF NATURAL 1\flNERAL WATERS. priation for the payment of the commissioners to be appointed nnder the recent ~Ir. KASSON. I have here a petition si~ned by Dr. Gross, Dr. act of Cong'!ess entitled "An act to amend section 5352 of the Revised Statutes of Toner, Dr. Bowditch, and 920 other physicians of the country, in the United States, in reference to bigamy, and for other purposes;" and a.lso for the payment of the election officers to be appointed by said commissioners. favor of the free importation of natural mineral waters. I ask In this connection I submit to Congress that, in view of the important and re unanimous consent that the heading of the memorial be printed in sponsible duties devolved upon the commissioners under this act, their compen· the RECORD, and that the memorial be referred to the Committee on sation a.t$3,000per annum, as provided therein, should be increased to a. sum not Ways and Means. less than $5,000 per annum. Snch increased compensation, in my judgment, would secure a higher order of There was no objection; and it was so ordered. .ability in the persons to be selected, and tend more effectnally to carry out the The memorial is as follows : .objects of the act. CHESTER A. ARTHUR. To the honorable the Senate ana HOUBe of Representatives EXECUTIVE MANSION, April 3, 1882. Qj the United States of America in Oongrus assembled: Yotn' memorialists, members of the medical profession in various cities of this ASSAY OFFICE AT OMAHA. country, respectfully present this their petition, and pra.y that the same may be considered at an early day. · Mr. SAUNDERS. I wish to ask the Senate the privilege of taking It is rumored that a proposal is to be made to Congres& to impose a d".lty on iJu. -.up at this time Senate bill No. 113. ported natural mineral waters, and we take 1his early opportUnity to lay before 1882. CO~GRESSIONAL RECORD.:_HOUSE. 2529 Congress our views on the subject, in hopes that as guardians of the health of the TESTIMONY IN CONTESTED-ELECTION CASE. public our opinion may be deemed pertinent and competent on the subject. During the last few years the attention of the medical profession in ~eneral has The SPEAKER laid before the House additional testimony in the been directed to the examination of natural mineral waters, and it has been uni contested-election case of Smith vs. Shelley, from the fourth Con versally recognized that they are extremely valuable and in many ca-ses necessary gressional district of Alabama; which was referred to the Commit as medicinal agents. The natural mineral waters of Europe do not interfere in any way with our domes tee on Elections. tic mineral waters. If the former are excluded from this country in consequence ORDER OF BUSINESS. of a high import duty it would, in many instances, seriorrsly embarrass the medical profession. For it is well known that artificial mineral waters do not answer the Mr. Mc:\IILLIN. I call for the regular order. same purpose as the natural mineral waters. In support of this view we could The SPEAKER: The_regular~rderiscalled for. To-daybein~ Mon bring many authorities, but we think it sufficient to qrrote Sir Henry Thompson, day, the fir t busmess rn order lS the call of States and Terntories one of the leading medical men of En~land, who, in one of his lectures says : for the introduction of bills and joint resolutions for printiltg and "You will t.herefore readily understand how essential to onr end it is to employ the natural mineral waters, since what are called' artificial waters,' however admir reference to their appropriate committees. During thiM call memo ably prepared, are simply pharmaceutical products, and are destitute of the very rials and resolutions of State and Territorial Legislatures and reso quality which distmguishes the remedies they are designed to imitate." lutions calling for executive information are in order for reference. The necessity of cheapenin,:t the natural mineral waters is so thoroughly recog nized in all European countries t.hat even where every import is taxed, natural JAMES N. CA.RPE:I\TTER. mineral water is not only free of import duty but the bottles in which the water is imported are also admitted free of duty, and this even where such bottles, if l\Ir. GUNTER introduced a bill (H. R. No. 5585) for the relief of imported empty or filled with other liquids, are liable to duties. James N. Carpenter ; which was read a first and eecond time, referred Independent, however, of all these arguments, we maintained that for the same to the Committee on War Claims, and ordered to be printed. reason for which the bark which yields quinine is admitted free of (luty, the forei~ na1iural mineral waters should enjoy a. like privilege, in order that they may oe CHARLES MURPHY. made available to all classes. Mr. BERRY, by request, introduced a bill (H. R. No. 5586) for the We respectfully and earnestly pray that onr petition may be considered at an early day. relief of Charles :Murphy; which wa~ read a first and second time, 1\fiSSISSIPPI LEVEES. referred to the Committee on Claims, and ordered to be printed. SHIPPING COMMISSIONERS. Mr. SINGLETON1 of Illinois. I desire to present at this time a memorial of 5,000 citizens of Missouri and Illinois upon the subject Mr. ROSECRANS introduced a bill (H. R. No. 5587) to amend soc of the :Mississippi levees. I ask that the memorial be printed in the t,ion 4594, title 53, chapter 6, of th~ Revised Statutes of the United RECORD, and referred to the Committee on Commerce. States, and.for other purposes; which was read a first and second The SPEAKER. Should it not be referred to the Committee on time, referred to the Committee on Commerce, and ordered to be Levees and Improvement of the Mississippi River' printed. Mr. SINGLETON, of Illinois. I think not; I think it relates lo l'r~G AND INDUSTRIAL EXPOSITIOY, COLORADO. commerce. Mr. BELFORD introduced a bill (H. R. No. 5588) to admit free There was no objection, and·it was so ordered. of duty articles intended for the National Mining and Industrial The petition is as follows: Exposition to be held at Denver, in the State of Colorado, during To the honorable Senate and House of Represmtativea in Oongreas tUsemblea: the year 1882; which was read a first and second time, referred to Yonr petitioners would respectfully represent that they are residents of Han the Committee on Ways and Means, and ordered to be printed. cook, Adams, Pike, and Calhoun Counties, in the State of illinois, and of Marion, Ralls, and Pike Counties, of the Stat.e of Missouri. HENRY H. STUTS:\f..L.'Il. That they, from private means only, have constructed over seven~ miles of levees, which when maintained holds the waters of the Mississippi R1ver in its Mr. BELFORD also iutroduced a bill (H. R. No. G58()) granting a channel, and by so doing it has deepened the channel for the entire distance. That pension to Henry H. Stutsman ; which was read a first and second it has removed the greatest obstruction to navigation between Saint Louis and time, referred to the Committee on Invalid Pensions, and ordered to Keokuk, Iowa, and that if maintained it will keep this channel open and render navigation easy and safe, by holding and compelling a large body of water to keep be printed. and remain in the channel. That the maintenance of this work would be the most THOl\fA.S DAILEY. diredt, ei\Sy, and cheap means for the General Government to improve and deepen the channel of the river; to let it go out, to abandon it, would cost the GQvern :Mr. MILES introduced a bill (H. R. No. 5590) for the relief of ment a very large sum of money to construct work that would produce the same Thomas Dailey; which was read a first and second time, referred to grand results. That this work, when maintained, reclaims from overflow about the Committee on Military Affail:s, and ordered to be printed. one hundred and forty thousand acres of land, which contributes to the wealth of commerce and the General GQvernment an amount unsurpassed by any equal ISAAC E. PALMER. number of acres of agricultural lands in the Unit.ed States. :Mr. PHELPS introduced a bill (H. R. No. 5591) for tbe relief of The people resident on these lands have exhausted their means to the last dollar in the maintenance of these works, without aid from the Government, either State Isaac E. Palmer; w:itich was read a first and second time, referred te or :aational, or from any gther source. That on A pril18, 1876, and from time to time the Committee on Patents, and ordered to be printed. since, thetle works in part have been broken through by the river, and this vast territory of otherwise wealthy, producing farms has been flooded, sweeping away JACOB A.. HENRY. the accumulations of years of honest toil. That by the breaks in these works by Mr. CULLEN (by request) introduced a bill (H. R. No. 5592) for the floods of October last, the final work of devastation was accomplished, and this people are now, and have been, since that time, as destitute and every way the relief of Jacob A. Henry; which was read a first and second time, as unable to repair these works as the people of the overflowed diRtrict of the Lower referred to the Committee on Claim3, and ordered to be printed. Mississippi River are to-day. Your petitioners believe that Congress bas the un doubted power to improve the navigation of the Mississippi River in such manner COMMON SCHOOLS. as it should deem be-st, and that by repairing the levees and confining the waters :Mr. SHERWIN introdueed a bill (H. R. No. 5593) to aiu in the sup of the river in its natural channel, this object would be accomplished. We join with our breihren of the Lower M.ississ!J>pi River in an earnest request for such port of common schools; which was read a first and second time, re appropriation as may be necessary to this end. ferred to the Committee on Education and Labor, and ordered to be But we most earnestly and solemnly protest against any appropriation from the printed. national Treasury for the benefit of the people of one section of the country, while ANNA B. BRAHLER. others, equally meritorious. are wholly unprovided for. Mr. HEILMAN introduced a bill (H. R. No. 5594) for the relief of ALCOHOLIC LIQUOR TRAFFIC. Mrs. Anna B. Brahler; which was read a first and second time, referred Mr. WILLIAMS, of Wisconsin. I have here the petition of G. ,V. to the Committee on Invalid Pensions, and ordered to be printed. Lawrence and 36others, citizens of Janesville, Wisconsin, askingthe appointment of a commission upon the alcoholic liquor traffic. I ask LA. WRIE T A.TUl\I. that the body of the petition be printed in the RECORD, and that the Mr. FARWELL, of Iowa, introduced a bill(H. R. No. 5595) for the petition be referred to the Select Committee on Alcoholic Liquor relief of Lawrie Tatum; which was read a fust and second time, Traffic. referred te the Committee on Indian Affairs, and orderedto be printed. There was no objection, and it was so ordered. CORYELIUS CLARK. The petition is as follows : To the United States Senate and House of Bepresent JAMES MOLESWORTH. rendered the Distlict of Columbia; which was re~d a first and Mr. K.A.BSON also introdnced a bill (H. R. No. 5600) granting a pen second time, referred to the Committee on Accounts, and ordered to sion to James Molesworth; which was read a first and second time, be printed. referred to the Committee on Invalid Pensions, and ordered to be SAl\IUEL S. SMOOT. printed. Mr. MANNING (by request) also introduced a bill (H. R. No. 5615) INTERSTATE COMMERCE. for the relief of Samuel S. Smoot; which was read a first and sec Mr. UPDEGRAFF, of Iowa, introduced a bill (H. R. No. 5G01) to ond time, referred to the Committee on Claims, and ordered to be establish a board of commissioners of interstate commerce ; which printed. wa-s read a first and second time, referred to the Committee on Com DONATION OF C.A...'INO:Y, DOVER, NEW HA.I'fl>SHIRE. merce, and ordered to be printed. .Mr. HALL introduced a bill (H. R. No. 5616) to donate four con CHARLES R. WHITE. demned cannon to Charles W . Sawyer Post No. 17 of the Grand Army of the Republic, of Dover, New Hampshire; which was read a firtit Mr. HASKELL (by request) introduced a bill (H. R. No. 5602) to restore to the pension-roll the name of Charles R. White ; which was and second time, referred to the Committee on Military Affairs, and read a first and second time, referred to the Committee on Invalid ordered to be printed. Pensions, and ordered to be printed. APPELLATE JURISDICTION SUPREME COURT. GEORGE W. ATKINSOX. 1\Ir. ROBESON (by request) introduced a bill (H. R. No. 5617) to modify the appellate jurisdiction of the Supreme Court of the United :Mr. HASKELL (by request) also introduced a bill (H. R. No. States, and for other purposes ; which was read a first and second 5603) granting a pension to George \V. Atkinson; which was read a time, referred to the Committee on the Judiciary, and ordered to be first and second time, referred to the Committee on Invalid Pensions, printed. and ordered to be printed. BOQUET RIVER1 NEW YORK. DESTRUCTION OF PROPERTY BY MISSISSIPPI FLOODS. Mr. HAMMOND, of New York, introduced a bill (H. R. No. 5618) 1\Ir. ROBERTSON introduced a joint resolution (H. R. No. 184) for the survey of the Boquet River in the towns of Essex and Wills appropriating $15,000 for a statistical report on the destruction of borough, county of Essex, State of New York, for the improvement property in the Mississippi Valley by the flood of 1882; which was read of its navigation; which was read a first and second time, referred to a first and second time, referred to the Committee on Appropriations, the Committee on Commerce, and ordered to be printed. and ordered to be printed. HE}\"RY HERMAN. WILLIA...'I\I HENRY. .Mr. KETCHAM introduced a bill (H. R. No. 5619) for the relief of Mr. KING introduced a bill (H. R. No. 5604) granting a pension to Henry Herman; which wa-s read a first and second time, referred to William Henry; which was read a first and second time, referred to the Committee on Ways and Means and ordered to be printed. the Committee on Invalid Pensions, and ordered to be printed. 3 AMERICAN GROCER ASSOCIATION, NEW YORK. BRIDGES A~JROSS BLACK RIVER, ETC. 'Mr. KETCHAM also introduced a bill (H. R. No. 5620) for there Mr. K.ING also introduced a bill (H. R. No. 5605) authorizing the lief of the American Grocer Association of the City of New York; construction of bridges across Black R.iver, Little River, Red River, which was read a first and second time, referred to the Committee on and Sabine River, in the State of Louit~iana; whlch was read a first the Post-Office and Post-Roads, and ordered to be printed. and second time, referred to the Committee on Commerce, and ordered to be printed. · WILLIAM H . M1l'l:IA.HON. FRANCIS Tll\O:IONS. Mr. CROWLEY introduced a bill (H. R. No. 5621) granting an in Mr. WILLIS introducecl a bill (H. R. No. 5606) for the relief of crease of pension to William H. McMahon; which was read a first Francis Timmons; which was read a first and second time, referred and second time, referred to the Committee on Invalid Pensions, and to the Committee on War Claims, and ordered to be printed. ordered to be printed. EDMUND WOLF. LOSS OF PROPERTY AT MADISON BARRACKS. Mr. TALBOTT introduced a bill (H. R. No. 5607) for the relief of Mr. YOUNG introduced a bill (H. R. No. 5622) for the relief of the Edmund Wolf; which was read a first and second time, referred to officers and men of the United States Army who suffered loss by fire the Committee on \Var Claims, and ordered to be printed. at Madison Barracks November 6, 1876; which was read a first SURVEY OF MANOKL.""f RIVER, MARYLAJ.""fn. and second time, referrecl·to the Committee on Military Affairs, and ordered to be printed. Mr. COVINGTON presented a joint resolution of the Legislature JEREMIAH BROWN. of the State of Maryland asking a survey by the General Govern ment of Manokin River from its mouth to Princess Anne, with a Mr. RITCHIE introduced a bill (H. R. No. 5623) to remove the view to its improvement; which was referred to the Committee on charge of desertion from the military record of Jeremiah Brown; Commerce, and ordered to be printed. whlch was read a first and second time, referred to the Committee . on Military Affairs, and ordered to be printed. RINALDO AND ANN E. JOfu'ISOX. Mr. CHAPMAN introduced a bill (H. R. No. 5608) for the relief of MARY J. BURLEY. Rinaldo Johnson and Ann E. Johnson; whlch was read a first and 1\Ir. RITCHIE also· introduced a bill (H. R. No. 5624) for the relief second time, referred to the Committee on \Var Claims, and ordered of Mary J. Burley; which was read a first and second time, referred to be printed. to the Committee on Invalid Pensjons, and ordered to be printed. DONATION OF CONDEMNED CANNON. GEORGE W. SMITH. Mr. BOWMAN introduced a bill (H. R. No. 5609) donating con Mr. DAWES introduced a bill (H. R. No. 5625) granting a pension demned cannon to the town of Stoneham, in Massachusetts; which to George W. Smith; which was read a first and second time, referred was read a first and second time, referred to the Committee on Mili to the Committee on Invalid Pensions, and ordered to be printed. tary Affairs, and ordered to be printed. COPYRIGHTS. PROFESSORS OF MATHEMATICS, NAVY. Mr. NEAL (by request) snbmitted a resolution of inquiry relative Mr. MORSE introduced a bill (H. R. No. 5610) to amend the acts to the appointmentofprofessorsofmathematics in theNavy; whlch concernin~ copyrights; which was read a first and second time, re- was referred to the Select Committee on Reform in the Civil Service. ferred tot e Committee on the Library, a.p.d ordered to be printed. DISTRICT OF COLUl\'IBIA. JACOB ZAHN. Mr. NEAL (by request) also introduced a bill (H. R. No. 5626) to Jlli·. WASHBURN (by request) introduced a bill (H. R. No. 5611) amend sections 9, 10, and 11 of an act approved June 11, 1878, enti granting a pension to Jacob Zahn ; which was read a first and second tled "An act providing a permanent form of government for the Dis time, referred to the Committee on Invalid Pensions, and ordered to trict of Col urn bia ; " which was read a first and secend time, referred be printed. to the Committee on the District of Columbia, and ordered to be MARY M. FRISBY. printed. M:r. W ASHBURN(byrequest) also introduced a bill (H. R. No. 5612) DAVID FLYNN. granting a pension to Mary M. Frisby; which was read a first and Mr. McCLURE introduced a bill (H. R. No. 5627) gmntlng an in second time, referred to the Committee on Invalid Pensions, and crease of. pension to David Flynn; which was read a first and second ordered to be printed. time, referred to the Committee on Invalid Pensions, and ordered to L.u.'D GRANTS, NEW MEXICO. be printed. Mr. MANl\TJNG (by request) introduced a bill (H. R. No. 5613) to HEIRS OF CLIFFORD ARRICK, DECEASED. confirm certain land grants in the Territory of New Mexico; which Mr. HENDERSON (by request) introduced a bill (H. R. No. 5132 , ) was read a first and second time, referred to the Committee on Pri for the relief of the heirs of Clifford Arrick, deceased; which wnli '\7-ato Land Claims, and ordered to be printed. read a first and second time, referred to the Committee on Patent , DANIEL DONOVAN. and ordered to be printed. Mr. MANNING (by request) also introduced a. bill (H. R. No. 6614) JOSEPH H. BLAZER, !or payment to Daniel • van fo1: additional labor a.n s rviees !1·, \YARD introduced a bill (H. R. No. 6629) forthe reliefofJoeeph 1882. CONGRESSIONAL RECORD-HOUSE. 2531 H. Blazer; which wM read a first and second time, referred to the RECORDS OF CERTAIN ARMY OFFICERS. Committee on Invalid Pensions, and ordered to be printed. l\lr. BROWNE introduced a uill (H: R. Nq. 5G43) to fix the rl.ate of LIGHT, ERIE HARBOR, PENNSYLV ANlA. en try into the military service and to correct t,he rocorll tlf officers Mr. WATSON introduced a bill (H. R. No. 5630) to erect· a light now in the regular A:rmy who served as officers of volunteer ; which on the mainland at the harbor of Erie, Pennsylvania; which was was read a first and second time, referred to the ColllJllitte~ on Mili read a first and second time, referred to the Committee on Com tary Affairs, ancl ordered to be printed. merce, and ordered to be printed. GERVIN & BIETRY. BRIDGE ACROSS MISSISSIPPI RIVER, MEMPIDS, TE...~SSEE. Mr. ELLIS introducecl a bill (H. R. No. 5644) for the relief of Gar Mr. MOORE introduced a bill (H. R. No. 5631) to authorize the vin & Bietry; which was read a first and second time, referred to construction of a bridge across the Mississippi River at Memphis, the Committee on the Judiciary, and orflered· to be printed. Tennessee; which was read a first and second time, referred to the JO~ LESHER. Committee on Commerce, and ordered to be printed. Mr. CALKINS (by request) introduced a bill (H. R. No. 5645) to PUBLIC DEBT. grant an increase of pension to John Lesher; which was read a first Mr. ATKINS introduced a bill (H. R. No. 563'"~) authorizin.g the and second time, referred to the Committee on Invalid Pensions, and Secretary of the Treasury to apply the surplus revenue in the Treas ordered to be printed. ury to the payment of the public debt; which was read a first and H. & ll. RETh""ERS. second time, referred to the Committee on Ways and Means, and Mr. BLISS introduced a bill (H. R. No. 5646) for the relief of H. ordered to he printed. & H. Reiners; which was read a first and second time, referred to B:EmtY SL.~O~. the Committee on Claims, and ordered to be printed. Mr. FUL~RSON introduced a bill (H. R. No. 5533) for the relief of Henry Sinon ; which was read a first and second time, referred to W. H. AKINS .Al\"'1> J.D. FELTHOUSEN. the Committee on War Claims, and ordered to be printed. Mr. BLISS (by request) also introduced a bill (H. R. No. 5647) for the relief of William H. Akins and Jacob D. Felthousen; which was AMENDMENT OF THE RULES. read a first and second time, referred to the Committee on Patents, Mr. MILLS submitted the following proposed amendment of the and ordered to be printed. Rules; which was read and referred to the Committee on Rules: LA.J..~DS SUBJECT TO TAXATION. Resolved, That the thirty-fourth rule of the Honse shall hereafter read aa fol lows: Mr. ANDERSON introduced a bill (H. R. No. 5648) to declare cer "The persons hereinafter named, and none oiher, shall be admitted to the Hall tain _lands subject t.o taxation; which was read a first aud second of the House or rooms leading: thereto, namely: the President and Vice-President time, referred to the Committee on Pacific Railroads, ancl ordered to of the United States and thell' private secretaries, judges of the Supreme Court, be printed. members of Congress and members elect, centes•nts in election cases during the MISSISSIPPI RIVER DIPROVEMENT. pendency of thell' cases in the House, the Secretary and Sergeant-at-Arms of the Senate, heads of Departments, foreign ministers, governors orStates, the Architect Mr. HATCH. I ask unanimous consent to present the petition o·r of the Capitol, the Librarian of Congress and hiS assistant in charge of the law citizens of Illinois and Missouri, asking an appropriation for the im library, such persons as have by name received the thanks of Congress, and clerks of committees, when business from their committee is under consideration; and provement of the navigation of the Mississippi River by repairing the it shall not be in order for the Speaker to entertain a request for the suspension levees and confining the water of the river in its natural channel. of this rule, or to present from the chair the request of any member for unanimous I desire the petition shall be referred to the Committee on Commerce, consent." to accompany the petition offered by the gentleman from Illinois INSPECTION OF A...i.~MALS FOR FOOD PURPOSES I~ THE DISTRICT. [Mr. SrnGLETONJ this morning on the same subject. Mr. HOGE (by request) introduced a bill (H. R. No. 5634) to pro There was no objection, and the petition wa-s referred to the Com vide for the care and inspec~on of all animals to be slaughtered for mittee on Commerce. food purposes in the District of Columbia, and to incorporate the JOHN ll. RAY. Washington Stock Yard, Abattoir and Rendering Company; which Mr. VANCE introduced a bill (H. R. No. 5649) for the relief of John was read a first and second time, referred to the Committee on the H. Ray; which was read a first and second time, referred to the Com District of Columbia, and ordered to be printed. mittee on "\Var Claims, and ordered to be printed. ADOLPH WIEDEBUSCH. ALONZO TRIM. Mr. WILSONintroduced·a hill(H. R. No.5635) granting an increase 1\Ir. MURCH introduced a bill (H. R. No. 5650) granting a pension of pension to Adolph Wiedebusch; which was read a first and second to Alonzo Trim; which was read a first and second time, referred to time, referred to the Committee on Invalid Pensions, and ordered to the Committee on Invalid Pensions, and ordered to be printed. be printed. JAMES MURRY. RICHA.RD GO YIN. 1\fr. MURCH also introduced a bill (H. R. No. 5651) granting vet Mr. GUENTHER introduced a bill (H. R. No. 5636) for the relief eran bounty to James l\Iurry; which was read a first and second of Richard Goyin ; which was read a first and second time, referred time, referred to the Select Committee on the Payment of Pensions, to the Committee on Invalid Pensions, and ordered to be printed. Bounty, and Back Pay, and ordered to be printed. GEORGE HURLBERT. E!\TFORCEMJL.~ OF EIGHT-HOUR LAW. Mr. DEUSTER introduced a bill (H. R. No. 5637) for the relief of George Hurlbert; which was read a first and second time, refeiTed l\lr. 1\fURCH also submitted a resolution of inquiry in regard to the to the Committee on Invalid Pensions, and ordered to be printed. enforcement of the act of June 25, 1838, constituting eight hours a day's work for all laborers, mechanics, and workmen employed by TERRITORIAL LEGISLATURES. the Government of the United States; which was referred to the Mr. OURY introduced a bill (H. R. No. 563B) to provide for addi Committee on Education and Labor. tional members of the legislatures of the several Territories and an increase of pay to the members and officers thereof; which was read ADMIXISTRATIO~ OF ESTATES. a first and second time, referred to the Committee on the Territories, 1\fr. JONES, of Texas, introduced a bill (H. R. No. 5652) to amend and ordered to be printed. the laws of the District of Columuia; relating to the administration of the estates of deceased persons; which was read a first and second TERRITORIAL REPRESE]ITATION. time, referred to the Committee on the Judiciarv, and ordered to he Mr. OURY also introduced a bill (H. R. No. 5639) to amend section printed. • 1862, title 23, of the Revised Statutes of the United States; which KIRK W. NOYES. was read a first and second time, referred to the Committ.ee on the Mr. BURROWS, of Michigan, introduced a bill (H. R. No. 5653) Judiciary, and ordered to be printed. for the relief of Kirk W. Noyes; which was read a first aml second GR.A.NVILLE 8. ARNOLD. time, referred to the Committee on "\Var Claims, and ordered to be Mr. PETTIGREW (by request) introduced a bill (H. R. No. 5640) printed. granting a pension to Granville S. Arnold; which was read a first KATE Al\l~'N. and second timet referred to the Committee on Invalid Pensions, and l\lr. HOLl\IAN introduced a bill (H. R. No. 5634) granting a pen ordered to be prmted. sion to Kate Amann; which was read a first and second time, referred PUBLIC BUILDIXGS, }l,"fEWPORT, KENTUCKY. to the Committee on Invalid Pension , and ordered to ue printe(l. Mr. CARLISLE introduced a bill (H. R. No. 5641) to provide for ORDER OF BUSDrnSS. the erection of a public building in the city of Newport, Kentucky; "The SPEAKER. The call of States for the introduction of bills which was read a first and second time, referred to the Committee and joint resolutions is now completed. on Public Buildings and Grounds, and ordered to be printed. OVERFLOW OF l\11 SISSIPPI RIVER. COMPENSATION OF INTEfu~AL-REVENUE GAUGERS. 1\Ir. KING, by unanimous cuu ent, submitted the following reso Mr. KELLEY introduced a bill (H. R. No. 5642) to define the lution; which was rea Mr. HASKELL. Mr. Speaker, I ask the gentleman from Colorado will be made by the Interior Department, but in the case of the few to yield to me for a moment. s~attered settlers, Congress propo ·es to make an agreement the price Mr. BELFORD. I will with pleasure. sha,ll be 1.25 per acre. M1·. HASKELL. Mr. Speaker, it will be recollected that a year or Mr. HOLMAN. Have the Ute Inuians agreed these lands shall be two ago we made a treaty or agreement with these Ute Indians by apprai eel at $1.25 per acre T which they were to surrender the greater portion of their reservation, :Mr. HASKELL. They agreed they should be appraised by the and in lieu of it were to take an appraised valuation of the land, were Government, and they may be appraised at ten cents au acre. to be locateu upon severalty selections, and to be provided with food, Mr. SPARKS. They agreed to the appraisement according to this schools, &c. The cost of the maintenance of these Indians was to methodf • come out of the proceeds of the sale of their lands; that is, the pro Mr. HASKELL. They agreed the lands should be appraised by ceeds were to be reserved to their use for the payment of the cost of the Government. maintaining them, supporting their schools, building their cabins, Mr. SPARKS. The gentleman will allow me. They have agreed and making necessary improvements, and any surplus after provid substantially to this: that the Government of the United States shall ing for these purposes was to be paid over to the Indians. take these lands together with others, appraise them, and put into Now, here is a ten-mile strip of land that was settled upon before the Treasury to their credit the proceeds of the sale. Of eourse they the settlers knew it was within the Ute reservation. There are only could. not fix any precise amount per acre. a few of these settlers. Afterward, when the lines were run, it was Mr. HARRIS, of New Jersey. Is this restrictive in its operation found that the land was within the limits of the Ute reservation. to those who settled prior to the surveyY Now, this bill simply provides that these settlers upon those lands Mr. HASKELL. It is. who have made homestead entries may be allowed to stay on the Mr. HARRIS, of New Jersey. I do not think so. land and pay for it at the rate of 1.25 per acre. Why is this pay The SPEAKER. The House will come to order. The time for ment required of them t Because we agreed that the Inili ans should debate has expired. be the beneficiaries of the sale of the lands; and if these settlers Mr. HOL}IAN. Let the bill be again reported. were allowed to homestead the lands the Indians would get nothing. The bill was again read. Now, we propose to provide that these men who have gone on the The question recurred on Mr. BELFORD's motion to suspend the lands ignorantly and without malice, with the intention of home rules and pass the bill. steading them, shall be allowed, not to homestead them, because The House divided; and there were-ayes 93, noes 26. that would be wrong to the Indians, but to pay for the lands at the Mr. HOLMAN. There should be a quorum on this bill. rate of $1.25 an acre, the money thus paid to be turned over to the Mr. SCALES. If in order, I should like to move its reference to fund for the benefit of the Ute Indians. · the Committee on Indian Affairs. 1\ir. HOLl\IAN. Now will the gentleman allow me a question 7 The SPEAKER appointed Mr. BELFORD and Mr. HOLMAN as Mr. HASKELL. In a momer:t, when I have finished my state tellers. ment. The Honse again divided; and the tellers reported-ayes 136, This is not a general bill, to allow every settler upon that strip of noes 11. land to pre-empt the land-not at all. All the land not settled upon So (two-thirds having voted in favor of the motion) the rules were at the time the lines were run is to be appraised, to be sold under suspended, and the bill was passed. the appraisement, and the proceeds to go to the benefit of the Indi CROW L~IANS OF 1\IO~TANA. ans. Now, in all probability the appraisement of the lands subject to homestead entry-for mineral lands are not subject to homestead Mr. MAGINNIS. I move that the rules be suspended and the bill entry, they are provided for under other rules-will show hundreds (S. No. 768) to accept and ratify the agreement submitted by the and thousands of acres of them to be less valuable than$1.25 an acre. Crow Indians of Montana, for the sale of a ,portion of their reserva But this bill, as to the few parties upon the land, compels the pa.y tion in said Territory, and for other purposes, and to make the neces ment of 1.25 an acre; it does not allow the settlers to homestead. sary appropriations for carrying out the same, be taken from the Speaker's table and passed. Mr. HOLMAN. Now I wish to ask whether or not 1 his bill is con fined to settlers under the homestead law T Is not that carefully The bill was read, as follows : avoided in the framing of the hill t That is my first question. The Wbereas certain individual Indians and heads of families representing a majoritv of all the adult male ruem bers of the Crow tribe of Indians occupying or interested seconu is this: these mineral lands, whil..e not subject under the in the Crow reservation, in the Territory of }fontana, have agreed upon, executed, general law to be homesteaded or pre-empted, are they not by the ex and submitted to the Secretary of the Interior an agreement for the sale to the press terms of this bill brought within the category of lands subject Unit-ed States of a portion of their said reservation, and for their settlement upon to be entered under the homestead or the pre-emption law' landi! in severalty, and for other pru·poses: Therefore, Be it enacted, &c., That t.he said agreement be, and the same is hereby, accepted, Mr. HASKELL. No, sir; they are not. ratified, and confirmed. Said agreement is executed by a majority of all the adult 1\ir. HOLMAN. And if these lands are as stated, valuable min male members of said tribe, in conformity with the provisions of article 11 of the eral lands, wo"Ud they not in all likelihood sell for a much larger ~~~f ~th the Crow Indians of May 7,1868, and ir. in words and figures as follows, sum than $1.25 per acre 7 If so, should not the Indians have the ''"\~,the unclel'Signed individual Indians and hearls of families of the Crow tribe benefit of the excess! of Indians now re iding upon the Urow reservation, in the TeiTitory of Montana, :Mr. HASKELL. The gentleman is all wrong. The right proposed do, this 12th day of June, A. D. 18 0, hereby agree w dispose of and sell to the to be given to these settlers, not to homestead the lands, but to pay Government of the United States, for certain considerations to be hereinafter men 1.25 per acre for them, is a personal right proposed to be extended tioned, all that part of the present Crow reservation in the TeiTitory of Montana descrii.Jed as follow . to wit: B e~innin~ in the mid-channel oft.he Yellowstone River to these parties who settled upon the lands unwittingly before the at a point opposite the mouth ox Bouluer Creek; thence up the mid-channel of said lines were drawn. It is not a provisi.on attaching to the land; it is ri>er to the point where it crosses the southern bounrlary of Montana Territory, a personal right extended to a few settlers who through inadvert being the forty-fifth degr~e of nortl1latitude; thence east along said parallel of lat itude to a point where said parallel eros e Clarke's Fork; thence north to a point ence wandered over the line at an early day. The provision does six miles south of the first standard parallel, being on the township line between not attach to the body of the land and it is not a continuing provis townshifs six ancl seven south; thence we. t on said township line to tbe one hun ion. The settlers who have gone upon the lands cannot homestead dred anc tenth mericlian of lon!!'i.tucle; thence north along RaHl meridian to a point or pre-empt mineral lands of the United States; snch lands come either west or east of the source of the eastern branch or Boulder Creek; thence down said ea. tern branch to Boulcler Creek; thence down Boulder Creek w the under other provisions. It is simply proposed that the few stragglin(J' place of beginning; for the following considerations: settlers who wandered over the line when they thought they wer~ "First. That the Government of the United States cause the a,!!ri.culturallands upon the public domain of the United States shall be allowed to stay remaining in our reservation to be properly surveyed, and divided among us in upon the lamls on which they have settled, upon paying, for the se'\"eralty, in the proportions hereinafter mentionecl, and to issue patents to us, respectively, therefor, so soon as the necessary laws are passed by Congress. benefit of the Indian fund, 1.25 per acre. That is all there is in Allotments in severalty of saiu surveyed lands shall be made as follows: the bill. "To each head of a family not more than one quarter section, with an arlditional Mr. SPARKS. Will the gentleman answer me a question f quantity of grazing land not exceeding one quarter section; Mr. HASKELL. Yes, sir. "To each single person over eighteen years of age not more than one-eighth of a section, with an additional quantity of grazing lanu not exceeding one-eighth of Mr. SPARKS. Has any arrangement or a~reement been made a section; with these Indians by which they yield up theu lands¥ "To each orphan child under eighteen yeal'S of age not more than one-eighth of Mr. HASKELL. Yes, sir. a Rection, with an additional quantity of grazing land not exceeding one-eighth of Mr. SPARKS. Where these homesteads are! a section; and " To each other pel'Son U'llder eighteen years, or who may be born prior w said Mr. HASKELL. They have agreed to let the Government appraise allotments, one-eighth of a section, with a like quantity of grazin .~ hwd. the lands. "All allotments to be made with the advice of our agent, or such other person Mr. SPARKS. All of them f as the Secretary of the Interior may designate for that purpose upon our election, heads of familie.q selecting for their miuor children, and the agent making the Mr. HASKELL. All of them, the whole thing; to sell the lands, allotment for each orphan child. The title to be acquired b.v us, and by all mem only reserving the money it gets for them. We are appraising the bers of the Crow tribe of Indians, shall not be subject to alienation, lease, or in lands now. Congress says the lands of these settlers shall be ap cumbrance, either by volnntar.v con'\"eyance of the grantee or hil! heirs, or by the praised at 1.25 per acre, to be paid into the hands of the Indians. ~udgment. order, or decree of any court~ nor subject to taxation of any character, out shall be and remain inalienable anu not snbject to taxation for the period of The whole Ute reservation· is to be appraised. twenty-five years, and until such time thereafter as the President may see tit to Mr. SPARKS. Is this done by an agreement with the Indians remove the restriction. which shall be incorporated in each patent. themselves Y Mr. HASKELL. A very solemn a~eement, in a council we had in~~d~~~~\!d~!!n~~nh~~~~~a~iffa~n1~: g;st'J!~nU~~;e~1~~rl, t~b~eG~~~:U~e~~ ~f the United States, saill Government of the United States, in addition to the annu with these Indians in this city, lastmg three months. It is their itie. and sums for provisions and clothing stipulated and provided for in existing own scheme. The treaty has been duly ratified. The appn.. iseme11t treatie. amllaws, hereby agrees to appropriate annually, for twenty-five yeaN, 2534 CONGRESSIONAL RECORD-HOUSE. APRIL 3, the sum of $30,000, to be expended, under the direction of tb~ P:r:esident, for our substituted. it will give room for all the surplus silver of the civil benefit, in assisting us to ere~t houses, 'tenue bills. I speak from the stand-point of a Democrat and of a national Dem Mr. SPRINGER and Mr. HATCH demanded a second. ocrat, and of a man that has stood by the interests of this Govern Mr. CRAPO. Let the second be considered as ordered. ment ever since he attained the right to do so as a citizen. 1 The SPEAKER. Is there tmanimous consent to consi should be assigned for the consideration of this question and why this how they are to prepare themselves to meet their indebtedness to resolution should be adopted. the banks. All we ask is simply that a day shall be assigned for the The Uommittee on Banking and Currency have reported this bill consideration of this question. anu it has been placed upon the House Calendar. Thus far during Mr. MORSE. And even if the change of currency is to take place the present session of Congress upon no occasion has the House upon the silver basis, such as gentlemen contend for, the same course proceeded to the consideration of the Honse Calendar. During the must be pursued to wind up the banks. Forty-sixth Congress, I believe, the House neve1· went to the Honse Mr. COBB. Let me inquire of the gentleman if the banks are Calendar. That being the case it is impossible, I suppose, to reach bound to continue up to the very hour when their charters expiref this bill for its consideration unless some speciu.l day be assigned for Cannot they reorganize before i it. Such an assignment does not interfere with the consideratio:p. of Mr. CRAPO. I answer that there are nearly four hundred banks any of the public questions which have been referred to. It does which must by the terms of the statute go into liquidation unless not interfere with the bill from the Committee on Claims for the some action is taken by Congress. transfer of claims to the Court of Claims, nor with any of the bills 1\lr. COBB. Will they wait until their charters expire before they which have been previously assigned. reorganize f There are some reasons of a public nature why this bill should at Mr. CRAPO. They need not do so. But suppose they commence the earliest possilJle day be brought before the Honse for its con to reorganize at once, how does that relieve the difficulty f One sideration and vote. Within the next ten months and before another bank charter expires on the 11th of this month. Following it come session of Congress can act on this question nearly four hundl·ed eleven banks whose charters expire in May; following that are national banks will go out of existence by the expiration of their sixteen more in June and twenty-four more in July. And so they t, expire from month to month, until before the end of Pebruary next ( charters. Mr. TOWNSHEND, of illinois. Will the gentleman allow me to there will be 393 of them whose charters will expire. ask him a question f Mr. COBB. Let them reorganize uefore the expiration of their Mr. CRAPO. Yes, sir. charters, if they want to take care of the interests of the dear people. Mr. TOWNSHE:~iD, of illinois. Will not those banks have the I never knew any banks that wanted to take care of the people; power under the present law to reorganize without our passing this wha.t they want is to take care of themselves. billY Mr. CRAPO. I now yield to my colleague on the committee, the Mr. CRAPO. Pour hundred banks, I say, by the terms of their gentleman from Maine, [Mr. DINGLEY.] charters expire within the next ten months. Even if those banks, 1\lr. DINGLEY. This question, as it seems tome, is in a nutshelL or rather the shareholders, should organize new institutions under It is not a question as to whether we shall extend the charters of the law as it now stands, this new organization or reorganization national banks or not. It is not a question as to what we shall sub will require the liquidation of the old banks. This involves a con stitute for national-bank currency. It is simply a question as to traction of the currency of $70,000,000. whether the House will assign a time for the consideration of the Mr. TOWNSHEND of lllinois. Not if the new currency be substi subject. This subject is eviuently one of immense importance. It tuted at once, as it can be. is of importance to the banks; it is of importance to the business Mr. CRAPO. The process, let me explain to the gentleman from men of the country. All are waiting to know what action Congress Dinois, is simply this: the new organization cannot be formed before will take on this subject. Shall we discharge our dnty in assigning the expiration of the old one. The Comptroller of the Currency has a time for its consideration, or shall we neglect our lnty in that in the vaultsoftheTreasury$75,000,000in United States bonds, which regard f secure the circulation of the banks whose charters expire within the Whatever may be our views upon the ultimate actim... to ue taken next ten months. There is no way to get those bonds which secure on t.his subject, we cannot as legislators properly discharge our duty the circulation of the banks now organized even for the purpose of unless we assign a time for its consideration. I hope that t.he reso securing the new circulation of the banks which can be organized in lution offered by the chairman of the Committee on Banking and their stead under the present statute except by taking $70,000,000 of Currency will be adopted by the House. lawful money and depositing it in the Treasury. Thisdepositoflaw 1\lr. CRAPO. I now yield to the gentleman from illinoi , [.Mr. ful money must be made, whether it is for the purpose ofwithclrawing Sl\nTH,] a member ofthe Committee on Banking and Currency. those bonds for sale, or whether it is for the purpose of withdrawing Mr. SMITH, of lllinois. I would appeal to the members of this those bonds in order to make them the basis of a new bank circula Honse in behalf of the business interests of the country, in order that tion. And while that process is going on there must inevitably be they may know what Congress intends to do in this matter, whether that contraction of the currency, and I do not see Low it is possible it will be friendly to the extension of bank cbartert> or not. Men that between now and the 1st day of March next you can have a controlling hund.i-eds of millions of capital are waiting and looking contraction of $70,000,000 oflawful money now in active circulation to us and to this vot:5 to-day in order that they may know how to without producing distress and panic. Why, sir, upon one single shape their business interests for the immediate future. day the charters of 297 banks expire ; and even if the stockholders It is not a question whether the national banks shall be continued of those banks should organize under the present law there is in or not. The question before us at this moment is whether the sub volved the withdrawal of their bonds for the purpose of placing them ject shall be considered by Congress and determined at all or not. as security for notes issued under the new charter; and to secure the Shall om business men be told by this Congress whether this system withdrawal of these bonds they must deposit in the Treasury 54,000,- of national banks shall be continued or whether it shall go out of 000 of lawful money. In this way there may be a contraction of the existence, so that they may make their p.reparations for the futme l currency by $54,000,000 in a single day. Why obstruct the consideration of this subject t It is certainly of Mr. TOWNSHEND, of lllinois. Yon might have to contract the sufficient importance to warrant us in giving it a day or two, or even loans to that amount, but not the currency. more, for its consideration. It involves the entire bnsiness interests Mr. CRAPO. How can the bonds be taken from the old organiza of the whole country. Shall we, therefore, be unwilling to debate it tions and put into the Treasury to secure the currency of the new and give it our consideration 7 I am not a national banker; my organizations except by the process prescribeu by the present law Y business is that of private banking. But I apprecia.te the importance 1\Ir. TOWNSHEND, of Illinois. Under a reorganization you can of this matter to the business interests of the country, and therefore have your bills out at once. hope that the members of this House will now determine to assign Mr. CRAPO. Not until yon have deposited your bonds can you a day for t.he consideration that il:l due it. have the bills issued; and you cannot get the bonds to use as security Mr. SPRINGER. Ifthe gentleman from Massachusetts [Mr. CRAPO] for the new issue of bills until you have deposited in the Tre:tsury has any time left I would inquire of him whether he desires to take it the lawful money to take those bonds from the old corporations. now or hereafter f Mr. CALKINS. You cannot get the new currency until the old The SPEAKER. The gentleman from Massachusetts has three currency is given up. minutes remaining. Mr. TOWNSHEND, of illinois. A great many banks have a large Mr. HEWITT, of New York. I would like to ask the gentleman reserve of capital stock. from Massachusetts a question; whether, if a day is assigned for the Mr. CRAPO. But still the bonds to secure their currency are in consideration of thi~ bill, there will be opportunity given to offer tbe Treasury, and can onlyuewithdrawn from the Treasury, whether amendments t for sale or for further use for circulation, by the deposit of lawful Mr. CRAPO. There will be. The members of the minority of the money. committee have amendments which they de ire to o.fier. There is another consideration. These four hundred banks, whose Mr. HEWITT, ofNew York. Bnt members of the House.will not charters will expire before there will be another session of Congre s be cut oft' from the opportunity to offer amendments. · that can act on this question,· haTe loans to the business men of their Mr. CRAPO. Any one can offer amendments. I yield the re localities amounting to $150,000,000. The business men of the country mainderofmytimetothegentlemanfromNew Jersey, [.Mr. ROBESON.] desire to know, and it is important that they should know, whether Mr. ROBE.SON. Mr. Speaker, I desire to ask my friend from Illi these bank charters are to be extended and their loans continued, nois, [Mr. SPRINGER,] whom I recognize as the leader ofthe other side or whether they must look elsewhere for the money which t.hey owe of the House in parliamentary tactics-to whose persistence and 1o these banks. The consideration of the subject of the extension courage that leadership has been wisely submitted-whether the of these bank charters is not a question which alone interests the Democratic side of the House means now to declare that no business, banks, uut it is a question which. deeply concerns the business m~n however important, however necessary to the country or the pros of the country, who are anxious to know what is to be the condition perity of the people, shall be even consiuered by this Congress except of the currency of the country during the next twelve months, and that which is already assigned for a particular day T I ask this • 2536 CONGRESSIONAL RECORD-HOUSE. question now because it is important that we should now understand Now, Mr. Speaker, these institutions, having enjoyed for twenty the position of the gentleman and the party he represents. Here is years the ~eat privileges and the enormous perquisites of the na . a question the immediate consideration of which is of more impor tional banking system, are here to-day appealing to us for twent.y tance to the people than any question which is now presented; and years' continuance oftheirpowerand perquisites. This is a question we desire to know for our own information and for the information of far-reaching importance, as the gentleman from New Jersey [Mr. of the country whether it is determined by that party which my ROBESON] has already intimated. It is a scheme in the direction of friend from illinois represents that no day shall be given even for thtl building up a moneyed aristocracy in this land as against the interest consideration of the great interests involved by the representatives of the masses. The line of demarkation will be drawn here to-day of the American people. upon this question as to whether we shall devote our time and atten I do not ask him whether he is in favor of this proposition or not. tion .to the best interests of the people, to measureS! for the reduction I recognize the right of any gentleman or party to vote as they of high rates of taxation and other measures of reform, or whether please on the merits of the question; but we want to know whether we shall devote our attention solely to increasing public burdens and these rules, under which we admit the power to obstruct business is strengthening the power of money and ofmonopoly. largely under his control if backed by any fraction of his party, are [Here the hammer fell.] to be used for the purpose of obstructing this important measure in Mr. HARD ENBERGH. I ask unanimous consent of the Hou e to common with all the other important business which has come or occupy five minutes. [Cries of" Regular order!"] which is to come before this House-whetherthis is the declared policy The SPEAKER. The reO'ular order is called for. of the Democratic party on this floor f When the gen leman answers Mr. SPRINGER. I thi~ there will be no objection to the gen this question he will have given an answer which will determine the tleman from New Jersey [1\fr. IlARDENBERGH] having five minute , position of his party,. and which will let the people know who it is if five minutes be allowed in reply. who are responsible for any disasters which may follow from want The SPEAKER. The gentleman from New Jersey [Mr. liARDE!'i of legislation on this and other objects necessary to the interests or BERGH] asks unanimous ·consent to be allowed five minutes for near to the honor of the American veople. Let us judge this party debate. by their fruits, and let their attitude and action determine the feel llfr. HARDE1\TBERGH. Only for an explanation. ing of the people toward them. l\1r. TOWNSHEND, of Illinois. Unless the same time be allowed LHere the hammer fell.) for reply, I shall object. [Cries of" Regular order l "] Mr. SPRINGER. One word in answer to the gentleman from New The SPEAKER. The regular order is called for, which is equiv- Jersey, [Mr. ROBESON.) The honorable gentleman has done me too alent to an objection. much honor in as!liguing to me any leadership of this side of the A :MEMBER. Who objects f Honse. I speak for no one but myself. So far as this meatmre and ?tfr. RICE, of Missouri. I object, unless time be allowed for reply. others are concerned, I shall oppose the assignment of any special The SPEAKER. The question is on the motion of the gentleman orders when I think the asflignment ought not to be made, and the from Massachusetts [Mr. CRAPO] to suspend the rules and adopt the opposition will be offered to each bill as it comes up, having refer re olution which has been read. ence to the merit or demerit of that measure. There is no con lli. MILLS. I demand the yeas and nays. certed opposition here to the consideration of any particular class of The yeas and nays were ordered. business. We desire that gentlemen on the other side, being now in The question was taken; and there were-yeas 122, nays 7~, uot the majority and having the responsibility for legislation, may go on voting 92 ; as follows : under the rnles which they have adopted and transact that business YEAS-122. in accordance with their own rules. So far as I am concerned, speak Aldrich, Ellis, Joyce, Shelley, ing only for myself, I shall insist that they shall carry out the rules, Barr, Farwell, Chas. n. Kasson, Sherwm, and not suspend them, as they now seek to do. Bayne, Farwell, Sewell S. Kelley, Shultz, Mr. ROBESON. Will the gentleman yield to me a moment for a Beach, Flower, Ketcham, Skinner, Belford, Geddes, L~wis, Smith, Dietrich C. question f Bingham, George, McClure, Smith, J. Hyatt Mr. SPRINGER. I have promised my time to another gentleman. Bliss, Godshalk, McCoid, Speer, Mr. ROBESON. Only a moment. Briggs, Grout, McKinley, Spooner, 1\fr. SPRINGER. I yield to the gentleman one moment. Browne, Guenther, Miles, Steele, Burrows, Julius C. Hall, :Miller, St~ne, Mr. ROBESON. I wish to ask the gentleman again whether the Butterworth, Hammond, John Moore, Strait, majority in the House is not at the mercy of filibusters under the Calkins, Hardenbergh, Morse, Talbott, rules as they stand; whether the majority can proceed with lmsiness Camp, Hardy, Mutchler, Taylor, Candler, Harris, Benj. W. Nw·cross, Thomas, at all when gentlemen on the other side refuse to vote, a they do to Cannon, Haskell, Pacheco, Thompson, Wm. G. day, and whether they mean to filibuster upon this and all other Carpenter, Hawk, Parker, 'l'ownsend, Amos questions of public interest so as to prevent the majority from doing Caswell, liazelton, Payson, Tyler, . business, and at the same time filibuster to prevent change of the Chace, Heilman, Pettibone, Updegraff, J. T. Chapman, Henderson, Phelps, Updegraff, Thomas rules which permit it Y Converse, Hepburn, Pound, Valentine, 1\fr. SPRINGER. I do not think there will be any more filibuster Cox, Willia.m R. Hewitt, Abram S. Ranney, Vance, ing on this side of the House than gentlemen have heretofore filibus Covington, Hill Van Voorhis, tered upon the other side on other questions. Crapo, His~ock, ~. Cullen, Horr, Rice, William W. ;~ I yield to the gentleman from Maine, [:Mr. LADD,] that he may have Darrell, Hubbell, Rich, Washhurn, a resolution reported and may obtah1 leave to print some remarks. Davis, George R. Hubbs, Richardson, D.P. Watson, Mr. LADD. ?tfr. Speaker-- Dawes, Humphrey, Ritchie, ·webber, The SPEAKER. The Chah· does not understand that it would be Deering, Hutchins, Robeson, White, DeMotte, Jacobs, Robinson, Geo. D. Williams, Chas. G. in order now to offer a resolution. Dingley, Jadwin, Russell, Mr. SPRINGER. The gentleman only desires that the resolution Dunnell, Jorgensen, Shallenberger, be printed in the RECORD and that he may be permitted to print some remarks in reference to it. NAYS-78. Aiken, Davidson, House, Robertson, The SPEAKER. The gentleman from Maine asks leave to print Armfield, Davis, Lowndes H. Jones, George W. Rosecrans, some remarkA. Atherton, Deuster, Jones, James K. Simonton, 1\-fr. BURROWS, of Michigan. On what f Atkins, Dibrell, Ladd, Singleton, Jas. W. Berry, Dowd, Latham, Singleton, Otho Jt. Mr. SPRINGER. On this bill. Blackburn, Dugro, Leedom, Sparks, Mr. BURRO,VS, of Michi~an. I object. Blanchard, Dunn, LeFevre, Springer, Mr. SPRINGER. I yielo. to the gentleman from Illinois, [:Mr. Bland, Finley, Manning, Thompson, P. B. TOWNSHEND.) Blount, Forney, McMillin, Tillman, Bragg, Fulkerson, Mills, Townshe11d, R. W. Mr. TOWNSHEND, of Illinois. How much time have If Brumm, Garrison, Money, Tucker, The SPEAKER. One minute. [Laughter.] Buchanan, Gunter, Morrison, Turner, Oscar Mr. TOWNSHEND, of illinois. Mr. Speaker, the recognized leader Caldwell, Hammond, N.J. Mosgrove, Upson, of the Republican side of the House having been heard, and my Cassidy, Haseltine, Monlton. Warner, Chalmers, Hatch, Mnldrow, Whittborne, friend on this side [Mr. SPRINGER] having been designated by him as Clements, Herbert, Murch, Williams, Thomas the leader of the Democratic side, I merely wish to say as a high Cobb, Herndon, Paul, Willis private that, in my judgment, the time has come when we should see Cook, Hewitt, G. W. Phister, Wilsoh. the beginning of the end of the national banking system. Those in Cravens, Hoge, Reagan, stjtutions hold to-day the absolute power of contracting or inflating Cnlberson, Holman, Rice, Theron M. the currency ad libitum, at least to the extent of our bonded national NOT VOTING-92. debt; and we know full well that but little more than twelvemonths All €In, Bur:rows, J os. H Curtin, Frost, have passed since these banks threatened this country with bank Anderson, Cabell, Cutts, Gibson, narbour, Campbell, JJezend.ort, Harmer, ruptcy and :ruin in order to " bulldoze" Congress into the defeat of Belmont, Carlisle, Dibble, Harris, Henry S. o. measure in the interest of the people-a measure proposing the BeltzhooYer, Clardy, Dwight, Hoblitzell, reduction of the interest of the national debt to 3 per cent. '.fhe Black, Clark, Ermentrout, Hooker, national banks failed 11 bulldoze" the representatives of the people, BoWillan, Colerick, Errett, Honk, to Brewer, Cornell, Evins, Jones, Phineas but they dld have power to ''bulldoze" the President of the United Buck, Cox, SamuelS. Fisher, Kenna, States into vetoing the bill. Buckner, Crowley, Ford, Klng, 1882. CONGRESSIONAL RECORD-HOUSE. 2537 Klotz, Neal, Robinson, Wm. E. Van Aernam, War to use rations for the relief of destitute persons in t.he district Knott, Nolan, Ross, Vau Horn, overflowed by the Mississippi River. Lacey, Oates, Ryan, 'Vadsworth, Lindsey, O'Neill, Scales, \Valker, SALARIES OF POSTMASTERS. Lord, Orth, Scoville, Wellborn, Marsh, Page, Scranton, W eP.t, Mr. KKOTT. · I move that the rules be suspended and the Com .Martin, Peelle, Shackelford. Wheeler, mittee of the Whole House on the state of the Union be discharged Mason, Peirce, Smith, A. Herr Willits from the further consideration of the bill (H. R. No. 5200) authoriz Matson, Prescott, Spaulding, Wise, George D. ing and directing the Postmaster-General to readjust the salaries of McCook, Randall, Stephens, Wi.s_et Mor~an R. McKenzie, Rice, John B. Stockslager, Woou, Ben.1amin certain postmasters in accordance with the provision of section 8 of McLane, Richardson, Jno. S. Turner, Henry G. Wood, Walter A. the act of Juue 12, 1866, and that the same be put upon its passage. Morey, Robinson, James S. Urner, Young. Mr. CAMP. I demand a second on that motion. So (two-thirds not having voted in favor thereof) the rules were The motion was seconded. not suspended and the resolution was not adopted. The SPEAKER. The bill will be read. Durin~ the roll-call the follov.ring pairs were announced from the The Clerk read as follows: Clerk's aesk: Be it enacted, d:c., That the Postmaster-General be, and he is hereby, authorized and directed to readjust the salaries of all postmasters and late postmasters of the ~1r. PEIRCE with Mr. BARBOUR. third, foruth, and fifth cla.sses, nuder the classification provided for in the act of Mr. BOWMAN with lli. ALLEN. July 1, 1864, whose salaries have not heretofore been readjusted under the terms Mr. SHACKELFORD with Mr. LTh"'DSEY. of section 8 of the act of June 12,1866, who made directofiicialapplica.tionorsworn Mr. HERBERT with Mr. PETTIBO~""E. returns of receipts and business for readjustment of salary to the Postmaster-Gen eral, the Fii'St Assistant Postmaster-General, or the Third Assistant Postmaster Mr. CORNELL with Mr. NOLAN. General, or who made quarterly returns, in conformity to the then existing laws Mr. SHELLEY with Mr. PRESCOTT. and regulations, showing that the salary allowed was 10 per cent. less than it Mr. SCALES with Mr. ERRETT. would have been upon the basis of commissions under the act of 1854; such read Mr. WEST with Mr. OATES. justments to be made in accordance with the mode presented in section 8 of the act of June 12, 1866, and to date from the beginnin~ ofthe quarter succeeding that Mr. VAN AERNAM with Mr. SCOVILLE. in which such application, sworn returns of recmpts and business, or quarterly Mr. SPAULDING with Mr. KENNA. returns were made: Provided, That every readjustment of salary under this act Mr. NEAL with Mr. EVINs. · shall be upon a written application signed by the postmaster or late postmaster enti· tied tosaitl readjustment; and thateachpaymentmadeshall be bywarrantorcheck Mr. VAN HoRN with Mr. CLARDY. on the Treasurer or some assistant treasurer of the United States, made payable Mr. ROBINSON, of Ohio, with Mr. CLARK. to the order of said applicant, and forwarded by mail to him at the post-office Mr. Currs with Mr. DuNN. within whose delivery he resides, and which address shall be set forth in the Mr. DWIGHT with Mr. TURNER of Georgia. application above provided for. Mr. YOUNG with Mr. Cox of New York. The SPEAKER. The Chair will recognize the gentleman from Mr. McCOOK with Mr. DIBBLE. New York as controlling the fifteen minutes in opposition to the tiill. Mr. HARMER with lli. ELLIS. 1\Ir. CAMP. I do not desire to control the time on this side of the Mr. PEELLE with Mr. MATSON. House. My object was simply to have the bill explained. Mr. ERMENTROUT with Mr. FISHER. Mr. KNOTT. Mr. Speaker, under the provisions of the act of J\.Ir. SMITH, of Pennsylvania, with Mr. MARTIN . Congress of June 22, 1854, the salaries of postmast-ers in the Unit-ed .Mr. McKENZIE with Mr. MARSH. 1\lr. MCKENZIE would vote ., no." States were required to be regulated by the amount of revenues Mr. RANDALL with lli. O'NEILL. received by them respectively. By the act of July 1, 1864, the same Mr. WmTE with Mr. LORD. per centum was allowed to the various postmasters as they were Mr. BREWER with Mr. ll.ARRIS of New Jersey. receiving under the act of 1854; and in order that the amount dne to 1\!r. WALKER with J\.lr. STOCKSLAGER. each might be more accurately ascertained, that act provided for a Mr. DEZENDORF with Mr. CABELL. readjustment which should take place biennially. The bill, however, Mr. CAMPBELL with lli. HOBLITZELL. classified postmasters under five heads as to salaries. It was found 1\lr. WILLITS with Mr. KNOTT. that its application to three of these classes, where the remunera Mr. SCRANTON with Mr. Ross. tion of the postmasters was inconsiderable, wa.s very unjust, and Mr. URNER with Mr. McLANE. consequently on the 12th of June, 1866, an amendment to this act Mr. RYAN with Mr. WELLBOR....~. was passed by Congress, requiring t.hat the compensation of post Mr. COLERICK with Mr. HOUK. masters of the third, fourth, and fifth classes should be readju ted Mr. LACEY with Mr. BENJAM:I~ WooD. at the end of every quarter, provided the quarterly return~:~ should Mr. HOOKER with Mr. CURTIN. show that they were receiving 10 per cent. less upon the commissions Mr. O'NEILL. I with Mr. HOUSE. There is an act of Congr~ s, is there not, requiring the gentleman proceeds. I do not discover in this bill anything the Postmaster-General to readjust these claims f authorizing an appropriation of money. I would like to know how Mr. BLOUNT. There are several statutes on the subject. these persons are to obtain any pay even if this bill should pass. I Mr. HOU~E. Answer that question. suppose the Postmaster-General cannot pay them unless an appro Mr. BLOUNT. I think there is not. There is a clause ofthe statute priation be made. which has been cited by gentlemen who are advocating the payment Ml'. HASKELL. Just as soon as the Postmaster-General obeys tho of these claims, and that statute is said to have the effect which the Jaw and reviews and readjusts these salaries, the machinery ~is all gentleman seems to understand it to have. But there are several r eady to work out the payment of the claims . . statutes on the subject, and a collation of those statutes fnlly bears Mr. ROBINSON, of Massachusetts. Is the money appropriated f out, in my mind, the construction which the Department has held Mr. HASKELL. The money will be appropriated just as soon as since 1864. the Department makes its estimates showing that the claims are due Mr. BINGHAM. Will the gentleman allow me to read three lines under the law. of the statute 7 Mr. ROBINSON, of Massachusetts. That is just what I wanted to Mr. BLOUNT. I have no objection to the gentleman reading it, know. but I know what he proposes t.o read. Mr. THOMPSON, of Iowa. I wish to ask whether these claims Mr. BJNGHAM. Then let the gentleman state that the statu'te is have not been before the courts, and whether the courts have not mandatory, positive, the PostmasteT-General is ordered t.o do this decided against them f thing. Mr. HASKELL. No, sir; the courts have decided for the claims. Mr. BLOUNT. I understand the paragraph which the gentleman Mr. Speaker, the law under which these claims arose provided that wants to read. u-hen the quarterly returns of a postmaster showed that he was en Mr. TUCKER. Will the gentleman answer my question f titled under the law to 10 per cent. more pay than he was receiving, Mr. BLOUNT. I will directly. the Postmaster-General should review and readjust the postmaster's Mr. TUCKER. You have not answered It yet. salary. The then Postmaster-General refused to review and readjust Mr. BLOUNT. I have answered it. I understood the gentleman these salaries, as required bylaw. Hegavenoreason for his action. to ask me whether or not the fact of this being an old claim went to The Depa.rtment has never given any reason for the persistent refusal its merits. to comply with the law. There has never been quoted any statute Mr. TUCKER. My question was whether there was not a law of to show that this law has ever been amended, repealed, or impingen Congress that required the Postmaster-General to readjust these upon in any way. claims, and whether the Postmaster-General had not refused. to obey The present bill provides that these salaries shall be readjusted, and the law of Congress f that every dollar found due to these postmasters shall he covered by Mr. BLOUNT. I never heard the gentleman put that question warrant and sent to them, payable to their order. There is no chance before. I heard one awhile ago from him, but it was a very differ for the intervention of any claim agent. All we ask is that the law ent qnestion. I know that the clause of the statute which the gen shall be executed, and that every man to whom the Government is tleman from Pennsylvania [Mr. BINGHAM] wants to read would con indebted in this matter shall receive his pay by warrant directly vey that idea perhaps. But there are two or three statutes on the from the Treasury. subject. The statute which the gentleman refers to, in my judg [Here the hammer fell.) ment, does not touch these claims. It is amendatory of an act, but The SPEAKER. The question is upon the motion of the gentle does not touch this class of claims. What I complain of is that, man from Kentucky [Mr. KNOTT] to suspend the rules and pass the without any notice, a proposition of this character is offered before bill. the Hoq,se when ther~ is no opportunity given to look up the law in The que&tion being taken, there were-ayes 117, noes 14. relation to it, for there was no notice that it was to come up. Mr. BRAGG. No quorum. Mr. BINGHAM. The gentleman made the same statement in the The SPEAKER. No quorum having voted, the Chair will appoint last Congress, that the matter ought not to be considered in this tellers. half-hour's dE~bate. Mr. KNOTT. The shortest way to get at this matter is to have the Mr. BLOUNT. Certainly. yeas and nays. .1\'lr. BINGHAM. But this is the only time when we can get it con Mr. CAMP and Mr. BAYNE. Let us have the yeas and nays. sidered. The yeas and nays were ordered; there being-ayes 23, noes 80, Mr. BLOUNT. The last Congress did not pass it. more than one-fifth voting in the affirmative. 1\Ir. BINGHAM. Does the gentleman know the vote on it in the The question was taken; and there were-yeas 149, nays 35, not last Congress Y voting 108 ; as follows: Mr. BLOUNT. I do. YEAS-149. It Mr. BINGHAM. was yea.s 159, nays 81. Aiken. Drum ell, Klotz, Shultz, Mr. BLOUNT. I know that. There are a great many bills which Aldrich, Elli.s, Knott, Singleton, J" as. W. pass Congress by such a vote as that with very little examination, Anderson, Farwell, Sewell S. Ladd, Singleton, Otho R. and bills, many of them, which should not pass. Armfield, Finley, Latham, Skinner, Atherton, Forney, Leedom, Smith, Dietrich C. 1\Ir. BL~GHAJ\1. The gentleman states that this ha.s been going Beach, l!lllkerson, Lewis, Smith, .J. Hyatt on for years. Yet he knows that every time it is attempted to bring Belford, Garrison, Manning, Sparks, up a bill in the House in this way (becanse we cannot reach it on the Bingham, George, McClure, Speer, Calendar) the answer is made that there is no time to consider it. Blackburn, Godshalk, McCoid, Springer, Blanchard, Grout, McKinley, Steele, Now, that is the reason why these claims run on from Congress to Bland, Guenther, Miles, Stone, Congress. The gentleman knows that it has been twice pa sed by Bliss, Grrnter, Money, Strait, the SE~nate ; that it has been recommended by three or fom commit Bowman, Hall, Moore, Talbott, tees of the Honse, but it has failed to pass Congress because it has Brewer, Hammond, .John Moulton, Thomas, Browne, Harris, Benj. ·w. Murch, Tillman, not been reached on the Calendar. Buchanan, Haseltine, Norcross, Townsend, Amos Mr. BLOUNT. The gentleman is mistaken, I do not know that it Burrows, .Julius C. Haskell, Parker, Tucker, has pa sed the Senate twice. Burrows, .Jos. H. Hatch, Paul, Turner, Henry G. Mr. BINGHAM. I will state for the gentleman's information that Butt-erworth, Hawk, Payson, Tyler, Caldwell, Hazelton, Pettibone, Updegraff, .J. T. on two occasions the Senate has passed this bill. Calkins, Heilman, Phelps, Updegraff, Thomas Mr. BLOUNT. I must object to the gentleman interrupting me Candler, Hepburn, Phister, Upson, in this way. I do not think it right that gentlemen who have Carlisle, Herndon, Pound, Valentine, already had one-half of the time should attempt to take the balance Carpenter, Hewitt, Abram S. Ranney, Vance, Caswell, Hewitt, G. W. Ray, Van Horn, of the time. . Chace, Hill Reed, Van Voorhis, Mr. BINGHAM. I yielded.all my time to the gentleman from Ken Chalmers, Hoge, Rice, .John B. Wait, tucky, [Mr. KNOTT.] Clements, Horr, Rice, Theron M. Ward, Mr. BLOUNT. Yes, to represent your view of the question. The Cook, House, Rice, William ·w. Washburn, Covington, Hubbell, Rich, Webber, gentleman says that this bill has been reported by several commit Cravens, Hubbs, Richardson, .Jno. S. White, tees, but has not been reached on the Calendar. It might have been Crowley, Humphrey, Ritchie, Whitthorne, reported earlier in the session, and for aught I know it could be Cullen, .Jadwin, Robermon, Williams, Cha.~. G. reached on the Calendar this session. But even if it should not be Curtin, .Jones, George W. Robinson, Geo. D. Williams, Thomas Davidson, .Jorgensen, Rosecrans, Wilson. reached, why should it have the precedence over other claims on the Deering, .Joyce, Russell, Calendar which perhaps are more important f Dingley, Kelley, Shallenberger. These claims run from 12 upward. They have not been pressed, Dowd, Ketcham, Sherwin, except a.s they have been gathered together by attorneys who have NAYS-35. appeared at this Capitol and in committee-rooms urging these claims, because they expected to obtain one-half of the amount. That has Atkins, Culberson, Hardy, Mutchler, Bayne, Davis, George R. Hiscock, Reagan, been their practice heretofore. But for this agitation by the claim Blount, Davis. Lowndes H. Holman, Simonton, attorneys this matter never would have been heard of. Bragg, Dibrell, Hutchins, Thompson, P. B. The SPEAKER. The tillle of the gentleman has expired. Briggs, Dugro, .Jones, .James K. Thompson, Wm. G. Mr. KNOTT. I yield the remainder of my time to the gentleman Camp, Dunn, McMillin, Turner, Osc·ar Cannon, Geddes, Miller, '\Vatncr, from Kansas, [Mr. liA..sKELL.] Cobb, Hammond, N . .J. l\Iills, Willis. Mr. ROBINSON, of Massachusetts. Allow me a question before Cox, William R. HaTdenbergh, Morrison, 2540 0 NGRESSIONAL RECORD-- ROUSE. APRIL 3~ NOT V OTING-108. Bonds given under this section shall be and remain in force, as to spirits remain· Allen, Dibble, Marsh, Ryan, in gin warehouse on the 1st day of May following, until the execution and a.pproval Barbonr, Dwight, Martin, Scale~, of the new bond, and shall remain in full force for the collection of the tax upon Barr, Ennentrout, Mason, Scoville, all spirits covered thereby which shall have been unlawfully removed or With llelmont, Errett, Matson, Scranton, drawn clru·inl!: the period for whlch the bond was given. And nothing in this act Beltzhoover, Evins, McCook, Shackelford, contained shall impair or affect the warehousing bonds or transportation and ware Berry Farwell, Chas. B. McKenzie, Shelley, housing bonds heretofore given, except as to the spirits described thertrln covered Black: Fisher, McLane, Smiih, A. lleiT by bonds 11:iven under this act. But the monthly warehousing bonds prescribed Brumm, Flower, Morey, Spaulding, by section 3293 of the Revised Statutes of the United States, as amended, shall not Buck, Ford, Morse, Spooner, hereafter, be required. Buckner, Frost, Mosgrove. Stephens, If the new bond is not given as required by this act, the collector shall proceed Cabell, Gibson, Muldrow, Stockslager, by distraint to collect the tax on all the spir1ts of the distiller remaining in tho Cam:pbell, Harmer Neal, Taylor, warehouse. issuing hls warrant of distraint for the amount of tax found to be due Cass1dy, Harris, HenryS. Nolan, Townshend, R. W . as shown by the reports of the .ranger when the spirits were entered into the ware Chapman, Henderson, Oates, Urner, house. But this provision sh:ii not exclude any other appropriate remedy or Clardy, Herbert, O'Neill, Van Aeruam, proceeding to enforce payment of the tax: P.rouided, That any distiller having Clark, Hoblitzell, Orth, Wadsworth, spirits in warehouse at the time of the passage of this act for which warehou e Colerick, Hooker, Pacheco, "Valker, bonds have been given, may, as toO such spirits, at his option, omit to file the state Converse, Houk, Page, Watson, ment and give the bond required by this act, but in such case the warehousing Cornell, .Jacobs, Peelle, Wellborn, bonds already given for such spirits shall remain in full force, and the principal aml Cox, SamuelS. Jones, Phineas Peirce, West, sru-eties on said bond shall be held to full compliance with the conditions of the Crapo, Kasson, Prescott, Wheeler, same: Provided, That in case the person required to make the statement and give Cutts, Kenna, Randall, Willits, the bond aforesaid shall die, shall become of unsound mind, or shall, in the opinion D arrell, King, Richardson, D.P. Wise, George D. of the collector or Commissioner of Internal Revenue, become otherwise legally incapable of making such statement or giving such bond, the sta'temeBt may be Do.wet1, Lacey, Robeson, Wise Mor~an R. D e Motte, Le Fevre, Robinson, James S. Wood, Ben.) amiD made and the bond may be given blthis executor. administrator, guardian, trustee. Deuster, Lindsey, Robinson, Wm. E. Wood, Walter A . or~~~~rs~:~::~2~~l:~~~e~~~~d ~~~~tes of the United States as amended be Dezendorf, Lord, Ross, Young. further amended by adding thereto the following : So (two thirds voting in favor thereof) the rules were suspended ".And provided further, ~hat whenever, by reason of any restriction on the title, or of any pen So (two-thirds having voted in the affirmative) the rules were sus pended and the bill pa-ssed. Mr. _DUNNELL. I ask, by unanimous consent, the report of tho comnnttee and a letter from the Commissioner be printed in the RECORD. There wa no objection; an TRRASUllY DEPARTME..~T, OFFICE OF INTERNAL REVE..'WB Washington, .April3, l882. SIR: I acknowledge receipt of your valued favor of this instant in regard to ~ouse b~. No. 52:!7, which provides for an extension of the bonded period upon dis- tilled spints. · The bill was prepared with great care, and in respect to its machinery I am sat Mr. DUNNELL. I des~re to say that this bill has been unanimously isfied it will work ~bly. Th~ principle of the bill I think is correct. Upon all manufac~ed artie~~ upon which the wternal-revenue tax is levied, except in reported from the Committee on Ways and Means, and the bill it elf the case of distilled spmts, the manufacturer or owner is not compelled to rem ovA was prepared by the Commissioner of Internal Revenue, and all its the_ S:_J>me ~rom the place of manufacture until he can fin(l a sale for the product. parts meet with his approval. This IS so m respect to beer, tobacco, cigars, matches &c. The extension of the b?nded period to three years gave quite a stimulus to the manufacture of fine whis . There is a report accompanyin u the bill. The bill itself does noth ~es. On the 1st of March.last there were 69,243,835 gallons in distillery warehouses m~ more than extend the period for the retention in warehouses of dis m Kentucky, Penn_s:ylvarua, and Maryland. It seems to me unreasonable to sup tilled spirits. It puts distilled spirits upon the same footinrr0 with pose.that these spmts can all be removed for consumption within the time now snuff, tobacco, ci~ars, fermented liquors, and other articles upon re_q~ed by law. If the manufacturers and owners are required to pay the taxes which there is an rnternal-revenue tax. within three years, I would expect to see such a decline in prices as would seriously embarrass many stron~ firms, probably cause many failures, and unfavorably affect The SPEAKER. The question is on suspending the rules and pass- o~er branche~ of busmess without any beneficial results to the Government. I ing the bill as read. i~bl!. upon this ground alone the extension of the bonded period is entirely justi- Mr. WHITE. I desire to be heard on this question. Very respectfully, The SPEAKER. It is not debatable. GREE"X B. RA UM, Mr. ANDERSON. I demand the yeas and nays. Commissioner. Mr. HUTCHINS. I ask for a second, if the gentleman wishes to Hon. BEN. BUTI'ERWORTH, be heard. House of Representatives. Mr. WHITE. I should like to be heard for a few minutes on this PUBLIC BUILD~G, LOIDSVILLE, KY. question. The SPEAKER. It is not debatable. Mr. WILLIS. I move that the rnles be suspended, and the bill Mr. GUENTHER. I ask for a second. (H. R. No. 3846) for the erection of a public building at Louisville The SPEAKER. It comes too late. Kentucky, be passed with an amendment to read as follows: ' l!r. CAMP. The gentleman labored under a misapprehension. Be it tnacted, &c., That the Secretary: of the Treasury be and he is hereby au~horized ~~ direc~ed to purchase a site for, and cause to be erected thereon, a As the gentleman from Minnesota discussed it, he supposed unani swtable bmlding, With fire-proof vaults therein, for the accommodation of tlle mous consent was given for the second. U:nited St.ates courts, post-office, and other Government offices, at the city of Louil'! The SPEAKER. It was not demanded. viJ!e, _State of Kentuc~y. The plans, specifications, and full estimates for said buildino- shall be prevwwly made and approved accordino- to law and shall not Mr. WHITE. I have been objecting all the time. e;rceed 'for the site and_ b~lillng complete the sum of $500,000: P.rot/w.ea, That the The SPEAKER. The Chair understands the gentleman as object- ~nte shall leave the building unexposed to danger from fire in any adjacent l.Ju:ild ing, but that is not the question. mg by an ope~ space of _not less than forty fee~ including streets and alleys; and The House divided; and there were-ayes 123, noes 29. ~o apl.'rop~ati_on for this pnrpo e ~all be ayailable until a valid title to the ite for said building shall be vested m the Uruted States, nor until the State of Mr. WHITE. I demand the yeas and nays. Kentuck~ shall h_ave ceded .to th,e United States exclusive ,jurisdiction over the The ;reas and naJYs were not ordered. same, durmi the time the U ruted States shall be or remain (he owners thereof, for 2542 CONGRESSIONAL RECORD-HOUSE. APRIL 3, all purposes except the administration of the criminal laws of said State and the was seen that if the same ratio ha-d been observed at Louisville as service of civil process therein. at six-sevenths of the cities in the United States, it would, averaging SEC. 2. For the purposes herein indicated, the sum of $200,000 is hereby appro- priated out of any money in the Treasury not otherwise appropriated. the whole list, be entitled to au appropriation of over $63,000,000. Can any city in the United States, 1\lr. Speaker, make out a stronger Mr. BRAGG. I move that the House do now adjourn. case than this, based as it is upon the official data contained in the Tho House divided; and there were-ayes 12, noes 56. reports of the last fiscal year T 1\Ir. HUTCHINS. I call for a second upon the motion of the gen- But, sir, I went further than that and I undertook to show that, tleman from Kentucky. highly favorable as this statement of figures is, it is an underesti Mr. BRAGG. I demand tellers on the motion to adjourn. mate of the facts. I explained the exceptional character of the Tellers were not ordered; nine members only votin~ therefor. Louisville district, that it produced whiskies which required age, and l\!r. BRAGG demanded the yeas and nays on the mot10n to adjourn. that the enormous increase of production to which I have alluded The yeas and nays were not ordered. was not counted in the estimates upon which the comparative table l\Ir. BRAGG demanded tellers on the yeas and nays. was made. These whiskies are now in Loud and will from this time Tellers were refused; four members only voting therefor. forth every year pay the tax. From the last report of the Commis So the House refused to adjourn. sioner of Internal Revenue, (page 90,) which I have before me, the Mr. BRAGG. I move that when this House alljourn it be to meet number of gallons in bond in the Louisville district is stated at on Wednesday next. 19,909,031, which, deductinJ~ the Pittsburgh distric1:_, is more than all The SPEAKER. That motion is not in order. the other districts in the united States outside ot Kentucky com The question is on the motion of the ~entleman from Kentucky to Lined. The Louisville district is therefore exceptional. At ninety suspend the rules, discharge the Committee of the Whole House on cents per gallon the amount of tax thus ready to be paid from that the state of the Union from the further consideration of the bill which district on the 30th of June last was 17,9H!,127. The estimate has been read and pass the same. • therefore of $10,000,000 per annum from receipts of internal r t•Yellue Mr. HUTCHINS. I call for a second, in order to have an expla is within the official statements. nation of the bill, simply to know whether or not there is neces ity All the estimates in the table which I have given exclude thepec for this appropriation of $500,000. This bill calls for the construction sion bu iness, and also exclude this per cent. of internal revenue of a building not to exceed that sum, and I shonld like to have the which has been under the law retained in the warehouses. If these o-entleman from Kentucky tell the reason for such an expenditure. arc included-and that they should be no one can justly deny-the o The SPEAKER. Is there objection to consiflering the second as public business of Louisville will be, as just stated, 11,490,181 in having been ordered 7 stead of 3,755,900, oroverthreetimesasgreat; the "rati.,expended" There was no objection. in the fourth column of the " comparative table" should be multi Mr. WILLIS. l!r. Speaker, I need harilly say to the members of plied by three, and the average value of her public buildings, as com this House that under the system of rules which now govem our pro pared with u.ll the other cities in the United States, would be over ceedings, this bill, although the first of its kind on the Calendar, $150,000,000. would never be reached for action. Anticipating, therefore, that I Sir, I will go further in this Rt.atement if the ~entleman from New might have an opportunity to call it np in this way, I presented in York or any other member on this floor desires 1t, Lut- the RECORD, on the 24t.h of last February, some remarks in its sup [Cries of'' Vote!" "Vote I"] port and sent a copy of them to every member of the House, includ The SPEAKER. The question is on the motion of the gentleman ing the gentleman from New York, [l\lr. HUTCHI~ s.) Gentlemen fi:om Kentucky. will understand that it will be impossible within the Lrief time now Tbe motion wa agreed to, (two-thirds having voted in favor allowed to go over all of the facts and fi~ures contained in those re thereof,) and the bill was passed. marks, covering as they do ten pages of the CmmRE SIONAL REcoRD Mr. WILLIS. I desire to express to you, l\!r. Speaker, and through and seventeen pages of the pamphlet which I hold in my hand. you: to all the members of the House, the hearty thanks of the peo On the occasion alluded to I gave a detailed statement of the ple whom I have the honor to .represent for the result which you amount of public business transacted at the city of Loui ville. I have just announced. called attention to the business of the different offices of the Govern ment, including the collectorship of internal revenue, the pension PUBLIC BUILDING AT ROCHESTER, NEW YORK. agency, the railway mail service, the letter-carrier service, the money Mr. VAN VOORHIS. Mr. Speaker, I move to suspend the rules, order system, the post-office proper, the surveyor of the port and discharge the Committee of the Wbole House on the state of the appraiser's office, the supervising inspector of steam-vessels, the Union fi·om the further consideration of the bill which I send to the United States marshal, United States district and circuit courts, de k, and put it upon its pas age. with their grand and petit jury rooms, library, judges' private cham Mr. HOL~IAN. I rise to a privileged motion. I move that the bers, and clerks' offices. I showed the enormous increase of business House do now adjourn. in these various branches of the public service. In four years the The SPEAKER. The gentleman from New York is entitled to customs receipts have increased 100 per cent. recognition. Within two decades the Federal court business has increased ten b!r. VAN VOORHIS. I move to pass the bill. fold, while the postal receipts show an increase of over 800 per cent. Mr. CALKINS. I move that the House do now adjourn. The annual pension business, Louisville being one of the seventeen The House divided; and there were-ayes 35, noes 63. pension agencies of the country, exceeds $1,000,000. The sales of Mr. HOLl\IAN. I ask for the yeas and nays on the motion to tobacco in 1881, through which come increased revenue from manu adjourn. facturing that article, exceed the average of the decade endin~_with The yeas and nays were not ordered. 1871 by 72 per cent., and the average of the decade ending 1tsti1 by Mr. HOLMAN. I demand tellers on the yeas and nays. 320 per cent. Can any city in the Union present a parallel to the Tellers were refused. rapid progress in these different directions f If it can1 then I chal So the House refUsed to adjourn. leno-e its ability even to approximate the vast increase of public Mr. VAN VOORHIS. I now renew my motion. buslness, to which I briefly call attention. During the year en<.led Tho SPEAKER. The bill will be read. June 30, 1880, the numLer of taxable gallons of spirits produced in the The Clerk read as follows: fifth Kentucky district (Louisville) was 4,651,0~0. During the year ended June 30,1881, the number of gallons produced was 14,233,830; Be it enacted., &c., That the Secretary of the TrAasury be, and he is hereby, authorized and directed to purchase a site for, and cause to be erected thereon, a thus showing an increase in one year of 9,582,770 ()'allons. suitable building, with fire-proof vaults therein, for the accommodation of the 'rhis enormous increase is owing to the increaseJ number of new United States courts, post-office, custom-honse, internal-revenue oflices, and other distilleries and the increased capacity of the old ones; and as thi~:> Government office~. at the city of Rochester~ in the State of New York.. The plans, specifications, and full estimates for saic building shall be previously made increase is permanent, the internal revenue of the Louisville di!;trict and approved according to law, and shall not exceed for the site and building will hereafter exceed $10,000,000 per annum, an increase over the complete the sum of $300,000: Provided., That the site shall leave the building un preceding year of over 150 per cent. Shall not this immense and exposed to danger from fire in adjacent buildings by an open space of not less yearly increasing business-requiring a corps of nearly three hun than forcy feet, including streets and alleys ; and no money appropriated for this purpose shall be available until a Yalid title to the 8ite for said building shall be dred officers-be provided with suitable and sufficient accommoda vested in the United States, nor until the State of New York shall have ceded to tions, with means large enough at least to hold its official records, the United States exclusivejurisdiotion over the same, during the time the United and secure from danger by fire! States shall be or remain the owners thereof, for all purpo es except the adminis Upon the amount of public business tra:nsact~d at Louisvi~l~ dn: tration of the criminal laws of said State and the service of any criminal or civil ino- the past fiscal year I made a companson With all the Cities m process therein. th~ United States at whioh public buildings are now located. With Mr. HOLMAN. I demand a second. great labor and care I prepared this comparative st.atement. I pub 'fhe SPEAKER. Is there objection to considering the second as licly called attention to its details and challenged contradiction. I being ordered f have yet to hear of a single instance iu which iujustice has been Mr. BRAGG. I object. I move that the House uo now adjourn. done by this table. . The SPEAKER. The Charr will appoint tellers. I showed that as to one-half of the one hundred and four cities Mr. HRAGG. I ha.ve made a motion that the House adjourn. where the Government owns custom-houses or post-offices, if the The SPEAKER. The Chair will entertain the motion. public buildin~s at Louisville, as elsewhere, were proportioned to the The House divided; and there were-ayes 20, noes 63. amount of busrness done theit value would range from eight to five Mr. BRAGG demanded telltll' , hundred millions of dollars. Extending the comparison further it Tellers we.re refused1 1882. CONGRESSIONAL RECORD-HOUSE. 2543 Mr. BRAGG demanded the yeas and nays. Mr. VANVOORHIS. I said the Treasury Department. The yeas and nay~ were refused. :Mr. HOLMAN. Why are not those recommendations incorporated So the House refused to adjourn. in the report f The SPEAKER appointed Mr. VAN VOORHIS and Mr. HOUI~ ltlr. VAN VOORIDS. The recommendation of the Secretary of tellers. the Treasury is embodied in the report, and has j11st been read. The House divided ; and the tellers reported-ayes 136, noes 13. Mr. HOLMAN. Oh, no; that is something that transpired two So the motion to discharge the Committee of the Whole and pass years ago, and we are not informed at present any Department of the bill was seconded. this Government deems it of public interest that thii building shoulu Mr. VAN VOORHIS. :Mr. Speaker, I do not desire to occupy any be erected. of the time of the House in discussing this bill. [Cries of '' Vote I " Is it to be understood that buildings are to be erected in these "Vote!"] various cities in order to comply with the wishes of the citizens T Mr. HOLMAN. lvlr. Speaker, I should like to have the report Is that the principle on which the public moneys shall be expended Y accompanying that bill read. I had supposed that the departments of the Government were in Mr. VAN VOORHIS. The bill does not make any appropriation. trusted with the duty of reporting what, in their judgment, was Mr. HOLMAN. Will my friend allow the report to be read 7 necessary to be expended in this way in the interest of the public Mr. VAN VOORHIS. Certainly. service. The report was read. It is as follows : :My friend from New York will excuse me if I say that the extraor The committee to whom was referred the bill (H. R. No. ll86) to provide for the dinary number of these bills coming into the House gives rise to a erection of a building for the use of the Government of the United States as a. post. very unsatisfactory commentary upon the principle on which large office, court-house, marshal's office, custom-bouse, a.nd internal-revenue office at Rochester, New York, beg leave to report: sums of money are annually expended. The public officers charged That this bill was unanimously reported by the Committee on Public Buildings with the duty of looking after the public interest, whether in the and Grounds in the Senate and in the House of Representatives of the Forty-sixth legislative or the executive departments, are not asking for any Congress, but at so late a day that action could not be had thereon. building; and Congress is voting for the erection of these buildings, '.l'he city of Rochester is one of the largest and most flourishing cities in the State of New York. Outside of New York City and Brooklyn, it is the second it would seem, merely for the convenience and embellishment of city in size a.nd in commercial importance in the State. Its population is estimated those cities and the expenditure of money in particular sections of the to be not less than one hundred thousand. country. The amount of revenue received at this place during the fiscal year of 1881 wa.s Mr. VAN VOORHIS. May I ask the gentleman from Indiana a $1,316, 780.10. The revenue collected at the Rochester post-office during the last year was question T $160,912.48. The money orders paid a.nd sold at this office during the last fiscal lli. HOLMAN. Yes, sir; after I have made a single observation. year amount to $726,987.59. I trust that some plan may be adopted by which public buildings The post-office pays now an annual rent of $3,500 for its accommodations. It is that are required may be erected through legislation far different located in a wooden building, and in case of fire nothing could save the office or its ()Ontents. There are twenty clerks and twenty-five Ietter-carrie111 employed in from that which is now pressed upon us. In the State Legislatures this office. There needs to be kept constantly on hand a large sum of money to a few years ago we had a species of legislation which received the conduct the money-order department. name of log-rolling. The port of Rochester is the best on Lake Ontario. The amount of customs received there the past year was $180,998.10. Mr. VAN VOORHIS. There is nothing of that kind here. [Laugh There are about twenty subordinates under the collector in this custom-house. ter.] The amount of rent paid for use of office for custom-bouseis $750 per year. It has Mr. BELFORD. 'Ve have here a system that is called filibuster been more. The office has to be shifted from one plaee to another from year to ing. year as circumstances require. The accommodations are inadequate to the busi ness of the office. Mr. HOLMAN. I feel compelled to call attention to the extraor The collector of internal revenue pays $1,000 a year r<"nt. for the insufficient ac dinary number of these bills that are pending ; and I believe I can ~ommodations of the internal-revenue office. He collected tho past ye~tr'$97 4,869.52. safely assert not-one of them, as far as I am informed, is recommended He has a large number of subordinates under his control, and has large numbers of valuable books and papers, property of the Go>ernment, which ought to be kept by one of those officers who ought to understand the needs of the safely. Government in the various cities of the United States. These bills, The United States m\.rshal's office for the northern district of New York is sit. appropriating from a hundred thousand dollars to half a million nated at Rochester, but it is kept in a private building and the marshal pays his dollars, are for buildings in all sections of the country, in some in own rent. There is a re~terin bankruptcy and two United States commissioners at Roch stances in four or five localities in a single State. I object to this ester, who furu1sh themselves with offices. expenditure of public money by a Government largely in debt, with The United States district court is held at Rochester, but it is compelled to take a people heavily taxed. . I object to these heavy expenditures, unless such quarters in the county court.bouse as it ca.n get. No rent is paid for its there is a public necessity for them, and no such necessity has been accommorlation. If rooms were rented suitable for this court it: would be quite e.>..-pensive. shown in this case. There has never been any Government building at Rochester. Mr. HAZELTON. Will the gentleman yield to me for a question f Less than one-fourth of the revenues received at Rochester in a single year ltlr. HOLMAN. Yes, sir. would pun,base a site and erect a suitable building for conducting all the business Mr. HAZELTON. I did not understand the gentleman's position of the Government at this plaoo. Fifty thousand dollars will secure an ample site, ann $250,000 will construct a satisfactory building. before. I understand him now to be in favor of renting private The Secretary of the Treasury recommended the passage of the bill in the Forty buildings at an extravagant price instead of the Government, which sixth Congress. is amply able, erecting and owning its own buildings. Is that tbe Under date of .June, 1, 1880, the Secretary of the Treasury, Ron. .JoHN SHEmiAN f in a letter addressed to General CooK, chairman of the Committee on Public:.Suild gentleman's proposition ings a.nd Grounds of the House of Representatives, says: Mr. HOLMAN. I believe I did not state that proposition. But if "The amount of revenue collected from all sources by the Government at Roch that is true, as my friend from Wisconsin assumes, it is a strange ester, rental paid for the present inconvenient and unsatisfaetory public offices, thing that the officers charged with the duty of knowing what is and the fact that Rochester is one of the largest and most enterprising cities in the State of New York are in my opinion sufficient evidence of the need of a Gov necessary for the public service in the cities have not discovered the ernment building at that place for the accommodation of the United St.ates courts fact and 1·eport.ed it to Congress. and the customs, postal, and revenue service. I have therefore to recommend that Mr. HAZELTON. But this has been recommended by the Secre the erection of a public building be a.uthorizell as reported by your committee." tary of the Treasury. It is desired by the people living at Rochester. In view of the urgent necessity of safe and suitable accommodations for the various offices of the United States a.t this place, your committee recommend the The amount of revenue, as reported here to-day, shows that it is passage of a substitute for the bill H. R. No. 1186, which substitute conforms to the economy for the Government to erect a building in that city. There form of bill agreed upon by this committee and approved by the Senate Commit. can be no question if we will get over this mean, penny-wise, pound tee on Public 13uildings and Grounds. foolish doctrine- Mr. HOLMAN. Mr. Speaker, the necessity for the passa~e of this Mr. HOLMAN. Mr. Speaker- bill, I see, is placed upon the ground of the importance of naving a Mr. HAZELTON. It is for the best interest of the country to erect public buildin~ at Rochester to accommodate the post-office, inter buildings in every" city where, as a permanent thing, customs must nal-revenue omces, and the Federal courts. be coUected, United States courts held, large post-offices maintained, Mr. VAN VOORHIS. And the custom-house. and internal revenues collected. There can be no question about it. Mr. HOLMAN. And the custom-house. Nowherearefourdepart The Government can raise money at 3t per cent., and it pays from ments, or at least three, of the Government which are interested in 10 to 12 per cent. in shape of rents at almost all the great business the fact as to whether or not there shall be a public building there. centers of the Government where this policy of renting obtains-- I ask my friend from New York whether any one of these depart The SPEAKER. The gentleman from Wisconsin is not in order. ments during the present Congress has recommended the erection of The gentleman from Indiana has the floor. this building T Mr. HOLMAN. The gentleman from Wisconsin pronounces a very Mr. VAN VOORHIS. The Treasury Department, which has the severe criticism on the public officers in charge of this matter when exclusive control of the erection of public buildings, has recom he states that there are not now proper facilities for the transaction mended it. of public business. I do not think, however, the charge is well Mr. HOLMAN. I trust the gentleman will have the reports read founded. In the condition in which we now are, with a heavy debt which recommend the erection of these buildings. resting npon us, the principle of spending millions of money annually Mr. VAN VOORHIS. The Secretary of the Treasury has recom for the adornment and embellishment of our various cities is a line mended it. And I will say there has never been a doilar spent in of policy which ought not to be defended and cannot be successfully that city on public buildings. defended. Mr. HOLMAN. 'l'he gentleman from New York says in a general I desire to say this much in view of the large number of these way the Post-Ofilca Department has recommended the erection of bills pending. [Cries of " Vote ! " '' Vote I"] this building, · The SPEAKER, The question is on the motion of the gentleman 2544 CONGRESSIONAL RECORD-HOUSE. APRIL 3, from New York [1tlr. VAN VOORHIS] to suspend the rules nnd pass which according to the bills will necessitate an appropriation of the the bill. sum of $17,300,000. Three or four weeks ag9 there were upon the The question being taken, there were-ayes 104, noes 7. Calendar of the House twenty-nine of these bills which had been Mr. HOLMAN. I make the point that a quorum has not voted. reported favorably from the Committee on Public Buildings and The SPEAKER. A quorum not having voted, the Chair will Grounds, necessitatin~ an appropriation of 4,300,000. And this wa appoint as tellers the gentleman from New York, Mr. V AJ."'i VOORHIS, only to start the worK. Every member knows that each building and the gentleman from Indiana, Mr. HoLMAN. will cost much more than the amount named in the bill. The House again divided; and the tellers reported-ayes 144, Now, I say to my Republican friends here that we as a party can noes 4. not afford this. We have to look to it that the money of the people So (two-thirds having voted in favor thereof) the rules were sus is not taken from the Trea-sury recklessly. The Republican party is pended, and the bill was passed. responsible for the money intrusted to its keeping. I send to the PUBLIC BUILDING AT COLUMBCS, OHIO. Clerk's desk to be read an article taken from the New York Times the day after the Senate in ten minutes' time in effect voted away Mr. CONVERSE addressed the Chair. , 1,200,000 for public buildings, which were not included in the list I 1\lr. CALKINS. I move that the House do now adjomn. have referred to. The SPEAKER. The gentleman from Ohio r.Mr. CONVERSE]- Mr. VANCE. Why did not the gentleman make that statement lli. CALKINS. I insist on my motion. before the New York bill passed just nowf 1tlr. CONVERSE. I am entitled to the floor. I have been recog :Mr. CAl\IP. I thought I would not make it then, nor when the ui?;ed by the Chair. Louisville bill passed. The SPEAKER. The Chair has recognized the gentleman from Mr. HOOKER. Will the gentleman allow me to make a suggestion 'f Ohio [lli. CONVERSE] to submit a motion to suspend the rules; but Mr. CAMP. No, sir; I will yield to a question. the motion to adjourn is in order. The SPEAKER. The Clerk will read the article sent up by the ge~ Mr. CONVERSE. I move to suspend the rules, so as to take from tleman from New York. the Speaker's table and pass at this time the bill (S. No. 1501) for The Clerk read as follows: the erection of a public building at Columbus, Ohio. Mr. CAMP. I desire to make a parliamentary inquiry. I wautto Seven cities were endowed by the s ....nate yesterday with public buildings, coat in~ in the aggregate $1,200,000. ThiR was done in ten minutes, and each appro know if we have not voted away to-day $5,000,000, and ifthat is not pl'lation was made by a separate bill, so that seven bills for seven cities, drawing a good day's work Y over a million from the Treasury were whisked through the Senate in ten min 1\fr. CONVERSE. This is for a public building at the capital of utes. li the Sena.te couJd have kept up this bu.sine s for the remainder of the day, every city in the Republic might have had a new Federal building, and there my State. would be no consh'Uctive surplus left in the Treasury. Unhappily for the numer The SPEAKER. Tile question is upon the motion of the gentle ous jobs of this sort that were pending, some captious Senator interposed an ob man from Indiana [Mr. CALKINS] that the House now adjourn. jection, and the flow of money was stopped. Usually appropriations of this kind The question was taken; and upon a division there were-n.yes 52, are pnshed through Congress by the "log-rolling" proce , each job being tied up with every other job. The appropriations yesterday were not "lumped" in one noes 65. bill, but it is apparent that all were passed 'by means of a mntun.l understanding, Before the result of this vote was announced, which, after all, is only another form of one of the most vicious processes of Con Mr. CALKINS called tor the yeaa and nays on the motion to adjourn. gressional legisia.tion. The yeas and nays were not ordered; there being but nine in the Mr. CAMP. I regret that my Ropublicn~t friends her~ did not pay affirmative, not one-fifth of the Ia.st vote. attention to tllo reading of this article, which was published in a So the motion to adjourn was not agreed to. Republican jomnal, one of the leading Republican journals of this The SPEAKER. The question recurs upon the motion of the gen country, and which warns us against this extravagant expenditure tleman from Ohio [Mr. CONVERSE] to suspend the rules and pa. s the of the public money. [Derisive cries of ''Louder, louder!"] I am hill as indicated. speaking sufficiently loud for gentlemen to hear and understand, :Mr. CAMP. I call for a second on the motion to suspend the rules. and too loud for their comfort. I have taken occasion to examine Mr. CONVERSE. I ask unanimous consent that a second may these hills, and find that some of them provide for the erection of be considered as ordered-- court-houses in cities where no United States court was ever held, 1\fr. CAMP. I object. and where the law providing for courts in such cities had not passed 1\Ir. CONVERSE. And that I be allowed two or three minutes to until after the bills authorizing the erection of United States court explain the bill, and then let a vote be taken upon it. houses were reported from the Committee on Public Buildings and The SPEAKER. The bill will be read. Grounds. The committee proposed to build a United States court The bill was read, as follows : house where, under the law, a United Statescourt could not beheld. Be it enacted, etc., That the Secretary of the Treasury be. and he hereby is, author Mr. HUBBELL. Is that the case with this bill f ized and directed to purchase a suitable site, and cause to be erected thereon, at Mr. CA.MP. I do not k.aow about this bill. I did not rise espe Columbus, in the State of Ohio, a substantial and commodious public building, with fire-:proof vaults, for the use and accommodation of the United States distriut cially to oppose this bill. I am speakjng of matters generally. Some and circmt courts, internal-revenue and pension office, and for other Government of these bills undoubtedly ought to pass. I believe it is right to give uses. The site and the building thereon, when completed according to plans and a court-house to Rochester; I believe it was right to give a public specifications to be previously made and approved by the Secretary of the Treas building to Louisville, Kentucky. But I have not had time to exam ury, shall not exceed the cost of $250,000; and the site ;purchased shall leave the bnildin.,. unexposed to danger from fire in adjacent buildings by an open space of at ine this bill, and as we have to-day, under a suspension of the rules, least fiftY feet, including streets and alleys; and for the purposes herein mentioned voted away money for two of these public buildings and probably the sum of$100,000 is hereby appropriated out of any moneys in the Treasury not millions besides, it seems to me it is time for us to pause, time for otherwise appropriated, to be expenrled under the direction of the Secretary of the members to look into these bills and ascertain whether the public 'li:easnry : Provided '.£hat no part of Aaid sum shall be expended until a valid title to the said site shill be vested in the United States, and the State of Ohio shall buildings authorized thereby are needed and see whether or not we cede to the United States exclusive jurisdiction over the same during the time the bad better proceed in this extravagant manner of' voting away the UniteU States shall be or remain the owners thereof, for allJ?urposes excev.t the public money. I now yield to the gentleman from Ohio, [Mr. BuT aclministration of the criminal laws of said State and the semce of any civil pro TERWORTH.] cess therein.. Mr. BUTTERWORTH. One word touching this bill. I am not The SPEAKER. The gentleman from New York [:U.r. C~fP] opposed to the appropriation for a public building at Columbus, bnt demands a second on the motion to suspend the rules and pass the I shall object to this bill unless there is some change made in tho bill wllich has been read. · district for which this building is to be provided, in accordance with ~lr. CAMP and Mr. CONVERSE were appointed tellers. an understanding between my colleague and myself. The House divided; and the tellers reported that there were-ayes When the bill waa originally introduced into the House it left the 124, noes 3. district in which Oincinnati is situated now, amounting to about So (no further count being called for) the motion to suspend the one-fourth of the territory which comprised the other district, and rules was seconded. compelled the men who were engaged- along the river and would be Many MEMBERS. "Vote I" "Vote!" interested in admiralty ca es to leave that great highway and go Mr. CAMP. I desire to be heard. one hundred and twenty miles to Columbus, instead of giving them ~lr. CONVERSE. I hope the gentleman will take whatever time an opportunity to have their cases adjudicated in Cincinnati, along he desires. the hi~hway of commerce there. That was "RUjust to our district. Mr. CAMP. I want to protest against this reckless manner of That bill went through this House, was taken through this Hou.se, voting away the public money. We are very liberal with ~nds that without being considered, and I have received very much cen uro belong to somebody else. I understand from an extract which I have for not havin SEC. 2. That the sum of$60,000 be, and the same is hereby, appropriated, out of for ad Yalorem duties on sugar-severally to the Committee on Ways any money in the Treasury of the United States not otherwise appropriated, to be used and expended in the purchase of said site and toward the construction of and Means. said building. By Mr. CARLISLE: Papers relating to the pension claim of Eliza beth McKay-to the Committee on Invalid Pensions. The House divided ; and there were-ayes 104, noes 9. By Mr. CAS,VELL: The petition of 0. E. Woodbury, for an exten So (two-thirds .having voted in favor thereof) the rules were sus sion of letters patent-to the Committee on Patents. pended, and the bill was passed. By Mr. CROWLEY i The petition of William H. McMahon, for an Mr. SPARKS, and Mr. ROBINSON of Massachusetts, moved the increase of pension-,-to the Committee on Invalid Pensions. House adjourn. By Mr. DAVIDSON: A bill making an appropriation for the im The motion was agreed to. provement of East Bay and Bla~kwater River, of Suwannee River, Pending the announcement, the following business was transacted: of Manatee River, of the Amhurst Channel, of Key \Vest Harbor, LEAVE OF ABSENCE. and of Lagrange Bayou up to Freeport, in the State of Florida Mr. LACEY by unanimous consent, was granted leave of absence. severally to the Committee on Commerce. 1 By 1\lr. DAWES: The petition of William A. Ross, of Cameron, LEAVE TO PRINT. Ohio, and 11 others, ex-soldiers, for the passage of the bill granting Mr. LADD, by unanimoUR consent, was granted leave to print some pensions to soldiers and sailors of the late war who were confined remarks in the REcoRD. [See Appendix.] in confederate prisons-to the Select Committee on the Payment '()f Pen&ions, Bounty, and Back Pay. AMERICAN CITIZENS IMP!UsO:m:D. By 1\Ir. DEERING: The petition of citizens of Reinbeck, Iowa, for The SPEAKER, by unanimous consent, laid before the House the the repeal of the tax on bank deposits and the two-cent stamp on following message; which was referred to the Committee on Foreign bank-checks-to the Committee on Ways and Means. Affairs, and ordered to be printed: By. Mr.- DIBRELL: Memorial of the Independent Order of Good To the HOU8e of .Representative~: Templars, No. 25, of Liberty, Tennessee, relative to the alcoholio I forward herewith, in compliance with resolution of the House of Representa liquor traffic-to the Committee on the Alcoholic Liquor Traffic. tives of the 6th of February ultimo, callin~ for information in reference to the By 1\Ir. DOWD: The petition of J. W. Phillips and others, for the arrest and imprisonment in :Mexico of certam American citizens, a. further report establitihment of a post-route from Concord, in Cabarrns County, to from the Secretary of State and its accompanying paper, concernin~ the cases of Thomas Shields and Thomas Webber, to which that resolution refers. Athens, in Rowan County, North Carolina-to the Committee on the CHESTER A. ARTHUR. Po t-Office and Po t-Roads. EXECUTIVE MA.'\SION, April 3, 1882. By 1\lr. ELLIS: Papers relating to the claim of H. R. Bonneva.l EXPENSES OF UTAH COMMISSIONERS. to the Committee on War Claims. By 1\lr. ERRETT: Memorial of officers of the United States Army, The SPEAKER also laid before the House the following message for the passage of the bill to increase the efficiency of the infantry from the President of the United States; which was read, and, with branch of the Army-to the Committee on Military Affairs. the accompanying documents, referred to the Committee on Appro By Mr. FULKERSON: Paper relating to the claim of Henry Si priations, and ordered to be printed: non-to the Committee on War Claims. To the Senate and HOU8e of .Representatives: By 1\lr. HATCH: Memorial of the Merchants' Exchange of St. I transmit herewith for the consideration of Congress a. letter from the Secretary Loni , Missouri, for the con truction of a ship railway aero s the of the Interior, in which he sets forth the necessitv which will exi 1. for an appro Ist.hmus of Tehuantepec-to the Committee on Foreign Affairs. priation for the payment of the commissioners to 'be appointed nnder the recent lly Mr. HOOKER: The petition of citizens of Mississippi, for legi - act of Congress entitled "An act to amend section 5352 of the Revil!ed Statutes la.tion regula,ting charges for rail way transportation-to the Com of the United States, in reference to bigamy, and for other purposes," and also for the payment of the election officers to l>e appointed by said commissioners. mittee on Commerce. In this connection I submit to Congress tltat in view of the important andre By .Mr. HOUK: The petition of citizens of McMinn, Bradley, 1\Ieigs, sponsible duties devolved upon the commissioners under this a~t their compen a,. and Polk Counties, Tenne ee, for mail service on the IIiawas ee tion at $3,000 per annum as provided therein should be in<*ased to a. sum not less than $5,000 per annum. River-to the Committee on the Post-Office and Post Roads. Such increased compensation, in my judgment, would secure a higher order of Byl\Ir. HOUSE: Memorial of the Merchants' Exchange and others ability in the persons to be selected, and tend more effectually to carry out the of N asb ville, Tennessee, for the improvement of the Upper Cumber objects of the act. CHESTER A. ARTHUR. land River-to the Committee on Commerce. By Mr. JOYCE: Papers · relating to the claim of Dr. Leona,rd EXECUTIVE MANSION, April 3, 1882. Thresher, of Northfield, Vermont-to the Committee on Claims. ORDER OF BUSINESS. By 1\Ir. McCLURE: The petition of ex-soldiers of Nimisila, Sum Theresultofthevoteon the motion to adjourn was then announced, mit County, Ohio, for the passage of a law to pay money to soldiers and accordingly (at five o'clock and fifty-five minutes p. m.) the and sailors of the late war instead ofland as provided jn the home House adjourned. stean law-to the Select Committee on the Payment of Pensions, Bounty, and Back Pay. By 1\Ir. MOSGROVE: The petition of J. S. Morehead and others. PETITIONS, ETC. honorably discharged soldiers, for the passage of the bill granting The following memorials, petitions, and other papers were laid on pensions to soldiers and sailors of the late war who were confined the Clerk's desk, under the rule, and referrid as follows: in confederate prisons-to the Committee on Invalid PenRions. By Mr. BEACH: The petition of A. W. Adams and others, for an By Mr. MURCH: The petition of John Murray, for balance of appropriation to improve the navi~ation of Miniscongo Creek at its bounty due him as a veteran soldier of the war of the rebellion-to outlet into Hudson River, in the i::itate of New York-to the Com the Select Committee on the Payment of Pensions, Bounty, and Back mittee on Commerce. Pay. By Mr. BERRY: The petition of Charles Murphy, asking Congress By Mr. PARKER: The petition of Hon. A. B. James and others, to indemnify him for losses sustained in constructing the dry dock citizens of Ogdeusburgh, New York, praying for the pa sage of the at Mare Island Navy Yard, California-to the Committee on Claims. Senate bill concerning the regulation of steam-vessels-to the Com By Mr. BOWMAN: The petition of the United Land League, of mittee on Commerce. Lynn, Massachusetts, relative to the imprisonment in Ireland, of By Mr. PEIRCE: The petition of Joseph McLaughlin and 200 Michael Hart-to the Committee on l''oreign Affairs. otuers, citizens of Clay County, Indiana, for the passage of laws to Also, the petition of William L. 'Villiams and John H. Sherburne, prevent the further immigration of Chinese-to the Committee on of Massachusetts, for the passage of the French spoliation claims Education and Labor. bill-to the same committee. By 1\Ir. PHELPS: Memorial of the Chamber of Commerce of New By lli. BRAGG: The petition of William C. Shimoneck, for an Haven, Connecticut, in favor of a resurvey of Long Island Sound increa~e of pension-to the Committee on Invalid Pensions. to the Committee on Commerce. By Mr. BRENTS: The petition of Thomas Redman, of Vancouver, Also, memorial of the city council of Charleston, South Carolina, 'Vashington Territory, for a pension-to the Committee on Pensions. relative to the improvement of the harbor at that place-to the sa.me By Mr. BUTTERWORTH: The resolutions of the Cincinnati committee. Chamber of Congress for the continuation of a ship-canal between Also, memorial of C. E. Slayback, in favor of the con tructiou of the Chesapeake and Delaware Bays-to the Committee on Commerce. a ship railway across the Isthmus of Tehauntepec-to the same com Also, the petition of Hon. S. Lester Taylor, President of the Cin mittee. cinnati Zoological Garden, and twenty other citizens, praying for Also, memorial of David 1\I. Richard ou, relative to foreign com the modification of the customs laws so as to. admit wild animals and merce-to the same committee. birds and other specimens of natural history free of duty, when im A1so, papers relating to the patent claim of Isaac E. Palmer-to ported for breeding or for exhibition in zoological garuens-to the the Committee on Patents. Committee on Ways and Means. By Mr. RICH: The petition of 70 citizens and of E. ,V, Lawrence By Mr. CAMP: The petition of Edwin Richman and others, for and others, of Macomb County, of Romeo, Macomb County, Michi the passage of an act granting a pension to soldiers and sailors of the gan, remonstrating against the passage of any bill for the sale by tb~ late war who were confined in confederate prisons-to the Select Government of certain lands along the Saint Clair River-severally Committee on the Payment of Pensions, Bounty, and Back Pay. to the Committee on the Public Lands. ByMr.CANDLER: Twopetitionsofre.finersandimportersofsugar, By Mr. SHULTZ: The petition of 161 ex-Union soldiers and a;i~. Boston, Massachusetts, for the passage of the Candler bill proniling ors of Ol:Uo, for the :pa sage of tlw lHiss bill to pension all ~<>hli~t6 1882. CONGRESSIONAL RECORD-SENATE. 2547 and sailors of the war who were confined in confederate prisons-to He also presented resolutions of the Philadelphia Board of Trade, the Committee on Invalill Pem;ions. favoring the abrogation of the reciprocity treaty now in force be By Mr. SPOONER: Papers relating to the pension claim of Mary tween the United States and the Sandwich Islands; which were E. Matthews-to the same committee. referred to the Committee on Foreign Relations. By Mr. HENRY G. TURNER : The petition of Dan Talmage-'s He also presented resolutions of the Commercial Exchange of Phil Sons & Co. and J. H. Johnson and others, of Savannah, Georgia, for adelphia, remonstrating a§uainst the construction of the proposed a modification of the treaty with the Hawaiian Islands, so as to im Delaware and Chesapeake , hip-Canal at Government expense; which pose upon rice from those islands the same duty that is imposed upon were referred to the Committee on Transportation Routes to the Sea rice imported from other coont.ries-to the Committee on Ways and board. Means. He also presented resolutions of the Philadelphia Maritime Ex By Mr. VAN VOORIDS: The petition of Mrs. Hugh L. Brinkley, chang , favoring the passage of the bill (H. R. No. 1059) to facilitate relative to women in civil-service reform-to the Select Committee the negotiation of bill of ladin~ and other commercial instruments, on Reform in the Civil Service. and to punish fraud therein; w nich were referred to the Committee By Mr. WATSON: The petition of honorably discharged soldiers of on Finance. Venango County, Pennsylvania, for the passage of the bill for the He also presented a petition of officers of the Thirteenth R~giment establishment of a soldiers' home at Erie, Pennsylvania-to the Com National Guard of Pennsylvania, praying for the passage of a law mittee on Military Affairs. for the better organization of the militia of the various States; Also the resolutions of the Merchants' Exchange of Saint Louis, which was ordered to lie on the table. Missouri, relative to the construction of a ship rail way across the He also presented resolutions of the Corporal S. Kelly Post, Grand Isthmus of Tehauntepec-to the Committee on Foreign Affairs. Army of the Republic, Gettysburgh, Pennsylvania, favorin~ ~he pas By Mr. WIDTTHORNE: The petition of ElmiJ:a C. Swoope, for sa~e of a bill grantin~ a pension to Mrs. Mary A. Wade; which were relief-to the Committee on War Claims. reterred to the Comrmttee on Pensions. By .Mr. C. G. WILLIAMS: The petition of citizens of Union Grove, He also presented a memorial of the Philadelphia Maritime Ex Wisconsin, for legislation for the suppression of polygamy-to the change, a memorial of the Board of Trade of Erie, Pennsylvania, and Committee on the Judiciary. a memorial of the Commercial Exchange of Philadelphia, remon By Mr. YOUNG: Memorial of the city council of Charleston, South strating against the extension of a patent on the steam grain-shovel; Carolina, for an appropriation to continue the construction of jetties which were referred to the Committee on Patents. in the harbor at that place-to the Committee on Appropriations. He also pre ented resolutions of the Board of Health of Philadel phia, Pennsylvania~ in favor of the passage of the bill before Congress ''to prevent the a