1570 CONGRESSIONAL RECORD-SENATE. FEBRUARY' 9,
Also, memorial of Vessel Owners and Captains' Association of Mr. HOAR presented petitions of the congregation of the Metho Philadelphia, Pa., favoring the establishment of a department dist Episcopal Church of Clinton; of the Woman's Christian Tem of commerce and industries-to the Committee on Interstate and perance Union of Worcester County, and of the congregation of Foreign Commerce. the Baptist Chur.ch of Clinton, all in the State of :Massachusetts, Also, petition of the Chamber of Commerce and Board of Trade praying for the enactment of legislation to prohibit the sale of of Tacoma, Wash., asking for the unrestricted opening of the intoxicating liquors in all Government buildings; which were Puyallup Indian Reservation, in the State of Washington-to the referred to the Committee on Public Buildings and Grounds. Committee on the Public Lands. Mr. COCKRELL. I present a memorial signed by citizens of Also, petition of the Christian Endeavor Society of Freeland, Linn Coun·ty, Mo., remonstrating against the passage of a general Pa., for the passage of a bill to prohibit the sale of liquors in Gov bankruptcy law. The memorial is only ten or fifteen lines long. ernment buildings-to the Committee on Public Buildings and With it I received a letter from Marshall Field & Co., of Chicago, Grounds. presenting objections to the passage of any bankruptcy law. I Also, protest of the officers of the Polish National Alliance of the ask that the memorial, without the names, and the letter be printed United States, in opposition to the Lodge immigration bill-to as a document and referred to the Committee on the Judiciary. the Committee on Immigration and Naturalization. The VICE-PRESIDENT. Is there any objection? The Chair hears none, and that will be the order. Mr. COCKRELL. I present a petition of Local Union No. 35, SENATE. of the United Association of Journeymen Plumbers, Gas Fitters, Steam Fitters, and Steam Fitters' Helpers of the United States WEDNESDAY, Februa1·y 9, 1898. and Canada, of St. Louis, Mo., praying for the adoption of an amendment to Senate bill No. 3300, to regulate plambing and gas Prayer by Rev. F. B. MEYER, D. D., of London, England. . fitting in the District of Columbia, now before the Committee on The Secretary proceeded to read the Journal of yesterday's pro the District of Columbia. I move that the petition be referred to ceedings, when, on motion of Mr. KYLE, and by unanimous con that committee to accompany the bill in its consideration. sent, the further reading was dispensed with. The motion was agreed to. GOVERNMENT ARMOR FACTORY. Mr. COCKRELL presented a petition of Union No. 75, United The VICE-PRESIDENT laid before the Senate a communica Brotherhood of Carpenters and Joiners, of Kansas City, Mo., tion from the Secretary of the Navy, transmitting, in connection National Building Trades Council of America, praying for the with the Department's letter of the 2d instant, a bid by the Com enactment of legislation to provide for the safety of mechanics mercial Club of Anderson, Ind., relative to the proposal for land, and others who work on buildings; which was referred to the buildings, and machinery for an armor factory; which, with the Committee on Public Buildings and Grounds. · accompanying papers, was referred to the Committee on Naval He also presented a petition of Union No. 75, United Brother Affairs, and ordered to be printed. hood of Carpenters and Joiners, of Kansas City, Mo., praying for the adoption of a proposed amendment to the eight-hour law; CUSTOMS COLLECTION DISTRICTS. which was referred to the Committee on Education and Labor. The VICE-PRESIDENT laid before the Senate a communica He also presented a petition of Union No. 75, United Brother tion from the Secretary of the Treasury, transmitting a draft of a hood of Carpenters and Joiners, of Kansas City, Mo., praying that bill to authorize the consolidation of customs collection districts; the right of suffrage be granted to the people of the District of which, with the accompanying papers, was referred to the Com Columbia; which was referred to the Committee on the Diitrict mittee on Commerce, and ordered to be printed. of Columbia. ENROLLED BILLS SIG!-."'ED. Mr. KYLE. I present a petition from 500 settlers o.n the Yank ton Reservation, S. Dak., praying for the passage of the free A message from the House of Representatives, by Mr. W. J. homestead bill. As that bill has passed the Senate and gone to BROWNING, its Chief Clerk, announced that the Speaker of the the House, I move that the petition lie on the table. House had signed the following enrolled bills; and they were The motion was agreed to. thereupon signed by the Vice-President: Mr. LODGE presented a petition of the Board of Trade of A bill (S. 492) granting a pension to Ella D. Cross; Northampton, Mass., praying for the construction and control of A bill (S. 1321) granting a pension to Emily E. Atherton; the Nicaragua Canal by the United States; which was referred A bill (S. 1581) granting a pension to Mary W. C. Burgess; to the Select Committee on the Construction of the Nicaragua A bill (S. 1890) granting an increase of pension to Benjamin F. Canal. Tuck; and He also presented a petition of the Massachusetts Ship Canal A bill (H. R. 5029) for the purchaseorconstructionofasuitable Company, praying that a survey be made of the approaches to vessel for service on the Yukon River, Alaska. their canal location across Cape Cod from Massachusetts Bay to PETITIONS AND MEMORIALS, Nantucket Sound; which was referred to the Committee on Com Mr. F AffiBANKS presented the memorial of Dr. George F. merce. Powell, secretary of the Tippecanoe County Medical Society, of He also presented a petition of the Boston (Mass.) Associated Lafayette, Ind., remonstrating against the passage of Senate bill Board of Trade, praying Congress to take such action as will No. 1063, for t.he further preve"tltion of cruelty to animals in the provide for a force of artillerymen adequate in number to care District of Columbia; which was referred to the Committee on for the modern armament with which our harbor defenses are the District of Columbia. now and will be equipped; which was referred to the Committee He also presented petitions of George H. Hill, pastor, and 350 on Coast Defenses. members of the Grace Methodist Episcopal Church, of Richmond; He also presented a petition of the Boston (Mass.) Fruit and of Isaac M. Hughes, pastor, and the congregation of the First Produce Exchange, praying for the ratification of a reciprocity Presbyterian Church of Richmond, and of 100 members of the treaty with the Dominion of Canada and the Crown Colony of Woman's Christian Temperance Union of Richmond, all in the Newfoundland; which was referred to the Committee on Foreign State of Indiana, praying for the enactment of legislation prohib Relations. iting the sale of intoxicating liquors in the Capitol and all Gov He also presented a memorial of the common council and ernment buildings; which were referred to the Committee on board of aldermen of Boston, Mass., remonstrating against the Public Buildings and Grounds. proposed reduction in the letter-carrier force of that city; which Mr. DEBOE presented petitions of the congregation of the was refen·ed to the Committee on Post-Offices and Post-Roads. Methodist Church; of the Russell Epworth League; of the con He also presented the petition of R. R. Nickerson, of Holyoke, gregation of the First Christian Church; of the Young People's Mass., praying for the passage of the so-called Loud bill, relating Society of Christian Endeavor; of the Baptist Young People's to second-class mail matter; which was referred to the Committee Union; of the Second Christian Sunday School; of Lodge No. 65, on Post-Offices and Post-Roads. Independent Order of Odd Fellows; of the congregation of the He also presented a petition of the Woman's Christian Temper Baptist Church, and of the Yotmg People's Society of Christian ance Union of South Boston, Mass., and a petition of the Young Endeavor of the First Christian Church, all of Glasgow, and of the People's Christian Union of Malden, Mass., praying for the enact congregation of the Methodist Episcopal Church South of Temple ment of legislation to prohibit the sale of intoxicating liquors in Hill, all in the State of Kentucky, praying for the enactment of all Government buildings; which were referred to the Committee legislation to protect State anti-cigarette laws by providing that on Public Buildings and Grounds. cigarettes imported in original packages on entering any State He also presented a petition of the Woman's Christian Temper shall become subject to its laws; which were referred to the Com ance Union of South Boston, Mass., praying for the enactment of mittee on Interstate Commerce. legislation to prohibit the transmission by mail or interstate com Mr. HAWLEY pr€sented a petition of the Wholesale Grocers' merce of newspaper descriptions of prize fights; which was referred Association of Southern NewEngland, praying that the Connect to the Committee on Interstate Commerce. icut River be made navigable from Hartford to Holyoke; which He also presented a petition of the Woman's Christian Temper was referred to the Committee on Commerce. ance Union of South Boston, Mass., praying for the enactment of 1898. CONGRESSIONAL REOORD-SENA~J:lE. 1571 legislation to prohibit the interstate transmission of lottery mes shall become subject to its laws; which were referred to the Com sages and other gambling matter by telegraph; which was referred mittee on Interstate Commerce. to the Committee on the Judiciary. · Mr. GRAY presented a petition of Pomona Grange, No.3, Pa He also presented a petition of the Woman's Christian Temper trons of Husbandry, of Sussex County, Del., praying that an ade ance Union of South Boston, Mass., praying for the enactment of quate appropriation be made to foster further experiments in the legislation to substitute voluntary arbitration fo: railway strikes; manufacture of sugar from sorghum cane; which was referred to which was referred to the Committee on Education and Labor. the Committee on Agriculture and Forestry. He also presented a petition of the Woman's Christian Temper Mr. PETTIGREW presented sundry papers in support of the ance Union of South Boston, Mass., praying for tho enactment of bill (S. 1790) for the relief of John Cashner; which were referred legislation to prohibit kinetoscope reproductions of pugilistic en to the Committee on Military Affairs. counters in the District of Columbia and the Territories and the He also presented sundry papers in support of the bill (S. 1791) interstate transmission of materials of the same; which was or for the relief of Levi Carnrike; which were referred to the Com dered to lie on the table. mittee on Military Affairs. He also presented a petition of the Woman's Christian Temper He also presented sundry papers in support of the bill (S. 1792) ance Union of South Boston, Mass., praying for the enactment of for the relief of Wallace Weller; which were referred to the Com a Sunday-rest law for the District of Columbia; which was re- mittee on Military Affairs. ferred to the Committee on the District of Columbia. · He also presented a petition of the Woman's Christian Temper CONSTITUTION OF REPUBLIC OF CUBA. ance Union of South Boston, Mass., praying for the enactment of Mr. CANNON. I present a copy of the constitution of theRe legislation to raise the age of protection for girls to 18 years in public of Cuba, together with brief sketches of the President of the District of Columbia and the Territories; which was ordered the Republic and his cabinet. I move that the papers be printed to lie on the table. as a document. He also presented a petition of the Woman's Christian Temper- The motion was agreed to. ance Union of South Boston, Mass., and a petition of the Young REPORTS OF COMMITTEES. Woman's Christian Temperance Union of Lynn, Mass., praying M MITCHELL f th c ·tt p · h for the enactment of legislation to protect State anti-cigarette r. • rom e ommi ee on ens10ns, tow om laws byprovidingthatcigarettes imported in original packages on was referred the bill (S. 1066) granting a pension to Ole Steens entering any State shall become subject to its laws; which were land, submitted an adverse report thereon, which was agreed to;. referred to the Committee on Interstate Commerce. and the bill was postponed indefinitely. Mr. GEAR presented a petition of the congregation of the United Mr. ALLISON· J am directed by the Committee on Appropri- Presbyterian Churchof_Winfield, Iowa, praying for the enactment ations, to whom was referred the bill (H. R. 6896) making appro of legislation prohibiting the sale of intoxicating liquors in all priations for. the current and contingent expenses of the Indian Government buildings; which was referred to the Committee on Department and for fulfilling treaty stipulations with various Public Buildings and Grounds. Indian tribes for the fiscal year ending June 30, 1899, and for Mr. BAKER presented a J;D.emorial of sundry citizens and busi- other purposes, to report it withamendments; and I submit with it a brief report, which I ask to have printed. I desire to give ness men of Fort Scott, Kans., remonstrating against the enact- notice that to-morrow morning, after the ordinary routine busi- ment of a general bankruptcy law; which was ordered to lie on ness, I shall aslr the Senate to consider the bill. 8 thH~ ~~~ presented a petition of the Woman's Christian Temper- The VICE-PRESIDENT. The bill will be placed on the Cal- endar. ance Union of Winfield, Kans., praying for the enactment of leg- M HALE I a· t db th c •tt N 1 · islation to substitute voluntary arbitration for railway strikes; r. · am Irec e Y e ommi ee on ava Affairs to report an amendment intended to be proposed to the Naval which wasi·eferred to the.Committee on Education and Labor. appropriation bill, the amendment relating to the purchase of He also presented a petition of the Woman's Christian Temper- armor plate. I move that th~ amendment be referred to the Com- ance Union of Winfield, Kans., praying for the enactment of leg- . d . d islation to prohibit interstate gambling by telegraph, telephone, mittee on Appropnations an prmte · - The motion was agreed to. or otherwise; which was referred to the Committee on the Judi- Mr. BUTLER, from the Committee on Naval Affairs, to whom ci~~·also presented a petition of the Woman's Christia~ Temper- was referred the bill (S. 219) donating condemned cannotl and ance Union of Winfield, Kans., praying for the enactment of leg- condemned cannon balls to S. A. Douglas Post, No. 69, Grand islation to protect State anti-cigarette laws by providing that Army of the Republic, Department of Nebraska, at North Platte, cigarettes imported in original packages on entering any State ~~~~n~eported it without amendment, and submitted a report shall become subject to its laws; which was referred to the Com- He also, from the same committee, to whom was referred the mittee on Interstate Commerce. He also presented a petition of the Woman's Christian Temper- bill (S. 641) donating condemned cannon and cannon balls to ance Union of Winfield, Kans., praying for the enactment of leg- Wadsworth Post, Grand Army of the Republic, of Helena, Mont., islation to raise the a!?e of protection for girls to 18 years in the reported it with an amendment, and submitted a report thereon...... Mr. COCKRELL. On February 7, I presented a petition from District of Columbia and the Territories; which was ordered to the National Building Trades Council of America, of St. Lonis, lie on the table. He also presented a petition of the Woman's Christian Temper- Mo., favoring the adoption of a proposed amendment to the eight ance Union of Winfield, Kans., praying for the enactment of leg- hour law, which was referred to the Committee on Commerce. I islation to prohibit, as far as the power of Congress extends, the ask that the committee be discharged from its further oonsidera- · reproduction of prize fights by the kinetoscope or other kindred ~~~~:.nd that it be referred to the Committee on Interstate Com- devices, and also the interstate and mail circulation of extended The VICE-PRESIDENT. Without objection, it will be newspaper descriptions of the same; which was ordered to lie on ordered. 80 the table. Mr. DAVIS presented a petition of the Chamber of Commerce BILLS INTRODUCED. of St. Paul, Minn., praying for the adoption of the currency plan Mr. LODGE introduced a bill (S. 3610) to regulate the practice as proposed by the Indianapolis (Ind.) monetary conference; of veterinary medicine and surgery in the District of Columbia; which was referred to the Committee on Finance. which was read twice by its title, and referred to the Committee Mr. HANSBROUGH presented the memorial of John Dinnie on the District of Columbia. and160othercitizensofGrandForks,N.Dak.,andthememorialof He also introduced a bill (S. 3611) for the relief of Charles M. B. Prom and 73 other citizens of Milton, N.Dak., remonstrating Pierce; which was read twice by its title, and referred to the Com against the enactment of legislation to establish a division in the mittee on Claims. Treasury Department for the regulation of insurance among the Mr. BAKER introduced a bill (S. 3612) to authorize the South several States, and for other purposes; which were referred to McAlester Electric Light and Power Company to construct, oper the Committee on Interstate Commerce. ate, and maintain electric light and power plants at South MeAl- He also presented a petition of the Woman's Christian Temper- estEr and other places in the Indian Territory; which was read ance Union of Grandin, N. Dak., praying for the enactment of leg- twice by its title, and referred to the Committee on Indian Affairs. islation to protect State anti-cigarette laws by providing that · Mr. PROCTOR (by request) introduced a bill (S. 3613) to estab cigarettes imported in original packages on entering any State llish a national park and to erect a peace monument at Appomat shall become subject to its laws; which was referred to the Com- tox, in the State of Virginia; which was read twice by its title, mittee on Interstate Commerce. and referred to the Committee on Military Affairs. He also presented petitions of the congregations of the Presby- Mr. HOAR introduced a bill (S. 3614) granting a pension to terian, Methodist Episcopal, and Evangelical churches, all of Cav- Ernest B. Hutchins; which was read twice by its title, and referred alier, in the State of North Dakota, praying for the enactment of to the Committee on Pensions. legislation to protect State anti-cigarette laws by providing that Mr. HANSBROUGH introduced a bill (S. 3615) regulating the cigarettes imported in original packages on entering any State taking of oaths in proceedings before the Land Department; which 1572 CONGRESSIONAL RECORD-SENATE. FEBRUARY 9, was read twice by its title, and, with the accompanying paper, Whereas section 7 of the civil-service law provides: "Nor ,shall * * • any J.>erson merely employed a.s a laborer or workman be required to be referred to the Committee on Public Lands. classified;" and Mr. COCKRELL (by request) introduced a bill (8. 3616) grant . Whereas section 45 of the act of Congress approved January 12 1895 pro ing a pension to Capt. Charles F. Hindricks; which was read twice VIdes that "It shall be ~he d:uty 0~ the Pub!-ic Printer to employ 'worlDnen. who are thorou~hly skilled m their respective branches of industry as shown by its title, and referred to the Committee on Pensions. by a trial of their skill under his direction: " Therefore ' Mr. FAffiBANKS introduced a bill (S. 3617) to correct the . Resolved, ~ha~ the Committee on the Judiciary be. and they are hereby, military record of William T. Rominger, of Hartsville, Ind.; which directed t? mqmre and report to the Senate whether or not the Executive order p~CIJ?.g the Government Printing Office in the classified service is valid was read twice by its title, and referred to the Committee on Mili and of bmdmg force. / "" tary Affairs. He also introduced a bill (S. 3618) appropriating money for the AGRICULTURAL APPROPRIATION BILL. " payment of the claim of George W. McCray; which was read The VICE-PRESIDENT laid before the Senate the action of the twice by its title, and referred to the Committee on Claims. House of Representatives nonconcurring in the amendment-s of 1dr. HAWLEY introduced a bill (S. 3619) to amend chapte1· the Senate to the bill (H. R. 6351) making appropriations for the 67. volume 23, of the Statutes at Large of the United States; Department ?f Agriculture for.the fiscal year ending June 30, which-was read twice by its title, and rejerred to the Committee 1899, and asking a conference Wlth the Senate on the disagreeing on Military Affairs. votes of the two Houses thereon. Mr. PETTIGREW introduced a bill (8. 3620) granting an in On motion of Mr. CULLOM, it was crease of pension to John Cook; which was read twice by its title, Re.'wlved, That the Senate insist upon its amendments to the said bill dis· and referred to the Committee on Pensions. agreed to by the HoUBe of Re:presentatives and agree to the conference asked Mr. CARTER introduced a bill (S. 3621) granting a pension to by the HoUBe on the disagreemg votes of the two Houses thereon.. Fidillar White; which was read twice by its title, and referred to the Committee on P ensions. By unanimous consent, the Vice-President was authorized to He also introduced a bill (8. 3622) for the relief of William appoint the conferees on the part of the Senate; and Mr. CULLOM, Flannery; which was read twice by its title, and referred to the Mr. QUAY, and Mr. PETTIGREW were appointed. Committee on Claims. RECEIVERS OF PUBLIC MONEYS. 1\Ir. McBRIDE introduced a bill (S. 3623) granting to William The VICE-~RESIDENT laid f>efore the Senate the bill (S. 2934) S. Byers, of Pendleton, Oreg., a right of way through the Uma to amend section 2234 of the ReTised Statutes of the United States tilla Indian Reservation, in said State-, for irrigation, manufactur returned from the House on the request of the Senate. ' ing, and milling purposes; which was read twice by its title, and . Mr. HANSBROUGH .. That bill passed the Senate some days referred to the Committee on Public Lands. . · smce. I move to reconsider the vote by which it was passed a Mr. GORMAN introduced a bill (S. 3624) granting a pension to s~ar bill having passed Congress and been approved by the Annie Fowler; which was read twice by its title, and referred to PreSldent. the Committee on Pensions. The motion to reconsider was agreed to. He also introduced a bill (S. 3625) granting a pension to William Mr. HANSBROUGH. I move that the bill be indefinitely pos~ H. Pierre; which was read twice by its title, and referred to the poned. Committee on Pensions. The motion was agreed to. He also introduced a bill (S. 3626) granting a pension to Mary Vockey; which was read twice by its title, and referred to the GILDING OF THE STATUE OF LIBERTY. Committee on Pensions. 1\Ir. MO~~ILL. I .as~ leave to call up the joint resolution (S. R. Mr. BUTLER introduced a jointresolution (S. R.104) toamend 137) authonzmg the gildmg of the Statue of Liberty on the Dome the Constitution of the United States, giving Congress the power of the Capitol. to lay and collect income taxes; which was read twice by its title, There being no objection, the Senate, as in Committee of the and referred to the Committee on the Judiciary. Whole, proceeded to consider the joint resolution. AMENDMENTS TO BILLS. Mr. MORRILL. Mr.. President, I think all recognize the statue Mr. LODGE submitted an amendment intended to be proposed on the D?J!te o! ~h~ Capit?l as a work of art, and yet, in its pres by him to the diplomatic and consular appropriation bill; which ent condition, 1t IS rmposs1ble to tell even that it is a statue. It is was referred to the Committee on Foreign Relations, and ordered no better than a lump of coal. The only possible remedy for it is to be printed. to have it gilded. The pending joint resolution is reported unani~ Mr. BAKER (by request) submitted anaffiendment intended to mously from the Committee on Public Buildings and Grounds. be proposed by him to the Indian appropriation bill; which was To have the statue properly gilded, including the cost of the referred to the Committee on Indian Affairs, and ordered to be scaffolding, will require about $5,000. printed. Mr. STEW_ART. Mr.. Preside~t, under ordinary conditions it Mr. WARREN submitted an amendment intended to be pro would be qmte appropna.te to gild the Goddess of Liberty \vith posed by him to the Indian appropriation bill; which was referred gold, but under present conditions it is peculiarly appropriate. to the Committee on Indian Affairs, and ordered to be printed. Inasmuch as the American people, that is, a portion of them have Mr. PETTIGREW submitted an amendment intended to be become fetich worshipers of gold, it is according to the usual ens~ proposed by him to the bill (S. 3545) for the adjustment and pay tom of fetich worshipers, both ancient and modern. They exhibit ment of certain claims against the Uni.ted States; which was the god they worship in every possible form. If you will read referred to the Committee on Claims, and ordered to be printed. m~thology you will find that neat·ly all the gods that were wor· M1·. WHITE submitted an amendment intended to be proposed sh1ped were emblazoned on the monuments the ancients left. and by him to the bill (S. 3545) for the adjustment and payment of they were engraved on their works of art. Inasmuch as we ·have certain claims against the Government of the United States; no other god now but gold, let it be blazoned on the Dome of the which was referred to the Committee on Claims, and ordered to Capitol, where all can see whom we worship; and let everyone be printed. understand that we worship nothing else. Mr. BATE submitted an amendment intended to be proposed Mr. CHANDLER and Mr. AI,LEN addressed the Chair. by him to the bill (S. 3544) to provide for submitting to the comes from a distinguished man, and a matter coming from such Mr. KYLE. Will the Senator from Nebraska explain the char a. source, I protest, ought not to be made a subject of ridicule. acter of bronze and state whether sueh a statue can be rebronzed? Mr. HAWLEY. Mr. President, I am possibly in ignorance, Mr. ALLEN. I am not a chemist, if it requires a chemist to but I desire to be informed as to whether any gold statue is determine those things, and I do not think the Senator from known in the world or whether anybody ever heard of taking a South Dakota is much more of a chemist than I am. I have no splendid bronze etatue and covering it with gold. Bronze is the doubt that we.could apply to the Goddess of Liberty, if that statue appropriate metal, the durable metal, and in every way the light is intended to be a representation of the Goddess of Liberty, what metal for a statue. It is so decided by the world in general. I am is commonly known as bronze, and by that means improve its sure I should be very sorry to see a glaring gold statue up there. appearance and preserve it from rust to a very great extent. _ I think it is bad taste. Mr. KYLE. Will the Senator from Nebraska allow me just a :Mr. SPOONER. Will the Senator allow me to ask him whether moment? he thinks that by gilding this statue with gold, or even with sil Mr. ALLEN. Certainly. ver, the Goddess of Liberty would look any the less like an Indian Mr. KYLE. Is it like a fundamental metal, that can be bur- than she does now, or might it be wise to try the experiment? nished and cleaned? , Mr. :MORRILL. Mr. President, I merely desire to say that the Mr. ALLEN. That depends largely upon the composition. I bronze of which the statue is composed has turned entirely black, presume that is true if it is like pot metal and a great many other so that you can get no idea of a bronze statue at all, any more compositions that we have in this country. If the body of it is than you could, as I have before stated, if it were a piece of black some base metal while the surface is simply bronzed, I presume coal. There is no chance to show the shadows, the folds, or any it can be burnished up; that it can be polished in some way; that part of the statue as they would be shown if it were properly something can be applied to it to preserve it for a great many gilded. There is no doubt about the propriety of this action if we years and to improve its appearance. If that can be done, why want ever to re-cover the statue so that anybody can understand go to the expense of applying gold leaf? that it is a statue instead of a chunk of coal. The VICE-PRESIDENT. Does the Senator f1·om Nebraska call Mr. GRAY. May I ask the Senator from Vermont, in all for a division on agreeing to his amendment? seriousness now, what the statue represents? Mr. AJ... LEN. I would like to have a division. Let it be read Mr. MORRILL. It is intended to represent Liberty. again. Mr. GRAY. Somehavethoughtover here that it was an Indian Mr. HAWLEY. I could not hear distinctly, but I believe the chief or an Indian squaw. I did not know what it did represent. Senator from Nebraska adheres to his amendment proposing to The VICE-PRESIDENT. If there be no amendments as in rebronze the statue, as he calls it. Is that the case? Committee of the Whole, the joint resolution will be reported to Mr. ALLEN. Yes, sir. the Senate. The VICE-PRESIDENT. That is the amendment. The joint resolution was l'eported to the Senate without amend Mr. HAWLEY. I do not know how that can be done very well. ment. Why should we put bronze on bronze? Why does not the Senator The VICE-PRESIDENT. Shall the joint resolution be ordered propose a liberal dose of soap and sand to be applied to restore the to a third reading? original bronze? Mr. HAWLEY. I ask for the yeas and nays on the passage of Mr:ALLEN. I should be glad to accept an a.m1:mdment to the the joint resolution. . amendment. Mr. PASCO. If the yeas and nays are to be called, I ask that ]r!r. HAWLEY. I do not choose to offer it. I want to vote the the joint resolution be read at length. whole thing down. Mr. ALLEN. I wish to offer an amendment to the joint reso Mr. ALLEN. Very well, then, I will withdraw the amendment. lution. Let the amendment be withdrawn and let us take a vote on the The VICE-PRESIDENT. The Senator from Nebraska is in passage of the joint resolution. time. The VICE-PRESIDENT. The amendment is withdrawn. Mr. ALLEN. In line 4, after the word" to," I move to strike The joint resolution was ordered to be engrossed for a third out the words" gild with gold leaf" and insert "rebronze.u reading, and was read the third time. The VICE-PRESIDENT. The question is on agreeing to the The VICE-PRESIDENT. The question is, Shall the joint reso amendment of the Senator from Nebraska. lution pass? Mr. ALLEN. Let the joint resolution be read as it would read Mr. HAWLEY and Mr. TELLER called for the Y"as and nays, if amended. and they were ordered. The SECRETARY. If amended, the joint resolution would read: The Secretary proceeded to call the roll. Re1;olved, etc., That the Architect of the Capitol is hereby authorized and Mr. MORGAN (when his name was called). I am paired with directed to employ some competent person to rebronze the statue of Liberty the Senator from Pennsylvania [Mr. QuAY]. surmounting the Dome of the Capiool; and for this purpose, inclu~ the necessary staging, the sum of $5,000, or so much thereof as may be reqUired, :Mr. SPOONER (when his name was called). I have a general is hereby appropriated, out of any money in the Treasury not otherwise pair with the Senator from Mississippi [1\Ir. WALTHALL]. I do appropriated. not know how he would vote on this great question, upon which The VICE-PRESIDENT put the question on agreeing to Mr. the parties seem pretty clearly divided, and therefore I do not feel .ALLEN's amendment, and declared that the "noes" appeared to at liberty to vote. If I were at liberty to vote, I should vote prevail. "yea." Mr. ALLEN. I hope that we may have a yea-and-nay vote, or Mr. HANSBROUGH (when his name was called). I am paired at least a division of the Senate, on the question. I am not a with the senior Senator from Virginia [Mr. DANIEL]. In his ab stickler on the question of using gold-- sence I withhold my vote. Were he present, I should vote •' yea." Mr. MORRILL. The amendment would involve a contradic The roll call was concluded. tion of terms. The statue could not be rebronzed with gold leaf. M.r. CLAY. My colleague [Mr. BACON] is kept at home on ac· . Mr. ALLEN. But I propose that the words" gold leaf" shall count of illness. Were he present, he would vote" nay." ' be stricken out. :Mr. BUTLER. I transfer my pair with the Senator from Mary Mr. MORRILL. The statue itself is of bronze, but it has turned land [Mr. WELLINGTON] to the Senator from Nevada [Mr. JoNES] black; and so it will again if it is covered with the same material. and vote. I vote " nay." There is no way to remedy the matter unless we pass the joint Mr. WHITE (after having voted in the negative). Observing resolution as it was reported from the committee. I leave the that the Senator from Idaho [Mr. SHOUP] with whom I am paired matter entirely to the good sense of the Senate. It does not con is not present, I withdraw my vote. cern me any more than anyone else, and it will concern me, prob Mr. BATE. My colleague [Mr. TURLEY] is not here. He is ably, for a less time than almost anyone else. paired, however, with the Senator from Kentucky [Mr. DEBOE]. Mr. ALLEN. Mr. President, I regret that I have been unable Mr. KENNEY (after having voted in the negative). Has the to hear the Senator from Vermont, owing to the whispering on junior Senator from Pennsylvania [Mr. PENROSE] voted? this side of the Chamber. My amendment bas the effect of au The VICE-PRESIDENT. The JUnior Senator from Pennsyl thorizing the Architect to have the statuerebronzed. I think the vania has not voted. Goddess of Liberty, or whatever it may be called-the Senator Mr. KENNEY. I have a general pair with him, and therefore from Delaware seems to think it is the representation of a squaw withdraw my vote. or an Indian of some ki:p.d-ought to be rebronzed. I admit that Mr. BURROWS. I am paired with the senior Senator from it is not a very delightful sight to look on, but I do not think we Louisiana [Mr. CAFFERY] on all great questions like this, and I ought to gild it with gold. withhold my vote. I was about to say that while I am not a stickler on the ques Mr. WARREN (after having voted in the affirmative). I beg tion of using gold for that purpose or for any other necessary pur to inquire if the junior Senator from Washington [Mr. TURNERJ pose, I concur heartily with the Senator from Connecticut [Mr. has voted? HAWLEY] that bronze is what the world uses. It is cheaper and The VICE-PRESIDENT. He has not voted. fully as good, and the statue would be more consistent with the Mr. WARREN. I withdraw my vote, then, as I am paired building if it were rebronzed. with that Senator. 1·574 CONGRESSIONAL RECORD-SENATE. FEBRUARY 9, Mr. PLATTofNewYork (afterhavingvotedin the affirmative). istration which justifies the declaration that no substantial result I have a general pair with my colleague [Mr. MURPHY], but as I can follow from a movement in Congress to recognize the Cuban do not consider this a political question and do not believe he will patriots? . so consider it, I take the liberty of letting my vote stand. It would appea.r that some concerted plan has been determined Mr. MILLS. I desire to know if the Senator from New Hamp- upon to forestall and prevent any action by,the Senate, as all pos shire [Mr. GALLINGER] has voted? sible action has been forestalled and prevented in the House of The VICE-PRESIDENT. He has not voted. Representatives, to the end that the will of the people may be Mr. MILLS. Then I withhold my vote. undone, and to the end that some policy, not yet revealed to the The result was announced-yeas 30, nays 22; as follows: people of the United States and not approved by them, may be carried out. YEAS-30. In the same article there are observations upon a distinguished Aldrich, Fail·banks, McMillan, Platt, N. ~. Allison, Foraker, Mantle, Pritchard, member of the Senate, which I do not choose to read. I do not Baker, Frye, Mason, Proctor, know to what extent the author of the article may have had con Carter, Gear, Money, Rawlins, ference with or the indorsement of that Senator; but, Mr. Presi Chandler, Gray, Morrill, Sewell, Clark, Hale, Perkins, Wilson. dent, something more harmful than talk will result to the anti Cullom, Lodge, Pettigrew, Cuban purpose of the men in Congress and outside of Congress in Davis, McBride, Pettus, high official places in this country. The purpose can not be car NAYS-22. ried out. Allen, Cockrell, Lindsay, Teller, We have been told by intimations, repeated in thi') body and in Bate, Harris, McLaurin, Thurston, another hall of legislation and through the public prints, that a Butler, Hawley, Martin, Tillman, Cannon, Heitfeld, Pasco, Turpie. policy was to be inaugurated-a policy so courageous in character Chilton, Jones, Ark. Roach, and so startling in effects before the world as to put to shame Clay, Kyle, Stewart, those who have questioned the patriotism of the Administration NOT VOTING~7. and its intention to carry out the platform upon which the Presi Bacon, Hanna, Murphy, Vest, dent was elected. Berry, Hansbrough, Nelson, Walthall, And we have waited in vain for the revealment until now, when Burrows, Hoar, Penrose. Warren, war is ended in Cuba, and when the brutal heroism of battle has Caffery, Jones, Nev. Platt, Conn. Wellington, Daniel, Kenney, Quay, Wetmore, given place to a controversy of hunger. Spain no longer bas the Deboe, McEnery, Shoup, White, courage or the credit to maintain offensive operations in the field. Elkins, Mallory, Smith, Wolcott. She. is only holding to the appearance of a struggle in Cuba in Faulkner, Mills, Spooner, Gallinger, Mitchell, Turley, order to satisfy the creditors who have advanced the millions by Gorman, Morgan, Turner, which she has sought to keep that people in subjection. Spain So the joint resolution was passed. has been bankrupt in money for many years. She is bankrupt now in credit. Her greatest statesman is gone; her people no WAR IN CUBA. longer have the ability to furnish armies for the contest. Her 'fhe VICE-PRESIDENT. The Chair lays before the Senate the policy is not that of warfare, but it is to .~ubdue by bribery, by resolution offered by the Senator from Utah [Mr. CANNON], com corruption, by ~tarvation, a people which Spain and her cohorts ing over from yesterday. The Secretary will read the resolution. can not conquer in the field. _ The Secretary read the resolution submitted yesterday by Mr. If there be any policy on the part of the United States, it is one CANNON, as follows: of affiliation with this movement, by which Spain shall be enabled Whereas the people of the Republic of Cuba are and of right ought.to be to saddle upon Cuba the vast mass of debt incurred in t_he vain free and independent; and endeavor to conquer that island. More than four hundred millions Whereas the continuance of the barbarous warfare of Spain in her at of bonds are held by Spanish creditors, the bulk of which were tempt to subjugate the patriots of that republic is a violation of the law of humanity, is a menace to the freedom and progress of the peoples of the issued to obtain funds with which to carry on the struggle in Cuba. Western Hemisphere and is full justification for a demand by the Govern In 1868 the Cuban debt was only $25,000,000. At the opening of ment of the United States that Spain shall withdraw her land and nav:l.l the recent revolution it had swelled to nearly $200,000,000; and as forces from Cuba and Cuban waters, and shall leave that republic and her people to their own enjoyment of life, liberty, and the pursuit of happiness: Spain charges to Cuban account all the expenditures which are Therefore, made in the prosecution of the warfare, it ha') now become nearly Be it resolved by the Senate, That the President of the United States is five hundred millions, not all of which, however, is represented urged to notify the Kingdom of Spain that if Spain shall fail to recognize the independence of the Republic of Cuba on or before the 4th day of March, by bonds. 1898, the Government of the United States will on that date recognize the Mr. President, I charge now that the purpose of the Adminis belligerency of the Cuban patriots, and will within ninety days thereafter tration in delaying action is in consonance with, if not in direct assert the independence of the Republic of Cuba. copartnership with. the will of the Spanish bondholders, who are Mr. CANNON. Mr. President, as I entered the Senate Cham determined that before Cuba shall be allowed her freedom in the ber this morning, I obtained a copy of this morning·s New York world, and before there shall be recognition of her independence Herald, which contains an article telegraphed from Washington by Spain, there shall be security upon that blood-stained island by the bureau of the Herald here from which I will read some for the major. part of the debt which has been incurred by Spain. words as an introduction to the remarks which I shall make on There are not wanting evidences of this. There appeared in the pending resolution. an American newspaper a few days since-a paper which can not Under headlines which state that the President is displeased at b.e charged with Cuban sympathies, a paper which has access to the exhibition of jingoism in the Senate this expression occurs: the purposes of the Administration now in power-an article It will be well understood here and in official circles abroad that nothing which substantiates to the letter the statement which I have made. more harmless than talk will result. The President very much deplores this agitation at the present time. It is regarded as unfortunat.e that just when In the TribuneJ of Chicago, under a Washington date line of Feb negotiations for the proposed new commercial treaty with Spain are ~etting ruary 3, this statement is made: under way members of the Senate should pursue a coursa. which mignt seri Secret negotiations are now actually in progress between the State Depart ously embarrass the Administration in the pending negotiations. ment and the insurgents in Cuba looking to a stoppage of the war on some financial basis, to be agreed upon hereafter. President McKinley has not The New York Herald is usually very accurate in its news and recognized the insurgents as belligerents, and he can not therefore treat in its obse:x:vations upon the sentiments of the administration of with them o:penly as he would do with a diplomatic representative of an inde affairs in this country, and I take it that I am not going too far pendent natiOn. when I accept this statement as being the view of the Adminis Direct communication has bsen had between the in!lurgents' government and the Administration here. The insur~ents expressed perfect willingness tration at the present time. to assume a reasonable share of the Spamsh bonds issued against Cuban rev Mr. President, at the threshold of the new movement for a enues. The proposition has been considered with some favor, and the Presi recognition of Cuba, I desire to say that it is not my purpose, and dent and his Cabinet have discussed several plans for guaranteeing the Cuban so far as I know it is not the purpose of any Senator who shall debt on the sole basis of independence. address the Senate or who shall speak to the country on this ques At a further point in the article the statement is made that tion, to disturb in any way the peace and welfare of the people of The United States will be in a position to offer Spain a. heavy financial the United States or to interpose any remark in criticism which bonus for giving up the island. can in any manner deflect from its progress toward success any Mr. President, Cuba has bought her liberty with blood. The policy which the President of the United States has in mind at hundreds of thousands of people who have perished there in this this time for the honorable settlement of the Cuban question and last struggle for liberty have offered up their lives in payment of the establishment of the dignity of this Republic. the purchase price; and for the United States now to join with Mr. President, there is another phase, howAver, to this question Spain or to ;force the patriots to consent to ariy purchase of the as raised by a great and powerful newspaper. By what authority independence of Cuba by the payment of money is like robbing does any public journalist declare that nothing more harmful the dead. The United States can not afford to maintain a policy than talk will result from the agitation of the Cuban question in by which the insurgents-as a last re::::ort, to protect the wives and the Congress of the United States? What access has the New children of the island, to protect the men and the property-must York Herald, or any other paper, to the purposes of this Admin~ consent to give gold to buy that wP,ich is already theirs. ---- 1898. OONG RESSION AL RECORD-SEN ATE. 1575 A -sufficient apology for bringing this subject before the Senate devoted island has demanded such recognition, under the state and before the country again at this time is found in a letter writ ment and the firm belief that with it and with the equal rights ten by Gen. Maximo Gomez to a friend in this country under which it would give to Cubans in this country and in om· waters recent date. I shall read it here for the purpose of showing to the island would soon be free. the Senate the spirit which animates that great leader in the field Mr. President, if the Chief Executive of this nation when he and which actuates the Cubans, that, if possible, his view may came into power could have dreamed of strength and authority find some echo here in the recollections which we have of the greater than that which any man bad ever enjoyed in our history, mighty deeds of our ancestors. He says: he could not have conceived in his most ardent imagination greater MY DEAR AND R ESPECTED FRIEND: I wrote yon before Mendez's depart opportunity than that which now exists in him to set a people ure. He took with him letters in which I related to you everything that had free. One word will do it. The bare signature of his name to a happened of importance. I do so now, because it is vroper that you should know and by m en such as I, that w ould not stain their name with falsehood, declaration of belligerency will do it. tha t General Blanco, knowingly. or deceived by his subordinates, is carrying What hand is it that stays William McKinley from signing his out a m or e infamous policy than General Weyler. The lat ter killed and pil name? What whisperis it that says to him, "Wait"? There has laged by daylight, and his orders and decrees were well known, and in his in case it could be said, "forewarned is forearmed." But General Blanco, n ot never been the suggestion of a movement in behalf of Cuba two withstanding his deconcentrat ion, persecutes some families while he leaves years but that some one has said, "Wait just a little longer and others alone ; destroys the plantings of those who had remained on their the Administration's power will be seen, the great purpose which ranches while he proposes to establish zones of cultivation around towns and has been cherished by the President will be made k:1.own, and forts where nothing but thistles can be raised. This &¢.culture has no direction or system, no definite plan, and no m eans Cuba will be freed without danger to the United States." We to carry 1t into effect. It is an illusory and almost a cruel reconstruction. have waited while Americans confined in prison have been starved It is a system by which a peoplewhoare willingtdbesayed arecopdemned to and tortured and assassinated. We have waited, as was said in a fruitless and barren labor. I do not know whether this slavery IS not worse than the slavery of old of the colored people. another hall of legislation not long since, until all American prop The m en who are found getting cattle for their families are deprived of erty in the island and commerce with the island have been de the cat t le and killed. Anyone can imagine how many such cases occur, the stroyed. We have waited until war itself has ended and until eount1·y people confiding in the flag of peace so treacherously waved by Gen eral Blanco. He protect s and takes advantage of the traitors and assassins, starvation has begun. Our cup of waiting is full. as he is presently d oing with the assassin and traitor Antonio M. Guzman. Mr. President, on the 13th day of January, nearly a month ago, If Angiolillo had escaped after his attempt against Senor Canovas and sought a 1·esolution of inquiry was directed by the Senate to the Presi refuge in our ranks, hoping to save himself, he would have been sadly mis taken, because justice would have been meted out to him here as it was done dent of the United States, asking him to inform the Senate, if not in Madrid. incompatible with the public interests, what power of the United We can not associate with criminals, for that would be to stain the flag of States was being exerted to protect the lives and property of Amer liberty and order which we have waved in our glorious field. The Spaniards, on the other hand, laying aside all consideration.<> of honor and digruty, profit ican citizens in the Island of Cuba. No response has been received by everything against the Cubans. The best and most intimate friend of to that inquiry; no answer in word or deed has been made by the Generals Pando and Salcedo is to-day Antonio M. Guzman. But there is Executive. It is an astonishing thing-almost an unparalleled more. The Spaniards with the greatest cynicism accuse us of cruelties and insults to our fanrilies , as they have just said, referring to our capture of the thing-that the Executive should not at least have answered that town of Guisa. Let the Cuban beware who would attack a woman, a child, he could not reply in terms without doing something which was or an old man I To punish him the authority of a general is not needed, be incompatible with the public interests. The resolution of inquiry cause we would all rise against such criminal, and at once public opinion and passed this body unanimously. The Executive has treated it with the law would fall on him. The families within our camps as well as outside we consider as flesh of that contempt of silence with which the question is treated under our flesh, bone of our bones. They are the special object of our care, and as the despotism of another branch of the Federal Congress. to myself, I can sar that in every Cuban woman I see Bernards. Toro (my It has been no answer to the American people to send the Maine wife) and Clemenc1a Gomez (my daughter). But it is not thus with the Spaniards. They have sworn war and extermination to everything that to Cuban waters. For twenty-four hours the people of this coun · breathes in this land, and Blanco, the same as Weyler, although by different try were exultant in the thought that the power of the United systems, goes to the same end. Blanco comes to deceive and corrupt. H e States was to be made manifest, but almost instantly there was a puts his triumph not in the force of arms, which have been useless, but in the force of d eceit. of infamy, and of bribery. The Spaniards could not kill us revulsion of feeling, because, instead of the Maine's appearing as in a fair struggle in the field of battle. They now offer great rewards to a friend to the Cubans, it was made to appear that the visit of those assassins who, masked as friends, will-come to our midst to suppress, by that war vessel was in compliment to Spain, and the flag of the whatever means, those whom they callleadersl It is necessary that you should make the civilized world acquainted with United States was dipped to the banner of the tyrant. It is no such infanries. answer to the American people to send the fleet to Key West. .All The protest written by those exiles against the pretended autonomy has those things, if they mean anything significant for the Cuban peo pleased us very much. And although there is not here one single soldier who thinks of such ridiculous proposition, our enthusiasm has been increased ple, are provocations of war, and the most ardent Cuban sympa when we have read of the firmness of our brothers across the seas in also up thizers in the United States do not wish to see war with Spain for holding the principle!'! for which so much blood is being daily shed. The win the redemption of the island. We have believed from the begin ter campaign has already commenced, with advantage for our arms, and, as I have. already informed you, without any optimism., we have the war well ning that the Cubans were amply competent to win their own in band throughout the isla.Ifd, and it will be materially impossible for Spain freedom if tliey could have the same rights here which were ac to pacify the island even should she send against us 200,000 men more. Less corded to their oppressors. It is no answer, M1·. President, that will they be· able to do it when they only count with the sickly and tired there shall be under consideration at the present time a treaty for remains of the army which Weyler has left, together with the debts, as an inheritance for Blanco. · reciprocal commercial relations with Spain. The reciprocity which You and your companions can work with calmn~ss without any precipita the American people want is such as is described in a letter writ tion, so that our directed affairs will turn out properly; as to those who are ten by Col. Melchor L. de Mola, Gene1·al Gomez's chief of staff, here, you will notice that we continue to fight without weakening. Do not worry if you hear of surrenders; they are of those who do not have courage, from the field on a recent date. He said: virtue, or prestige, and they do not subtract strength from the revolution; On the beautiful morning of the 22d of December there arrived at the they are so many less mouths to feed. general headquarters of the army the consul of the United St ates at Cartha Yourfriend, MAXIMO GOMEZ. gena, Mr. Rafael Madrigal, who came in representation of the consul-general Mr. President, this letter, a personal one, directed from the of the said nation in Habana, Gen. F . H. Leet to ask of the general in chief of the Cuban army the delivery of the jewelS and money belongin~ to the great general to his confidante, is a practical substantiation of American citizen Crosby, killed by the Spaniards in the battle which took the statement that war is ended there. Its tenor is a sufficient place in Santa Teresa on the 8th of March of this year. · justification for us at this time and in this way to demand a pause As Mr. Madrigal came in an official character and brought the American flag waving, he was received with our flag and music, and the honors due to in the only possible policy which is being maintained by the the representative of a foreign power which for so many reasons deserves Administration, which would be to force the Cubans to buy their our respect and affection were d one him. The reception of the American con liberties anew from the Spaniard, who does not own them. sul and his suite was solemn and moving. The flags were dippe~ and em braces and expressive phrases exchanged by the distinguished visitors and In the rush and hurry of events, bearing in mind that sixty-one our general in chief. resolutions on the Cuban question have been presented before the Mr. Madrigal fulfilled his mission in due form and revealed himself a per· American people in Congress in the past two years, we are likely feet gentleman and expert diplomat. During the days which the distinguished visitors passed in our camp they to lose sight of the one significant fact, which has existed from were well taken care of by us. · the beginning and which now exists, that the President of the This event is important a•d will have great influence, because it is the United States can by a pen stroke stop the barbarities in Cuba, first time that a legal representative of a foreign power presents himself in the Cuban camp to treat with us and to exchange salutations with an author free the people there, and relieve the island from the burden ity of the r evolution; it is the first time that the starry flag of the great which it sustains. It is almost earthly omnipotence which he Republic comes to thE' field of battle to affectionately join the triumphant possesses. A declaration of belligerency at any time since the flag of the solitary star; which implies the tacit acknowledgment of bellig erency; to think of the contrary would be not to do justice to the United war began would have brought it to a speedy conclusion, and States. would now absolutely terminate the attempt of Spain to hold possession of Cuba. That is the reciprocity which the American people want-reci Gentlemen who oppose the recognition of belligerency have procity of affection and care and support with and for Cuba, not been fond of maintaining here and elsewhere before the country with Spain. Commerce with Spain, with or without this recipro that the Cubans would be no better off after the granting of such cal or other treaty, may well pause for a little time. Our com recognition than now. It is significant that every friend of Spain merce with Cuba free is of more value to the American people, is in this country has protested against the granting of belligerency, of more profit to our toilers, is a greater enhancement of the in and that every friend of Cuba and every sympathizer with that dustries of agriculture and manufacturing in this country, than '1576 CONGRESSIONAL RECORD-SENATE. FEBRUARY 9, ·all our trade with Spain, on whatever basis it might be established. Spain to buy munitions of war and supplies for their army and Mr. President, the resolutions now pending, the one which was their suffering people, while at the same time our selfish com· read from the Secretary's desk this morning, and the still more m~rce has made its exaction of extra blood money from the pa. striking one presented by the Senator from illinois [M;r. MAsoN], tnots for every rifle and all the munitions of war which it has and the amendment proposed to the consular and diplomatic ap secretly sold to them. Every express company and every skipper propriation bill by the Senator from Nebraska [Mr. ALLEN]-are of a craft which has enagaged to aid filibustering between this not unnecessary. It is true that this resolution or the one pro country and the Island of Cuba has taken a deadly toll, until posed by the Senator from Illinois will not, if either shall be pa.ssed each rifle which has come into the hands of a patriot in the field by the Senate of the United States, be a recognition of belligerency. has cost the Cubans $200. It is also true that the President of the United States would be I stated that $1,000,000 would enable the Cuban patriots to put under no obligation to announce this great right to the Cuban an end to the struggle or the appearance of a struggle. If Cuban patriots, but it is also true that the Senate of the United States belligerency were granted by the people of the Onited States, at can discharge its responsibility by renewing its affu·mation of this hour the Cuban patriots could buy enough munitions of war justice to the struggling patriots. If offense must come, let the with the small funds at their command to drive the last invader responsibility be upon those who commit the offense. If the from the island. House of Representatives shall refuse to adopt any resolution, and Mr. President, we have pursued a policy on this question that if it shall be in the power of the distinguished Senator who has is little less than infamous. In 1823 we notified the countries of control of the consular and diplomatic bill to prevent a hearing Europe that all hands except those of Spain must be kept off or a vote in the Senate on the proposed amendment of the Senator Cuba. To-day the Christian sentiment throughout the world from Nebraska, let the responsibility rest where it belongs, but, outside of the United report of the special commissioner of the "!Jnited S~ates ~o t~e has been laid upon any man or upon any pound of powder shipped International Exposition to be held at PariS, etc.; m wh1ch 1t to the Spaniard to kill the women and children of Cuba. [Mani~ requested the concun-ence of the Senate. festations of applause in the galleries.] The message also announced that the House had passed a con~ Let me at the outset be understood. We are charged with current resolution to print for distribution by the Department of seeking to annex Cuba. Every time we are criticised by the Labor 3,500 additional copies of the Second Special Report of. the space editors in this country we are charged with attempting to Commissioner of Labor, comprisirig the labor laws of the Umted steal lands. The original jingo may have been for the annex~ States and of the State and Territorial governments, etc.; in which ation of territory. I am not of that class. I do not want one it requested the concurrence of the Senate. square foot of land. I have never voted for the annexation, I do W A.R IN CU:SA.. not know that I ever will vote for the annexation, of a square foot of any land outside of the boundaries of this country. We Mr. :MASON. Mr. I ask the Secretary to read, ( President~ leav~ are not seeking that, either in this resolution or in the past reso~ inO' out the preamble, just the short resolution following the pr~ lutions. a~ble , t hat it may be fairly heard and understood by the mem It is a favorite charge, reiterated by those who have spoken bers of t he Senate. again and again, and by the Senator from Maine as he sat down, The V I CE~PRESIDENT. The Secretary will read the resolu~ that we seek war. My resolution is for peace, and we have the tion submitted by the Senator from illinois, as indicated. power to compel peace. One word frvm this Administration Mr. MASON. Just the close of the resolution, "Resolved," etc. would bring peace to the continent, and we believe that , under ·rhe Secretary read the resolution submitted ye3terday by Mr. the providence of God, it would bring independence to Cuba. MA.soN, us follows: We a1·e not seeking war. We do not expect it. We are not B e i t 1·esolved by the Senate of the United States, Tl!at the .President c:>f the afraid of it. V'/e are asking for peace from a power that is able United States be, and he is hereby, requested to notify Spam an.d the :msnr to command peace. The history of the Inquisition has been put gents of Cuba that the war (so called) must at once cease and. be d:i!!co~tmue d, and that the United States of America hereby declare and willmamtam peace to shame. The thumbscrew has been applied. The scourge and on the Island of Cuba. \ . the rack have been used to break the bones of the living and tor~ Mr. MASON addlessed the Senate. After having spoken for tm·e them as they died. The pincers that tore the flesh from the twelve minutes, · living bone have contributed their share to the carnival of cruelty. The VICE~PRESIDENT. The Chair will state to the Senate Three hundred thousand people· made in the image of God are rot~ that the hour of 2 o'clock has arrived and the unfinished business ting in their graves; three hundred thousand mo;re are ~tarving before the Senate is the bill (S. 94) to provide for the Twelfth and in their march to the grave, and we are charged With seeking war subsequent censuses. What is the pleasure of the Senate? when our only cry is peace. In the mercy of God, peace! Mr. HALE. I do not want to object to the Senator from llli~ Mr. PresidPnt, let me see whether I have overstated the gentle~ nois goinO' on and completing his remarks; but if the Senator is man who bas just taken his seat and who applauds, as I do, all that willinO' t~ state, What does he propose at the end of his remarks the President has done, but not what he has failed to do. Let me shall be done with the resolution? see wheth er or not I have overstated this question of extermina~ Mr. MASON. In stating my purpose I will be perfectly frank. tion. Let me see whether I shall be charged upon this floor now I will endeavor to be as frank as I can, and it compels me to say with repeating the details of newspaper men without authority. that if I had my way about it, .I shou~d like to P.ut the resoluti~m Let me read from the statistics gathered in an unofficial or rather on its passage. I have no speCial desire to send It to the commit~ official way in that island: · The Bishop of Havana is gathering all t he authoritative reports of deaths tee, but I am undoubtedly compelled to do so from the force of in Cuba for t he past year. Tho priests of all t he p ar i3h es r eport to him the circumstances, and therefore I consent. number of persons who h ave die4 in their dist_ricts fr o:n f a~i~e, epide~i~, Mr. HALE. Of course I could invoke the rule, as the second or war. The Archbish op of San tiago de Cubs. lS co ll ect~g _sumlar sta~t stiCs day has expired at 2 o'clock, that the resolution shall go to the at the request of the Bishop of Ha.v~na, and up to th1s t rme, accordi.ng ~ trustworthy information, t hey have found that 500,000 persons have died m Calendar; but I do not seek that- Cuba in this short time. Mr. MASON. I understand that. Mr. HALE. In what time, Mr. President? Mr. HALE. With the understanding that at the conclusion of Mr. MASON. This is in the year dating from December 12. the Senator's remarks the resolution shall go to the Committee on Mr. HALE. That is 33 per cent of the entire population of the Foreign Relations, I hope the Senator will be allowed to continue island. · and that- Mr. MASON. Yes. :Mr. MASON. I had no doubt it would be so referred. I accept. Mr. HALE. I do not know what the Senator is reading from, Mr. HALE. And that the regular business be informally laid but I do not believe it; and no statistics can be furnished and no aside. authoritative statement to bear it out. That th~r e have been many The VICE-PRESIDENT. Without objection, the unfinished deaths and much suffering is undoubted, but tl'1e statements that pr~ business will be laid aside and the Senator from Illinois will 33 per cent of the whole numbe~ of tJ;e i}iliabitants of Cuba have ceed. perished by reason of the rebellion w1thm the last twelve months Mr MASON. Mr. President, I have hesitated long before mov are simply monstrous. ing the present resolution, not because I doul?ted its correctness Mr. MASON. That is what I say. or its right.eousne:;:s, but because I feayed ~hat m my poor ~ffort to Mr. HALE. No man can believe them. They are monstrous assist the Cubans to independence I might m some blundermg way in their incredibility. No man can believe them. If the Senator injure the cause which I hoped to assist. I feel, however, such himself for a moment will reflect upon the extent of the statement abiding faith and confiden~e in the high se~e of jus~ice that ani that out of the whole population of Spaniards-- mates the heart of the President and those m authonty that I am Mr. MASON. I have stated it, and that is the reason why I am compelled to move the resolution aJ?-d make th~s fight fro~ a sense here. of duty which I can no longer res1st, happy m the consc10~n~ss Mr. HALE. That out of the whole population of Spaniards and that if I shall make a mistake the censure and the blame Will fall Cubans and colored people one out of three has died within the upon me and not upon the cause of Cuba. last year. then, Mr. President, he will believe anything. I deny, as charged by the Sen~t~r froJ? 1\l~ine [~ . HAL~], that Ml'. MASON. I shall show to the Senator that in some com~ it is an attempt to put the AdmmlStratwn m. l~adin~ strmgs. I munities 50 per cent have died, Oil;e in two, instead of on~ in ~hree. have followed the political fortunes of the AdmmistJ:atiOn, so called, [At this point Mr. MASON ~as mterrupted by the exp1ratio.n of and am proud of it; but us I understand the reading of the Con~ the morning hour, and unammous consent was asked and given stitution of the United States and as I understand my duty here him to proceed.] every man who holds a seat upon this floor is a part of the Admin~ Mr. MASON. Mr. President, lam somewhatsm·prised that the istration and has some duty to perform. Senator from Maine even admits that there has been any serious If I may be allowed to reply to the Senator from Maine, he may sickness or trouble in Cuba. not be advised that there are many American boys who have left Mr. HALE. What is the Senator reading from? this country and gone to fight with the Cubans. . I know them Mr. MASON. I am reading an extract from a paper. Now I personally and I will furnish him some of the1r names and do nottranslatetheSpanishlanguage-the Senator perhaps does addresses. andicannotpronounce thenameof.thispapel~, which i~ aSpanish Mr. HALE. I should be very glad to have them. . reformist newspaper, interested now m supporting C aptam~General Mr. MASON. I will give you twonowthatiremember. Oneis Blanco. the son of our old collea!!"ue, Mr. Funston, in the House, and an~ Mr. HALE. It is a newspaper? other a young man by the name of Rhody, who lived in the city Mr. MASON. It is a newspaper, but it is friendly to the cause of Chicago and became a major in ~he insur~ent army, ~n.d who of Spain and it is not dealing with any question except the phys is a son of J. W. C. Rhody, of the city of Chicago. But It Is ~T"!le ical sitrui.tion of the inhabitants in this particular town. That that but few have left. It is also true, as shown by the Adnnms~ paper says: tration's messages to this body, that millions of dollars have been '.rher e is not a single physician in tho town an4 th~ pe?ple are dyi ng wi.th spent to keep men and guns and ammuniti~n from going from out treatment. WhatlS called the zone of cultivatiOn lS a myth. Nothing this country to fight in the cause of Cuba: while not one embargo of the kind exists. - 1898. CONGRESSIONAL RECORD-SENATE. 1579 That is as far as I care to read upon the question of the situa- his profession to be regarded as one of the most reliable reporters tion there from that particular paper. and editors in the United States. Under date of January 12,1898, Mr. HALE. What was the town referred to? he writes, covering this situation, and in order that we may get it Mr. MASON. I will have to read the whole extract to get it. all properly in the Record, I will ask permission to insert in my Mr. HALE. The Senator need not do that. It refers to a par- remarks that part of the article which I do not take up the time ticular locality? of the Senate to read. · Mr. MASON. Yes; I will read it: Plain questions call for plain answers. Within sight of this capitol, in the neighboring town of Managua, the con Says Mr. Pepper: dition of affairs is really horrible. Inquiries reaching me from the United States are pointed. They show a. There is a statement also in the newspaper as to the. condition strong desire to know the truth, and when known not to run away from it. In seeking to state the situation as now presented, I trust to do so with a. of the people who are dying without treatment, but I purpose to proper sense of the responsibility that would attach to misleading state show that further, from the statement of Mr. Pepper, who is in ments or to conclusions not warranted by the facts. that country now~ and whose reputation for veracity and good Is Cuba lost to Spain? The form of the guestion has to be shifted. When the Sagasta ministry came into lJOWer the view taken was that the policv of conduct and character in life had never been questioned by any Canovas and Weyler had lost the Island, but it might be won back. Autonomy one who knows him. I think the Senator knows him personally. was adopted as the colonial policy,andBlancocameoutcharged with the duty I will reach that a little later on. of winnmg Cuba back to its allegiance. The test of his success is an inexcus Mr. HALE. I wish to say to the Senator, if in dealing with con able one. Pacification, the resumption of peaceful industries, the disintegra tion of the revolution, and the acceptance of the new political system would ditions in Cuba he is quoting simply from correspondents of news be their own witness. Malcontents could not long hold out against evidence vapers, that no matter what worthy gentlemen may be engaged which would in itself be convincing. On the other hand, the absence of such m that business, I do not and no one will take them for official evidence can not be covered up or dis~uised for a long period. That the first promise failed was qmckly shown. Spain, after reversing on statements. There are two sides to this question from the corre paper the Wayler plan of concentrating the country population, has been spondents. I should hope, if the Senator puts in the statements of unable to feed the people whom she yet claims as her subjects. Nor is the Mr. Pepper, who is a correspondent of the Washington Star, that scheme of apologetic relief through the American people showing better results. A raindrop of comfort in the ocean of wretchedness is all that comes he will also put in the statements of Mr. Richard Weightman, of it. who is the correspondent of the Washington Post, who has been HOW TO SAVE THE SUFFERERS. months there and who we know can make and did make authori And under that head he takes up the number of deaths in Cuba tative statements . . Those statements simply offset one the other, during the last twelve months. and do not disclose to us the real conditions. The conditions are Since this is one of the topics concerning which definite word seems to be bad enough down there, but they are not as bad as the Senator's wanted, a brief digression may be permitted to describe the condition and the figures would make them out. needs of the starving remnant. The ouly way to save the survivors is to stop the cause of their misery. The commissary department of the United States Mr. MASON. I will discount them 50 per cent, and then you Army within a week could organize a system that would feed these sufferers, ought to vote for the resolution that I offer. nurse them back to health, and put them iu condition for physical labor. Mr. President, my purpose in stating this is to show the real Spanish administration could not do it in a century. Eighty thottsand, per haps 100,000, will follow the 200, coming. They have defeated the Spaniards in the field, and now, Mr. President, I do not care what your religious faith may be. with the starvation of women and children, the hope remains only I, who have studied in a modest way the evolution of nations~ am that the leaders for liberty may be bribed by the general who is here to say to my colleagues in this Senate that there iB no vicari not fearful of bribing, but never has been known to meet them in ous atonement for a nation's crime; no suffering on the Cross of the open field for fight. Calvary will lift the shadow of the law of compensation. For a ___:f But we are told that this may involve ourselves; that if we de hundred years we set our flag in the sky, and said: "This is the l niand peace in Cuba we may get into trouble. That is the answer land of the free and the home of the brave," at the same time sell the coward policeman always gives when he permits a bully to ing women and children to the highest and best bidder for ca.sh. ~ destroy a crippled child. But, my friend says, "Is Uncle Sam a No picture could be painted of the genius of America wherein the policeman?" Yes, yes. This is not couched i\the language of whipping post and the slave pen did not rear their heads, no mu international law; but it is international law. Uncle Sam is a sic of the Union but what was discorded by the songs of the slave. policeman. Monroe put the policeman's star upon his breast and It was not the fault of the South; it was the fault of our country. gave him charge concerning a continent, and all history shows The Supreme Court was as much my court in Illinois as it was that every time Uncle Sam has said to the people who attempted yours in South Carolina; but we committed a national cl'ime, and to interfere in Hawaii, in Mexico, in Cuba, or anywhere else on the law of compensation demanded settlement. this continent, he exercised his power as a police officer, and To be sure, we tore down the slave pen and the whipping post, the people of this country haive stood behind him with the Army but we did not have material enough to make headboards for our and the Navy and the TI·easury of the Govarnment~ Less than graves. On this continent it was written by a little American two years ago, when England sought to gather but a few miles of nun that in Cuba there are starving and naked women and chil tenitory in Venezuela, Grover Cleveland gave notice to them to dren, while the bucket shops and the money loaners· are sending stop, and pointed to this doctrine of Monroe (which I am pleased insulting telegrams to me to-day asking me to consider the price to call the police powers of the continent), and when the Presi of wheat and pork in my own State. I say to you with the dent of the United States, Mr. Cleveland, served that notice upon picture of starving women and children before me, I have no England and told her that she must keep hands off Venezuela, he heart to look at the price of pork in illinois. [Applause in the simply acted as a p.olice officer. All Christendom said "amen," galleries]. and England consented to the truth of our position and contention Perhaps the Senator would like a certified copy of the letter and when she arbitrated as to Venezuela. the lady's address. If Senators will go further and read the re This fight to-day, Mr. President, does not involve territory. It ports as to what is being done in Cuba, they will see that action involves the lives of dying men, women, and child,.ren, murdered has been taken along the lines of charity to help that particular nd starved by cowards under the guise of war./ The appeal of locality. my resolution is that this Government, 70,000,000 strong, with Our Children of Mary are perfect heroines, but only the older ones can police powers over this continent, shall say through the President enter into this den where the government has concentrated the country peo ple for the purpose of making them die from inanition. Their iniquitous that the Monroe doctrine is a lie, or that we shall rise in our might plan is a great success. After having passed weeks without food, thev are and say to these people, both to the insurgents and to the Span brought salt, codfish, or rice, and in eatmg ravenously they die. • iards, "Peace, be still." When that demand is made, there will A PLACE OF HORROR. be no more war with Spain than there was with England when we asserted the right to police the continent. There were a few Now, we could fill books with the horrors of this place. preparations; there were a few telegrams and cablegrams, but I am glad the Senator from Maine is not here. His sensitive the President of the United States, backed by the conscience of constitution might be shocked when I read this : , 70,000,000 people, said to a foreign country, "Stop; you are on Its history will yet be written. Our "Children of Mary," their husbands and frien~J and our good bishop, with many of the clergy, are hard at work this continent; you are trespassing beyond your limits, for we trying to aueviate this unheard-of misery. But it is almost impossible to aid have the police power;" and the strongest nation in the world so many. The Cubans are very charitable and generous, notwithstanding hesitated, stopped, and by the direction of this Government ended the poverty of everyone. They are wonderful! They have stripped them selves of everything to cover the naked, for naked they are, and living to in peace and in arbitration the question as to Venezuela. But gether packed as are the anima.ls in transportation ears. Just sol Just so! here to-day we are tol that we might be involved. I answer Do you understand? Can you imagine worse? And the filth! It can not be that we are involved. told. One more sample oft e war in Cuba. I have the original letter, There are in this place over one hundred little children without fathers or mothers. Nobody takes care of them, and some die daily. A woman who had but I shall read a copy of it and will furnish the original if any 11 children bas lost 7 in 3 months, and she is now dying of inanition. gentleman doubts its authenticity or its truth. It may not be that Our "Children of Mary" have beg~ed and are begging from door to door 33 per cent have died; it may not be thatlOper cent have died. I (those who can not be permitted to vtsit Los Fosos). Hundreds of garments have already been distributed. Two hundred beds have been sent for the believe the statement made by Mr. Pepper, because it is a conserva sick and dying. Some of our ladies go to wash the room, which is a perfect tive estimate of a conservative man; but let me read yon some of dunghilL the delightful situations in Cuba since this mild-mannered bribe I promised these ~ood ladies to appeal to my friends and old pupils in New · York for old clothing for men, women,and children, especla.lly for young giver has taken possession of the island. This letter is addressed babies, for alas- to Mrs. McGinnis, No. 40 East Seventy-sixth street, New York, who consents to having it printed. It is written by a nun, an American Mr. President, hear itt girl, who was a teacher in this country before she became the For alas- mother superior in this institution in Habana. Mind yon, this is Says this poor unfortunate woman- written since the new captain-general has taken possession, since they continue to arrive unexpectedly, and perhaps we might save some. the money that he took from the treasury of his country has been Those who fear war, those who watch the markets and the squandered in attempts to buy the soldiers of the republic. tickers and the bucket shops, those who fear for the disturbance HABANA, October ~5, 1897. of prices, tell us that war is hell. All right. In Cuba it is worse MY DEAR CHILD: Yesterday your most generous and opportune gift than hell. Dante with all his word painting never has described was received. With what eagerness we opened the box of food so kindly Los Fosos. With his cruel pen he tortured the sensitive, shocked sent by you! In fact, we are very badly off for food and other necessaries, but our mother from Mexico intends to help us a. little. and startled tlie world and satisfied the cruel, but in the supreme The war has destroyed the country and the population; but others have moment, although he saw naked, writhing, burning women and become very rich by it and do not wish the war to end. men he never dreamed to portray the cruelty of bringing a baby Let me ask the Senator from Maine, who was defending to-day from its mother's womb into Los Fosos, the inner recess of hell. the course of Blanco, whether he did not defend the course of And this is war; this is Spanish war; this is the war which the Weyler when I was on the floor some months ago, and has he not Republican party promised to stop ; and I deny the right of any moved from that diplomatic position so that to-day he joins with one to be a better Republican than I am, whether he sits in the the President of the United States and with all Christendom in White House or in the Senate of the United States. [Applause declaring Wayler to be a. brute and a fiend? in the galleries.] If I only could have two hours' conversation With yon! Oh, what horrors Mr. CHANDLER. Mr. President, I rise to a question of order. I could relate! Such as will never seem ~ossible when people shall read of I am in entire sympathy with the spirit of the remarks of the ~~:me~ff;rfi~:n~ l£~6et~~~~~.Y wnte some of it, and when I have the Senator from Illinois, but I know what the rules of the Senate are_, The war is cont~uing its work of destruction. Ca.ptan General Wayler's and I ask the Chair to give notice to the occupants of the galleries plan was to starve as many as he could and thus do away entirely with the that expressions either of approbation or disapprobation are not t-"uban race. He has succeeded in killing thus hundreds of thousands, with out exaggeration, by the compulsory law of concentration. allowed. Lately some of our older pupils discovered a place called "Los Fosos." The P~ESIDING OFFICER {Mr. MANTLE in the chair). The I hope Senators will remember this name-Los Fosos- Chair admonishes the occupants of the galleries to refrain from w hich means "the ditches," because it is a low and marshy place. There over any demonstration. Otherwise the ushers will be instructed to a thousand women and children of both sexes are living abandoned, unknown, clear the galleries. The Senator from illinois will proceed. and starving. Many are perfectly naked; all are h eaped up pell mell 1 They Mr. MASON. Mr. President, one moment we are charged with have been there nearly two months. Of their number, fifteen to twenty or thirty die daily. being for war and the next with being soft-hearted sentimental At night there is no light, and in the morning the corpses and living are ists, because we seek our party to keep its promise, because we found together. stand in line with civilization for peace and the growth of the 1582 QONGRESSIONAL RECORD-SENATE. FEBRUARY 9, people of the continent, because we insist upon a strictly broad approval of every honest American-that " forcible annexation and, if necessary, a new construction of the Monroe doctrine. by our code of morals would be criminal aggression." I propose The world moves. We can make history and we can make prece to show you now a few samples, as briefly as I can. dent. The precedent that is made along the line of liberty and Remember that we have always taken this position under the . civilization will live when we are gone. A precedent that we es Monroe doctrine-we have enlarged the .1\Ionroe doctrine to please tablish that is against the line of civilization and good conduct Spain. We have said that Spain should always control Cuba, will die when our betters shall take our places. unless she accomplished her independence or unless we bought I like precedents just as well as any one when they are on my her from Spain. We have, in other words, limited in. a measure side of the case. "Sentimentalists," they say; ~'you want us to the true Monroe doctrine to assist Spain, and in return we have re go and interfere in other people's business." All right, I am a sen ceived the curses of Spain, and in all diplomatic efforts with that timentalist. I do not deny it. The world without it would not country we have been met with fraud, delay, and deceit. be much. The Boston Tea Party was a sentimental party, not a During the war of the Revolution, when we were insurgents social function, as I remember it. This Government was estab fighting for the same thing that the Cubans are fighting for, Mr. lished on sentiment, and it was a sentiment that sent yon here and Wharton shows that Spain took three different positions in our sent me here, to represent a principle. Sentiment laid the foun case. She first sought to keep us disaffected, but subject to Great dation of this building. Sentiment writes the laws, but when Britain. When independence was the issue, she avoided us, fear we get away from the moorings of sentiment, when we take the ing that liberty would invade her colonies, and though she after bucket shop and worship it in the joss house, when before we vote wards tendered her services as mediator, the whole correspondence we listen to the ticker to know the state of the market, when the shows the usual lack of common honesty and sincerity. vicious people of the nation write the songs and the trusts and the Spain hates the idea of a republic to-day as much as she did bucket shops write the laws, the dawn of our day of decay is upon during our Revolution. The message of Washington to the Senate us and the night is not far off. shows the futile attempts made by commissioners and otherwise Mr. President, I am a sentimentalist. You people on the Dem to settle differences with Spain, the navigation of the Mississippi ocratic side have not forgotten the sentiments of your party, nor River, and the running of the boundary between the United we ours. One of the proud and happy considerations of life is to States and the Spanish territory of Florida. . read the history of my party, which is a part of my faith in life. The second message of President Adams recites to Con~ess that The first platform of our party was an inspiration for liberty. Spain refuses to withdraw her troops from our territory, and in his The Republican party has never written a platform with a view first annual message President Adams regrets that ''Spanish gar to capturing votes. God help us if at this late day we will go to risons still remain within our boundary." the Ame1ican people who put us in power in the White House Congress, replying to the President (that is one of the privileges and in the House of Congress and say to them, "Truly, we have from which we have been cut off; we can not answer a President's broken faith, but the resolution was for buncombe, to get your message the way they used to in olden times, except on the floor, votes in 1896." Did we mean anything by our platform when and each individual Senator must speak only for himself), said we wrote it? What in the name of God have we done to keep Congress regretted the actipn of Spain and that "the United our promise except the Senate has passed the belligerency right States have been faithful in the performance to Spain, and had resolution, and it is not certain whether or not he will pass it at reason to expect a compliance equally prompt on the part of that the other end of the Capitol (Laughter). I should have said" it." power." But a few days ago a Senator whose face I have been looking President Jefferson in 1805 sent a message to Congress calling into during the course of my remarks and whom I can not call by attention to the convention for the adjustment of. the spoliation name by reason of the barnacles known as Senatorial rules-that claims. He called attention to the fact that Spain had changed close the door whenever there is any good man to talk and opens her conduct toward us during the pendency of the convention. them wide when some new fellow wants to address the people-that There never was a day or a night too short for Spain to change her Senator, in my opinion, greatly learned in international law, as we mind at the proper and opportune moment to carry out her own sat entranced about him the other day after he had described the wishes. flags of the nations waiting along the coast of China to devour the It was first manifested by her protest against the right of France to alien carrion, settling a great international question of law, asked in ate Louisiana to us. Then high offense was manifested at the act of Congress his impassioned but eloquent way "Are we to become the China establishing a collection district on the Mobile, although by an authentic declaration immediately made it was expressly confined to our acknowledged f the West?" limits; and she now refused to ratify the convention signed by her own min· The blood tingled in my veins; the cords of my fingers con ister, under the eye of his sovereign, unless we would consent to alterations acted, and I felt like rising and saying, "No; by the cross of of its terms which would have affected our claims against her. To obtain justice as well as restore friendship I thought a special mission advisable, Christ, no;" but in the quiet of my own chamber, whE~n I consid and accordingly appointed J ames Monroe minister extraordinary, to come to ered the decadence of the Monroe doctrine and not its enlargement, an understanding with Spain as to the boundaries of Louisiana. when I considered that three hundred thousand people were starv It appeared at once that her policy was to reserve herself for events and to ing on the continent and we, like puppies, were afraid to bark or keep our differences in an undetermined state. After nearly five mont.hs of frmtless endeavor to bring them to some definite and satisfactory result, our protest against a friendly nation of murderers, then I thought ministers ended the conference without having been able to obtain indemnity how weak some of us were to bring about the performance of a for spoliations of any description or any satisfaction as to the boundaries of promise, and I said the '' China of the t." The ''China o the Louisiana. In a message to Congress in 1807, President Jefferson wrote: "Our differ· West"? od help us. I ~o w. Go on with._yonr.pla.n-o.L ences with Spain remain still unsettled, no measure having been taken on her cowardice. eacli your children to say, " Peac at any price." part since my last communication to Congress to bring them to a close." Let them forget the fathers an '. 1898. CONGRESSIONAL RECORD-SENATE~ 1583 young and brooding politician succeeds in preferment in propor spirit of which was held until the message came to Congress from tion as he can abuse the United States of America. Notwith the President. Here is the scheme of autonomy. We people who standing that fa-ct, which must make no difference here in the con have heard of autonomy have felt that it was going to be like sideration of this resolution, I would not injure Spain. I have no Canada, practically self-government, and the Senator from Maine disposition to do so. She has no monarch. Her people are largely says more liberal and democratic than any other offered by a illiterate. She has no revenue, no credit. Her soldiers are con mother country to her colonies. I should li1re to have it out with -. scripts, and her captain~-gen~ral ar.e by common consent either him on that question before we finish this discussion. fiends like Wayler or bnbe-givers like Blanco. I would not add A scheme of autonomy has be-en proclaimed by decree, to b ecome effective to her shame. We do not want her land; but if it is necessary to upon ratification by the Cortes. It creat es a Cuban parliament which, with the insular executive, can consider and vote upon all subjects affecting local save the starving babies, if it is necessary to save the poor down order and interests. trodden people of Cuba to buy them before we can save them, then in the name of God let us open the Treasury of the Govern It creates a Cuban parliament, a splendid sounding word for ment and buy them and then feed them. American consumption. There is an upper house to which they elect eighteen, and the Government of Spain appoints seventeen to How is it to day, feeding by charity. Whom? Feeding the very start on. people that the Spainards ought to feed. By what right or rule Mr. HALE. How is Canada in that respect? of morality and good ethlcs does the .Presi~~nt appeal ~or food for the wards of Spain, and deny Amencan citizens the nght to send Mr. MASON. The difference between that and Canada I will food or medicine to the insurgents in the hospitals? Up to a few discuss with the Senator at some othe.r time. I will confess to days ago $15,000 had been sent to feed whol!l? I am glad that it him now that he could probably ask a g1·eat many questions I has gone· God knows I wish I could double It; but by what rule, could not answer. by what 'law, Divine or human, does the Administration say to Mr. HALE. I suppose the Senator knew on that very point. The upper house of parliament is composed by this scheme. In us ''yon can feed the P.eop~e that Spain is tryii~g to sta~~e, but we will not open commumcat10ns that you may give mediCme to the Canada the entire upper house is appointed by the Crown. dymg women and children in the camp of the patriots?" Mr. MASON. Yes. The Senator from Maine can charge me with attempting to put Mr. HALE. In Cuba it is to be selected by Cubans. That is lead strings on the Administration. I have followed his footsteps why I asked the question. Mr. MASON. It is also tro.e that Canada to-day has continued in peace and political warfare at least. No gentleman who talks in that condition until she practically fixes among her own people so can honor him as much as I do, but I have shown you what her own policy. That is also true. But in this autonomy that is Spain's diplomats have been for a hundred years, and now I pro offered, not the one that came by cablegram, because I purpose to pose to show you the gold brick they have been giving to the show that there is not a word suggested in this message that is President of the United States. Autonomy! Autonomy-sweet absolutely effective to give liberty and independence to the men sounding word. Webster says that.autonomyis the ri_gh~ of self in Cuba. I say to you now that under this scheme of autonomy a rule. That is the way Webster puts It. The Century DICtiOnary captain-general can dissolve that assembly in an hour by his own and I know my friends will congratulate me if I have not q.u Canada. She will be a good neighbor. She will take care of her America should maintain a strict neutrality between the contending :(lOWers. according to each all the rights of b elligerents in the ports and territory of women and children and will have no war with kings." Autonomy! the United States. We said it meant the yielding of some at least of the strong power Resolved f urther, That the friendly offices of the United States should be of the Government known as sovereignty to the weak power of gov offered by the President to the Spanish Government for the recognition of ernment known as the autonomist condition of a subject. But the independence of Cuba. what did Sagasta say to the Queen? He secured his influence. That was passed in the Senate of the United Stat-es in February, He settled the question at the White House by cablegram, and 1896, by the overwhelming vote of 64 to G. Why have you changed then he turned on his knees to the Queen and said, ''Oh, most Royal your mind? The House ~OTeed to it by a vote of 247 to 27. Is it Highnes!:l, nothing of the central power of Spain is diminished or still the same House? Wait! Be patient! Are there not graves lessened by the proposed autonomy in Cuba." enough in Cuba already, Mr. President? Suppose, my friends, The central power of Spain would again appoint a captain-gen that we have overstated it . No one claims that less than two eral to subdue at once the army and the navy and the courts. The hundred thousand have died of starvation or bad treatment in the cent:ral power of Spain, which represents its sovereignty, turned way of going hungry days at a time and then weakening and into the hands of an assassin like Wayler, offered to the Island of dying. No one denies that. I believe the statement of five hun Cuba, that Uncle Sam may keep still a little longer, until he mur dred thousand to be correct, based upon the statistics furnished ders and bribes a few more. TP.e autonomy is heralded by the by the bishop and archbishop of those who are buried with the President of the United States as a thing calculated to give local ceremonies of the church. Shall we wait until the rest of them government, and yet Sagasta, the minister, says to theQueen, "In march into the grave? Shall we be guilty of what they charge us nothing, nothing,is the central power and sovereignty of the Gov with now? ernment of Spain lessened by the proposed autonomy in Cuba." Let me show you the Spanish idea of what we are doing. I will Had the President read the speech of Sagasta when he said in just read a short extract from that distinguished scoundrel with his message that they are to have local self-government, or at least an itching palm by the name of Christopher Perez as he wrote to that they can frame their own budget without let or hindrance, Aranguren begging Aranguren to accept the bribes of Blanco and or to be exact in the language of the President, to frame their own offering as a reason the fact that the United States was lying low budget, both as to expenditures and revenues without limitation to steal the island and subjugate them to slavery. of any kind? Had he read then thjlt the very scheme of procla No nation- mation provided that the Cuban parliament could not pass upon the expenditure of $1 in their own treasury until after they had Says this distinguished scoundrel- not only appropriated but paid the demands of the blackmailer, does favors without value received, and if we allow ourselves to be protected it will be at the cost of our indep endence. Spain? We should not be deceived. '.l'he Yankees will absorb us, and this independ· Mr. President, I desire to call attention to only one or two other ence for which so much blood has been shed we would be compelled to recon things on the question of autonomy. Let me read from article 36 quer it against a cOtmtry of '10,000,00) people. The Government of the United States, prohibited b y the powers of Europe, is not capable of doing anythin~ this. limitation: decisive. The United States dreams that it will remain posses ors of this To the Spanish Cortes belongs the determination of what shall be consid islan ~ I I I 1898. 3 CONGRESSIONAL · RECORD-SENATE. ~ 1585 sit silently by while it goes down, it goes down in shame, and we pension of Martha S. Harllee, widow of W. W. Harllee, a soldier are a party to the shame. We know, Mr. Pr~sident, ~hat it will in the Florida war." . come some time to stay, and let us at least mdulge m the hope SUBPORTS OF ENTRY AND DELIVERY IN TEXAS. that the time is now. Mr. MILLS. I ask unanimous consent for the present considerar I think I have taken more time than I should, and I would de tion of the bill (S. 3209) making Sabine Pass, in the State of Texas, sire to say only, in conclusion, that I have no disposition to ~ut a subport of entry and delivery. leading strings on my-Administration. I am a part of the A~ There being no objection, the Senate, as in Committee of the istration of my country; made so by the people of my Stat.e. I did Whole, proceeded to consider the bill. not turn over any part of my responsibility to any other officer. Mr. COCKRELL. I move to amend the bill in line 3, after the I endeavor as far as I can to discharge all the duties; and the Con words "SabinePass," by inserting "and PortArthur;" at the end stitution which gives this body the right, with the_ other body, to of the same line, after the word '• and," to strike out ''is" and in declare war must give it right to decide all questions that prop insert "are;" in line 4, after the word "made," to strike out "a erly come b~fore Congress regarding our foreign relations.. subport" and insert "subparts;" in line 6, after the word "at," I shall permit no man to question my loyal~y to my President. to insert "each of;" and in the same line to make the word He has been honored beyond my words to tell m the hearts of my "subport" plural. children before as well as since he became President, and he will Mr. MILLS. I have no objection to the amendments. be after ~ur public duties shall have been discharged. Like Lin The PRESIDING OFFICER. The amendments proposed by the coln and Grant and many great men he has I believ:e, b~en Senator from Missouri will be stated. deceived. I believe that the proposed autonomy and reciprocity The SECRETARY. In line 3, after the words ':Sabine Pass," it are shams to deceive him and the people, and I should be false to is proposed to insert " and Port Arthur;" in the same line, after the State I represent, the party I love, and the President I honor the word "and," to strike out "is" and insert" are;" in line 4, if I did not speak the truth as I see it. after the word "made," to strike out "a subpart" and insert I beg you to und.erstand me; and if I have given offense I hope "subparts;" in line 6, after the word "at," to insert "each of;" you will take it out of me sometime and _not out of the ca~se of and in the same line, after the word •' said," to strike out ''sub Cuba. I will say to you frankly, Mr. Pr~s1dent, and to. my fnends port" and insert" subparts;" so as to make the bill read: in the Senate, I have no other cause pendmg here but this. I know Be it enacted, etc., That Sabine Pass and Port Arthur, in the State of you will forgive me. I have not been long enough among you to Texas, shall be, and are hereby, made subports of entry and delivery in the even hope to learn a~ything of the art. of statecr~,ft. I have no customs district of Galveston, and a customs officer, or such other officers, interest, apparently, many other question than ~his. shall be sta.tiuned at each of said subparts with authority to enter and clear vessels, receive duties, fees, and other moneys, and perform such other In every picture of my country I see strugglmg Cubans and services and receive such compensation as in the judgment of the Secretary their ultimate success. In the unjform of the man who surren of the Treasury the exigencies of commerce may require. dered at Yorktown I used to see Weyler's face, now Blanco's. The amendments were agreed to. Let me be fair with you and be you charitable with me. I have The bill was reported to the Senat.e as amended, and the amend no heart to turn my eyes 2,000 miles away to the west to occupy ments were concurred in. a peaceful island by acquisition of any kind, be Mr. CHANDLER. Unless some Senator isreadytospeakupon second Congress, ending 1\Iarch 3, and during the special session of the Sen· ate .March 4 to April 11. December 29 he again attended. January 4,1854:, the Oregon election case, I ask for a vote upon the resolution the Senate resolved that the Committee on the Judiciary inquire whether he which is now before the Senate. was entitled to retain his seat. January 16 the committee raport;ed the reso Mr. WHITE. Now? lution "that the Hon. SamuelS. Phelps is entitled to his seat in the Senate of the United States." It was accompanied by a minority report adverse to Mr. CHANDLER. Yes, now. the right of Mr. Phelps to a seat. Ma-rch 16 the resolution reported by the Mr. PETTUS. Mr. President, I desire to say a few words in committee waq rejected by a vote of 12 yea!l to 20 nays, and it was "Resolved, reference to the report concerning the case of Mr. Corbett claim That the Hon. SamuelS. Phelps is not entitled to retain his seat in the Sen ing to be a Senator from the State of Oregon. The question pre ate of the United States." sented by the report has been much discussed in the Senate. The The minority report in that case contains some interesting his cases bearing on the subject have been examined from the founda tory on that subject, but I shall not consume the time of the Sen tion of the Government. So far as the report shows, the case of ate in di.3cussing it. I want it understood that I am not debating Kensey Johns was the first. the question as to what ought to have been decided. I am not Mr. KYLE. Mr. President, I should like to have order, so that debating it on that theory. I am debating it on the theory that we may hear the Senator fr.:>m Alabama. Sitting so near him as it has been decided over and over again one way, and then, as it · I do, I can hardly hear what he says. is said, adversely; and that members have been seated here with Mr. CHANDLER. If the Senator from Alabama will allow me, out objection contrary to the ruling of those early cases. It is I will suggest the absence of a quorum. true members were seated contrary to those early decisions. Mr. PETTUS. I hope the Senator will not call in other Sena The next phase of the case was brought up by what are called tors to listen to a dull argument from me on this subject. the New Hampshire cases. It is claimed and asserted by the Mr. CHANDLER. I have no doubt the argument of the Sena Senator from New Hampshire (Mr. CHA "DLER] in·his argument, tor from Alabama will be worthy of any occasion, but I can not that the decision in these cases proves the correctness of the mi withdraw the call, having once suggested the absence of a quorum. nority report in this particular case. I do not consider that the I think this case concerning a vacant seat in the Senate is of suf decision goes to that extent; but it goes a long way in that dil'ec ficient importance to have a quorum of the Senate present when tion. it is acted upon. I insist upon the call. There is no use in reading the Blair nor the Bell case. They The PRESIDING OFFICER. The Senator from New Hamp are familiar to you all. They grew out of a particular situation shire suggests the absence of a quorum. The Secretary will call in the State of New Hampshire in its constitution and the act of the roll. 1866. The act of 1866 requires that the legislature elected next The Secretary called the roll, and the following Senators an before the vacancy shall fill it-the legislature elected, not the swered to their names: legislature sitting, not even the old legislature if it be in session, Allen, Deboe, Kyle, Pritchard., but the legislature elected next before the vacancy. It so hap Allison, Fairbanks, Lodge, Rawlins, pened that under the constitution of New Hampshire when these Bacon, Frye, McBride, Roach, vacancies occurred a legislature had been elected, but it did not Baker, Gorman, McMillan, Sewell, Bate, Hale, Mantle, Shoup, sit until the next year. Therefore, that legislature could not Burrows, Hanna., Mason, Spooner, elect under the law of 1866, it not being in session, and by the con Butler, Hansbrough, Mitchell, Teller, stitution of the State not to be in session until there was a va Carter, Harris, Money, Thurston, Chandler, Hawley. Morgan, Turpie, cancy.· The old legislature could not elect, although it might Chilton, Heitfeld, Pasco, Warren, have been in session, because it was not the legislature designated Clay, Hoar, Perkins, White, by the act of Congress. Cockrell, Jones of Ark. Pettigrew, Wilson. Kenney, Pettus, Now, you will observe that the Senate in the Blair and the Bell Cullom, cases from New Hampshire and in another case from New Hamp The PRESIDING OFFICER. Fifty-one Senators having an shire departed to some extent from the old ruling, by holding that swered to their names, a quorum is present. The Chair recog as the State was in such a situation that the legislature could not nizes t.he Senator from Alabama. elect, therefore the governor could appoint and appoint to a full -Mr. PETTUS. 1\fr. President, I propose to prove that the term. I have read these cases here. They are very ably argued question now before the Senate has been decided in such a way as on both sides. I do not intend to go into the argument, as I said that it ought to remain settled forever. I do not mean when I at first, but you will notice that there is a wide distinction between say the case has been decided that it has been decided once or cases where the legislature of the State could not possibly elect twice or three times and therefore ought to remain settled, but it under the law and cases where the legislature of the State was has been decided in such a way as that the Senate ought to be actually in session and ordered by the law of the United States to willing to allow the law to be known. It is nothing but a ques- elect a Senator and refused to do it. tion of law. • _ That is all that theNew Hampshire cases determine. They made In the first place, in the case of Kensey Johns, the first of the it a matter of necessity. True, they went to the full extent of election cases in the Senate, the identical question we are now declaring that a governor could fill a whole term. As I said be considering was decided, and not only decided, but in the decision fore, there were other cases where the Senate had allowed persons the Senate gave the reason for t he decision, and that reason is appointed to a whole term, who had been appointed by the gov stated in the resolution. ernor after the legislature had been in session, to take their seats without any question. A number of cases were cited by the Sen . George Read, a Senator from Delaware, resigned his seat in December, ator from New Hampshire [Mr. CHANDLER] in his argument a 1793, during the recess of the legislature of said State. The legislature met in January and adjourned in February, 1794. On the 19th of March Kensey few days ago. So this question had been variously decided when Johns was appointed by the governor of said State to fill the vacancy. It the great Mantle case ca.me up, and in that case the gentleman was determined that Mr. Johns was not entitled to his seat, a session of the who made the report in favor of Mr. MANTLE, and another, the legislatm·e having intervened between the resignation of Mr. Read and the distinguished Senator from Indiana [Mr. TURPIE], contended appointment of Mr. Johns. most earnestly that now was a chance to settle this question, and Here is the resolution: "let us settle it now and forever." That is the meaning of it. I hope those gentlemen do not belong to that class of men who think Resolved, That Kensey Johns, appointed by the governor of the State of a question never is or can be settled until it is settled according Delaware as a Senator of the United States for said State, is not entitled to a seat in the Senate of the United States, a session of the legislature of the said to their own peculiar views. I want to show exactly how that State having intervened between the resignation of the said George Read question was debated in the Mant.Ie case. and tho appointment of the said Kennoy Johns. The distinguished Senator from Massachusetts [Mr. HOAR] was That decision was made prior to the act of 1866, designating the the first to lead off in what I consider this line of conservative legislature by which Senators should be elected, but it involves wisdom, because there is no doubt in the world that you had bet exactly the same principle. Not long afterwards there were ter have a case settled and allow the people and the country to divers other cases which came up, involving kindred questions. know what the law is than to be forever debating it in this body. I am only going to call the attention of the Senate to two cases The Senator from Massachusetts, who made the report and led in bearing directly on this subject in the early period of our history. the debate, used this language, and if it means anything, it means the very thing for which I am contending here: There ar~ a great many other cases bearing on this subject, but it would weary the Senate to have them· all called to its attention. I am gratified that this question now arises under circumstances where it can be settled without any thought or imputation of partisanship upon any I desire now merely to call to the attention of the Senate the case Senator delivering his judgment, because, although it happens there are two of Samuel S. Phelps, appointed Senator from the State of Ver Republicans and one Democrat affected by these reports, there is a. Senator mont. I will read the facts: in this boJy, who took his seat on the 4th of March without question, whose title depends upon virtually the same thing.-Congressional Record, volume Mr. Phelps was appointed by the governor of Vermont January 17, 1853; 25, part 1, page 43. during the recess of the legislature, to fill a vacancy in the Senate happen ing by the death of William Upham. His credentials were presented and he There was a proposition on the part of the Senator from Massa took his seat January 19. The legislature met in October and adjourned in chusetts to have this thing settled here in this case, where we December without electing a. Senator to fill the unexpired term. Mr. Phelps had held the seat during the remainder of the second session of the Thirty- · could have a fair chance, the Senator from Florida [Mr. PASCO] 1898~ CONGRESSIONAL RECORD-SENATE. 1587 having been admitted and liable to be turned out, and there being Union had a right to charter banks. Everybody knew it. The two Democrats on one side and two Republicans on the other and Supreme Court of the United States had so pronounced time and all depending virtually on the same subject. time again. There was scarcely a single court in a State in the When I · speak of the Mantle case I desire Senators to include United States, where the State was twenty years old, that had not in it the two other cases decided at the same time. The great decided the same thing. Mantle case was debated from March until way into August be The question came before the Supreme Court, after the Congress fore it was decided, and it was debated by many of the strongest of the United States bad levied what they called a tax on State men in the Senate at that time. The distinguished lawyer now banks. They called it a tax. You can not make a lie a truth by occupying a seat as the senior Senator from Indiana, speaking on enacting it. It is not a tax at all. It is a prohibition. It says in the same side of the same question, said he. wanted the case de substance-! am not going to pause to read the statute, but I am cided once forever, just like the Senator from Massachusetts. He perfectly familiar with it-that if any bank, State or national, said: issues a bank note, the bank so issuing the note shall pay a tax of 10 per cent for the issue. If the note goes into another bank the It would be perhav.s as fair a way as any to treat this as a case of first in stance, the same as 1f no decision had been made upon it, and to remit the sa.me day and is reissued, whether it is reissued by a State bank present court, the members of thi"' body sitting in judgment, to the text of or a national bank, the bank making the second issue shall pay a the Constitution itself, to the letter of the passaga relating to the appointing tax of 10 per cent on the amount of the note. So if it go into a power, and the spirit of the context in which it is found, and the tenor and purpose of the whole instrument.-Congressional Record, volume 25, part l, third and a fourth and a fifth, and it may be passed through banks page 68. ten times in one day, and if it is so passed ten times the entire note is consumed in the tax upon it; and they'call it a tax. It is Evidently both of those Senators had in their minds that. this a prohibition against the State authorizing the issue of bank notes vexatious question had been before the Senate for a long time and at all by State banks. that it ought to be settled, and they proposed a settlement in the Did the State have a right to charter banks? It was never ques words I have read, and it was settled; that is, it was decided. But tioned before the war. The idea was never suggested. It was if we are forever to treat this question in a partisan sense, if we suggested that the State could not do a banking business itself, are forever to debate it, then the debate will only work injury to and that was the question in the case of the Bank of the Com the country at large. monwealth of Kentucky; bnt it was never even suggested in any Mr. President, the importance of having the law decided and court that a State did not have a right to charter a bank of issue. known can not be overestimated. Some men treat it as a trilling _ Yet, when the case came before the Supreme Court of the United circumstance that a question has been decided for fifty years one States in the ease of the Veazie Natianal Bank, there were some way, and overturned by that sort of logic which some men have splendid logicians on the bench at that time, and they proved to which can prove a lie to their qwn satisfaction. The judicial the satisfaction of a scant majority of the court that the State learning of the United States, especially in the last thirty or forty never had any such right; that the United State Congress had a years, ought to be a lesson to all mankind of the importance of right to prohibit-they did not put it in so many words, but that adhering to that which has been the settled law for ages. is the meaning of it, its plain logical meaning-had a right to pre If we study them well, we will see the great wisdom of our vent a State from chartering a bank of issue. Saxon forefathers in inventing this idea that when a cause is once My remembrance is that the decision was made by a majority of . decided it ought so to remain and remain forever. The law courts 1 and after a long and fierce contest. There were some of the have it, and it has gone into a maxim in the law courts, that it is old fogies left there then, and they demonstrated, so far as the for always better that the law should be decided and known than it mer decisions reached, so far as former rulings of the court for is that the law should in the first place be settled with technical seventy-odd years went, that the State bad this power and that no . accuracy. Now, whenever you get away from that fundamental power on earth could take it away from them. But they were old principle of the law courts, you are at sea. fogies. They believed in the decision. They really thought that I will merely call attention to one or two cases. They are fa -?'ohn_Marshall knewsomething about the law. They had respect miliar to all of you, and therefore need not be read. What law for h1m. But when you tear down the respect which we ltave for yer on earth ever heard before the war that paper money could be the decisions of the great m en that went before us, when you tear coined? Did we not all know that paper money could not be coined down the respect for their opinions, when you unsettle all that they in the United States? Yes; we knew it from the decisions of the did, you are in a very good condition to tear down the balance of courts; we 1.~ew it from reading the books; we knew if from the your country and your government. Your mind is rightly framed practice of the country. for it. It was a settled thing if anything on earth ever was settled You had a very recent experience in the same line. Congress paper money can not be coined. Well, it was coined. Under the thought the Government was in need of money; the tax bill necessities of war it was coined. Finally, when the war was over, would not perhaps yield all that was wanted; they thought they it came before that august tribunal, and there happened to be a would fix a way to tax money-to tax incomes-and they levied a large number of these great old judges still on the bench. The tax on the income of the people of the country. I do not know question was debated and debated by the great lawyers of the whether you were right or wrong in levying the tax. I am not country and dE-cided as it had been decided in substance for a good going to debate the question. It is not involved in what I have to part of a hundred years before. The court decided that you could say. But you enacted the law and said a certain income should not coin paper-! will not say anything about silver, for fear the be t axed in a certain way; and does not every lawyer who is 40 Senator from Nevada [1\Ir. STEWART] might hear it. That great years old know that you have a right to do it? At least it had tribunal, after mature, deliberate, long, and protracted considera been so decided time and time again on the very principle on tion, decided that paper money could not be coined. which you based that tax-the exact principle. These old men of wisdom, who paid some attention to the teach In that decision there came up this wonderful logical power for ings of our ancestors and the great judges who went befot:e them, which I am coming to have a real aversion; when the logical were considered old fogies. Ninety-nine times out of a hundred power becomes so great as to be able to overturn fundamental when you call a man an old fogy, it is proof that he wants to adhere principles and to demonstrate by that logic to the satisfaction of a to the laws and customs of his country. But there was a more court that it is right to over turn these old and established laws of progressive age-. Mr. President, that which you call progress is the land, because I tell you that when a decision has been made very often a retrograde movement. But there came an age of and it has been adhered to for years, the man who overturns it is improvement. The old fogies died off the bench; new men took overturning a law of the land, and nobody can dispute it. The their places, m ore accustomed to the logic of their own minds than long-established decisions of the court s are what made the common to the wisdom of the judges who had gone before for a hundred law. There is comparatively little of it that was ever enacted by years. I tell you this sharpness of logic that can enable a man to the British Parliament. The law of England was made by the prove a false proposition to a demonstration as he would a prob decisions of the judges, and when a decision had been made and lem in Euclid is the most dangerous thing that ever God allowed was acquiesced in for a term of years, it was just as much the law to be on the bench of any country. of England as any statute Parliament could enact. I say, the I do not want to argue this question. I am merely calling your man who has logical power sufficient to overturn these long attention to some things that have happened in our history, that established principles is a dangerous man to the libertiAs of the have gone into history itself, and that question is now settled. country, because it never was designed by the English-speaking Oh, yes; it is settled. Paper money ca.n be lawfully coined under people of any country that a court should enact any law. the Constitution of the United States. It has been so enacted by Mr. CHANDLER. Will the Senator kindly allow me to ask the Supreme Court of the United States and is now the law. him a question? From the foundation of the Government it was decided over Mr. PETTUS. Certainly. and over a.gain (I merely cite the case of the Bank of the Com Mr. CHANDLER. I ask the Senator whether he makes any monwealth of Kentucky as one, but it was decided over and over distinction in the application of this principle, known as the again; it needed no authority to prove the proposition; it was a principle of stare decisis, between the courts of law and legisla matter known of all men and of all courts) that every State in the tures? In other words, whether the principle of which he speaks • 1588 CONGRESSIONAL RECORD-SENATE. FEBRUARY 9, is not a principle that the courts apply to protect property rights gressive age. We live in an age when our intellects are so sharp· which have grown up under a series of decisions, and is not ap ened that almost anything can be proved. I am sorry for it. I plicable to a question of this kind, a question of parliamentary have always thought that one grain of common sense is worth all law or a question of public law, where rights do not grow up in the chop logic that ever was invented. the way property rights do, under the decisions of the courts, Mr. HOAR. May I ask the Senator from Alabama a question? until it becomes important to society that they shall be respected. Mr. PETTUS. Certainly. Can the Senator point to any decision where the doctrine of stare Mr. HOAR. Do I understand him to say that if a decision o~ decisis is asserted to be a doctrine of parliamentary or public the Supreme Court should be made which it could be proved law? mathematically was incorrect, he would not be in favor of over Mr. PETTUS. I can not show any decision where it has been ruling it? ruled expressly by a parliamentary body that what had been Mr. PETTUS. I do say that, but that is not what I said before, decided and acquiesced in for years was law. I can not turn to Mr. HOAR. I so understood the Sanator. such a decision. I do not remember it. Parliamentary law has Mr. PETTUS. No, sir; I did not say that before; but I do say been a subject of very recent study with me. But, Mr. P1·esident, that unless it concerns the liberty of the subject or is vital to the the rule that the law had better be decided and known than that Government it ought never to be overruled after it has become it should be, in the first instance, decided with technical accuracy an established principle of the coUI"t. What I did say was that does not apply merely to rights of property. It applies to all this logic of modern times has become so sharp, so incisive, that rights. a man can prove a falsehood to a mathematical demonstration. Mr. HOAR. May I ask the Senator from Alabama a question? That is what I meant to say. No, sir; a judge has no right to Mr. PETTUS. Certainly. overrule it. I not only say that it ought not to be oven-uled, but Mr. HOAR. I desire to ask the Senator whether he thinks that he has no right to overrule it. He is violating his duty as a that it would have been right for the EngliBh judges to overrule judge when he overrules it, unless it is one of those vital things the case of the ship money, The King against John Hampden, in that trespass on human liberty or infringe on the Government an age more enlightened and free than the age where the judges-- itself. Is it not the law of the land? I will ask the Senator. Is not Mr. PETTUS. Oh, the Senator wants to hitch my absolute a decision long made and long established that concerns the rights love of liberty, my absolute love for freedom, within the bounds of individuals the law of the land? of law. · Mr. HOAR. As the Senator puts that question to me, I will Mr. HOAR. No; I only want to bring the Senator's conspicuous answer him in the words of Sir William Blackstone, who is sup4 common sense- posed to be a pretty good, conservative authority. He says, if I Mr. PETTUS. If you want me to answer directly, I say it was recollect aright, that it is improper to speak of an erroneous de· right to overrule it. It was manifestly a violation of the liberty cision as bad law; that it is no law. of the subject in the first place, and in the next place it did not Mr. PETTUS. Sir William Blackstone does say, and he says involve any right of the individual which was overruled by it. correctly, sir-- The overrtili.ng of it only reasserted what the English people Mr. HOAR. Let me complete my answer. I would answer always claimed, and that was, the liberty of a British subject, not very frankly that if the Supreme Court of the United States that they could trample upon him by edicts of council or even by should at any time, by a mistake or blunder, hold that two and acts of Parliament. But this principle for which I am contend two make five, I do not agree with the Senator from Alabama that ing applies to all rights of individuals; not merely property rights, the American people are helpless for all time under that decision. but all rights. I understand the Senator to say exactly that. How is a merchant ever to know when he is walking on safe ·Mr. PETTUS. I did not say that, or anything that was akin ground? We have a law, and a law so stringent that no human to it. being can overturn it. It is that if a man make a paper-well, a Mr. HOAR. The Senator said that if it was proved mathemat. ''commercial paper," I will call it-commercial paper means divers ically to be mistaken he still would not overrule it. thing~ in divers States; but if he makes a commercial paper and Mr. PETTUS. I say that if a decision has been made and has signs it and it gets into the hands of a bona fide holder, where is been long established and recognized as the law of the land (I his defense? He got nothing for it; not a cent. Fraud was com mean a decision made by the highest tribunal, of course), then nritted on him-the grossest possible fraud on earth was commit unless it concerns the liberty of the subject or some vital power ted on him in getting him to sign it. He signed it by the induce of the Government it is the law of the land, and no judge on earth ment of fraud. What court in the land would tell the merchant has a right to overturn it, although it may have been erroneously that he should not collect that note? decided at first. I ask Senators what property rights are involved? That is a Mr. HOAR. If I may ask the Senator one other question, I will mere right; there is no property in it. It is a right of contract. not trouble him again. Does the Senator regard the right of a The man can not prove anything on earth if that note gets into State in this Union to be represented half the time only instead the hands of a bona fide holder for value before maturity. It does of being represented all the time to be one of the exceptions which not make any difference what can be proven; you may just imagine concern vital matters of Government? any state of facts that you can; the merchant is going to get his Mr. PETTUS. I do not, and I do not think the Senator can judgment on that note. understand it that way either. I think, as I said before, that it is Mr. ALLEN. Will my friend permit me a suggestion? better for this whole country that the question we are now dis Mr. PETTUS. Certainly. . cussing should be settled and known, so that States and governors Mr. ALLEN. It is right in line with what the Senator from and legislatures could know what they were doing, than that the Alabama is saying. The reason underlying the doctrine of stare law should have been settled in the first instance with technical decisis, which we apply to property rights, applies with full force accuracy. That is what I say, and the books say it. I do not be in fixing and maintaining the relations of the States to theNational lieve that the Senator from Massachusetts, when he was a great Government and the right of representation. judge presiding at the head of that great court up in that great Mr. PETTUS. It applies to the very case before us. Here is a State, ever overruled any decision that was long establiBhea and right claimed and here is a decision made on it over and over known as the law of Massachusetts. I do not believe he did. He again. However, when I was interrupted I was stating that there was a great lawyer, and he is a great lawyer now, but he has cul· are hundreds and hundreds of cases that occur to every lawyer in tivated his logical powers to such an extent that I am no fit person this Chamber where men have acquired rights and made con to answer him. tracts under the settled law of the land. Do you tell me that a Mr. President, I have consumed enoug'h time in debating these judge has a right to take away their rights? I say no; that judge abstract questions. What are the facts in the case we are now is doing nothing else in God's world but repealing the law of the discussing? Simply that the legislature of Oregon was appointed land by his own word. The instance I last referred to was the to meet, I believe, on the 7th day of January of last year, and it income tax. We all know its history, and it is a ·sad pict1ue in met. The constitution required it to meet on that day. the records of the country. It is as sad a chapter as the McArdle Mi·. TURPIE. I ask the Senator from Alabama whether he case from Mississippi, for the Supreme Court waited for Congress. will yield for a motion to adjourn? One of those old fogies, as they have come to be considered in the Mr. PETTUS. Any way will be agreeable to me. history of the time, one of those very old fogies who are so much Mr. TURPIE. I move that the Senate adjourn. criticised at the present da.y, Justice Grier, in that august body, Mr. CHANDLER. I ask the Senator to substitute a motion for repeated the Latin sentence which means, " I wash my hands of an executive session. this great shame." The Supreme Court waited upon Congress be Mr. TURPIE. It is too late. There is not a quorum present. fore they would turn a man out of a military prison during pro The PRESIDING OFFICER. The Senator from Indiana moves found peace. . that the Senate adjourn. Mr. President, the principle for which I am contending is far The motion was agreed to; and (at 4 o'clock and 56 minutes reaching. The EngliBh judges understood it; the American p.m.) the Senate adjourned until to-morrow, Thursday, February judges undflrstood it and appreciated it. But we live in a pro- . 101 1898, at 12 o'clock meridian. --- 1898. CONGRESSIONAL_ RECORD-HOUSE. 1589 HOUSE OF REPRESENTATIVES. The message also announced thattheSenate had passed without amendment the bill (H. R. 5982) to amend an act entitled "An WEDNESDAY, Febn~ary .9, 1898. act declaring a certain bridge across the Tallahatchee River, in Tallahatchee County, State of Mississippi, a lawful structure, and The House met at 12 o'clock m. Prayer by the Chaplain, Rev. for other purposes," approved May 28, 1896. HENRY N. COUDEN. The message also announced that the Senate had insisted upon The ~ ournal of yesterday's proceedings was read and approved. its amendments to the bill (H. R. 6351) making appropriations for ORDER OF BUSINESS. the Department of Agriculture for the fiscal year ending June 30, 1\Ir. PERKINS. I desire to submit two resolutions from the 1899, disagreed to by the House of Representatives, had agreed to Committee on Printing, and ask unanimous consent for their pres the conference asked by the House on the disagreeing votes of the ent consideration. two Houses thereon, and had appointed Mr. CULLOM, Mr. QUAY, Mr. BARTLETT. Are these privileged matters? and Mr. PETTIGREW as the conferees on the part of the Senate. Mr. PERKINS. They are not. Mr. BARTLETT. I call for the regular order. SENATE BILL REFERRED. Mr. PERKINS. These resolutions will take but a moment. Underclause2 of Rule XXIV, a Senate bill of the following title M.r. BARTLETT. The gentleman knows that I would not ob- was taken n·om the Speaker's table and referred to its appropriate ject generally to matters of thiB kind; it is entirely outside of my committee, as indicated below: ordinary course; but we have an important matter-the contested S. 3596. An act toratifytheagreement between the Dawes Com· election case-which will occupy all the time we have to-day. mission and the Seminole Nation of Indians-to the Committee on Mr. PERKINS. These are matters from the Committee on Indian Affairs. Printing which we desire to have go through to-day; they will take but a moment. CONTESTED-ELECTION CASE-ALDRICH VS, PLOWMAN. EXPENSES OF UNITED STATES COURTS, The SPEAKER. The gentleman from Georgia demands the Mr. CANNON. I desire to report from the Committee on Ap regular order,'.which is the further consideration of the contested propriations the bill which I send to the desk and ask for its election case from Alabama. immediate consideration. Mr. TAYLER of Ohio. Mr. Speaker, before my colleague on The bill was read, as follows: the committee proceeds with.the discussion of this question, I de A bill (H. R. 793-3) making appropriations for expenses of United States sire to apprise the House that an arrangement has been entered courts. into between my colleague, Judge BARTLETT, and myself respect • Be it e-nacted, etc., That tl;e following sums be, and they are hereb:y:, appro ing the limitation of debate and the time at which a vote shall be priated, out of any money m the Treasury not otherWtSe appropriate~ to supply deficiencies in the following appropriations for expenses of Umted taken. We have agreed that the debate shall continue for four States courts for the fiscal year ending June 30, 1898, namely: and one-quarteT hours, of which time the minority of the commit For fees of jurors, $200,000. tee will be entitled to two and one-quarter hours and the majority For fees of witnesses, $175,000. of the committee to two hours, as we occupied more time than The SPEAKER. This is not a privileged report. they did on yesterday, which will bring the House to a direct vote Mr. CANNON. I ask unanimous consent for its immediate con on the resolutioru; tlf the committee at about half past 4 o'clock. sideration. I twill take but a moment. If it is not passed promptly, Mr. BARTLETT. That is satisfactory to us. the United States courts in general throughout the country will Mr. TAYLER of Ohio. And I ask unanimous consent, Mr. have to be closed: Speaker, that that arrangement be ratified by the House. Mr. DOCKERY. I hope the bill may be considered and passed. The SPEAKER.· Is there objection to the request of the gen There being no objection, the House proceeded to the consider tleman from Ohio, that the further consideration of this question ation of the bill; which was twice read, ordered to be engrossed shall continue for four and one-quarter hours, the time to be di and read a third time, read the third time, and passed. vided as he has stated, after which the vote upon the resolution On motion of Mr. CANNON, a motion torecoru;iderthe last vote shall be taken? was laid on the table. · There was no objection, and it was so ordered. REPORT OF SPECIAL COMMISSIONER TO PARIS EXPOSITION OF 1900, Mr. BARTLETT. Mr. Speaker, I should like to inquire how Mr. BARTLETT. I withdraw my objection to the matter much time the gentleman from Kentucky, my colleague on the which the gentleman from Iowa [Mr. PERKINS] desired to have committee [Mr. SETTLE), occupied on yesterday? acted on if it can be considered and disposed of without causing The SPEAKER. The Chair is informed that the gentleman oc any delay. cupied fifty-two minutes. The SPEAKER, The Clerk will read the resolution presented Mr. SET'l'LE. I do not suppose, Mr. Speaker, that it is a mat by the gentleman from Iowa. ter of any moment at this time as to how much time I occupied The Clerk read as follows: in the discussion of this question on yesterday, but I think there Resolved by the House of Representatives (the Senate coniurring), That there was an error in keeping the time. My friend from Tilinois [Mr. be printed 5,000 additional copies of the report of the special commissioner of MANN] closed at 4 o'clock, and the House adjourned at 5 o'clock the United States to the international exposition to be held at Paris, the same and 5 minutes. I think I occupied about forty-six or forty-seven to be distributed bv the Third Assistant Secretary of State. minutes. Mr. CANNON. Does this resolution provide forthe printing of But, as I have said, it is immaterial, in view of the fact that we a report of the Paris Exposition of 1900? are to have a little more than one-half of the time during the dis Mr. PERKINS. It provides merely for printing additional cussion to-day. copies of the report of the special commissioner, 1\Ir. Handy, to be The SPEAKER. The gentleman from illinois, the Chair is in distributed by t.he Third Assistant Secretary of State. formed, closed at twelve minutes past 4 o'clock. Mr. CANNON. I have no objection. l'rlr. SETTL.E. That gave me forty-eight minutes. I do not see, There being no objection, the resolution was considered, and however, that it will make any difference now. adopted. Mr. BARTLETT. I yield fortyminutes to the gentleman from LABOR LA. WS, FEDERAL A.ND STATE. Kentucky in addition to the time already at his disposal. The SPEAKER. The other resolution sent to the desk by the The SPEAKER. The gentleman from Kentucky is recognized, gentleman from Iowa fMr. PER'IilliS] will be read. then, for forty-eight minutes. The Clerk read as follows: Mr. SETTLE. Mr. Speaker, at the close of my remarks on yes Resolved by the House o[ Representatives (the Senate conctuTing), That terday I was directing the attention of the House to the absence there be printed for distnbution by the Department of Labor 3,500 addi from the polls on the election day of between four and five hun tional copies, in cloth binding, of the Second Special Report of the Commis sioner of Labor, comprising the labor laws of the United States and of the dred of the colored voters of the city of Selma. I gave emphasis State and Territorial governments, baing a report of the Committee on In to the fact that a sufficient number of the colored men voted out terstate and Foreign Commerce of the House of Representatives, submitted July 00,1892, and revised and annotated in accordance with concurrent reso of which Mr. Aldrich's vote could be supplied, and yet leave a sur lution adopted ~!arch 5, 1896. plus of 95 remaining for the contestee, Mr. Plowman. There being no objection, the resolution was coru;idered, and It is true that Crocheron states that he marked over 100 ballots adopted. for Mr. Plowman. But I pay no more attention to Crocheron's Mr. SULZER. I ask unanimous consent to introduce a resolu testimony as to the number of ballots marked by him than I do tion. to the testimony of all of the markers in this case, on both sides, Mr. BARTLETT. I call for the regular order. in these various precincts. They are men who kept no memo randa and stated what they did from memory only; and such testi 1\IESSAGE FRO::I:I THE SENATE. mony is not to be relied upon as indicating with any exactness the A message from the Senate, by Mr. PLATT, one of its clerks, number of the ballots marked by them. announced that the Senate had pa.ssed a bill of the following title; But I wish to suggest to the House that in Shelby and Chilton in which the concurrence of the House was requested: counties, the two counties and the only ones in which Mr. Aldrich S. 3596. An act to ratify the agreement between the Dawes carried a majority of the votes at that election, there was an equal Commission and the Seminole Nation of Indians. absence from the voting places of the colored population. In 1590 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, Shelby County, for instance, they have a population-a voting that he voted at half past 2 in the afternoon. He has included population-of 4,836, and yet only 2,550 votes were ca-st. Y. B. Welch, whose poll number is 315, and who swears he voted In Chilton County, with a population of 2,952 voters, only 1,407 at 12.30. He has included W. A. Cobb, poll number 316, who votes were cast, so that only 1 vote in 2 was cast in these two swears he voted between 8 and 9 o'clock; 349, F. H. Coleman, who counties where Mr. Aldrich had control of the election machinery, swears t-o 10 o'clock; 1023, G. W. Wise, who swears he voted at 10 and in both of which no election officers, except in three of the o'clock; 975, who swears he voted at 2 to 2.15 p.m.; 197, M. R. precincts, were appointed to represent the contestee. We make Jones, who voted at 3 o'clock. He says all of these witnesses are no complaint of this fact, but call your attention to it in order that entitled to have their votes recorded for Plowman, and that there it may operate as a kind of estoppel to the contestant in the case, was nothing inegular in tl:ie manner in which they voted, and claiming that we did for him, where we had the power, what he that no objection can be urged against their votes. says he did for us where he was dominant. My friend, the gentleman from illinois [Mr. MANN], read out The gentleman from Illinois [Mr. MANN] took occasion during the name of 309, Henry Stevenson, who voted between 1 and 2 the course of his remarks on yesterday to refer to the fact that o'clock, long after some of these men whose numbers exceeded 900 a large numbe1· of voters of the city precinct made irreconcilable say they voted, yet the name of Henry Stevenson is included in statements as to the hour at which they voted. In the light of these 211 names that the contestant says must be accredited to his statement it does appear strange, if not indeed ridiculous, that Mr. Plowman. Where did the majority get the 280 votes which a man who is No. 1328 on the polling list should have voted prior they allowed to Mr. Plowman? Where did they get the 50 votes to the man who appears as No. 304 on the same list. which they allowed to Mr. Aldrich in this precinct if this was a But if you will examine the testimony in this case you will find fraudulent registration list. If these are lies, there was no poll that there are but two cases where the witnesses actually swore list there. with positiveness as to the hour at which they voted. I grant The majority of the committee have not been consistent. Such you that there are several cases where these statements can not a tissue of falsehood as that would entitle this poll list to be abso be reconciled upon the idea of the truth of each, and where we lutely rejected; but the majority of the committee have reported must insist that it was nothing more nor less than a mistake of that the aliunde proof shows that Mr. Plowman is entitled to 280, the witness testifying. Now, what is the inference that the gen and those 280 are t.he men who make these contradictory state tleman would have yon draw from this? He simply intends to ments. Indeed, the majority report pays no attention to the time have you believe that that poll list was padded, that names were table. It was discarded in the committee room and. in the argu placed upon it that did not actually vote, and then that they were ment before tha committee, '3>nd the gentleman from Illinois, of called as witnesses in this case and inadvertently stated the hour all the committee, has seen fit to thrust it upon the attention of at which they voted and contradicted other witn~ses on this ma the House. They have not the proo~ anywhere else of the 50 that terial point. voted for Aldrich. Now, what reason was there for padding a poll list in Selma Where did they go to get these votes? This fellow, 1328, must precinct? There was an exciting campaign, with 1,200 white have been on the poll list early in that day. There is nothing in Democrats and 800 registered colored voters. It was not known that table to show that the attention of any witness was particu that the colored voter wa-s going to stay at home. Meetings were larly called to the time, but I reckon the little fellow that got being held every day and every night. Speakers were being at up that table tossed himself back in his chair and thought he had tacked. Flags in the hands of one party were being torn down by accomplished something great. But, as I have said, the majority the opposite party. Excitement was high. report does not pay any attention to it. They do not comment Why is it to be supposed that in this Democratic city, this Demo upon it. They do not think it worth attention. But they say cratic stronghold, in this so-called Republican stronghold, the there is another incriminating fact. black county of Dallas, that the Democrats were unmindful of They say there were some voters who voted out of their pre their duty and refrained from voting on that day, so that it be cinct-that they lived in Valley Creek precinct, and were not enti came necessary for the registration officers to commit perjury and tied to vote in the city precinct. Suppose that is so. If there be make out a fraudulent poll list? What reason is there for that? an illegal vote cast it is your duty to purge the polls of the illegal What is there in all the environment to make you believe anything votes, provided it can be ascertained how they voted, and that is of that kind? an easy matter in this case, for each of these Valley Creek voters When padding is done, where is it done? Whl', it is done at on oath stated whom they voted for. There are only 11 of them, the end of the poll list. Padding is always done toward the close and they say they voted for Plowman. Take them away from of the poll. The names that are added are the padded names. Plowman, then, but would gentlemen take 867 votes away from Why should they pad the name of No. 4, who swears he voted him merely because 11 men voted out of their precinct. The fact in point of time before No.1 did? Why should they begin to pad that they did vote in the election did not constitute any actual the poll list that early in the morning? Yet No. 4 swears he voted fraud. It is shown by the uncontradicted testimony that it was a in point of time before No. 1 did, and No. 1328 swears he voted custom in this precinct for years for Valley Creek I'esidents to early in the morning. vote at the court-house in Selma if theyfounditmore convenient, Now, if they could show to you that the last 50 or 60 names and, indeed, that there was a confusion between· the boundary on that poll list swore to statements utterly inconsistent with the lines of these two adjoining precincts. real facts in the case, then there might be some reason for you to These men were informed that they had the right to vote at hinge an opinion upon, that the poll list was fraudulently made either place. That is undenied. Some of them were starting up. Ordinarily the poll officers are the ones who commit this home to vote at Valley Creek and th6y were told they had the fraud, but in this case here are three or four hundred men who right to vote in the city, and they went there to vote, and not one are made to come to the assistance of the poll officers and swear of them voted anywhere else. While it is true that their ignorance that they did vot-e on that day and thereby commit perjury. I does not permit their votes to be counted, yet the circumstances submit that there are very few men in this House who, if they attending their so voting throw light upon the question of fraud. were called upon on oath to-day to tell at what hour of the day It shows that instead of attempting fraud they were only pursu they voted at the last November election, could do so. ing a custom that obtained in the precinct from time immemoriaL I submit the further fact that an honest man, when asked the Gentlemen talk about the large number of votes there-1,800 or question as to the time when he voted, not knowing its materi 1,900 votes-and only one poll. ality, would not bother himself to cogitate or think the matter Mr. KELLEY. Do I understand that because of this irregu over as he would in an important matter where he was informed larity in casting 11 votes that it is proposed to throw out 600 votes? or knew that any statement he might make was material. The Mr. SETTLE. That is one of the incriminating facts that they gentleman from Illinois got all the information he possesses on rely on, coupled with some others, which I am endeavoring to ex this subject from contestant's brief, page 418, which pretends to amine one by one, to show that there is nothing in either one of exhibit a correct epitome of the testimony of these timed witnesses. them, and if I do so, that it is not in the power of the House to Very many of the statements contained in that list are not borne couple them together to make that objectionable which singly out by the proof. But granting that the witnesses actually swore was not objectionable. Some talk has been employed here about as t11e table recites. let me furnish a sufficient answer to the dummy tickets. Some gentlemen have been impressed with the whole thing by reading further from the same brief, prepared by idea that this was a violation of the law. If you examine the stat Aldrich and his attorney. On page 403 contestant employs a ute, you will find that it only provides that no person shall assist an table called Appendix A, from which I read the headlines, as fol elector in the preparation of his ballot except the election officers. lows: It does not provide that the elector may not assist himself. Plowman's witnesses (city precinct No. 36). The votes of the following Cards of instructions are issued on this subject by both parties. named witnesses should be accredited to contestee in sa.id precinct, a.s they Similar cards are bylawreqmred to be posted in the booths. The are not shown to have been irregular in a.ny wa.y. newspapers print for information both ballots, accompanying tho Whom does he include in that list of 211 persons? He includes same with added information. Gentlemen say it required great name after name of those gentlemen who have testified to these intelligence to vote that ballot. Why can not I write the name of the inconsistent times at which they voted on the day of election. He eleven electors before I leave home and refer to it to refresh my recol has included Ross Wilson, No. 1382 on the poll list, who swears lection? Is thatanyviolationofthelaw? Is anybody assisting me? ·' 1898. -CONGRESSIONAL RECORD-HOUSE. 1591 I am doing it all myself. The dummy tickets were only used in of electing, but of being elected. A person indisputably ineligible may be an officer de facto by color of election." the Congressional race, and were used all over the district by both Also, by the supreme court of Illinois, in Prichett vs. The People. In the parties to the contest; and no complaint or objection was ever course of the opimon the court says: urged to that course until long after the election. It is proper to "It ill a general principle or the law that ministerial acts of an officer de facto are valid and effectual when they concern the public and the rights of add that the committee saw nothing in the use of the dummy that third persons; although it may appear that he has no legal or constitutional was objectionable or that in any way injured the contestant. right to the office. The interests of the community imperatively require Again, it is submitted by the gentleman in his argument that the adoption of snch a rule." The same court, in The People vs. Ammons, hold the same doctrine, and one of these election officers was not a resident of the precinct. state in this language: It is true the law says who the election officers shall be, and that "The proof offered would have shown that he was an officer de facto, and they shall be residents of the precinct; but shall the great voice as such his acts were as binding and valid when the interesU!J of third persons or the public were concerned as if he had been an officer de jure." of the people be suppressed because a mistake was made by t~e The supreme court of Missouri, in St. Louis County Court vs. Sparks, says: appointing power in the selection of election officers? Is that eVI "When the appointing power has made an appointment and a person is dence of fraud? These election officers took the stand and swore appointed who has not the qualifications required by law, the appointment that they did live in the precinct; but conceding they did not, is not, therefore, void. The person appointed is de facto an o1'ficer; his acts in the discharge of his duties are valid and binding. * * * A statute pre what is the law? Why the law is that the acts of a de facto officer scribing qualificat.ions to an office is merely directory, and although an ap as to the public and as to third persons are as binding as if they pointee does not possess the requisite qualifications his appointment is not, had been done de jure and as though they had in all respects been therefore, void, unless it is so expressly enacted." properly constituted such officers. Let me read a section of Mc The supreme court of California, in the case of Whipley vs. Crary on Elections, section 214. The point was raised in the McKune, holds the same doctrine. In this case the election of case of Barnes against Adams in this House: McKune to the office of district judge was contested upon the SEc. 214. But in the case of Barnes vs. Adams, which arose in the Forty:fi!st ground that" the officers conducting the election in a given dis Congress, the question was reviewed ~t length, and J?OStof the cases aris~ng trict were not sworn, as the election laws require." No fraud both in Congress and the courts were Cited and exammed, and the conclusion was reached, both by the committee and by th_e House, that in order to g~ve being shown, the election was held valid, notwithstanding such validitv to the official acts of an officer of electiOns, so far as they affect third failure of the officers to be sworn. parties and the public, and in the absence of fraud, it is only necessary that The supreme court of New York discusses this question in an such officer shall have color of authority. It is sufficient if he be an officer de facto and not a mere usurper. elaborate opinion in the case of The People vs. Cook, from which we quote a few sentences: · These men were not usurpers. These men claimed their offices It becomes important in this case to determine whether the objections by color of appointment had and obtained by the regular appoint which are taken to the inspectors of elections in the several cases presented ing power in the county of Dallas. in the bill of exceptions are of that character which should be held to in· validate the canvass in these several localities. These objection.'! are of a. The report in this case, after quoting from numerous declsions, both in the twofold character, extending to the regularit-y or legality of their appoint· House and in the courts of this country, continues as follows: ment and to their om.is.!lion to qualify by taking the proper oath of office. "The question, therefore, regarded in the lij:fht of precedent or authority * * * It is sufficient that the-y were inspectors de facto. The rule is well alone, would stand about as follows: The judicial decisio~ are all~ the ef· settled by a long series of adjudications, both in England and this country, feet that the acts of otficers de facto, so far _as they aft'ect third parties o:;- the that acts done by those who are officers de facto are good and valid as regards public, in the absence of fraud, are as valid as th~. of an offic~r de JUre. the public and third persons who have an interest in their acts, and the rule The decisions of this House are to some extent conflictmg; the pomt has sel has been a:pplied to acts judicial as well as to those ministerial in their char dom been presented upon its own merits, separated from questions of fraud, acter. This doctrine has been held and applied to a.lmost every conceivable and in the few cases where this seems to have bee~ the case the ruling~ are case. It can not be profitable to enter into any extended discussion of the not harmonious. In one of the most recent and rmportant cases (Blair .vs. cases. The principle has become elementary, and the cases are almost end· Barrett, sup·ra), in which there was an e;ceedingl:y able report, the do~tr~e less in which the rule has been applied. of the courts, as above stated, i3 recogmzed and mdorsed. The questiOn~ therefore a settled question in the courts of the country, and is, so far as this It would appear from the reading of these authorities that, waiv House is concerned, to say the least, an open one." · Your committee feel constrained to adhere to the law as it exists and is ing the question as to the residence of Dockery and Nelson, the administered in all the courts of the country, not only because of the very inspector and marker in that district, they acted under color of great authority by which it is supported, but for the further reason, as authority, and their acts are as binding and valid in law as if stated in the outset, that we believe the rule to be most wise and salutary. they had been acting de jure. Now, you take the contestant's The officers of election are chosen of necessity from among all classes of the people· t.hey are numbered in every State by thousands; they are often men brief, if you can find any of his briefs-! was not able to find one unaccUstomed to the formalities of legal proceedings. Omissions and mis for some time until I got this-and he undertakes, on page 406, to takes in the discharge of their ministerial duties are almost inevitable. If give the names of 132 men who he admits voted for Plowman, this House shall establish the doctrine that an election is void becau~e an officer thereof is not in all respects duly qualified, or because the same IS not which he insists he is not entitled to have counted for him. The conducted strictly according to law, notwithstanding it may have been .a gentleman from Mississippi [Mr. Fox] called attention to that, I fair and free election, the result will be very many contests, and, what IS believe. worse injustice will be done in many cases. It will enable those who are so disJ?O!!~ to seize upon mere technicality in order to defeat the will of the Witness after witness whom he puts down here as not on the registration list swear that they were- on the registration list, and ms~oci.i~rs. The report of the committee in this case was adopted by the the registration list shows that fact to~ true. He puts down in Rouse, nem. con., after a full discussion, and the doctrine there a.:>5erted may now be regarded as the settled law of the House. The same pomt was the column man after man whose name he says appears on the poll decided in the same way and by the same House in the case of Eggmeston list who did not vote, but an inspection of the poll list shows that vs. Strader, and an adnnrable discussion of the qu~stion will be found in the every one of these men did vote. What was the purpose of that? report of the committee in that case, made to the House by Mr. HALE! of Maine. It is true that the writer of the report in the case of Reid vs. Julian It was the purpose of that to prejudice this case at the beginning asserted the contrary doctrine, but the case was decided independently of and lead you to believe that not only were there one or two fa-cts that question. It turned upon a question of fact as to whether fraud was that tended to throw discredit on the returns at Selma, but that proven, so that this case can not be regarded as a~ authority against Barnes vs. Adams and Eggmeston vs. Strader. The doctrme of the latter cases was there were facts numerous, facts multiform, and facts various. reaffirmed in the case of Gooding vs. Wilson, Forty-second Congress. Not one ·of these contentions can be sustained by the proof. Every SEC. 216. In the courts of the country the ruling has been uniform, and the one of the witnesses proves that he did register, and that he not validity of the acts of officers of election who are such de facto only, so far as only registered, but that he voted. they affect third persons and the public, is nowhere questioned. The ~oc trine that whole communities of electors may be disfranchised for the trme Suppose tickets were lying around loose. Is the voice of the peo being, and a minority candidate forced into an office, because one or more of ple to be defeated by a mistake of the election officers? Suppose the judges of election have not been duly sworn, or were not duly chosen, or some man did have a ballot presented to him already marked, do not possess all the qualifications requisite for the office, finds no support in the decisions of our judicial tribunals. We here refer to some of the which he voted. Is his vote, that expressed his honest sentiments, leading cases. In People v.~. Cook, the court says: to be defeated either because corruptly or by ignorance the elec "The neglect of the officers of the election to take any oath would not have tion officer handed him a ballot already marked, that suited him vitiated the election. It might have subjected those officers to an indict ment if the neglect was willful. The acts of public officers being in by color and that corresponded with his wish in the matter? There is no of an election or appointment are valid, so far as the public is concerned." proof that any witness in the city of Selma was deprived of his Again: vote by intimidation, threats, or violence, or the want of time. "An officer de facto is one who comes into office by color of a legal appoint ment or election. His acts in that capacity are as valid, so far as the public There were eighteen booths provided there for them. There is concerned, as the acts of an officer de jure. His acts in that capacity can was not room enough in the room where the balloting was done, not be inquired into collaterally." and so they were arranged right at the window; seventeen or The same doctrine was laid down by the supreme court of Minnesota in the case of Taylor vs. Taylor. One ground of contest in this case was that eighteen, I forget which. · "in certain towns at said election the judges and clerks of said election did Mr. BARTLETT. There was one for every 100 voters. not take the prescribed oath or any oath." The court sa.1:s: Mr. SETTLE. Yes; one for every 100 voters. Gentlemen say "If the votes of the citizens are freely a.ndfairlydepOSited at the time and place designated by law, the intent and design of the election are accom that so many voters can not possibly vote there as are said to have plished. It is the will of the electors thus expressed that gives the right to voted. Well, they did do it, and have been doing it for years, and the office, and the failure of the officers to verform a mere ministerial duty the proof fails to show that ever at any election a full vote was in relation to the election can not invalidate It if the electors had actual notice and there was no fraud, mistake, or surprise." not able to be polled. I know in my own precinct, previous to the Again the court says: adoption of the secret-ballot law, where it was the duty to record the "If the officers of election fail to perform their duty:, the law provides a vivavocevotes of the electors for President and Vice-President of · penalty; but the election is not necessarily rendered vmd." A!so, by the su!)reme court of Pennsylvania, in.the case of Baird vs. Bank the United States, we polled on some occasions over 1,000 votes in · of Washin~ton. We quote a sentence from the opinion in this case: ·a day. It can be done and has been done. I do not know why they "The prmciple of colorable election holds not only in regard to the right do not have more boxes, bu~ the presumption would be that one 1592 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, 'box has proved sufficient. The Democratic majority there are Now, applying that rule to Selma precinct, what. fact, taken more interested in getting out a full vote than the minority are. singly and alone, shows that the result of the election was affected They certainly would employ every means in order that a full by any fraud? Isitthe appointment of Dockery, a negro Democrat, expression of the voters of that precinct might be obtained. as you say? How did that affect the result? There is not a man Now, gentlemen, that is all the proof they have to attack the who swears that at that precinct his vote was not counted. There Selma precinct. First, that Dockery did not live there; second, is not a negro who swears that he voted for Aldrich and that his that he was not a Republican; third, that they had but one polling vote has been returned for Plowm.an. Such cases may have oc~ place; fourth, that some witnesses made inconsistent statements curred at some other precinct, bnt nothing of that kind appears as to the time at which they voted, and fifth, that 11 Valley View at Selma precinct, and that is the only precinct I am now con~ votes were illegally cast. As an offset to that we come with the sidering. 'J!lere_ is no o~ji_3Ction to Selma precinct except these aliunde proof and show registration, show that Plowman did not mere techmcal rrregulant1es, snch as that ballots were lying receive the white vote by 116 or 117, show that the colored vote around loose, etc. I say it would be monstrous to throw out 1,147 was sufficient to give Al they have accepted the situation in good faith; that day after day, nomination before the Populist convention, but singularly enough in all these thirty years, like the child estranged from its father this astute gentleman from the State of Kentucky, the home of who seeks in every possible way to regain his confidence, they Henry Clay and all the other Clays, fails to call attention to an have come to you with protest after protest of their affection and important part of the speech of Mr. Aldrich in acceptingthat nomi loyalty to the Union of these States; that during all this period nation, which I Will briefly read to you, because I know gentle they have called out to you, not perhaps in any audible voice, but men on the other side are particularly interested in getting at the in every act of all these thirty years, " We are your brethren. truth, the facts in "this matter. In accepting the nomination, Mr. . Entreat us not to leave thee, nor to return from following after Aldrich indorsed· the platform as adopted- thee." And said that while he was a Republican and would support Mr. McKinley, When famine and flame and pestilence sweep over the great he favored bimetallism and would support measures in lookin~ to the resto cities of the North, our women pray for you and our men give of ration of silver to its former position as a money. Like Mr. uryan, he had already received the nomination at the hands of his :party, and now that the their fortunes to relieve your distress. And yet you say by the Populists have seen fit to indorse him, he hoped that if any other conventions adoption of this report that these men are not your brethren; that were held they would indorse him also. His purpose, he said, is to support they are not men of the same mold and type as yom·selves, but the whole people, and he would appreciate all the support that could be con that they are liars and perjurers and ballot-box stuffers and ras sistently given him. cals. These men are wedded, I beg you to believe, to the princi Mr. SETTLE. Will the gentleman permit me to interrupt him? ples of our free Government. These men have no prejudices on Mr. HAMILTON. Certainly. account of the war. That war did that which in a large degree Mr. SETTLE. The gentleman is reading another account from compensated for the loss of all the life and treasure that it cost the account I read. it cemented this Union together as it had never been before, not Mr. HAMILTON. No, indeed. Thisisnot another account. alone in name and in theory, but in very truth and fact. Mr. SETTLE. If you will look in the RECORD, you will see the We should have expected that hate would follow that war and account that I read. It only shows that Aldrich talked two ways that there coUld be no lasting peace, but it is the unexpected that and gave two accounts of the same thing. happens-that is continually reminding us by living, oracular .Mr. HAMILTON. I am compelled to disagree with the gentle. proofs that all our philosophy is shortsighted and vain; for, strange man. to say, after four years of sanguinary conflict, men quit fighting Mr. SETTLE. Look into the RECORD, and you will see the ac and took to embracing each other. Appomattox witnessed a great count that I read. victory, it is true, but it witnessed a greater reconciliation-the Mr. HAMILTON. I have not had an opportunity to read the triumph of arms must here yield the palm to the greater conquest RECORD this morning. I should have been very glad to have had of peace. an opportunity to read the gentleman's argument before proceed This conquered South, whose poyerty has been described here ing with my own. so forcibly by the gentleman from Illinois [Mr. MANN], this con This is an exhibit attached to the testimony of the witness quered State of Alabama, that spends more upon its colored popu sworn in the case and is authentic. The gentleman from Ken lation in proportion to the taxes it receives from them than any tucky [Mr. SETTLE] also claims that the Republican and Populist other State in this vast Union, calls to you not to regard the voice platforms are at variance in some respects, and it is undoubtedly of the contestant; who, though not a native of that State, bas true. But, gentlemen, there is one point at least where the Re neve1·theless taken up his abode there and calls them his people, publican platform and the Populist platform agree; and that is and yet who now comes clamoring at the doors of Congress, and in favor of honest elections. That is the declaration of the Popu getting down on his knees in the dust at your feet like a craven~ list platform-that they are in favor of honest elections. William having been repudiated by his people, cries out to you for mercy F. Aldrich was nominated on the Populist platform so declaring; and asks you to do for him that which the soverf'Jgn electors re and because he stood for honest elections, it is unquestionably fused to do. I envy not this traducer and slanderer of his people true that he received a larger vote on that account, where men his position. His most inveterate enemy could not have selected knew enough to cast their votes and were not hampered instead for him a position that would more completely sate his rancor of helped by markers at the polling places. It is not material and his hate. I envy not the place to which he has himself elected what was done at the conventions. Much time has been occupied he shall be assigned by the impartial pencil of history. [Applause on this branch, but it is not material what was done at St. Louis on both sides of the Chamber and in the galleries.] for the purposes of this discussion, althoughverymaterial for the Mr. TAYLER of Ohio. I yield fifty minutes to the gentleman best interests of the country. It is not material whether Mr. from Michigan. Aldrich was nominated by one convention or the other, but it is Mr. HAMILTON. Mr. Speaker, if there is no objection, gen material whether he was elected; and if so, by what means was tlemen, we will come down to facts for a few moments in the he counted out? That is the question for this House to consider. discussion of this case. It becomes my duty as a member of the The total vote of the Fourth Congressional district of Alabama Committee on Elections No. 1 to present some of the reasons is shown by the returns on file in the office of the secretary of which have actuated the majority of that committee in reporting state as 18,319. Of these votes, according to the returns, Mr. in favor of seating William F. Aldrich, contestant, and the_unseat Aldrich received 7,345, Mr. Plowman 10,312, Mr. Dryer 658, and ing of Thomas S. Plowman, contestee. The Fourth Congressional one Golson 4. According to the returns, the five so-called white district of Alabama is about 200 miles long by about 40 miles wide. counties-Cleburne, Calhoun, Talladega, Shelby, and Chilton The peculiar shape of this district, it is said, is due to utilitarian gave 1\ir. Aldrich a vote of 6,145. They gave Mr. Plowman6,023, rather than artistic considerations. It is composed of six corm ties: giving Mr. Aldrich a majority in the white counties of the Fourth Cleburne, Calhoun, Talladega, Shelby, Chilton, and Dallas. Dalla-s, Congressional district of Alabama of 122. But in Dallas County the southernmost county, formerly belonged to what is known as the county where the largest colored population prevails, and the the Black Belt of Alabama, so called because of the color of its soil colored people, it is admitted on all hands, are generally Repub and the majority of its inhabitants. licans-in that county he runs behind, and Mr. Plowman gets the Dallas County was formerly a part of the Fourth Alabama Con vote on the returns, which elects him. On the face of the returns gressional district, which was composed entirely of bla-ck-belt in the white counties Mr. Aldrich received a majority of 122 votes. counties. In 1890, however, the State was redistricted with due The weight of the testimony is as I have stated. In Dallas County regard to political necessities, and the black belt was dismem the vote returned was: Mr. Plowman, 4,289; Mr. Aldrich, 1,200; bered and divided, and Dallas County became a part of the new and Dryer, 107. Mr. Plowman gets a majority in Dallas County Fourth. Since 1890 it is alleged that there has been a defection of 3,089. And this although the census of 1890 gives the colored from the Democracy of that part of the country, and many Dem voting population of Dallas County as 8,531 and -the white voting ocrats in the process of evolution have allied themselves with the population as 2,146, the total vote being 10,672. The total vote, Republicans, and some have halted in the tents of Populism. It according to the returns, was only 5,600-a little more than half. is alleged, however, that in spite of this defection, in spite of elec The gentleman from Kentucky [Mr. SETTLE] says that in the tion laws, the Democratic majorities have continued, which cold, last campaign the Democratic party appealed to poverty, to prej unsentimental people, addicted to mathematics, have claimed udice, to ignorance, and to disorder, and therefore this argu were utterly impossible. ment appealed to the negroes, because they are, as he says, poor William F. Aldrich, the contestant in this case, was nominated and ignorant. I think that is the first time I ever heard a gentle by a Republican convention on the 4th day of March, 1896. He man on the other side of the House use that argument. was afterwards indorsed by the Populist convention. The gen Mr. SETTLE. Will the gentleman allow me an interruption? tleman from Kentucky [Mr. SETTLE] and the gentleman from Mr. HAMILTON. Certainly. Mississippi [Mr. Fox] prefer the term nominated instead of in Mr. SETTLE. I did not say that the Democratic party made dorsed. I am not particular. He was nominated by both con that appeal. I said, if you will look at my speech in the RECORD ventions, and his nomination on the Republican platform was this morning-, that you said we made that appeal. recognized by the chairman of the national Congressional commit Mr. HAMILTON. Very well. I made a note of what the gen tee, who, if he is here, will indorse my statement. The gentleman tleman said at the time, and from that the gentleman from Ken· from Kentucky quotes from Mr. Aldrich's speech in accepting the tucky argued that therefore that appeal must have had an effect , . 1898. CONGRESSIONAL RECORD-HOUSE. 1595 on the ignorant and poverty-stricken colored men of the South as inspector of the election to be held on the 3d of November next for Presi de-ntial electors and member of the Fifty-fifth Con~ress from this district. and seduced them from their allegiance to the Republican party. We suggest the names of two or more competent citizens in each precinct That was the argument the gentleman made. and asK that we may have a representation at the polls, as the law contem~ Now, Mr. Speaker, the colored man is not disorderly; he may plates and justice d eman ds. be ignorant and he may be poor, but he knows nothing of the doc Dated at Selma, Ala., this 30th day of September, 1896. trine of the ruin of all for the em·ichment of each. He has not Then follows the list. This petition or request is signed as fol· adopted the idea of "leveling up" advocated in the last cam lows: paign. Gentlemen on the other side told us in the last campaign GEO. H. CRAIG, that the way to level up was to wipe out the results of inherent Membet· Republican E xecutive Co mmittee Fourtl~ District. distinctions between man and man and start over; to put igno W. J. GILMER, rance and vice, sagacity and stupidity, drunkenness and sobriety, Chairman People's Party of Dallas County, .Ala. H. G. KORNAGA, thrift and idleness, genius and mediocrity, all on a level, and start Chait·man R epublican Party of Dallas Coun ty, Ala. over again. At least that was one of the arguments which we G. B. DEANS, heard too often in the last campaign. Chairman .Aldrich Campaign Committee. W. F. ALDRICH, They incited the laborer to hate the man who. pays him at night Candidate 1596 OONGRESSION.AL RECORD-HOUSE. There are 31 voting precincts in the county of Dallas. In 2 pre judge of probate. When they finally did get the wires up, when cincts there was no election and in 4 precincts there was no con the boxes came and the registration certificates arrived, the in test. In the 25 contested election pTecincts in Dalla-s County there spectors thought it was too late to hold an election. That was were appointed out of the lists suggested by contestant's political simple enough, The majority against the Democrats had been friends only 6 markers. 113 in the August election immediately pTeceding. In these 25 contested precincts out of the list suggested by At precinct 7 the contestant's marker was inconveniently intel Aldrich's political friends only 1 clerk was appointed. Therefore ligent. There was not a heavy vote there and no need for it, but in 19 contested election precincts Aldrich had no markers to pre they commenced to count at half-past 2 in the afternoon, and they pare the ballots of illiterate voters and in 24 out of 25 contested evicted the Republican marker, and immediately the gentleman, election precincts he had no representative present at the counting feeling aggrieved, took a hand car and rode 7 miles to ascer of the ballots. tain if there was not some redress for this performance. l\1ean The appointing board appointed inspectors, and the inspectors while the count went on and Mr. Plowman received 36 and Mr. appointed clerks and markers, and the markers marked or failed Aldrich 16. · to mark, and the clerks tallied or failed to tally, and the inspect Mr. BARTLETT. I should like to interrupt the gentleman, I ors counted or failed to count and returned or failed to return; so will give him all the time I take from him. that in a county where the black vote is 8,531 and almost solidly 1\I.r. HAMILTON, That is very good of the gentleman. I may Republican, and the white vote is only 2,146, the vote returned want more time. showed a Democratic majority of 3,089, and a Republican candi 1\Ir. BARTLETT. Is it not a fact that in that same beat that at date, on the face of the returns, only received 1,200 votes, against the other box at which Mr. Aldrich received a majority they com 4,289 said to have been cast for a Democrat. menced to count before the Democrats commenced at this box? These facts arouse suspicion and compel careful consideration. Mr. HAMILTON. I do not remember that. Remember Aldrich carried the five white counties by a major Mr. PLOWMAN. That is the testimony. ity of 122 on the face of the returns. Mr. HAMILTON. If it is true, the gentleman can call atten An attempt is made to cast doubt upon the integrity of the vote tion to it. as returned from Mr. Aldl'ich's own precinct, Monte Vallo. Mr. Mr. BARTLETT. I will try to do so. Plowman claims-and I will only run over this briefly, so as to Mr. MANN. I will ask the gentleman if it is a fact that at make the argument on this point conclusive and as complete as any place where Mr. Aldrich received a majority the marker was possible-Mr. Plowma,nclaims and attempts to prove byaffidavit,s evicted from the polls? that he received 158 votes in Monte Vallo precinct. He is only Mr. HAMU.TON. Not that I know of. credited, however, with 119. In that connection he admits, how Mr. PLOWMAN. In every one. The Democrats were ejected, ever, that of the 158, 7 voted in Gurnee box, 10 miles away. He too. admits that 2 vo.ted in Calera and that 1 voted in Chilton County, Mr. HAMILTON. It may be possible to present such a condi reducing the number claimed by him by 10 votes; but he claims tion, but it is not in the record and has not been presented to the that he was given only 119 votes in this precinct on the face of the committee. returns, when he should have been given 148. Now, in precinct 12 the contestee had an inspector with the It is claimed on behalf of Mr. Aldrich, first, that the ele~tion scriptural name of Boaz, Mr. Boaz had had experience as an was absolutely honest; second, that he received votes according inspector. to the votes returned for him, and that the correct returns were Now, Mr. Speaker, Boaz adopted this plan. When an illiterate made, 261 votes; third, he says that the 158 affidavits procm·ed by colored man came in and asked to vote, he listened, and when the Mr. Plowman are inadmissible as being ex parte evidence, no op colored man said to the marker," I want to vote for Mr. Alledg," portunity being given for cross-examination, and not legal; but he said, "Put that down. There is no such name on the ticket; rather than have these affidavits even cast a shadow of suspicion write it down." And if he said, "I want to vote for Mr. Allrich," upon the integrity of these returns, we take them up and analyze he said, "There is no such name on the ticket; write that down." them. Firstt of those covered by the affidavits, it is shown that And when the time came to count those votes, Mr. Boaz, in the there voted at Calera 2; that there voted in Chilton County 1; further performance of his official functions, refused to count that there voted in Gurnee box 7; that there voted in Gurnee box, those votes because, I presume, the ballots were thereby identi not admitted by Plowman, 5; that there voted not at all, as shown fied. It is in evidence, also, that Mr. Boaz ruthlessly destroyed be· by the poll list, 14; that of those who made affidavit, 12 were not tween 40 and 50 ballots at that polling place for some reason which on the poll list; that 4 affidavits were not signed-total, 45. These may have been entirely satisfactory to Mr. Boaz; but the commit· affidavits are inadmissible, and there must be deducted, therefore, tee did not charge Mr. Plowman with these votes, although it 45 votes from his claim. Mr. Plowman is entitled under the affi strikes me he might just as well have been charged with them; davits to 113, and that is 6 less than he is credited with in the but we have simply charged him with 25 votes there which were returns. So that the returns from that precinct are absolutely irregularly thrown out. reliable. In precinct 18 an intelligent marker who represented Mr. Aldrich Before passing to Dallas County, I want to call your attention marked 77 votes for him and 39 others were shown to have been to certain contested election precincts in Talladega County. For cast for him by voters who could read and write, a total of 116, illustration, in precinct 5, the means employed were simple; they and yet only 68 were returned for Mr. Aldrich and 149 for Mr. were not complicated. They simply involved the use of money Plowman. Now, gentlemen, I come to Dallas County. and whisky. The court-house was located in precinct 5, in the Mr. TAYLER of Ohio. The gentleman has only six minutes. middle of the court-house square. A hallway ran north and Mr. HAMILTON. I shall only have half enough time. south through the center of it, and from the north end of the hall Gentlemen talk about eight precincts. Why, every precinct in way a path continued to the north side of the square, and from Dallas County is tinctured with fraud. It is impossible, gentle- the south end of the hallway a path continued straight to the men, to specify these precincts; but for the purposes of the gen south side of the square. At the north side of the square was a tleman who is to follow me, I will ask him to explain WoodJawn, combination store, occupied for jewelry and groceries, that was No.3, Valley Creek precinct; Harrells, No. 5, Orrville. Let him the store of one Heine. explain precincts numbered 8, 9, 10, 12, 13, 14, 23, 25, 26, 27, 28, Sixteen colored men were sworn, and all of them testified that at 29, 30, and 36; and when you come to 30 do not forget to explain tempts were made topurchasetheirvotes, to bribe them with money it. Before the committee it wa.s argued on behalf of 1\fr. Plow and whisky,and ten of these colored men swear that they yielded man that the claim of contestant that the names on the poll list to the seductions of money and whisky and did vote a.s they were re above No. 55 were unlawfully entered thereon could be sustained quested. The methods pursued were simply these: Having agreed only by some sort of jugglery with figures. In their report the to vote fo1· Mr. Plowman, a voter went in, received a small slip of minority recede from this position. I ask the gentleman to ex paper, was instructed to go down the hall, turn to the left, and plain these precincts, and if he has not taken them down, I have present his small slip of paper to one Adams, who was a Demo them here, and shall be glad to present them to him for the pur cratic marker. Mr. Adams took the gentleman into the booth, pose of hearing his explanation. marked his ticket, gave him a slip of paper, and he returned to Mr. BARTLETT. Why did you not put them in your report? Mr. Heine and received the reward for his vote. That was. simple Mr. HAMILTON. Why, Mr. Speaker, the report is full of them. enough. Answer these. I say that Dallas County is tinctm·ed and spotted In precinct 6 there was no election. with fraud from beginning to end. You say you want me to be Mr. PLOWMAN. Will you allow me to interrupt you? fair, my friend; be fair yo~elf, and answer to the character of Mr. HAMILTON. ""My time is very limited. I do not want to the proceedings at these precmcts. be discourteous. Mr. BARTLETT. I will. Mr. PLOWMAN. I do not want to interrupt you without Mr. HAMILTON. I hope you will. Now, theseprecinctsmarch your consent. with monotonous succession to the legitimate, or rather the ille· .Mr. HAMILTON. There was no election in precinct 6. There gitimate, conclusion of falsified returns. They are illuminated by were no boxes, there was no registration. The wires were cut no new vote-stealing device; no new genius appears on tt.e scene; there, and when they tried to telegraph, they could not reach the there iB not a dramatic piece of iniquity from beginning to end. 1898. CONGRESSIONA·L RECORD-HOUSE. 1597 It is the same old device of voting dead men and padding poll lists this ideal system of government can be perpetuated. Upon a from beginning to end. Given an illiterate community, dependent proper decision by this body and by all legislative bodiea before upon honest election methods, and all that is necessary to defeat which the contested-election cases come depend the life and pro the political will of the electors is for a partisan board to appoint tection of the Republic and the system of government founded partisan and dishonest inspectors, and for partisan and dishonest upon the idea of rotation by ballot. inspectors to appoint partisan, dishonest, and facile markers. The learned gentleman from Kentucky [Mr. SETTLE] yesterday That is all; it is simple enough. criticised somewhat mildly this tribunal. He said this was the Why, behind every election precinct in Dallas County there is first time he had ever known the jury to applaud either side. a perspective of fraud running back to the Dallas County appoint Well, I believe my friend might have gone further than that. ing board. That can not be denied. Fraud is not easy to prove. This tribunal has its defects. Passion is here, prejudice is here, Conspirators do not conspire in public places. But let us look at party hate is here, the cankered heart is here, as it is around the the facts: ballot box. But this is the best we have. It reminds me bf what First, they declined to appoint inspectors from the list submitted an old German farmer said to a Jew down in Statesville. The to them when there was no reason why they should not appoint Jew, who was a merchant, had cheated him, he alleged, and the from that list if they intended to be fair. This request was reason German in the quarrel which followed said, "I don't know how able. It was reasonable that Republicans and Populists should it happens that you are the chosen people of the Almighty, any have representation among the inspectors at these voting precincts, how." The old Jew replied," Why, it was the best He bad at and they were refused. That was done intelligently and the result that time." [Laughter.] accomplished was the result intended. So that, criticise the tribm;tal as much as you wish, point out Second, the inspectors appointed by the appointing board were its defects-and I admit they are numerous in the very nature of compelled by law to appoint markers from a list of not less than things-yet, my brethren, this is the best we have; it is all we six nor more than ten names presented to them by the regularly have and all we ever can have. Why so? I believe there are constituted authorities of the political parties. They refused to forty-five States in the Union, are there not? I believe every appoint these markers. They did that intelligently, and the result State in the Union has two branches of its le~islature; and under accomplished was the result intended. You can not assume that the constitution of each State each house 18 the judge of the these men were ignorant; that this all came by chance; that they elections and qualifications of its members. It must of necessity failed to appoint markers in Dallas County iR almost every pre be that way. cinct when they ought to have appointed them under the law, and Yet, to extend the idea of the learned gentleman from, Kentucky, failed to appoint honest, competent inspectors where in common if you were to go into each of these ninety tribunals and apply to sense, right, reason, and propriety they should have appointed every individual member the test which my brother the gentle such inspectors. Why, you say in some cases they appointed Re man from Nebraska [Mr. GREENE] bas no doubt applied hundreds publicans. They did not appoint them from the list, and when of times in his practice in the com-ts be would find the majority they did appoint Republicans they were helplessly ignorant, and of the members of that court disqualified and could, if practicing you know it and they knew it, and the result accomplished was before a comt, stand them aside. Why? Because there are very the result intended. few members but have at some time expressed an opinion on the Third, it was known that in an illiterate community to deprive subject, and when you "challenge to the favor" almost any judge, electors of honest, competent markers was to depriv-e them of their if there wel'e notbin~ involved but a tract of land, would sustain votes, and your inspectors did deprive the illiterate voters down your objection. Still this is the best we have and we have got to there of honest, competent markers, and did thereby deprive them rely upon it. And in my humble judgment it was a wise provisi<'n of their votes. That was done intelligently, and the result accom of the Constitution, showing the foresight of our forefathers-the plished was the result intended. The argument upon that ques provision that this House should be the sole judge of the elections tion seems to be clear. and qualifications of its members. In the heroic days of this Republic we passed the thirteenth, There is, if you think of it, a specific reason why this is so. fourteenth, and fifteenth amendments to the Constitution by There are exceptions to all general1·ules. Take, for instance, the which we gave the slave freedom, franchise, and citizenship. The law of evidence. It is a fundamental principle of law, applicable colored man is now counted in the apportionment of Representa to evidence,. that no man shall be affected by testimony uuless the tives in Congress. party against whom it is offered has had opportunity to face the The SPEAKER pro tempore. The gentleman's time has expired. witness, to cross-examine him, and unless the witness acts under Mr. TAYLER of Ohio. I yield the gentleman two minutes the solemnity of an oath. Yet there is an exception to that rule. more. W"heii a man is in extremis, when God's hand is upon him, the Mr. HAMILTON. The gentlemen from Alabama come here solemnity of the occasion supplies the place of an oath; and any and claim seats in this House based on colored population, and yet declaration he makes while laboring under that solemnity has the on election days you count the colored people out at the polls. force of an oath in the courts of justice. Many a man has lost his · Now, there is a remedy for this. One remedy is that the House life in th!lt way upon the testimony of a witness to whom the of Representatives shall refuse to seat a man in the lawmaking ordinary safeguards had not been applied. branch of this Government who claims his seat by viJ:tue of fraud. Now, I suppose that our forefathers concluded that the ballot There is another permanent, effectual, and radical cure, and that box and investigations touching the ballot box were of such a is education. The blowing of rams' horns no longer topples down sacred character as to stir up in the breast of every member in the walls of some Jericho, but the building of schoolhouses and this House and of the Senate when an election case comes before intelligent training doee~ shatter the walls of ignorance. Hail the it such candor, such sincerity, such a sense of justice that party day when Alabama can take her place among the educated and hate and party passion would for the moment leave these Halls intelligent States of the Union; then these election contests will and the cankered heart would resume its natural operations, so cease and every man will have fair play. Then there will be no that we would stand in this high place and try an election cause temptation to take advantage of illiteracy, as was done here. as though we were sworn jurors having no interest whatever in [Continued applause.l the case. Mr. TAYLER of Ohio. Mr. Speaker, !yield fifteen minutes to And I will tell the distinguished gentleman from Kentucky, the gentleman from North Carolina [Mr. LINNEY]. though I have served only one term in Congress~ that I belieye Mr. LINNEY. Mr. Speaker, these election cases are always the Committee on Elections No.1, of which I have been a mem attended with more or less excitement and passion. At the same ber, has scrupulously adhered to this principle. Let me see time it is our duty to bring to bear the very best intelligence we whether they have not. In Committee No. 1 we have decided possess in their investigation, in order that justice may be done, more cases for contestants than against them, though a majority first to t.his glorious Republic of ours, because it is of more im of the committee were Republicans. At the last session more re portance to the Republic than any one individual in it, and next ports came in from that committee to this House in favor of our to the parties of record. Democratic adversaries (because they are our adversaries in poli Plutarch, Mr. Speaker, tellsllS that a free and antimonarchical tics) than against them. I would ask the distinguished gentleman state, the proper ideal of government, was first conceived in the from Georgia, my brother, Mr. BARTLETT, who claims that this mind of a philosophic Roman over two thousand years ago, and is a war against the South, whether he, as a Democrat, can present he expressed the hope that mankind might some time be blessed such a record as that? Did the gentleman ever in his life vote with a republic where the subjects and rulers might in turn be against a brother Democrat as sitting member or contestant? governors and governed. A period of two thousand years and Mr. BARTLETT. I neyer changed my vote, as the gentleman 'Over elapsed from the time of this philosophic Roman under the from North Carolina did in one case. reign of old Romulus who conceived this ideal system up to the Mr. LINNEY. But you changed the other way, did you not? date that Hamilton actually carried into practice the idea that Mr. BARTLETT. No. the true ideal government is a government of rotation by ballot. Mr. LINNEY. Well, it has rarely been the case, at any rate. This fundamental principle, this ideal of the immortal Hamil 'l'he point I make is this-and be it said to the honor of this body ton, is the bedrock upon which our Republic stands, and the bal that these investigations have been exceptionally free from party lot and its purity, Mr. Speaker, constitute the only means whereby bias or wrong. 1598 . CONGRESSIONAL RECORD-HOJJSE. FEBRU.A.RY 9, Now, Mr. Speaker, the distinguished gentleman from Kentucky cept by your work? Yon said no more than if you had been not only made observations upon the court, but be said that the among the dead-yea, lifeless and helpless as the two dead negroes principles of which the contestant became the champion were not that voted for you, if they did vote at all. [Laughter.] Then the such as to command the support of intelligent citizens. That is issue was raised, and raised squarely. Talk about not being a not his exact language, but that is the idea. Now, I want to call vital one and not being paramount to all others! Why, Mr. attention for a moment to one or two things touching that. I Speaker, everything else sinks into utter insignificance in com shall maintain before this body, and I believe I can reasonably parison with it. It is the vital principle in our Government. maintain, that the contestant in this case became the trusted If I were to select, say, two gentlemen from this House who leader of a party that had for its leading idea, its war cry in that are more sensitive than anybody else on the question of national con:fiict, a principle-not a sentiment, but a principle-as noble as credit and the national honor, and who are in favor of having any that ever actuated any man on this continent, as n oble as any every debt of the Government paid in the best money of the that actuated Washington, Hamilton, Jefferson, or l\1onroe, and world, I should select the distinguished Speaker of the House of that this conflict which took place in the State of Alabama was a Representatives and my distinguished friend from Pennsylvania conflict touching the life of the State. [Mr. DALZELL] who sits just before me. And yet I will risk the In the presence of the distinguished gentleman from Georgia, assertion that you can take the very principles, the foundation whose philosophic tnrn of mind and whose industry never allow principles of every Republican platform, and of the platform a stone to remain unturned, never allow an idea to escape him, I under which Mr. Aldrich marched in the last campaign, and put challenge his successful contradiction of my statement that the on the idea of the late Governor Sevier, in the State of Frank cause advocated by us on this occasion was one which, whether it lin, to make coon skins a legal tender, rather than to vote for the go down before this House or not, will ever challenge the admira gold standard and at the same time to have embodied in it the tion and respect of the House and of all fair-minded people. idea-the Democratic idea-as to dishonest elections as shown Now let me read a moment from Exhibit B, page 1284: by these things, you would find them voting for coon skins with MINUTES OF THE FOURTH CONGRESSIONAL CONVENTION. honest elections rather than the gold standard and dishonesty at CALERA, ALA..., September ~t.1896. the polls. [Applause.] The convention was called to order by Chairman G. B. Deans, who named So that the platform was essentially Republican, because it John W. Pitts. of Shelby, as temporary chairman, and Frank Crichton, of declared in favor of that principle which overshadows all 6thers, Chilton, and M.D. Ivey, of Talladega, as temporary secretaries. and which is the underlying principle of the Republican party, Then follow mere matters of form. and in favor of that principle the enforcement of which in every The committee on credentials- portion of the United States is absolutely essential to national Now, mark you, it is alleged here by the distinguished gentle life, and which in every platform of the Republican party-! think man from Mississippi that these people in Alabama, the sup every one of them-in the last ten or fifteen years you will find porters of the contestant in this case, because of their ignorance, especially enunciated and attempted to be enforced. because of their low social standing (if I caught him correctly), But let us go still further, a little beyond that. They in this are not to be relied on and were utterly incapable of grasping a series of resolutions express their idea of reciprocity. They say: principle. Third. We favor a justly laid protective tariff that will build up and de I call the attention of this honorable body, gentlemen of the velop American industries. American commerce, and American homes: that will protect the farmer and wage earner, whether he be on the farm, in the House, to the character of these resolutions, and I say that they workshop, or in commercial pursnits. and will produce sufficient revenue for manifest as much intelligence, as much familiarity with the prin the needs of the Government economically administered. We condemn the ciples that were then agitating the public mind in the country introduction of pauper labor from foreign countries and of prison labor of our own country in competition with free American labor. with which the great popular mind of our country was dealing Fourth. We demand in doing for other nations what they do unto us, mak· as any set of resolutions I have ever read, and are as clearly and ing mutual concessions for mutual benefits. concisely set forth. Is not that a good Republican principle? What objection have Mr. BARTLETT. If the gentleman will permit me, I think he you to that? Again they say: misstates the position of the gentleman from Mississippi. He was Fifth. We demand financial reform and the abolition of national banks as not referring to that provision at all. And the gentleman must banks of issue. We believe the General Government should issue sufficient know, further, that the Populists in Alabama are mostly white full legal-tender money for the needs of the people npon a per capita basis and educated people. increasing with the increase of population. We demand bimetallism and condemn the single gold standard as impracticable. We condemn the sale of Mr. LINNEY. He was speaking of the supporters of his party, bonds in times of peace to maintain a system of finance the ultimate result and if I have done injustice to him, of course I did not intend it. of which is a contraction of the currency, lower wages, lower prices for com Mr. BARTLETT. He spoke of the supporters in Dallas County. modities, greater debts, and greater taxation. Mr. LINNEY. Well, he did in Dallas County (as to the sup True, that principle is not indorsed by a majority of the Repub porters of contestant), and in that county there is as much social licans in this country to the extent therein· demanded, but there standing and education among the Populists as there is in any is not a Republican platform for years which has not demanded county in the district, according to numbers. or advocated financial reform; and in this Congress, at the last of Mr. BARTLETT. Yes, ' 'according to numbers." the special session, the President sent into this Honse a message, Mr. LINNEY. Now, here are the resolutions. Let me read and a bill was introduced calling for the raising of a committee them for you: for the purpose of layin~ a foundation for financial reform. W e, the Populists of the Fourth Congressional district of Alabama, in con Mr. BARTLETT. D1d the gentleman vote for that bill? vention assembled, declare and resolve as follows: :Mr. LINNEY. Why, no; I did not and you did not either, but "Resolved, first. That we indorse the r ecent platform ofprinciples adopted by the People's Party convention at St. Louis." a good many of my brethren here did. Mr. BARTLETT. I know I did not and you did not. And I invite the attention of the distinguished gentleman from Mr. LINNEY. This convention heartily indorsed the course Georgia particularly to this item. of Mr. Aldrich in Congress, especially commending him for his Second. That the elective franchise is the priceless heritage of American efforts in behalf of the industrial school for girls located at Mon citizenship. Upon its exercise and honestly counting- it as ca.~t by the people depend the safety and perpetuity of our republican form of government. tebello, Ala. The Democrats laughed at that. But, gentlemen, Destroy the ballot and you destror. the form of government under which we because Mr. Aldrich is popular among the ladies I do not see why live. and any subversion of tbe w1ll of the people as expressed at the ballot box is revolution pure and simple. Knowing that this has been unblushingly that should work against him. and daringly done in Alabama, we demand a free ballot and an honest count; Mr. Aldrich was introduced to the convention and declared and we demand the reestablishment of a republican and constitntional gov himself in favor of McKinley for the Presidency. Now, gentle ernment in this State. men, mark you, this campaign was gone into upon that kind of a Is there anything wrong in that? Anything lacking in intelli platform, initiated upon the declaration of the principles that I gence in it; anything that shows the necessity for more education have here announced. The Democrats were split, as they always or shows the insanity of the draftsman? Is there any mark on the are. They never agree upon any one thing. It is said by Mr. face of it that would condemn it in the eyes of any of our citizens? Davis-" Cyclone" Davis, of Texas-that there are seventeen No, indeed. It is a creditable production to any man or any set separate and distinct iueconcilable lines of Democratic thought. of men, and would not have done injustice to even a Jefferson, I do not know how that is, but we know that they had various Hamilton, or Monroe. And yet gentlemen here criticise the sup lines of thought and almost as many representatives. There was porters of the man who represented that lofty sentiment in this the Gold Democracy there, represented by its candidate. There election-that noble -principle involving the national life-as if were the Silverites, represented by their candidates. such resolutions and the people who framed them were unworthy Your Gold Democracy stuck out to the end and your Free Silver of consideration upon this floor. Democrats stuck out to the end, but the Republicans and the Pop But let us go a little further. Why, gentlemen, is there a man ulists came together upon this great question of honest elections. on this floor who does not sustain the idea embodied in that reso I tell you, gentlemen of the House, they will always do it where lution? Is the Democratic party in the State of Alabama for it? there is an allegation of fraud in elections. The minority forces The evidence does not show anything of the kind. [Laughter.] necessarily come together. Let us see if they do not. Take the You are as dumb as an oyster as to whether you are for fair and State of North Carolina, for instance, where we were in pretty honest elections or against them. How are we to determine ex- nearly as bad a fix once as you in Alabama. Not quite, thank God, 1898. CONGRESSIONAL RECORD-HOUSE. 1599 for we did not vote dead "niggers," but we did a heap of devil the Republican ticket, in violation of law, in place of the regular ment, there is no doubt about that, down in North Carolina. eagle that was selected by the Republican party; and this House, [Laughter.] by an overwhelming vote, rebuked the wrong. Has that hurt What was the result? The Populists arose, many of them as Kentucky? Nay, verily; it has made the prospects of every Ken stalwart as my Brother BELL, of Colorado. Many of them had the tuckian for heaven brighter than they were before. [Laughter.] lynx-eyed intelligence of the distinguished gentleman from the By doing what? By stamping out a fraud. In addition to that, United States, who stands before me [Mr. SIMPSON of Kansas]. it has resulted in great good to the Republic. And I risk the as They are not fools by any means. They are by no means afflicted sertion now that you will never hear of another raccoon being put with idiocy. They were grand representatives of manhood, who on a Kentucky ballot from this time on until Gabriel blows his loved liberty and who hated oppression. They hated the Repub horn, if he blows it in a reasonable time. [Great laughter.] licans about as badly as they did the Democrats. They were not What did it do? It put upon such an action the correct and exactly like JERRY, for I believe he hates the Republicans now righteous judgment of this House. Suppose it had not been done, worse than he does the Democrats. what would the Kentuckians be doing now? God only knows. Mr. SIMPSON of Kansas. Yes; I think they are the enemies They would have had a dozen coons, t errapins, rats, and every of mankind. thing else on tickets; but the judgment of this House, solemnly Mr. LINNEY. They joined with the Republicans, though, be entered, checked that, and there will be no more such reckless war cause it was necessary in order to save their political lives. It was upon the ballot box. What else? The same result in my State; the case of a murderous assault upon them. They were denied the same result everywhere. When Bat Shea was executed in the equal chances and privileges at the ballot box. They were denied city of New York-- the right to have stationed by the ballot box a lynx-eyed sentinel Mr. GROW. At Detroit. who would watch theenemyandstaythe hand thatwouldputitself Mr. CUMMINGS. At Clinton Prison. corruptly upon the Ark of the Covenant of the patriot's god-the Mr. LINNEY. At Clinton Prison, up there somewhere in your ballot box-that instrumentality without the existence of which State, after trying to perpetrate a crime. there is no such thing as life in the Republic. We got together, Mr. BARTLETT. He simply killed a man. and we gave the Democrats the worst thrashing that ever a set of Mr. LINNEY. Shot him at the ballot box, as it was said was men got in the world. What else did we do? We took up the done in Arkansas; I do not know. When he was executed every election laws, we examined them carefully, and we struck out patriot through the land exulted over it. Why? It added an ad from them all that was vicious and vile. ditional prop to the sanctity and sacredness of the ballot box. The year that we diu it we even beat the Democrats in mathe And in Alabama last year when there was a contested-election matics. They had figured out that they were going to beat us by case from this very district one of the crimes alleged was that the 50,000 majority, but we astonished them, and the uprising was oath administered to some of the election officers was this: ''You such-such men as my Brother BELL and the distinguished gentle and each of you solemnly swear that you will hold this election man here [Mr. SIMPSON of Kansas] showed more power than the fairly and impartially, so help us over the fence." rLaughter.] Democrats thought, as they always will do in a contest between That was done down there. This House rebuked tbat, and from human liberty on the one hand and grinding despotism on the now until the end of time you will never hear tell of an .Alabama other. And when the vote came out it was some seventy-odd citizen taking such an oath as that. If we had not done that, thousand instead of fifty. We caught the Democrats napping~ what sort of oath would they have been taking now? God only caught them asleep. We passed an honest election law. Now, knows. So that you see whenever there is a trial-and this is a. let me tell you what was the result of that honest law. We passed trial and judgment by the House, as the House is both judge and a law that put a Populist there to watch a Democrat if he wanted jury-its effect is beneficial; it strengthens the ballot box if that to steal. [Laughter.] judgment be the correct one. Sometimes they do want to steal , and sometimes the Republicans So, I deny that this tribunal is inadequate to a proper determi want to, too. I am going to deal fairly. We placed a Democrat nation of this or any other case that may come before it. But, there to watch a Republican if he wanted to steal, and we placed gentlemen, let me call your attention to another thing. I say a lynx-eyed Populist there to watch both of the others, if they that the people down there where these men come from not only wanted to steal. The chief excellence of the Populist is that he had a good case, but this contestant presented that case before will not steal. [Laughter.] He will after a while, for he has not intelligent people. How many counties are there in the district? been in politics long enough; that is all. [La~ghter.l So in There are six counties in the district, five of them white counties North Carolina we have found the philosopher's stone. We have and one of them a negro county. Now, gentlemen of the House, placed three sentinels around the ballot box, each representing a when this question was presented to a. white county they voted different Une of thought, each watching the others, and Martin F. for Mr. Aldrich, and he came to the county of Dallas with 123 Tupper's philosophy was as good as the wisdom of Solomon when majority. he said, "Yea, and let but a dog be watching thee, its eye will tend I concede that the Caucasian in Alabama is greater than the to thy restraint." black man in intelligence. The white man knows that: although These three antagonistic agencies, representing antagonistic at the same time the poor negro is improving rapidly. We people interests, guarded the ballot box and restrained each the other of the South ought not to abuse him. In the war between the from excess in 1894. 1\Iy dear brother from Missouri rMr. CLARK], States, when the son of the slave owner was engaged in battle and I know you are interested in honest elections. You have an the daughters and wives were at home, the capable black man honest face. In 1894 we had, I believe, ten or twelve contested stood bythem and raised corn and meat for their support and pro election cases. Under the old system, when we were somewhat tected them while we were engaged in the great strife, and, so in the condition of the Alabama people, and after a fair trial in help me God, you will never hear any denouncement from me of the courts, in those cases that belonged in the courts, and after a the poor black man because of his ignorance. [Applause.] It is fair ti·ial here in the Legislature, they were decided in favor of wrong to do it. The peop~ e of the South can not afford to do it. honest elections. We can all afford to do equal and exact justice to him. Then when we got an honest bill, the last election came on, and Now, let me say as to these white counties, they gave Mr. Al there is not a contested-election case in the entire State of North drich a majority of 123. And now you come to the black county. Carolina, which is bigger than the State of Alabama. So that the How is that? Why, there are 8,000 colored voters in that county Alabama people, encouraged '\vith what was done in North Caro and about 4,000 white voters. I may not get the figures exactly lina, have engaged in this laudable work, and what was the result? correct, but that is nearly right. At any rate, the colored men The r esult was that they carried this district, but were cheated are largely in the ascendancy in that county. Now, if the vote out of it. Now, right here I want to answer the argument made of that county was actually cast for Mr. Plowman, why, he ought by my friend from 1\1ississippi, the learned Mr. Fox. He said that to retain his seat; but if it was not cast for him, then he ought this was an indictment against the South. I deny it in this high not to retain his seat. That leads me to an investigation of the place. It is no indictment against the South. . question as to what is fraud, and what evidence ought we to con Why, Mr. Speaker, is it a crime to unearth and ex-pose wrong sider as determining this great question, because it is mainly now and fraud? It is the existence of fraud in any section of the na an issue of fact. tion and not its exposure that injures any" community. It is the Mr. Best tells us that in all cases where facts are in controversy exposiD·e of crime that helps a community, while its existence un certain rules ought to govern us. He says: exposed degrades and demoralizes it. Now, let me see if I can We can only obtain that information which is absolutely essential to a just not illustrate this. The eloquent gentleman from Kentucky [Mr. conclusion in any great cause by the exercise of two·facu'J.ties of the human SETTLE] says his feelings are in favor of honest elections, and.. I mind-sensitive knowledge and judgment, No case can properly bE' deter have no doubt of it. Yet in the great State of Kentucky, to show mined, so far as your functions are concerned, by the recollection and views of any question of fact in the cause by the majority or any number of wit you that it is not an indictment against Alabama, the people of nesses. This would be to circumscribe your action and investigation by the the United States in this high place, in the Fifty-fourth Congress, range of sensitive knowledge alone. I mean by the employment of the term had an investigation of a case from the great State of Kentucky, sensitive knowledge that information which the witnesses claim to have pos sessed by the sight and hearing only, excluding the circumstances and nat and what was the result? ural evidence attending the case. They found ther& that the Democrats had put a raccoon upon We are taught by Best, in his most excellent treatise on the "Theory and 1600 CONGRESSIONAL ,RECORD-HOUSE. FEBRUARY 9, rules of presumptive proof," that "by far the ~eater number of our specu which, I say, the negro must have looked upon with alarm, and lations a.s well as the most important transactions of life carry us far be yond the bounds of intuitive and sensitive knowledge without being able to the greatest alarm. obtain demonstrative evidence to supply their room; and to make this defi But you may say, "How do you know that Republicans ever ciency a ground of cessation from speculative inquiry or action would be the knew that the contestee represented such measures?" I want to height of absurdity. He that will not eat till he has demonstration that it will nourish him, he that will not stir till he infallibly knows the business read a little document here. It is from a Democratic newspaper; he ~oes about will succeed, will have but little else to do but to sit still and and whenever a Democrat admits anything against himself, you perish.'' may conclude that it is true. It is not in human nature to make In all cases where confusion and uncertainty exists by reason of conflict an acknowledgment against one's self; and therefore admissions are ing theories, contradictory evidence, or other causes we are obliged to resort to that faculty of the mind known as judgment. The foundation of judg always accepted as the highest evidence. Now, here is an admis ment is probability or the likelihood of a proposition or fact being true or sion; and I want Judge BARTLETT to hear it. If he does, I think he false deduced from its conformity or repugnancy to our general knowledge, will pray to-night that the Lord will forgive him for ever having observation, and experience. That proposition which is founded in an ad mixture of sensitive knowledge and judgment has stronger claims upon been a Democrat or for ever having voted to keep in one of these truth than any proposition resting exclusively on one or the other. Democrats who was not elected: The Times is Democratic-warp, woof, nnd fillin~. It believes that the Now, gentleman of the House, I invite your attention to this, principles of Democracy are eternal and will not d1e. It believes that the that there are certain great principles or presumptions arising in faults, the follies, the vices of the white man's party are _preferable to the this case, founded on natural law, expressly recognized by Mr. virtues, the best intentions, and wisest capabilities o~ the black man's party in the South. It deplores the weaknesses, it laments the shortcomings, and Best, the recognition of which is absolutely essential to a fair would cure if it could, the blindness of the party of Morgan and Houston in determination of any case before any tribunal. One of them, Alabama. It stands by the nominees of the Democratic party; it gives aid grounded on natural law, is this: How would the negro of Dallas nor comfort to the candidates named by the enemies of our party. But at the same time it raises the red flag of danger and burns the red lights of County like to vote? Nobody knows how; but arguing along the Democratic peril. line suggested by Mr. Best, what is the probability? How does A primary election, so called, to nominate a Democratic candidate for Con the negro usually vote? Why, he is just about as apt to vote for gress in this district has just been held. The frauds in that election were patent'\.gross, palpable, and indefensible. The nominee'l' best friend dare not a Republican ticket and in favor of honest elections as an animal try to aefend them on the stump; the party's most devoted adherent is pow with a web foot is likely to swim in the water when it comes in erless to condone them on the hustings. contact ¢th it. Vote founded upon principles of natural law. The nominee may be, and doubtless is, a man of great probity of character My father was&. slave owner. and spotless integrity. He may have none of those small vices which are common to humanity; but he is, or hopes to be, the beneficiary of corruption rrhe distinguished gentleman has given his opinion as to what more disgraceful than has ever dishonored the party in this State. the negro would once do. I want to give my opinion as to what the negro will now do. He loves to vote better than any man you Mr. BARTLETT. From what is the gentleman reading? ever saw; he is a religious sort of a man and attends more prayer Mr. LINNEY. From Exhibit A, C. D. Haygood's testimony, meetings than our white people. The negro is more prompt in on page 511 of the record. going to the ballot box than the whito people ever were. Gen :Mr. BARTLETT. That was written in 1894. tlemen, I was once a Democrat, I will not say a mean one, but Mr. LINNEY. I do not care when it was written. I was a Democrat until I learned better. [Laughter.] My dis Mr. BARTLETT. It has nothing to do with this case. tinguished friend on the other side, Mr. BAILEY, said the Demo 1\fr. LINNEY. If you have been rascals, it does not matter crats would have repealed the civil-service law when they were in how long ago it was. rLaughter.] You can not plead the statute power if they had had sense enough. If I had had sense enough of limitation on rascafity-never in the world, especially before I never should have been a Democrat. [Laughter.] this House. fLaughter.] But while I was with them I learned much of their methods. I The SPEAKER. The time of the gentleman from North Caro learned, gentlemen of the House, a great deal of the character lina has expired. istics and the natural proclivities and natural forces of the negro. Mr. TAYLER of Ohio. I yield the gentleman from North I have gone to my father's former slave Orange and said," Will Carolina enough time to :finish the reading of this interesting doc you vote for me for the House of Representatives?" "Yes," said ument. he, "I will." " Well, will you vote for the Democratic candidate Mr. LINNEY (continuing to read)- for Congress-will you vote for himF' "No; I can't do that." The means by which Mr. Plowman was nominated are not irregularities " Why?" " Why," said he, "I must guard the bridge that car They are not the result of impulse, such as might grow in the heat of a con vention and spring from an unconsidered determination on the part of friends ried me across the black waters of the turbulent river that divided to win a fight for their favorite. They are the preconcerted, predetermined, slavery from the happy valley of freedom." preconceived, prearranged plan to nominate a certain candidate at every That i'3 the leading sentiment that controls the n.egro, and you hazard and without regard to the party's good. As the Calhoun County pa per puts it," It is Talladega's fraud." It is the party's dishonor,;. it is Mr. might as well expect to shoot off the horns of the moon with a pop Plowman's shame. It is time to call a halt. It is tune to appeal to nxed prin gun as to drive the negro away from that. [Laughter.) He cij;lles of reason. It is time to take our bearing in the storm. worships the ballot box because he knows that in it is his liberty We appeal to party authority to save the Democracy of this district from and that it is only by its perpetuation that he can keep it. Like a danger more rmmment than has threatened it in many long years. We appeal to:Mr. Plowman to rescue the Democracy, and not to bringittoshame. the lion that has lapped blood, you can never make him a slave It is possible he will be elected. If he is, no diStinction, no profit, no honor again, you never can tame him; neither can you make the negro can come to him from that election. Like all other men who have been the neglect his duty so well expressed by my father's slave Orange of beneficiaries of frand, he can only hope to reap the reward of temporary suc cess, and after that drink the bitter dregs of permanent bitterness and guarding the bridge over which he passed into the land of liberty. oblivion. Now, gentlemen, the evidence in this case shows what? It We hoist no name at our masthead. We wish we could do so without the shows that these negroes were Republicans. I ask the learned blush of shame. We await Mr. Plowman's decision; we are listening for gentleman from Georgia [1\fr. BARTLETT] when he comes to reply the p~rty's command. to point out if he can 100 Democratic negroes in the county of [Here the hammer fell.] Dallas. Mr. LINNEY: I hope the gentleman from Ohio will give me You can not do it from the evidence. But the evidence is full five minutes to discuss another matter which has just occuued and complete that these negroes were Republicans, and, being tome. Republicans, were, of course, in favor of a free ballot and a fair Mr. T~YLER of Ohio4 I yield the gentleman five minutes count. Now, you come to that county, and what do you do? You more. . reverse it; you give the contestee in this case an overwhelming Mr. LINNEY. Mr. Speaker, yesterday the distinguished gen majority, and give him almost as many votes in Dallas County as tleman from Mississippi (Mr. Fox] made a thrust at the Repub he received in all the other counties together. How did it happen? licans of the entire South and alleged that I had said that they are Can not anybody see? Mr. Best, in his great work on Evidence, actuated solely and without principle by the cohesive power of says that when any theory proposed by the human mind comes in public plunder-an old, hackneyed phrase of John Randolph that conflict with a principle of natural law, it must be rejected, be has been worn out and become threadbare years ago. The expres· cause inspiration is more powerful than human reason or human sion does me injustice. I never said any such thing. agencies. Therefore he argues that if A swears, or if a hundred I say the Republicans of the South are the equals of the Demo persons like A should swear, that they saw B steal and carry away crats of the South. There is as much social excellence there now, a log of wood, and it should be made to appear to the court that especially in my State, and it is rapidly getting to be th~ case in that log of wood weighed 10,000 pounds, then, though all the the State of Alabama, on the Republican side as on the Demo human race were to swear to it-Mr. Best teaches law students to cratic side. · Why, sir, there are few men superior to the contest disregard such testimony. And why? Because it comes in con ant in the present case-a gentleman at the head of a coaling en flict with the voice of heaven, and ought not to be regarded. terprise, a gentleman who commands the respect of all honorable I do not say that this case is as strong a.s that, but .I say that, and respectable men in that part of the country. But the gentle probability being the foundation of judgment, as this great au man from Mississippi says that I, in speaking on the civil service, thority says, this House can not possibly escape the conclusion said that there would not be enough Republicans left in the South that Dallas County, with its overwhelming negro majority, never to grease the gimlet to bore a hole to hide ourselves in; and that, cast 4,000 votes nor any considerable number of votes for Mr. he claims, is a confession that we are held together by the cohe- Plowman, the Democratic candidate, who represented measures ,sive force of public plundeL It is no such thing. The language f898. CONGRESSIONAL RECORD-HOUSE. 1601 is not capable of any such con.Struction. I was discussing the House-·Republican, Democrat, or Populist-who believes that a nature and character of the life tenure of public office. majority of the voters of Dallas County voted for Thomas S. Mr. WILLIAMS o{ Mississippi. Will the gentleman allow me Plowman; but it was necessary to create a machinery by which a question? that county would seem to cast its vote for him. . Mr. LINNEY. Yes, if the gentleman will ask it quickly, for I Now, what was done? In the election of 1894 the Democrats have very little time. conspired to defraud the people in the city of Selma. The two Mr. WILLIAMS of Mississippi. I wish to ask the gentleman Democratic inspectors, with a so-called Republican inspector, the whether he did not say in discussing the civil-service question notorious Crocheron, who was an essential lieutenant in that con.. that unless the offices were given to his constituents in North spiracy, carried out the details that had been prepared. Th~ . Carolina there would not be enough Republicans left to grease "Republican" inspector at that election himself signed in 1894 a the gimlet to bore a hole for them to hide themselves in? return which he knew was padded with 1,800 fraudulent votes. Mr. LINNEY. I never did say that. I was arguing the life He confessed himself in the Robbins case a liar; he confessed him tenure of public office, that if that principle were not abandoned self as seeking for money; he is altogether the most discredited the Administration would not be sustained in my State, and I man whose name was ever brought within the hearing of this used that metaphor. Why, sir, there are in North Carolina body. hundreds and thousands who would not vote for any party that Now, note that man's chru:acter, his history, his relation to the was in favor of the life tenure of public office-men who never ex Democrats of Dallas County. Two of the three members of the pect to hold office, who will never become candidates for office. appointing board who named inspectors, two of the three who I was simply opposing the life-tenure principle, and I introduced acted in 1894 and appointed Crocheron, were of the appointing that metaphor as an illustration of my line of though.,t. board in 1896. The third member of that Democratic appointing The gentleman can not criticise me there, because he is opposed board in 1896 was Crocheron's fellow in the Selma precinct in to the civil service throughout the South, and as the gentleman 1894, and as a coinspector signed those fraudulent returns, ·whioh from Texas [Mr. BAILEY] said in the special ~ession of Congress, he .b.-new were WI'ong and wicked. These three beautiful speci if the Democratic party had had sense enough they would have mens of Dallas County Democracy, who knew Crocheron by per repealed it when they had the power. [Laughter.l So you are sonal contact with him~these three gentlemen selected Crocheron estopped to make any criticism of me in that regara, and you are as the man who, having displayed his utter depravity in the city estopped from saying anything against me because you put a wrong of Selma in 1894, might be able to display it over the larger field construction on my metaphor, which was not intended and not war of Dallas County in 1896. And he did his work in every precinct ranted by the facts. I suppose that whenever I talk in the pres in which there is a contest; and it is upon his work, the work of ence of a Democrat I will have to whisper in future. [Laughter.] this miserable Crocheron and his Democratic conspirators, that If I was to say in all seriousness, "Now I lay me down to sleep, I this House is asked to set the seal of its approbation! pray the Lord my soul to keep," I suppose they would say that I This House has no conception of the duty it owes to itself, that , was actuated by the cohesive force of public plundel·. [Applause it owes to the people of this district, as well as to all parts of the and laughter.] ·country, if it J?ermits this conspiracy in Dallas County to go unre The SPEAKER. The time. of the gentleman has expired. buked. The mcapacity of my friends on the other side to dis cover in the contested precincts of Dallas County incontestable [Mr. BARTLETT addressed the House. See Appendi.x.] evidence of fraud; yea, the fact that so many on the other side are Mr. TAYLER of Ohio. ::M:r. Speaker, I shall engage the att-en willing to come here, knowing what is behind them, justifies the tion of the House but a moment to say a few closing words re words of Pope when he said: specting this interesting controversy. I desire first to advert to Vice is a monster of so frightful mien, the reference that my friend from Georgia made to one Nathan As to be hated needs but to ba seen; Lewis, who I said was dead and yetwas returned as having voted. Yet seen too oft, familiar with her face, My friend from Georgia endeavored to leave the impression upon We :first endure, then pity, then embrace. the mind of the House that while he had the highest regard for my desh·e to be honest, yet that I had not been entirely honest in rApplause on the Republican side.] this respect, or that I had failed to properly examine the record. 1 ask a vote on the resolution. I want to say that every unbiased mind that considers the testi Mr: BARTLETT. I desire to submit as a substitute for the mony respecting that really unimportant issue in this case will resolutions of the committee the resolutions presented by the mi come to the conclusion that Nathan Lewis was dead and yet that nority of the committee. he was on the poll book as having voted. The SPEAKER. The resolutions will be read. It is entirely true that this creature of the Crocheron Demo The Clerk read as follows: Resolved, That William F. Aldrich was not elected a member of the Fifty cratic conspiracy, who was their inspector, testified that he thought fifth Congress from the Fourth Congressional district of Alabama, and is not there were two Nathan Lewi.ses in Union beat; butthatveryman entitled to a seat therein. had testified a little while before that he had voted for Aldrich Resolved, That 'l'. S. Plowman was duly ebcted a member of the Fifty-fifth and Plowman for Congress. Then, after signing his deposition Congress from the Fourth Congressional district of Alabama, and is entitled and after conferring with the counsel for Mr. Plowman, he oppor to a seat therein. - tunely took a fit, and then went back to the witness stand and The question being taken on the substitute, the House divided; said that what he had testified to before he had testified to while and there were-ayes 107, noes 114. he was in the fit. And that is the kind of man who is to be the Mr. BARTLETT. I ask for the yeas and nays. predicate for the statement that there were two Nathan Lewises The yeas and nays were ordered. there. If there was another, he could have been produced. The question was taken; and there we1·e-yeas 124, nays 144s Nathan Lewis's death had been proclaimed weeks before, and it answered "present" 6, not voting 82; as follows: would have been easy in that community to find him if alive. YEAS-1M. But Nathan Lewis was only an incident; he was only a ripple on Adamson, De Graffenreid~ Latimer, Robinson, Ind. this stormy sea of fraud. In that very precinct, where this so Allen, De Vries, Lentz, Sayers, called Republican inspector appeared, there is as much fraud as Bailey, Dinsmore, Lester, Settle, .Baker, Til. Dc.~kery, Lewis, Ga. Shafroth, in Kings. The poll book, as I demonstrated in my opening argu Ball, Driggs, Little, Simpson, ment, indicates in almost every line its own inherent depravity. Bankhead, Elliott, Livingston, Sims, The minorit¥ report itself discredits the very return that was Bartlett, Epes, Lloyd, Skinner, Benton, Ermentront, Love, Slayden, signed by th1s man, upon whom my friend from Georgia lays so Berry, F1tzpatrick, McCoi•mick, Sparkman, great a burden. Bland, Fleming, McCulloch, Stark. Let me briefly summarize this case. The contestant during the Bodine. Fox, McDowell, Stephens, Tex. Botkin, Gaines, McRae, Stokes, last month of his campaign was the recognized Republican can Brantley, Greene, Maddox, Strait, didate-recognized by every authority that any member of this Brenner, Ohio Griffith, Maguire, Sullivan. House can recognize-the national committee, the State commit Brewer, Griggs, Marshall. Sulzer, Broussard, Gunn, Meekison, Sutherland, tee, and every committee subordinate to the State committee Brucker, Handy, Meyer, La. Swanson, which that committee had anything to do with. Whatever oppo Brundidge, Hay, Moon, Talbert, sition there was to the contestant in his own party was in the Burke, Henry, Miss. Nor ton, Ohio Tate, other counties than Dallas. When we come to Dallas County Carmack, Henry, Tex. Norton, S. C. Taylor, .Ala. Castle, Howard, Ga. Ogden, Terry, with the returned vote from the other counties, without allowing Clark, Mo. Hunter, Osborne, Todd, for the vote we give the contestant, in addition to those returned, Clayton, Jett, Otey, Underwood, we find the contestant crossing the border of Dallas with a major Cochran, :M;o. Jones. Wash. Peters, Vandiver, Cooney, Kelley, Pierce, Tenn. Vehslage, ity of 112. Dallas County has four black men to one white man; Cooper, Tex. Kin Rhea, Vincent, and Dallas County is assumed by the minority here t,o be the Dem Cowherd, Kit~, Richardson, Wheeler, Ky. ocratic stronghold of that district. It was necessary, in order Cox, Kleberg, Ridgely, Williams, Miss. Cranford, Knowles, Rixey, Vlilson, that the contestee be returned, that the Dallas County election be Davis, La.mb, Robb, Young, Va. fraudulently conducted. There is not a man on the floor of this DeArmond, Lanham, Robertson, La. Zenor. XXXL--101 .1602 CONGRESSIONAL RECORJ)-HOUSE. FEBRUARY 9, NAYS-144. Mr. ADAMS. Mr. Speaker, I desire to ask that my colleague ,&dams, Curtis, Kans. Kerr, Pu~h. from Pennsylvania, Mr. YoUNG, be excused from attendance by Arnold, Dalzell, Kirkpatrick, Qmgg, reason of death in his family. He is paired. Babcock, Danford, Knox, Ray, Baker, Md. Davenport, Lacey, Reeves, The SPEAKER. Without objection, the gentleman will be Barham, Davidson, Wis. Landis, Robbins, excused. Bartholdt, Davison, Ky. Lawrence, Royse, There was no objection. Beach, Din~ley, Linney, Shattuc, Belford, Dolliver, Littauer, Shelden, Mr. WHEELER of Alabama. Mr. Speaker, I have a general Belknap, Dorr, Lorimer Sherman, pair with the gentleman from Illinois [Mr. HoPKINS]. Bmgham, Dovener, Loudenslager. Showalter, The understanding between us was that if a question came up Bishop, Eddy, Lovering. Smith, ill. Booze, E.llis, McDonald, Smith,Wm. Alden upon which I desired to vote, I was to telegraph him, and he would Brewster, Evans, McEwan, Snover, arrange a transfer. Broderick, Fischer, Mcintire, Southard, I had no idea that the Plowman case would come up during his Bromwell, Gardner, Mahany, Spalding, Brosius, Gibson, Mahon, Sperry, absence. Gillet, N. Y. Mann, Yesterday morning I telegraphed him: ~~~~low, Gillett, Mass. Martin, ~r:~~e, Brumm, Graff, Mercer, Stevens, Minn. W ASHI:KOTON, February 8, 1898. Burleigh, Griffin, Mesick, Stewart, Wis. Hon. A . J. HOPKINS, Aurora, Ill.: Burton, Grow, Mills, Strode, Nebr. I desire especially to vote upon the Plowman election case. Please allow Butler, Hamilton, :Minor, Sturtevant, me to transfer my pair. · Cannon, Harmer. Mitchell, ~ulloway, JOSEPH WHEELER. Ca-pron, Heatwole. Moody, Tawney, Chickering, Henderson, Mudd, Tayler, Ohio I have not as yet received any reply. I shall ask, therefore, to Clark, Iowa Henry, Conn. Northway, Tongue, withdraw my vote, which was in favor of Mr. Plowman, and Clarke, N. H. Henry,lnd. Olmsted, Updegraff, desire to be recorded as present. If permitted to vote, I should Cochrane, N.Y. Hicks, Otjen, Van Voorhis, Colson, Hill, Packer, Pa. Wadsworth, vote that Mr. Plowman retain his seat. Connell, Hitt Parker, N. J. Walker, Mass' Mr. McALEER. Mr. Speaker, I am paired with the gentleman Connolly, How'e, Payne, Walker, Va. from Minnesota, :Mr. McCLEARY, and ask to withdraw my vote. Corliss, Hull, Pearce, Mo. Wanger, Cousins, Hurley, Pearson, Warner, The result of the vote was then announced as above recorded. Crump, Johnson, lnd. Perkins, White, ill. The SPEAKER. The question now is upon the resolutions Crumpacker, Johnson, N. Dak. Pitney, Williams, Pa. presented by the committee. ()urtis, Iowa Joy, Powers, Yost. Mr. BAILEY. A parliamentary inquiry, Mr. Speaker. ANSWERED ''PRESENT "-6. The SPEAKER. The gentleman will state it. Clardy, McClellan, Weaver, Wheeler, Ala. Mr. BAILEY. Can a separate vote be had on each of the reso- Codding, Miers, Ind. lutions? NOT VOTING-82. The SPEAKER. At the request of any member. Acheson, Dayton, Howell, Prince, Mr. BAILEY. I desire a separate vote. ,Alexander, Faris, J enkins, Russell, Baird, Fenton, Joaes, Va. Sauerbering, The SPEAKER. A separate vote is desired. The Clerk will Barber, Fitzgerald, Ketcham, Shannon, report the first resolution of the committee, on which the question Barlow, Fletcher, Kulp, Shuford, will now be taken. Barney, Foote, Lewis, Wash. Simpkins, Barrett, Foss Loud, Smith, Ky. The Clerk read as follows: Barrows, Fowier, N. C. Low, Smith, S. W. Resolved, That Thomas S. Plowman was not elected a member of the Belden, Fowler, N. J. Lybrand, Southwick, Fifty fifth Congress from the Fourth Congressional district of Alabama, and Bell, Grosvenor, McAleer, Stallings, is not entitled to a seat therein. Benne! Pa. . Grout, McCall, Stewart, N.J. Bennen,1 ·Hager, McCleary, Stone, C. W. The question was taken; and on a division (demanded by Mr. Boutell, lll. Hartman, McMillin, Stone, W. A. Boutelle, Me. Hawley, Marsh, Strowd, N.C. BAILEY) there were-ayes 129, noes 114:. Bradley, Hemenway, Maxwell, Ward, Accordingly the resolution was agreed to. Bull, Hepburn, Miller, Wer.mouth, Mr. BAILEY. Now, Mr. Speaker, I demand the yeas and nays Campbell, Hilborn, Morris, Wh1te, N.C. on the other proposition. Catchin~ Hinrichsen, Newlands, Wilber, Cooper, Wis. Hooker, Odell, Young, Pa. The SPEAKER. The Clerk will report the second resolution. Cummings, Hopkins, Overstreet, The Clerk read as follows: Davey, Howard, Ala. Plowman, Resolved, '.rhat William F. Aldrich was elected a member of the Fifty-fifth So the substitute resolutions were rejected. Congress from the Fourth Congressional district of Alabama, and is entitled The following pairs were announced: to a seat therein. Until further notice: The SPEAKER. The question is on agreeing to the resolution Mr. WILLIAM A. STONE with Mr. McCLELLAN. just read, and on that the gentleman from Texas [Mr. BAILEY] Mr. STEWART of New Jersey with Mr. McMILLIN. demands the yeas and nays. Mr. HOOKER with Mr. CATCHINGS. The yeas and nays were ordered. Mr. LYBRAND with Mr. MAXWELL. The question was taken; and there were-yeas 14:3, nays 112, Mr. BENNETT with Mr. GAINES. answered "present" 5, not voting 95; as follows: Mr. McCALL with Mr. STROWD of North Carolina. Mr. McCLEARY with Mr. McALEER. YEAS-143. Mr. JENKINS with Mr. HINRICHSEN. Adams. Dalzell, Knox, Reeves, Mr. HEMENW .A. Y with Mr. SMITH of Kentucky. Arnold, Davenport. Lacey, Robbins, Babcock. Davidson, Wis. Landis, Royse, Mr. CHARLES W. STONE with Mr. BENNER of Pennsylvania. Baker, Md. Davison, K::v. Lawrence, · Shattuc, Mr. BARRETT with Mr. BRADLEY. Barham, Dayton, Linney, Shelden, Mr. BOUTELL of Illinois with Mr. DAVEY. Beach, Dingley, Lorimer, Sherman, Belford, Dolliver, Loudenslager, Showalter, Mr. GROSVENOR with Mr. CAMPBELL. Belknap, Dorr, Lovering, Skinner, Mr. ODELL with Mr. CmniiNGS. Bingham, Dovener, McDonald, Smith, ill. Mr. KETCHAM with Mr. HARTMAN. Bishop, Eddy, McEwan, Smith, Wm. Alden Booze, Ellis, Mcintire, Snover, Mr. YOUNG of Pennsylvania with Mr. BAIRD. Boutelle, Me. Evans, Mahany, Southard, Mr. HOPKINS with Mr. WHEELER of Alabama. Brewster, li'oss. Mahon, Southwick, Mr. OVERSTREET with Mr. MIERS of Indiana. Broderick, Gardner, Mann, Spalding, Brosius, Gibson, Marsh, Sperry, Mr. WEAVER with Mr. JoNES of Virginia. Brown, Gillet, N.Y. Martin, Sprague, On this question: Brownlow, Gillett, Mass. Mercer, Steele, Mr. CODDING with Mr. FITZGERALD. Brumm Graff, Mesick, Stevens, 1\>linn. Mr. MILLER with Mr. CLARDY. Burleigh, Griffin, Mills, Stewart, Wis. Burton, Grow, Minor, Strode, Nebr. Mr. HowARD of Alabama with Mr. LEWIS of Washington. Butler, Hager. Mitchell, Sturtevant, Mr. FOWLER of New Jersey with Mr. STALLINGS. Cannon, Hamilton, Moody, Sulloway, Mr. MIERS of Indiana. Mr. Speaker, I am paired generally Ca-pron, Harmer, Mudd, Tawney, Chickering, Heatwole, Northway, •.rayler, Ohio with my colleague, Mr. OVERSTREET, and desire to withdraw my Clark, Iowa Henderson, Olmsted, Tongue, vote. I ask to be marked as present. Clarke, N.H. Henry, Conn. Otjen, Updegraff, Mr. McCLELLAN. Mr. Speaker, I have a general pair with Cochrane,.N. Y. Henry, Ind. Packer, Pa. Van Voorhis, Colson, Hicks, Parker, N. J. Wadsworth. the gentleman from Pennsylvania, Mr. WILLIAM A. STONE, and Connell, Hill, Payne, Walker, Mass. withdraw my vote and desire to be recorded as present. l! he Connolly, Hitt, Pearson, Walker, Va.. were present and voting, I should vote "aye" on the resolutiOns Corliss, Howe, Perkins, Wanger, Cousins, Hull, Pitney, Warner just considered. Crump, Johnson, Ind. Powers, Whtte,ru. Mr. CLARDY. I am paired with the gentleman from West Crumpac.ker, Johnson, N. Dak. Pui!h, Williams, Pa. Virginia, Mr. MILLER, and desire to withdraw my vote and be Curtis, Iowa Kerr, Qrugg, Yost. recorded a.s present. Curtis, Kans. Kirkpatrick, Ray, 1898 .. CONG~ESSIONAL RECORD-HOUSE. -1603 NAYS-112. ENROLLED BILLS SIGNED. .Adamson, De Vries, Lentz, Robertson, La. The SPEAKER annolmced his signature to enrolled bills of the Allen, Dinsmore, Lester, Robinson, Ind. following titles: Bailey, Dockery, Lewis, Ga. Sayers, Baker, ill. Driggs, Little, Settle, S. 2858. An act authorizing the Muscogee Coal and Railway Ball Elliott, Livingston, Shafroth, Company to conduct and operate a railway through the Indian B~ead, Epes, Lloyd, Simpson, TeiTitory and Oklahoma Territory, and for other purposes; and Bartlett, Ermentrout, Love, Sims, Benton, Fitzpatrick, McCormick, Slayden, S. 2553. An act to authorize the construction of a steel bridge Berra, Fleming, McCulloch, Sparkman, over the Snake River, between the States of Washington and Idaho. Blan , Fox, McDowell, Ste~hens, Tex. Bodine, Greene, McRae, Sto es, LEA. VE OF ABSENCE. Botkin, Griffith, Maddox, Strait, By unanimous consent, leave of absence was granted as follows: Brantley, Griggs, Maguire, Sullivan, Brewer, Gunn, Marshall, Sutherland, To Mr. MILLER, for four days, on account of important business. Broussru.'d, Handy, ~1eekison, Swanson, To Mr. YouNG of Pennsylvania, indefinitely, onaccountof death Brundidge, Hay, Meyer, La. Talbert, in his family. Burke, Henry, Miss. Moon, Tate, Carmack, Henry, Tex. N ort.on, Ohio Taylor, Ala'. To Mr. McCLEARY, for three days, on account of important Clark, Mo. Howard, Ga. Norton, S. C. Terry, business. Cla~on, Hunter, Ogden, - Todd, And then, on motion of Mr. DINGLEY (at 5 o'clock and 25 min· 'Coc an, Mo. Jett, Osborne, Underwood, Cooney, Jones, Wash. Otey, Vandiver, utes p.m.), the House adjourned. Cooper, Tex. Kin~ Peters, Vehslage, Cowherd, Kite ·n, Rhea, Vincent, Cox, Kleberg, Richardson, Wheeler, Ky. EXECUTIVE COMMUNICATIONS. Cranford, Lamb, Ridgely, Williams, Miss. DeArmond, Lanham, Rixey, Young, Va. Under clause 2 of Rule XXIV, the following executive commu De Graffenreid, Latimer, . Robb, Zenor. nications were taken from the Speaker's table and referred as fol lows: ANSWERED "PRESENT"-5. A letter from the assistant clerk of the Court of Claims, trans· 1h-ucker, Miers, Ind. Weaver, Wheeler, Ala. mitting a copy of the findings filed by the court in the case of McClellan, Hypolite Filhiol et al. against The United States-to the Commit. NOT VOTING-95. tee on War Claims, and ordered to be printed. Acheson, Cummings, Howell, Pearce, Mo. A letter from the Secretary of the Treasury, transmitting, with Alexander, Danford, Hurley, Pierce, Tenn. recommendations relating thereto, a draft of a bill to authorize Baird, Davey, Jenkins. Prince, Barber, Davis, Jones, Va. Russell, the consolidation of the customs collections districts-to the Com· Barlow, Faris, Joy, Sauerhering, mittee on Ways and Means, and ordered to be printed. Barney, Fenton, Kelley. Shannon, Barrett, Fischer, Ketcharr, Shuford, Barrows, Fitzgerald, Knowles, Simpkin!'!, Bartholdt, Fletcher, Kulp, Smith, Ky. REPORTS OF COMMITTEES ON PUBLIC BILLS ~D Belden, Foote, Lewis, Wash. Smith, S. W. RESOLUTIONS. Bell, Fowler, N. C. Littauer, Stallings, Benner,Pa. Fowler, N.J. Loud, Stark, Under clause 2 of Rule XIII, bills and resolutions of the follow Bennett, Gaines, Low, Stewart, N. J. ing titles were severally reported from committees, delivered to Boutell, ill. Grosvenor, Lybrand, Stone, C. W. the Clerk, and refelTed to the several Calendars therein named, as Bradley, Grout, McAleer, Stone, W. A. Brenner, Ohio Hartman, McCall, Strowd, N. C. follows: · - Bromwell, Hawley, McCleary, Sulzer, Mr. ELLIS, from the Committee on the Public Lands, to which Bull, Hemenway, McMillin, Ward, was referred the bill of the House (H. R. 5434) to repeal in part camrebell, He~burn, Maxwell, Weymouth, Caste, Hil om, Miller, White, N.C. and to limit section 3480 of the Revised Statutes of the United Catchings, Hinrichsen, Morris, Wilber, States, reported the same without amendment, accompanied by a Clardy, Hooker, Newlands, Wilson, report (No. 409); which said bill and report were referred to the Codding, Hopkins, Odell, Young,Pa. Howard, Ala. Overstreet, House Calendar. Cooper, Wis. Mr. HICKS, from the Committee on Patents, to which was re So the resolution was agreed to. ferred the bill of the House (H. R. 7397) revising and amending The Clerk announced the following additional pairs: the statutes relating to patents, reported the same without amend Until further notice: ment, accompanied by a report (No. 410); which said bill andre Mr. FISCHER with Mr. BRUCKER. port were referred to the House Calendar. Mr. ACHESON with Mr. BRENNER of Ohio. Mr. DALZELL, from the Committee on Ways and Means, to - Mr. HURLEY with Mr. SULZER. which was referred the bill of the House (H. R. 7559) making Mr. BRUCKER. Mr. Speaker, I am paired with the gentleman Rockland, Me., a subport of entry, reported the same without from New York fMr. FrscHERl. I voted "nay." I wish towith- amendment, accompanied by a 1·eport (No. 412); which said bill draw my vote ana to be recorded "present." . and report were referred to the House Calendar. Mr. WEAVER. Mr. Speaker, I am paired with the gentleman Mr. CURTIS of Iowa, from the Committee on the District of from Virginia [Mr. JoNES]. !voted "aye." I desire to withdraw Columbia, to which was referred the bill of the House (lJ. R. my vote and to be reco1·ded "present." 4101) granting the right to sell burial sites in parts of certain Mr. WHEELER of Alabama. I have a general pair with the streets in Washington City to the vestry of Washington parish gentleman from illinois [Mr. HoPKINS]. for the benefit of the Congressional Cemetery, reported the same I had an understanding with him that in the event of any mat without amendment, accompanied by a report (No. 413); which ter coming up upon which I especially desired to vote I was to said bill and report were referred to the House Calendar. telegraph him, and it was understood that he would protect him Mr. BABCOCK, from the Committee on the District of Colum self by arranging another pair. I telegraphed him yesterday as bia, to which was referred the biJl of the House (H. R . 7087) au follows: thorizing the Baltimore and Potomac Railroad Company to estab· WASHINGTON, D. C., Feb?-uanJ 8, 1898. lish a cab service, and for other purposes, reported the same with 'To Hon. A. J. HOPKINS, .Auronr, lll. amendment, accompanied by a report (No. 425); which said bill I desire especially to vote upon the Plowman election case. Please allow and report were referred to the House Calendar. me to transfer my pair. JOSEPH WHEELER. Mr. KNOX, from the Committee on the Territories, to which was referred the bill of the House (H. R. 7558) to amend an act I feel confident the telegram could not have rea-ched him. to prohibit the passage of local or special laws in the Territories, As I have received no reply, I am therefore compelled to with to limit Territorial indebtedness, etc., reported in lieu thereof a draw my vote, which was in the negative, and ask to be recorded bill (H. R. 8000) of the same title, accompanied by a report (No. "present." If permitted to vote, it would b_e in favor of Mr. 427); which said bill and report were referred to the House Cal Plowman's retaining his seat. · endar. Mr. SMITH of Kentucky. Mr. Speaker, I have a pair with the Mr. DALZELL, from the Committee on Ways and Means, to gentleman from Indiana [Mr. HEMENWAY]. If he were present, which was referred the bill of the House (tl. R. 4100) to make I should vote ''no" on this proposition. Knoxville and Bristol, Tenn., ports of delivery, and to create the The result of the vote was announced as above recorded. offices of surveyors of customs, reported in lieu thereof a bill SWEARING IN OF A MEMBER. (H. R. 7943) to make Knoxville, Tenn., a port of delivery and to create the office of surveyor of customs, accompanied by a report Mr. TAYLER of Ohio. IaskthatthegentlemanfromAlabama, (No. 411); which said bill and report were referred to the Com· Mr. Aldrich, be sworn in. . mittee of the Whole House on the state of the Union. Mr. Aldrich appeared at the bar of the House and took the oath Mr. BABCOCK, from the Committee on the District of Colum of office. bia, to which was referred the joint resolution of the House (H. 1604 CONGRESSIONAL ·RECORD-HOUSE. FEBRUARY 9, Res. 126) making an appropriation for the improvement of the Mr. LOUDENSLAGER, from the Committee on Pensions, to Anacostia River and the reclamation of its flats, reported the which was referred the bill of the Senate (S. 141) granting an in· same with amendment, accompanied by a report (No. 426); which crease of pension to Capt. John W. Dodd, reported the same with said joint resolution and report were referred to the Committee amendment, accompanied by a report (No. 421); which said bill of the Whole House on the state of the Union. and report were referred to the Private Calendar. He also, from the same committee, to which was referred the REPORTS OF COMMITTEES ON PRIVATE BILLS AND bill of the Senate (S. 482) to increase the pension of Margaret RESOLUTIONS. Custer Calhoun, reported the same without amendment, accom· Under clause 2 of Rule Xlli, private bills and resolutions of the panied by a report (No. 422); which said bill and report were re following titles were severally reported from committees, delivered ferred to the Private Calendar. t.o the Clerk, and referred to the Co:tnmittee of the Whole House, He also, from the same committee, to which was refer-red the a.s follows: bill of the Senate (S. 126) gt·anting an increase of pension to Mr. HENRY of Mississippi, from the Committee on War Claims, Henry B. Conway, reported the same without amendment, aa. to which was referred the bill of the House (H. R. 7676) for the companied by a report (No. 423); which said bill and report were relief of the heirs of Pierre Sauve, reported the same without referred to the Private Calendar. amendment, accompanied by a report (No. L101); which said bill Mr. STRODE of Nebraska, from the Committee on Pensions, to and report were referred to the Private Calendar. which was referred the bill of the Senate (S. 485) granting a pen· Mr. JENKINS, from the Committee on the District of Colum sian to Mrs. Martha Frank~ 1·eported the same without amend· bia, to which was referred the bill of the Senate (S. 2764) for the ment, accompanied by a report (No. 424); which said bill and relief of the heirs of Pam K. Soh, deceased, reported the same report were referred to the Private Calendar. without amendment, accompanied by a report (No. 402); which said bill and report were referred to the Private Calendar. Mr. GIBSON, from the Committee on Invalid Pensions, to which CHANGE OF REFERENCE. was referred the bill of the House (H. R. 3524) granting a pension Under clause 2 of Rule XXII, committees were discharged from of $30 per month to Gustavus A. Kindblade, reported the same the consideration of bills of the following titles; which were there· with amendment, accompanied by a report CN o. 403); which said upon referred as follows: bill and report were referred to the Private Calendar. · A bill (H. R. 2374) authorizing the Secretary of the Treasury to Mr. KERR, from the Committee on Invalid Pensions, to which· issue a duplicate bond to Benjamin H. March, guardian of Ruth was referred the bill of the House (H. R. 345) granting an increase March-Committee on Ways and Means discharged, and referred of pension to George D. Cook, t•eported the same with amendment, to the Committee on Claims. accompanied by a report (No. 404); which said bill and report were A bill (H. R. 2871) for the relief of Mary R. Ft·ost-Committee referred to the Private Calendar. on Ways and Means discharged, and referred to the Committee Mr. BOTKIN, from the Committee on Invalid Pensions, to which on Claims. was referred the bill of the Senate (S. 728) granting a pension to John F. Hathaway, reported the same with amendment, accom panied by a report (No. 405); which said bill and report were re PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS ferred to the Private Calendar. INTRODUCED. Mr. HENRY of Connecticut, from the Committee on Invalid Under clause 3 of Rule XXII, bills, resolutions, and memorials Pensions, to which was referred the bill of the Honse (H. R. 802) of_the following titles were introduced and severally referred as granting a pension to Benjamin F. Moulton, reported the same follows: with amendment, accompanied by a report (No. 406); which said By Mr. MAGUIRE: A bill (H. R. 7934) giving to masters of bill and report were referred to the Private Calendar. merchant vessels a right of lien for wages and advances in certain ;Mr. GIBSON, from the Committee· on Invalid Pensions, to cases-to the Committee on the Merchant Marine and Fisheries. which was referred the bill of the House (H. R. 3802) granting By Mr. KING: A bill (H. R. 7935) to grant to the State of Utah $72 per month pension to Francis M. Bruner, reported the same the Industrial Christian Home in Salt Lake City-to the Com· with amendment, accompanied by a report (No. 407); which said mittee on the Judiciary. bill and report were referred to the Private Calendar. Also, a bill (H. R. 7936) granting to the State of Utah certain Mr. DRIGGS, from the Committee on Invalid Pensions, to land upon Fort Douglas Military Reservation for a university which was referred the bill of the House (H. R. 1387) to increase to the Committee on the Judiciary. the pension of Victor Beauboucher, reported the same with amend By Mr. ELLIS: A bill (H.R. 7937) top1·ohibit the sale of intoxi· ment, accompanied by a report (No. 408); which said bill and eating liquors on any reservation or territory exclusively under report were referted to the Private Calendar. control of the United States Government, and for other purposes MI·. BRUMM, from the Committee on Claims, to which was re to the Committee on Alcoholic Liquor Traffic. ferred the bill of the House (H. R. 2818) to refund certain import By Mr. LITTLE: A bill (H. R. 7938) to prevent monopoly and duties, reported the same without amendment, accompanied by a trusts, and to secure free competition in trade amongst the States report (No. 414); which said bill and t·eport were referred to the and Territories of the United States, and· for other purposes-to Private Calendar. the Committee on the Judiciary. Mr. McEWAN, from the Committee on Claims, to which was By Mr. ELLIS: A bill (H. R. 7939) granting to William S. refen·ed the bill of the Senate (S. 58) for the relief of Stout, Hall & Byers, of Pendleton, Oreg., a right of way through the Umatilla. Bangs, reported the same without amendment, accompanied by a Indian Reservation, said State, for irrigation, manufacturing, and report (No. 415); which said bill and report were referred to the milling purposes-to the Committee on Indian Affairs. Private Calendar. By Mr. ROBERTSON of Louisiana: A bill (H. R. 7940) to au· Mr. SULLIVAN, from the Committee on Claims, to which was thorize the establishment of a fish~cultural and biological station referred the bill of the Senate (S. 57) for the t·elief of the heirs of on the Gulf of Mexico within the limits of the State of Louisi· Jacob R. Davis, reported the same without amendment, accom ana-to the Committee on the Merchant Marine and Fisheries. panied by a report (No. 416); which said bill and report were By Mr. BURKE: A bill (H. R. 7941) to limit the jurisdiction of referred to the Private Calendar. the district and circuit-courts of the United States-to the Com· Mr. McEWAN, from the Committee on Claims, to which was mittee on the Judiciary. referred the bill of the House (H. R. 4918) for the relief of J. By Mr. CRUMPACKER: A bill (H. R. 7942) providing for the Henry Rives, reported the same with amendment, accompanied distribution of Government publications to agricultural col· by a report (No. 417); which said bill and report were referred to leges-to the Committee on PrintiJ!g. the Private Calendar. From the -COMMITTEE ON WAYS AND MEANS: A bill Mr. OSBORNE, from the Committee on Claims, to which was (H. R. 7943) to make Knoxville, Tenn., a port of delivery, and to referred the bill of the House (H. R. 3962) for the relief of James create the office of surveyor of customs-to the Union Calendar. L. Hutchin, reported the same with amendment, accompanied By Mr. UPDEGRAFF (by request): A bill (H. R. 7944) tor& by a report (No. 418); which said bill and report were referred to quire the Brightwood A venue Railroad to make certain improve the Private Calendar. ments on its road between Seventh and Fourteenth streets-to He also, from the same committee, to which was referred the the Committee on the District of Columbia. bill of the House (H. R. 4790) for the relief of Homer D. McGraw, By Mr. BERRY: A bill (H. R. 7945) to provide for the issuing Lee County, Ala., reported the same without amendment, accom of commissions to warrant officers of the United States Navy-to panied by a report (No. 419); which said bill and report were the Committee on Naval Affairs. referred to the Private Calendar. · By Mr. CUMMINGS: A bill (H. R. 7946) to amend Title XI of Mr. KNOWLES, from the Committee on Pensions, to which was the Revised Statutes of the United States, relating to the Depart referred the bill of the Senate (S. 856) granting pension to Marga ment of the Interior, by adding a new chapter, to be known as ret Rowsell, reported the same with amendment, accompanied by chapter 10, creating the office of information-to the Committee a report (No. 420); which said bill and report were referred to the on Appropriations. Private Calendar. By Mr. MOODY: A bill (H. R. 7947) for the payment of claims 1898. CONGRESSIONAL RECORD-HOUSE. . 1605 adjudicated by the Court of Claims under the French spoliation Ision of $50 per month to Hester A. Hanback-to the Committee act of January 20, 1885-to the Committee on Claims. on Invalid Pensions. . By Mr. COCHRANE of New York: A bill (H. R. 7991) to pro- By Mr. DAVIDSON of Wisconsin: A bill (H. R. 7964) to grant teet free labor from prison competition, and so forth-to the Com- a pension to Otelia Hake-to the Committee on Invalid Pensions. mittee on Labor. Also, a bill (H. R. 7965) to grant an honorable discharge to By Mr. HARMER: A bill (H. R. 7995) to amend an act entitled Seneca K. Bentley-to the Committee on Military Affairs. "An act granting pensions to army nurses" (United States Stat- By Mr. ERMENTROUT: A bill (H. R. 7966) granting a pen utes at Large, volume 27, page 348)-to the Committee on Invalid sion to Melvina Greenawalt, widow of Abraham Greenawalt-to Pensions. the Committee on Invalid Pensions. By Mr. BOUTELLE of :Maine: A bill (H. R. 7996) to amend By Mr. HULL: A bill (H. R. 7967) granting a pension of S50 section 5498 of the Revised Statutes of the United States-to the per month to John, F. Skelton-to the Committee on Invalid Pen- Committee on the Judiciary. sions. By Mr. RIDGELY (by request): A bill (H. R. 7997) to ~mprove Also, a bill (H. R. 7968) to increa-se the pension of William J. the form of the currency-to the Committee on Banking and Leaverton, of Second Battery, Iowa Light Artillery-to the Com- CmTency. mittee on Invalid Pensions. Also (by request)~ a bill.(H. R. 7998) to es~blish an Ex~cutive By Mr. JONES of Washington: A bill (H. R. 7969) to pay Car- Department of pubhc bankmg-to the Comm1ttee on Banking and los W. Shane for services rendered in the winter of 1847 and 1848 Currency. in the first Cayuse war-to the Committee on Pensions. By Mr. STEVENS of Minnesota: A bill (H. R. }999) to amend By Mr. KERR: A bill (H. R. 7970) for the relief of Arthur L. an act entitled "An act to refer the claim of JesSie Benton Fre- Flint-to the Committee on Claims. mont to certain lands and improvements thereon in San :!fran- Also, a bill (H. R. 7971) granting a pension to Mary L. Cook- cisco, Cal., to the Court of Claims," being chapter 80 of the priVate to the Committee on Invalid Pensions. acts of the Twenty-seventh United Stat_es Statutes at ~a!'ge, ap- Also, a bill (H. R. 7972) to amend the record and issue an honor- proved February 10, 1893-to the Committee on the Judimary. . able discharge to James B. Sanderson, Company C, One hundred From the COMMITTEE ON THE TERRITORIES: A bill and ninety-sixthRegimentOhiolnfantryVolunteers-totheCom (H. ~· 8000) .to amend '~An. act to l?ro~bit t~e p~ss~ge of local or mittee on Military Af:Iairs. spectallaws m the Terntones, to linnt Terr1tor1al mdebtedness, Also, a bill (H. R. 7973) to increase the pension of Annie Gray- and for other purposes"-to the House Calendar. to the Committee on Invalid Pensions. B~ Mr. McCL~LLAN: A joint res_olution (H. Res. 144) to au- By Mr. KITCHIN (by request): A bill (H. R. 7974) granting a thor1ze the establishment of. a memorial fund for the l3;te Alexan- pension to Joel Savage-to the Committee on Pensions. der Henry Hoff, of ~e Medical Department of the -p-mted Sta~~s By Mr. KNOX: A bill (H. R. 7975) for the relief of Mrs.-- Volunteers and Uruted States Army-to the Comnnttee on Mih- Tilton-to the Committee on Claims. tary Affah·s. . By Mr. LENTZ: A bill (H. R. 7976) to correct the military rec- By ~r. DE ~~MOND:_A resolut~on (House Res. No. 219) re- ord of William Phillips-to the Committee on Military Affairs. questmg certain informatiOn regarding _Cuban matte!s from ~he By Mr. MEYER of Louisiana: A bill (H. R. 7977) referring to Secretary of the Treasury-to t_?.e Comnnttee on Foreign Affal!s. the Court of Claims the claims for moneys paid as customs duties By Mr .. SUL~R: A resolut10~ (House R~s. No. 220) to giVe and of internal-revenue taxes on cigars imported from the Island the Spf1DISh mm1st~r to th~ Umted States his passports-to the of Cuba by Francis A. Gonzales, and by Francis A. Gonzales and Comnnttee on Foreign Affairs. . Antonio Gonzales-to the Committee on Claims. By_ Mr. HEND~SO:t;T: A resolutio~ (House Res. No.. 221) By Mr. MOODY: A bill (H. R. 7978) granting a pension to Mrs. relative to the consideration of Senate bill1035-to the Committee Sarah A. Snay-to the Committee on Invalid Pensions. on Rules. By Mr. PUGH: A bill (H. R. 7979) removing charge of deser- tion from military record of William P. Tayl01·-tothe Committee PRIVATE BILLS AND RESOLUTIONS INTRODUCED. on Military Affairs. Under clause 1 of Rule XXIT, private bills and resolutions of By Mr. SAYERS: A bill (H. R. 7980) for the relief of citizens the following titles were introduced and severally referred as fol of Brenham, Washington County, Tex., whose property was de· lows: stroyed September 7, 1866-to the Committee on War Claims. By Mr. BINGHAM: A bill (H. R. 7948) granting an increase of By Mr. SULLIVAN: A bill (H. R. 7981) for the relief of the pension Maria A. Birney-to the Committee on Invalid Pensions. estate of William M. Kimmons, deceased, late of Lafayette County, By Mr. BOUTELLE of Maine: A bill (H. R. 7949) to remove the Miss.-to the Committee on War Claims. charge of desertion against David Hurlburt, late of Company C, By Mr. SWANSON: A bill (H. R. 7982) referring to the Com·t Sixth Regiment Infantry, Maine Volunteers, and authorize his of Claims the claim of the legal heirs of John Harper, deceased, honorable discharge-to the Committee on Military Affairs. to certain lands in the State of Virginia-to the Committee on Also, a bill (H. R. 7950) granting a pension to Russell D. Royal Claims. to the Committee on Invalid Pensions. By Mr. WHEELER of Alabama: A bill (H. R. 7983) for the By Mr. BROWNLOW: A bill (H. R. 7951) for the relief of relief of Jesse Roberts-to the Committee on Military Affair~. James B. Leedy-to the Committee on Military Affairs. · Also, a bill (H. R. 7984) for the relief of the estate of Mills Also, a bill (H. R. 7952) granting a pension toW. C. Ryan-to Jenkins, deceased, late of Madison County, Ala.-to the Commit· the Committee on Iuvalid Pensions. tee on War Claims. Also, a bill (H. R. 7953) for the relief of Willis M. Kent-to the Also, a bill (H. R. 7985) directing the Secretary of the Treas Committee on Military Affairs. ury to a-scertain the amount still due and unpaid to depositors in Also, a bill (H. R. 7954) granting a pension to Sarah Cupp-to the Freedman's Bank-to the Committee on Banking and Cur the Committee on Invalid Pensions. rency. Also, a bill (H. R. 7955) for the relief of William Ridens-to Also, a bill (H. R. 7986) for the relief of Isaac Thompson-to the Committee on War Claims. the Committee on Military Affairs. Also, a bill (H. R. 7956) granting a pension to Mrs. Elizabeth By Mr. YOUNG of Pennsylvania: A bill (H. R. 7987) for the Herron, of Silverpoint, Tenn. -to the Committee on Invalid relief of Max Muller, late private Company K, Third Regiment Pensions. United States Infantry-to the Committee on Military Affairs. Also, a bill (H. R. 7957) for the relief of James H. Knox, of By Mr. McDONALD: A bill (H. R. 7988) to remove certain dis Marshall Co1mty, Miss.-to the Committee on War Claims. abilities in the case of Ezel;el Ayres-to the Committee on Military Also, a bill (H. R. 7958) for the relief of Jethro Hill, of Hamblen Affairs. County, Tenn.-to the Committee on War Claims. By Mr. PITNEY (by request): A bill (H. R. 7989) granting an By Mr. BURKE: A bill (H. R. 7959) to grant a pension to Isaac increase of pension to Annie J. Bassett-to the Committee on In Gibson, late a major, Sixth Illinois Cavalry-to the Committee on valid Pensions. Invalid Pensions. By Mr. WANGER: A bill (H. R. 7990) for the relief of AliceA. Also, a bill (H. R. 7960) to confer juris-diction upon the Court Hartz, helpless child of John Hartz, late a private in Company K, of Claims to adjudicate the claim of Wynona A. Dixon, and to One hundred andsixty-thirdRegiment Pennsylvania Volunteers remove the bar of the statute of limitations therefrom-to the to the Committee on Invalid Pensions. Committee on War Claims. By Mr. LOUDENSLAGER: A bill (H. R. 7992) for the relief By Mr. CRUMPACKER: A bill (H. R. 7961) to correct the mil of the widows and children of William Ryan and JohnS. Taylor, itary record of George Yeager-to the Committee on Military Af deceased-to the Committee on Claims. fairs. By Mr. BROWNLOW: A bill (H. R. 7993) for the relief or By Mr. CURTIS of Iowa: A bill (H. R. 7962) granting a pen Lewis White-to the Committee on War Claims. sion to Mary Prendergast--to the Committee on Invalid Pensions. By Mr. JOHNSON of North Dakota: A bill (H. R.7994) fm· the By Mr. CURTIS of Kansas: A bill (H. R. 7963) granting a pen- relief of John Henn-essey-to the Committee on Claims. 1606 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 9, - PETITIONS, ETC. Junior Order United Americs.n Mechanics, praying for the enact Under clause 1 of Rule XXII, the following petitions and papers ment of legislation which will more effectually restrict immigra- were laid on the Clerk's desk and referred as follows: tion and prevent the admission of illiterate, pauper, and criminal By Mr. BAKER of Maryland: Petition of Adam Kramer and classes to the United States-to the Committee on Immigration other citizens of Baltimore County, Md., in favor of the passage and Naturalization. of a bill to prevent the admission of illiterate, pauper, and crimi Also, resolutions of the National League of Commission Mer nal classes to the United States-to the Committee on Immigra chants of the United States, favoring the passage of the Torrey tion and Naturalization. bankruptcy bill-to the Committee on the Judiciary. By Mr. BELFORD: Petition of Benjamin G. Halsey and other Also, petition of the Young People's Society of Christian En citizens of Westhampton, N.Y., favoring the enactment of legis deavor of the Third United Presbyterian Church~ of Pittsburg, Pa., lation to more effectually restrict immigration and prevent the praying for the passage of a bill to prohibit the sale of liquors in admission of illiterate, pauper, and criminal classes to the United Government buildings-to the Committee on Alcoholic Liquor States-to the Committee on Immigration and Naturalization. Traffic. By Mr. BINGHAM: Petitions of citizens of Philadelphia, Pa., By Mr. DAVIDSON of Wisconsin: Petition of Bernhard Stern favoring the enactment of legislation more effectually to restrict & Sons and other millers, of Milwaukee, Wis.~ in favor of the pas immigration-to the Committee on Immigration and Naturaliza sage of a bill to prohibit the adulteration of food-to the Commit tion. tee on Ways and Means. ByMr.BOTKIN: Resolutionsof LincolnPost,No.1,of Topeka, By Mr. DOVENER: Petitions of J. W. Pultz and 89 others, Kans., expressive of the opinions and sentiments of the members Richard Robertson and 72 others, all citizens of Wheeling, W.Va., of the post upon the assaults now being made upon the pension asking for the enactment of legislation which will more effectually rolls-to the Committee on Invalid Pensions. restrict immigration-to the Committee on Immigration and - Also, resolutions adopted at a meeting of the members of the Naturalization. bar of Wichita, Kans., relating to the division of said State into By Mr. FOSS: Petition of physicians of Jerseyville, Til., pro two Federal court districts-to the Committee on the Judiciary. testing against the passage of Senate bill 1063, know as the anti By Mr. BOUTELLE of Maine: Petition of Adoniram J. vivisection bill-to the Committee on the District of Columbia. McKenney for the removal of the charge of desertion-to the Also, 1·esolntion of the Chicago Board of Trade, favoring the Committee on Military Affairs. bill framed by the monetary commission for reform in the cur Also, petition of James Johnston, first sergeant Company C, rency:-to the Committee on Banking and Currency. Fifteenth Regiment Maine Volunteers, for a pension-to the Com By Mr. GAINES: Petition of merchants, manufacturers. capi mittee on Invalid Pensions. talists~ traveling salesmen, and 180 citizens of Nashville, Tenn., Also, paper to accompany House bill granting a pension to Rus protesting against the passage of the so-called anti-scalpers bill sell D. Royal-to the Committee on Invalid Pensions. to the Committee on Interstate and Foreign Commerce. Also, paper to accompany House bill to amend section 5498~ By Mr. GRIFFIN: Petitionof Castle Rock Lodge, Independent United States Revised Statutes-to the Committee on the Order Good Templars, of Sparta, Wis., asking for the passage of Judiciary. a bill to forbid the sale of intoxicating beverages in aU Govern Also, petition of Mrs. Emeline P. Low for a pension-to the ment buildings-to the Committee on Public Buildings and Committee on Invalid Pensions. Grounds. Also, petition of Martha F. Peavy for a pension-to the Com By Mr. GRIFFITH: Petition of theW. Trow Company, of mittee on Invalid Pensions. Madison, Ind., for legislation preventing the adulteration of Also, petition of Mrs. Thankful C. Burnham for a pension-to fiour-to the Committee on the District of Columbia. the Committee on Invalid Pensions. Also, certificate of M. C. Garber, postmaster of Madison, Ind., Also, petition of Samuel R. Spencer, of Oldtown, Me., for re filed in support of House bill No. 6593, for the relief of John lief-to the Committee on Military Affairs. Dickson-to the Committee on Military Affairs. Also, petition of David Hurlbut for the removal of the charge By Mr. GROW: Petition of the Woman's Christian Temperance of desertion from his war record-to the Committee on Military unions of Lackawanna and Luzerne counties, State of Pennsyl Affairs. vania, in favor of legislation to protect State anti-cigarette laws By Mr. BROSIUS: Petition of 27 citizens of Mountville, Pa., by providing that cigarettes imported in original packages on asking for the enactment of legislation which will more effectually entering any State shall become subject to its laws-to the Com restrict immigration-to the Committee on Immigration and Nat- mittee on Interstate and Foreign Commerce. uralization. . . Also, petition of the Woman's Christian Temperance Union of Also, petition of the Young People's Society of Christian En Lackawanna and Luzerne counties, Pa., for the passage of a bill deavor of Little Britain, Pa., favoring the enactment of legislation to further protect the first day of the week in the District of to protect State anti-cigarette laws by providing that cigarettes Columbia-to the Committee on the District of Columbia. imported in original packages on entering any State shall become Also, petition of the Woman's Christian Temperance Union of subject to its laws-to the Committee on Interstate and Foreign Lackawanna and Luzerne counties, Pa., praying for the enact Commerce. ment of legislation prohibiting the sale of intoxicating liquors in By Mr. BUTLER: Petitions of citizens of Downingtown, West all Government buildings-to the Committee on Public Buildings Bradford, and Marshallton, State of Pennsylvania, favoring the and Grounds. enactment of legislation to more effectually restrict immigration Also, petition of the Woman's Christian Temperance Union of and prevent the admission of illiterate, pauper, and criminal Lackawanna and Luzerne counties, Pa., praying for the enact classes to the United States-to the Committee on Immigration ment of legislation prohibiting interstate gambling by telegraph, and Naturalization. telephone, or otherwise-to the Committee on Interstate and By Mr. BULL: Petition of George H. Hope and citizens of Provi Foreign Commerce. dence and Pawtucket, R .. I., favoring the passage of a bill that Also, petition of the Woman's Christian Temperance Union of will more effectually restrict immigration and prevent the admis Lackawanna and Luzerne counties, Pa., praying for the enact sion of illiterate, criminal, and pauper classes to the United ment of legislation raising the age of protection for girls to 18 States-to the Committee on Immigration and Naturalization. yeara in the District of Columbia and Territories-to the Com Also, resolutions of the thirty-first annual encampment of the mittee on the District of Columbia. Department of Rhode Island, Grand Army of the Republic, in By Mr. HANDY: Sundry petitions of Edwin F. Wood and 25 favor of a national military park at Vicksburg, Miss.-to the other citizens of Dover, W. R. Sirman and 25 others, John Maag Committee on Military Affairs. and 25 others, Hon, Samuel Alrich and 50 others, all citizens of By Mr. CAPRON: Resolutions adopted at the thirty-first annual the State of Delaware, favoring the passage of a law which will encampment of the Department of Rhode Island, Grand Army of exclude from entrance into the United States undesirable immi the Republic, in favor of a national military park at Vicksburg, ,grants of all classes-to the Committee on Immigration and Nat Miss.-to the Committee on Militarv Affairs. uralization. By Mr. COCHRANE of New York: Petition of the Woman's By Mr. HARMER: Petitions of R. A. Magill, E. L. Hudson, Christian Temperance Union of Wynant.s Rill, N.Y., praying for William W. Koch, and other citizens of the Fifth Congressional the enactment of legislation to protect State anti-cigarette laws by district of Pennsylvania, for the enactment of legislation which providing that cigarettes imported in original packages on enter will more effectually restrict immigration and prevent the admis ing any State shall become subject to its laws-to the Committee sion of illiterate, panper, and criminal classes to the United States on Interstate and Foreign Commerce. to the Committee on Immigration and Naturalization. By Mr. CURTIS of Iowa: Resolutions of the Academy of Nat Also, petition of Vessel Owners and Captains' Association of ural Sciences of Davenport, Iowa, protesting against the passage Philadelphia, Pa., favoring Senate bill No. 624, for the creation of Senate bill1063, known as the anti-vivisection bill-to the Com of a department of commerce and industry-to the Committee on mittee on the District of Columbia. Interstate and Foreign Commerce. By Mr. DALZELL: Petition of sundry citizens of the State of By Mr. HENDERSON: Resolutions adopted by the Academy of Pennsylvania and resolutions of Sons of Liberty Council, No. 452, Sciences of Davenport, Iowa, protesting against the passage of the 1898. CONGRESSIONAL RECORD-HOUSE. - bill restricting vivisection-to the Committee on the District of ing reference of his claim to the Court of Claims-to the Commit Columbia. tee on War Claims. By Mr. HENRY of Indiana: Petition of Clark McKinley and 137 Also, petition of William P. Carper, of Jefferson County, W.Va., citizens of Muncie, Ind., praying for the enactment of legislation requesting reference of his claim to the Court of Claims, under act which will more effectually restrict immigration and prevent the of March 3, 1883-to the Committee on War Claims. admission of illiterate, pauper, and criminal classes to the United Also, petition of D. C. Miller, of Russell County, Ky., asking States-to the Committee on Immigration and Naturalization. reference of his claim to the Court of Claims-to the Committee on By Mr. JOHNSON of North Dakota: Petition and memorial of War Claims. the Turtle Mountain band of Chippewa. Indians in North Dakota, Also, petition of R. B. Dunbar, of Russell County, Ky.~ asking asking for the printing of the accompanying Department letters, reference of his claim to the Court of Claims-to the Committee on with the petition and memorial, including Exhibits Nos. 1, 2, 3, 4, War Claims. 5, and 6-to the Committee on Indian Affairs. . Also, petition of John G. Anderson, of Hickman County, Ky., Also, petition of the Woman's Christian Temperance Union of praying that his war claim be referred to the Court of Claims-to Grafton, N. Dak., in favor of legislation to protect State anti the Committee on War Claims. cigarette laws by providing that cigarettes imported in original Also, petition of John Webb, of Russell County, Ky., request packages on entering any State shall become subject to its laws ing reference of his claim to the Court of Claims, under act of to the Committee on Interstate and Foreign Commerce. March 3, 1883-to the Committee on War Claims. By Mr. KELLEY: Protest of Nottmeyer & Miller and other Also, petition of William D. Kelley, of Harlan County, Ky., firms of Redfield, S.Dak., against the passage of a general bank asking reference of his claim to the Court of Claims-to the Com ruptcy bill-to the Committee on the Judiciary. mittee on War Claims. By Mr. KERR: Resolutions of McLaughlin Post, No. 131, Grand Also, petition of Aaron McClure, of Russell County, Ky., ask Army of the Republic, of Mansfield, Ohio, favoring a pension of ing reference of his claim to the Court of Claims-to the Commit- 12 per month to soldiers' widows-to the Committee on Invalid tee on War Claims. . Pensions. Also, petition of Mrs. A.M. Bush, of Gilmer County, W.Va., Also, petition of the Woman's Christian Temperance Union of praying that her war claim be refen·ed to the Court of Claims-to Oberlin, Ohio, urging the passage of House bill No. 479, to pro the Committee on War Claims. hibit the sale of liquor iu all Government buildings-to the Com By Mr. ROBBINS: Petitions of J. C. Beason, C. M. Altman, mittee on Public Buildings and Grounds. M. H. Bowman, and 72 other citizens of Jeannette; also petition By Mr. KITCHIN: Petition of W. W. Rowe and 102 others, of of citizens of Greensburg and Cribbs, all in Westmoreland County, Greensboro; C. H. Johnson and 18 others, of Haw River; J. W. Pa., favoring the enactment of legislation to more effectually re B. Bason and others, of Alamance; W. S. Weatherspoon and oth strict immigration and prevent the admission of illiterate, pauper, ers, of Guilford County, all in the State of North Carolina, pray and criminal classes to the United States-to the Committee on ing for the enactment of -legislation which will more effectually Immigmtion and Naturalization. restrict immigration and prevent the admission of illiterate, pau Also, petitions of the United Presbyterian congregations of New per, and criminal classes to the United States-to the Committee Alexandria and Stewart Station, State of Pennsylvania, urging on Immigration and Naturalization. the passage of a bill to prohibit the sale of liquors in Government By Mr. KLEBERG: Petition of citizens -of Brighton, Tex., for buildings-to the Committee on Public Buildings and Grounds. the Government to assume control and secure deep water at Aran By Mr. SAYERS: Papers to accompany House bill for the relief sas Pass Harbor in Texas-to the Committee on Rivers and Har of the citizens of Brenham, 'l'ex.-to the Committee on War bors. Claims. Also, petition of citizens of Goliad, Tex., against the passage of By Mr. SHERMAN: Petition of Henry A. Bormann and other a general bankruptcy bill-to the Committee on the Judiciary. citizens of Rome, N.Y., praying for the enactment of legislation By Mr. LENTZ: Papers to accompany House bill to remove the excluding illiterate immigrants-t.o the Committee on Immigra charge of desertion against William Phillips, late a private in tion and Naturalization. Company H, One hundred and fourteenth Regiment Ohio Volun By Mr. SIMPSON of Kansas: Petition of C. A. Reynolds and teer Infantry-to the Committee on Military Affairs. others, asking the Government to assume control and secure deep Also, papers to accompany House bill for the relief of M. Keith water at Aransas Pass Harbor in Texas-to the Committee on to the Committee on Military Affairs. Rivers and Harbors. By Mr. LEWIS of Georgia: Petition of the Board of Trade of By Mr. SMITH of Arizona: Protest of citizens of Mesa, At·iz., Cordele, Ga., protesting against the passa~e of a general bank against the passage of a general bankruptcy bill-to the Commit ruptcy bill-to the Committee on the Judiciary. tee on the Judiciary. By Mr. McALEER: Resolutions of the select council of Phila By Mr. SPRAGUE: Resolution of the Boston (Mass.) Waiters' delphia, Pa., favoring House bill No. 4069, relating to the navy Alliance, against the passage of the so-called anti-scalping ticket yard at League Island; also for an appropriation for a dry dock at bill-to the Committee on Interstate and Foreign Commerce. League bland Navy-Yard-to the Committee on Naval Affairs. Also, resolutions of the Fruit and ~roduce Exchange of Boston, By Mr. McCORMICK: Protest of the Western Retail Imple Mass. , favoring reciprocity with Canada-to the_ Committee on ment and Vehicle Association, against the Haskell Indian School Foreign Affairs. at Lawrence, Kans.-to the Committee on Indian Affairs. By Mr. STARK: Papers to accompany House bill No. 7311, Also, petition of the Christian Endeavor Society of Simpson, granting an increase of pension to Julius A. Smith, of Beatrice, Kans., praying for the enactment of legislation prohibiting the Nebr.-to the Committee on Invalid Pensions. sale of intoxicating liquors in all Government buildings-to the By Mr. SULLOWAY: Petitions of E. B. Prime and 109 others, Committee on Public Buildings and Grounds. Fred S. Knowles and 72 others, all citizens of Portsmouth, N.H., By Mr. McDONALD: Petition of Marion C. Haller, Joseph H. favoring the enactment of legislation which will more effectually Rhoderick, M.G. Urner, W. H. Hinks, and 398 other citizens of restrict immigration and prevent the admission of illiterate, pau [ Frederick City, Md., in favor of the enactment of legislation which per, and criminal classes to the United States-to the Committee will more effectually restrict immigration and prevent the admis on Immigration and Naturalization. sion of illiterate, pauper, and criminal classes to the United States Also, petitions of the Woman's Christian Temperance unions of to the Committee on Immigration and Naturalization. Webster, Epping, Ashland, and Grantham, N.H., praying for the By Mr. OTJEN: Petition of the Municipal League of Milwau enactment of legislation to protect State anti-cigarette laws by kee, Wis., protesting against the passage of House bill No. 5854, providing that cigarettes imported in original packages on enter removing 40,000 positions from the civil service-to the Commit ing any State shall become subject to its laws-to the Committee tee on Reform in the Civil Service. on Interstate and Foreign Commerce. Also, memorial of the common council of the city of Milwaukee, Also, petition of the Woman's Christian Temperance Union of Wis., asking for an appropriation for deepening the harbor at Webster, N. H., praying for the enactment of legislation prohibit Milwaukee, Wis.-to the Committee on Rivers and Harbors. ing the sale of intoxicating liquors in all Government buildings Also, petition of Bernhard Stern & Sons and other business to the Committee on Public Buildings and Grounds. firms of Milwaukee, Wis., in favor of the pure-food bill-to the Also, petitions of the Woman's Christian Temperance unions of Committee on Ways and Means. Webster and Manchester, N. H., praying for the enactment of By Mr. RICHARDSON: Petition of Vincent Jackson, adminis legislation prohibiting interstate gambling by telegraph, tele trator of .Caleb N. Jackson, deceased, late of Knox County, Ky., phone, or otherwise-to the Committee on Interstate and Foreign requesting reference of his claim to the Court of Claims, under Commerce. act of March 3, 1883-to the Committee on War Claims. Also, petition of the Woman's Christian Temperance Union of Also, petition of John H. Hacker, of New Madrid, Mo., asking Webster, N.H., praying for the enactment of legislation raising reference of his war claim to the Court of Claims-to the Com the age of protection for girls to 18 years in the District of Colum mittee on War Claims. bia and the Territories-to the Committee on the Judiciary. Also, petition of J.P. Beasley, of Hickman County, Tenn., ask- Also, petition of the Woman's Christian Temperance Union of 1608 CONGRESSIONAL RECORD-SENATE. FEBRUARY 10, Webster, N.H., praying for the enactment of legislation .substi islation to prohibit interstate gambling by telegraph, telephone, or tuting voluntary arbitration for railway strikes-to the Commit otherwise; which was referred to the Committee on the Judiciary. tee on Labor. He also presented a petition of the Woman's Christian Temper Also, petitions of the Woman's Christian Temperance union.s of ance Union of Bangor, Me., praying for the enactment of legisla Webster, Manchester, and Epping, N. H., for the passage of a bill tion to substitute voluntary arbitration for railway strikes; which to further protect the first day of the week in the District of Co was referred to the Committee on Education and Labor. lumbia-to the Committee on the District of Columbia. He also presented a petition of the Woman's Christian Temper Also, petition of the Woman's Christian Temperance Union of ance Union of Bangor, Me., praying for the enactment of a Sun Webster, N.H., praying for the enactment of legi.slation prohib day-rest law for the District of Columbia and the Territories; iting the interstate transmission of newspaper descriptions of which was referred to the Committee on the District of Columbia. prize fights, etc.-to the Commit+IJ9e on Interstate and Foreign He also presented a petition of the Woman's Christian Temper Commerce. ance Union of Bangor, Me., praying forth~ enactment of legisla Also, petitions of the Woman's Christian Temperance Unions of tion to rai.se the age of protection for girls to 18 years in the Di.s Webster and Manchester, N.H., praying for the enactmentof leg trict of Columbia and the Territories; which was ordered to lie islation prohibiting kinetoscope reproduction of prize fights i.n the on the table. District of Columbia and the Territories-to the Committee on He also presented a petition of the Woman's Christian Temper Interstate and Foreib'll Commerce. ance Union of Bangor, Me., praying for the enactment of legisla Also, petition of the Woman's Christian Temperance Union of tion to prohibit the inteJ.·state and mail circulation of newspaper Sandwich, N.H., in support of certain bills now pending in the descriptions of prize fights; which was refen·ed to the Committee House-to the Committee on the Judiciary. on the Judiciary. . By Mr. UPDEGRAFF: Petition of property owners on Kenyon He also presented a petition of the Woman's Christian Temper and Marshall streets, relating to theBrightwoodAvenueRailroad ance Union of Bangor, Me., praying for the enactment of legislar Company-to the Committee on the District of Columbia. tion to prohibit the reproduction of prize fights by the kinetoscope By Mr. VEHSLAGE: Protest of the Municipal Assembly of New or other kindred devices; which was ordered t.o lie on the table. York City, against the curtailment of postal facilities of New He also presented petitions of the Woman's Chri.stian Temper York-to the Committee on the Post-Office and Post-Roads. ance Union of Harrison, of the Congregational Sabbath School of By Mr. YOUNG of Pennsylvania: Petitions of Z. Taylor Woben Harrison, and of the Woman's Christian Temperance Union of smith, Harry S. Wright, and 22 citizens of Philadelphia; M. H. Bangor, all in the_State of Maine, pra;ing for the enactment of Rasener and others of the Fourth Congressional and other di.stTicts legislation to prohibit the sale of intoxicating liquors in all Gov of Pennsylvania, praying for the enactment of legi.slation exclud ernment buildings; which were referred to the Committee on ing illiterate immigrants-to the Committee on Immigration and Public Buildings and Grounds. N atnralization. He also presented petitions of the Woman s Christian Temper ------Also, resolution of the select and common councils of the city of ance Union of Harrison, of the Congr,egational Sabbath School Philadelphia, Pa., praying for an appropriation for a dry dock at of Harrison, and of the Woman's Chri.stian Temperance Union of League Island-to the Committee on Naval Affairs. Bangor, all in the State of Maine, praying for the enactment of Also, resolution of the select and common councils of the city of legislation to protect State anti-cigarette laws by providing that Philadelphia, urging the passage of the bill making League Island cigarettes imported in original packages on entering any State Navy-Yard, of Philadelphia, a naval repair station-to the Com shall become subject to its laws; which were referred to the Com mittee on Naval Affairs. mittee on Interstate Commerce. Also, resolution of the select and common councils of Philadel Mr. McMILLAN presented petitions of the Woman's Christian phia, for the con.struction of retaining walls to the back channel Temperance Union of Adrian, of sundry citizens of South Butler, at League Island Navy-Yard-to the Committee on Naval Affairs. and of the Christian Endeavor Society of Grosse Point, all in the Also, petition of Ed. McNulty and others, praying for the pas State of Michigan, praying for the enactment of legislation· to sage of House bill No. 1638, to ameliorate the present conditions prohibit the sale of intoxicating liquors in the Capitol and all of American seamen-to the Committee on the Merchant Marine Government bnildings; which were referred to the Committee on and Fisheries. Public Buildings and Grounds. He also presented a petition of the Woman's Christian Temper ance Union of Adrian, :Mich.., praying for the enactment of legis SENATE. lation to prohibit kinetoscope reproductions of prize fights in the District of Columbia and the Tenitories; which was ordered to THURSDAY, February 10, 1898. lie on the table. Prayer by Gen. WILLIAM BooTH, of the Salvation Army. He also presented a petition of the Woman s Chl'istian Temper The Journal of yesterday's proceedings was read and approved. ance Union of Adrian, Mich., praying for the enactment of legis lation to protect State anti-cigarette laws by providing that ciga HOUSE BILL REFERRED. rettes imported in original packages on entering any State shall The bill (H. R. 7933) making appropriation.s for expenses of become subject to it5 laws; which was ordered to lie on the table. United States courts, was read twice by its title, and referred to He also presented a petition of the officers of the Naval Militia the Committee on Appropriation.s. of the State of illinois, praying for the con.struction of a new and modern steamer to replace the ancient and obsolete U.S. S. Michi PETITIONS AND MEMORIALS. gan, now in commission upon the Great Lakes; w~ch was re Mr. MITCHELL presented a petition of the common council of ferred to the Committee on Naval Affairs. Oconto, Wis., praying that an appropriation be made for dredg He also presented a petition of the eleventh annual convention ing the harbor of that city to a depth of 16 feet; which was re of the International Association of Factory Inspectors, praying ferred to the Committee on Commerce. for the enactment of legislation restricting immigration; which He also presented a petition of the Caroline A. Wills Woman's was ordered to lie on the table. Christian Temperance Union, of Racine, Wis., praying for the He also presented a memorial of sundry citizens of Saginaw, enactment of legislation to protect State anti-cigarette laws by Mich., remonstrating against the enactment of a general bank providing that cigarettes imported in original packages on enter ruptcy law; which was ordered to lie on the table. ing any State shall become subject to its laws; which was referred He also presented memorials of Cigar Makers' Local Union No. •. i to the Committee on Interstate Commerce. 22, of Detroit; of Iron Molders' Union No. 242, of Jackson: of He also presented a memorial of sundry citizens of Delavan, Local Union No. 64, International Longshoremen's Union, of Me Wis., remonstrating against the enactment of a general bank nominee; of Mine Workers' Union No.8, of Ishpeming; of Sales ruptcy law; which was ordered to lie on the table. men's Union No. 18, of Grand Rapid.s; of the Ludington Vessel He also presented the petition of Bernhard Stern & Sons, of the Loaders' Union of Ludington; of the Central Trades and Labor C. l\Ienegold Milling Company, of John B. A. Kern & Son.s, of Union of Bay City; of Jackson Miners' Protective Association, the Faist-Kraus Company, of the Gem Milling Company, and of No. 6395, of Jackson; of Norway Mine Workers' Union, No. 4, the Daisy Roller Mill Company, all of Milwaukee, Wis., praying of Norway, and of the Michigan Federation of Labor, of Grand for the enactment of legislation to prohibit the adulteration of Rapids, all in the State of 1\Iichigan, remonstrating against the food products; which was ordered to lie on the table. passage of the so-called anti-scalping ticket bill; which were He also presented a petition of Cigar Makers' Union No. 329, of ordered to lie on the table. Fond duLac, Wis., praying for the passage of the so-called eight He also presented a memorial of the Northeast Citizens' Subur hour bill, the prison-labor bill, the anti-injunction bill, and the ban Association of the District of Columbia, relative to the im seamen's bill; which were referred to the Committee on Educa prqvement of certain streets in the District of Columbia; which tion and Labor. was referred to the Committee on Appropriations. Mr. FRYE presented a petition of the Woman's Christian Tem Mr. FAIRBANKS presented the memorial of Dr. I. B. Webber, perance Union of Bangor, Me., praying for the enactment of leg- secretary, and other members of the Kosciusko County Medical