1882. OONGRESSIONAL RECORD-SENATE. 3777
;a.t Bernm.il.?. Ii J.mlred, in the co~ty of Chesterfield, in the State of I~DIA..." A.."TIQUIT~S. Virgir •.t; An act (H. R. No. 5804) to execute certain treaty stipulations :Mr. HOAR. Mr. President, I present a brief·but very interesting il'elating to Chinese; and . petition from the members of the New England Historic Genealog Joint resolution (H. R. No. 96) gmnting condemned cannon to the ical Society, asking legislation to protect some extremely interesting antiquities in New l\Iexico and Arizona. Under the rule it would b6 .Morton Monumental Association. my duty to make a brief statement of the contents of the petition. LEAVE OF ABSE~CE. I think, however, that can be better done by having it read. It is Pe~ding the motion to adjourn, leave of absence was granted by very short, and I ask the attention of the honorable chairman of the .unanimous consent, as follows: Committee on Public.Lands [Mr. PLUMB] to the petition. To llr. MORSE, for ten days, on account of important business. Mr. PLUMB. I should like to hear it read. To Mr. Cox, of New York1 until Monday next. Mr. HOAR. l\Iy request is to have the petition read, and I ask the To Mr. DAVIDSON, indefinitely, onaccountofsicknessinhisfamily. honorable Senator to do me the favor to listen to it. To Mr. BRAGG, for two weeks, on account of important business. The Acting Secretary read the petition, as follows: To Mr. DmBLE, for five days, on account of important business. HISTORIC GE~"EALOGICAL SoCIETY, To Mr. MOREY, for one day, on account of illness. SocmTY HousE, (18 Somerset street,) AMENDMENT OF PATEXI LAWS. Boston, Massachusetts, May 8, 1882. To the honorable the Senate of tlte United States: Mr. YOUNG, by unanimous consent, introduced a bill (H. R. No. Your memorialists, the members of the Kew England Historic Genealogical c6153) amendatory of sections 440 and 477 of the Revised Statutes of Society, would respectfully represent : the United States; which was read a first and second time, referred That there are in the Territories of KewMe:rico and Arizona twenty-six towns t o the Committee on Patents, and ordered to be printed. of the Pueblos Indians, so called, in all containing about ten thousand inhabitants; that the number of their towns was once very much greater; that these remain ORDER OF BUSTh'ESS. ing are the remnants of very ancient races in North .America.1 who e origin and hist-ory lie yet unlmown in their decayed and decayin~;t antiqruties; that many of Mr. STEELE. I demand the regular order. their towns have been abandoned by the decay and extinction of their inhabitantd; The SPEAKER p1·o te1npore. The regular order is the motion to that many of their relics have already perished and so made the study of Ameri ~djourn. can ethnology vastly more difficult; that the question of the origin of those Pneb The motion was agreed to; and accordingly (at five o'clock and los and the age of their decayed cities, and the use of some of their bnildin~s, now mapificent ruins, constitnt~ one of the leading and most interesting problems ef lorty minutes p. m.) the House adjourned. the antiquary and historian of the present age; that relic-hunters have carried away, and scattered wide through America and Europe the remains of these ex PETITIONS, ETC.· tinct towns, thus making thei.i' historic study still more difficult, and, in some par The following petitions were laid on the Clerk's desk, under the ticulars, nearly impossibie ; that these extinct towns, the only monuments or in terpreters of these mysterious races, are now daily plundered and destroyed in a :-ule, and referred as follows : most vandal way; that, for illustration, the ancient Spanish cathedral of Pecos, a By :Mr. BARR: The petition of Post No. 58, Grand Army of the bnildin" older than any now standing anywhere within the thirteen original States, Republic, of Pennsylvania, for the passage of the bill to establish a and bifit two years before the founding of Boston, the metropolis of New England, is being despoiled by the robbery of its graves, while its timbers are used for camp soldiers' home at Erie, Pennsylvania-to the Committee on Military fires, sold to relic-hunters, and even used in the construction of stables. Affaio:s. Your memorialists therefore pray your honorable body that at least some of By Mr. W. R. COX: The petition of W. N. Benton and 125 citi these extinct cities or pueblos, carefully selected, with the land reservations at zens of Johnston County, North Carolina, for an additional appro tached and dating mostly from the Spanish crown, of the year 1680, may be with held from public sale and their antiquities and ruins be pre erred, as they furnish priation for the improvement of Neuse River-to the Committee on invaluable data. for the ethnological studies now engaging the attention of our most Commerce. learned cientific, antiquarian, and historical students. Also, the petition of N. Shepherd and 100 colored citizens of Wake MARSHALL P. WILDER, County, and of W. A. Pattillo and 100 other citizens of Oxford, North President of the Kew England Historic Genealogical Society. Carolina, for an appropriation for educational purposes-severally EDMUND F. SLAFTER, to the Committee on Education and Labor. Oorre~ponditlg Secretary of the Kew England Hiswric Genealogical Society. By :Mr. CULBERSON: The petition of J. J. Haut and others, citi Mr. HOAR. I inove the reference of the petition io the Commit zens of Pecan, Texas, for the construction of a ship-railway across tee on Public Lands. I wish to say for the information of that the Isthmus of Tehuantepec-to the Committee on Commerce. committee that not only this society, which contains a great many By Mr. KASSON: The petition of Randall & Dickey, and nu eminent scholars interested in these researches, but some other soci merous other citizens of Des Moines, Iowa, for the passage of the eties in the New England States, as well as in the Northwest and Lowell bill to establish a uniform system of bankruptcy throughout other parts of the country, are paying now great attention to this the United St.ates-to the Committee on the Judiciary. matter of ethnology. The American Antiquarian Society, with By Mr. MOSGROVE: The petition of Thomas Magill and others, whose original founding Alexander Von Humboldt took a very large for the passage of a bill granting a pension to Lewis Lewis-to the interest, has made some very important contributions to the ethno Committee on Invalid Pensions. logical history oft~ country. Some of those gentlemen have ex By Mr. RITCHIE: The petition of John McConkie and 33 others, pended very lar~e sums in making researches in Yucatan and Mexico ·citizens of Port Clinton, Ohio, for an appropriation for educational and in our Territories of the West. By reserving these lands .from purposes-to the Committee on Education and Labor. public sale, or by some legislation which will protect the e antiquities By Mr. 0. R. SINGLETON: The petition of citizens of Newton from ruthless destruction, the Government can at a very slight co t ·County, Mississippi, and members of New Ireland Grange of said give much aid to their researches. eonnty, for the construction of a ship-railway across the Isthmus of Mr. PLUMB. Before the reference is made, I desire to say that I Tehuantepec-to the Committee on Foreign Affairs. know something of this subject through my acquaintance in the coun By Mr. THOMAS UPDEGRAFF: The petition of Hon. T. W. try where these ruins are located. I have seen the Pecos church to Burdick, J. A. Klein, Hon. E. E. Cooley, and 56 others, citizens of which reference has been made. Probably the statem~nt in regard Winneshiek County, Iowa, for appropriations of money to be dis to its antiquity is correct, and I have no doubtthefurtherstatement tributed among the common schools of the several States and Ter that it is going into ruin and that its timbers are being used up for ritories on the· ba-sis of illiteracy in such manner as to stimulate local various domestic purpo es is also correct. It is to be said, l,lowever, effort in education-to the Committee on Education and Labor. that that country contains a great many villages at which these an By Mr. G. D. WISE: The petition of I. Davenport, jr., guardian tiquities can be had, where they exist as fully as they do in these .of Ella B. Quigon, for the passage of the French spoliation claims abandoned villages, where the tribes owning the lands now occupy bill-to the Committee on Foreign Affairs. the village. The petitions of William P. Glover and others, and of Oliver Searles It would be, therefore, physically impossible for the Government .and others, relative to bountiest were reported from the Military to furnish the protection which is sought by the petitioners te any Committee under clause 2 of RUle xxn, and referred to the Select very considerable extent unless a guard was to be stat.ioned at each Committee on Pensions, Bounty, and Back Pay. place charged with the duty1 of warning off intruders. It seems to me the better way would be for the soCieties having an interest in this matter to avail themselves of the license which now exists of going to the different localities and gathering up the relics, as I SENATE. know has been done. A party, instituted in the city of Phila.del phia, I think, went out last year and gotsomeverysigni:ficant relics, WEDNESDAY, May 10, 1882. and variousother expeditions have been sent out from Yale College, Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. I think, for a similar purpose, no doubt with a similar result. The Journal of yesterday's proceedings was read and approved. I do not speak of this as specially detracting from the purpose of the petitioners, or as in any way anticipating what the committee EXECUTIVE COMl\IUNICATION. may do, or what I myself may think upon reflection; I speak of this. The PRESIDENT pro tempore laid before the Senate a communica merely as showing the difficulties in the way. I have no doubt that, tion from the Secreta.ry of War, transmitting reports from Major there are to-day many curiosities under the control of tribes wh0o Amos Stickney, Corps of Engineers, of examinations and surveys of have a right to the land upon which their towns are located just as .Atcha.falaya River and of Bayous Grand Cailiou and Little Caillou, sacred under the law as that of any man to hiB property, and which,.. Louisiana, made in compliance with requirements in the river and by reason of their occupancy, will be preserved, a.t least to a snffi harbor act of June 14, 1880; which was referred. to the Committee cient extent to accomplish all the purposes the petitioners have in ..on Commerce, and ordered to be printed. view. XIII-237 3778 CONGRESSIO~AL RECORD- E.1::ATE. MAY 10,.
The PRESIDENT p1·o lentpore. The petition will be referred to The bills adver ely reportecl were indefinitely postponed, a fol· the Committee on Puhlic Lands. lows: .A. bill (S. No. 1297) conferring upon the Court of Claims jnriHdic PETITIOX ~']) MEMORIAL • tion to hear and determine all claims again t the Government of the Mr. :O.A VIS, of \Ye t Virginia, presented a petition of citizens of United State ; Stonewall district Wayne Uounty, West Virginia, praying that Con .A. bill ( S. No. 1449) to provide for the investigation and cttlemcut gress take such ste1~ a in t~eir wi dom may be best to prol?ote the of claims against the United States which in jn ticc and good con interests of ed ncat,wn; \Yhtch was referred to the Comrruttee on cience ought to be paid by them; and Education and Labor. · A bill (S. No. 1586) for the judicial ascertainment of the facts in )fr. SHER~IA.l'f pre entetl a memorial of the John Bell Post, No. ca es of private clairru, and for other purpose . 119 of Washington, Ohio, in favor of the pa age of a bill providing Mr. CAMERON, of Wisconsin, from the Committee on Claim., to for 'an increase of pen ·ions to oldier who l.Jave lost one arm, one whom was referred the petition of .Mrs.l\Iary Dove, colored, of Utica,, hand, one foot, or one leg, or suffered an equivalent disability; which New York, prayin~ compensation for the use and occupancy of her was refened to the Committee on Pensions. property in Nashville, Teune,see, by United States forces during tho He also presented a petition of the faculty of Hiram College, Hiram, late war, submitted an adverse report thereon; which was ordered Ohio, praying for the passage of a bill for the distribution of national to be printed, and the committee were discharged from the further· aid to education on the hasis of illiteracy; which was referred to the consiueration of the petition. Committee on Education and Labor. Mr. HOAR, from the Committee on Claims, to whom wa referred Mr. BLAIR p1·e ·ented the petition of Rev. E. P. Merrifield and60 the bill (S. Xo. 707) for the relief of 1\lrs . .Anastasia E. Fish, sub other citizens, of the Baptist Society, of Lyme, New Hampshire, pray mitted an ad-ver e report thereon, which was ordered to b printed; ing for national aid to the schools for the Hati>e people in Alaska· and the bill wa po tponed indefinitely. which was refened to the Committee on Education and Labor. Mr. GROVER. I am directed by the Committee on Military Af fair , to \Yhom was refened the bill (S. No. 400) authorizing full pay TIIO:\IAS J. WII.ATITO:X. to Lieutenant Frederick Schwatka, United States .Army, while ou Mr. GEORGE. The Committee on Claims, to whom was referretl leave to ser>e in command of the Franklin search expedition iu the the bill (H. R. No. 69) for the relief of Thomas J. Wharton, 1h1xe .Arctic, to report it with amendments. l shall submit a report here had the same under consideration au:cl direct me to submit a report after. in favor of the pas age of the hill. 1\Ir. Bl TLER, from the Committee on the District of Columbia, to M.r. CAMERON of Wisconsin. I a k unanimous consent for the whom wa referred the petition of Josephine B. Bruce and other , consideration of the hill at thi time. The enator from Mis ·i ippi asking authority of Congress to ell the lot upon which is located the in a word can state what the bill is. Home of the X ational .A. soeiation for the Relief of De titute Colored The PRESIDENT pro tempore. The bill will be read for informa Womea and Children, and for 20,000 to erect a new building on a, tion. more eligible ite, submitted a report thereon, accompanied by a bill The bill was reatl, and by unanimous con. ent the Senate, a in Com (S. No. 1859) making an appropriation to erect a new building for nrittee of the Whole, proceeded to its con ideration. It appropriates the u e of the National .A.s ociation for the Relief of Destitate Col '250 for the benefit of Thomas J. Wharton, of Jackson, Mississippi, as ored Women and Children in the District of Columbia. compensation for profes ional services rendered by him in the south The bill wa read twice by its title, and the report was ordered tO> ern district of Mis is ippi, under appointment of the then district be printed. attorney of the Uruted States for the onthern district of Mississippi, JOH:X ILSBY A.....'\D OTIIER • in accordance with the statute in such ca e made and provided. ~Ir. ~IORG.A....,, The Committee on Public Lands, to whom was Mr. GEORGE. I any explanation uesired ? referreu the bill (S. No. 1689) for the relief of John Silsby and others, 1\Ir. INGALLS. The report had better be reatl. purcha er of the "Wen.ver tract" lot of land in the city of Selma, The Principal Legi lative Clerk read the report, a follows: tate of Alabama, have clirected me to report it without amend The faets on which this claim i founded will be found in the following report ment. I a k the en ate for the present consideration of the bill. I made in the House of Representatives : think the Senate "ill not refuse to consider it. "'l'he Commit+..ee on Cla1ms, to whom wa referred the bill (II. R. X o. 8GV} for th relief of Thomas J. Whart()n, have con itlered the same, and find that the report The PRE !DENT pro tempore.. The bill will be read for informa made thereon by the Committee on Claim of the second se sion of the Forty-sixth tion. Con~ss to the House of Representatives was correct, and adopt the same, which The Acting Secretary read the bill. is as follqws : The PRESIDENT pro tempore. Is there objection to the present " 'The bill proposes to pay to the claimant the sum of $250, for professional en·· ices rendered the Go>ernment in the southern eli trict oflli sissippi. con ideration of the bill¥ "'On the 16th day of June, 1874, Felix Brannigan, United States attorney for the .Mr. MORGAN. .A. lette.r of the Attorney-General, accompanying: southern district of Mississippi, purport:in IT to act "by Yiltne of the authority the report of the committee, recommends the confu·mation of the title. vested" in him by the fomteenth section ofthe act of August 16, 1856, appointed the claimant "to attend to ncb bu ines a may appertain t() th duties of my office l\fr. HOAR. Is the bill upon the Calendart during my- absence from the district in the pro. ecution of the cases of the tJnited The PRESIDENT 1J1'0 tem,pore. It is a bill just reported. States vs. H. B. McClure and J. W. Robbin!\, now pending before C. L. C. Ca s, 1\Ir. HOAR. Why hould not the bill go on the Calendar f United States commissioner in this district." The PRESIDENT p1·o tempore. The Senator from .A.labama re •• 'The claimant is a lawyer of ability antl attended faithfully to the duties desig· nated, and presented his account and asked to l1a ve it allowed. On the 20th day of quested its pre ·ent consideration. The Chair asked the Senate if N()vember, 1875, being a day in court, Hon. R. A. Hill, judge ofthedistrictcourt, there wa any objection to its consideration. The bill has been presidin$, after argument it was ' considered by the court tbat the appointment of read. said T. J. Wharton * * * was fully authorized by section 14, act of Congres Mr. IXG.A..LL . Bills are always read :t-or information. August 16, 1856, (11 Stat .. 51 ;) * * * that it wa the duty of the district att()r. ney thereunder to make sai
!k. HARRIS. I move that the bill and the accompanyin(J' letter ~Ir. ]IORRILL. I did not think there would be any opposition to n·om the bar of Hardeman 00unty on the subject of the bill be re thi meal'!n.re. It is very clear that the assay offices aTe distributed fened to the Committee on the Judiciary. all over the country, but unless bullion should be assayed by a Gov The motion was agreed to.. ernmentoffice it would have to be reassayed before it could be shipped lli. COKE asked and-, by unanimous consent, obtained le.'\V'e to abroad . introduce a bill (S. No. 1861) for the relief of A. C. Larkin; which .Mr. nECK. I merely rose to ay what the chairman has made was read twice by it ti:tle, and referred to the Committee on Indian very apparent to us, that the stamp of private a say offices does not Affairs. . bear the same authenticity that that of the Government assay offices Mr. HILL, of Color.ado, (by request,) a ked and, l)y u..uanim{)US con does; and bullion frequently require assaying because of the want sent o btain.ed leave :U0 introduce a bill ( S. No.. 1862) to .authorize the of security that cannot be had at private assaying e tablishments. Se c~etary of War te ,relinqui h and turn ove1· to the InteriOI" Depart l\Ir. l\fc.MILLAN. Did I understand the Senator from KanHas to ment certain ;parts•ofthe Camp Dougla militai:y reserv.atil}n in the say that there are communic::tting railroad facilities at this point Territory of Utah,; which was read twice b.y its title, .ant referred with Denver 'I to the Committee 011 Military Affairs. Mr. INGALLS. llapidly approaching completion, I am told. Mr. CO"'TGER aued and by unanimoas consent, obtained leave l\1r. McMILLAN. But there is no communication whatever by to introduce a bill (S. No. 1003) to place the customs district of Alex rail with that locality. andria 10n the same list with Georgetown, District of Columbia, and Mr. INGALLS. How does that change the proposition that whether Cherry. tone, Vi.I;ginia, and other districts -of that class1 which was there is rail or not the product of the assay offices has to be trans read twice by -its title, and referred to the Committee on Commerce. ported the same as the raw product of the mines 'I Mr. VEST.asked and, by unanimous ()Onse:nt, obtained leave to in Mr. l\fcl\IILLAN. It answers the objection of the Senator that trodooe a bill (S. No. 1864) donating tit :the city of-Saint Louis, :Mis there are rail facilities with Deadwood by which the ore can be trans souri., a certain strip of land for street .pl.Y.'poses; which was read ported to Denver, and to points nearer his own locality. There twice by its title, and referred to the Committee on Public Lands. i no 0ommunication by rail, I suppo e, ancl everything has to be l\Ir... ·PLUMB .asked and, by unanimous consent, •ol:ltained leave to transported by co ache , and there is great danger and inconvenience. introouce a bili (S. No. 1865) for the l'e1iefo()f.Mrs. Mary Blackburn; Mr. INGALLS. How is the dan~er obviated by making the assay which was read twice by its title, .and, with .the accompanying office a Government instead of a pnvate establishment f How is the. papers, referred to the Committee on Claims. danger of trausporta.tion obviated 'I M:r • .!IITCHELL (by request) asked.a.nd, by-un£nimous c nsent, Mr. McMILLAN. The ore will be as ayed at Deadwood if there-. obtained lea-ve to introduce a bill (S. ""o. 1866) for the relief~f Cas i a Government office there. imer Sufl'e~ynsk:i; which was read tw.ice by .its 'titile, and, with the Mr. INGALLS. Precisely; but the Senator aid that this wollll.d: aooompanying papers, referred to theC~mmittee on Military .Affairs. obviate the danger of transportation. ~r. ALI1RiCH asked and, by unauimous cons61l.t, obtained leave ~1r. 1\IcMILLA.N. I did not say that. to introduce .a joint resolution (S. R. :No. 62) for the relief ·of Henry l\Ir. INGALLS. Can he inform us how the difficulty is obviated!
A.. Greene.; which was read twice ~ - its title, .ud referred to the by havin~ r it a public as ay instead of a private a-ssay office f ()ommittee<6n Claims. ~1r. l\Ic.uiLLAN. I did not make that statement the Senato:r: at ASSAY OFFOCE AT !DEADWOOD. tributes to me, but I understood him to state th~tthere was conunu nication by rail with this point, and I supposed the Senator- was . The-PRESIDENT pro tempore. If there be no " tll oncurrelllt or other aware that there was no railroad thAre; I thought he ought to be. :resolutions" the morning hour is declared closed. Mr. INGALLS. I said it was rapidly approaching completicm. ]lr. .l\IO.RRILL. I ask now to take up out -of its order ~ bill :Ur. :MORRILL. I ask that the letter of the Director ofthe Mint be reported .from the Committee en Fina:noo,·establi£hing an assay office read, which, I think, wi~ satisfy everybody, excepting the Senator ::tt Deadwood, Dakota. from Kansas. that the bill ought to pass. The .PRESIDENT pro tempore. Is zt.kel'e objectnon to ta.hlling up the The Aeting Secretary read as follows : bill f The .Chair hears none. TREASURY DEPARTIIF~"T , llt;REAU OF TllE ~ ~ The Senate, as in Committ.ee of the \Vhole, ,proceeded t0 con ider Washington, D. 0., Aprill, 1882. the bill(S. No. 1604) to estabtish.an.assay office.at:Deadwood, in the m; I hve the honor t<> acknowledge the receipt by reference of the letter Territory -of Dakota. It establishes .an assay o:ffiee at Deadwood and atldressed bG yon by Hon. R. T . Pettigrew, as1.-ing your opinion as to the-necessity directs the Secretary of the Treasury to cause to be constructed a and propriety of .establishing .an assay office at Deadwood, Dakot-a, with a copy of · the 'bill introduced in the House of Representatives for that purpose, and: y.our suitable building at Deadwood for .the purposes, and pr~vide the llflQ.Uc t f0r my report therecm. same with rthe necess::try fixtures and.apparatus, .oat a costllQt exceed- .A.n .assay office is .of great local advantage in any gold or silver prodlJ:Cing ing $50,000. . r-egion where the precious metals are found in placers and the country is beillg.- Mr. INGALLS. It appears to me .that that ifl .rather .aR e:xtravar priOS ~ected .ti r the diseftv.ery and developmC?-t of new mines. • It :1.s .also '0€ great advantage where the mmes are scattered over a consiuerab1ti ,gant sum 1ie appropriate for tllis pucyo e .in that infant Territory. ~ .and -gold is obtained in limited quantities from mining operations not requiring 'f'he facilities already for assaying .are.ample.in1:b.e immediate neigh a large amount of capital, enabliu~ miners to secure a convenient and speedy ex borhood, and I doubt the wisd-om or lthe policy<>r the ;propriety of ehange of their ro1reftned bullion tor coin without deduction for the expense and .distributing these offices over different portions of •the •oountry to delay of it transportatiGn to a. distance for coinage. 'Ioo ;precions metals are found in the mountainous regions of the Black Hills in be followed, as they inevitably are, byeftorts :for-establishing mints. the we stern part of Dakota, and extend beyond the line into Wyoming in an area J .should like to hear from the Senator ftom Vemnont some .statistics whleh is being thoroughly prospected, and which yielded an increased amount ,6if the prodo.etion of that Territor.y ~hich wonld ·seem .t• warrant from the time Of the diScov-er-y of gold and silver in the Black Hills. in hisjuqgment this, which appearsrtre me an extravagan:texpendi The _gold deposits .a:t th mints and assay offices of the U nit~d States from the mine of the Territory of Dakota amounted in the calendar year 1879 to $2 436 209.07 lture. in 1880 to $3,19tl,188.62, mtd m 1881 to $3,474,837. , ' , lfr. l\IO.RlULL. A very large am-ou:atof Ol'e .MJ produced at Dead Th.e greater portion of this was produced by a few mines which havina abun w.ood, and the quantity is constantlif increasi~. The .amount is dant ea:pitaland being able to 81md their gold to the Mint or to the N~w Yor~ assay now larger I believe than is produced .at any other pln.oe, perhaps office Wlthout lo s, except in time and cost of transportation, would be little ben efited by tbe establishment of .an assay office; but to those interested in small or California eXtoopted, and it has to oo tr.aosported:to Omaha•Gr toNew plaeer mines and in prospecting these regions it would bo of great advanta.ae to Yo.rk- have a Government assay office where the value of their bullion could be :ccu ~!r. ING.AiLLS. Or Denver. rately ascertained and paid in eoin or bars and where Teliable assays could be ob tained upon which to determine the value of mines and ores and bullion obtained ~fr. MORRILL. Or Denver. therefrom. Mr. INGALLS. And there are ample £a.cilities uy rail,.a£ I under The production of gold during the last year in Dakota equals that produced in tan.d, for that transportation. li;DY State o: Territory in which an assay office is at" present located, and the estab :\fr. MORRILL. But it amounts to .a. eonside.ta.Me .expense, and lishment of an assay office at Deadwood would be u seful to the miners in that Territory. unle the assaying is done at a Governmen.t .offiee the bulli-on has to Respectfully, oo reassayed before it can be shipped abroad. It w&a in the ~pinion HORATIO C. BURCHATID, Director. of the Committee on Finance no more than a reasonable request on Hon. CHARLES J. FOLGER, the part of this Territory, where so large a sum of bullion is'() b:tained; Secretary of the Treasury. and the amount appropriated is that which has heretofore been con The bill was reported to the Senate without amendment ordere :Mr. MILLER, of California. Without losing its place. Then we face this proposition : it is said now that the Government The PRESIDENT p1·o tempm·e. The bill will be passed over with of the United States, having received the $5,4001 is bound by the dec out prejudice and the next bill on the Calendar will be announced. laration of the United States marshal who made the sale. I say here to-day, and I call the attention of Senators to it, if that proposition L. }'IADISOS DAY. obtains in this country, millions upon millions of dollars now in the The Senate, as in Committee of the Whole, resumed the considem Treasury of the United States must be taken out by force of the prece tion of the bill (S. No. 73) for the relief of L. l\fadison Day. dent that we now establish. If a United States marshal, can in mak The bill was 'reported to the Senate as amended, and the amend ing.a sale, declare that the Government of the United States passe ment made as in Committee of the Whole was concurred in. a perfect title, and if that amounts to a warranty or to a representa The PRESIDENT pro ternpo1'e. The question is, Shall the bill be tion that l?indsthe Government, what safety is there for the Treasury ordered to be engrossed for a thiTd reading t of the Umted States 'I bir. COCKRELL. Let us have the yeas and nays. The PRESIDENT pTo tempoJ·e. The Senator's time is out. ltlr. VEST. I wish to say a word upon the bill before it is put on Mr. COCKRELL. I hopemycolleaguewill be permitted to goon. its passage. It was the understanding that there would be no restriction on this The PRESIDE~TT p1·o tempol'e. Does the Senator from Missouri debate. desire the yeas and nays on the pending question or on the passage The PRESIDENT p1·o tem1J01'e. The Senator will proceed. of the bill'¥ ltlr. VEST. 1\Ir. President, is it possible that any lawyer, is it po - bir. COCKRELL. I will wait until after the argument of my col sible that any legislator, will assert the doctrine that a ministerial league. officer of the United States can bind this Government by a declara 1\fr. VEST. Mr. President, the amount of money involved in this tion made by him outside of his authority in making a sale of con bill is inconsiderable-$5,400 without interest is the entire amount; demned property, or under tlie internal-revenue law, or in admiraltyf but I ask such Senators as feel any interest in the establishment of Mr. MAXEY. I ask the Senator from Missouri, in the same line: what I consider a very dangerous precedent to giye me their atten suppo e a man acting under a power of attorney authorizing him to tion for a very few moments. do certain acts sees proper to go beyond what he is authorized to do, · I have no acquaintance with Mr. L. Madison Day, and none With would that bind his principal in any court' the adversaries in this suit which is now transferred to the Senate Mr. VEST. As a matter of course, not; it would be absolutely of the United States. As to Mr. Judah P. Benjamin, his interest has void; but here is a ministerial officer with powers and functions entirely terminated, and he is no longer a citizen of this country. limited and pre cribed by the law, and if the doctrine obtains that I repeat that the amount of money involved in the suit is incon thi officer can, in behalf of the United States, warrant a good title siderable, but the precedent about to be established, if this bill is to this property, what is the result Y Any corrupt man can go to a passed, is a most dangerous one and will certainly return to plague corrupt officer, and in the sale of any property, no matter what the us in subsequent cases. amount, can have the understanding with him: ''You put up the A brief 1·esu,me of the facts shows this condition of affairs : in 1858 property and sell it, and make certain representations; I will buy Judah P. Benjamin and Joseph Benjamin, his brother, were owners it, and if it is a good bargain, we will hold it and divide; if it is of certain real estate in the city of New Orleans. They mortgaged a bad bargain, your representations will set it aside, and I will go that property for a bona fide indebtedness of $10,000 to one Mr. :Micou, to the Government for the money." a citizen of New Orleans. In 1862 Judah P. Benjamin, having be ltlr. HAWLEY. May I ask the Senator a que tion for informa come secretary of state and afterward secretary of war of the confed tion 'I eracy, proceedings under the confiscation act were instituted against ltlr. VEST. Certainly. this property, not against the property of Joseph Benjamin, his blr. HA.'VLEY. I read in one of the reports that the marshal brother, but against the interest of Judah P. Benjamin in this real exhibited at the ale that that mortgage was nullified and satisfied. estate. Judgment of confiscation was had, and the property was On what was that certificate based t Where did he get the author ordered to be sold. There is no sort of question or dispute but that ity' the whole interest which was sold in this real estate was that of M.r. VEST. That certificate was based upon an absolutely illegal Judah P. Benjamin alone. The judgment was entered, and there order of Judge Durell. was no notice to Joseph Benjamin and no pretense that he was a :Mr. HA. WLEY. There was no basis to it, then, bntthe order of the party to the record, directly or indirectly. court f · Just before the sale the most extraordinary judical order was en Mr. VEST. None in the world, and it was made without notice tered ever known upon the records of this country. Judge Durell, and made without right. whose name will never perish fr6m the judicial annals of the United M.r. BECK. It was a general order. States, entered on record an order, without the slightest pretense of 1\Ir. VEST. It was a general order declaring all mortgages in justice, law, right, or precedent, in which he declared that all mort reO'ard to confiscated property eliminated. gages upon property attempted to be confiscated should, by a single ~Ir. CA.MERON, ofWisconsin. If the Senator will allow me, it was dash of the pen, be eliminated from the records of the court. It a general order made some months prior to the libelfug of the prop was a brutal order. It was not only unjust, it was not only contrary erty alleged to have been the property of Benjamin. to precedent, it was not only without one scintilla of law or justice, :Mr. VEST. Ye ; made on the motion of Government counsel. I but, I repeat, it was a brutal judicial order. care not on whose motion; it was absolutely void upon its face, as That order attempted to say to Micou, and afterward to his widow every lawyer must know, and a lawyer that did not know it ought to and heirs, who we're the parties to the suit in the Supreme Court, have had his license taken from him eo instanti and his name stricken Micou having died, that their $10,000 with interest, owing bona fide from the roll. The proposition that a United States district judge, to them, should be eliminated and cease to be a just indebtedne s. without any statute, without any principle of law or justice, could For that sort of action there cannot be the shadow or scintilla of a destroy my mortgage bona fide given to mefor$10,000 of loaned money pretext; and when a lawyer comes before the Supreme Court of the is so monstrous that the mere mention of it brings a blush of shame United States, and afterward. before the Senate, and says that he to the cheek of every lawyer that a man wearing the judicial ermine relied upon that order in order to obtain the title to real estate, it of this country ever entertained it for a moment, and it looks to me passes the bounds of ignorance. It is impossible that any man, most marvelous to find such an outrage advanced as a defense for whether a lawyer or not a lawyer, could have come to the conclu Mr. Day's purchase. Here the United States Government got the sion that that order gave him any title whatever. money, and it went to the benefitoftheArmyunderthe confiscation Mr. Day says that he bought at tills sale, giving $5,400 for this law; and now it is proposed to take it out of the pockets of the peo property, and that he knew nothing about the title of Joseph Ben ple of the United States to pay it t-o Day, after he expected and tried jamin, and that he knew nothing about the mortgage put upon ~get rid of a . mortgage for $10,000 justly due to a widow woman. record in 1€58. I submit to every honest and candid mind, is it pos and her children. We have heard a great deal here of the wrong and sible that this gentleman, prowling amongst the records of New hardship perpetrated upon this man by taking his money and keep Orleans, a lawyer by profession, an eminent lawyer, who filed his ing it in the Treasury. Mr. Day examined this record afterward, elegantly-bound brief in the case of Day vs. 1\Iicou in the Supreme and here is the brief in which he argued it over and over again. He Court of the United States, and si~ed it "L. Madison Day in pro knew all about the mortgage. After he got this information did he p1'ia persona," commencing his brief with English poetry and ending stop t Did he stop as soon as he found it was a bona fide mortgage f with the Greek classics, is it possible thBt this gentleman invested Did he stop as soon as he found the order of Durell wa-s absolutely his $5,400 and never examined the record, and never knew that void and illegal f He persisted until the Supreme Court of the United Joseph Benjamin had a title to this property, and that a mortgage States told him he could not destroy this mortgage. for $10,000 in fair form of law was then ·spread upon the records of Mr. JONES, of Florida. Permit me to ask a que tion f the parish of Orleans' Sir, I do not believe it, and I cannot believe 1\Ir. VEST. Certainly. it. It surpasses the bounds of the utmost credulity. :hlr. JONES, of Florida. Suppose he had not contested for his :Mr. Day says he not only did not know that there was any mort right as against that mortgage, would he stand on as good a footing gage and did not know that Joseph Benjamin had any title, but he to-day with respect to the Government as he stands now, having says that he relied upon this order of Durell. He must have known contested the mortgage! as a lawyer that it was without one scintilla of tha pretense of legal Mr. VEST. He could at least have satisfied himself \vith making foundation. In addition to that, he relied upon the declaration of a reasona~le contest, if all he wanted was to make a case for relief in the United States ma1~shal that the mortgage had been eliminated, Congress, instead of filing that enormous brief, filled with English and that the title was free. poetry and Greek classic and. signed ~' L. l\fadison Day, in pt·opria 1882. CONGRESSIONAL RECORD-SENATE. 3781 persona," commencing with "The Star Spangled Banner" and wind and giving it to this poor woman, and Gregory was no lawyer; Greg ing up with a quotation from Lysias. He could, atleast, have said: ory, who made this purchase, the dead husband of this woman, was "I do not want to take the patrimony ofthese children and the little no prowling assignee or attorney, hunting through the records, aa :pittance left to this woman, Mrs. Micou; I will satisfy myself as a this man Day was. lawyer, a distinguished counselor and advocate, by making just such The evidence shows that Day first undertook to get his property a case as will afterward give me relief from the Government;" but by a tax title, ancl remained in possession four years and a half he invoked not only the civil but the military power of the Govern without paying any rent to the Government. He purchased under ment in that brief, and he said the war was still fla~rant and the at J. Madison Wells, and obtained a tax title from him. His object tempt to take this property from him was an act of nostility against was to get an additional muniment of title by buying under the the Government! confiscation act, and yet we are told he is an innocent purchaser Mr. .MILLER, of California. What was the amount of the mort- holding the property four years and a half without rent by the tax gage~ title, then buying under the con:fi.scation act when he says he never Mr. VEST. Ten thousand dollars, with interest from 1858. examined the record and did not know that anybody but J. P. Ben :Mr. MILLER, of California. And the :purcha e-money was $5,000 f jamin bad any interest in it. 1\lr. VEST. Five thousand four hundred dollars, and he got in Mr. INGALLS. When the attempt was made to foreclose the that purchase all that be bought, and that was the interest of Judah mortgage did be endeavor to set u:p his title T P. Benjamin, and the court never sold anything else, and the record Mr. COCKRELL. Yes, sir; he undertook it. shows that the court never pretended to sell anything else; and yet Mr. VEST. He was a :party to that suit. this gentleman claims now that he bought the interest of Joseph Mr. INGALLS. When the foreclosure of the mortgage occurred did Benjamin, who never was a party to the suit, and never had any he set u:p his confiscation title Y thing to do with it, and besides that bought the laud discharged Mr. VEST. Yes, sir; he was a party to that snit. That was the of the mortgage of ·10,000 for Mrs. Micou and her children. If case that came up in which he filed the brief to which I have referred. that is not the ileaviest judicial game I have ever known I shall be Now, Mr. President, let us look a little further. · When did this Gov obliged to my brother lawyers for calling my attention to a :prece ernment ever assert the doctrine or act upon it that we were bound dent. Yet thi is an unsophisticated country gentleman, who lived by the representations of afcrents of the Government outside of their out of town and did not know his rights! authority given by law~ want to call the attention of the Senate Mr. President, let us look for a moment at what the Supreme Court to a case pretty well known here, the case of the Cherokee Tobacco of the United State has said and the authorities in regard to this reported in one of the volumes of Wallace's Reports. That was a sale. I want to dispose of the question, that the Government is case in which Elias C. Boudinot and Stan Watie, his uncle, put up a bound in law or equity by the declarations of a marshal Rorer on tobacco factory in the Indian Territory under a solemn treaty made Judicial Sales, pages 167 and 168, says: by the Government of the United States with the Indian txibe, in It is a well-settled principle that in judicial sale there i no wurranty. The which they declared that no internal-revenue duty should be col officer, trustee, or person executing the deed is the mere agent or instrument of lected in that Territory. That factory was put up, and they went the court; is not liable for defect of title or insufficiency of the proceedings ; nor at all, except for fraud, unless he conveys with warranty, and then the covenant to manufacturing tobacco. Before they ever put up one single soli of warranty binds him personally, and him only. tary :plank in the way of building, or manufactured one single leaf of tobacco, they went to the Secretary of the Interior and to the In Again, the same authority says on page 168 : ternal Revenue Bureau and inquired in :regard to what the Govern The rule of caveat emptor applies in all its rigor tQ judicial sale of real property. ment would do under the construction of that treaty, and they were Now, I call the attention of lawyers here to the ~lonte Allegre told to go on and not one dollar would ever be collected from them. case deciderl in 9 Wheaton, 616. That was a sale of tobacco made They did go on, and after the factory was in successful opera.tion the by a Government officer, and be sold by sample and made false rep officers of the United States levied on it for internal-revenue taxes resentations as to the quality of the tobacco. Afterward the claim and got away with over $50,000 worth of :property, and Boudinot has ant sued for the proceeds of the sale co.-ered into the Treasury, and been knocking at the doors of Congress for justice ever since, and here is what the Supreme Court of the United States aid: to-day all he can get is a bill remitting hi..ui to the Court of Claims Generally in all judicial sales the doctrine of caveat emptor mw t necessarily to there adjudicate the whole question. apply from the natu.re of the transution, there being no one to whom recourse can Talk about hard cases before the Departments! There is another be had for the indemnity against any loss w hicb may be sustained. Is there then claim pretty well known here as the Ben Holladay claim. Mr. anythin~ l>eculiar in the powers of a court of admiralty that will authorize the interpos1t10n or justify granting relief to which a party is not entitled by the Holladay :proved that the President of the United States, Abraham settled rules of the common law~ We know of no such principle. Lincoln, told him when he went to him in regard to the mails that And there can be no case found, as I und11rtake to ay, in the de he was carrying across the plains, "Mr. Holladay, move your mail cisions of the Supreme Court of the United States where they ha.-e service from one route to another. I will give you the troops of the United States to :protect you." "But," said Holladay, ''the Indians ever held that the doctrine of caveat emptor did not apply to proceed will break in and destroy my :property." "If they do," said Lin ings in rent. Why, Mr. President1 talk about ca es! Here is a ca e decided by the Judiciary Committee of this body when Judge Thur coln, ''Congress will pay you fully and indemnify you." And yet man was the chairman of it, a gentleman who is reputed to be a a majority of the Senate bas held that neither Mr. Lincoln nor any Jlretty fair lawyer. Here was the bi11 Senate bill No. 280, Forty- other officer of this Government outside of the authority given him ixth Congress, first session, for the relief1 of Ann Gregory, widow of can bind the Government or make the Government responsible for Charles N. Gregory, deceased. Now, listen: his declarations unauthorized and unsanctioned by law. But we are told that 1\lr. Day must be :paid a gentleman like Joseph Whereas, by a decree of condemnation of the Unit-ed States district court for the in eastern disbict of Vir~nia, one certffin tenement and lot of lands situate, lying, of Arimathea, "a counselor learned the iaw," this innocent, un- and bein$_in the city oi Alexandria, State of Virginia, bein~ the property of Wi11- ophisticated gentleman who :filed his own brief in the Supreme iam N . .McVeigh, was condemned as forfeited to the Uruted States, under the Court, an expert in land title , who made a business of getting hold general confiscation act of July 17, 1862; that thereupon the said lot of land was of real estate for the purposes of profit-we are told that be must be sold, and thecon'\""eyancethereofmade byJohn Underwood, as United States mar· shal for the eastern district of Virginia, to Charles N. Gregory, deceased; and protected! that the said tenement an damnation in admiralty or an internal-revenue suit, and if he can get ·• Thick a autumnal leans that trow the brooks In Vallombrosa," that officer to make certain declarations he can say to him : ''If we before ..,omc find the sale profitable we will divide; and if not, we will set it aside ' Of the last few who, v~inly uravc," and I will go to the Treasm·y of the United States and get back the and who would theoretically, merely, money." '·Die for the cause they could not ave,'' Here is a doctrine of great public policy, of precedent, which we rushed into the courts, renewed the contest in another form. and we are he1·e are asked to strike down. The great rule of cat:eat ernptm·, we are to-day on a writ of error to the supreme court of Louisiana to revorse a victory told, does not apply to the Government of the United States, but obta.inl:'d in this new mode of hostility and attack upon the power anu authority that, so long as the Treasru·y is able to pay, this claimant ha a right of the United States and the right of one which are firmly based upon the same. to come and demand the money. 1\fr. Day declares that the war still continue , and that this was But one word more in regard to the positionon the other side, and simply a new mode of attack after the hot and hell and saber stroke I am done. I take no peculiar interest in the matter, and I discharge of the rebellion had been put down. That L. Madi on Day, an un this simply as a public duty. I do not care for the ··5,400 going to sophisticated country gentleman, a litigant, "'"a the 11r t victim to this man, but I see no claim in law or equity, northetitleorshadow this new mode of attack. Then be went on and argued the propo of a claim here. sition that this woman should be robbed of thi , 10,000 and intere t; It is said now by my friend from Loui lana and my friend from and finally concluded his brief thus : Florida that this claim wa made under the laws of Louisiana, and .AX'lxoa'Tf ewpcl.xan r.m6v8a'TE EXE'Tf ~Lxa~ETE.-Lysias. the doctrine of ca1:eat emptor does not apply. As I understand the L. l'l.L\.DI OX D.A Y , rule in Louisiana, where the civil law obtains, the purchaser must In propria per~ont:i. in the first place go upon the plaintiff-creditor, and exhaust his 1\fr. President, it ha been orne year ince I studied Greek, and I remedy there, before this ru1e applies. There is no pretext that do not propo e to gh·e a literal tran lation. If I might be permitted this man has ever done that, or that Judah P. Benjamin has not to give a translation peculiarly applicable to all the circumstance. to-day property in the State of Louisiana subject to his claim. and facts of this case as declared from Mr. Day's own showinO', I But, waiving all that, I announce the proposition that the law of should ay that it ought to be translated in the terse American l~n Louisiana has nothing at all to do with this question. This was a guage of the distingui heel Artemus Ward: "He paid his money, sale under a United States statute; all the rights of the parties ac ancl he took his chance." [Laughter.] crued under a United States statute, and the Supreme Court of the !.fr. JONBS, of Florida. Mr. President, I do not think we are here United States has decided over and over again that when the Fed to pass upon this gentleman' capabilities as a poet; his poetry ma ~y eral tribunals are proceedinO' under a United State· law they pro be very good, or it may be very bad; but I do not think that ha cee(l under that statute until the execution is satisfied. .Any other much to do with this ca e. I know >ery little about Mr. L. Madison doctrine is monstrous. Do gentlemen seriously argue that the rights Day. I had no knowled$e of him whatever when I first wrote the of the purchaser at a sale made by a United States court in Missouri report in his ca e. I looked upon the facts a I would in any are different from what they are in Louisiana In Missouri the doc other ca e, and judged of his right to relief outside of his a ocia- trine of careat emptor applies, and in every other State of the Union tions, hi poetic a pirations, or anything else. . .except Louisiana. Is it possible that the State of Louisiana by a The argument of the enator from 1\Iis ouri goes too far. He un statute there can defeat the ri~hts of a purchaser under a United dertake to compare this ca e to the case of a man who is see kin 0' to Stat es title when that cannot l.>e done in any other State in this obtain from the Treasury money that he ne>er paid into it. There whole Union f is no such ca e here. 'Vhen he peaks of that vast cla s of ca es i u The Supreme Court has disposed of that question, has disposed of which raids are intendell to be made upon the Trea ru-y by meu it in the case of Wayman 1:8. Southard, in 10 Wheaton, and Riggs t'B. who ne>er depo ited a dollar in its vaults, he is speakinO' of ca e .Johnson, in 6 \Vallace, and anothe.r case in 9 Wallace, and in the e >ery different from this. When he speaks of that undefined ancl un cases the Supreme Com·t laiu down what there can be no question definable re pon ibility "'"hich may flow from the a sections of a u about, that where the Federal tribunals are investigating a question officer at a ale, unaccompanied by any judgment of a comt h e i under a State statute or a State constitution they will follow the speaking of that which doe not exl t in this case. highest tribunal of that State as to the rights of citizens; but when The case here rests upon a few fact ; and outside of t he anteced the United States is proceeding in its own courts under a United ents of the man, his land-grabbing proclintie , his lo>e for poetr y States statute, then, until the execution it elf is paid, the 11roces of and the old flap;, ancl all that kind of thing, the en e is to be d et e1:. the court and the remedy of the purchaser are all under the United mined by the Senate of the United States in a different vein from States statutes. Any other propo ·ition would subvert the great that. The question is, whether by reason of that very illegal order principle that a court has always the right under its own laws ancl of the eli trict judge, npon which he bad a right to rely, havin O' paiu proceedings to enforce its own judgments and give the proper remedy his money under it, he i not entitled to thi fund from the G~v e rn .:to purchasers under tho e judgments. That is the doctrine, and ment of the Ullitecl States the same a he would if the fund wa , still therefore the statute of Louislaua has nothin~_to do with the case. in tbe.cnstody of the eli trict court. Now, ~fr. President, who is this 1\fr. L. 1\lauison Day Is he an :Mr. BECK. Wny had h e a right to rely upon that order innocent purchaser Does he pre ent himself to this tribunal in such :Mr. JO~ES, of Florida. He relied upon it a numbers of other phase and ncb gui e that an exception shou1d be made and a great men of e has expired. Will the Senate give unanimous consent to the Sena the lien of the mort~age and the funcl held for the benefit of the tor from :Florida to proceed t The Chair hear no objection. mortgage creditor; nut the court of review said no, and it is possi ~IT. JONES, of Florida. I say there wa.s just as mucJ:t author ble that this man Durell, taking this confiscation law in the midst ity for the one order as for the other, and m the case I c1ted from of war, and thinking the Government intended in a case of confisca .Judge Bradley's decision the very identical principl~was.involved. tion to eize the estate and sell it whether mortrraged 01:not, reserv The gentleman to whom I referred, one of the most mtelhgent men ing as far as it was possible to reserve the right of the mortgages I rv 'r ]me", a citizen of the State of Kentucky, regarding the order against the fund, directed the sale of the property discharged of the. of iJ.1c district juuge in Florida as conclusive on the mortgage-cred lieu. \Vhere is the difference in principle between the two cases f itor purchased an estate, as he thought discharged of the lien, and There was just as much authority for the one as for the other. he t'ook the property and kept it for three years and built it up, put With this man's poetry, with his professed love for the old flag, improvements on it, and after that the mortgage-creditor carne in and all that kind of thing, I have nothing to do. I have nothing to nml foreclo eel over him and took away not only the amount of hi do with this case but as a Senator representing in part the interests -oricrinnl purd1ase but his improvements; an(l then the purchase of tbe Government, and not »illing that for any can e injustice or mo~lC:J was refunded to him by the circuit court, which was all it wrong shall be done to any man, no matter what his opinion or con -couhf do, npon the principle that the order of the district court had dition may have been. led him to believe and ~ave him reason to belie\e tha-t he '\\as taking 1\fr. CAMEROX, of Wisconsin. Mr. President, I am a member of the estate discharged of the lien. the committee from which thi bill was favorably reported. I have The question here i not merely a matte_r of bOl;mty; it is a mat had some acquaintance with the claim since it first appeared in the ter of right. If that court had no authonty to direct the propel'ty Forty-fourth Congre s. A bill for the relief of Mr. Day was intro ' to be sold discharged of the lien of the mortgage, and the Govern duced in the Forty-fourth Congress and referred to the Committee ment rrot the benefit by obtaining this man's money under an illegal on Claim, of which I wa theu a member. It was as i!med by that order ~ade by one of it own judges, upon what principle can it hold committee to the Senator fi.·om Florida, who has just taken his seat, the fund. This i not a case where the party comes before the Sen as a sub-committee for in\estigation and report . .ate to ask for a sum of money that he never paid into the public Mr. COCKRELL. It was first referred to the Senator fi.·om Mis Treasury, on account of damages susta,ined by the misrepresentations souri and by him adversely reported, and that adverse report ap of a marshal or any executive officer. It will be time enough to deal proved by the committee and submitted to the Senate, and then it »itb such cases when they arise ; but I say to the Senator from Mis was reconsidered and recommitted to the committee and referred to -souri that this is not that case. the Senator from Florida. This man paid his money, as he says, upon the faith of the title Mr. CAMERO:N, of Wiscon in. Yery well. How many of the cruaranteed l>y the district court, and he has the \ery same demand reports have been adverse How many favorable f ~rrainst the Treasury, which has this money in it, that he »onld have Mr. VEST. I think three on each side. There ha\e been really if the fund was still in the coffers of the district court ; and I ask three favorable reports, and they are copies of each other. Generally here to-day if there is a lawyer in this body who is prepared to say the Senator reporting favorably contented himself with a copy of that any chancellor in the United States, holdinrr his commission the previous reports. I think they stand about equalin number and under a State or the General Governmenti after he directed property as to character of the lawyers who made them. -to be sold discharged of a lien, whether egally or illegally, and it lli. CAUEROX, ofWisconsin. As the Senator from Mi souri [Mr. -turned out that his order was invalid and inoperative, who would CocKRELl.. ] states, the ca e was first assigned to him as a sub-c(lm not, if he had control of the fund, restore it to the purchaser' mittee. I now recollect that fact; I did not at the time I made ths 1\Ir. VEST. I should like to ask the Senator, does he belie-ve that remark that it was assigned to the Senator fi.·om Florida. He came Mr. D:ty purchased that property and paid that ·5,400 without ever to an unfavorable conclusion upon the claim. It was afterward, as looking at the record, without ever looking at the judgment, without I said, assigned to the Senator from Florida, who I'eported favorably 1.-nowin rr anything about it except what the marshal said at the sale f upon the bill. I concurred in that report. It has been reported sev Mr. JONES, of Florida. I never directed my mind to that ques eral times favorably from the Cominittee on Claims. I have con tion, because it is entirely irrelevant. curred in all of these reports. Mr. VEST. I think it is very relevant. Mr. COCKRELL. And there has always been a minority report. Ir. JO:~TES, of Florida. It is entirely irrelevant. I ha\e nothing :Mr. CA.MERO:N, of Wiscon in. Not every time, becau e there is to do with this man's motives, his belief, or his convictions; I am only no minority report now. There always was a minority report so long acting npon this case as I find it upon the record. I find that the as the Senator from Missouri [Mr. CoCKRELL] remained upon that marshal did say at the sale that he sold this property discharged of committee, but as soon as he went off the committee the committee the lien under the direction of the court. That was enough. I do reported unanimously in favor of the passage of this bill. not care whether Day before that time or not examined the record, The facts in regard to this claim are pretty well understood. The but if it turns out to be true that the marshal had the authority of Senator from :Missouri the other day, the senior Senator from that the court for making the declaration that he did make, this pur State, [Mr. CocKRELL,] assumed to give the facts exactly as they chaser, no matter what his status was, had a right to stand upon were. He was not content to say that he would state the facts that declaration. exactly as he understood them, bn.t he assumed to state the fact Mr. VEST. Whether the judgment was void or not! exactly as they are. Now, I know something about the facts, and I do lHr. JONES, of Florida. Certainly; whether the judgment of the not agree with the Senator from Mi souri in his statement of all ths .court was worth the paper it was written upon or not, he had to act facts. I ventured the other day, when the Senator was addres ing upon that, just as Mr. Richardson, of Kentucky, did in the Florida the Senate, to inquire if the court did not find that the e two quares case; and the one order »as just as valid as the other, for Judge of ground were the property of Judah P. Benjamin. The Senator Locke had no more authority to direct the sale of the Alabama and had made a very energetic argument-I think I can \ery safely say :Floriua Railroad di charged of the lien of the first mortgage, under it was an energetic argument if I cannot say anything more in com the bankrupt law, than Durell had to order the sale of Benjamin's mendation of it-asserting that Joseph Benjamin was a part owner property discharged of the Micou mortgage. How did the court deal of these two squares of ground, and I made the inquiry to which I with Richardson when he came back after havin~ had possession of have referred. The Senator replied very emphatically that the court the property for three years f "Ye , you are ent,ltled to your fund; found nothing of the kind. I did not have the record before me at you are entitled to your money, because the district judge by an that time, and he appeared so confidentabout it that he put me down illegal order directed that property to be sold di charged of the lien, for the time being. I have since, however, examined the record and and thi ·court pronounce the order a nullity." Why was not Rich I find that I was right and he was wTong. a:rdson held to the doctrine of caveat emptor by one of the best common Mr. COCKRELL. What record does the Senator speak of, and law judges that ever sat in the United Statest what courtf Mr. Y.EST. Was there ever a final confirmation of that sale. Mr. CAMEROX, of Wisconsin. I refer to the dh;trict court in Mr. JO~TES, of Florida. Yes, sir; jt was finally confirmed. Louisiana. Mr. VEST. It was considered in the circuit court on a bill of Mr. COCKRELL. That may be. That court may haYe found that revie·w. fact, but the Supreme Court did not find it. Mr. JO:NES, of Florida. It wasdi posed of there on a billofreview 1\Ir. CAMERON, of Wisconsin. That was the inquiry I made at the in equity when all the equities were considered. \Vhen I say that time. of Judge Bra.,dley I say nothing but what the profession universally ~Ir. COCKRELL. You do not find it in the Supreme Court report admits, that as a common-law judge and i1 man capable of adminis by any means. tering the right of property between citizens according to that code, Mr. CAMERO:N, of Wisconsin. I was not speaking about the he ha no superior in this country. He held that the doctrine of Supreme Court reports. cw:eat emptor did not apply; that the district judge's order was an ~Ir. COCKRELL. That is what I was referring to. a b olute nullity, and that inasmuch as the purchaser had a right to 1\Ir. CAMERO X, of Wisconsin. I was speaking of the district court rely upon it as valid, be not being held to strict judgment whether in Louisiana which passed upon the q nesti on before the sale was made. it was right or not, as he paid his money on the faith of it he was Now, it does appearthatinH!58 Joseph Benjamin and Judah P. Ben entitled to a restitution of the fund. jamin were the owners, each owning a moiety, of the landf:i. I have \There is the difference between that case and this' The district the libel which was filed against these squares of ground before me. judge, taking tbat narrow new trhich prevailed in the first days of It is allegetl in that libel, after giving a de cription of the land- the bankrupt law, thought, as I said awhile ago, that public pol That Judah P. Benjamin is, and was on the 17th dlly of .Tul.~. 1 G~, and previ icy required that all of thi property shoulcl be sold di charged of ously thereto had been. the owner of the above-described propert.r. 3784 CONGRESSIONAL RECORD-SENATE. MAY 10, Not the owner of one-half of it. made to create the impression that the claimant in this ca e was an ad venturer r a stranger, a camp-follower, and an informer; one who, holding no conviction ' The PRESIDING OFFICER, (Mr. HARRISo~ in the chair.) The upon either side of the civil war which lately convulsed this Republic, occupieQ.. time of the ·cnator from Wisconsin ha expired. his time in purchasing confiscated property and makin~money out ofthe miseries :Mr. COCIJ.RELL. Let him go on. That is the under tanding as and exigencies of the country. I say I regret to :find mat an attempt has been. to this bill. made to create this impression. · This must be my excuse and my apology for informing the committee that Mr. The PRESIDING OFFICER. The Senator from ·wisconsin will Day, the claimant, was are ident of the State of Louisiana a long time before the proceed with the con ·ent of the Senate. war began. He was a. native of Kentucky, and came to Louisiana twelve years Mr. CAMERON, of Wisconsin. That, then, is the allegation of the before the be~ning of the war and entered into the practice of law there. H e- libel, that Judah P. Benjamin was the owner, not of a certain inter was conservative in politics, a candidate for elector on the Bell and Everett ticket in 1860, and when the war actually began be sided with the Union cause. est, lmt the owner of these two squares of ground. I have the :find Since the war he has pursued the practice of his profession, and is universally ing of the district court before me, and the district court find as a esteemed a.nd beloved by those who know him. His character for inte~ty, for fact that Judah P. Benjamin was the owner of these two squares of honesty, and for fair dealing is equal to that of any gentleman who sits on tho floor· ground. That was the inquiry I made the other day, and the fact of this"House. which the Senator from l\li ouri so emphatically denied. This bill has been reported favorably in the House of Representa Mr. VEST. If the Senator will permit me, here is the decision of tives during the present session of Congress. The report was made the Supxeme Court of the United States, which says that that judg- from the House Committee on Claims by Mr. M.ASO:N, of New York. ment was illegal. · He discusses in his report the question of caveat emptor, and he does. Mr. CAMEROX, of Wisconsin. I am aware of that 1 but that was not at all agree with either of the Senators from Mis ouri in regard not the inquiry to which I addressed myself at that tune. to that. I will quote from his report: Mr. VEST. It is a pertinent inquiry what that tribunal thought This is not a. case to which the rule of caveat trnptor can be applied for severar of it. reasons. Mr. CAMERO~, of Wisconsin. That inquiry is not pertinent for In the first place it might be quite sufficient to say that as it has been expre sly the reason that this finding of the Louisiana district court was made and definitely settled by the Supreme Court of the United States (in Wheaton vs. Peters, 8 Pet., 658) that there is no common law of the United States, and no pri11r prior to-the sale of the ground, prior to the purchase of it by Day. ciple which pervades the Union or has the authority of law that is not embodied. It was a decision upon which, as we contend, he had a right to rely, in the Constitution and laws of the Union, caveat emptor, as it may exist in England and upon which, a a fact, he did rely for the purposes of this case, and in some of the different States, cannot be invoked as applicable to a. sale or I contend, no matter what the Supreme Court found three or four property by the Government as its own when that doctrine has not been embodied. m any Federal law. years afterward. Indeed, the oonflscation act, so far from adopting or countenancing the doctrine It is asserted that :Mr. Day ought to have known of the existence of caveat empttw, expressly required that the proceedings should be in rem, and. of this mortgaget ~nd ought to have known that the order of Judge that if the property libeled should be found to have belonged to a person enga~ed . in rebellion, &c., the same should be condemned as cnemies'lroperty, and become Durell, under which the mortgage was canceled, was void. The the property of the United States, and might be disposed o as the court should. order of Judge Durell was not made in this case; it had no particu decree. lar reference to this case; it was made a number of months before .And it was further provided that the courts intrustoo with the execution of the· the Benjamin land was libeled, and it had reference not only to this statute should have power to establish such form of decree, and to direct such. case but to .all similar cases in that judicial district. There is no deeds to be executed and delivered where real estate wa sold as should fully and efficiently eftect ·the purposes of the act, and vest good and valid titles in th~r question about the fact that this order was entered upon the motion purcha ers. (See 12 United States Statutes, 591, sections 7·and 8.) of the United States district attorney for that judicial district; that the order was made by Judge Durell; that at the time this sale was It was under section 8 of the confiscation act that the order of' made, immediately before the sale the marshal made public outcry Judge Durell was made; and notwithstanding what the junior that all mortgages upon this property would be canceled pursuant Senator from Missouri has said, it was believed at that time by many to the order of the district court. l\Ir. Day was present and heard good lawyers that the order was a valid order and that all cancel that statement made by the marshal, and he declared that he relied lations of mortgages made under it were valid and effectual. upon that statement; and we claim that he had a right to rely The PRESIDE.NT pro tempore. The hour of two o'clock having. upon it. anived, the bill goes over until to-morrow. Some question has beeJl raised in regard to the value of this ~fr. SHERMAN. Cannot we have a vote on it now t property. The Senator from Missouri [:Mr. COCKRELL] attempted l!Ir. C~IERON, of Wisconsin. I will not say anything more if the othe1· day-perhaps I ought not to say that he attempted; but we can get a vote on the bill now. possibly he might ha-ve atiempted to raise a slight prejudice against l\Ir. COCKRELL. I will detain the Senate for but one word in regard to the enly fact which the Senator-- lli. Day by declarin~ that he was a speculator in confiscated estates. The junior Senator from :\fissouri [Mr. VEST] declares that he was The PRESIDE"NT pro temp01·e. Is it the pleasure of the Senate a. tax-title speculator, or words to that effect. The facts are that that the ca e shall be dispo ed off Then the Senator from Wiscon this property was seized as the property of Judah P. Benjamin: as sin may wish to be heard. abandoned property, by the authority of the United States in lt362; l\Ir. C.AMERO:N, of Wisconsin. I give way. that it wa in pos ession of the United States as abandoned prop Mr. COCKRELL. The only fact that the Senator from ·wisconsin erty, and that it was leased to Mr. Day. It does appear from the controverted in my statement of the facts was the finding of the record that some time in 1864 the property was sold in default of court. :;\Iy goocl friend did not take the time to read that fiudin$ oi the payment of taxes upon it; that it was bought by J. Madison the court, but he rean from the bill of complaint that was filed. Wells, ancl that subsequently, whether before or after this marshal's Now, I will read from the finding of the court, as it is called, and sale I am not now prepared to say, at the tax sale the property was we shall see whether the court finds as a fact that the title of that sold to Wells, and subsequently :Mr. Day purcha ed whatever inter property was in Judah P. Benjamin alone. I say it does not do it:· et Wells had in the land under that tax sale. The delay allowed by law having expired, and no claim or defense having been• filed, on motion of the district attorney it is ordered that all persons interested in. The Senator from New York [Mr. LAPHA.)I] the other day inquired the property seized be pronounced in contumacy and defati1t, and the libel ad whether or not 1\Ir. Day had been in possession of this property for judged and taken pro cO'Iifesso. .And the monition issued in this case having been. any considerable length of time, and inquired what the value of the hererofore returned, the usual proclamation having been made, the default of all persons duly entered, and the law and the evidence considered, it is thereupon, on. rental of the property was. It is true that Mr. Day went into pos motion of the district attorney, ordered, sentenced, and decreed by the court now session of this land; it is also true that he made improvements upon here, and his honor the district judge, by virtue of the power and authority i.n.. it to the amount of four or five thousand dollars. When it was sold him vested, doth hereby order, !lentence, and decree that the two squares of ground upon the Micou mortgage it was purchased by Mr. ELLIS, now a witb all the improvements thereon, the property of J. P. Benjamin, fully described. in the libel of ill formation on file be, and they are hereby, condemned as forfeited, member of the Honse, and it is now owned by him. It was pur to the United States. chased for 10,000 by )Jr. ELLis. I have the RECORD of 1880 before me, in which :Mr. ELLIS made some remarks concerning this claim. There was no iasue as to whether the property belonged to Judah He state that be was familiar with the value of the property at the P. Benjamin or not, and there was no evidence upon it, and they sim time it was purcha ed by Day, and that Day paid its full value at ply put that in the decree as a matter of form. that time. If he had supposed that he was purcha ing a half inter Now, l\lr. Pre ident, 1 say when Don A. Pardee tried it, wheu the est or the life in teTe t of one of the owners, or if he had known that matter was brought up and there was a. conte t over the title, the the order of Judge Durell under which the mortgage was canceled record will be found to show title :in Judah P. Benjamin and Joseph. was void, is it at all probable that he would have purchased and Benjamin, and the Supreme Court says that-- • paid for the property its full value at that time? l\lr. CAMERON, of Wisconsin. I was not disputing th:tt. I sim l\Ir. FARLEY. Did he not merely pay the \alue of the title 4e }1ly said that the recorcl-- got' l\lr. COCKRELL. The record showed that the title was in Judah• }fr. C.AMERO:N, of Wi con in. That is not what "Mr. ELLIS says. P. Benjamin and Jo. eph Benjamin. Mr. ELLIS says that Day paid its full value at that time, not the full l\Ir. C..L.\IERO.N, of Wisconsin. What do you mean by the "rec value of the title which he wa~ getting, becauseitappearsthattitle ord l" was of no value nt all. Perhaps some Senator may entertain a preju Mr. COCKRELL. The county records, where land titles are re- dice against .:Mr. Day for having purchased this land. Herei what corded. .Mr. ELLIS aitl about it in the other House: :ur. C.Al\IERO:N, of Wisconsin. I was not speaking of those, but of the record of the district court. My friend from New York who bas just preceded me [Mr. V .A..~ Voonms) has I pursued th~ line of thought that I had contemplated pursuing, and my labors Mr. COCKRELL. Now, move that this bill be committed to the· . therefore Wlll be very much li~htened, and I shall occupy but littJe of the time of Committee ou the Judiciary, where it properly belongs and where· 1ihe committee. I have heara with some regret that there has been an attempt imilar bills have been se.nt. 1882. CONGRESSIONAL RECORD-SENATE. 3785· Mr. GEORGE. I object to that. Mr. MORGAl'i. The Senator from Missouri perhaps did not ob Mr. SHERMAN. I object to the further consideration of the bill. serve that I gave notice that in the morning hour, after the expira The PRESIDENT pro tempore. The further consideration of the tion of mornmg business proper, and before the application of the bill is objected to. Anthony rule, I should ask the Senate to take up. the Japanese in Mr. SHERMAN. The motion to recommit opens a new question. demnity bill to-morrow. I think this bill has occupied enough of the time and attention of Mr. VEST. I understood that. the Senate in the way of the Calendar. 1\Ir. PLUMB. I should like to make an inquiry as to what has. Mr. CAl\IERON, of \Visconsin. It will be in the way of the Calen become of the unfinished business T dar to-morrow. Can we not di pose of it to-day, so that it shall not The PRESIDlliG OFFICER, (Mr. CA:u:ERox, of Wisconsin, in the block that? chair.) It is pending. l\Ir. SHERl\IAN. The question ofrecommittal naturally gives ri e 1\Ir. PLilliB. I give notice that I shall oppose the taking up or to further debate, and the Senator from Mississippi [Mr. GEORGE] anything which shall displace the unfinished business or in any way rises to addre s the Senate. · prolong 1t, because I have repeatedly given notice that when the· Mr. GEORGE. I do object, most seriously, to having the action unfinished business was disposed of I should ask the Senate to pro of the Committee on Claims reviewed and revised by the Judiciary ceed to the consideration of the 5 per cent. bill; but if we are to have Committee, as if that committee had a supervisory power and juris the Japanese indemnity and the Tehuantepec ship-canal and other· diction over the Committee on Claims. thing , which can just as well wait, pressed forward, of course we· Mr. SHER~IAN. It is a -.ery unusual proceeding. I therefore shall have a general scramble as to what bills shall be postponed. object to the further consideration of the bill to-day. Mr. MORGA..t."\1". Does the Senator from Kansas propose to take up, Mr. GEORGE. I wish to make some remarks on the motion of the 5 per cent. bill in the morning hour to-morrow'/ reference. Mr. PLUMB. No, I do not in the mornin(J' hour. Mr. SHERMA..t.~. If we can have a direct -.ote, I shall not object. Mr. :\!ORGAN. I propose to take up the Japanese indemnity bill Mr. COCKRELL. I am not asking for consideration. I do not in the morning hour. object to its being dispo ed of, and I supposed a vote would be taken Mr. PLU:\IB. \Vhen the morning hour arrives to-morrow it will on the que tion of recommittal on the same arguments which have be time enough to make the motion. been had here. I did not uppose there would be any additional Mr. HARRIS. I beg to say that the next bill but one on the Cal arguments in tho case. endar under the Anthony rule is a bill that I have tried for the last Mr. GEORGE. There are orne additional considerations to be two or three weeks to get the Senate to consider, and I shall cer noticed when it is proposed to recommit the report of the Commit tainly insist upon the regular order, so far as that rule is concerned,. tee on Claims to another committee. until the bill to which I refer has been reached and considered. The PRESIDENT pro tempm·e. The Senator from Ohio bas ob COURT OF APPEALS. jected to the further consideration ofthe bill to-day. :Mr. HOAR. I do not understand that objection is the objection The Senate resumed, as in Committee of t.he Whole, the consider under the Anthony rule. It is only an objection to the further con ation of the bill (S. No. 420) to establish a court of appeals. ideration of the hill after two o'clock. The PRESIDING OFFICER. The question is on the motion ofthe· Senator from Florida [1\Ir. Jo~s] to strike out the second section. The PRESIDENT pro tempore. That is all. The bill goes o-.er. l\Ir. JONES, of Florida. Mr. President, when this matter wa& !llESSAGE FROM THE BOCSE. before the Senate yesterday, I endeavored toobtain from the only rep A me. sage from the House ofRepresentati-.es, by lli. UcPBERsox, re entative of the Judiciary Committee in view at the time, a state- its Clerk, announced that the Honse had passed a bill (H. R. No. ment to what extent the existing jurisdiction of the circuit court of 4429) to enlarge the powers and duties of the Department of Agri the United States went with respect to writs of error from judgments. culture, in which it requested the concurrence of the Senate. of the district court. I have since ascertained that there ha-s been: orne recent legislation on this subject, for in '1 79 Congress passed· BO TO.~ A~""D PORTS:'tlOUTH XAYY-YARDS. an act in the following words : Mr. IJOA.R. I a k consent to ha-.e an order made which will be granted of course, I Slil.ppose. Some two or three weeks ago the Sen er:O~i:~~~~J ~~::~~d1je~:e ~:~ciT!~c~o~~~t~t~~~:n~e~:;i;s~ - ate, on my motion, directed the Secretary of the Navy to send to the prisonment or fine and imprisonment, or where, if a fine onl:y, the fine shall exceed the sum of $300; and in such case a respondent feeling hl.IIU!elf aggrieved by a Senate the history of the Portsmouth and Charlestown navy-yards, decision of a district court, may except to the opinion of the court, and tender biB and that history has been sent. It is not very -.aluminous but it is bill of exceptions, which hall be settled and allowed according to the truth, and in manuscript in a number of volumes. I have examined it, and it signed by the judge, and it shall be a part of the record of the case. doe not seem to me nece sary to have it printed or to retain it further ·sEc. 2. Within one year next after the end of the term at whi&h such sentence shall be pronounced, and not after, the respondent may petition for a writ of error in the possession of the Senate. The extracts from the deeds which from the judgment of the district court in the cases named in the preceding section, show the title of the United States to the navy-yard at Charlestown which petition shall be presented to the circuit judge or circuit justice in term or and extracts from the 1·eport which show its value for defense, are vacation, who, on consideration of the importance and difficulty of the questions very short and can at any time be obtained from the Secretary of presented in the record, may allow such writ of error, and may order that such writ shall operate as a stay of proceedings under the senten~e; but the allowance theNavy and used by any Senator in a speech or otherwise, without of such writ shall not so operate without such order. the nece sity of a printed document. I therefore move that the Sec r.etary of the Senate be directed to return to the Secretary of the This act was approved March 3, 1879, but I suppose that, under the Nary the manuscript histories of the navy-yards at Charlestown and bill reported by the honorable Senator from illinois, an appeal will lie in all criminal cases under this act from any judgment or sentence· Portsmouth. of a district or circuit court of the United States. Am I right in The PRESIDENT pro ten~po~·e. Is there objection to the motion of that'/ the Senator from :Massacbusett ' There being no objection, that l\.h. D.A VIS, of illinois. When the Senator gets through, I can order is made. tell him what this section is. WITHDRAWAL OF PAPERS. Yr. JONES, of Florida. So far as that section goes, it declares as On motion of Mr. SL.ATER, it was I have stated that no appeal or writ of error after the passage of this Ordered, That the papers in the case of William Gallick be withdrawn from the act shall be prosecuted from any district to a circuit court. That is files of the Senate. clear enough. Now, under the existing law, as was stated by the ORDER OF BUSIXES~. Senator from Alabama, there exists an appeal in all admiralty cases The PRESIDE~~ pro tempore. The unfinished busines is the bill where the suit is between private parties, or in suits in equity where (S. No. 420) to e tablish a court of appeals. the Government is a party, where the amount involved exceeds $50, }fr. :MORGAl"\1". I desire to give notice that to-morrow morning, and I stated that that was a meritorious jurisdiction. at the close of the morning business, before the Senate proceeds to The district court also has jurisdiction, I think, under what is the con ideration of ca e under the .Anthony rnle, I shall ask the known as the civil-rights bill. A suit may be brought by a party Senate to take up the Japanese indemnity bill. conceinng himself aggrieved under the civil-rights bill, in the dis 1\Ir. VEST. lli. President, I have no objection to taking up the trict court of the Umted States, and a judgment may be rendered Japanese indemnity bill; but I have given notice day after day that against the defendant in that tribtmal for a sum less than $500 and I would ask the Senate to consider the interoceanic-railway bill. The he has no appeal. I would state to the honorable Senator that as the concession made by the :Mexican Government to Captain Eads ex civil-rights bill now stands a. person can be sued in one of the dis pires in about twelve months. Captain Eads desires to go to Europe. trict courts of the United States for any sum the plaintiff thinks It is dne to him and due to the Government of Mexico that some act proper to claim, and if the judgment is for a sum less than $500, in regard to it should be taken by the United States at the present under this bill the defendant has no appea,l. As the lawnow stands session of Congress. I only ask that the bill be taken up and con he has an appeal, and this section takes away that redress. So that sidered by the Senate, because if not considered now the probabili if anybody imagines that he was deprived of any of those numerous ties are that Captain Eads will have to apply to the Mexican Gov rights mentioned in the ci vii-rights bill, and should bring snit in the ernment for an exten ion of the concession granted by it. Under all district court of the United States to recover damages to the extent the circumstances of the ca e, I think it is only fair and just, as I of $500 in that court, if this section becomes a law, in my opjnion have waited very pat.iently for some months, having presented an the d~fendant has no appeal. If the law remains as it is he can ap- elaborate report in the case, .that the Senate should take up the bill peal from the district court to the circuit court. Of course be can. which bas been repeatedly delayed and give it some consideration. go no further, but that in many cases would be a very considerable I think under the pecuUar circumstance surrounding this bill we relief. ought to consider it. The Senator from Alabama who participated in the debate ycster- .3786 CONGRESSIONAL RECORD- SENATE . MAY 10, day stated the existing jurisdiction of the di trict court, as found docket of that tribunal, and also the neces ity of aclding juclge in in ections 6:31 and 633 of the Revised Statutes: this country to the Federal judiciary. SEc. 631. From all final decrees of a di.strict. court in causes of equity or of ad. The bill embrace an entire scheme. Of cour e every section can miralty and maritime jurisdiction, except :prize causes, where the matter in dis be criticised, but a a whole those who are in favor of it Ahoulcl vote pute exceeds the sum or value of $50, exclus1 ve of costs, an appeal shall 'be allowed for it; those who are opposed to it should vote against it. If gen to the circuit court ne:\.'"t to be held in such district, and such circuit court is required to receive, bear, and determine such appeaL tlemen think that this is not the proper plan of relief, by creating SEc. 633. Final judgments of a district court in civil actions, where the matter these intermediate courts, let them vote against the bill. That con r ·e in dispute exceeds the sum or >alue of $50, exclusive of costs, may be re-examined I think would commend it elf to everybody. At present, not only and rever cd or affirmed in a circuit court, holden in the arne district, upon a writ <>f error. in little matters of $50 and "'100, but in matters involving 100 000, au appeal lies from the district court of the United States to the circui I tried to get that informationfrom therepre entativ oftheJudi court. I myself, itting as a circuit judge, tried an appeal from the ciary Committee ye terday, bnt he wouJd not giva it to me, and I district c9urt ia the State where you, :Mr. President]_ [ fr. C~IE ROX found it out ide of him. The e are in tances in which the ilistrict of Wisconsin, in the chair,] live, embracin(J' severa hundred thou courts of the United States have juri diction and in which appeal sand dollars. I never did try an appeal of i5o or 100. Tho e latter may be prosecuted to the circuit court. are chiefly cases of seamen's wages, and anybody fit to it on the Section 2 of the present bill reads as follows: bench at all is generally competent to decide them. That the several drcuit courts of the United State shall have and exercise no There may be some question of law involved occa ionally which 'uri diction in cases of appeals or writs of error from the district courts allowed, the district judge consults the circuit judge about, so that there i taken, or sued out after the l~' ·cise of judicial power, a duty that they owe to the country, to their petuity of om· form of government. I will venture to say that no proper di charge of this important duty, and to themselves, to give statesman, lawyer, civilian, or commentator of ability has e\er q nes expres-sion to their opinions to the end that they may be considered tioned the fact that this Go\ernment. cannot be perpetuated without and carefully weighed and accepted for such force and effect as they the observance ofthe limitationsofpower upon thejucliciary in the may justly have. Constitution of the United States. This fair, candid, ancl calm mutual statement of thought on any I shall a. snme, therefore,.without further argnmeut on this point, .gi\en subject is the constitutional office of the Senate and the con that if it shall be found that the judicial power of the United States stitutional duty of Senators. I am not therefore permitted by my as now exercised embraces subjects not embraced in the extent of {)Wn en e of duty to the place and the subject to refrain from the its judicial power as prescribed in the organic law, and that the exer ·ex.-pre sion of my thoughts, and I will preface the remarks I shall cise of its judicial power is in a form not provided for in the Consti make by the statement that I am not unwilling to trust the Pre ident tution, but in a prohibited form; that it is original and not appel ·of the Uniteu State with the nomination of a reasonable number of late, and that it has been made original in the inferior courts and judge . appellate in the inferior courts of the United States, over all court I hO})e that the President will be able to rise to the generous ambi not ofthe United States. tion of being the Pre ident of the United States, of all the people We shall be concerned first to inquire how this affects the futm·e of <>f the United States, and not of a part of the United States and or our country and our institutions, and whether there may not be some .a, party among the people, and to leave behind him and to posterity wisdom in our diminishing rather than increasing the frequency and the honorable fame of having administered the functions of his high facility of the exercise of a judicial power prohibited by our or~anic office for the permanentI Y~O:Y and happiness of the country. law and .. foreign to the nature of ourinstitutions. Until some legis For the Senator from · ois who has reported this bill I ha\e the lation has been had to readjust and reconstruct this resistance to the highest respect and the greatest confidence. There is no extent or fundamental law, this war upon the national life and the national constitutional power, either political or judicial, that I would be authority, which, if we shall find it to be true, will be of more po unwilling to intrust to him with entire confidence that it would be tency in the destruction of our National Government and its authority exerci ed with a single purpose to promote the interest and happi than many ru.·med rebellions, because it will have attained that end ne sand prosperity of the country. which open war in vain sought to effect, it will have effectually de I therefore approach the considerationofthis bill with impartiality. stroyed o much of the con titutional and or(l"anic civil polity as pro 'Vhali, then, Mr. President, is the bill and what the object which it vided that there should be local tribunals fur the determination of proposes to attain . It is a bill to eshtblish a court of appeals and local rights and interests, State courts and State Legislatures, chargetl to prescribe the jmisdiction of the court, its modes of proceeding, with the duty of protecting the lives, liberty, and property of the its organization, and to provide for the appointment of eighteen people, and not subject to control except in a few specified cases, ancl new judge . The object which it propo es to accomplish is to speed a to the e by the exerci e of appellate power instead of original the decision of causes in the courts of the United States by diminish jurisdiction, and that by the Supreme and not by the inferior courts inn· the number of cases to be heard before the Supremo Court. of the United States. • The essential features of the bill are : to create an intermediate ap The statesman and the thoughtful student may well consider pellate tribunal; to increase tbe number of judges and courts of the whether the transfer of this new and different extent ofjudicial110Wt>r United States; to establish an appellate or revisory criminal jurisdic to a tribunal holding office for life, and appointed by and amenable tion in the United States courts ; to make the decision of such tribunal to a central authority, will not effectually destroy the National Gov conclnsi \e as to the facts; to increase the value I'equiretl for the vol ernment as it now exists by de tr·o3ing the State go\ernment · and all untary access of the suitor to the Supreme Court. their autonom\. I am content, under the eminent authority of the Senator from Illi I do not hesitate to affirm that in my opinion the Senator from Illi nois, to accept the intermediate exercise of appellate power. I can nois would be among the last men to do anything that would affect also perceive some connection in reason between thelegislati ,-e power the harmony of the several powers of our national Government, nor t o regulato the exercise of appellate power ancl provide for a judicial ha\e I any reason to doubt that the President of the United State!i .a 'C ertainmeut of the facts upon which errors may be taken and the is animatecl by a just pride in the power and dignity of both the proviBion of this bill that the finding of the intermediate court shall National Go\ernment as it is and of the several States with their be conclusive a to the fact , bat I am decidedly of the opinion that separate powers subordinated to the jn t objects and power of the the cnt.ls of a fair anu impartial trial will require the exercise of National Go\ernment. snprellle appellate power both as to the facts and the law. But principles of go\ernment, indeed all moral causes, h a\e their But the e ential feature of this bill is its effect in increasing thtl effects independent of our hopes and de ires, and we must study anu frequency and the facility of the exercise of judicial power by the consider them in the light of their usual and customary effect, and courts of the United State , by the increase of the number of the if, indeed, tbe cause has alr13ady had an effect, if we may study it in judges and courts, and their distriLution throughout the 'C'nited the light of history, of actual experience, it is wise for us to do so. State . In connection with the character and extent-of that judicial 'What then will be the effect upon the future of our National Govern power a now interpreted by the Supreme Court and acquiesced in ment, on the people of the United States, of continuing the extent of by the executive aml legit>lati\e departments of the Government, judicial power of the courts of the 'C'nitetl States, as now interpreted .and the effect upon the general welfare of the people of the United by the Supreme Court, both a to the subject it embraces and the tateR. and the perpetnity of our Government and institutions; the manne-r and form in which it isex:erci eel? HaYewe any light thrown fair and just con ideration of thi subject will require u tori ·e above upon this subject in the history of the only life tribunal known to the rcgiou of party or sections or vain and dogmatic a. sertion into our laws. the atrno phere of pure and dispa sionate reason and calm reflection, In consi1lering this subject I hall do it without imputation or to consider the subject in the light of hi tory, ever remembering reflection on :my of the eminent men either in the past or the pre ent that the in titutiolld of government cannot be either founded or who have belouged to the judicial system of the United States. I preser\ed in the caprices of opinion, but must ha\e their founcla hall freely admit their emine-nt ability, their honesty of purpo e, tion in the permanent causes which under moral law controls and their conscientious con\iction of ri~ht. The path of argument and go\erns human nature-it motives, affections, and thqught. reason is not in the line of personalmYective and denunciation. The Constitution, or fundamental law of our institutions and form The question of the excellence of men takes no part in the que - of go\ernment, in article 3 provide the extent of judicial power : tion of the force and effect of specific moral can es. The fitne s of it " ball extend to all cases in law and equity arising under the principles or the fact of experience. What i the extent of the judi Constitution, the l::tw of the United State , and treaties, to em cial power of the 'Cnited States a now lleclared, and is it exercisetl bas adors, to admiralty and maritime cases, to case where the United as an original or appellate juri diction a concerns all courts which tate is a party, to cases between two States, between citizens of dif are not courts of the United States . ferent States, to claims of lands under grants from different States, Surely this is an important question for the thoughtful statesman ca e. between a State or her citizens and forei,qu states or subjects. in the light not of party animad\ersion or of the hn tings but in The manner in which thi jnilicial power shall be e.x.erei ed is made the light of reason and reflection, as Senators educated to consider an equally essential part of our form of O'Overnment as the extent of moral and political causes and capable of legislating for the interests the power in respect to the subject "-hichit embraces, and is equally of a great people and the perpetuity of a great nation and a great inelurled within the limitation ofthe jndicial power. . Go\ernment. Let u consider this calmlv and ascertain what is the In all cases, except where embas adors, consuls, and a State shall extent aud what the manner of the e.:s.erci e of the judicial power of be a, pru.'ty, tho judicial power shall be appellate, botb as to law and the United States. fact; that i , after orne other tribunal shall h::t\e decided the cause. Opening by chance tho one humlred and third \Oltune of the re It has neve1 been doubted, and it cannot reasonauly be denied, that ports of the Supreme Court of the United States, under the heacl of thi · limitation of the supreme judicial }lOWer to its appellate exer cau es of removal, I find the following: d e and its imrlied prohibition of any rnisory power O\er State A life-in urauce company of l\Iissouri remo\es from a State court courts, in tho inferior tribunals e tablished by Congres , is ab olutely in Loni iana. to the United States court a suit by a citizen of Louisi e ·sential to the existence of our pre ·ent form of go\ernment. ana again t the corporation .. So f~tr a" I am a<.hised neither law\·er nor ~:>tatesm:mnor tudent A writ of execution from a State court of Louisiana about to be of repntation for learning or ability has ever que tionecl that this enforcell is remond into the United States circuit court, a.nd all limitation of the jm1icial powt>r of the courts of the 'Lnitecl Sta.tes, proceedings for its enforcement become void and of no effect on the uotb as to it, e:xteut in the subjects whlch it emln·aces m•d its extent tiling of a petition by a citizen of another State. ~u reference to the manner of it:s e:s.erci ·£' vitally concerns the per- A writ of reph~' 'in from a State court again t a sheriff in po ·es.siou 3788 CONGRE SIONA1 RECORD-SENATE. l\IAY 10, of property under execution from a State court is tran ferred, on of the United State a criminal juri diction, with a power of punish petition of a non-resident, to the circuit court of the United States, ment over all State judge , beriffs, governors, and legi lators. and thereafter and thereby the State court has no power. :llr. President, that propo it ion may perhaps be denied. but let the The judgment of a State court is set a ide as to the construction of language of the court answer for it elf. Let the fact answer that a a Sta,te law prescribing qualifications for juror , is revi ed and set State ju I have none. There are two things that result from facts: they of the country in their hands, those great corporations who hold the carry with them certain conclusions of their ovm.; they demand cer power of taxation over transportation and production which have tain consequences, and it is not to be said that we ru:e assailing men. been committed to them by State authority, those who have amassed I do not know these men; I have no acquaintance with them; I vast interests and properties, and who are privileged classes by con bave no personal feeling in the matter, ancl when I mention these trast with the great body of the people, protected it may be from facts I aythey are matters which demand the consideration of Sen legislative power, either national or State, under the judicial inter ators, of men who profess to deal in reason, in learning, in the his pretation of vested rights. tory of nations, and a h'""Ilowledge of the causes that are to perpetu May we not well pause and inquire whether it may not be neces ate the existence of power and its exercise for the general welfare sat·y to make some change in the extent of the power exercised by a.nd the maintenance of all the ends of a high civilization. this tribunal, a tribunal charged with the adjudication of these vast I have no hesitation in affirming that let personal feeling or po moneyed interests and exercising what is more important, crimmal litical fe elin~ be what it may, it cannot control the great moralfact jurisdiction and a power to punish thl'Ough their subordinate tribu that there sllould be le~islation to prevent and promptly remedy nals all State judges, governors, legislators, and the judicial depart the act of a judge who, m open court, in a case of life and liberty of ·ments of the States for differences of opinion in the construction of the citizen, overrules the protestation of the jury who are author the laws and for their official action f May we not wisely pause to ized to say whether or not they had rendered a verdict. I venture consi:derthese fact , ifthey are facts, and the consequences which will to say the history of the tribunals of the civilized world, outside of result from them'? Is the statement true f Let the court again the celebrated Jeffreys, presents no parallel instance to this. answer for it elf in its own words. In the case of Neal 1:s. Delaware, The abstract proposition which presents itself to the eye of reason reiterated with approval and reaffirmed as the law in the case of Vir for calm and temperate thought in the consideration of a bill that is ginia t·s. Rives, the court say: to increase the facility and the fi:equency of the exercise of judicial We do not perceive how holding an office under a Stat~ and claiming to act for power is to consider how these tribunals have ac~ed, bow in respect the State can relieve the holder from obligation to obey the Constitution of the to the protection of the lives, liuerties, and property of the people, United Stab~s or take away the power of Congress to punish his disobedience. its present interpretation of powers may be controlled and limited This affirms the criminality of every officer of a State who in their and reduced, to the end that its conscientious convictions, its learn interpretation of what are equal rights differ in opinion from their · ing may promote the public interest and the general welfare. judicial authority. I concur in the opinion of the court, much as I I am not unwilling to concede that within the just limitations of criticise this declaration, that whoever willfully violates the Consti the Constitution their high judicial functions may be exercised in tution, whether State officer or othe:;wise, is subject to its authority consistency with the preservation of the Government under which and its penal provisions; but there can be no violation of the Con they bold their authority; but I affirm, and I believe there can be no stitution of the United States by the opinion of a judge judicially meeting or questioning oftbe proposition, (I state it for purposes of rendered upon a case made by parties before him, be it right or wrong. examination,) that if there exists a power of removal in all cases Never before in the history of mankind, that I am aware of, bas it in which in the discretion of the judge ofthe inferior courts of the been affumed that a jud~e, acting under the authority of a State in United States there may be a denial of equal privileges and equal the exercise of a judicial power, was subject to punishment for the rights under the Constitution and laws of the United States, if an opinion he might declare and the decisions he has honestly made in absolute power of suspending the action of every State judge and cases submitted to him for judgment. . every State court exists in every judge of the United States who may I am aware that the court in that case deny that the officer in the see fit to say, "I decide," there is a denial or a threatened denial of State of Virginia who made the selection of jurors was in perform some equal right, immunity, or privilege secured under the Constitu ing that duty a judge, but the court in its opinion, denying not that tion and laws of the United States, and if, when that case is removed he was a judge but that he was performing a judicial duty, under the judge may say to the jury protesting -rhat two or three or four takes to say that if in their judgment the judge of a State court or five or a majorityofushave been coerced and intimidated in ~iving shall perform that duty which they shall decide to be judicial, they the verdict, this is your verdict notwithstanding your denial; ifthat will revise that decision and say that it was an erroneous one, and be the law there is no longer any limit to the extent of the judicial that in the act he performed he )VaS not performing a judicial duty, power of the courts of the United States, either as to the subjects but one for which he was criminally responsible. which are embraced in their jurisdiction or aatothemannerin which But what are equal rights f \Vho cau tell f In all the history of that jurisdiction may be exercised; there is no longer any law to the country and it.s laws it was never heard before that among the govern them; they are subject alone to the caprices of their own civil rights was that of being a juror or a judge. I venture with arbitrary and despotic will. great positiveness the opinion that never before in any case, in any I ask, then1 shall a life tribunal of nine or twelve or twenty-four <:JOmmentary, by any just rule of reasoning, can it be affirmed, or or thirty-sixJudges, divided either into one Supreme Court or into an has it ever been affirmed, that any man had a right per se, that it intermediate appellate court, be created Y As I have said before, I was among his civil rights, to be a juror or a judge in a given case. would be willing to accept the idea of the Senator from Illinois and Shall a person accused of crime be held to have among his equal his eminent authority for the advantages of an intermediate appel rights that of having jurors of a particular race and color not ex late trilmnal. I would not be unwilling to vote the President of the cluded from the list of possible selection for jurors, and is the jndge United States the power to nominate a reasonable number of judges. of a State court to be held subject to indictment and guilty of the I do not desire to see eighteen new judges appointecl for political pur offense because he excluded and failed to select-for that is the lan poses to remove causes into the United States courts by petition, guage of the indictment-as grand and petit jurors certain citizens mandanms, and habeas co1pus, because there may have been jurors of of African race and color, such citizens possessing all other qualifica another race and color who may ba ve been qualified to sit in a given tions prescribed by law and being by him excluded from such jury case and they were not selected. I think it would be asking too much list made out by him as such judge (this is the indictment which has of us to ask that, but I hope the President is capable of the honorable been sustained by the supreme judicial authority of the country) on .ambition of being the President of the United States, of doing right, account of their race, color, and previous condition of servitude, and -of putting himself in accord with the great principles of civil liberty for no other reason f The offense is the exclusion because of race, and oflawthat have existed from the first dawnings ofjurisprudence, color, and prejudice f . This was an offense of intention or motive. and that be would be willing to give assurance to the country of his The ·special act on which it arose and by which it is proved as stated willingness to limit and restrain the extent of judicia.! power, and his in the indictment was that he did then and there exclude and fail purpose that the judicial department shall be consecrated to the great to select as grand and petit jurors. The failure to select is at once ends ofjnstice and civil liberty, and eliminat~d from the machinery the criminal act and proof of the criminal intent. Yet how many .of party success, and that his appointments would be made equally other citizens of the white race, possessing all the qualifications re from the great political parties. quired by law, were necessarily excluded from the jury list by the With such assurance I do not doubt that under the leadership of decisions of the judges under the laws of Virginia and Delaware! the Senator from Illinois, in whom the country has confidenca, a Here is the exercise of judicial power by a judge in the construc .bill might be matured that would satisfy all opinions. I clo not tion of a statute Jaw, and, if you pleast>, of the Constitution of the speak, as I said, against the specialfeaturesofthisbill, ''hichmight United States, whi. ch uy his oath of office he is required to do, for easily be run ended before its passage so as to meet aU objections, but both are the subjects of his judicial co~nizance, not revised by the I think we bad better pause and look into the subject of finding some appellate jurisdiction of the Supreme t;ourt, but by the novel and means of limiting the extent of the judicial power of the comts of the extraordinary method for which this bill make no provision, of United States and the manner in which it is exercised. We had bet directing the judge to be convicted and sentenced under an indict terinquit·e whether there is anyve tige left of authority in the State ment. There was an exercise of judicial power that no lawyer, no court . "\Ve bad bettor ask whether the judge, with a halter around reasoning man, can find any ground whatever for justifying; a power his neck or the penitentiary door held open before him because be by which the court undertook to reviAe and correct the action of a may give somoopinion which maybe afterward decided to be a vio State court by declaring that the judge should be held subject to lation of the equal rights of some other man, is capable of perform indictment and imprisonment and conyiction of a c:riminal o:fi'ense ing judicial functions. We had better inquire whether there can be arising in and by the judicial act . .any fair and just administration of justice or law under a judicial Mr. President, I state only the truth without the least exaggera power of th.is extent and thus construed. tion. I do not do it for any party or political purpose. I shonl<1 not A life tribunal, either at the seat of government o.r scattered be aTerse to the featuresofthis bill which the Senator from illinois through the country, confined to an association at the seat of govern has reported. I should be willing to accept upon hie eminent au .mcnt with the great corporations who hold the industrial intere ts thority the intermediate;:tppellatejurisdiction of the court. I should 3790 CONGRESSIONAL RECORD-SENATE. MAY 10~ be willing to Yote to the.President of the United States the nomina e tabli bed in Virginia -r:s. Hives be true the Federal courts from the tion of a- reasonable number of judges, but I wish for myself to point highest to the lowest may decide that a State judo-e is not perform ont objections urged by reason and by argument, and if these propo ing a ,judicial duty in the exercise of any fnuctions and hold him re- sitions are not true I desire them to be corrected, for I recognize ponsible criminally for his opinion Y If that be ti·ne, then I say the that it is the office of the Senate and the duty of Senators to make power which can so decide is the supreme power :md not one of the calm, dispassionate, and mutual statements of opinion and thought co-ordinate powers of thi Government, and that if it is a life tribu upon legislatiYe subjects, to the end that each may have its proper nal every certainty in the futme is that with the vast increasing weight, force, and effect. accumulation of wealth and fortune, with the vast power of the I do not think this exercise of judicial power as declarecl by the privileged classes, a life tribunal dominating with absolute and su Supreme Court in the case of The State of Virginia vs. Rives and preme power upon all questions of con ·titntional interpretation, it Neal t·s. Delaware is consistent with the preservation of the liberties does not need the eye of a very profound student of human affah·s to of the people and the rights of the States, the perpetuity of the Union see that the political forces which were so wisely conceived, so wisely or the reputation of the judiciary. Here was a case which presented adjusted, have lost their balance and that the country wH.l go for two questions, one a judicial one, the other a legislative subject; ward, notwitb tan -controvert. In fixing up a system for the Federal court business, in I said before, was a ~e.neral of honorable fame in the war and then ,arranging for the disposition of the enormous business which has holding, I believe, a niO'h Federal office. The plaintiffs were Missi - .accumulated in them, would it not be the first and the highest duty sippians and were rebels. The jury weighed the testimony, and the cQf the Congress to inquire whether or not the business in those COUTts verdict was not in accordance with the pas ion· and prejudices of the is leO"itimately there t Are we called upon by our oaths to support people of Massachusetts, but was in favor of the plaintiffs. Jud~ the Constitution, to furnish new courts, new judges, new marshals, ment was rendered against the defendants for the full amount, and It ·new clerks, new facilities, for the purpose of enabling the courts to operated to their destruction financially, a I understood, aud the perform and discharge a jurisdiction admitted to be outside of and court on a motion for a new trial approved the verdict. Is that an ·contrary to the Constitution'? I think not, sir. evidence that the State courts cannot administer justice between its Again, Mr. President, there is another jUTisdiction of the Unitecl own citizens and citizens of another State .States courts which, though constitutional, which, though entirely But, sir, there is a subsequent history to that case which I will also in accordance with the laws and the Constitution of the land, is yet relate. A question arose as to whether the judgment in that case had --of tha.t character that it might be better performed and discharged been paid or whether it had been fraudulently assigned to another by the State coUTts. I should like tQ know if there is any reason for party. The l\fis issippian had another claim against Massachusett the trial of suits between citizens of different States and depending citizens. Ifthejudgment was paid then they had that property ther111 \Upon the State law alone for their determination in the Federal courts out of which they could make their Mississippi debt. If it was only rather than in the State courts. Let me illustrate. A contract is assigned then the property there was liable first to this assigned made in the State of Massachusetts, between citizens of Massaclm judgment. I was counsel in that case. I brought the suit. I cor :setts to be -performed in Massachusetts. The validity, the nature, responded with Mr. R.u..~"'EY. He believed that the judgment had and the obligation of that contract, all are to be judged by the laws been paid, and that the assignment was fraudulent, and on his belief of Massachusetts; and yet, sir, if one of those parties removes out and the circumstantial evidence which he gave me I brought the .of the State, or if he a signs that contract, it being a promis ory suit. I took his testimony; I took other testimony, and I thought I note, to another party outsid.e of the State, the jurisdiction of the had a strong case of circumstantial evidence to sh6W that the judg courts of Massachusetts is ousted or may be ousted at the option of ment had been satisfied and that the assignment was fraudulent. I the holder of the paper, and all these questions are then to be liti succeeded in convincing the chancery court of Mississippi that such .gated in the Federal courts. was the fact. 'fhe parties took it to the supreme court of the State, Is there any good rea on for that. Are the courts of l'llassachu composed of men two of whom succeeded to that bench after what .setts incompetent to decide upon their own laws Are they too cor was called the revolution of 1875, and they unanimously decided that rupt to administer justice to non-residents against one of their own however suspicious the case might be, the fraud was not made out, citizens Y You must answer one of these questions in the affirmati>e, an1l they decided in favor of the Massachusetts parties. -or else there is no goodreason for depriving the courts ofMassachu So here are two ca es, one in Massachusetts, where the question was . etts of the jurisdiction of deciding on the validity of a contract which one of fraud and there was contradictory evidence, and that wa was made within her borders, and which is admittedly to be deter decided in favor of the Mississippian, and one in Mississippi of the mined by her laws. same character, and that was decided in favor of the Massachnsett And ri J 3794 CONGRESSIONAL RECORD-SENATE. MAY 10,. Mr. ALLISON. Why not take a vote on the bill to-morrow 7 Mr. GEORGE. I propose an amendment to be printed. Mr. HOAR. Why not to-night! The PRESIDING OFFICER. It will be received and printed. Mr. DAVIS, of illinois. If the Senate is willing to vote to-night, Mr. DAVIS, of illinois. Do I understand the Senator from Ohio I am ready to a~ee to it. The Senator from Alabama, the Senator to object to any understa,nding that the amendments be debated for from Mississippi, the two Senators from Florida, and the Senator ten minutes by each Senator after general debate on the bill closes y· from South Carolina have manifested more interest in opposition Mr. PENDLETON. Yes, sir; I object to that. than others, and if they will agree I am pretty certain the rest of Mr. ALLISON. Then I ask unanimous consent that this bill may the Senate will consent to name some time for taking the vote. I be completed at to-morrow's sitting, without any reference to a lim should be glad to have it now, but still I am willing to wait until itation of debate. to-morrow if my friends will agree to that. Mr. DAVIS, of illinois. Can there be any objection to that f Mr. BUTLER. So far as I am concerned, I am sure I have taken Mr. ALLISON. My proposition is that the sitting to-monow, be up very little time of the Senate in discussing this bill. I am op fore adjournment to-morrow, we shall finish this bill. posed to it and expect to vote against it; but I have not made any 1\lr. INGALLS. A unanimous understanding is not nece saxy for opposition simply for the sake of consuming time. It seems to me that. A majority can control it. that all the discussion that has taken place upon it has been very Mr. DAVIS, of Illinois. But we do not want to resort to the power desirable. of a majority. I want the Senate to agree to it. Mr. DAVIS, of illinois. I do not want to enter into that matter. Mr. ALLISON. Unanimous consent is better for such a purpose Mr. BUTLER. As far as I am concerned, I have no disposition to than a majority order. postpone a vote u~on it_o!le moii?-ent ~eyond what I ~ouc~ive to be Mr. BECK. I remarked in not a very loud tone, I thought, that required for the farr, leg1t1mate discussiOn of the questions mvolved. there was no use in punishing ourselves, and the Senator from Arkan I only speak for myself. sas rather objected to that remark. I think we can get throu~h wit.h Mr. DAVIS, of illinois. I appeal to the Senators from Alabama this bill to-morrow · I am ready to vote now ; and I believe tne Sen and Mississippi. ate will really ~et t:h;ough sooner, for there is a general feeling that Mr. BUTLER. The Senator from Mississippi has just announced, it ought to be <.tisposed of promptly, without forcing us to make any at the request of the Senator from Iowa, that he was willing to sus agreement. That is my opinion. ~ pend his remarks in order that the Senator from Iowa might make Mr. DAVIS, of Illinois. The understanding proposed now is tha.t a motion. it is to be got rid of at to-morrow's sitting. There ought to be no. Mr. DAVIS, of Illinois. I do not ask to have a vote to-night. objection to that. Is there objection to that f Mr. BUTLER. I understoodthe Senator to ask for a vote to-night. Mr. BECK. I have none. Mr. DAVIS, of Illinois. Oh, no; I was asking that we might agree Mr. PENDLETON. If there were a unanimous agreement this. upon taking the vote some time to-morrow. I said I was willing for evening that we should come to a vote before the adjournment to a vote to-night so far as I am personally concerned. morrow, it would be perfectly in order to adjourn to-monow never Mr. MORGAN. Does the Senator from illinois mean a vote on the theless. bill, or on the amendments f Mr. DAVIS, of illinois. I willsaythis totheSenat.orfromOhlo, that Mr. DAVIS, of illinois. A vote on the bill and amendments at some if a gentleman sits here and makes such an agreement I have never time to-morrow, so that we may get rid of the whole subject. Can known that he would get up and move an adjournment in violation not a time be set for doing that, an hour when the debate on the bill of it. The Senator from Ohio would seem to indicate that ifan agree shall cease 'f I should be glad if it could be arranged to cease at four ment were made a majority could set it aside. Of course they could ; o'clock to-morrow, and then let us proceed to vo~ on the amend but has that ever been done in the Senate f I have never known it. ment-s. Then if the amendments are to be debated, let the debate Mr. SAULSBURY. I am, like the Senator from Kentucky, ready be limited under the restrictions of the Anthony rule. to vote now; but suppose we come here to-morrow under an agree Mr. MORGAN. I have no objection as far as I am personally con ment that we will dispose of this question, and the debate lasts to cerned that we shall commence voting, and debate on the bill cease six or seven o'clock, gentlemen not having had their dinners will at four o'clock to-morrow, and that after that each Senator shall be naturally want to go home, and _au agreement now would imply an allowed ten minutes to speak on amendments. obligation upon everybody to remain here in order that a quorum Mr. DAVIS, of Illinois. I am satisfied with that. might be maintained. Mr. GARLAND. I think that is a fair proposition. The Senator Mr. D.A VIS, of illinois. I do not want to give notice that I shall from Alabama has made a motion to recommit the bill with several ask the friends of the bill to sit it out; but unless there is some important instructions. Let them come up to-morrow. I think the agreement made that will have to be done. proposition that we stop general debate at four o'clock to-morrow Mr. COCKRELL. Let the Senator give notice that he will try to and have a limited debate often minutes on each amendment after get a vote to-morrow. that will be right and fair. Mr. DAVIS, of Illinois. Very well; I do give that notice. Mr. PENDLETON. I think this matter is one of too much im Mr. ALLISON. One word. Unless wefini h this bill to-morrow portance to undertake to limit the debate on all amendments to five it is perfectly evident that we shall not finish it this week. We have minutes. been in the habit of adjourning over from Friday to Monday, and we Several SENATORS. Ten minutes. shall undoubtedly take occasion to do so next Friday. If we do, it Mr. PENDLETON. Or ten minutes. I think the Senate has suf is manifest that we shall not secure a vote on as important a bill as ficient control of itself and its members to do what is right in that this on Friday. So it is a question as to whether this bill shall be .fin matter without entering into an agreement which seems to me ished to-morrow or whether it shall take up another week. entirely inconsistent with the dignity of the body. l\1r. D.A VIS, of Illinois. I give notice that I shall endeavor to get Mr. GARLAND. As far as dignity is concerned, I want to say this: a vote upon this bill to-morrow. this bill has been very fullv debated, and we have frequently en The PRESIDING OFFICER. The Senator from illinois gives no tered into arrangements of this character in order to facilitate busi tice that he will endeavor to get a vote on this bill to-morrow. ness after a measure has been considered for some time. To modify the proposition supp_os~ we have it understood.th_at we ge~ rid of the DEFICIEXCY FOR FUEL, LIGHTS, ETC. bill at to-morrow's s1ttrng and do not fix any limit as to time. Mr. ALLISON. Now I ask unanimous consent to lay the bill a ide Mr. BECK. Why punish ourselves in that way Y informally that I may make a report from the Committee on Appro Mr. DAVIS, of illinois. Let it be understood that general debate priations. on the bill shall cease at four o'clock to-morrow. I am instructed by the Committee on Appropriations, tow hom was :Mr. GARLAND. This is a very important matter, and by to-mor referred the joint resolution (H. R. No. 204) making an appropria row there will have been ten days' debate on this bill. I think we tion for fuel, lights, water, &c., for the fiscal year 1 S.J, and for othel" can certainly dispose of the bill to-morrow. I do not desire to hasten purposes, to report it without amendment, and ask for its present any person, but I think we can certainly get rid of it to-morrow, consideration, as it will take bnt a moment. and there are other important propositions behind which demand The PRESIDING OFFICER. The Senator from Iowa reports a attention, as the bankrupt bill, the 5 per cent. fund bill, the Japa joint resolutlou and asks for its present consideration. nese fund bill, and all these measures ought to come up in their By unanimous consent, the Senate, as in Committee of the Whole, time. proceeded to consider the joint resolution. Mr. ALLISON. Early next week we hope to have the Army appro The joint resolution was reported to the Senate without amend . priation bill before the Senate"' ment, ordered to a third reading, read the third time, and passed. 1\Ir. BUTLER. I have seen no factious opposition to this bill. It seems to me the discussion has been entirely legitimate and proper; HOUSE BILL REFERRED. it is a very important bill; and yet the intimation is that we have The bill (H. R. No. 4429) to enlaxge the powers and duties of the been throwing obstructions in the way. Department of Agriculture was read twice by its title, and referred Mr. DAVIS of Illinois. I did not say so. to the Committee on Agriculture. Mr. BUTLER. The Senator did not say so, but it might very nat urally be inferred from the remarks made by Senators. Months WILLIAM J. LEE. have been devoted to the discussion of the tariff-commission bill, of Mr. PLATT. An adverse report was made yesterday by the Sen not half the consequence of this, and yet because what we conceive ator from Oregon [Mr. SLATER] on the bill (H. R. No. 2089) grant to be a proper discussion has been gone into these intimations are ing a pension to William J. Lee. At the request of a Senator, who made. desjres to have further evidence submitted, I ask that the vete be I • 1882 . CONGRESSIONAL RECORD-HOUSE. 3795 reconsidered, a.nu that the bill be recommitted to the Conunittee on lution, in which the concurrence of the House wa.s requested, direct Pensionii. ing that the copies of the Atlas of Colorado heretofore orderecl for The PRESIDING OFFICER. The Senator from Connecticut asks the use of the two Houses of Conaress and the Department of tho that the vote by which the bill was postponed indefinitely be recon Interior be suitably bound by the Public Printer for distribution, in sidered, and that the bill be recommitted to the Committee on Pen accord:mce with the resolution ordering the same. sions. The Chair hears no objection, and that order will be made. The message further announced that the Senate .~~reed to the amendment of the House of Representatives to the bill (S. No. 108) WILLIAM LOCKHART. granting an increase of pension to Abagail S. Tilton. Mr. COCKRELL. On the 4th of April the bill (S. No. 886) grant The message further announced that the Senate had passed bills ing a pension to William Lockhart was reported adversely from the of the following titles; in which the concurrence of the House was Committee on Pensions by the Senator from Oregon [Mr. SLATER] requested: and indefinitely postponed. It escaped my observation at the time A bill (S. No. 98) to submit to the Court of Claims the petition of it was reported. I have had noopportunityofexaminingthereport, J. l\1. Wilbur for compensation for extra work done on 1he United and I a-sk that that action bereconsidered and the bill placed on the States Post-Office building in New York; and Calendar. A bill (S. No. 1646) to amend section 5388 of the Revised Statutes The PRESIDING OFFICER. Is there objection Y The Chair hears of the United States in relation to timber depredations. none, and that order will be made. The message further announced that the Senate had passed with :Mr. BUTLER. I move that the Senate adjourn. out amendment the bill (H. R. No. 2315) to provide for the appoint The motion was agreed to; and (at five o'clock and nine minutes ment of a commission to investigate the question of the tariff. p. m.) the S·enate adjourned. The message further a-nnounced that the Senate had passed a joint resolution and bills of the House of the following titles, with amend ments in which the concurrence of the House was req nested : A bill (H. R. No. 459) donating condemned cannon and cannon balls to the city of Topeka, Kansas, for monumental purposes ; HOUSE OF REPRESENTATIVES. A bill (H. R. No. 605) donating cannon and cannon-balls for use and ornament about a suitable soldiers' monument at Portland,:Maine; WEDNESDAY, May 10,1882. A bill (H. R. No. 679) donating condemned cannon and cannon-balls The House met at eleven o'clock a. m. Prayer by the Chaplain, for monumental and other purposes; Rev. F. D. POWER. A bill (H. R. No. 1287) authorizing the Secretary of ·war to fur The Journal of yesterday was read and. approved. nish condemned cannon for the soldiers' cemetery at Gallipolis, Ohio; A bill (H. R. No. 2195) donating condemned ca-st-iron cannon to the. EXPENSES OF CENSUS OFFICE. Soldiers' Monument Association of Birmingham, Connecticut; The SPEAKER p1·o tempore, by unanimous consent, laid before the A bill (H. R. No. 2552) to donate condemned cannon to the Sol House the following message from the President of the United States; diers' and Sailors' Association at Bellaire. Ohio; which was read, and, with theaccompanyingpapers, referred tothe A bill (H. R. No. 3001) to authorize the Secretary of War to turn Committee on Appropriations, and ordered to be printed: over to Sampson Post No. 2"2 of the Grand Army of the Republic, of Rochester, New Hampshire, four condemned cannon; To the Sena~ and House of Repruentati:ou: A bill (H. R. No. 3333) to donate one condemned cast-iron cannon to I transmit herewith for the consideration of Congress a. communication from the Secretary of the Interior. inclosing a. letter from the Superintendent of Census, the citizens of Otsego, Michigan; submitting an estimate for an appr~nation of $80,000 to defray the expenses of A bill (H. R. No. 3738) to donate iron cannon to the township of the Census Office during the remain er of the presen ~~~l~~· A. ARTHUR. Milan, Ohio ; A bill (H. R. No. 3877) donating condemned cannon to the Soldiers'" EXECUTIVE lf.A.NSION, May 9, 1882. and. Sailors' Monumental Association of Lycoming County, Pennsyl PRIVATE LA..."'ID CLADIS rn LOUISIA..."'\TA. varua; The SPEAKER p1'0 tempm·e also, by unanimous consent, laid before A bill (H. R. No. 4545) to authorize the Secretary of War to turn the House the following message from the President of the United over to E. E. Sturtevant Post No. 2 of the Grand Army of the Repub States; which was read, and, wi\h the accompanying papers, referred lic, of Concord, New Hampshire, six condemned cannon; to the Committee on Appropriations, and ordered to !Je printed: A bill (H. R. No. 4585) to donate four condemned iron cannon to the city of Mansfield, Ohio, to be placed on the public square near To the Sena~ and House of Representatives: the soldiers' bronze monument; I transmit herewith for the consideration of Con~ess a communication from the A bill (H. R. No. 4745) to authorize the Secretary of War to fur Secretary of the Interior, inclosing a. letter from tne Commissioner of the General Land Ofiice, snbmittintf an estimate for a special appropriation of $3,200 for com nish condemned cannon for the soldiers' cemetery at Hamilton,. pleting an exhibit of a the private land claims in th ~~eT]f~_t.si_ARTHUR. ~fu; . 0 A bill (H. R. No. 5211) granting four condemned cannon to the EXECUTIVE ll.L" Mr. McLANE, by unanimous consent, from the Committee on Com OCCUPYD;'G CLAIMA..~TS ~ DISTRICT OF COLUMBIA. merce, reported bztek with a favorable recommendation the bill (H. R. No. 5875) authorizing the purchase of a marine hospital at Port Mr. NEAL, by unanimous consent, introduced a bill (H. R. No. Townsend, Washington Territory; which was refened to the Com 6156) for the relief of occupying claimants in the District of Colum mittee on Appropriations. bia; which was read a first and second time, referred to the Com mittee on the District of Columbia, and ordered to be printed. LIGHTS ON PATUXEYr RIVER. C~IP DOUGLAS MILITARY RESE:RV .ATIO~, UTAH. Mr. McLANE also, by unanimous consent, from the same com mittee, reporteu a bill (H. R. No. 6154) for the establishment of l\I.r. BLAND (by request) introduced a bill (H. R. No. 6157) to lights at the mouth of the Patuxent River, Maryland; which was authorize the Secretary of War to relinquish and turn over to the read a first and second time, referred to the Committee on Appropri Interior Department certain parts of the Camp Douglas military ations, and ordered to be printed. reservation, in the Territory of Utah; which was read a first and second time, referred to the Committee on Military Affairs, and LIGHT-HOUSE 0~ GREAT SHOALS, MARYLA.J.~. ordered to be printed. Mr. McLANE also, by unanimous consent, from the same commit ORDER OF :SUSL."'\TESS. tee, reported a bill (H. R. No. 6155) for the establishment of a light :Mr. BRIGGS. I call for the regular order. house on the Great Shoals, in Dorchester County, Maryland; which Mr. EVINS. I a-sk the gentleman to withdraw the call for a was read a first and second time, referred to the Committee on Appro moment, that I may ask to have a bill on the Speakers table referred priations, and ordered to be printed. to a committee. MESSAGE FROM THE SENATE. :Mr. BRIGGS. I must object to that. A message from the Senate, by Mr. SntPSO~, one of its clerks, in DEPARTME~T OF AGRICULTURE. formed the House that the Senate had adopted a resolution, in which The SPEAKER pro tempore. The regular order is called for, which the concunence of the House was requested, directing the Public is the consideration of the bill (H. R. No. 4429) to enlarge the powers Printer to furnish, commencing with the first session of the Forty and duties of the Department of Agriculture. The previous ques fourth Congress, 3,425 copies of the CONGRESSIONAL RECORD for the tion has been ordered upon the bill and the substitute of the gentle use of the ~enate, instead of 3,100 copies as ordered by concurrent man from MichiO"an, [Mr. HUBBELL.] resolution of June 4, 1874. Mr. HUBBELL. I rise to a parliamentary inquiry. The message fm--ther announced that the Senate ha Mr. HUBBELL. Under the previous question, may I be allowed Hewitt, G. W. Mat<~on , Ray, TholllllR, time to debate the substitute Hill McClure, Reagan, Thompson, P. n. Hiseock, McCoid, Reed, Thompson, Wm. G. The SPEAKER pro tempore. The Chair thlnks the gentleman from Hoge, McKenzie, Rice, Theron :u. TiTimn.n, Michigan would not ue entitled to debate the substitute under the Holman, McLane, Rice, William "\V. TownHend, Amos previous •question. · Hooker, McMillin Rich, To\vnshenu, R. W. Mr. Horr, Mills, ' Richardson, D.P. Updegra.rt', .J. T. HUBBELL. Then I ask unanimous consent that the gentle Honk Money, Richardson, Jno. S. Updegraff, Thomas man from Pennsylvania [:Mr. CURTL.~] be allowed five minutes. He Hous~, Moore, Ritchie, Upson, was a member of the sub-committee. Hubbell, Mossrove, Robe on, Urner, Mr. ANDERSON. This whole subject was debated-- Humphrey, Moruton, Robinson, Geo. D. Valentine, .Jacobs, Muldrow, Robinson, .Jas. S. Van Aernam, The SPEAKER pro tempore. Is there objection to the request T .Jadwin, Murch, Ryan, Wadsworth, 1\fr. ANDERSON. There is; if it is open to debate on one side it .Jones, George W. Mutchler, Scranton, Wait, must be open to debate on the other side. .Jones, .James K. Neal, Sherwin, Walker, The SPEAKER pro tempore. The question is upon the substitute Kelley, Norcross, Shultz "\Van1er, Kenna., Oates, Singleton, .Jas. W. Watson, Before the readincr of the report was concluded, fot?o~~endment numbered 44: With reference to the Pottawatomies provides a.a Mr. HOLMAN said: The reading of this report conveys no informa "And the Secretary of the Interior is authorized and directed to pay to or ex tion ; and I suggest that the amendments be read in connection pend for the support, civilization, and instruction of the Prairie band of Potta with the sections of the bill to which they relate, and that by unani watomie Indians the amount of interest that bas accrued, or may hereafter accrue, mous consent the reading of the report be dispensed with. on the fund in the Treasury of the United States to the credit of said band set apart for their benefit under authority of an act of Congress approved March 3, The SPEAKER pm te1npore. The gentleman from Indiana asks 1875: Provided. That not more than $8,000 shall be expended under this provisio• unanimous consent that the reading of the report be dispensed in any one year. 11 with-- 0~ amendmen~s numbered 45 and 46: Changes the phraseology of the clause for 1\Ir. HOLMAN. And that the amendments be reported as incor subs1st~nce of S1oux and reduces the amount from $1,100,000 to $1,075,000. On amendments numbered 47 and 48: Reduces amount for civilization and in porated in the bill. struction of Sioux and annuity goods $50,000 and excludes "pay of employes," the The SPEAKER pm tempore. That is unusual, the Chair thinks. ~~~~~~b~:d~~ being taken from the item for" annuity goods," being amend- Mr. HOLMAN. The reading of the report conveys no information whatever to the House. On amendment numbered 49: Corrects the total amount for Sioux. On amendments numbered 51 and 52: Reduces the amount for Apaches and The SPEAKER p1·o temp01·e. The Chair suggests to the gentleman other Indians in New Mexico from amount in original bill, $310,000, to $275,000, that by taking the printed bill and following the amendments as and ch-anges the text to read as follows : stated in the report there will be no difficulty. "For subsistin~ and carinu for the Apaches and other Indians of the San Carlos 1\Ir. HOLMAN. I ask that the reading of the report be dispensed reservation, in Anzona: Forthis amount, for subsistence, $210,000; for civilization and instruction, including pay for Indian labor, $20,000 i for annuity goods, am with. cultural implements, seeds, and supplies, $35,000; for pay of employlls, $10,000 7in The SPEAKER pro tempore. Is there any objection to dispensing all $275,000." with the reading ofthe report'f The Chair hears none. On amendments numbered 53 and 54: Decreases the amount for subsistence of .Arapahoes, Cheyennes, Apaches, Kiowas, Comanches, and Wichitas, from $400,000 Mr. RYAN. 'l'he statement accompanying the report will, I think, to $350,000, as original).y stated in bill. explain sufficiently all t.he amendments, together with the action of On amendments numbered 55 and 56: In lieu of the text of bill, substitutes the the committee of conference respecting them. following: 1\Ir. HOLMAN. Then I a-sk that the accompanying statement, "For subsistence, support, civilization, and instruction of the Shoshones and Bannocks, and other Indians of the Fort Hall reservation, in Idaho Territory, without the report itself, be read. including pay of employes, $22,000." The Clerk read as follows: On amendments numbered 58 and 59: In lieu of the t~xt of the bill substitutes the following : Statement in explanation of the report of the conferees on the disagreeing votes "For support, civilization, and instruction of the Klamaths and Modocs, and of the two Houses on the amendments of the Senate to House bill No. 4185, Indian appropriation bill for 1883 : otto~ ~~:~:n~e~b~daf~~~~· ~~ ?:fug~~~~l 1te~~fb1li~!bfJ~t!~ ~~~;: There were fifty-six amendments before the conference. They recommend that the Senate recede from eleven. the House recede from twenty-two wholly, and from lo~~; support, civilization, and instruction of the Shoshones, Bannocks, and twenty-three with amendments. Sheepeaters, and other Indians of the Lemhi agency, in Idaho Territory, includ The money amount of these amendments is $543 800, of which the Senate yielded ing pay of employes, $21,000." $255,200, and the Hause yielded $288,600, leaving the amount appropriated by the On amendment numbered 66: Reduces amount for Tonkawas from $4,000 to recommendation of the report $5,217,803.91; the amount recommended by the bill $3,000, and includes "instruction and civilization" in the text. as it passed the House, $4,920,203.91. The efl'ect in detail upon the amendments, if On amendment numbered 67: Increases amount for the Yakamas, from the the report is adopted, will be as follows: Malheur, from $25,000 to $26,000. On amendment numbered 2: It increases the salary of the agent at the Uintah On amendments numbered 78, 79, 80: Increases Indian police from 800 to 1,000, agency from $1,000 to $1,500. and from $70,000 to $82.000for pay, and rejects the proviso that none of the money On amendment numbered 3: It releases the agent at the Navajo agency from the shall be used to pay police among the five civilized tribes in the Indian Territory. duties of teacher, and provides that no other money appropriated by this act shall On amendments numbered 81 and 82: Rejects proposition to pay special police be expended for clerical labor at this agency. . ~~~~f!\~'Wtc;,rri~:.ffic $5,000, and to appropriate $5,000 for schools among the On amendment numbered 9: Increases the salary of the agent at the Quapaw agency from $1,200 to $1,500, and provides that not merethan$1,000 of any moneys On amendment numbered 91: To read as follows: ".A.nd the Secretarv of the apiJropriated by this act shall be expended for cl•ricallabor at this agency. Interior is hereby authorized to cause to be construct£>d, at a point in the Indian On amendment numbered ll: Reduces the salary of the agent at the White Territory adjacent to the southern boundary of the State of Kansas and near to Earth agency from $1,800 to $l,(i00. the Ponca and Pawnee reservations, and upon a section of land suitable in quali t_y On amendments numbered 12 and 13 : lm11oses the duties of teacheT and clerk on and location, for the industrial purposes of said school, which section of land 18 the agent at the Moquis Pueblo agency, fixes his salary at $1,500, and provides hereby reserved for said purpose." . that no other money appropriated by this act shall be expended for pay of teachers On amendment numbered 92: To read as follows: or for clerical labor at this agency. "And the Secretary of the Interior is hereby further authorized to cause to be On amendment numbered 14: Corrects total of amount appropriated for agents' constructed, at some suitable point on the Sioux reservation, in Dakota Territory, salaries. and upon a section of land suitable in quality and location for the industrial pur On amendments numbered 15, 16, and 17: Reduces the amount for pay of inter poses of said school, which section of land 1s hereby reserved for said purpol!le, a preters from $25,000 to $20,000, and strikes out the limitation upon the annual pay building suitable in size and convenience for the instruction and care of one hun of an interpreter employed east of the IWcky Mountains, and leaves section 2072 of dred ana fifty Indian cbildr~?DJ and shall cause to be instructed t.herein, in the Eng the R~vised Statutes repealed, a>9 in the original text. lish language and in industri.a.l pursuits, the children of the Indian tribes located On amendment numuered 18: As fully set forth in the report. on said reservation, or in his discretion the Secretary of the Interior may estab On amendment numbered 19: To refuse tra>eling expenses of one inspector of lish said school in the school building now standing on the Pawnee reservation, Indian schools, $2,000. in the State of Nebraska; and for thi.~ purpose there is hereby appropriated the On amendment numl>ered 20: To increase amount for buildings at agencies from sum of $25,000, or so much thereo-f as may be neces ary, to be immediately availa $20,000 to $25,000. ble: Provided, That if the Secretary of the Interior shall not establish said school On amendment numbered 21: To reduce special agents from five to four. in the buildings on the late Pawnee reservation, not exceeding $15,000 of this sum On amendment numbered 22: To reduce amount for contingencies for Indian shall be expended in the erection, completion, and furnishing of said building." service from $42,000 to $38,500. On amendment numbered 93, as follows: On amendment numbered 27: To read as follows: " And hereafter the commission ' 'And the Secretary of the Interior is further authorized and directed to provide (of citizens serving without pay) shall only han power to visit and inspect agen for the care, support, and education of one hundred Indian children not belonging cies and other branches of the Indian service, and to inspect goods purchased-for to the five civilized tribes in the Indian Territory, at any established industrial. said service, and the Commissioner of Indian Aft'airs shall consult with the com agricultural, or mechanical school or schools ot:aer than those herEiin provided for, mission in the purchase of su.p,plies. The commission shall report their doings to in :my of the States of the Unit~d States, such schools to be selected by him from the Secretary of the Interior. ' · applications made to him, at a cost not exceeding $167 per annum for each child ; On amendment numbered 32 as follows: and for this pu:rpose there is hereby appropriated the sum of $17,000, or so much "That the sum of$10,000 is hereby appropriated out of the $300,000 reserved by thereof as may be nece sary : Provided, That not more than twenty of said pupils the third article of the treaty with t.he Choctaws and Chickasaws, concluded shall be educated in any one State." April 8, 1866, for the "J?Itrpo e of educating freedmen in said tribes, to be expended On amendments numbered 95 and 96 : Rejects the proposition to erect a school nnder the direction of the Secretary of the Interior, three-fourths thereof for the buildi11g on the Creur d 'Alene reservation, in the Territory of Idaho, $5,000; and freedmen among the Choctaws and one-fourth for the freedmen aruong the Chic-k appropriates $5,000 for similar purpose, the building to be erected on the North asaws: Provided, That said sum of $10,000 shall be deducted in like proportion ern Cheyenne and .Arapahoe reservation in the Indian Territory. from any moneys in this act appropriated to be paid said Choctaws and Chicka On aniendment numbered 103: Provides for payment of defending suits against saws: And p1·ovidedfttrtll.er, That either of said tribes may, before such expendi the North Carolina. Cherokees $1,000 out of the funds of the Treasury belonging ture, adopt and provide for the freedmen in said tribe l.n accordance with said to said Indians. third article, and in such case the money herein provided for such education in On amendment numbered 104: Provides for payment of claimants sufferers said tribe shall be :paid over to said tribe, to be taken from the unpaid balance of from the raid of the Northern Cheyeune Indians in 1878, to be paid from nnex the ~300,000 due srud tribe." pended balances of treaty flmdsi reappropriated for that purpose, amounting to On amendments numbered 33 and 34: To make the clause I'ead as follows: "For $9,870.10 and immediately availab e. settlement, &c., of Kickapoo Indians in the Indian Territory, lately removed from On amendment numbered 105: Provides as follows : Mexico, including the purchase of stock, $8,000," and makes the total amount cor- "For this amount, or so mnch thereof as may be necessary, to enable the Com respond. · , - missioner of Indian Affairs to employ, temporarily, sufficient clerical force to ef On amendment numbered 33, strike outtbewords "except the per capita shares fect a prompt settlement of the accounts of Indian agents which have been unduly due the family of Sepeq,uah, or Jane Drake, nine in number, the same to be re delayed, $4,000, to be immediately available; and section 2056 of the Revised Stat tained in the Treasury for their benefit," and leaves the amendment thus: utes is hereby amended so as to read as follows: 'Section 2056. E:wh Indian agent '' For payment to the dele"'ation of the Miami Indians of Kansas, now or recently shall hold his office for the term of four years, and until his successor is uuly in Washington, the sum of $1,000, to reimburse them for money expended in 1881, appointed and qualified. • " to be paid out of any funds belonging to said tribe, and to be immediately avail able; and the Secretary of the Interior is hereby directed to pay per capita to the Mr. RYAN. I mo>e the adoption of the report. Miami Indians of Kansas, now residing in the Indian Territory, the amount found The report of the committee of conference was adopted. due said Indiana at this House the followin~ concurrent resolution of the Senate; which was the value of new improvements added $1,525,320 to the amount of referred under the law to the Committee on Printing : taxable real estate. The last a sessment on personal property aggre R~olved b¥ the Senate, (the House of Representatives concurring,) That the Public gates 9,666,272. Of course there is no valuation of tb.e personal :Printer be direoted to fum.Mh, commencing with the first session of the lforty property in the posse sion of the General Government, unt if the .se>enth Con!ITess, 3,425 copies of the CONGRESSIONAL RECORD for the use of the whole account could be stated as between tho property of the United :Senate, inste~d of 3,100 copies as ordered by the conclUTent resolution of June 4, 1874. St.ates in the Distl'ict and that of private citizens it would, I am con ATLAS OF COLORADO. fident, appear that the Government owns the larger nmount. Congress was very slow to recognize its obligations toward the dis The SPEAKER pro tempore also, by unanimous consent, laid before trict set apart as the seat of the National authority, and placed under the Hou e the following concurrent re olution of the Senate; which the exclusive control of the national Legislature. Until the adop was 1·efened under the law to the Committee on Printing: tion of the present form oflocal government but little was contri uuted Resolved by the Senate, (the House of Representatives concurring,) That the copies from the United States Treasury toward District expense , except for .of the Atlas of Colorado heretofore ordered for the use of the two Houses of Con gress and the Department of the Interior be suitably bound by the Public Printer the improvement of streets around public reservations and the sup for distribution in accordance with the resolution ordering the same. port of charitable institutions ;--and what was given was doled out ORDER OF BUSINESS. without system or regularity. The city of ·washington was laid out upon a scale of grandeur be Mr. KETCHAM. I move to dispense with the morning hour for fitting the capital of a great nation; but for nearly three-quarters :to-day. of a centm·y the realization of the plan was left almost exclusively The motion was agreed to, two-thirds voting in favor thereof. to a scanty population whose means were wholly inadequate to the DISTRICT OF COLUMBIA APPROPRIATIO:X BILL task of improving and beautifying the broacl streets and stately Mr. KETCHAM. I move that the House resolve itself into Com avenues. mittee of the Whole on the state of the Union for the consideration Up to the time when the territorial government of 1871 came int-o -of the bill makin~ appropriations for the expenses of the govern existence the capital was but wretchedly equipped with the ordinary ment of the Distnct of Columbia. city con,·eniences of paved streets, sewers, sidewalKs, gas, and water. The motion was agreed to. That government went to work to supply the obvious needs of the The House accordingly resol \'ed itself into Committee of the ''"'hole city, hut without due regard to the capacity of the people to sustain House on the state of the Union, (:Mr. HASKELL in the chair,) and the burden of a heavy debt. I need not here discuss the merits and ,proceeded to the consideration of the bill (H. R. No. 566-!) making demerits of the system they set on foot. It is sufficient to say that .appropriations to proviue for t.he expenses of the government of the while the general plan was in the main wise and far-sighted, the mag .District of Columbia for the fiscal year ending J nne 30, 1883, and nitude of the work undertaken at the outset was so great that with ·for other purposes. out the co-operation of the General Government financial difficulties Mr. KETCHAM. I ask unanimous consent that the first reading were inevitable. .of the hill be dispensed with. One of the heaviest items of District expenses in late years has :Mr. HOLMAN. I hope the gentleman will withhold that motion been for replacing the decayed wooden pavements, represented by -until be has concluded his remarks. millions of debt, with a durable substitute. Washington may now :Mr. KETCHAM. M.r. Chairman, in calling up the annual appro boast of being the best-paved city on the continent, but it has at priation bill to provide for the expenses of the government of the tained this position at a great cost. Many of the first pavements District of Columbia for the fiscal year ending June 30, 18B3, I beg were hardly completed before they became an impediment instead the indulgence of the committee for a few remarks. of an aid to travel. Twenty-four miles of almost impassable wooden The total amount appropriated by the bill is $3,411,798.08, which pavements have been renewed with asphalt or stone since 1878, leav is $39,750.73 less than the estimates, and 33,780.64 in excess of the ing about ten miles for future work to complete the renovation of .appropriations for the cunent fiscal year; the increase being found the wood-paved streets. chiefly in the items for the construction of new sewers. In 1874 Congress abolished the complicated and costly territorial Of the sum to be appropriated, one-half is paid by the United scheme of government, and put in its place the simple system of a States in pursuance of the act of Congress approved June 11, 1878, commission composed of three members, vested with full aut.hority providing a permanent form of government for the District, and the t8' manage the affairs of the District. other half is furnished by the revenues of the District from taxation Thia system, with some modifications, was made permanent by the and other ·sources. These figures do not include the water depart act of 1878, which, at the same time, assumed on behalf of the Gen ment, a-s this branch of the District government is held not to be eral Government one-half of the total annual outlay of the Dis embraced in the law requiring the General Government to pay one trict, including interest and sinking-fund charges. :Four years' ~x half of the District expenses. The revenues of that department, perience under what is known as the permanent government act amounting to $111,050.50, are sufficient for its support and for inter has shown the system it provides to be comparatively economical est and sinking fund on the water debt. and efficient, and to amply meet the needs of Washington as the The estimated receipts of the District from taxes, licenses, and national capital. mingr sources for the coming year are $1, 725,816.43. Of the whole The only objection urged to this system is against its principle amount necessary to carry on the District government, over one-third, rather than its operation. It has no connection with popular suf or$1,213,947.97,isrequiredforinterestandsinkingfundonthefunded frase, and thus appears to violate the most ·essential feature of our debt of the District-a debt created chiefly by the Territorial gov political institutions. The citizens of the District of Columbia vote ernment established by Congress in 1871 and al>olished in 1874. The for no public officers. The laws they obey are made by Congress, total debt apart from the water bonds, which amount to $379,000, is and their execution is placed in the hands of commissioners named now $21,883,450, an enormous sum to rest upon a district embracing by the President. .A.ll minor offices are filled by the commissioners, only about seventy-two square miles of area or 46,000 asres, and so that the local government at no point touches or depends upon ha.ving a population of less than 200,000. The amount per capita of the will of the governed. This objection may seem theoreticallyto debt to population is about $110, and the annual interest and sinking be a grave one; but it has but little practical weight. The people fund charge is 0ver $6 for each man, woman, and child in the District. of the District are apparently satisfied with their present form of By the provisions of the act of 1878 one-half.of this heavy burden is government. The tax-paying classes, at least, seem almost unani assumed by the General Government; but even this relief, thought mous in its favor, and have no desire to revive the costly experi by some to be generous, but in reality only just, leaves a heavy ment of suffrage and local legislation which the commission gov weight for a community to bear which po sesses neither manufact ernment displaced. ures nor commerce and has but a small store of accumulated wealth. It should be borne in mind by those who are disposed to think the The amount of debt per capita to population in New York City is in citizens of the District unjustly treated because they have no voice x·ound numbers ninety dollars ; in Boston, forty dollars ; in Chicago, through the ballot-box in the management of either the General twenty dollars, aud in Philadelphia, sixteen dollars. .A. considera Government or their local affairs, that the Constitution does not ble reduction in the interest bmden of the District's liabilities has contemplate giving them the privilege of suffrage. On the contrary, been effected by the 3.65 loan, which embraces about two-thirds of it vests the control of the District exclusively in Congress. The all the outstanding indebtedness. language of the Constitution on this point is explicit. It declares The amount appropriated in the -bill forinterest and sinking fund that Congress shall have power "to exercise exclusive legislation is the sum estimated by the commissioner of the sinking fund as in all cases whatsoever over such district (not exceeding ten miles necessary to be regularly provided everyyearunderthe policy adopted square) as may by cession of particular States, and the acceptance by Congress four years ago to meet current interest obligations and of Congress, become the seat of Government of the United States." extinguish the whole debt by the time the 3.65 bonds mature in 1924. Whatever measure of suffrage has at any previous time been exer I have said that the a-ssumption by the Federal Government of one ci ed bythepeopleofthe District has been not by virtueofanyinhe half of the expenses of the District is a measure of fairness only, not x·ent right derived from the system of government, as in the case of the of generosity. The United States own fully one-half of the property people of the States, but by the force of special enactments of Con in the District. The total value of real estate, when the last as ess gre s, in which it transferred to them a portion of its constitutional ment, in 1880, was made, was $179,010,543, of which $88,953,078 wa power. They have therefore no reason to complain because Congresa taxable property; $83,416,111 United States property, exclusive of has resumed its right of control and delegated the administration of streets and avenues in the city of Washington, which comprise about the municipal affairs of the District to a commission, and they can at 43 per cent. of its total area of 6,110 acres, the sole title to which all times 1·ely upon the prompt interference of the supreme law-mak is vested in the United States, and $61641,354 property non-taxable, ing power for-their protection in the event of an oppressive or un wiso other than that belonging to the Government. During the past year exerci e of the authority of the commissioners. CONGRESSIONAL RECORD-HOUSE. MAY 10, 3800..... Doubtlesstheframers of the Constitution thought that the inhab The growth of the public schools in the District of Columbia itants of the Federal District would be compensated for the loss of scarcely has a parallel in the country. In 1861 the whole number of the elective franchise by the advantages of living at the seat of the pupils enrolled for that year in the public schools did not exceed General Government antl by the liberality {)f that Government in 5,000; the number of teachers employed was about 60, and the a:dorning their city and providing it with parks, museums, and in annual expense of the schools was less than $35,000. There were at stitutions of learning. It must be confes ed, however, that if this that time no public schools for the colored children of the Di trictr was their view they had to wait a long time for its realization. and none for the white children residing in the county. In 1 64- Only in recent year has a spirit of intelligent _interest character public schools were established for the colored children of the Dis ized the dealings of the Government with the capital city. trict and.for the white children of the county. The element of stability which the present municipal organization The following table gives the school attendance and number of has given to the affairs of the District of Columbia is proving of teachers employed from 1872 to 1881 inclu ive: great advantage in encouraging investments in real estate and stimulating valuable improvements. The law provides that in no case shall the annual tax assessment exceed 1.50 on the $100 valua tion of city property, and 1 per $100 valuation on agricultural lands. Thus the property-holder knows exactly what he has to ex Yfllml. pect from the tax-gatherer, and is in no fear that his estate will be confiscated or reduced in value by heavy as essments for speical or general improvements. This security is increased by a provision of law forbidding any addition to the present indebtedness of the Dis ------1------trict. Any violation of this section of the permanent government 1872...... • ...... 15, 555 ...... 263 act is punishable by imprisonment for a term of not exceeding ten 1873. .. • . . •...... • . . . . 16, 770 ...... 271 8 3.0 years, and by a :fiDe of not exceeding 10,000. It will be seen that 1874 ...... •...... 17,839 ...... 276 5 1.8 the guaranty against oppressiv-e taxation is ample. 1875...... 18,785 14,417 ...... 293 17 6.1 A.. word about the machinery of the DistJ:ict government may not 1876...... 19, 629 15, 646 1, 229 8. 5 307 14 4.7 1877...... 21, 264 17, 112 1, 4£6 9. 3 330 23 7.4 be out of place here. The police, schools, health, charities, fire, tax 1878...... 22,842 18,959 1, 847 10.7 370 40 12.1 ation, public works, and other branches are under the direct control 1879...... • . 25, 130 20, 389 1, 430 7. 5 402 33 8. 6 of the commissioners. The revenues of the District from all sources 1880...... • . • . .. • . • ...... 26,439 21, 600 1, 211 5. 9 434 32 7. ~ are required to be deposited in the Treasury of the United States, 1881...... • . 27, 299 22, 061 461 2. 1 4£1 27 6.1 and the management of the. District debt is in the hands of the Sec Total...... 7, -1-98---5-.-8 retary of the Treasury and the Treasurer of the United States, who 644 15,8 ...... is ex officio commissioner of the sinking ftmd. A>erageper annum...... 1, 276 ...... 22 .....• One of the three commissioners is an officer of the Engineer Corps of the Army, who is detailed for that duty, and who is assisted in The following table gives the school children, school attendancer the important engineering work of the District by two other engineer and school accommodations at the present time : officers. While these officers have the immediate supervision of the improvements of streets, avenues, and sewers, all contracts therefor are required to be properly advertised and awarded to the lowest re Children, teachers, accommodations. sponsible bidders, and made and entered into only by and with the official unanimous consent of the commissioners. The late engineer commissioner, who e recent untimely death all ------·------1------who have had personal or official relations with him deeply regret, \Vhole number of children of school age ...... 31,652 14,906 46,55S Who1e number on the school-rolls ...... 18,569 10,040 2 ,609 wa the first officer detailed to that position under the law estab Average number on the school-ro]ls ...... 15,432 7, 967 23,399 lishing the permanent form of government for the District. 1\fajor Entire number of school-rooms ...... 260 134 394 ··w. J. Twining was an intelligent, efficient, and conscientious officer. Entire number of seats for pupils ...... 14,378 7, 575 21, 953• It will be fortunate indeed for the District and country if his succes Number of teachers employed .•...... 318 167 48& sor shall bring the same qualifications to the discharge of his varied and responsible duties and prove him elf as deserving of public con From the above it will be seen that the educational system of the fidence. District since 1861 has grown from a few traggling schools, attended The trustees of public schools serve without compensation. by only the poorer cla ses of white children in the city, into a great. E timates for the expenses of the District gov-ernment are first system of public schools with an attendance of nearly 30,000 children prepared by the commissioners and then revised by the Secretary of of all classes, and a corps of nearly 500 teachers. the Treasury before being transmitted to Congress. The system now includes well-organized high schools for both sexes A.. clan e in the bill under consideration provide that only one of and excellent training schools for graduates from the high schools the commissioners need be a resident of the District when appointed. who are to become teachers. Iu 1tl61 most of the schools occupied As Congress provides for one-half ofthe expellSes, it is thought proper rented rooms, and the entire.value of school property owned-sites, by the committee that the country at large should, in the discretion buildings, and furniture-did not exceed $20,000. Now the value of of the President, be given representation upon the com.mis ion. It the school property owned is estimated at about 1,500,000. is for the interest of the District as well as of the country that the The expense of building up and supporting such a system of schools board should have a national as well as a local character. has been a very heavy burden upon the District. The committee will bear in mind in considering this bill that it 'l'hat public education is not more expensive in Washington than differs in one important particular from all other regular appropria it i in other large cities of the country is shown by the following tion bills. The Uommittee on Appropriations is limited in the total table, compiled from the last published report of the United States amount to be disposed of by the provi ions of the permanent govern Commis ioner of Education, showing the- ment act. Having ascertained the probable revenue of the District for the coming fiscal year, an equal amount is added for the Govern Cornparati~:e cost of education in fifteen large cities, based on the average ment's share of the expen es, and this gross sum is a fixed limit which daily attendance of pupils. we cannot exceed. \Ve do not have the Treasury to draw on at our ~ai 1-4 -+-o CD • discretion, but must apportion this speciiic amount o as best to meet ci I=: a> A.-:::1 the wants of the different branches of the District government. Cities. 0 CD~ :0 't:la;> :$6+ Coming now to the details of the bill, the committee will observe -~ ·s ~ oPt E-< .:lo E-< that, apart from the provision for the District debt, much the largest --·1------l------channel of expenditure is for the support of public ~chools. 'rhe to tal appropriation under this head is $526,075, of which sum $335,825 1 Bost~n ...... •...... $24 61 $9 12 $33 7~ 19 57 13 67 33 24 goes for the salaries of teachers, and 25,000 for care of school build- ~ ~rfu~~; -~::::::::::::::::::::::::::::: ::::::::: 22 70 4 53 27 23- ings, $99,000 for new buildings, antl the remainder for fuel, rent, re- 4 New York ...... •...... : ... . 20 26 3 90 24 16 pairs, &c. It has been thought best by the committee to disregard 5 Providence ...... : ...... 19 03 4 25 2:l 28 the · cla iiication and salaries of teachers in the estimates, and to 6 19 76 2 92 22 68 ~~i~~1f~~~ ~ ~: :::: ::~~~~ ~ ~: :: :~: ~: :::::::::::::::: 20 17 2 12 22 29- simpli.:fy the appropriation under this head by making it in one gross ~ Columbus ...... 16 94 4 69 21 63 sum, specifying only the total number of teachers to be employed 9 Baltimore ...... _...... 16 21 4 13 20 34- and the average salary. 10 Wa.shlngton ...... 13 94 5 63 19 57 This does not increase the salaries and grades of teachers, but 11 Indianapolis ...... 14 74 4 65 19 39 Cleveland ...... 15 83 3 51 19 34 leaves their arrangement as established by the present schedule. ~i Newark* ...... 14 08 3 66 17 74 The schools of the District, I may add, are objects of just pride to 14 Saint Louis ...... •...... 15 60 2 04 17 64 the citizens, and are regarded by the leading educators of the conn- 15 Chicago ...... 13 75 3 21 16 96- try as occupying a high rank, in comparison with those of other cities. It is the aim of the District authorities, ancl I believe the Average cost per pupil, $22.61. desire of Congress, that they should reach the highest practicable * No returns made smce 1879. st~ndards of efficiency and excellence and serve as models of the free The population of the District is exceptional in regard to its tax educational system, which is the only safe basis for republican insti paying ability. About three-ninths of the inhabitants are colored,. tutions. largely immigration from the States during the late war, and con- 1882. CONGRESSIONAL RECORD-HOUSE. 3801 .. tributing comparatively little to the public revenue. About two broad miasmatic marsh, barely covered at. high tide. The filling or niriths are temporary residents, being composed of those who are this ma1·sh and the improvement of the channel, deemed practieable from the States and employes of or connected with the General Gov by competent engineering authority, will greatly promote the sani errunent. The General Government until quite recently furnished tary and commercial interests of the District. That it is the duty the District no aid in building up this school system. It has appro of theNational Government to promptly undertake this improvement priated millions of dollars, or the equivalent in public lands, to aid cannot be doubted. The land reclaimed will be the property of the the common, higher, and technical schools in all the States and Ter Government, and according to careful estimate will more than repay ritories except the District of Columbia. Why not be as liberal to the cost of the improvement. the capital city, and thus let its public chools be made models for In conclusion permit me to say a few words about the very grati the country and the world fying growth of Washington in recent years. In 1870 the popula The general expenses of the District government, including offi tion of the District of Columbia was 131,700. The census of 1880· cial salaries, fuel, 1·epairs, insurance, and miscellaneous items, ag showed it to have increase(l to 177,624. The two years which have gregate $138,657.11. elapsed since the census was tak.en have undoubtedly added 10,000 The police force requires for its maintenance $300,216, but it is too more to t.he population. This substantial growth, comparing favor small to meet the ·growing demands of the District. Its size was ably with that of many of the prosperous manufacturing and com fixed yea1·s ago, when the population was much smaller, and when mercial cities, is largely due to the wise and just policy of Congress. extensive districts now covered with dwellings were open lots and in contributing its share toward beautifying the city and making it fields. In some sections of the District private watchmen are em a peculiarly desirable place of residence. ployed by the residents~ because the beats of the policemen are so It cannot be attributed to the development of the surrounding: large that it is impossible for them to afford the needful protection country, for that has ma-de very little progress; nor to the increase against thieves and burglars. of commerce or trade, for Washington, owing to its long-neglected To secure efficient members of the force hereafter, however, cer water front, has bnt little commerce and its trade is limited to sup tain restrictive features of the law governing appointments should plying the wants of its own inhabitants. Nor have manufactures be essentially changed. If the provision requiring appointments or other important business enterprises been established to encourage to be made from among those who have served in the Army or Navy immigration by employing large numbers of working people. We be retained, then the law requiring appointees to be residents of the must therefore seek for the cause of the large additions to the popula metropolitan police dist1ict for two years should be repealed, so that tion of the capital in its increasing attractiveness as a place of resi all Union soldier~ and sailors may be eligible to appointment, with dence. out regard to residence. This view is sustained by the character of the recent improvements. The fire department costs $99,140. Its discipline and effectiveness The many substantial and spacious houses lately erected show a large are shown by the small aggregate loss during the year from fires. influx of people of means and culture, who are drawn here by the The appropriation for street improvements is $300,000, the same as intellectual and social advantages of Washington and its facilities for for the past four years. This sum is inadequate to replace the old leading healthful and agreeable lives. Entire sections which were wooden pavements and meet the urgent demands for the improve lately waste land have been reclaimed, and are now covered by res ment of the remaining unpaved streets; but it is all the committee idences which for commodiousness and architectural beauty are felt justified in allowing, in view of the other pressing needs of the scarcely surpassed in any of the great cities of the world. District. The owners of these dwellings ancl of the thousands of other com The progress of the important Boundary street intercepting sewer fortable houses built within the past decade have chosen Washington calls for $ffi,OOO; an increase of $35,000 over last year i "'350,000 have as a place of permanent abode because of its well-paved, well-drained,. already been expended upon it, but as yet it is of little l:>enefit. With and well-shaded streets; its many attractive parks; its statues and the expenditure of $85,000 more the sewer will reach Gales's Creek monuments, recalling glorious events and heroic men; its treasures and be of pern1anent atlvantage to the city. of art and. science; its stately public buildings; its mild winter cli The northwestern intercepting sewer, a new work of considerable mate; its cultivated, hospitable society and the constant interest importance, the estimated cost of which is $75,000, requires $50,000. which attaches to it as the seat of the Government of a great nation. The items for current expenses of streets and county roads are Congre s has but to continue the just and intelligent policy .it. has $50,000; for the parking commission, 19,900, and for lighting the lately inaugurated in regarcl to District affairs to make the capital streets and necessary repairs in connection therewith, 106,250. The the object of national pride its projectors intended it should be; and health department is given $40,340. The public charities, $184,554, I ha.-e no doubt that the people will approve all proper legislation. including the support of the insane, the asylum, the reform school, looking to this end. the relief of the poor, and contributions for hospitals and asylums :Mr. HISCOCK. Mr. Chairman, I move by unanimous consent. that supported in part by private benevolence. ·The item for the indigent the formal reading of the bill for information be dispensed with. insane, which was 37,000 two years ago antl $40,000 last year, is in There was no objection, and it was ordered accordingly. creased to $4:3,200, the proportionate expense of the support of the The CHAIR~1AN. The bill will now be read. by paragraphs for Government Hospital for the Insane assigned to the Di trict as per amendment. report of its superintendent. The Clerk proceedetl to read the bill without amendment until he In view of the growing demands for appropriations for charital)le reached the following paragraph : purposes, the creation of a board of charities having the supervision For the relief of the poor, $15,000, of which $3,600 shall be expended for the use of all the expenditures on account of benevolent institutions in the of the Central Dispensary and Emergency Hospital, in equal monthly installments. District would be a. wise measure for Congress to adopt. .And the compensation of not to exceed five phy icians to the poor shall be at the The revenues of the District under the present permanent system rate of not exceeding $50 per month. of the equal division of its expenses between the General Go\ern l\Ir. KETCHA"llf. I move, l\Ir. Chairman, by instruction of the· ment and the taxpayers will suffice for the extinguishment of the Committee on Appropriations, the following amendment: debt, as I have shown, provide for all the general expenses, and can'Y Strike out "not.to exceed five," and in lieu thereof insert the word. "tlle ;" so it. forward from year to year at a moderate rate of progress the work will read.: of grading and paving, the construction of sewers, and the admi 11 And the compensation of the physicians to the poor shall be at the rate of not l'able system of tree planting in the streets, which base added so exceeding $50 per month each." much to the beauty and comfort of the city. The ad<1ption of that amendment will make this paragraph con There are, however, two important lines of expenditure which form to the law as it was pa sed last year. should be undertaken by the Go\ernment alone, and which ought 1\Ir. HISCOCK. Tht) committee recommended the paragraph as it not to be longer postponed. The most pressing of these is the en stands in the bill, but after further consideration agreed to restore largement of the water supply, which is now totally inadequate to the appropriation to what it was in the preceding appropriation bill meet the needs of the present population. Serious inconvenience is for this District. As amended, it will provide that the compensation., experienced by householders livin~ in the higher districts by reason of the physicians for the poor shall be at the rate of not exceeding of the want of sufficient pressure m the pipes to carry the water to $50 per month each. the upper sto1·ies. The consumption by the Government, as well as Mr. HOLMAN. You strike out the word "five." by the citizens, is increasing rapiclly, and the need of early action to Mr. HISCOCK. Yes; the effect is to strike out the word "five."· increase the supply is too apparent to require argument. Mr. KETCHAM. If the amendment be adopted it will not be an No provision is made to meet this need by the bill under considera increase over the law as it now stands upon the statute-book. tion, the subject being more properly one for special legislative action. :Mr. HOLMAN. The present law fixes the number at five. A reference to it here seems proper, however, in connection with my :Mr. HISCOCK. The amendment makes it conform to the present remarks on the general affairs of the District. I need hardly adcl law, and that is all. The bill as reported was an amendment of tho· that whatever measure Congre s may adopt to deal with this ques present law. The committee recommend now that there shall be a tion should contemplate such an increase of aqueduct a.Ild reservoir return to the present law. capacity as will meet all possible wants for a long time to come. Mr. HOLMA.t~ . I suppose the gentleman from New York exam The other improvement which demands the attention of Congress ined into. the matter before this provision was incorporated, and I is provided for by a separate bill now pending. I refer to the recla infer he reached the conclusion that five was a sufficient number of mation ofthetidalflatslying along the waterfront ofthe city. When physicians to be employed for this purpose. I hope if he has had the capital was first established here there was deep water in the occasion to change his mind he will explain it to the committee. river from Georgetown down to the month of the Eastern Branch, Mr. HISCOCK. The reason for changing the paragraph back to and vessels passed up and down the stream where there is now a the original law is this: the committee, I believe, were unanimous ~802 CONGRESSIONAL RECORD-HDUSE. l\{Ay 10~ ·ir(favor of the .bill as it is reported, ·but we became satisfied a point escape taxes. I think this is one of the most extraordinary features •Of order would be made against that provision, and therefore we have of our extraordinary system of expenditur~ in which the multitude recommended the amendment moved by the gentleman from New is taxed for the benefit of the few. 'York, [Mr. KETCH.Al\1.] Such a state of legislation would have been impossible even :fifteen Mr. HOLMAN. But the point of order is not made against it. years ago. I am certain it would have been absolutely impossible :Mr. HISCOCK. We became convinced it would be, and therefore twenty years ago. Favoritism then was not a rule of legislation, ·we have accepted the situation and ourselves moved to change it. but now this bill, extravagant in every detail and feature, multi Mr. HOLMAN. The gentleman is mistaken; the point of order plying employments far beyond what is provided in great cities of ·would not lie. the country, increasing employments and eekingt.o find new employ Mr. HISCOCK. It would have been made. ments, and.. uniformly :fixing large salaries, yet charging one-half of Mr. HOLMAN. If made it would not lie, as it is not a good point the large aggregate upon the whole people of this country, this --of order. Does the gentleman hold that we cannot on this bill re bill alone charges $1,700,000 on the public Treasury for the benefit of duce the number of employes, in that or any other paragraph of the this city. This charge upon the industry of the whole people for bill f In my judgment this amendment is germane and would reduce the benefit of the few is a feature of our governmental policy against expenditures at least one-half. which I shall always feel called upon to protest. Mr. HISCOCK. I will state further, in reply to the suggestion It does not seem worth while to make objections to specific items. made by the gentleman from Indiana, that the chairman of the sub The whole system is vicious and wrong in itself. Nor is it creditable .committee having charge of this bill, on consultation with the health to our system of government that the people here should be deprived We appropriate for these institutions in this city the sum of 205,- doubt, though I have not consulted with those who drafted the bill, 000. I appeal to gentlemen, members of this House, if that is not a was to get good men to act as commissioners; men who wonltl not liberal appropriatil.ln V I ask the ~entleman from l\Iichigan [Mr. be under the influence of certain parties, who, as a rule in thi Dis HoRR] what city in his State of the size of this city contributes tTict, control the men who have heretofore been appointed. There $200,000 to support institutions of this character 1 is more in that than there is in the theoretical question of self-gov The course of this institution is almost marked out by the speech ernment. By the express terms of the Constitution, this District is of the gentleman which he has just made. .A. house was built last under the control of Congress, and the Constitution must be chaugell year ; another one is to be built this year, and another next year; before we can give the District the right of self-government enjoyed; until finally this institution will comA to Congress and ask for an by the States under the Constitution, and by the Territories under appropriation of '1150,000 to support aml sustain it. It was started the laws of Congress. originally to be supported by the voluntary contributions of individ So far as concerns the present board of commi sioners, I wish to s::ty uals; bnt those contributions have been meager, and therefore they frankly and with all due respect to the members of the board that come to Con (Tress and ask for aid. in my judgment, from careful inve tigation which I gave to this I say that having given for this purpose in the aggregate $200,000, subject for two years while I had charge of the District appropri we have gone to the limit of the amount that should be appropriated. ation bill, the people of this District are not represented upon that The question was taken upon the amendment of Mr. HORR; and board, and never have been. It is a few men in the District who upon a division there were-ayes 29, noes 46. are represented; the great body of the people of the District are not. Before the result of the vote was announced, represented. The men who have had control of the District have Mr. McKENZIE called for tellers. listened to the few as against the many. [Mr. BLACKBURN rose.] I Tellers were not ordered, there being but eight in the affirmative, know this to be so, for I inquired into the matter as carP-fully as any not one-fifth of a quorum. man ever did, and I think the gentleman from Kentucky will bear So the amendment was not agreed to. me out in the statement- The Clerk read the following: 1\!r. BLACKBURN. No, sir; I will answer the gentleman in a mo For the erection of a building on the grounds recently purchased by the Ger ment. I rise now to ask him (if he will permit me) whether he thinks man Protestant Orphan Asylmn Association of the District of Columbia, $5,000: the government of the District of Columbia was any more honest or Provided, That the asylum shall contribute an equal smn for this purpose. any more economical or any better or any more satisfactory to the· Mr. KETCHAM. I move to amend the paragraph just read by in property-holders of the District when it was under the rule of non serting after the words" District of Columbia" the words "now the resident commissioners than it is to-day~ German Orphan Asylum Association of the District of Columbia." Mr. COBB. I do not know. Ivery frankly say Ineverlookeu intO' The object of that amendment is this: a bill has been passed by Con the question of extravagance or economy with regard to the District gress and approved by the President changing the name of this asso government prior to the establishment of the system under which. ciation, since tills appropriation bill was prepared. the District affairs are ;now managed. But I do say that so far as Mr. KLOTZ. Why not simply strike ont the word" Protestant." regards extravagance, so far as regards deference to their demands Mr. HISCOCK. The object of the amendment in this form, in and wants, the people cannot be worsted by a change. 1 know that stead of that suggested by the gentleman from Pennsylvania, [Mr. there is no effort at economy, and there has not been any, so far as KLoTz,] is this : the ground was purchased in the name of the Ger my knowledge has extended. since I have had anything to do with man Protestant Orphan Asylum Association; and the appropriation the District appropriation bills. On the contrary, demands are be is given to the asylum under the name by which the title was granted ing made upon Congress for thousands of dollars that ought not t() in the deed. The name of the association, however, has been changed be, and have not been appropriated. It is a. question with the pres since then by law, and this amendment is rendered necessary. ent board of commissioners how much money they can get out. of the· The amendment was agreed to. Treasury-not how little they can get along with. I say this frankJy,. The Clerk read as follows : for I know what I say. I know that the chairman of the sub-com-· mittee who has this bill in charge will bear me out in the statement·. GFJI."'ERAL EXPE.,SES that he has been obliged to disregard entirely the views and counsel For salaries and contingent expenses: of the board of commissioners, and to follow his own judgment upon. For executive office: For two commissioners, at $5,000 each; and the provision matters of expenditure. in section 2 of an act approved June 11, 1878, entitled " An act providing for a per. manent form of government for the District of Columbia," requiring that the two The CH.A.IRM.A.N. The Chair will remind gentlemen that a })Oint.. commissioners of the District of Columbia appointed from civil life snail have been of order is pending. actual residents of the District of Columbia for three years next before their ap· l\Ir. BLACKBURN. I did not care to object to the course which pointment, and have during that period claimed residence nowhere else, be, and the gentleman from Indiana [.Mr. COBB] has taken in discu ·sing thig the same is hereby, so amended that only one of said two commissioners shall be required to be a resident of the District of Colmnbia; one engineer commissioner, point of order. I hardly think that he believes he confined himself $1,160.11, (to make salary $5,000 ;) one secretary, $2,160; one clerk, $1,500; one to the point of order. I insist on that point; but under the peculiar clerk, $1,400; one messenger clerk, $900; one messenger, $600; one driver, $480; circumstances I trust the committee will allow me to say one word for contingent expenses, including printing, books, stationery, and miscellaneons in reply to the gentleman. items, $3,000; in all, $21,240.11. The board of commissioners of the District of Columbia consists Mr. BLACKBURN. I make the point of order against so much of of three men. The gentleman from Indiana has had opportunity the paragraph which has just been read as is included between lines an exceptional opportunity-to advise himself as to their efficiency 143 to 153 inclusive, that portion of the paragraph which proposes and capabilities. He has reflected upon that board of commjssion to repeal the provision adopted in 1~78, when Congress passed the ers to such an extent that although I may not be speaking to the organic law under which this District is to be governed. That pro point of order, I ask to be heard a single moment in repl~~ . It be vision of that law requires that the two civil commissioners of this comes peculiarly fittin;r that some response houlU be made, because District shall each have a bona fide residence of three years in the Dis during the present week, which is not yet half gone, one of the largest trict prior to their nomination and appointment as such commis concourses of citizens ever gathered in the country's capital upon sioners, and that during that three years they shall have claimed such an occasion has followed to their last resting place the remains residence nowhere but in this District. of a commissioner who reflected credit upon himself in the discharge The portion of the paragraph to which I have called attention and of his duties as a civil officer as he had shed luster upon the military to which I now object pronoses to repeal the residence clause of the record of the country as an officer of its .A.rmy. This District will general law, so far as one of these civil commissioners is concerned. be more than another century old ere it is given a ruler that will I raise the point of order that it changes existing law and does not, bring to the high office a purer character, a more thorough devo either upon its face or otherwise, tend to reduce expenditures. tion to duty, larger capacity or more manly attributes. \Vhether Mr. TOWNSHEND, of Illinois. I think the point of order is well as citizen, soldier, or governor, he commanded the respect and more~ taken by the gentleman from Kentucky, [Mr. BLACKBUR~.] It is the aftections of all. The people of this District honored him living difficult to see why the Committee on Appropriations should desire and now mourn him dead. to impose upon the people of this District a commissioner who is not Mr. COBB. The gentleman will allow me a moment. I intencled a. resident of the District and not familiar with the wants ancl inter to make an exception. I spoke of the board as it now exists, and I ests of its people. 1 do not believe that the members of this com think my language would import that I did make an exception in mittee would be willing that the governors of their States should regard to the commissioner recently deceased. I desire to bear my be imported from any other States in the Union, principally for the eVIdence, so far as it may go, to the integrity of that decea. ed com reason that they would not be familiar with the wants and institu- missioner. I intended to refer to the board as it now exists-the tions of the people of their State. . two members now constituting the board. In regard to MajorTwin I hope the Chair will sustain the point of order, and that we shall ing, it is my duty to bear testimony to his integrity, honesty, and get as near local self-government in this District as we possibly can. moral worth. .A.s an officer he was above suspicion; as an adviser The people here have no right to vote, and have no right to choose in his department, the engineer de1)artment, I never failed to ~et their commissioners or ~overnors, and it strikes me we should get from him any desired information. The gentleman from KentucKy as near as the law periillts us to get a local self-government. will pardon me for occupying his time in making this statement, be Mr. COBB. I would have been glad if no point of order bad been cause it is due to myself and to the deceased commissioner. made upon this paragraph. In my judgment two of these commis l\fr. BLACKBURN. I wanted to afford the gentleman opportunity sioners ought to be selected from the country at large. The Gov to make such a statement, which I knew he was ready to make. l ernment of the United States pays one-half of the. entire running will say nothing more on behalf of that dead commissioner, for h.i& ~expenses of this District. The object of this provision, I have no memory needs no vindication. In regard to the two surviving com- 1882. CONGRESSIONAL RECORD- HOUSE. . 3805 missioners I wish to say that I nlso ha.ve had some exceptional op street, or the vacation and closing up of the whole of Pennsylvania portunities of advising myself as to the municipal government· of avenue from one end of the city to the other. That would be legiti -this District. In a former Congress I was chairman of the Commit- mate in a bill reported for that purpose, but it would not be in order -tee on the District of Columbia, and I have been identified through upon a general appropriation bill. membership of the Appropriations Co.£mittee with District legisla The point I make, Mr. Chairman, is this: that this is new legisla -tion from that time until now. I undertake to say that in this city tion just as much as a proposition to vacate one-half of the streets or in this land you cannot find any commissioner, either resident or within the city limits and to convert them into parks, and that not non-resident, who for personal integrity, for honesty of purpose and being in the interest of retrenchment it is clearly obnoxious to the fidelity in the discharge of duty will rank superior to those twosur restnction of the rule. Yi ving commissioners. They may not have been tr~tined to the dis The CHAIRMAN. The Chair has no knowledge of the existing charge of executive duties; it maybe that men moreexperiencedin law governing the streets of the District of Columbia, nor does he such matters might be found. But I repudiate the sug~estion that feel able to state whether this does or does not chan~e existing law, in a city of 160,000 people, the very culture of this contment, as its or whether, being a change oflaw, it would under tne rule retrench .capital is admitted to be, you cannot find two resident gentlemen expenditures. The Chair therefore leaves it to the committee to who are fitted to fill the role of municipal authority or mayor of a decide whether the paragraph shall or shall not be stricken out on a ·town. motion to that effect. The Chair therefore pverrules the point of f)o much for the merits of the question. But I did not go into a order. ·discussion of the merits. I raised the point of order, which I am lli. MARSH. Then, Mr. Chairman, I mo>e to strike out all· that willing to submit to the ruling of the Chair. I have indicated in the bill; all after the word "dollars," in line 272, Mr. HISCOCK. I have not called the attention of either gentle down to and including line 275 . .m.an to the fact that his remarks have been a good deal out of order. The committee divided; and there were- ayes 7, noes 14. ):t is conceued on the part of the committee that if the point of order Mr. MARSH. I call for tellers. iiB taken it is well taken. The CHAIRMAN. Will the committee order a >ote by tellers Y The CHAIRMAN. The Chair sustains the point of order, and the Mr. HOLMAN. There was no quorum. -words objected to are ruled out and fo_rm no part of the bill. Mr. ROBINSON, of Massachusetts. I hope the gentleman will not The Clerk read as follows: insist upon that point. For.streets: Mr. HOLMAN. I am not insisting upon it. For sweeping, cleaning, and sprinkling streets and avenues, $33,000; cleaning Mr. HISCOCK. I trust the gentleman from Indiana will not raise .alleys, $7,500; for (iUITent work ofrepairs of streets, avenues, and alleys, $25,000; the point of order that no q oorum has voted, but let us go on and get o()UITent rep'ainsto county roadti, $25,000; cleaning and repairing lateral sewers and through with this bill without delay. ~asins, $9..,(),000; in all, $110,500. And the commissioners are authorized to extend .and improve the intersection between Vermont avenue and Thirteenth street, Mr. HOLMAN. I am not insistin~ upon the point of order myself. .northwest, south about one hundred feet to the line ofthe lots owned by private I have merely suggested to the Charr that., inasmuch as there was no parties. quorum, the gentleman from Illinois had a right to demand a vote by Mr. MARSH. Mr. Chairman I raise the point of order to the last tellers. .-sentence in that paragraph. I make the point that these words are Mr. MARSH. I supposed the Chair would order tellers when the not in order, and must be stricken from the bill : demand wa..s made after the result of the last vote had indicated that there was no quorum present. In order to obtain a vote by tellers I And the commissioners are authorized to extend and improve the intersection shall, if necessary, raise the point that no quorum has voted. between Vermont avenue and Thirteenth street, northwest, south about one hun -dred feet to the line of the lots owned by private parties. The CHAIRMAN. The Chair will appoint tellers. Mr. :MARSH and 1\Ir. KETCHAM were appointed tellers. My point of order is that it is new legislation, and does not retrench The committee divided; and the tellers reported-ayes 17, noes 33. -expenru tures. Mr. MARSH. I make the point of order that no quorum has voted. The effect of that clause is to close up and vacate so much of 0 The CHAIRMAN. The tellers will resume their places. .street, northwest, as extends from Thirteenth street to Vermont ave The committee again divided; and the tellers reported-ayes 27, nue. While the clause does not say in so many words that it is to noes 57 . .(}lose up a street, yet that is the effect of it. The extension of that Mr. MARSH. I withdraw the point as to the pre enceofa quorum. little park, which is at the intersection of Thirteenth street and Ver So (no further count being demanded) the amendment was not mont avenue, south to the lots owned by individuals would close agreed to. up that part of 0 street stretching from Thirteenth street to Ver The Clerk read as follows : mont avenue. It is new legislation, and the expense attending that For Metropolitan police: dosing up and extending the little park across and embracing that For one major and superintendent, $2,610; one captain, $1,800; one property portion of 0 street of course is an expense not now provided bylaw, clerk, $1,800; one clerk, $1,500 ; three surgeons, at $450 each; six detectives, at .and would increase expenditures instead of diminishing them. $1,320 each; te.n lieutenants, at $1,200 each; twenty sergeants, at $1,140 each; seven acting sergeaiJts, at $1,080 each; seventy-three privates, class one, at $900 Mr. HISCOCK. l\lr. Chairman, a single word in reply to the gentle each; one hundred and twenty privates, cla s two, at $1,080 each; sixteen station man who raises the point of order. This legislation is in the general keepers, at $516 each; eight laborers, at $420 each; one messenger, $700; one mes -direction of extending and opening streets, and the only power to senger.t ~500; one ma,ior and superintendent, mounted, $360; one captain, moanted, -open and extend streets, as I understand it, is vested in Congres . $240; ruty lieutenants, sergeants, and privates, mounted, at $240 eaeh; two driv ers, at $300 each; one ambulance-driver, $600; rent of police station-houses and It is a part of the organic law in effect that Congress should exercise police headquarters, $5,960; for fuel, $1,500; repairs to station-houses, $1,500; mis this right. There are other items in the bill in the same direction, cellaneous and contingent expenses, including stationery, books, telegraphin~, .and any fair construction of the rules cannot treat this as anything photographs, printing and binding, gas, ice, washing, meals for prisoners furm -else than the continuance of the legitimate work of repairs and as ture and repairs to same, police eqmpment-s and repairs to same, beds and bed-cloth in~, insigrua of !lffice, horse, hacness, and forage, repairs to van, and detection of perfecting the system of streets of the District of Columbia. Cl'liDe, $10,000; mall $300,216. That is the answer to the point of order, and any other rule of con struction than that would prevent the opening of any streets in this Mr. JACOBS. I offer the amendment which I send to the desk. city, or the extension of any streets would be narrowed and confined The CHAIRMAN. The amendment will be reported. to the present limits, whatever the growth of the city may he. The Clerk read as follows: All Congresses since the organic act was passed have treated this ~~~: !r~~e ~~i-e~ft.e":~X:Sllnutation or restriction as to lace of resi- as a part of the work in progress. It is a part of the scheme of pro dence of any person applying for appointment npon the said Metropo~tan police." v:iting for the government of the District of Columbia. Mr. MARSH. Mr. Chairman, I agreewithmydistinguishedfriend Mr. NEAL. I make the point of order upon that amendment. from New York, that all legislation touching the District of Colum Mr. JACOBS. Let me explain the amendment first. bia is vested by law in the Congress of the United States, but I hold Mr. NEAL. I know the argument-- that under the rules of this House Congress cannot adopt newleais Mr. TOWNSHEND, of Illinois. Let the point of order be stated. lation on an appropriation uill when the point of order is raised that The CHAIRMAN. The gentleman will state his point of otder. . new legislation does not retrench expenditures. Mr. NEAL. My point of order is that this is new legislation and The gentleman says that this is a part of the process of improve does not retrench expenditures. ment of the city in extending public highways or streets within its Mr. JACOBS. In this connection, Mr. Chairman, I will read from .limits, and therefore that it is in order on an appropriation bill. The the s~atn~es governing tJ;te District of ~olumbia, section .373, whi.ch gentleman well knows if it is desirable to open new streets that is a I believe IS the only sectwn of the ReVIsed Statutes wh1ch applies proper subject-matter of legislation over which Congress has unques to this matter. That section reads as follows: tiouable jurisdiction. There shall be no limitation or restriction of place of residence tQ any memb~r But the point I make is this clause proposes new legislation in this of the police force, other than residence within the Metropolitan police district. that it closes up a part of 0 street, an established street in the city, This does not refer to any member of the police force. It simply ,reaching from Thirteenth .street to Vermont avenue; because it is refers to the qualifications of the men who go 11pon the police force ; legislation upon an appropriation bill and is obnoxious to the restric or, in other words, the preliminary qualifications for the positions -.tion of the rule that it does not retrench expenditure. If it is within when a man chooses to become an applicant. It seems to me that in the rule that a small portion of 0 street may be closed up by tackinu the District of Columbia there is a close corporation so far as this lit on to au appropriation bill, then the Appropriations Committe~ police force is concerned. Under an enforced construction of this Jplay tack on their appropriation bill for the District of Columbia the statute the commissioners of the District of Columbia have made a wacv.tio~ of the whole of 0 street ft·om one end to the ot.her 6f that regulation ·by which a man who is an applicant for a position on tho 3806 CONGRESSIONAL RECORD-HOUSE. MAY 10, police force is required to be a resident of the District for two years. what they are not authorized to do-to make an ordinance that a In other words, they say they want an efficient police force under man before he can be an applicant for a place on the police force this demand for a good local government; and yet, in the discretion shall be a resident of the District for two years. which they claim under this section of the statute, they have seen The CHAIRMAN. The Chair is ready to decide thelJOint of order. proper to put up a bar against the whole world except the floating It is impossible for the Chai/ to understand the exact legal status of lJOpnlation of the District of Columbia and the tramps of the regu the police force or the power of the commissioners in reference to lar Army. This class of the population is less calculated than any appointments on the force. But since the amendment in no way other to furni h a vigorous and efficient police force for the District. affects the money objects of the bill, the Chair prefers to sustain the Mr. TOWNSHEND, of lllinois. I would like to ask the gentle point of order on the ground that the amendment is not in his judg man a question at this point. ment a provision that tends to retrer:.ch expenditure, while it must :Mr. JACOBS. Certainly. be a provision that the gentleman from New York introduces for Mr. TOWNSHEND, of Illinois. I desire to inquire of the gentle the purpose of effecting a new regulation or a change of eri ting man if he is of the opinion that out of a population of nearly 180,000 law. The Chair sustains the point of order. people a sufficient number o.f able-bodied men cannot be found here The Clerk read the following paragraph, under the head "public to perform the police duties required for this district¥ schools:" Mr. JACOBS. In :r:eply to the gentleman from illinois, I would For officers: For one superintendent, at $3,000; one superintendent, at $2,25 Mr. HISCOCK. I do not desire to make a point of order on the Mr. HOLMAN. I ask the gentleman from New York whether he· amendment, because I will say in all frankness that I believe the ilid not state that since 1869, when the present arrangement was amendment which the committee has brought in here is subject to a made, the salary of this superintendent had been a specific sum, and: point of order. that now the proposition is to go beyond that sum f Mr. BLOUNT. I was going to ~ay that I desire to raise a _Point of Mr. HISCOCK. Yes, sir. order on the increased compensatiOn proposed by the comnnttee. The CHAIRMAN. The Chair did not so understand. Mr. HISCOCK. I will not make the point on the amendment to Mr. HISCOCK. I wish to add a further statement. This question. increase the salary of the other superintendent, if the gentleman having been precipitated here, without my having had time to ex will fix the sum at $2,500. amine it, I now learn for the first time that up to 1874 the salaries. Mr. LYNCH. I will accept that suggestion. were fixed by some general statute; thatbythe actof June 20,1874, Mr. HISCOCK. Then I will not make the point of order against they were reduced a certain percentage; that subsequently each, the amendment. · annual appropriation bill has contained an item in this language,. :Mr. LYNCH. The increase, then, will be in proportion. fixing the salary of this officer at $2,700 : "For one superintendent, The CHAIR}IAN. The question is, then, upon the amendment of at $2, 700." · the gemleman from Missjssippi, [Mr. LYNCH,] to strike out" $2,250" !.Ir. BLOUNT. Whatever may be the rule applying to officers of· and insert'' $2,500," as the salary of the seco.H.d superintendent. the departments applies also to officers of the District of Columbia •. Mr. HOLMAN. If t,hat is subject to a point of order I desire to It is within the memory of the Chair that only in the last Congress. make it. I make the point of order upon any proposed increase of were the appropriations for the District incorporated into a separate salaries in this bill. If this is a proposed increase, I make a point bill, the officers provided for standing in the same position as officers of order at:rainst it. of the several depa.rtments of the Government. Now, in reference The CHAIRMAN. Will the gentleman from Indiana state the to officers in the several departments the Chair will remAmber, as grounds for his point of order¥ will other gentlemen who have served in previous Congresses, it has Mr. HOLMAN. My point of order is this: I understand from the been uniformly held that a proposition to increase the amount of any debate (I have had no opportunity to examine the law) that the salary in any department of the Government was a change of exist salaries of these officers are fixed by law. - ing law, and so.far as I recollect such propositions have been ruled Mr. HISCOCK. It is too late for the point of order to be made out with perfect uniformity. .At one time, when reductions of the against the provision in the bill. salaries of certain officers in the departments were made, it was . Mr. McMILLIN. The gentleman from Georgia [Mr. BLOL'NT] re claimed that the appropriation bills, while reducing the amounts... served the point of order on the bill. appropriated, did not change the law at all. This was claimed by Mr. HISCOCK. The gentleman from Georgia will always take certain employes in the departments, and was also claimed in some care of himself and his own rights. instances on this floor. But the law officers of the departments have The CHAIRMAN. The gentleman from Indiana [Mr. HOLMAN] uniformly ruled that those reductions in an appropriation bill were makes 3t point of order upon the proposed amendment. The Chair the law as to the salary, and have uniformly refused, as has Con desires to ask the gentleman from New York [Mr. HISCOCK] ifthere gress, to recognize the opposite doctrine. The rulings in the depart is any law fixing the salaries ofthese superintendents¥ ments and the rulings of chairmen of committees of the whole on Mr. HISCOCK. I am not aware that there is anything in the various appropriation bills are all to the effect that there can be no organic act of the District that fixes the salaries; but each annual increase over the amount previously appropriated for these officials appropriation bill from that time to the present has fixed the salaries without a change of existing law. of these superjntendents at certain amounts. I think gentlemen on the other side of the House will find them The CHAIRMAN. Is there any provision of law which says that selves very much embarrassed if the Chair should now adopt a dif the salaries of the superintendents of these schools shall be a certain ferent ruling from that which has uniformly been made upon this sumT point; for if these previous rulings should now be departed from, it Mr. HIS~OCK. Thisi~t~elan~age, "foron.esuperintendent" so will be perfectly competent to increase upon appropriation bills tM much, which, I suppose, 1s mtenaed to ·cover his salary. salary of every officer in every Department of the Government, one Mr. HOLMAN. How much t of the very things which the existing rule was intended to avoid. Mr. HISCOCK. Three thousand dollars, $2,700, or any other sum. I trust, therefore, that if the ruling on this question is to be changed The CHAIRMAN. That has been in an appropriation bill 'I it may be done with deliberation. Mr. HISCOCK. In all the appropriation bills. Mr. HOLMAN. 1\Ir. Chairman, I have before me the District a{~- The CHAIRMAN. The Chair overrules the point of order. propriation act of the last session, in which I find these items: Mr. HOL~IAN. Do I understand the gentleman from New York to For one superintendent at $2,700. say that the proposed amendment does not increase the salary of this For one superintendent, $2,250. officer above that in any former appropriation billY As I understand from the gentleman from New York, these have The CHAIRMAN. The Chair did not understand the gentleman been the sums heretofore appropriated under existing law for thefie from New York to make that statement. The Chair holds that un two officers. Now, the question of order is, can these salaries b'e less there is some law applicable to the District which specifically increased as proposed f defines the salary of the superintendent of public instruction at Mr. COBB. I think I can state the facts in regard to the law in a certain sum, the Chair will hold that when the Committee on this case. Formerly there was a law allowing to the superintendent Appropriations bring in a bill they are at liberty to recommend the a salary of $3,000. In 1874, if I remember rightly-! am in some appropriation of any sum they please for the purpose, and it is only doubt about the date-a law was passed reducing various salaries 10 for the House to determine upon it. An appropriation bill dies with per cent. The second superintendent had been entitled, under the · the current year. There must be some law applicable to the District general law, to $2,500, which, by this reduction, was brought down of Columbia, as there is to the different Departments of the Govern to $2,250, while the salary of the other superintendent was reduced ment, fixing the salaries of these officers, or elee it is dependent simply to $2,700. Since that time the salaries have been appropriated for · upon the vote of the House. upolol the basis of that reduction. Mr. HOLMAN. I must respectfully appeal fr·om that decision of Now, if I may be permitted a further remark which I know is not the Chair. legitimate in connection with the point of order, I desire to state· The CHAIRMAN. The gentleman from Indiana appeals from the that Mr. Wilson is one superintendent and Mr. Cook the other, the · decision of tlte Chair. former the superintendent of the white schools, the latter of the· Mr. HOLMAN. And·! desire to state the ground of my appeal. colored. Mr. Wilson this year has under his charge 14,321 pupils I understand the Chair to decide that where no law fixes the salary actually in attendance at the public schools; whereas 1\fr. Cook has. of a given employe of the Gove.rnment, each succeeding Congress under his charge only 6,445 pupils. Now if the number of pupils may increase or diminish his compensation as it may think proper. under the charge of these respective commissioners may be taken as . The salary of this officer has heretofore been $2,500, since 18G9 when an indication of the labor performed by them, it will be seen that the office was first created. The Chair1 as I understand, holds that their labors are very unequal. Besides, Mr. Wilson, whose sa,lary it it may now be increased to the sum ot $3,000 by the simple act of is proposed to raise, has charge of the schools outsido of the city, in< the House, although no law has fixed $3,000 as the compensation of the rural portion of the District, in addition to the 14 321 pupil.s in this officer. If that is tho ruling of the Chair-- the city. 1 The CHAIRMAN. The declaration of the Chair was that unless It occurs to me, therefore, that his duties must necessarily be more· there was some provision in some preceding bill specifically fixing onerous than those of Mr. Cook. Whether these salaries are too the salary of this superintendent the Chair was unable to determine high or too low, there is certainly inequality in the amount ofla.bor · what the law was, and therefore would hold that the salary could performed without any corresponding diiference in salary. When be fixed at any time by Congress. If there is any law or statute by there are in the one case 14,321 pupils as against 6,445 in the other, which the salary has IJeen fiXed specifically, then of course the Chair the amount of labor performed by these commissioners must cer would hold that an increase of such salary would be a change of tainly be very different. One has twice as much to do as the other. la~ · If inquired into, I think it will be seen that Mr. Wilson now performs :Mr. HOLMAN. The gentleman from New York stated, as I under 'more than twice the labor performed by Mr. Cook, because he has stood, that the appropriation had been heretofore a specific sum, and more than twice the number of children under his superintendence that it is now -proposed to increase the amount beyond that sum. and care. · The CHAIRMAN. The Chair did not so understand the gentle The CHAIRMAN. The Chair desires to say on this matter, that if· man from New Yo1·k. it were true, as it was declared, that there had been no office created, . :3808 CONGRESSIONAL RECORD-HOUSE. 1\iAY 10, and there was no law upon the statute-book regulating and defining The Clerk read as follows : the duties and compensation of this office, ant! tha.t this was simply PrCYOided further, That no more than the market prices shall be paid for fuel an employ6 provided to be paid from year to year in the discretion and all bids above the market price shall be rejected. · ' of Congress, that it was simply provided in-a clause of an appropri ation bill for an office the duties and compensation of which were Mr. IDSCOCK. There is no objection on the part of the commit not set out in any law upon the statute-book, then the Chair would tee to that amendment. hold it was precisely like other items in this bill, and particularly Mr. BLOUNT. I would like to ask my friend from Ohio if there . such as relate to charitable institutions, where in one year allowance is occasion for that amendment f is made of ,000, in another 10,000, and in another$7,000. In that Mr. 1\TEAL. I will state, Mr. Chairman, to the committee thlt . case it would be entirely competent for the committee and the House when it was reported to the House by the commissioner that there -to change the amount of the appropriation; and so if these officers was a deficiency in fnel I inquired as to the price they had been paying to which special reference is now made were in a like condition, then for it. I was informed that there were but two bidders under the ad it would be competent for the committee and the House to change vertisement, and that the sum paid was between six and sevt!n dollar :the appropriation in reference to them. a ton for coal. I saw subsequently a private party who buys largely The Chair, however, has been informed since the point was :first of the same class of fuel, and I was informed by him that he hacl made that there is a law on this subject :fixing the salary of this par paid but little over :five dollars a ton, which was the market price. -ticular officer and defining what shall be his duties. Therefore, if The commissioners were compelled by the law to accept the lowest the o-entleman from Indiana will withdraw his appeal the Chair will bid which was offered, and there being no other bidders they hacl to 1·ecall his previous decision and rule on the subject in view of the accept the lowe t of the two, which was from a dollar to a dollar -new light thrown upon the.subject. and a half 1.0.ore than the market price. Mr. HOLMAN. I withdraw my appeal. The amendment wae agreed to. The CHA.IRMAN. The Chair then modifies his decision, and rules, 1\fr: KETCHAM. I ask consent to go back to page 21, line 493, as the point of order has been made, that any increase of the amount and msert, after the words" three thousand," the wox·ds, "eight provided by law for this salary mustoe stricken out. hundred;" so as to read ''three thousand eight hundred dollars;" Mr. HISCOCK. That reduces the salary of the superintendent which makes its conform to the existing law. U:rom $3,000 to $2,700, as I understand it. · The amendment was agreed to. The CHAIRMAN. It reduces it to whatever amount is provided 1\~. KETCHAM.. If necessary, I shall move that the aggregate •for by law at this time. footmg up of the bill be changed to conform to this amendment. The Clerk read as follows : The CHAIRMAN. The necessary correction will be made in the For addition to school-building on site o-.vned by the District near Howard Uni aggregate of the bill. versity, to be completed by the 1st day of September next, $3,000, or so mnch thereof 1\Ir. YOUNG. I ask con ent to go back to line 353, with a view of . a.s may be necessary. offering an amendment. Mr. COBB. I move to add the following proviso: Mr. IDSCOCK. Let us know what the amendment i . .And from and after the 15th day of Jnly, 1882, the board of school trustees of Mr. YOUNG. It is on the item of forage . the District of Columbia shall consist of rune members only. Mr. BROWNE. I object. :Mr. BLOUNT. I hope the objection will be withdrawn, for it is Mr. HISCOCK. That provi o is accepted on the part of the com apparent from the statement which has been made on this floor that mittee. a considerable sum over the market price has been paid for fuel. The amendment was agreed to. Now, if that be the case, and if the gentleman desires toin>estia-ate The Clerk read as follows: another question where the same pnnciple may come in, I hop~ he MISCELL..UiEOUS EXPENSES. will be permitted to do so. If there is any improper administration For repairs of hay-scales, $500; for rent of District offices, $3,600; for general we ought to know it. , advertising, $5,000 ; for books for register of wills, printing, checks, damages, and Mr. CHAIRMAN. Is there objection to the request of the gentle miscellaneous items not otherwise provided for, $3,000 i in au, $12,100. man from Ohio to go back to the line which he has indicated for the :Mr. YOUNG. I wish to call attention to an item in this paragraph purpose of offering an amendment f which certainly needs some explanation. Two hundred dollar was There was no objection. . appropriated in 1881 for the repair of hay-scales, and now in this bill Mr. YOUNG. The bill~calls for "forage, 7 000." La t year the we have au appropriation of $500 f.tlr repairs of hay-scales. I want amount appropriated for this purpose for the thirty-five horse to know where those hay-scales are located and how many are appro belonging to the :fire department was only 4,500. priated for. The CHAIRMAN. Does the gentleman de ire to offer an amend- The CHAIRMAN. \Vhat amen4ment does the gentleman move Y menU Mr. YOUNG. In order that I may have some explanation of this Mr. YOUNG. I do. matter I will move to strike out the words "for repairs of hay-scales, The CHAIRMAN. The gentleman will ubmit his amendment. 500." Mr. YOUNG. I move to strike out " 7 000" and insert "$4 500 ·" Mr. HISCOCK. I can only say, 1\Ir. Chairman, in answer to the so that if amended it will read "forage, 4,500." ' ' gentleman from Ohio, that this item has been provided for in all pre :Mr. HISCOCK. Mr. Chairman, I will stateto the gentleman from ceding appropriations for the District of Columbia. Ohio-- Mr. BRIGGS. If it is not necessary is it not time to leave it out 7 1\fr. YOUNG. I believe I have the floor in the ftrSt place on the Mr. IDSCOCK. It is regularly estimated for, and comes to the amendment. Committee on Appropriations, not only indorsed by the commis Mr. IDSCOCK. Certainly. . sioners of the District of Columbia, but by the Secretary of the Mr. YOUNG. I understand there are thirty-five horses only in the · Treasury. service of the :fire department of the District of Columbia. Now, it I can say that the sub-committee did not visit these hay-scales, iB estimated that the necessary forage for thirty-five horses, at a . and therefore are not able precisely to locate them. Nor did they cost, we will assume, say of eighty cents per bushel for corn and investigate as to how many this particular item includes, relying as twenty dollars a ton for hay, which is about the market price, will ·they did on the correctness of the estimates. The committee have consume the amount here appropriated. Upon that ba is of cost for . no reason to believe it is not entirely proper and that the sum here :fifty-two weeks of the year the total amount would be only about ·provided is not absolutely necessary. four thousand two •hundred and twenty-two dollars. Surely, corn Mr. YOUNG. This appropriation for repairs of hay-scales seems to can be purchased for eighty cents a bushel, and hay for twenty dal ·me to be an exorbitant charge. I do not know how it is iR the District lars a ton. Nowi why the committee ask for $7,000 for this purpo e . of Columbia, buttheFairbanksBrothers, whomanufacturethesehay- is what I would ike to have explained. 13cales, will put up a new hay-scale in Cincinnati for $250, and inNe Mr. BLOUJ\"'T. Will the gentleman permit me to make a ugge - braska or Kansas for $275. It does strike me, therefore, that $500 tion for the repairs of hay-scales here is too much. It is about twice :Mr. YOUNG. Certainly. .and a half as much as hay-scales can be furnished bf" the manufac- :Mr. BLOUNT. Would the gentlema,n be willing to incorporate an t-urer. amendment similar to that offered by the gentlema.n from Ohio in .. Mr. HISCOCK. Th~re are :five or six of these hay-scales main relation to coalY Would it not be satisfactory that all supplies shall be purchased at market prices Y · tained in the city1 one I believe in every market; and this item is to provide for therr repair. ,. Mr. YOUNG. I do not understand how the question of coal can :rtfr. PAYSON. Has the appropriation been sufficient heretofore Y apply to this one of forage. Mr. HliCOCK. It has. This is an annual appropriation which ~fr. BLOUNT. I mean with reference to the purchase of forage :has been ~ept all along for repairs for these various .hay-scales. that it shall not exceed mMket prices, the same limitation as was The CHAIRMAN. The question is on the motion of the gentle put on the purchase _of fuel. _Jnan from Ohio, to strike out the item providing for the repair of l\IESSAGE FRO'!I:t: THE SEXATE • .}.l.ay-scales, to which he has referred. The motion was not agreed to. The committee informally rose, and the Speaker pro tempore re • Mr. NEAL. I ask consent of the committee to go back to page sumed the chair. ·as, line 431, and insert t~ amendment which I send to the desk. A message from the Senate, by Mr. SYMPSON, one of their clerks, The CHAIRMAN. \V1thout objection, the amendment will be announced that the Senate had passed without amendment a bill ~read. (H. R. No. 869) for tke relief o.f Thomas J. Wharton; also that the 1882. COKGRESSIONAL R.ECORD-HOU E. 3809 'Senate had passed a bill (S. No. 1604) toe tablisb an as ·ay office at appreciate the physical power~ of the man, or the noble qualitie of Deadwood, in the Territory of Dakota, in which the concurrence of the horse. :the House of Representatives was reque ted. It ha been stated by the chairman of the committee that the ap propriation last year for thi purpo e was $4,500, and there wav a DISTRICT OF COLCMBIA APPROPRIATIOX DILL. deficiency, I believe he states, of $3,500. The committee resumed its session. Mr. HISCOCK. Nearly that. :\fr. YOUNG. Now, 1\fr. Chairman, I have estimated the cost of l\lr. SPEE·R. So that the appropriation of $7,000 for this year does 'keepinO' thirty-five horses on the basis of the army ration of four not amount to the appropriation for last year aml the deficiency, teen po~nds of corn and twelve pounds of hay. In relation to the which was necessarily voted. I think it would be the worst form of price of corn, I will say tha.t the calculation I have made was on economy to cripple in any way the efficiency of that splendid de the basis of eighty-five cents a bushelinstead of eighty cents; eighty partment, and thus weaken its ability to protect the prOJ)erty of the ftve cents being the market price in New York to-day, and hay520a Government and the lives and property of our citizens. ton. At that rate$4,200 would be enough to feed thirty-five horses for ~fr. BLOUNT was recognized. ·one year, but I am allowing by this amendment $4,500. And I would ~fr. YOUNG. I asked permi ion a moment ago to ask the gentle like to know why the bill has been pre en ted to us allowing $7,000 man from New York a question. for forage. My objection is that it calls for 2,500 more than is ab- The CHA.IR1UA.N. The Chair will recognize the gentleman from olutely necessary, at high rates, to feed the thirty-five horses. If Ohio before the Yote is taken. the gentleman from New York has any explanation to make on that · Mr. BLOUNT. I trust the chairman of the committee will agree .subject I will be glad to hear from him. to the amendment of the gentleman from Ohio [Mr. YOUNG] with 1\fr. IDSCOCK. All I c:m say in the way of Elxplanation or reply an additional amendment such as is offered by the chairman of the is this: to start with, I am not aware that thirty-five is the maxi Committee on the District of Columbia in reference to coal. I think mum number of horses there. I say frankly that I did not investi it is but reasonable, and I am quite sure that the gentleman from gate to learn wheth~ there were thirty-five or forty-five. New York is ready to agree to anything that is reasonable. Mr. BLOUNT. I would ask the chairman of the committee how Mr. HISCOCK. I am entirely willing to accept the amendment much was given for this purpose in the last billY of the gentleman from Ohio, [lli. NEAL.] I ani unwilling to accept Mr. YOUNG. Four thousand five hundred dollars. the amendment of the gentleman from Ohio, [Mr. YoUNG.] ~fr. IDSCOCK. I desire also to say that this keeping of horses is Mr. BLOUNT. 'Ve have just had a statementinreference to coal let by contract twice a year to the lowest bidder. Proposals are ac that under the law the contract for coal was let to the lowest bidder cepted, the lowest bidder receivin~ the contract for the support and and that more than a dollar a ton above the market price had been maintenance of these horses. It 1s an open competition. And at paid for coal. the contract prices, with the contract ..advertised and let, as I have The chairman of the Committee on Appropriations, recognizing the said, twice a year, there was a deficiency this year of I think $3,000. fact that there is some difficulty about the matter, says to this com The amount we haye provided for in this bill is substantially the mittee, ''I have not heard anything about it until to-day, and tha appropriation of last year, with the deficiency which we are going was in private conversation." Now, I want to say to my friend that to provide for. the gentleman from Indiana, [1\Ir. COBB,] who for several years has Mr. BLOUNT. I know the chairman of the committee desires to had charge of this bill, has investigated this very item of coat, and do whatever the interest of the Government may require; and! ask finds that what the gentleman states is a mere matter of rumor is a him if it is not true a to coal that coal was let out to the lowest matter of absolut,e verity, and that there has been paid for coal, as bidder, there being but two bidders, and that the Government paid alleged here in debate, an amount which was above the market price_ a dollar a ton, or at a.ny rate some amount considerably over the mar And I want to say to my friend from New York [Mr. HISCOCK] ket price, and that if there was a deficiency that is the explanation that the chairman of the Committee on the District of Columbia, for that deficiency And I ask him further if that is not the identi [1tfr. NEAL,] who is presumed to be more familiar with local matters -cal state of fact in relation to the item of forage f here than any other gentleman on this floor, except perhaps hi col Mr. IDSCOCK. If there i such an explanation as that I do not leagues on that committee, bas informed this House that that tate know it. For the tirst time I have heard that stated in private con ment is actually true; and in reference to his statement we have versation on this :floor to-day. But, sir, I know that statements of agreed without any dissent to an amendment offered by him, tha that kind are sometime loosely made, and how much reliance can while contracts for coal shall be let to the lowest bidder hereafter. be put upon them the gt>ntleman from Georgia can judge as well as it shall be with the understanding that even then there shall be no myself. excess paid over the market price. Mr. BLOUNT. If the gentleman will allow me-- We now come to the proposition of the gentleman from Ohio, [Mr. Mr. HISCOCK. If the gentleman will allow me one moment, I Yomm.] He tells us that the same state of things exists in reference wish to say the most that Congress can do 111 reference to this mat to the horses of the fire department. We appropriated la t year the ter is to surround the administration of these Departments with all sum of $4,500, about the amount usually appropriated heretoforE~, the safeguards possible; and that has been done in every conceivable and we are now told t-hat there was a deficiency. You are told that .case where supplies are purchased. Where there are large quantities while the contra.cts ha\e been let to the lowest bidder they have purchased the law, as I tmderstand, provides they are to be pur been far beyoml what private parties in the District are obliged to chased under contract, the contract to be awarded to the lowest pay for like services. That being true, then of nece sity this defi l>idder. ciency ought notto have ari en; of neces itytbis estimate based on Mr. KETCHAM. That is done in all cases. this defect in the law is excessive. Mr. HISCOCK. That, we are informed,hasbeendone, and upona I hope that my friend from New York will· agree to a reduction of mere a. ertion being made here on the floor that there was collusion, the sum here proposed, with an amendment such a that proposed •or fraud, or more paid for coal than ought to be, we cannot change by the gentleman from Ohio, [Mr. NEAL,] and let us test the matter -an appropriation bill. We have got to give enough to give effect to in that way. 'Ve will be back here next winter. the law, we have got to give enough to administer the Government Mr. HISCOCK. I would like to inquire of the gentleman from .under the statutes which have been enacted. Geor~a [Mr. BLOUNT] if he has made a computation upon the basis ·we know that these are large horses, and I have no doubt they of thirty-five horses, and knows how much per horse it ":"ould be f -are kept up to the highest point in the most expensive way to secure Ml·. BLOUNT. I want to say to the gentleman that I did not make their highest efficiency; and it is very likely they are supported any computation about coal, and I have not made any about horses. more expensively than Army horses are. I do not know how that But the gentleman from Ohio has stated that he has made a compu may be. I only know thi , that under contracts which have been tation, and that being the case, unless the chairman of the Commit matle in accordance with the existing laws we have recommended tee on Appropriations will state that he has investigated the matter ibis appropriation. and finds a different result, I think it is right to accept an amend ~fr. YOUNG. I desire to a k the gentleman from New York a ment making the appropriation for horses the same as has been ·f!Uestion. allowed heretofore, and which I think is ample. · The CHAIRMAN. Debate on the pending amendment is exhausted. 1tfr. CAMP. I desire to inquire if there are thirty-five horses in Mr. SPEER. I move to strike out the last word. this District employed in the fire department, and $7,000 in money I think the House can better afford to strike out other appropria appropriated for their keeping, is not that at therateofjust $16.G6j tions rather than to reduce the appropriation for the very efficient per month for each horse, and does it not cost private parties in any .fire department of this city. I live near one of the engine-houses, stab-le in this city for the boarding of a horse from $20 to 30 per .and it has been my pleasure to carefully examine the workings of month f . the department. One of the foremen informed me that with the best 1tfr. YOUNG. That is true; but I would say-- care that could possibly be taken of the large and fine horses used Mr. CAMP. And I would also ask the gentleman if he has not -on the engines they lnstccl on an a\erage only three years. This is left out of his calculation the expenses of grooming, &c. f .not remarkablo, for the horse, like the fireman, must do rapid and Mr. YOUNG. One question at a time. dangerous work. It would astonish gentlemen to know how almost Mr. CAMP. You might as well take the two together. instantaneously after the first stroke of the fire-alarm is given that ~fr. YOUNG. The gentleman forgets that we pay $6,400 in addi 'these gallant firemen are dashing out with the trucks andenginesin tion to that amount for hostlers to take care of these horses. the direction of the fire at the full speed at which their horses can 1\Ir. HISCOCK. How many hostlers are there f .take them. Sir, it would excite the admiration of any man who can l\fr. YOUNG. There are eight of them at · 00 a year ea.ch. Now XIII-239 3810 COXGRESSIONAL l{ECORD-HOU~ E. MAY 10, let the gentleman add that amount to the amount for keeping, and :United State. . ). such requisition pecifyingt.heappropriation upon which thesamo- allow for stable-room and care of all kinds, -veterinary sm·geons, &c. 1 tlrnWll; l!-ntl m no ca:e shall uch appropr~ation be exceeded either in requisition ox: e~en<:Uture ; and the accounts for all disbursements of the commissioner oi "There is no way of estimating that at all; it is simply absurd to sru.(l D1stnct shall be made monthly to the accounting officers of t!Je Treasury by attempt to e timate it. tbe auditor ~f the District of C?lumbia on v~uchers ~r~ed by the commis ioners, The gentleman from New York [:Ur. HISCOCK) said that he did not a~ :now reqmred by law : !'r?vided, That s:ud cornm1s 10ners o~hall not make requi Sitions upon the l!-ppropnations from the Trea nry of the United State for a. know how man;y hor e the District owns. If he will turn to parre larger aruountdurmg any fiscal year than they make on tbe appropriation arisin·• 64 of the report of the commi ioners ofth e District of Columbia i~r from the re>ell;~es of aid Dis_trict, inclmlin.g one·b~ of all general taxes paid~ the year 1 ' · 1 he " ·ill find exactly how many horses there are. There drawback certificate a reqmred by the third section of the act approved ,June "27 are thirty-two horses in serYice and three not in service. · 1879, entitled " An act fi~g.th e rate of interest upon arrca~ge of~e n e r a l taxc.' and a se me~t. for pec~al 1mpro>ement now due to the District of Columbia, No"W look at the figmes for keeping these horses. As estimated by and f department, and whether there cannot be some economy practiced back to a part of the bill ''hich bas been pas ed, in order to offer ~n in rerrar(l to it. amendment. · Take an Army horse. The ration of an Army horse is judged to be Mr. KETCHAM alllll\Ir. BROW}.~ objected. sufficient by the be t judges of ho1·ses ill the world; and they do not 1\fr. YOUXG. I cannot understand why objection should be maue get in the field half the ration that i allowed by law. An Army to any member on the floor t.J:ying to amend this bill. hor e is allowed to draw fourteen pound of corn and twelve pounds l\1r. BLOlTh"T. I would suO'gest to the gentlemanfrom l\ew York of hay each day. Now I ventme to ay that there is not in the fire [Mr. KETCHA.'\I] that his bill has been subjected to very littl criti department to-day in the city of Wa hington a horse that gets that ism, and be should not object to hearing the amendment. amount of feed. Where does it go to f l\~r. YOUNG. :rhe bill was read very rapidly, a~d I had no OJ1por In the fir t place, the Di trict comrui ioners have no right to tunlty to offer thi amendment. I must vote agam t the bill unle s spend one dollar be;tond the appropriation vf 4,500 which was made we arc allowed free opportunity to discu s and amend the different for this purpo e. In the second place, the Committee on Appropria items. · tions has no right to smuggle in this bill an appropriation of 2,500 TJ;le CHAIR?I~N. Is there objection to going back to a previous. more than the actual cost of keeping these hor ·es in Washington. sectwn of the bill, a proposed by the gentleman from Ohio ' Mr. HISCOCK. I do not under tand that my colleao-ue [:\lr .. TheCHAIR:\!AN. Thetimefordebatehasexpired. The question 0 is upon the motion of the gentleman from Ohio, [Mr. Yomw,] to KETCIIAM] has withdrawn his objection. strike out ".·7,000" and insert " 4,500" in the pending para!ITaph. Mr. BROWNE. How often is it nece ary for a gentleman to say .Mr. HISCOCK. I certainly hope if the reduction is made the law that he objects f • will be amended in some way o as to get rid of the contract system. The CHAIR~IAN. Doe the gentleman from Indiana objectf I am entirely willing that we shall provide for the keeping of the e 1\fr. BROWNE. I do, most distinctly. horses b:y contract with the lo"West bidder; but in my judgment the The CHAIRMAN. The request of the gentleman from Ohio result Wlll be a blow at the fire department, which is very sensitive objected to. when you make this reduction. 1\fr. KETCHAM. I move that the committee ri e and report the bill The question was taken upon the amenument of :Mr. Yo xG; and to the Hou e with a recommendation that it be pa sed as amended_ upon a division there were-ayes 26, noes 36. Mr. KLOTZ. I intended to offer an amendment to line 5 in refer So (no further count being called for) the amendment wa not ence to the water department; but on the suggestion of the Chair agreed to. man that the bHl be read through I withheld the amendment. Mr. NEAL. At the uggestion of the chairman of the sub-commit 1\lr. KETCHAM. I insist on mv motion. tee, and by consent of the chairman of the Committee on Appropria Mr. HOLMAN. I submit that the last paragraph of the bill is till tions, I ask permi sion. to modify the amendment which I offered to open to amendment. So Ion~ a any gentleman de ires to u bmit an come in after line 431, and to transfer it to the bottom of page 21. amendment to that paragraph it is certainly in order. The modified amendment I send to the Clerk's desk. The CHAIRMAN. The gentleman from NewYorkhasmoved that The Clerk read as follows· the committee rise and report the bill. 1\Ir. HOLl\lAN. But a motion to rise and report the bill cannot Provided, That in the purchase of all articles provided for in this bill no more than the market price shall be paid for any such article, and all bids for any of deprive any member of the right to offer an amendment to the la t such articles abm·e the market price shall be rejected. paragraph. If the motion could have that effect, it might be made· in tantJy on the reading of the last paragraph. There was no objection, and the amendment was modified accord 1\Ir. HISCOCK. The motion to rise an The SPEAKER pro tempo1·e. \Vithout objection the re ~ olution will clared that her 1·ecognition of belligerency was premature and le be refened to the Committee on Accounts. gally blameworthy, and had contributed to our di aster. Durin):! ail There was no objection, and it was so ordered. the diplomatic correspondence on the subject we insisted upon that WICKLIFFE COOPER. with iteration upon ·iteration. When Reverdy Johnson was min ister to England he conclndecl two conventions to settle these claim , 1\lr. BLACKBURN", by 1manimous consent, introduced a joint re - which in the meantime had been filed in the Department of State hy olutiou (H. R. Ko. 20 ) correcting the military record of Wickliffe each person who thought he had a claim. • Cooper, deceased, late major Seventh Cavalry, brevet colonel United The first convention, which was known as the John on-Stanley States Army ; whlch was read a first and second time, referred to the convention, simply provided for a settlement of private claims, indi Committee ou 1\lilit:n~· Affairs, and ordered to be printed. vidual claims against Great Britain; it provided that a commission . I'LATE-PRIXTIXG I'RE ~ SES 1 TREASC'RY DEPA.llT)IE:XT. should be formed, which should settle and dispose of the indhidual Mr. FLOWER, from the Committee on nanking and Currency, claims. That conyention was rejected on account of some criticism reported the following resolution; which was read, con~idered, and as to its det::ills made Ly the Secretary of State. agreed to: Thereupon, a month or two afterward, a new convention, called the Resolved, That the Secretary of the Treasury be, and he is hereby. requested to Johnson-Clarendon connntion, was accepted by the Secretary of report to this Honse, in addition to the information already requested of him in State, after having been negotiated by our minister and the British the matter of work done on stoam.power plate-printing presses in the Treasury minister of foreign affairs. That convention when it "·as submitte(l Department, the original estimate of the cost of said machmes n9w in nae, together with their actual cost ; a detailed statement of all repairs and all other expenses to the Senate, being simply a treaty for the settlement of individual thereon ; the number of such presses now in operation ; the number of impres cla.ims without taking into account any nationalloss, was rejected by sions printed on the several presses during t.heir operation up to date, and the the Senate, and rejected npon two grounds: first, that the conven actual cost of such work from every cause; together with copies of all official re tion contained no apology for the conduct of Great Britain, which ports made on said presses priol' to and since their introduction tot he Department. w-e deemed un uitable, which we deemed violative of our honor as a COIDIOX PRDIE :MERIDIA....~. nation; and second, be'cau e it coutaine(l no proposition to submit :Mr. FLO\VER, by unanimous consent, introdueed a joint resolu the claim as a, whole as a national loss to a tribunal for decision. tion (H. R. No. 209) to authorize the President of the United State The Senate rejected this by an overwhelming majority, and from that to call an.international conference to fix on and recommend for uni time there was an end of private claims as such pre ented by the versal adoption a common prime meridian to be used in the I'eckon Government of the United States. ing of longitude and in the regulation of time throughout the world; From that time on the history of the transaction is the history of which was read a, first and second time, referred to the Committee an affair between nations. It ceased to be an affair on the part of on Foreign Aftairs, and orclered to be printed. individuals against Great Britain and became an aiiairof the United GE:XEYA AWARD. Stat-es against the nation of Great Britain. In that state of affairs Great Britain sent some negotiators here to Washington and we sent Mr. REED. I mu t now insist on the call for the retiular order. plenipotentiaries here to meet them i. and those people got together I was perfectly willing to yield to gentlemen to a reasonable extent, and drafted a treaty, which was called the treaty oi 'Vashington, but I see the House is fairly bristling over with business, and I hope which was adopted finally J u.ne 27 1871. gentlemen will excuse me for not yielding any fu.rther. I beg That treaty of Washington, unlike those two convention which I therefore to call up the special order to whieh I have referred, the have described, was not an affair of individual claims. It was a Geneva, uward bill. broad national transaction. It contained iR it not only a pro·dsion The SPEAKER pro tempore. The Clerk will read the order of the that individual claims, outside of the Alabama claims, should be con House fixing the special order to which the gentleman refer . sidered by a separate commission, but it provided that the Alabama The Clerk: read as.follows: claims should be referred to a tribunal, and that that tribunal should .Resolved, That the bill (H. R. No. 4197) re-establishing the co art of commis· sioners of Alabama claims anti for the distribution of the unappropriated moneys be governed by three new rules of international law, which three of the Geneva award be taken from the Committee of the Whole and be considered new rules were thereafter to control the action of the United State in the House as in committee on Aprilll, and thence from day to day until disposed and of Great Britain in all future time, together with the action of of, but not to interfere with the revenue and general appropriation bills, the tariff· such nations as they pledged them elves to get to agree with them commission bill, and the bill referring private claims to the Court of Claims. finally if they could. · -Mr. CRAPO . . I desire to ask the gentleman in charge of thi bill The establi hment of the e three rules and the apology, which, I how much time he thinks will be occupied in the consideration of thi forgot to state, was also tendered in the treaty, and the provision that measure T I ask the question with reference to the bill which I pro the whole claim should be referred in bulk in a particular event to posed to insist upon considering as the next business in order. the tribunal at Geneva, was a transaction which was made all to Mr. REED. I am not able to state exactly, though I am in hope gether. It was a tran action which was one and the same; it wa, of being able to close tho matter to-morrow. I cannot answer more a transaction which was made as a whole; and whatever ad vantage defi.nite1v1 because the ~entleman from Georgia,, [Mr. HA~UIOXD,] the United States got wa paid for by compromise by the surrender represenhilg the other Slde, is not present j and it WOUld not be fail· of other claims and grounds of claim. Among other things which ·to say in his absence how much time will be consumecl in the dis- disappeared when that treaty was made was what was in the cor cussion of the matter. respondence during the war between the Secretary of State and the Mr. CRAPO. I wish to say when this bill has been brought to a British minister made the most prominent grOlmd for reclamation vote I shall demand the consideration of the bill to extend the char against Great Britain, namely, the declaration that we should hold ters of national banks. Great Britain responsible for a premature recognition of belligerency; Mr. REED. Mr. Speaker, it had not been my intention at the and it disappeared because' t}:le English Government declined, and present time to address the House on the subjectwhichisnow before very properly, t,o submit to any tribunal on earth other than their us. I intended to reserve what I desired to say for the close of the own government the propriety of recognizing belligerency. They debate; but it has been deemed best under all the circumstances that claimed that that was an attribute of sovereignty which no nation I should make a statement to tho House, explaining as briefly and had a right to question, and we were obliged to waive that. We simply as I may~e able all the views which are entertained by the waived it for the sake of making a treaty and as a part of the terms committee in re~ard to the distribution of the a ward which is covered which entered into the whole situation. by this bill. I snall not be voluminous in that presentation. I shall Such being the state of affairs, the tribunal at Geneva assembled, not deal very greatly with dates and figures, but shall endeavor to and there was presented before them a series of claims made up of present the great salient and important facts, together with the various items, every man in the United States presenting everything line of argument which the committee deemed necessary to fortify which he deemed to beaclaim,nomatterwhatitwas. Among those the conclusions to which they have come. claims were claims for the destruction of vessels ; and you will notice . 'While the facts connected with this a,ward are scattered over a that the claim for the destruction of vessels involved questions of testi large number of volumes, some E~ighteen or twenty, they are never mony as to how much property was destroyed; and among the ways theless in reality few in number so far as they a.re of controlling in of presenting it was a presentation of the claims of insurance com fluence ; and if the House will be kind enough to listen to me I will panies. But of course as between the nations the only question was endeavor to set them forth in such fashion as may aid their j udg how many vessels were lost. As to the price of them and how tho ment, if possible, and not becloud it. price was made up, that was purely and simply a question of evi It is perfectly well known that during the late war of the rebellion dence. Then in addition to that the nation presented claims for the a 'largo number of ships preyed upon our commerce which were fitted continuance of the war and for the enhancement of war premiums. out at British or colonial ports during the progress of tho war; and It also presented claims for the destruction of all property by all while those privateers were sweeping our commerce from the seas classes of cruisers. our Secretary of State and our minister to England made various Now, I want to deal with this subject fully and frankly. The tri representations and took various grounds, upon which they stated that bunal decided that the claims for enhancement of war prcminms they should ultimately cause reclamations to be made. But at the could not be recognized by it. It also decided that it would not con time we were in no position to insist on anything that might be sider the claims for the prolongation of the. war, and the United called our rights. States acquiesced in that. · After the close of the v;ar efforts were begun at once to repair what Now, let me call your a.ttentjon to the attitude of the Unitotl States we deemed t,o be our great injury resulting from the action of these upon this subject. The United States had established certain rules, cruisers. 'Ve charged UROn England that she was responsible for and it wanted those rules construed; but it did not want them con the devastation of our commerce whi<'h lk'ld been caused. We de- strued s~ as to hold us to a li:tbility of great damage in the future. 1882. CO~GRESSI0~..._<\.1 RECOllD-HOUSE. 3813 \Vby 1 Becan e the United States in the future wa O'oing to be a a large extent e caped. You may acceptor you may not accept the neutral power from its very situation. and hence the lJnited State argument made uy the Senator from Vermont, at a previous session did not desire to ha >e the e rules construed too harply against neu- of Congress, that it is the duty of Congress to protect American ship trn~ . ping on the eas, and that we can use this money for that purposo. If these rules hould be construed too hm·ply again t Great Brit· We proYide ne:s:t that the war-premium meu shall 1·eceive their ain, and we hould under that construction cret a million or more portion of this money. \\Thy do we o pro>ide. I will state the dollars, then the next time the discussion wouid come up on our lia argument which I use upon this suuject. When we made payments bilitie , an right in rejecting that claim, neverthele we would be perfectly British law that it neverprocededon suspicion, although this Goveru wrong in rejecting it, because thereby we hould do injustice to the ment had time after time given notice to her of the fitting out of sn:fferers. these vessels, of their leaving her shores to prey upon our commerce, Mr. Speaker, I am obliged by the attention which these facts have thus pre>enting our merchantmen from pru uing the avocation for received, and I hope they have been presented in such fashion as to which they were cle igned. lead your judgment to what seems to me to be the only reasonable At the close of ths war, after this Go>erument bad filed clailll8 conclusion, and that is that the principles of the bill of the majority again t the Government of Great Britain amounting to between which I have stated are sound and safe for this House to follow, not twenty-two and twenty-five millions of dollars-and I wmnot dwell in a matter of legal judgment, but in a matter oflegislation. [Ap upon this point, for you all know its history-came the question be plause.] tween the two nation as to the liabilities for these losses. It wa.· Mr. HmiPHREY. Mr. Speaker, in what I shall have to say on not a question as between a citizen or claimant against the Govern this question I shall attempt to show that the facts and principles ment, but as between two great nations as to whether the Govern . out of which these claims arose are entirely distinct from any other ment of Great Britain had exercised due diligence in preventing the class of claims ever presented for adjudication as between two fitting Her Brittanic ma,jesty has commanded her high commis ioners and pleuipoten· fund for any purpose what-ever; the Geneva arbitration would ha>~' ;tia1ies to declare that ner majesty's government cannot assent to the foregoing Tnle as a statement of principles of international law which were in force at the directed how it should distribute the fund. And because they dici time when the claims mentioned in article 1 arose, bnt that her majesty's gov not the minority report say you should send it to the Court of Claims; ernment, in order to evince its desire of strengthening the friendly relations be that the Court of Claims, according to equity and the law of nations, tween the two countries and of making satisfactory provision for the future. and under the treaty and award, may dispose of those claims and n!ITecs that in deciding the que tion between the two countries arising out of those cJaims, the arbitrators should assume that her majesty's government had distribute t.he fund. And if you get them there what will they undertaken to act upon the principles set forth in these rules. say Y Will they not say, "You, the Congress of the United States, And the hlgh contracting parties agree to ob erve th e rules a between them· send this amount to us and tell us totalte into account the question el>e. in future, and to bring them to the knowledge of other maritime powers, of the position of these claimants under the award and distribute ~nd to in>ite them to accede to them. this fund under the treaty, the award and the act giving us juris I desire for a moment to cull attention to this pa1·ticulur point : diction." At the outset the arbitrators stated to the Government of that these claims, generically known as Alabama claims, were to be the United States the claim it mane for indirect damages was a claim di posed of and decided with all claims and damages on the part of it could not sustain, because it was entirely speculative. That was the United States as the resulting damage done to this Government right. This Government never expected to get anything for indi by thi wrong which had resulted to her by reason of a want of due rect damages, but she pnt in her claim because she wanted not only .and proper dillgence on the part of the Government of Great Britain Great Britain should apologize to this Government for the great toward the United States. And I wish to state the proposition that wrong done but she wanted the question settled for the future, and, it nece sarily results that whatever sum this Government should ob as much for her benefit as for the benefit of any other nation, to tain as a result of this arbitr::ttion would be a sum in damage which have it determined whether indirect damages could in any case be should be paid to the United States as a sovereign power, without recovered as between two nations. reference to the question out of which tho e claims originated. To Then came up the question of fitting out our war ve sels for the sustain that position I shall cite article 12 of the treaty of Washing purpose of intercepting these confederate cruisers. Great Britain ton. Article 12 provides that e.-ery claim which a citizen of this said that that claim must be rejected, for the reason that thi Gov Government had against the Government of Great Britain, originat ernment was on a war footing and had to fit out these war .-e el , ing at the same period of time-I will read a small portion of the and the damage was not one for which we could recover. article: But the Geneva arbitrators said that as to the balance of these The high contracting parties agree that all claims on the part of corporations, claims, where the damage was actual, or where the damaze was .companies, or Jilrivate individuals, citizens of the United States, upon the govern· proximate, they would consider the claims. When they dee1ded to ment of her Bntanuic ma,jesty, arisin"' out of acts committed again t the persons reject the other claims, this Government gave notice to its counsel at -or property of citizens of the United §ta.tos during the period between the 13th of Geneva to apprise the arbitrators of the fact that we should insist April, 1861, and the 9th of April, 1865, inclusive, not being claims ~owing out of the acts of the vessels referred to in article 1 of this treaty, and au cla.ims, wtth that the award, whatever amount it might be, should be made to us the like exce-ption, on the part of corporations, companies, or private individuals, in gro s; because, mind you, it made but little difference to thi subject~ of her Britannic majesty, upon the Government of the United States, Government whether as a sovere~gn government it received one dol arising out of acts committed against the persons or property of subjects of her lar or none. Britannic majesty during the same period which may have been presented to either government for it interposition with the other, and which yet remain UD· The question at issue was whether Great Britain had committed. ettled: as well as any other such ctaims which may be presented within the time any wrong ; whether there had been a want of due diligence exer specified in article 14 of this treaty, shall be referred to three commissioners, to be cised by her; whether we were right in assuming the position we .appointed in the following manner, that is to say, one commissioner shall be named had taken, or whether we were wrong. That was the great question by the President of the United States, one by her Britannic majesty, &c. at issue between the two nations; that was the question to be set It has been stated that the class of claims which have been here tled, a question of far greater value than any number of millions of tofore settled between this Government and France and between this dollars that the British Government could be mulcted inasdamages Government aud the Government of Spain are in every respect simi to pay this Government. lar to this class which were thesubjectofthearbitraiionat Geneva. The result was this: when the Geneva arbitrators made their I have not the time to refer to the particulars under which those award they gave us a gross sum of fifteen and a half millions of dol claims were settled. Suffice it to say that in ea,'\h of t. hos~ cases it was lars. Now, the underwriters say to us-and I will say at the outset provided, as in the case with Spain, that the amount paid was on that I have no bias unless it be a legal bias against them; I want to a.cconnt of the citizens of the United States who have preferred claims. see right and justice done in this matter. If there is enough to pay Jn the case of citizens of the United States who preferred claims them, then this Government can do as it plea-ses. I shall never ob throuO'h this Government against France for losses incurred, it was ject to paying them upon any principle that will permit them to provia'ed the United States should distribute it among those entitled. come here and claim it as a matter of mere grace. But I hold that None of these cases resemble the one under discussion. every individual must claim as a matter of grace anything which It seems to me, 1\Ir. Speaker, there can be no dispute upon this the Government may conclude to pay him out of this award. point; that the amount allowed the Government of the United States No sovereign government, standing in the position we occupy in under the Geneva award was allowed for damages resulting- and due regard to this fund, can occupy any other legal position. If the GoY her a a great sovereign power, as ascertained upon the pnnciple of ernment is liable as a trustee of this fund, then there must be under the three rules. When the money was paid to her no one, so far as the law and the Constitution some remedy by which an individual .:my legal right is concerned, could ever call it in question. And yet who is entitled to the protection of this Government, it bein~ a tru - what is the fact, We find here in this case that when, und~r the tee for him, can compel the Government as a matter of moraJ..S and of act of 1874, a large class of claims had been dispo ed of in regard to equity to pay him, and to pay him as a matter of right and not as a the class of claims known as claims arising under the exculpated matter of grace. crui ers, losses sustained by the action of those cruisers, as in the Now, the underwriters say to us that when they paid the totallo -case of the Shenandoah before she reached Melbourne-we find it is of any vessel destroyed by the confederate cruisers they became ub claimed here they have no right to come in and claim· one dollar of rogated to the rights of the owners of the cargo and .-essel. Now, this fund; that this Government acted in the capacity of a trustee, what is the doctrine of subrogation f It is this: when a totallo .and that when she received this fund she received it as a trustee for ensues, and there is an abandonment to the underwriters, they take the the claimants. specific thing for whatever it is worth. Who committed this wrong? Let us look at this for a moment. It is a curious fact that the The English Go.-ernment. Who destroyed the property ' The con insurers, who were asking Congress to send this question to the Court federate cruisers destroyed it. Then what does the underwriter get of Claims to adjudicate upon the question whether they were enti under the doctrine of subrogation He gets the right only to pro tled to receive the amount thattheypaid in los es for war premiums ceed against that confederate cruiser who deotroyed the property in during the war-it is a curious fact that in order to sustain their order to get back the amount that he paid. position they are obliged to insist that this Go.-ernment acted in the The doctrine of subrogation cannot apply against England. The capacity of a trustee only in the disposition of this cruestion. Con man who lost the vessel ne.-er had any right against the English sequently, if it can, a a legal question, be ascertained that it did Go.-ernment. His property wa destroyed by confederate cruisers. not act in the capacity of a trustee, that it could not, as regarded The act they committed was a legal act, in that it was an act for t hese claims, act in the capacity of a trustee, then when they ask carrying on war. Therefore no man ever paid a war premium and you to bring to bear upon the question the doctrine of subrogation no underwriter ever issued one war risk upon the idea that they the doctrine of subrogation itself mu t f~ll to the ground with the could be subrogated. I say it i a natural consecruence that all they -other question of trn teeship. Let us look at it for a moment. Those became subrogated to was the right to pursue the engine, or the force, who advocate this view say this is a Go.-ernment of trust powers; or the power that destroyed the property, or tho e who directed it. that the people created this Government in trust fortheir own bene How is it in all the decisions involving the doctrine of subrogation T fit. If they did, then one individual is just as much a cestui que trust In case of willful or of gross negligence on the part of one >e el by .of this Government as anot.her. And when this Government went which another vessel is destroyed the right of action against the before the Geneva tribunal and allowed one class of claims to be vessel, if the owners «;>f the destroyed vessel abandon it aucl the under .adjudicatecl by that tribunal, and allowed itself to be non-suited a-s writers pay the loss, goes to the underwriters, wh9 become ubro to the balance, when it recei.-ed a sum in gross, as a legal question gated, and if an action is bronght in the name of the owner of the the claim of one ceBtui que tntBt is a good vgainst the trustee as vessel whatever amount may be recovered is recovered in tru t for .another. the underWI·iters. ViThy is that' Becan e the damage caused by If the Government is a tru tee to protect the rights of every indi such negligence on the part of the rna ter of that vc ·sel was the vidunl under it., as a t rustee it would have no power to divert the proximate and direct re ult of the wrong compluinetl of. 3 16 CONGRESSIONAL RECORD- HOUSE. MAY 10,. In tl!e ca e of the confederate cruisers the direct act which de that her maje ty, in order to enable her to see that inju tice is not tlone to her stroyed the >e~ el in ured was the act of the confederate cruisers subject . stipulates for the J?.ayment in her hands of a sum of money. The dis themselH. . They were insured against the acts of the confederate tribution of that must be left to her majesty's discretion. cruiser . They were not insured against any act of Great Britain. Lord Coleridge, in commenting upon this ca e, aid: They were not inured against the act of any foreign government. We assent, upon full consideration, to the reasoning of the judges in tho court They were in ured against the act of these confederate vessels; it below. The making of peace and the making of war, as they are the undoubted wa only in respect of the cruisers that war risks we1;_e insured; so they are, per~?-aps, the highe t acts of theprerogati\e of the Crown. The tcnn '. on which peace IS made are m the ab olute discretion of the o¥ercign. and when a confederate \esseJ de troyed one of these merchantmen, and there was a total loss and abandonment under a war-risk I call attention to thi point to ·how that the c Alabama. claims policy, the indemnities could .only b.e subrogated to the remnants of involve a different question from any ever pre entcd ou the 11art of -rhe thing for sal>age, &c., mcluding whatever could be :Wgally this Government to any other nation. They aro e out of a contro t'eco>ered against the party who destroyed the property. versy which, if not ettleu, might have led the e two great nation" I say there is no other principle known to the law. The principle to the trial by battle to determine which was right and wllich "·as which arose between us and Great Britain was new in its character, wrong. This Government coulcl not yield her national honor; ancl one which ne\er was applied before. In the progress of our civiliza unless both parties would provide by treaty for ubmitting the ques tion upon this continent and in Great Britain there were instituted tion to arbitration, armed hostilities might have ensued. The case certain rules to be observed, and in the carrying out of those rules was the same in principle as if this money had been paid upon the in good faith Great Britain called upon us to observe them, and we conclusion of peace at the termination of a war-as if it had been obsen·ed them through all her \arious wars. l)aid as pure indemnity to this Go>ernment for the wrong done to Then we aid to Great Britain that when she refused to observe her national honor. them she committed a wrong which under her foreign-enlistment act But it is said that thi principle, although undoubtedly Eug1i ·h she had power as a government to pre>ent, and she refused to pre law, is not applicable to this country, because the Government of vent it; that due diligence would have prevented it. Then we a a the United States was created by the 11cople a a trustee for their sovereign Government, as a overeign power, as a great nation, went benefit. I desire to say, with all due respect, that the principle to Great Britain as a great nation and insisted upon her paying us upon which this Government is foundccl is 1n·eeiscly the same a damages for this wrong. The damages which we received are what that on which the Go>ernment of Great Britain re ts. \Ve have a, are generically known as the .Alabama claims. They are of just as written constitution. England has a con titution whicll is con different character from those provided for in article 12 of the treaty tained in Magna Cha1·ta, in the decisions of her court , and in her a they are different from the claims paid under the Spanish ancl the statutes. But although the facts and document upon which the French convention . British constitution rests extend from the era of Runnymede to the It seems to me, the.refore, ~lr. Speaker, that a wide distinction is present day, England has no less a written constitution than we to be taken between this class of claims and the class of claims have. which are ordinarily settled between governments on account of In every ca e where this Government tand in the po ition of a. indinduals. The treaty in this ca e plainly recognized the differ trust.ee, I say there is no power to prc>ent the Constitution h:1Viug ence when it provided in article 1 for the class of claims called its full effect, namely, to protect every citizen in every right he pos generically 'Alabama claims," which were to be disposed of by ar sesses. If, then, it is a trustee as a cesttti que tnwt of this GOvernment r bitrators at Geneva, and iu article 12 provided for claims which every man has the legal right to demand he hall be paid every dol aro e (luring preci ely the same period for damages that should be lar due him. paid on account of private individuals or citizens of the United But, Mr. Speaker, we h.:'l.>e a later ca ·c thau that of the Ru&iom tate. jee. We have a case decided in the couTt of last resort of Great Bv tho e who claim that the underwriters should receive this Britain. The facts are as follows: the owner of a vessel who ·ui:. m01:iey it has been urged not only t.hat the Parliament of Great fered a loss during our war, and who was paid under the act of 1874, Britain did the best it could under the circumstances but that be was sued by t.he underwriter in Great Britain to recover the sum cau e the Gene\a arbitrators decided that the Shenandoah before paid him. Now let us see what the court snid in that ca!>c: he reached 1\Ielbourne was not an inculpated cruiser, the claims Plaintiffs, underwriters in Englandt underwrote a valued polic.''' of1lersons who e vessels were destroyed by the Shenandoah before including war risks, on car:?o belongmg to defendants, shippcu on he_ reached ~lelbonrne should be thrown out by this Government and board a United States ve el. The real value of the cargo was more we hould not pay uch persons a dollar. Look at the case of one than the amount named in the policy. The cargo was de troyed by ve el which the Shenandoah destroyed the day before she reached the confederate cruiser .AL'tbama, and plaintifts paid the amount :\lelbourne. On thatoccasionshehad the Englishfiag flying at her named in the policy to defendants as an actual totallo s; but in pur mast until themomentofmakingthe attack, when she hauled down suance of defendant's claim under this act they recovered the diffm· the English flag and raised the confederate flag. ence between the aetualloss and the amount insured. The decisiou When it is ar~ued that the underwriters are entitled to be subro of Lord Chief-Justice Coleridge wa-s re\er ed. I will take the time gated to the1·ignts of those who paid the war premiums which they to refer to some parts of that decision. He goes on and gives the were reqnu:ed to pay during the war, I call attention to the fact that terms of the act of 1 74, to which I fu't\e already called attention. during the wa1· 1,0'20 American merchantmen changed from an Ameri He then says : can to an English registry, because it became a question whether it Two things are clear from the fact as applied to this section : was wor e to be destroyed by confederate Cl'\lisers or by the under (1.) Tl;iat the defendants got their money from the court on the proof, or allega tion at least, thattheiractuallo sin respect of the cargo of the Lamplighter exceeded writers who were demanding their exorbitant war rates. What did the compensation or indemnity pajd them by the plaintift's under the policy ; and the e American merchantmen do They undertook to escape the (2.) That the money could not have been obtained from the court either by tb& cruise1·s and the insurance men by changing their registry and sail plaintiffs suing in their own name or by the defendants suing on the plaintiffs' ing under the British flag. I call attention to this fact to show that behalf; and the question is, now that t1le defendants ha\e obtained the money under these circumstances, can the plaintiffs recover it from them 1 In othe~ as a matter oflaw the principle which is to be applied to this class words, have the defendants obtained the money under circumstances which make of cases is diffe:::ent from any that has e\er been decided in any court them in respect of it tmstees for the plaintiffs 1 Two points arise: 1. Is the value of ju tice iu this country or can arise. The principle we here contend in the policy which has been paid absolutely conclusi'e in case of actual total loss for is recognized iu cases which have been decided in En~land, and is between the parties to the policy 1 2. Was the paymt\nt of their money to the defendant more than a free gift, a pure a{lt of ~race on the part of the United fully sustained. I call attention to the case which has oeen so often States 1 .As to the first question, there has been an actual total loss, a positi,e, spoken of, the case of Rustomjee. I will read a statement of the facts complete destruction of the thing insured; and I think that in this case the valu a embodied in the t•eport of the majority of the court: ation in the policy is conclusive between the parties. '!'hey have by agreement :By treaty between the Queen and the Emperor of China., $3,000,000 were paid settled the value and not left it open to future inquiry and dispute a.s between thcm to the Queen by the Emperor on account of debts due to British subjects from selves.-Shawe vs. Felton, 2 East, 109; per Lorcl .Abinger, delir:ering jttdJ1ntmt i t~ Chinese merchants who had become insolvent. The petitioner, Rustomjee, was Youngvs. - owner of one ofthe debts covered by that pa~ent; and during the negotiations He then goes on : the British agents promised him that his claun should be pressed and that the money when reco,ered should be paid him. It was not disputed that this \ery If it were, I am of opinion that this action woultl clearly be not maintainable, debt was jncluded in the sum so paid. Under the laws of England whoe,er claims and at first sight there is much to be said for the contention that it is a were act that the Queen has money of his in her possession may bring suit therefor by pe of graoo. The money out of which this is paid to the defendant is a sum of tition of right. RustoiDJee filed such a petition, claunin~ the Queen to be his money paid by Great Britain to the United States, from one sovereign state to· gent and "trustee. In commenting upon this claim Chief-tl ustice Cockburn, him· another; and Rustomjee vs. The Queen, 34 L. T. Rep. N. S., 278; 36 'L. '1'. Tiep. If one of the Gene\ a tribunal, uses language the application and pertinency of N. S., 190 ; 1 Q· B. Div., 487; 2 Q. ll. Div., 69, is a distinct authority for holding e\ery word of which to the pre ent case is too plain to need comment: that money bemg paid by one sovereign tate to another, in respect of war 1ossc. ··In such a case a. petition of right "Will not lie." occasioned by the paying state to the ubjoots of the receiving state, gives no legal right whate>er to a particular subject of the receiving state, compensation Then if the petition of right would not lie the Go\ernment could for whose loss has been paid to that state, capable of being enforced in any court not ha\e been :1 trustee, for by the common law of England where against the sovereign or the government of that state. the Crown or the go>ernment is a trustee the petition of right does He decid!es that it was not an act of grace, not a. mere gift. He lie. then a-dds: ln such a cas a petition of right will not lie. The notion that the Queen of this It is therefore no doubt clear that" the tlefendants coultl have had no le~al claim country, in receivin~ a sum of money in order to do justice to some of her subJects, capable of bein~ enforced a~ain t the United States in their so,ereitrn cna.racter. to whom otherwise mjustice would be done, becomes the agent of those subJecta, But it seems to oe equally Clear, as the result of great authorities oath in Eng seems to me really too wild a. notion to require a single word of observation be land and in America, that if a. country l,)Uts a fund of this sort in course of distri· :vond that of emphatically condemning it. In like manner, to say that the sov bution by re~ar process among such of its subjects as are morally enti tied to share· ereign becomes the "trustee" for ubjects on whose behalf money has been re in the fuiul, then what their suJ:)jects so recover they recover as a right, not, per cei\ed by the Crown appear. to be equally untenable. It comes simply to this, haps, enforceable by Jaw, lmt yet mth such a character of moral equity about it- 1882. CO~GRESSIO_TAL RECORD- HOUSE. a make them, in respect of what they so rccowr, truste for tho e who in equity this Go>ernment could not be a trustee in respect to this fund in any and justice are entitled t.o it. This appears to me to haT been held in princi:{lle sense whatever, it must follow conclusively that the Government can J{ lArd Northlncton, Lord Hardwicke, and Chancellor Kent when chief-justice oi )few York. "' dispose of it and, what is more, that it should never end it to any tribunal to parcel it out and dispose of it in a manner contrary to On appeal the House of Lord rever ed the ucci ion of Chief-Jus what is proper and right when all of the facts a1·e comlidered. tice Colerillgc. •~h-ing judgment for plaintiff. Here is what Justice The people of this country, or this country itself in its national Bramwell said: character, has created this Congress a tribunal for tho adjudication I cannot (thou~h I say so with th.e greatest respect) think that the judgment of just such cases, ha>e endowed it with thll power to decide just. ~f Lord Cole1id rre i right; and, although the court is not unanimous, it seems to such questions, and it is clearly within the·province of Congress to roe that it. would' be useless to take time to consider our jud~ent, for what we }:aTe to decide is a . hort point, and there is no complication m the case. Lord deal \\ith this flmd as it may see fit. Congress, we are told, cannot Coleri~ge thou~h~ that there we1·e o.nl:Y two points which i~ was n~cessaryt? con d~al with it properly ; that Congress has not the paraphernalia of a "ider, tor he ~md m the cour e of his Judgment: "Two pomts arise: firSt, IS the court for taking testimony, for hearing evidence anu disposing of •alu in the polkit•s whlch ha•e been paiu ab olutely conclusi•e in case of actual cases; that we should take it out of the pale of Congress and send it lo~ between tho parties to the policie 7 and econilly, was the payment of this money to the defendant more than a free gift, a pure act of grace on the part of to the Court of Claims and let that court dispose of the questions the United State l " ~ow, I >enture to think that there i a third, and a most im arising out of these claims. You endow that court with power to Jl rmnt point, w hkh i:'! this: suppose this was a. free gift, wa it a gift which could decide all the e questions. YOJl say to the court decide and :pasS lie called a portion of the eal•age of the thing in ured l upon the questions, and under the treaty and the award dispose or I a !!reo with the rea ouin~ and the conclu ion of Lord Coleridge on the other point~; and agreein~ with hts reasoning, I should have thought that if the money the claims by the principles of law and equity according as you may lad lwen awarded uecause the cargo was taken by the ..Alabama simpliciter 1t see fit, the only limitation being that the court should ob erve equity, "Woul I it right or just when they suffered injury because of the acts of be recovered as alvage. It i true they decide this in giving con these confederate cruisers, against which they had no insunmce, that struction to the act of Congress of 1874. Yet if this Government they should be thrown out of any tl'ibunal which can afford them received the salvage of Great Britain and now bold it a trustee, a relief, and in case of actuallo s suffered by them have no remedy f the underwriter claim, the act of 1874 nor could any other act of Such a principle would be wrong, and in violation of every spirit of Congres destroy a tru t once created as a. valid trust. And again right which has been maintained in any civilized government on the decision inform us that this is au indemnity fund receh·eu by earth. Many cases of loss occurred where no insurance at all wa u. entirely unaffected by anything determined at Geneva, so far a taken and no policies were held by the loser , and yet the action pro the disposition of it is concerned, that in respect to that this Gov po ed by the minority report would give the benefit of this arbitra ernment i alone the sole judge. tion fund to the insurance companies rather than to the actual losers. And yet these underwriters, as an afterthought, tell us that they Did the underwriters in ure against the wrongful acts of any gov were providing: for this very thing; that whatever was recoyerell. ernment on earth f Did they insure a~ainst the acts of Great Britain f from Great Bntain wa recovered in respect of salvage; that they They simply insured against the nsk of capture by confeclerate made a calculation and .made the -premiums correspondingly low. crui ers. They say that events have proved that they were correct, as the Now, what was the great wrong in this matter 7 "\Ve said to EnO' United tates Government had recovered such t~alvage for them at land in the outset: ''We have no objections to your selling to confed Geneva, and now holds the same iu trust for them. erate arms, powder, and guns; we have no objections to your making, In all the arguments that have been made in favor of the tmuer buildinlT, and delivering to them in the confederate ports your war writers in either House of Congress, in the committee-room, or any vessels f bnt what we complain of is this: yon are perpetrating a where else, they proceed upon the distinct idea that this Govern great wrong on this Government by allowing and aiding the confed ernment is the trustee of this fund. Ifit is proven that the Govern erates to fit out these ve els in your ports and leave your shores. ment is not a. trustee, then their case falls; they have no tanding That is an act of war," we said. In the case of a war vessel fitted out anywhere unless this Government is the trustee of this fund. in New York when England was at war with Brazil the English Gov It has been decided by two ditlerent decisions of the court of la t ernment complained of us. We said, ''Our ship-bnildets sold that ves- resort in Great Britain, in respect to this very fund, that this Gov el to tbeBrazilhtnGovernment under contract to deliver it at the port ernment was not a trustee of this fund. Consequently, it seems to of Bahia, a port of the power at war. It was contraband in its pas me incontrovertible that thi amount was received by u.s from Great sa(J'e; if you attacked and destroyed it in its transit, that would be Britain for d.amages resulting not from any wrong the confederates l:t~ful. And all we ask now is to enforce the same rule we were have done u.s, because their acts were legal. It is true they dcsh·oyed willinl7 to enforce against our elves. If yon want to sell your guns our property, but they destroyed it legally and a an act of war. But and m~terials that are contraband of war; if yon want to sell your the point we make is that England committed a wrong in not exer ves els to confederates, yon may do so, but yon must deliver them in cising due diligence in preventing these confederate crui ers fi:om their own ports, so that you shall not interfere with the principles of leaving her ports for that purpose. Our claim was ana tiona! one, nat neutrality. But yon have perpetrated a great wrong against this a. private one. Not a dollar oftbe award we obtained wa of a private nation, what is really an act of war, just as much an act of war on character; every dollar of it was of a public character. the part of Great Britain as though these ves els sailed continually The SPEAKER. The time of the gentleman has expired. under the British flag." And, a I have stated, in one instance they Mr. HU:\IPHREY. I would like a few minute more. did ail under the British flag until the attack wa made, and when Mr. RAJ\~ ALL. Let the gentleman finish his remarks to-morrow. the attack was made they hoisted the confederate flag. 1\Ir. ROBINSOX, of l\Ia achusetts. Oh, no; let him have time I ask it to be considered, when under the twelfth article we have llOW. comprised all the claims which have been allowed u.s on account of Mr. KING. I ask consent that the time of the gentleman be ex private individuals under the treaty of Washington, and when under tendeu. the first article we have included all claims generically known as the There was no objection. Alabama claims, when the one claRs were to be disposed of by a com 1\fr. HUMPHREY. It seems to me that the bill of the majority of mission and the other class were to be paid by a sum in gross as an the committee, which provides for the raising of a commi ion and indemnity to this Government under the arbitration at Genevn., if keeping this money under the control of Congress, is in ptusnance they were not damages received by us resulting from a great national of right and justice, and recognizes the fact that this Cong~·ess is fully wrong on the part of the British Government and not in any sense competent to di pose of this question. This Congre is the great as damages received on acconn.t of any private individual f It seems national tribunal that hould keep control of this fund. We should to me that this point cannot be questioned; and if so, this Govern not shirk the responsibility and send this matter to the Court of ment can never in any sense be called a trustee in 1·espect to one dol Claims. lar of this sum. For it has been decided in reference to the e claims If there is one dollar of this money which we should pay to any which have been admitted and disposed of under the twelfth article one, let us pay it to those who are entitled to it, to those who have ·ofthis treatyonaccountofJ?rivateindividualsthat there is a. result suffered lo . If after you have done that you de ire to pay the e un ing trust raised.by implication by the very act of article 12; becan e derwriter , then Congres can do it. But if you now make the mi - there we agree with Great Britain that this commission shall allow take of sendin~ this matter to the Court of Claims, and clothe that ·our citizens on their private account, if the amount is allowed, that court with the legal power which the act will give them, it will give it shall be allowed them a private individuals. these underwriters a legal right which they do not now po se sand Therefore, I say a trust results to them on the partofthis Govern do not claim. You will thereby have done a wrong to the mercan ment, and those claims have all been paid; wherea the Alabama tile marine of this country, a wrong which is much rr~·eater than any ·claims were not regarded a claims of private individuals, but they benefit which the tmderwriters seek to obtain by enaeavoring to get were regarded as damages which we bad suffered, and which we you to pursue the course they urge upon you. from time to time during the war, through our minister at the Court They ay if yon give it to them you will encomage a sy ·tern of ·of St. James, presented, and caused the secretary of foreign affair protection under war risk to ve els on the high ea . That is of Great Britain to receive and file as a claim which the Government nothing but a flimsy pretense. I have shown you that 1,020 Ameri of the United States made against the Government of Great Britain can vessels changed their registi·y to a. British registry. It was in her sovereign capacity, and not as claims w-hich she made on simply a question with the m. n who owned a. vessel whether be account of private citizens or individuals. would be swamped under these war risks which the underwriter Now, what is the position which the underwriters have to take in imposed upon him, or whether he would run the risk of being taken order to sustain the point which they make and which they insist and sunk by these confederate cruisers. That wa the only alterna upon Y That if you end this matter to the Court of Claims yon tive he had left. Many of the owners of ves els, in order to escape thereby rid yourselves of all this difficulty. This would be an ea y the underwriters, preferred to rnn the risk of being de troyed by way for this Congre to shirk the respon ibility, and give it to a confederate cruisers. tribunal, a quasi-tribunal, to dispose of a. question which we shonlu Those men who p1·eferred to run that risk now come here and a k always retain under our own control. This Congre should never Congre to raise a commis ion and let them go before it and put in lose control of this fund or of one dollar of it. It i morally bound their proof. If their ,.es els and cargoes were de troyed by these to pay it to tllose who actually su:flered wrong. confederate crni er~, ancl they ha>e received nothing for them, then And here is another point the underwriter · make. The under this Go\-ernment which has this fund, which received it as there ult ~iter say this : of a great national wrong to it elf, as an act of indemnity to it eu·, There are many people not conversant with the bnsine of marine insurance should take these claim into con ideration; for the e claims are for who believe that the rates of premium are pla-ced at such price which will pay a damage resulting from the \v:rongful act of Great Britian a fully a profit to the underwriter after proper e timate are made for total and partial any of the claim paid under the act of 1874. lo se , expenses, &c. But as the underwriter is apt to recover alvage from p-rop· The Geneva tribunal, in dl po ing of this ca e, did not say to our erty stranded or such which may be entirely submerged, for which he has paid a. total loss, the rates of premium in view of uch 1-ecovery are placed correspond· cotm ·el and to our Government tl.tat these indirect damages antl inglv lower. And by Ute same ba is of calculation were the war premiums fixed damages sustained by fitting out a nary to prevent the confederate anu'determined, Ute underwriters on this branch of their bnsine s also calculating cruiser from destroying our commerce were damage which should on a reco-very of sal vas-e, in this case from Great Britain, anrl in which calculation, not be allowed, because they were damage resulting to this Govern as events have provell, tbev were correct, a the United 'tate Hovernmeut bas recovered such sal-vag:e for them at Gene>a, and now hold' same in trust. ment. They rejected them on a well-known principle that there can be no rule by which speculative damages can be computed. I read to yon bnt a short time since the deci iou of the court of They did not ay that tl.te e ·claim known generically a Alabama last resort in England, in which tl.tey distinctly decide it could not claim , being lo _e n tained by our merch::mtmen, were not national 1882. CONGRESSIONAL RECORD-SENATE. 3819. -claims; they did not pretend they were private claims. They saicl By Mr. DEERING: Paper relating to the claim of S. B. Cha e-to that the e claims were all of the same character, all arose out of the the Committee on Claims. same transaction; that all belong in the same category, and the By Mr. DOWD: The petitions of .A.. H. Houston, W. H. Trott, anti treaty of Washington admitted this. But they allowed one part of others, and of M. L. McCorkle, S. 1\I. Finger, and others, for an ap the claim and rejected the others, and they gave us a sum in gross. propriation for educational purpo e -severally to the Committee on In conclusion I desire to say that if Congress shall adopt the report Education and Labor. oftheminorityoftheCommitteeon the Judiciary and send these mat By Mr. C. B. F .A.RWELL : The petition of Herman Reifenruth, for ters tothe Court of Claims, it will shirk a greu.t responsibility, and will a pension-to the Committee on Invalid Pensions. give to that court a power which it should never give to any tribunal. By Mr. HARDE}.-rnERGH: The resolutions adopted by the board This Congress is essentially the tribunal in which all these claims of aldermen of Jersey City, New Jersey, relative to the removal to .should be disposed of, so that we can control the funds of the Gov this country of the remains of the late General Judson Kilpatrick ernment. It is simply a mere act of grace on onr part; but we to the Committee on Foreign Affairs. .should act justly and pay all those who are justly entitled to be By Mr. HOGE: The petition of Sleepy Creek district, Morgan paid. We should reject the claims of those who have suffered no County, West Virginia, for an appropriation for educational pur losses and pay the claims of those who have suffered losses, and poses-to the Committee on Education and Labor. therefore show the people of this country that we will protect them By 1\lr. HOOKER: The petition of citizens of Brandon, Mississippi, .as the wards of the Government equally with the class of claimants for an app1·opriation for educational purposes-to the same commit who are strong, who lift up their heads before us here, demanding tee. that the other claimants have no rights becam::;e they come under the By Mr. KING: The petition of the police jury of Concordia Par head of exculpated cruisers, while they themselves come under the ish, Louisiana, a kin~ that the Mississippi River be improved on the head of inculpated cruisers. plans recommended oy the Mis issi.ppi River Commission-to the The question which the Geneva tribunal disposed of was a ques Committee on Commerce. tion of international law. The law as determined by them we are By Mr. LACEY: Papers relating to the pension claim of Ellen M. bound by. They awarded usa sum of money as one ofthe results of Thiers-to the Committee on Invalid Pensions. that determinatiOn, as the damage the United States Government By 1\Ir. 1\l.A.GU\~IS: The petition of Wilson B. Harlan, prote ting -claimed of the British Government. The arbitrators had no power against the passage of the Washburn bill for the repeal of the pre to indicate, nor did they attempt to indicate, the manner in which emption laws-to the Committee on the Public Lands. this Government should dispose of it. Then let this Government Also, the petition of citizens of Helena, Montana Territory, for an maintain its prerogative as well a its dignity and deal justly with appropriation for educational purposes-to the Committee on Edu- these claimants. cation and Labor. · Mr. GROUT obtained the floor. By Mr. McLANE : The petition of the Baltimore City Board of Mr. CONVERSE. If the gentleman will yield, I will move that Trade, protesting against the passage of the bill entitled" An act the House adjourn. He can proceed with his remarks in the morn to prevent the introduction of contagious or infectious diseases into ing. the Unitecl States "-to the Select Committee on the Public Health. Mr. GROUT. I will yielcl, retaining the right to the floor. By 1\fr. O'NEILL: The petition of citizens of Philadelphia, Penn ORDER OF BUSDi'ESS. sylvania, urging the repeal of certain internal-revenue taxes and a reduction of the taxes on whisky and tobacco-to the Committee on . Mr. PEELLE. 'Viii the gentleman from Ohio [~II-. CoXVERSE] Ways and 1\feans. allow me to make a report Y By 1\fr. VAN .A.ERN.A.l\f: The petition of Rev. F. W. Raikes and Mr. RANDALL. I call for the regular order. ·we have been here others, praying that a pension be grantecl to 1\frs. Sarah Sinsfield six hour and a half. to the Committee on Invalid Pensions. E:XROLLED BILL SIG~'"ED. By 1\ir. YOUNG: The petition of John 1\Iathes and 13 other firm Pending the motion to adjourn, of New Orleans, for the passage of the bill now pending proYiuing Mr. ALDRICH, from the Committee on Enrolled Bills, reported for the taxation of glnco e-to the Committee on Way and 1\Iean . that the committee had examined and found truly enrolled bills of the followin