1898. CONGRESSIONAL REOORD-- SEN.ATE~ 6249 --- -~ . SENATE. Mr. GALLINGER, from the Committee on Pensions, to whom was referred the bill (H. R. 8243) granting a pension to John Con­ THURSDAY, Jttne 23, 1898. nolly, reported it with an amendment, and submitted a report thereon. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. He also, from the same committee, to whom were referred the On motion of Mr. BUJ_=tROWS, and by unanimous consent, the following bills, reported them severally with amendments, and reading of the Journal of yesterday s proceedings was dispensed submitted reports thereon: with. EXECUTIVE COMMUNICATION. A bill (H. R. 8551) to increase the pension of Armenias H. Evans; · The VICE-PRESIDENT laid before the Senate a communica­ A bill (H. R. 9765) to increase the pension of John N. Wiley; tion from the Secretary of the Treasury, transmitting, in response and to a resolution of the 17th instant, a list of all claims allowed A bill (H. R. 8679) granting an increase of pension to Eugene A. by the a~counting officers of the Tteasmy under appropriations Shaw. the balances o! which have been exhausted, etc., amounting to Mr. ROACH, from the Committee on Pensions, to whom wa-s $58,288.12; which, with the accompanying papers, was referred t-o referred the bill (H. R. 3164) granting a pension to Alden B. the Committee on Appropriations, and ordered to be printed. Thompson, reported it with amendments, and submitted a report MESSAGE FROM THE HOUSE, thereon. · A message from the House of Representatives, by Mr. W. J. He also, from the same committee, to whom was referred the BROWNING, its Chief Clerk, announced that the House had agreed bill (H. R. 7989) granting an increase of pension to Annie J. Bas- f.-·- ·. to the report of the committee of conference on the disagreeing sett, reported it without amendment, and submitted a report votes of the two Houses on the amendments of the Horue to the thereon. , - bill (S. 3596) to ratify the agreement between the Dawes Commis­ Mr. WHITE. From the Committee on Commerce I report sion and the Seminole Nation of Indians. back favorably with amendments the bill (8. 95) to amend the The message also announced that the House had passed the fol- laws relating to American seamen, for the protection of such sea­ lowing bills; in which it requested the concurrence of the Senate: men, and to promote commerce. I will state that this is a meas­ A bill (H. R. 774) for the relief of Samuel D. Hubbard; ure which has excited considerable attention, refening to the A bill (H. R. 6127 ) for the relief of Henry C. Rawson; shipping business of the United States. It contains many provi­ A bill (H. R. 10341) to incorporate the National Congress o~ sions of interest to those engaged in the shipping business, and at Mothers in the District of Columbia; and the earliest possible moment the bill will be called up. It has re­ A bill (H. R. 10667) to change name of the Capital Railway ceived the unanimous indorsement of the committee in its Company. · amended form, and it is supposed that there will be no debate ENROLLED BILLS SIGNED. when the bill is considered. The message further announced that the Speaker of the House The VICE-PRESIDENT. The bill will be placed on the Cal­ had signed the following enrolled bills and joint resolution; and endar. they were thereupon signed by the Vice-President: Mr. CLARK, from the Committee on the Judiciary, to whom A bill (S. 1726) concerning attorneys and marshals of the United was referred the amendment relative to a proposed change in the States; holding of the regular terms of the circuit court and disti·ict courts A bill (S. 2678) for the relief of LizzieHagny, administJ.·atrix of of the United States for the district of Montana, at Butte, Mont. the estate of Frank B. Smith, deceased; submitted by Mr. MANTLE on the 17th instant, intended to be pro~ A bill (S. 4738) to authorize the Kansas, Oklahoma and Gulf posed to the general deficiency appropriation bill, reported favor­ Railway Company to construct and operate a railway through ably thereon, and moved that it be referred to the Committee on Chilocco Indian Reservation, Territory of Oklahoma, and for other Approprjations, and printed; which was agreed to. purposes; Mr. TELLER, from the Committee on the Judiciary, to whom A bill (S. ~750) granting right of way through the Pikes Peak was referred the amendment relative to the payment of J. B. Timber :Land Reserve and the public lands to the Cripple Creek Fortune for fees earned as clerk of the United States district court District Railway Company; • from July 17, 1897, to December 31, 1898, submitted by Mr. A bill (S. 4759) to authorize the Missouri, Kansas and Texas PRITCHARD on the 16th instant, intended to be proposed ·to the Railway Company to straighten and restore the channel of the gen'eral deficiency appropriation bill, reported favorably thereon, South Canadian River, in the Indian Ten·itorv, at the crossing of and moved that it be referred to the Committee on Appropria­ said railroad; ~ tions, and printed; which was agreed to. A bill (H. R. 8541) to define the rights of purchasers of the Belt Mr. HANNA, from the Committee on Pensions, to whom were Railway, and for other purposes; referred the following bills, reported them severally without A bill (H. R. 10290) to amend an act entitled "An act to estab­ amendment, and submitted reports thereon: lish a court of Private Land Claims and to provide for the settle­ A bill (S. 4231) granting an increase of pension to Millie A. ment of private land claims in certain States and Territories," Berry; and - approved March 3, 1891, and the act amendatory thereto, approved A bill (H. R. 6841) granting an increase of pension to James C. February 21, 1893; and Hervey. A joint resolution (S. R. 168) to authorize and direct the Secre­ Mr. HANNA, from the Committee on Pensions, to whom were tary of the Treasury to refund and return to the Chicago. Mil­ referred the following bills, reported them severally with amend­ waukee and St. Paul Railway Company $15,395.75, in accordance ments, and submitted reports thereon: with the decision of the Secretary of the Interior, dated March 3, A bill (H. R. 5069) to pension Jacob N. Atherton; and 1898. A bill (H. R. 4811) granting a pension to Jane E. Zink. PETITIONS. Mr. HANNA, from the Committee on Pensions, to whol!l were ref~rred the following bills, subJ?itted adverse reports thereon, Mr. WILSON presented sundry petitions of citizens of the State which were agreed to; and the bills were postponed indefinitely: of Washington, praying for the suspension of the law requiring A .bill (S. 4052) for the relief of Oren M. Fletcher late of Com- assessment work on mining claims; which were referred to-the pany F, Eleventh Pennsylvania Cavalry; ' Committee on Mines and Mining. A bill (8. 1052) increasing the pension of James A. Ludington; REPORTS OF CO:miiTTEES. and Mr. GALLINGER, from the Committee on Pensions, to whom A bill (S. 144) granting an increase of pension to Mrs. Lucy A. were referred the following bills, reported them severally without Harding. · amendment, and submitted reports thereon: · · Mr. HANSBROUGH, from the Committee on Pensions to A bill (H. R. 2276) granting an increase of pension to Almon whJones; - referred the bill (S. 4534) to grant a pension to Ovid G. Soa1·ks A- bill (H. R. 7841) granting an increase of pension to GeorgeS. reported it with amendments. - ' Walton; Mr. JONES of Nevada, from the Committee to Audit and Con­ A bill (H. R. 8286) granting an increase of pension to Alphonzo trol the Contingent Expenses of the Senate, to whom was referred 0. Drake; the amendment submitted by Mr. MANTLE on the 22d instant. in­ A bill (H. R. 3081) granting an increase of pension to Michael tended to be proposed to the general deficiency appropriation bill, J. Fogerty; reported favorably thereon, and moved that it be referred to the A bill (H. R. 6482) granting a pension _to Herbert W. Leach; Committee on Appropriations; which was agreed to. ~d . . Be also, from the same committee, reported an amendment pro­ A bill (H. R. 7306) granting an increase of pension to Samuel H. P?Sing to pay $1,500 to Thomas Williams for injuries received by Beckwith. . _ hrm while engaged in the performance of his duties in the Senate 6250 OONGRESSION-A.L RECORD-SENATE. JUNE 23,

folding room, jntended to be proposed to the general defidency THE INDIAN TERRITORY. appropriation bill, and moved that it be referred to the Commit­ On motion of Mr. JONE~ of Arkansas, it was tee on Appropriations; which was agreed to. 01·de1·ed, That p,ooo addJ.tional copies of H. R. 8581, for the protection of the Mr. FRYE, from the Committee on Commerce, to whom was people of the Indian Terntory, and for other purposes, as enrolled, be printed referred the bill (S. 1113) to establish a marine hospital at Sabine for the use of the Senate. Pass, Tex., reported adversely thereon; and the bill was post­ EIGHT-HOUR LAW. poned indefinitely. Mr. KYLE. I present the testimony taken at a hearing before Mr. HAWLEY, from the Committee on Military Affairs, to the subcommitte on Education and Labor of the Senate on June whom was referred an amendment submitted by himself on the 16, relative to the hours of labor for workmen, mechanics, etc., 4th instant, intended to be proposed to the general deficiency ap­ employed upon public work of the United States. I move that priation bill, reported it with an amendment, submitted a report the testimony be printed as a document. thereon, and moved that it be referred to the Committee on Ap- The motion was agreed to. . propriations; which was agreed to. . Mr. CLARK, from the Committee on the Judiciary, to whom THE NICARAGUA CANAL. was referred the bill (S. 4786) to provide for the appointment of Mr. MORGAN submitted the following resolution; which was an additional district judge in and for the judicial district of read: Kansas, reported it with amend.ments, and submitted a report Resolved, That the Select Committee on the Construction of the Nicaragua thereon. Canal is directed to inquire into the claims of the Republic of Nicaragua re­ ])fr. W ..tlRREN. A few ays ago I reported favorably from the lating to the stock or secnrities of the Maritime Canal Company under' the concession of said Republic to the Nicaragua Canal Company, and any de­ Committee on Claims an amendment offered by the Senator from mands of said Reilublic connected with said claims. And said committee is North Dakota [Mr. HANSBROUGH] to the bill (S. 3546) to refer authorized to conduct such investi8ation by a subcommittee, and to send for certain claims rendered against the United States Government to persons and papers and to admiruster oaths to the witnesses called before the Com't of Claims. I now present a report to accompany that said committee or subcommittee. amendment; and ask that the report may be printed. Mr. MORGAN. There will be no expense connected with that The VICE-PRESIDENT. That order will be made. investigation. The object is merely to get some testimony before the Senate that I think they would like to have. I ask for the BILLS INTRODUCED. present consideration of the resolution. Mr. TURLEY introduced a bill (S. 4805) to increase the pension The PRESIDING OFFICER (Mr. FAULKNER in the chair). of Annie B. GoodriGh; which was read twice by its title, and re­ The Chair understands from the Senator from ..t\..Jabama that ferred to the Committee on Pensions. there will be no expen e connected with the investigation under Mr. HOAR introduced a bill (S. 4806) for the relief of Winslow the terms of the resolution. Warren; which was read twice by its title, and referred to the Mr. MORGAN. None. Committee on the Judiciary. The PRESIDING OFFICER. The Senator fromAlabamaasks Mr. JONES of Arkansas introduced a bill (S. 4807) directing the unanimous consent for the consideration of the resolution just issue of duplicate of lost check drawn by C. C. Sniffen, major, read. United States Army, in favor of Fourth National Bank, New York The resolution was considered by unanimous consent, and City; which was read twice by its title, and referred to the Com­ agreed to. mittee on Finance. HOUSE BILLS REFERRED, AMENDMENTS TO DEFICffiNOY APPROPRIATION BILL. The following bills were severally read twice by their titles, and referred to the Committee on Military Affairs: • 1\Ir. ~UTLER submitted an amendment proposing to appropri­ A bill (H. R. 774) for the relief of Samuel D. Hubbard; a.nd ate $3,000 for necessary additional work m connection with in­ A bill (H. R. 0127) for the relief of Henry C. Rawson.- vesligation of clay-working industries, mica, and other minerals, The bill (H. R. 10341) to incorporate the National Congress of intended to be proposed by him to the general deficiency appro­ Mothers of the District of Columbia was read twice by its title, priation bill; which was ordered to be printed, and, with the ac­ and referred to the Committee on the Library. companying paper, referred to the Committee on Appropriations. The bill (H. R. 10667) to change name of the Capital Railway He also submitted an amendment proposing an appropriation Company was read twice by its title, and referred to the Commit­ of 50,000 for the repair, improvement, and enlargement,.or for tee on the District of Columbia. the construction of suitable and necessary additions to the public building at Greensboro, N.C., etc., intended to be proposed by TIMBER SEIZURES IN .ARKANSAS. him to the general deficiency appropriation bill; which was or­ The VICE-PRESIDENT. The Chair lays before the Senate the dered to be printed, and, with the accomJ>anying papers, referred resolution laid over from yesterday, No. 395, offered by the Sen­ to the Committee on Appropriations. ator from Arkansas [Mr. JoNEs], directing the Committee on He also submitted an amendment relative to the establishment Public Lands to investigate the conduct of the special agent in of a fish-cultural station in the State of North Carolina, intended the seizure of timber in Arkansas, etc. to be propcsed by him to the general deficiency appropriation bill; The Senate resumed the consideration of the resolution submit­ which was ordered to be printed. ted yesterday by Mr. JONES of Arkansae, as follows: Mr. McENERY submitted an amendment relative to deficien­ Resolved, That the Committee on Public Lands, by full committee or any cies in appropriations for the year 1899 for salaries, United States subcommittee thereof, be, and it hereby is, authorized and directed to in­ vestigate the conduct of Special Agent C. A. M. Schlierholz in the seizure of mint at New Orleans, mtended to be proposed by him to the gen­ timber in Arkansas; that said committee or subcommittee shall, at its dis­ eral deficiency appropriation bill; wh1ch was referred to the Com­ cretion, visit th.e State of Arkansas or other locality necessary for a thorough mittee on Appro.Jpriations, and ordered to be printed. investigation of the subject, and is hereby authorized to send for per ons and papers, to administer oaths, and employ a steno{P'apher, and the necessary Mr. WARREN submitted an amendment proposing to appro­ expenses incurred shall ba paid out of the contmgent fund of the Senate priate $7,600 for sufficient additional employees m the office of upon vouchers to be approved by the chairman of the committee. ' the Assistant 'Attorney-General, inten qed to be proposed by him Mr. HANSBROUGH. Mr. President, since the morning hom· to the general deficiency appropriation bill; which, with the ac­ of yesterday I have taken occasion to make some slight investiga­ companying papers, was referred to the Committee on Appro­ tions of this timber-depredation case. priations. Mr. JONES of Arkansas. Before the Senator proceeds, will he He a1so ·submitted an amendment proposing to appropriate allow me to make a slight correction of the RECORD that I think I $7,780.44 to reimburse the State of Wyoming for expenses mcurred ought to mak~? in preserving the formation, natural curiosities, and objects of Mr. HANSBROUGH. Certainly. interest in the Yellowstone National Park, etc.; which was re­ Mr. JONES of Arkansas. I see in the RECORD that I am re­ ferred to the Committee on Appropriations. ported as saying: Mr. CAFFERY submitted an amendment relative to the sal­ He sent for the chief of division having such matter! in charge, and asked aries of the employees of the mint at New Orleans, La., intended him in my presence what evidence Schlierholz had of the fact that the timber to be proposed by him to the general deficiency appropriation he seized was taken from public lands, and the man answered, "None." bill; which was referred to the Committee on Finance, and ordered The Reporters either misunderstoo<:J:me or I failed to express ~ to be printed. myself as I intended. The fact was that when the Commissioner Mr. PENROSE submitted an amendment proposing to pay sent for the chief of division who had charge of this matter, he $97,123.78 to William B. Reaney, surviving partner of tho firm of asked him what evidence Schlierholz had that this timber was cut Reaney, Son & Archbold, intended to be proposed by him to the from public land, and he said he reported that he had positive general deficiency appropriation bill; which, with the accompany· proof. Then the Commissioner asked what statement of evidence ing papers, was referred to the Committee on Appropriations. had been submitted to the Department by Schlierholz, and he ans­ He also submitted an amendment intended to be proposed by wered, ''None;" and in that connection created the impression on him to increase an item of appropriation in the general deficiency my mind that the understanding of the chief of division, as well appropriation bill; which was referred to the Committee on Ap· as of the Commissioner, was that instead of reporting the facts on propriations. which he had acted to the Department, he was reporting those 1898. CONGRESSIONAL RECORD-SEN.A'l'E. 6251· facts to the. district attorney and was acting under his instruc­ was known that any seizures were contem.l)lated by him, he was, under date of December 1, 1897"' ad..vised as follows in regard to a seizure of timber which tions in seizing the timber. I make this con-ection because the had been maa.e by Special Agent F. S. Goodrich, and whom he was dir~.>cted statement of fact as it appears in the RECORD is not cot·rect; it to instruct in his duties: was not the way the thing occurred. "You will also dulyimpressupon.him thenece~sityforsecutingconclusive evidence in. every instance before recommending legal action therain of any M.r. HANSBROUGH. As I was saying, Mr. President, I have n&ture, and that only in em.eTgent cases in which conclusive evidence has made some slight investigation of this case since yesterday, hav­ been secured should seizure be resorted to." ing ca1led upon the Commissioner of the General Land Office and Again, under date of AprilS, 1893, Special Agent SchlieTho1z was advi!reu that the matters in hand at Batesville, Ark., .. require discretion and caution talked with him about it. In view of the fact that the Senator in order to avoid any fulse step th..'lt might unduly prejudice the cause of th.e from Arkansas has made quite an exhaustive statement of his side Government or its effort£ to protect the public domain from the vandAlism of of this case, I think it is no more than fair that the comple~e re­ unlawful depredators." These letters of precaution undoubtedly were duly observed by Special port of the Commissioner of the General Land Office submitted Agent Schlierholz, but, as a further precaution, and to fully s&tisf-y myself in response to the resolution of the Senator from Arkansas should in the matter, I, on May 31, 1899, telegraphed as follows: ":::leize or sell no be read. and I send the communication to the desk so that it may logs until you have positive evidence of ownership by Government," in reply to which said special agent, under date of June 4, 189 , reports: appear in its entirety in the RECORD. "I have only seized rafts of which I had positiv-e proof that the entire lot, The Secretary read as follows: or a largo amount of the timber, came from vacant or mostly from unper­ Letter from the Secretat·y of the Interi01·, tmnsmitting, in n~spd'nse to resolution, fected homestead lands, and since l started ont on the field investigations I of the Senate of June 10, 1898, a 1·ep01·t j1·orn, the C011~missioner of the GenBJ:al am utterly surprised at the outrageous timber trespasses corn.nlltted by the Land Office 1·elative to instructions given to Charles A. M. Schlierholz, spectal walnut and cedar buyers whose headquarters are at Batesville, Ark., and Land A9·k., whose interests are protected by a great majority of the people of Bat esville, agent, Genet·al Office, at Batesville, as to seizim;{J timber. Ark., who for twenty-five years past have made a laTge amount of money JUNE 16, 1898.-Laid on the table and ordered to be printed. out of the timber cnt anti removed from public lands." DEPARTi\Il...~ OF THE UTERio-B, Washington, Ju:ne 15, 1898. I return the resohrtion of the United States Senate herewith. Y_ery respectfully, SIR: Under date of the lOth instant the Senate passed the following reso­ BIJ.'1"GER HERMANN, Com.missioner. lution: "R-esolved, That tho Secretary of the Interior is hereby diraeted to inform The SECRETARY OF THE INTERTOR. the Senate what instructions are given to Charles A. M. Schlierholz, spedal agent, General Land Office, at Bat-esville, AI·k., as to seizing timber, and par­ Mr. HANSBROUGH. I am very glad to say, upon an investi­ ticularly whether e:aid Schlierholz is instructed to seize all timber arriving gatiQn of this matter, that the-re does not seem to be any partisan at that place." politics in this case. I suppos€d, after listening to the rather In reuly I have the honor to hand you herewith a report from the Com­ nris iontn· of the General Land Office, of even da.te heTewith which supplies heated argument of the Senator from Arkansas yesterday, that the intormation called for by the resolution. Accompanying sa....i-d report is-a this special agent, Schlierholz, was probably a Republican. I sup­ eopy of "Instructions to special agents of the General Land Office relative to posed that this AdminiiStration ha-d made a mistake and ha-d sent timber on public lands" and a copy of "Compilation of public timber laws," which are also transmitted herewith. some man down there who did not know what his duty was and Very respe!:tfully, C. N·. BLISS, who was perhaps incompetent, and should not hav-e been s€nt Seet·etary. there. But upon an investigation I find that Mr. Schlierholz is The PRESIDENT OF THE SENA.TE. an appointee of the last Administration; that in fact he is a Demo­ crat. I also find tha;t the district attOl'D:ey who was prosecuting DEPARTMEXT OF THE INTERIOR, GE!aR.AL LAND OFFICE, these cases in the United States comt in Arkansas is a Repub­ Washington, D. C., June 15, 189S. lican. I assume that most of the defendants in these timber SIR: I have the honor to acknowledge receipt, by reference from the De­ partment, "for early report i1r duplicate with retul'n of this :paper," of copy . cases, being residents of Arkansas, which is very largely Dem<:>­ of resolution of the United States Senate of June 10, 1.89 , dli'ecting yon to cratic, are of that political faith. Therefore I repeat that there inform the Senate' what instructions are given to Charles A.M. Schlierholz, can be no partisan politics whatever in this case. special agent, General Land Offie:-e, at Batesville, Ark, as to seizing timber, and par ticularly whether said Schlierholz is instructed to seize all timber ar­ Yesterday after the Senator from Arkansas had spoken. as I riving at that place." stated a while ago, I went to the Interior Department and con­ In reply thereto I have the henor to report that no definite or specific in­ ferred with the Commissioner of the General Land Office on the structions have been given to Special Agent Schlierholz by this office to seize subject. He had just received a communication from tne United any timber whate>er in the State of Arkansas, and all seizm•es made by him, it appears, have been made under advice or instructions from tho United States attorney at Little Rock, Ark., dated June 18, and as this Sta.tca attorney for the ea.stt.>rn ilistrict of Arkan-sas and by virtue of the additional communication on the subject is full of interest as well genm·al authority vested in him as a special agent of this office appointed to as bearing the evidence of truth 1n every line, I desire to present protect the public interests. This appears to be all of the information required by th~ above resolution, it and have it read at the desk, so that it may be made a part of but, in order that you may be fully advised a to the seizures of hlack walnut the record. and other timber referred to at or in the vicinity of Batesville, Ark., I have The Secretary read as follows: the honor, moot re3pectfully, to submit thefo'l.lo,vingadditional facts of rec­ ord in reg~.. rd ther eto. O.FFIOE OF UNITED STATES ATTORSEY, Information having been received at tllifi office several months ago from EASTERN DISTRICT OF ARKAKS.AS, different sources that black walnut, cedar, and other valua.ble timber was Little Rocl:, Ark., June 18, 1898. being unlawfully cut and removed from public lands in the State of Arkan­ Sm: We have just returned from the United Sta-tes court held at Bates­ sas, and many carloads thereof were being shipped out of the State to other ville, in which most of the timoor cases are pending. Owing to the fact that markets, Speci&l Agent C. A.M. SchlieTholz, on duty in Missouri, with hea-d­ we had not been able to secure the attendance of all the witnesses needed, quarters at St. Lou is, in said State, was directed to proceed to Arkansas, and most of the civil suits were continued. A number of the timber thieves in conjunction with Special .Agent F . S. Goodrich, who was then on duty in were convicted and in some cases execution of the sentence stayed by the said State, to investigate and re-port on the matters refer;.-ed to. From hi&J court when the pa.rties showed a willin.gne s to aid the Government in the first r eports to this offica it appears that ceTtain. dealers in black walnut l'.nd prosecution of the principal criminals. Several preliminary questions weTe other valuable timber, located in several States, had agents in the State of dic:; posed of by the court and all of them deeided·in favor of the Government. Arkansas buying up such timber and shipping it to their respective employ­ The court held that the special agent had the right to seize timber, which ers; that said agents did not confine their operations to the purchase of tim­ he had reason to telieve, fl•om endence -collected by him, was unlawfully cut ber from private or deeded lands, but bought timber wherever and from from the public lands; that a homesteader could convey no valid title to whomsoever they could get it, and in many instances induced and encour­ timber cutfromhi'3 entry before a. patent was issued except such timbsr as was aged parties to cut from unperfected homestead entries and from vacant cut from the land he was clearing for actual cultivation, and that cutting public L:'lnds, in some cases advan.cing money to the parties to file fraudulent timber promiscuously from a homestead entry is a crime and passes no title homestead applications on the lands., under cover of which to cut and dispose to the purchaser; that the proceedings instituted by u s for t he deter:Jllioo..­ of the walnut and other timber thereon. tion of the title to the timber seized by Special Agent Schlierholz were propar In the course of his investigations he discovered th~t timber unlawfUlly proceedings, and th~t the special &.,"'ant, wlule acting under the inst ructions cut and removed from public lands was being rafted down the White River promulgated by your office, was properly discharging his duties. to Batesville, Ark., and he has, under the general authol'ity vested in him as I can not speak too highly of the work done by Mr. Schlierholz in these a. special agent of this office, from time to time taken possession of or seized cases. He is fearless, indefatigable, and does everything int elHgently. He certain rafts containing such timber. United StatesAttornevJacob Trieber has submitted to taunts, threats, and every possible kind of annoyance. · He and Special United States Attorney H. F. Auten have filed libels in rem in has in rain and sunshine gone over the mountains to make personal examina­ the United States court at Batesville, Ark., for the timber so seized, and the tions and secure the proper proofs, in spite of the obstacles tln·own in his way same is now in the custody of the United States marshal. This is, in brief, by parties interested in defrauding the Government. On many occasions t he the present status of the matter in regard to the seizures of timber at and in people in those sections have refused to furnish him with food and lodging, the vicinity of Batesville, Ark- The entire matter is now within the juris­ but he has not been deterred from discharging his duty. Some of these par­ diction of the United States court, where all parties interested will be pro­ ties boast that they possess sufficient influence to have Mr. Schlierholz r e­ tected in their rights and the questions at issue will be judicially and finally moved, and in that ev ent feel th~t they are safe. Should he be removed, it disposed of. will be impossible for ns to recover the judgments to which we are entitled, With regard to the ~eneral authority of special agents of this office to take and I earnestly request that he continue to receive the support from you possession of or seize t1mber or lumber unlawfully cut or removed from pub­ which he has had in the past, as he i.3 deserving of the same. lic lands, I most respectfully call your attention to drcular of instructions to The effect of his acts is being felt and there. is less cutting of timber off special agents, approved March !i, 1898 (copy herewith), on ~e 39 of which the public domain now in this State than there ever has been before. As it is held that "timber unlawfully cut from Government larid lS the property soon as he finishes his present investigations I want him to ascertain how of the United States, and is subject to seizure as such, wherever or in what­ much timber has been purchased by these dealers and sawmill owners in ever condition it may be found, and from any party having possession of it, the past, but which has long ago been sawed and disposed of, in order that o:r who in any way lays claim to it." · civil actions for the value thereof may be instituted. At the last term of This rule 1s based upon several judicial rulings and decisions on the sub­ the .grand jury in this city I obtained proofs showing that a large mill em­ ject, as set forth on pages 41 to 45 of Compilation of Public Timber Laws and ployed men to h"':ffit for valuable tim. bel', and when found on Govel'l!Illent Regulations and Decisions Thereunder, issued by this office January 21, 1897 lands·would :fuTnish the money for a homestead entry to some of theli' em­ {CO_]JY herewith). ployees, and as soon as entered cut every valuable tree on the land, which There a~pears to be no question as to the right of the special agents of this would then be abandoned. The records of the land offices here will show office to seiZe timbe1• unlawfnllycutfrom public lands, and the only question that fully '75 per cent of the entries of cedar lands are abandoned as soon as that can arise in the case at issue is as to whether the rafts of timber seized, the timbeT lS stolen. In fact, cedar lands in this section are absolutely or any portion of each raft, was unlawfully eut or removed from public lands. worthless for agricultural purposes, and when entered i1l is done with the Before any seizures were made by Special Agent Schlierholz. and before it intent of cutting the. timber only. 6252 CONGRESSIONAL RECORD-SENATE. Jmm23,

The trouble we are having is that for years the Department has had no for six months and take this property that belongs to these people/' efficient special agents here and these parties were never molested, and now they believe they have vested rights to cut on the public domain. many of them owning nothing else, living 50 or 100 miles from 1 explained to you fully the condition of affairs here when I entered upon there, unable to stay at court, unable to return, and at the end of the discharge of my duties as United States attorney, and I am glad to say six months, if it were released, they have no remedy against the that with the assistance rendered me by your office and the intelligent in­ vestigations made by Mr. Schlierholz I have not only been able to make Government or anybody else. some large collections for the Government, but the people have learned that Mr. HANSBROUGH. Will the Senator from Arkansas yield? these laws can not be violated with impunity. I am satisfied that the Sen­ Mr. BERRY. Now, does the Senator think that is just? ators from this State have been imposed upon by. interested parties, and when they ascertain the true facts they will second our efforts to enforce the The VICE-PRESIDENT. Will the Senator from Al·kansas laws. yield to the Senator from North Dakota? Thanking you for the assistance rendered, I have the honor to be, Mr. BERRY. Certainly. Yours, very respectfully, Mr. HANSBROUGH. I will not offer my opinion on this sub­ JACOB TRIEBER, United States .Attorney. ject. I simply quote from the last report of the_district attorney. COlollllSSIO~R OF THE GENERAL L..L."'ID OFFICE, The Senator from Al·kansas says that these people had no oppor­ Washington, D. C. tunity to defend themselves; that they were not made defendantS. Mr. HANSBROUGH. In the light of the facts contained in On the contrary, the district attorney says in this communication this document and the document which I had read previously, I which I had read at the desk: do not believe there is the slightest necessity for an investigation A number of the timber thieves were convicted and in some cases execu­ of this case by any committee of this body, and I trust that the tion of the sentence stayed by the court, when the parties showed a willing­ resolution which goes to the Committee on Contingent Expenses ness to aid the Goyernment in the prosecution of the principal criminals. of the Senate may be reported back to this body adversely. Mr. BERRY. Oh, Mr. President, I am not talking about that. Mr. BERRY. Mr. President- Mr. HANSBROUGH. I think thatanswers.the Senator's propo­ Mr. DAVIS. What is the pending queEtion? Is the morning sition. bushiess closed? . Mr. BERRY. No, it does not. I am not talking about the The VICE-PRESIDENT. The morning business is not closed. parties who were indicted. I am talking about the civil suit, the The resolution offered by the SenatorfromArkansas [Mr.Jmms], proceedings in rem, against this timber. I say that General Neill, laid over from yesterday, is before the Senate. who was for four years a member of Congress here, as honorable Mr. P.A VIS. I raise a point of order. and truthful a man as there is in Arkansas, an attorney in the Mr. BERRY. Does the Senator desire to ask any question? case, wrote a letter, which was read here the other day, in which Mr. DAVIS. I raise the point of order that debate is not in he stated that they asked the court to make them defendants, so that order. the burden would be upon the Government to prove that the timber Mr. BERRY. I am entitled to the floor, and I did not hear the was stolen. The court refused. Thereupon they did intervene, point of order made by the Senator from Minnesota.. I was rec­ and asked to intervene, announcing themselves ready to make the ognized by the Chair. What is the point? proof that the timber was honestly obtained, and tho district at­ Mr. DAVIS. I raise the point of order that debate is not in torney and the special agent, who said he seized none except order at the present stage of business. where they had positive proof, come into court and say, "We The VICE-PRE~IDENT. The Chair must overrule the point have no proof, and we want the cases continued for six months." of order. The Senator from Arkansas is entitled to the floor. Mr. HANSBROUGH. They did not say they had no proof. Mr. BERRY. Just why the resolution is not debatable I do They said they were not ready with their witnesses, and in view not know. I · do not propose to detain the Senate. The Chair of the difficulty which this timber agent has had in prosecuting ruled that I a.m entitled to the floor, as I understood. these cases I am not surprised that he was prevented from getting The VICE-PRESIDENT. That is the ruling of the Chair. his witnesses to court in time. Mr. BERRY. I understood the Chair to rule that I am entitled Mr. BERRY. When the Senator from North Dakota attempts to the floor; otherwise I should have said nothing. to reflect on the people down there-- The VICE-PRESIDENT. The Senator from Arkansas will Mr. HANSBROUGH. Not at all. proceed. . Mr. BERRY. I think the fact that the special agent has not Mr. BERRY. Mr. President, I desire to occupy the time of the been molested under the circumstances speaks a great deal for Senate for only a very short period. The chairman of the Com­ those people. They have not interfered with him. But the mittee on Public J..~ands has not met the question, nor has it been Commissioner says, "I instructed him to seize no timber except met, as I conceive, by the answerof the Commissioner of the Gen­ where he had positive proof." Now, then, he had-no proof; and eral Land Office. It is the proposition laid down by my colleague, when they_would not require the Government to make the proof shown by these papers and undisputed, tha~ when this timber was and threw the burden upon the other parties, and the owners of libeled, as he calls it, no persons whatever were made defendants the timber said, ''We are ready for trial; we are ready to make the to that suit. It was a proceeding against the timber. Then, un­ proof that it is our timber, honestly cut," then this man who wa-s der the ruling of the court, parties who claim this as being their not·authorized to take it unless he had positive proof said, "We timber are not permitted to be made defendants, but are compelled have not got the proof and we ask it to be continued." to come in and intervene and take the burden of proof to show Now, if that be the statute, if that be the Government law, that that the timber was not cut upon Government land or upon home­ law is wrong. If timber is seized, the party in whose possession steads. There is the difficulty about that. it is found should be made a defendant in that suit, and the Gov­ If there is a law upon the U1Vted States statute book which au­ ernment should be required to prove that it was unlawfully in thorizes the agents of the Interior Department to seize timber, to his possession, and not seize the timber and force the parties to take the timber without any process except to file proceedings in come in and take the burden of proof to show that it was honestly the court afterwards against the timber, and not make any par­ obtained. That is. what those people complain of. ties defendant, not permitting them to be made defendants, but When that agent says the people of Batesville, Ark.. have for compelling-the owner of that timber to come in and intervene and years made money out of the purchase of stolen timber, and for take the burden of proof upon himself in order to have his prop­ that reason that they are in sympathy with those who cto~e it, he erty released from this contest, I say that statute ought to be states that which is false, and for which he ought to be removed, repealed. The Committee on Public Lands ought to investi­ if for nothing else. It is not true. The community in and around gate the question and see whether there is a law of the United Batesville is one of the best in the South. They are not timber States that treat all men as thieves who happen to have timber in thieves, and the man who attempts to throw that imputation upon their possession. It is an injustice that any fair-minded man will them is a slanderer, and ·ought not to be permitted to remain in recognize. office another day. Now, what nrethe facts in regard to this particular case? This Mr. President, I think for these reasons the Committee on Pub­ agent seized the timber, made no parties defendant, and when the lic Lands should ascertain the facts, should look at the statutes owners came forward and asked to be made defendants it was re­ and find what the law is; and if there is a law which authorizes fused them. When they took the burden upon themselves and the Government, without proof, without testimony, arbitrarily to said, "We will intervene; we have got the proof to show that the seize a man's property and say then that he must prove that he timber was cut off our land," the court said, "We will continue the is not a thief before he can get it baek again, I think that law cases for six months and will not permit you to make the proof ought to be repealed. now." Mr. HANSBROUGH. I will say to the S(\naiorfrom ArkanBas Now, does the Senator from North Dakota believe that that is that the action of the special agent has been indorsed by the court just and fair? "Seize no timber," says the Commissioner, "ex­ before which these cases were brought, and I say that while this cept you have positive proof that it was taken from the Govern­ matter is in the court it should not be taken out of the court and ment land." This agent says he had positive proof; and yet, Mr. brought here to this body and sent to any committee for investi­ President, when these parties came in and intervened and said gation. If there is any necessity for a law governing special they were ready to prove to the court that it was their timber, agents hereafter, the Senator from Arkansas, as he kn.ows, is at cut off their land, this man, who said he had the positive proof, liberty to introduce a bill to that effect; and when it comes to the says, "We have notgotany witnesses, and we want to continue it Committee on Public Lands, it will be given due consideration, 1898. , I CONGRESSIONAL RECORD-SENATE. 6253

Mr. JONES of Arkansas. Mr. President- . the civil suits were continued. A number of "the timber thieves were con­ victed, and in some cases execution of the sentence stayed by the court when Mr FRYE· What is the regular order of busmess? the parties showed a willingness to aid the Government in the prosecution of Th~ VICE-PRESIDENT. The regular order is resolution No. the principal criminals. 395, offered by the Senator from Arkansa~ [Mr .. JONEs]. Mr. HANSBROUGH. I claim that there have been convic­ Mr. FRYE. Which is now under consideration? . . tions, and that fact is stated in the paragraph just read by the The VICE-PRESIDENT. Which is now under consideratiOn, Senator. laid over from yesterday. Mr. JONES of Arkansas. I have stated to the Senator again Mr. JONES of Arkansas. I should be glad to have the copy of and again that my point in this case has nothing to do with crim­ the communication from Mr. Trieber, which was read at the desk inal proceedings. My complaint is that this timber, the property some time ago. . of these poor citizens along White River, has been seized by this Mr. HANSBROUGH. I have the copy here. I will be glad to man in violation of the instructions of the Land Office, in viola­ send it to the Senator. I understand that a copy was sent to ~he tion of his duty; that the timber ha8 been practically confiscated; Vice-President. I have a letter from the Secretary of the Intenor that it has been sold and these people have been deprived of saying that a copy. had been sent to the Senate as part of the re­ their money, and that this man has done it in a high-handed and port called for bv the original resolution. arbitrary way; and the Senator from North Dakota says he is Mr. JONES of Arkansas. Mr. President: I confess that I am justified in what he has done. astonished at the attitude taken by the Senator from North Da­ Mr. HANSBROUGH. I say the court has said he is justified. kota No man in the Senate has any doubt for a moment that Mr. 'JONES of Arkansas. I say the court has said nothing of this ~atter can not be removed from the jurisdiction of the court the kind. that has it under contro1. There is no proposition here to remove Mr. WILSON. May I interrupt the Senator from Arkansas for anything from the court. I .ha:ve said nothJn~ about crin;linal a question? proceedings. I have heard nothmg about cnmm~l proceedings. Mr. JONES of Arkansas. Certainly. No complaint has been made to me about any crrmmal proceed­ Mr. WlLSON. I understand the Senator's proposition to be ings but on the contrary on the first presentation of the case to that the special agent of the United States or the :;tgent of t~e the Senate I suggeste4 th~t one ?f th~ diffic~lties about it that I Commissioner of the General Land Office has smzed certa1n did not understand was that while this spec1al agent reported to amounts of timbe-r in the State of Arkansas, thatthematterisnow the Land Office that he had found,. instances of trespass on the m the United States court, and that some of those cases have been - Government timber lands, I saw no statement from him that any continued. The Senator from Arkansas is now asking that the' criminal proceedings had been instit11:ted at all; that he seemed ~o resolution be sent to the Committee on Public Lands for the pur­ be du·ecting his attention to seizing timber _and that alone;. that if pose of an investigation and to take these cases out of the hands the people were taking the Government trmber o~ of th1s l_and, of the United States court, at least temporarily. they o::tght to be punished as well as to have the timber seiZed, Mr. JONES of Arkansas. Not by any means. and that I could not understand why, while he was making such Mr. WILSON. Until that can be determined. a showing~ bout the amount of timber received, ther6 was nothing Mr. JONES of Arkansas. Not by any means. said about criminal proce~dings. . . Mr. WILSON. Then I donotunderstandtheSenator,and that In the letter which has Just been read the distnct attorney says is what I am trying to do. that persons haTe been convicted. I had not heard of that before. Mi·. JONES of Arkansas. The object of this resolution is to I saw a paragraph a day or two ago in a local paper published at ascertain the facts connected with the conduct of this officer in Batesville that within two or three days the court said there that the seizure of timber and other things. I am sure the Senator one indictment against a man for trespassing O? Governm~nt tim­ from Washington will agree with me that it was an outrage, if ber had been tried and the man found not guilty. Nothing was what I read from a letter here yesterday morning at this table said about any other trials. I do not know whe~her there have should be true, that a raft taken by a man to Batesville was seized been any other trials or not.. I can n~t ~ay anythmg ab~ut that. by this man Schlierholz; that the timber was sold for 205; that The complaint that I make IS that this timber agent, thiS agent afterwards it was shown conclusively the timber was cut from his of the General Land Office. should be sE>izing and holding and own land and wa.s not taken from the Government land, and he sellinO' timber when he has.been instructed by Mr. Hermann to was compelled to pay expenses amounting to more than $160, leav­ seiz@ ~o timber except when he has positive proof that the timber ing for himself out of the $205 that was his own only about $40. comes from Government land. I say if that is shown, it was an outrage; it was a violation of Mr HANSBROUGH. Mr. President- the natural rights of an American citizen, and that an officer who Mr: JONES of Arkansas. Justletmefinish the sentenc_e. And would do this in plain and direct violation of the instructions yet when there have been some thirty rafts brought mto the given to him by the Commissioner of the Land Office ought to custody of the court at B~tesville, and w~en the par~ies claiming have his conduct understood fully by the Senate, by the Depart­ this timber were present m the court asking for a tnal and offer­ ment, and by the American people. It would not in the slightest ing to take the court's own terll}s and prove positively that the degree affect the status of the proceeding in the United States timber was their own, that it wa.S not cut from Government l~nd, court. It would simply bring, in an official way, the facts in this and thj.s special agent repo~t~ to the Land Office that h~ ~as seized case before the public, before the Senate, and before the Depart­ no timber except upon positive proof, that he has positive :proof ment; that would be all. · that all the timber came from Government land-when the defend­ Mr. WILSON. I can not understand why all those facts can ants go in court and offer to prove that timber to be their own not be determined by the Secretary of the Interior, who, in my witne~ses ~e this Government agent says he has no present. does judgment, is as able, kind, consci~ntious a Sec~etary ~f t~e I~~ not show that· a single subprena has been Issued, that anybody terior as we have ever had. He IS thoroughly mterested m his has been summoned to the court to testify. He shows no diligence work, and why can not he and the Commissioner of the General and has taken no steps whatever, ht~t simply asks t~e court. t? Land Office, who is, by his long service in Congress and his ac­ ~ny continue the cases for six months, without showmg of dili­ quaintanc(t with facts of thi~ character as ai?plied to the yY_ est gence on his part and without any effort on hiS part to prove what and his great industry peculiarly fitted for h1s present position, he says he has positive proof of. bring out to the entire satisfaetion of the Senator from Arkansas Mr. HANSBROUGH. Mr. President, I presume that is true in all the fact-s that he wishes the committee to bring out? a few isolated cases, but it is also true that this timber agent did What I wish to avoid, if possible, is that the Senate of the United have positive proof in other cases, and that the case~ came re~­ States, through its proper and legitimate committee, shall enter ularly before the court and the defendant8 were conVIcted, as Is into such investigations from time to time, because if we go into stated bv Mr. Trieber. one investigation upon these matters, the committee will be in­ Mr. JONES of Arlfansas. Does the Senator make that state- vestigating almost every session of Congress the action of certain ment? special agents. I want it to come out in the interest of the Sena­ Mr. HANSBROUGH. The statement is in the record. tor from Arkansa-s. I want his people to have exact justice, and Mr. JONES of Arkansas. It is not. I think he will get that from the Department of the Interior a 1\U·. HANSBROUGH. I will ask the Senator-' good deal better and a good deal quicker than he will get it from Mr. JONES of Arkansas. There is nothing in the record to the Committee on Public Lands, with all respect to that com- sustain that statement-not a line, not a syllable. There is a mittee. , statement here that criminal cases were brought. I have said Mr. JONES of Arkansas. In reply. to what the Senator from nothing about indictments in criminal cases. I am talkin~ about Washington has just said, I wish to say that ~ cordially agree the seizure of timber; and when the Senator states that this proof with all he says about the Secretary of the InteriOr aml the Com­ was made, he goes outside of the record. missioner of Public Lands. I believe they are all he says of them. Mr. HANSBROUGH. I will ask the Senator to read the first As I ·said yesterday and as I have said again and again, the Com­ paragraph of that document. · missioner of Public Lands has done all that any reasonable man Mr. JONES of Arkansas. I will read it. Mr. Trieber says, could ask in his instructions given to these officers in t~e field. under date of June 18: Mr. President, up to this hour I have hope~ ~nd believed that We have just returned from the United States court held at Batesville, in which most of the timber cases are pending. Owin~ to the fact that we had the Secretary of the Interim· and the Commtsswner of ·the Gen­ not been able to secure the attendance of a.ll the Witnesses needed, most of er~ Land Office would correct this wrong. But the position -, 6254 CONGRESSIONAL RECORD-SENATE. JUNE 23, taken by the Senator from NOl'th Dakota leads me strongly to Mr. JONES of Arkansas. The Senator expressed himself as think that whenever one partisan connected with that piece of satisfied in view of the letter that was written by Mr. Trieber that 1·ascality reports to the Department that it is all right, they will there should be no investigation. If by that the Senator was not be too much inclined to accept his statement as being the truth. committing himself, I do not know what it means. Here was conclusive argument, as it seemed to him, presented by Mr. President, I read a newspaper report which has been pub· the Senator from North Dakota. In this letter of the district at- lished far and wide. It has not been criticised by anybody; it torney he says that some of those people boast that they can have has not been denied by anybody. It was published unde1· the Schlierholz removed. That is a very vague sort of a charge. It eyes of the district attorney and the assistant district attorney in is the .kjnd of a trick that is resorted to by people who want to their own town, and the letters that I read yesterday are from undertake to avoid a fair investigation to say the people have three as honorable and as reputable men as live inside or outside boasted that they can have Schlierbolz removed. of the State of Arkansas. There are no better men anywhere. I have no doubt in the world that that statement is absolutely They are good lawyers; they are men of integrity; they are men without truth. I do not believe anybody has ever boasted of any · of high character; and their statement of facts has not been and such thing.. How could that be true? Who has the influence to can not be denied. have this man Schlierholz removed? Who is the individual in the Even the district attorney hilllEelf says that the court sustained district who has such influence with the Secretary of the Interior them in all of their claims, and that the burden of proof was upon or with the President of the United States that all be has to do is the defendants, the claimants of this timber, to show that it was to ask that this man should be put out in order to have him pnt not stolen. There was not one scintilla of evidence to sustain the out? No, sir; that was done for the purpose of undertaking to Government side of the case. I do not believe that a more palpa. prevent his removal; it had no other purpose. I believe this man ble, unjust, and indefensible outrage was ever committed, and Schlierholz has been violating the law and that he has been guilty the fact that the matter is a small one is no reason why the wrong of the most outrageous tyranny and the most outrageous wrong; shouM not be coiTected here. The' fact that a poor fellow has and I suppose they want to excuse his conduct by this kind of an only $200 worth of timber, and that that is all he has got in the argument. world, is no reason why he should be oppressed by the great Gov· One of the letters I have read stated that this man Sclilierholz ernment of the United States; but it is a greater reason why this was in the habit of telling these men that he would not believe Government should vindicate any of the citizens of this country them on oath. When a man clothed with a little brief authority, against an outrage of this sort. holding a commission from the Government of the United States, I hope and I believe the Senate of the United States will not insults in that way honest men with whom he comes in contact, hesitate for one moment to put it in the power of this committee he is a disgrace to the Government service, and that, if there to make this inquiry and to apply the needed remedy. were not anything else, would justify his removal and mn.ke it Mr. STEWART. I hope this investigation will he made. I necessary that he should be kicked out of the service. have observed within the last twenty years several instances of Mr. WILSON. I understood the Senator to state that this man most terrible outrages. One occurred in my State, where special was a partisan. Does the Senator know his politics? agents of the Government seized all the timber that had been col· Mr. JONES of Arkansas. Schlierholz's? lected by the miners for mining purposes; all the water left the Mr. WILSON. Yes. mines, about 300 miners were driven out of the country, and at Mr. JONES of Arkansas. I do not know. The Senator from least $200,000 or $300,000 worth of property was destroyed; and, North Dakota fMr. HANSBROUGH] stated a while ago that he was on an investigation, the case against the miners was dismissed. I a Democrat. have never asked any question about his politics. have always protested against such wrongs resulting from the Mr. WILSON. Nor have I. action of special agents. There maybe some very faithful special Mr. JONES or Arkansas. I have never asked about his politics, ~gents, but there have been a great many unfaithful sp~cialagents but a Democratic tyrant or a Democratic oppressor is no more, in m the last twenty yem·s. my mind, and stands no higher than a Republican tyrant or a When a case of this kind is presented I think it ought to be Republican oppressor. I believe the aignity of American citizen· investigated, with a view of framing laws to prevent such out­ ship and the honesty of our people stand above every other con· rages. When a man who is ignorant and vicious has control of sideration, and when a man is violating their rights I never ask the power of the Government in one of these outside districts, he whether he is a Republican or a Democrat. is liable to commit great injury, and I think the Committee on Mr. WILSON. I did not ask the question of the Senator in any Public Lands will do well to take the case up and examine it,·and partisan way. see if there can be any legislation framed to correct such wrongs Mr. JONES of Arkansas. I understand that. as are complained of. . Mr. WILSON. I understood the Senator to say that the man I do not propose to take any sides in this matter. I have not was a partisan; and therefore I wanted to know if he was our any information about this case, but I have known of some fifteen partisan. or twenty such cases where there have been great abuses. Mr. JONES of Arkansas. I did not mean a political partisan. Mr. WILSON. Let me ask the Senator a question. Here is a Mr. WILSON. I beg pardon. . . case of the seizure of timber. The timbm· agents have their in· Mr. JONES of Arkansas. I meant that he had been a partisan structions under the law. They may possibly exceed their instruc· in these proceedings. tiona, as the Senator says. Doubtless now and then there comes Mr. FRYE. His bad conduct indicates that he is a Democrat. along, as the Senator from Arkansas has said, a man clothed with Mr. JONES of Arkansas. I said on yesterday that I hoped the a little brief authority who goes too far, but when you come right Secretary of the Interior and the Commissioner of the General down to the facts, what can we do? If this matter goes to the L-and Office would look into and correct this wrong, but I am CommitteeonPublioLands,ofwhichiamamember,therewillbe afraid, after the position taken by the Senator from North Dakota no investigation this summer. The Senator knows that as well as to-day, that it will be assumed that this man is a model officer, I do. Thereisnomember ofthatcommitteewhowill have the time simply because he writes stories of this kind to the Commissioner. to go to the State of Arkansas to investigate this question. There­ If the Commissioner will investigate and ascertain the truth; if fore, if we once enter UP,On the domain of investigating every he will send for and get the facts from the outside, from other special agent of the Umted States who seizes timber whieh he people, and will do justice, then I shall be satisfied with his ac· supposes he has evidence to believe has been cut from the public tion; but~ for my single self, I believe that citizens of my State domain, the Committee on Public Lands will be engaged in a con· have been wronged, and I believe the most outrageous iniquities tinuous investigation. have been inflicted on them by this man. Why not leave that matter where it properly and legitimately If the Commissioner of Public Lands and the Secretary of the belongs-to the Department of the Interior? Then if the investi· Interior do not choose to act, thenhvant the Committee on Public gation which the Senator wants iB not made, the Senator can ask Lands to act. Even when the chairman of the committee has made for an investigation by the committee. There is genern.J.ly a great up his mind beforehand that he does not want the investigation, I deal to be said on both sides of all questions, and probably thef'! e want that committee to investigate. I shall be perfectly willing to people have been dealt with unjustly, I know occasionally, as have the jnvestigation conducted by the Senator from North Da- the Senator said, in the West we have been dealt with unjustly; kota himself; and I have no doubt, when the proof is brough-t be· but nevertheless the fact remains, and we must admit it, Mr. fore him that this man Schlierholz has been guilty of wrong, has President, that on the public domain all over thi.q country people been guilty of O}ltrages, that the Senator from North Dakota will are attempting to secure timber without paying the Government make a report, whether the cases are pending in the Federal court that compensation to which it is honorably enti tied. In all the or not. years gone by we of the West have had to bear that burden. We Mr. HANSBROUGH. I am not defending Mr. Schlierholz in of the West have had these special agents; and I am exceedingly any way, and am not attempting to defend him in any degree glad that this case has come up from the section of the country whatever. I am simply presenting the report made by the Com- it has. We have complained, but our complaints have not pro· missioner of the General Land Office and the report made by the duced very great results. Occasionally timber has been seized United States district attorney as opposed to the newspaper clip· there which has been cut from the public domain and sold. pings and ex parte letters which the Senator from Arkansas sub· Mr. JONES of .Arkansas. I want to make a suggestion to the mitted on yesterday. Senatol', and it is just this: He says that we can not get anybody 1898. ~QONGRESSIONAL RECORD-SENATE.-; 625-5

on the Committee on Public Lands to make such an investiga­ ing him from having all the rights he is entitled to as to the land. tion. I want to say, if the facts in this case are as I believe them Mr. GALLINGER. Mr. President, I was laboring under a mis­ to be and that committee is authorized to send a subcommittee to apprehension-- the State of Arkansas to investigate this question, that; anxious Mr. DAVIS. Mr. President- as the Senator from Washing.ton is to go hom~, I will venture my Mr. GALLINGER. If the Senator will permit me one mo­ reputation that when the matter is presented to him .he will go to ment- Arkansas and make the investigation. He has too much regard The VICE-PRESIDENT. Does the Senator from _.Minnesota for the rights of American citizens not to do so. yield? Mr. WILSON. I have every regard for the rights of the Ameri­ Mr4 DAVIS. I decline to yield. can citizen, but, notwithstanding the very complimentary tenns Mr. GALLINGER. Verywell. in which the Senator from Arkansas has refe1Ted to me and my Mr. DAVIS. The hour of 1 o'clock -having arrived, under the great desire to see the people of Arkansas, I am afraid that I .Shall rule I .move that the Senate proceed to th€ consideration of the not have the time to do it. Still I would do my duty in regard joint resolution for the annexation of-the Hawaiian Islands. to that matter if I should be selected. Mr. JONES of Arkansas. What_rule is that? Mr. STEWART1 I think legislation can be framed which will Mr. GALLINGER. I make th~ point of order that the I'ule as modify this evil very much. I do not beli-eve there is ..sufficient to the morning hour does not provide that the hour of 1 o'clock care-under our system in selecting these special agents. They shall t-erminate the morning business if a Senator has the floor at certainly ought to be nominated by the President by and with the that time; and if the Senator from Minnesota w111 permit- advice and consent of the Senate. They should be known as men ML DAVIS. I move to take up the joint resolution providing • of high character. I have contended all along that we should get forth~ annexation of Hawaii the best men to be charged with this very important duty, because Mr. GALLINGER. Jthink the Senator does not wish to be se I have known a great many men to be ban1rrupted and destroyed discourteous as that. I rose and addressed the Chair before the by special agents who hav~ been appointed. Senator did, a..s the record will show. If he wishes to do it, it is It is supposed by many to be a very subordinate place and -that allr~ght; but he will not facilitate the passage of his joint resolu­ -anybody will do for .a timber agent, when really he has great judi­ tion..-m.uch by that operation. I was about to make, if the Senator cial functions to perform and has to use the ·highest discretion. I will permit·me, a Hingle .observation. believe, if the Committee on Publi~ Lands will investigate the Mr. DAVIS. Certainly. matter, they will come to tbe conclusion I reached years ago, that Mr. GALLINGER. I was about to say that I was laboring .a very different class of men, men of greater experience and better under a misapprehension when I made the suggestion a few mm­ .qualifications, ought to be appointed -to these places by the Presi­ utes ago that the pending resolution should 'go to the Committee dent, by and with the advice and consent of the Senate, with a view 'to.Anilit and Control the Contingent Expenses of the -senate, not to their experience, knowledge of law, and .fitness for this v_ery kn.owing·that.a.motion..had been made to that effect. Surely that important service, which, if wrong1y perfonned, may destroy refer.ence w.ill nat be denied. I think all Senators will agree that :whole communities, as Ihavewitnessedinseveral cases. I believe thereference.shaJ..l be made now, at this moment, ana afterwaTd.s, if the committee will investigate this matter and will consider the if a .r.eport is made from the .committee, the discussion of .the necessary requirements for these officers, the system will be resolution will be in order if taken from the Calendar for that changed and we will have a provision of law to secure men com­ J>urpose. I trust the reference may be made without further petent to discharge such important duties. debate. That is 'all [want to say. 1\fr. HANSBROUGH. I desire to .say, as we all know here, The VICE-PRESIDENT. 'If there be no objection, the l'esolu­ -that the Senator from Nevada is a gooa lawyer. He has had wide tion submitted by the Senator from Arkansas [Mr. JoNES] wi11 experience in_such matters, and Itdo not know any Senator in this be referred to the Committee to Audit and Control fue Contin­ body whom I would prefer to trust in drafting a bill covering gent Expenses of the Senate. 'The Chair 'he&·s no objeetion, and this question. '!'he Senator is fully competent to draft such a -that order is made. The Senator from :Minnesota [Mr. DA. -vrs] is bill as will cover this and many other qu€stions such as .he has entitled to the ftoor. referred to; and I say to the Senator that if a bill .of that char­ MESSAGE FROM THE HOUSE. actex_ comes to the Committee on Public Lands, it will ._be given evei"y conside1-ation. A -message f1:am. the Hause of Representatives, by Mr. W .. .J. 13ROWNING, its Chief Clerk, ·announced .that the House had p.3ssed Mr. STEWART. Very well. the following bills; Mr. HANSBROUGH. r do not believe it is the province of the ·Committee on Pablic Lanas to .mvestigate the conduct of every A bill (S. 12.9) to amend ".An act fur .the correctien of the mili­ of approved~uly Zl, 1892; whom tary recora Wilhelm.Spiegefll:nrg,,, timber agent against complaints may be made. A bill (S. 242) for the relief of Moses Pendergrass, of Missourj; Mr. GALLINGER. I rise to make the point of order that, A bill (S. 2063) to authorize the White and Black River Valley under the rules of the Senate this resolution must first go1o the Railway Company to build a bridge across the 'Black River, in Committee to Audit and Control the Contingent Expenses of the Arkansas; .Senate, as it imposes a charge on .the contingent fund. A bill (S. 2393) granting an increase of .pension to Henry Hinck- The VICE--PRESIDEN.T. That is the motion before the Senate, ley; made by the Senator from Arkansas. A bill (S. 2813) granting a pension to Barney Smith; Mr. JONES of Arkansas. That was my motion. 3110) Mr. GALLINGER. I beg pardon. I did not know that fact, A bill (S. granting a pension to Patrick Breen; being absent from the Chamber when that motion was made. A bill (S. 3368) extending the time for the construction of a .MI·. JONES of Arkansas. I wish to read one paragraph from bridge across the Missouri River at Yankton, S. Dak.; the letter of Mr. Trieber which.has been read to the Senate at the A bill (S. 4269) granting a pension to Marg.erett Ferriter; A bill (S. 4400) granting an increase of pension t-o Joel Black­ request of the Senator from North Dakota. Mr. Trieber says: man· The court held that the special agent had the right to seize timber which A 'bill (S, 4456) to designate Gladstone, 1\fich., a subport of he had reason to believe, from evidence collected by him, was unlawfully cut from the public la.nds. · entry; and A bill (S. 4568) granting a pension to Jacob Miller. The chief of Mr. Schlierholz bad instructed him not to seize The message also annotgiced that the House had agreed to the timber except where he had positi-ve proof that it had been taken two reports of the committee of conference on the disaoo-reeing :votes from the public lands. This man writes in justification to Mr. of the two Houses on certain amendments of the Senate to tbe Hermann that the court .held that Schlierholz had the right to bill (H. R. 8428) making appropriations for sundry civil expenses ·seize this timber where he had wnat he considered reasonable ground to believe that the timber had been taken from the public of the Government for the fiscal year ending June 30, 1899, and he for other purposes, furth-er insists .upon its disag1·eement to the domain; and was violating the orders of .his chief according to amendments of the Senate Nos. 13, 14,186,221,222, and 233, npo.n his own statement. I think that of itself is sufficient ground for which the committee of conference have been unable to agree, him to be dealt with. But here comes a remarkable .statement. asks a further .conference with the Senate on the ili.sagreeing votes Mr. Trieber says that the court held: of the two Houses thereon, and had appointea Mr. ·CA.NNo:N, Mr. That a homesteader could convey no valid title to timber cut from his WILLIAM A. STONE, and Mr. SAYERS mana.gers at the conference entry before a. patent wasissuEid except such timber as was cut from the land he was clearing for actual cultivation, and that cutting timber promiscu- on the part of the House. ously from a. homestead entry is a crime and passes no title to the purchaser. VISITING INDIANS AT OMAHA EXPOSITION. I do not believe that the Senator from North Dakota will say The VICE-PRESIDENT laid .. before the Senate the following that that is the law, or that he will say that there -should have message from the President of the United States; which was read been any_ such rn,~mg ·by any court W:hen a manll.a~ lived on land a~a, with the acco_mpa.nying papers, referred to the Sel-ect Com: "t.he requue~ pen~d of fi:ve f~l yea1s, has made h1s ~al proof, m1ttee on InternationaLExpositions, 1lnd ordered to be printed: -and has rece1ved his. receipt, SIID.p.ly.because the clerks m the De- m t... "' t rf-th U: ·t d st~~ - artm t · th · f W hin . -L'0 r~eoena eo e n' e LW.es: ,R._. en km ~City 0 as gto?.are not able to keep up With cltransmit herewith a repOl'tfrom the Secretary of thelnterior, relative .-wll' wor -and I.Ssue patents.a.s.rap1d.ly as they are due, thus ke~ · -to Senate resolution of JunelO, 1898;reg_uesting the President" to make such

• 6256 CONGRESSIONAIJ RECORD-SENATE. JUNE 23, arrangements a.s may be necessary to secure at the Trans-Mississippi and This right of use and occupancy by the Indians is unlimited. They may International EXIJosition to be held in the city of Omaha, Nebr., the attend­ exercise it at their discretion. If the lands in a state of nature are not in a ance of representatives of the Iroquois tribes and Delo. wares of Canada and of condition for profitable use, they may be made so. If desired for the pur­ the Abenakis of St. Francis and Becaucourt and such other Indian nations poses of agriculture, they may be cleared of their timber to such an extent as have emigrated from the territory now of the United States to Canada." as may be rt3asonable under the circumstances. 'l'he timber taken off by the To carry out this resolution, if it shall be found agreeable to the govern­ Indians in such clearing may be sold by them. But to justify any cutting of ment of Canada., it will be necessary for this Government to send an agent the timber, except for use upon the premises, as timber or its product, it to visit the tribes and secure their assent, organize the representative dele­ must be done in good faith for the imnrovement of the land. The improve­ gations, escort them to the exposition, take charge of and care for them while ment must be the principal thing, and the cutting:of the timber the incident there and until they are returned to their respective tribes. only. Any cutting beyond this would be waste and unauthorized. The rea;olution seems to presuppose that there are funds which may be The timber while standing is apart of thf' realty, and it can only be sold as lawfully used to defray the expenses which must necessarily be incurred in the land could be. The land can not be sold by the Indians, and consequently the premises. By reference to the Secretary s report, it will be seen that the timber, until rightfull;vsevered, can not ba. It can be rightfully severed there are no moneys lawfully available for that purpose. for the J?Urpose of improvmg the land or the better adapting it to convenient It is not to be presumed that the Senate, under such circumstances, would occupatlon, bnt for no other purpose. When rightfully severed it is no longer desire the Executive to take the action indicated in the resolution, and I am a part or the land, and there is no restriction upon its sale. Its severance un­ therefore constrained to await the requisite appropriation by Congress for der such circumstances is, in effect, only a legitimate use or the land. In the payment of the expenses that must be necessarily incurred in the ac­ theory, at least, the land is better and more valuable with the timber off complishment of the proposed objects. than with it on. It has been improved by the removal. If the timber should WILLIAM McKINLEY. be severed for the J?Ur;Pose of sale alone-in other words, if the cutting or the EXECUTIVE !LL.'SION, June ~3, 1898. timber were the prmm;Pal thing and not the incident-then the cutting would be wrongful, and the tllllber, when cnt, become the absolute property of the ANNEXATION OF THE HA.W AllAN ISLANDS. United States. These are familiar principles in this country and well settlecl a.s applicable Mr. DAVIS. I move that the Senate proceed to the conside:ra­ to tenants for life and remainder-men. But a tenant for lite has all the tion of the joint resolution (H. Res. 259) to provide for annexing rights of occupancy in tbe lands of a remainder-man. The Indians have the the Hawaiian Islands to the United States. same rights in the lands of their reservations. What a tenant for life may do upon the lands of a remainder-man the Indians may do upon their reser- The VICE-PRESIDENT. The Senator from Minnesota moves vations, but no more. . that the Senate proceed to the consideration of the joint resolu­ In this case it is not pretended that the timber from which the saw logs tion named by him. Is there objection? were made was cut for the purpose of improving the land. It was not taken from any portion of the land which was occupied or, so far as appears, in­ There being no objection, the Senate, as in Committee of the tended to be occupied for any purpose inconsistent with the continued pres­ Whole, resumed the consideration of the joint resolution. ence of the timber. It W'lS cut for sale and nothing else. Under such circUm­ Mr. RAWLINS. Mr. President-- stances, when cut, it becamo the property of the United States absolutely, dischru>ged of any: rights of the Indians therein. The cutting was waste, and IT'he VICE-PRESIDENT. The Senator from South Dakota in accordance With well-settled principles the owner of the fee may seize [Mr. PETTIGREWl is entitled to the floor. the timber cut, arrest it by replevin, or proceed in trover for its conversion. :Mr. PETTIGREW. I yield to the Senator from Utah. The Indians having only a right of occupancy in the lands, the presump­ tion is against thQir authority to cut and sell the timber. Every purchaser Mr. RAWLINS. Mr. President, I rise to invite the attention from them is charged with notice of this presumption. To maintain his of the Senate to a matter of very grave importance, but which is title under his purchase it is incumbent on 'the purcha cr to Bhow that tha not strictly pertinent to the question of the annexation of Hawaii. timber was rightfully severed from the land. I call attention to the report of the committee of conference upon That the United States may maintain ~n nction for cutting and' carrying away timber from the public lands wa! decided in Cotton vs. United ~tates. the Indian appropriation bill. That report recommends the adop­ The principles recognized in that case are decisive of the right to maintaill tion of the following amendment: this action. Amendment numbered 38: That the House recede from its disagreement The answer of the court, therefore, to the question propounded by the to the amendment or the Senate numbered 38, and agree to the same with an circuit court is in the affirmative. amendment as follows: In lien of the matter stricken out and inserted by During the reading of the decision, said amendment insert the following. ..., Mr. HOAR. I rise to a parliamentary inquiry. I read the second proviso: The VICE-PRESIDENT. T~e Senator from Massachusetts will Pro1:ided furthe~·, That hereafter no Indian or tribe of Indians shall lease state his inquiry. for mining purposes lands, except by the authority of the Secretary of the Interior first had and obtained, under rules and regulations 'to be prescribed Mr. HOAR. Does this document relate to public lands in Ha· by him a.s to quantity of land in each case, and limit of price, and time of waii? lease, which in no case shall exceed seven years, and shall only be made by The VICE-PRESIDENT. The Chair understands that this doc• the authority of the council of the tribe making such lease, and with the ap­ ument has some reference to the conference report on the Indian proval also of the Secretary of the Interior after said lease has been a~reed upon, except in cases where the lands have been patented to any trioe or appropriation or to the Indian appropriation bill. That is the allotted to individual Indians; and the Senate agree to the same. understanding of the Chair. It is being read on application of Mr. President, tha.t provision, if adopted, is a. recognition of the the Senator..-from Utah [Mr. RAWLINS]. · title in fee of the Indians to all minerals within all of the reser­ Mr. HOAR. Is that report before the Senate? I do not see any vations of the United States. It is equivalent to a grant by the member of the Committee on Foreign Relations in the Senate, an·d United States to the Indians of all the minerals embraced within I should like to ask the Senator from Utah what is the pending what are known as Indian reservations. The annexation of Ha­ question? waii or its cession to the United States may be important; but of Mr. RAWLINS. The pending matter is some remarks which I far greater importance, beyond all comparison to the United was undertaking to submit to the Senate for its consideration, and States, is this auestion as to whether, while we obtain the cession I asked the Secretary to read an opinion by the Supreme Court of of four or five- million acres of land embraced ;within what are the United States. He has about completed it. There are only known as the Hawaiian Islands, we cede away to about 25,000 two additional lines. Indians the minerals in an area which exceeds 50,000,000 acres of . The Secretary resumed and concluded the reading of the deci· land, embraced principally in the mining States and Territories SlOll. of the United States, and that exclusive of the mineral lands Mr. RAWLINS. Mr. President, I very much desire the atten· within the Indian Territory, also excluding all the mineral land tion of Senators to this matter. It is of far greater significance within the District of Alaska. than the question of the annexation of Hawaii, and I am in favot Mr. President, I desire now to invite the attention of the Senate of such annexation. The opinion of the Supreme Court, which to this provision in order that Senators may not be taken by sur­ has just been read to the Senate, holds that the Indians upon these prise in vottng upon this conference report. I call attention to reserv~tions hav·e the right. of occupancy only. They have just the right of Indians respecting these reservations as it bas hereto­ such rights as a tenant for life possesses, and no more. It is held fore been recognized by the Supreme Court of the United States, that they have no right to the timber standing upon the land. If which clearly establishes that the Indians have no rights what­ they cut it for the purpose of sale, it is waste. It is equally well ever to these minerals. I invite attention to the case of the United settled that a tenant for life has no right to open mines or to ex· tract and carry away or sell mineral from the land. That rule is States vs. Cook, reported in 19 Wallace1 page 591. This was a case brought by the United States against Cook for damages for laid down in elementary text-books upon this subject. From the conversion of timber which had been cut by Indians upon an Tiedeman on Real Property, I read first, section 74: Indian reservation and sold to him. It was held that the United In respect to trees.-The tenant has no right to cut down any trees or to injure them in any way beyond the amount he is entitled to a.s e tovers. States had a right to recover. I ask to have read the opinion of And at common law certain trees which were used for timber could not be cut the court, which is not very lengthy, but which was delivered by for any purpose. the Chief Justice, and it clearly defines the rights of the Indians Such is the rule laid down by the Supreme Court of the United upon these Indian reservations. States in the case which has just been read. In section 75 this The Secretary read as follows: author says: The Chief Justice delivered the opinion of the court. We think the action was properly brought and that it may be maintained. In respect to minerals and other deposits.-The tenant is not permitted to The light of the Indians m the land from which the logs were taken was dig and sell gravel, clay, and other deposits which may be found thereon, or that of •occupancy alone. They had no power of alienation except to the to use the clay for the purpose of making bricks. United States. The fee was in the United States, subject only to this right of occuuancy. This is the title by which other Indians hold their lands. It In other words, the law is well settled that a person having the was so-decided by this court as early as 1823, in Johnson v.~. Mcintosh. The mere right of occupancy, like a tenant for life, or like the Indians authority of that case has never been doubted. The right of:the Indians to upon a reservation, has no title to· the minerals, or to the timber their occupancy is as sacred as that of the United States to the fee, but it is upon the land. Notwithstanding that such is the well estab· only a ri~ht of occupancy. 'rhe possession, when abandoned by the Indians, attaches 1tself to the fee without further grant. lished law defini.ng the interests of the Indians upon these varioUJ 1898. I OONGRESSIONAL -RECORD-SENATE. . 6257 reservations, it is proposed by the amendment to the Indian ap­ provision, and the only remedy is to vote for the rejection of the propriation bill to reverse the policy which has heretofore pre­ report and thus throw it back to the conferees in order that they vailed, to change the title of the Indjans from that of mere occu­ may reconsider it. I call the attention of the Senate to the mat­ pancy, with the rights of a tenant for life, to that of an estate in ter at this time in order that at an early moment the Senate may fee, giving them the right not only to the timber, but to all the have an opportunity of voting upon this report and to reject it for minerals within those lands. the reasons which I now give, so that the conferees may have Mr. President, in the last report of the Commissioner of Indian time to reconsider it. If we wait until the last moment, until Affairs I find that the land embraced within these Indian reserva­ these other questions which are now pending are disposed of, and tions·amounts to 82,770,345 acres. Of this vast area 32,674,000 if then this matter comes up there will be little or no time in acres are within the Indian TelTitory. Outside of the Indian which it can be considered by the conferees or the members of . - Territory there are, therefore, in the United States, located prin­ either branch of Congress. cipally within the mining States and Territories of the United Mr. President, I have the various provisions of law relating to States, an area of 50,000,000 acres in round figures. the rights, so far as they have been recognized by acts of Congress, The policy heretofore inaugurated by acts of Congress looks to em bQdied in chronological order, which I will ask to have inserted the cession by the Indians of the lands within those reservations, in the RECORD as a part of my remarks, without reading. amounting thus to some 82,000,000 acres, to the United States, all The VICE-PRESIDEN'r. Is there objection? The Chair hears in excess of what may be needed fo1· allotment. Lands suitable none. for allotments are agricultural and not mineral lands. The Gov­ rsee appendix.l . ernment of the United States has been in the habit, in. the treaties Mr. RAWLINS. In the remarks which I have thus far made I which have been made with these Indians for the cession of their have made no allusion to the mineral lands within the District of. lands, of compensating them for parting with the rights of posses­ Alaska. I am informed that there are many millions of acres in sion which they possess. If this policy of leasing is adopted and that District possessed by the Indians and within the limits of mines of immense value are discovered in these various Indian Indian reservations. If this provision be enacted into Jaw, it reservations as the result of the.operations of .the ·lessees, which would not only be a recognition of an estate in fee of the Indians will doubtless disclose mines of valuable minerals worth perhaps to the lands, 50,000,000 acres outside of the Indian Territory and many millions of dollars, the question will at once arise as to..ob­ within the limits of the United States, but to the vast areas in taining a cession of those lands from the Indians. Alaska which are possessed by these Indians in the form of reser­ It will be complained by them or those who may represent them vations .. that Congress has recognized their right to these minerals; that With this statement, regretting merely that more Senators are they possess the lands in fee. Before any treaty can be obtained not present in order that they may understand the gravity of the for the cession of those lands thus made valuable, containing these question which is thus presented to them, I submit the matter. minerals, in many cases known to be of immense value, the In­ dians will demand compensation not only to the full extent of the value of the possession, but of the minerals which may thus be APPE~IX. discovered. Before this vast area of land can be reclaimed,.be­ SEc. 2ll6. No purchase, grant, lease~. or other conveyance of lands, or of any title or claim thereto, from any Inaian nation or tribe of Indians shall be fore it can be made available for settlement by American citizens, of any validity in law or equity unless the same be made by treaty or con­ before it can be merged into the mass of property subject to taxa­ vention entered into pursuant to the Constitution. Every person who, not tion in the various States, the Government, by reason of the adop­ being employed under the authority of the United States, attempts to nego­ tiate such treaty or convention, directly or indirectly, or to treat with any tion of this amendment, will in the future be called upon to ex­ such nation or tribe of Indians for the title or purchase of any lands by them pend untold millions of dollars. held or claimed, is liable to a penalty of Sl,!XXJ. The agent of any State who This involves a question far, far more important, as pertaining may be present at any treaty held with Indians under the authorit¥ of the United States, in the presence and with the approbation of the comllllSsioner to the future welfare of this nation, than the annexation of the of the United States apvointed to hold the same, may, however, propose to, little group of the Hawaiian Islands containing but four or five and adjust with, the Indians the compensation to be made for their claim to millions acres of land. It seems strange to me, after the Senate lands within such State which shall bo extinguished by treaty. has time and again voted down propositions of this kind, that at * * * * * * * this critical moment, the end of the session, when Senators have And p1·ovided jUI·fheJ-, That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner~ if in the opinion of their attention absorbed by other and more important matters­ the President it shall be for the best mterest~ of said trioe, it shall be lawful matters of war, the annexation of Hawaii, and the future policy for the 15ecretary of the Interior to negotiMEc\ with such Indian tribe for the of the United States in respect to these great exigent questions­ purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of such porti()ns of its reservation not this matter! by which it is proposed to part With the right of the allotted as such tribe shall, from time to time, consent to sell, on such-terms Government to all the minerals, is sprung upOit us unexpectedly and conditions as shall be considered just and equitable between the United and is sought to be forced through the Senate and the other House. States and said tribe of Indians, which purchase shall not be eomplete until ratified by Congress, and the form and manner of executing such release Mr. President, the motive which inspires the springing of this shall also be prescribed by Congress: Provided, however, 'Ihat all lands matter upon the attention of Congress at this time is not difficult adapted to agriculture, with or without irrigation, so sold or released to the to fathom. Speculators have got into these Indian reservations United States by any Indian tribe shall be held by the United States for the sole _purpose of securing homes to actual settlers and shall be disposed of by and by contrivances, corrupt means, have obtained the consent of the United States to actual and bona fide settlers only in tracts not exceed­ the Indian councils referred to in. this provision, by which large ing 160 acres to any one person, on such terms as Congress shall prescribe, areas of lands are to be leased to them if they can procure their subject to grants which Congress may make in aid of education. And p 1'0'Li ded j u1·ther, That no patents shall issue therefor except to the ratification. I do not believe that the Secretary of the Interior is person so taking the same as and for a homest.eadhor his heirs, and after the favorable to this provision, but I am certain that the people of expiration of five years' occupancy thereof a.s sue homestead; and any con­ the United States, I am c~rtain that the members of the Senate and veyance of said lands so taken as a homestead or any contract touching the the House, if their attention is brought to the matter, if they con­ same or lien thereon, created prior to the date of such patent, shall be null sider the vast consequences which are to follow from the enact­ and void. ment of this measure, are not prepared to make a cession to these SEC.* 3. That whenever* it* shall be made * to appear* to the* Secretary *of the Indians occupying these lands outside of the Indian Territory, Interior that, by reason of age or other disability, any allotment under the pro­ aggregating, in round numbers, 50,000,000 acres, land which they visions of said act, or any other act or treaty, can not nersonally and with benefit to himself occupy or improve his allotment, or any part thereof, the do not improve, barely possess, roam over, where at the present same may be leased upon such terms, regulations, and conditions as shall be time habitation by citizens of the United States is exciuded-I prescribed by such Secretary for a term not exceeding three years for farm­ take it that we are not prepared to make a cession to some 25,000 mg_or grazing or ten years for mining purposes. NoTE.-{1) The quantities specified m the act of 1887, February 8, chapter Indians, and they do not, I believe, exceed that number upon all 119, section 1 (24 Stat. L., 388), that section being superseded in terms by this, these lands, all the minerals within this vast area of that section are as follows: of our country. To each head of a family, one-quarter of a section; To each single person over 18 years of age, one-ei~hth of a section; Yet that is precisely what this proposition means. As occu­ To each orphan child under 18 years of age, one-eighth of a section; and pants of the lands, with the rights of tenants for life, it is settled To each other single person under 18 years now living, or who may be born by the decision of the Supreme Court that the Indians have noes­ prior to the date of the order of th~ President directing an allotment of the If lands embraced in any reservation, one-sixteenth of a section. tate or interest in the minerals. they have no estate or interest Provided, That where lands are occupied by Indians who haVQ bought and in the minerals, then they have nothing to lease, and the lessee paid for the same, and which lands are not needed for farming or agricultural would derive no higher right than they possess. purposes and are not desired for individual allotment, the same may be leased by authority of the council, speaking for such Indians, for a. period These minerals do not belong to the Secretary of the Interior, not to exceed five years for grazing or ten r.ears for mining purposes, in and he has no title in the minerals, discovered or undiscovered, to such quantities and upon such terms and conditions as the agent in charge of part with to the lessee. Therefore, to enact this provision is to such reservation may recommend, subject to the approval of the Secretary acknowledge the right, to concede the right by act of Congress, to of the Interior. grant the right to 25,000 Indians occupying or possessing 50,000,000 Par.* 5. That whenever * it• shall be made* t.o appear * to the *Secretary *of the acres of land to all the minerals that may be found therein. Interior that by reason of age, disability, or inability any allottee of Indian The Senate ought never to consent to the adoption of this re­ lands under this or former acts of Congress can not personally and with ben­ efit to himself occupy or improve his allotment, or any part thereof, the same port•. As I und~rs~nd the ~ule, we have not the right to move to mar. be leased upon such terms, regulations, and conditions as shall be pre­ refer 1t back With mstructions to the conferees to exclude this scribed by the Secretary for a term not exceeding five years for farming or XXXI-392 6258 CONGRESSIONAL RECORD-SENATE. JUNE 23,

grazing purposes or .ten yeru-s!orm.i.ningurbusinesspurposes: Provided fur- and undertake to hold in subj~ction. Why should we change onr ther, ThatthesurplUBlandsofa.nytribemaybeleasedforfarming_purposesey ili 1 ? Wh h u1d ,._ack hi t theeouncilof such tl'ibeunderthesa.me1'1llesandregulationsa.ndforthesame po cy as a peop e Y s O we go -1.J ? upon our s ory term of years-as is-now allowed in the case of leases for grazing purposes. and our past? What :argmnent can be presented in behalf -<>f an * * • • • • • abandonment of the principles and policies that bave made us a Par. 5 (4}. That whenever it shall be made to appear to the Secretary of great nation? thelnteriortha.tbyreasonof age, disablli:cy,orinabilityanyallotteeof.lndian Is th +" • th f th "sl .:t~ • th p ifi ? lauds under this or funnel' acts of Congress can not personally and with ben- ere an excep ulOn m e case o ese 1 anw:~ m e ac c. eilt to himself oecu.PY or imJll'ove his allotment, or any part £hereof, the I will not go into their history, but I will allude briefly to their same may be leased, UJlOn such terms, regnlationsr.and conili:tions as shall be locality, to their population, and their climate~ The Hawaiian prescribed by the Secretary, for a term not exceeding iive years for farming Islands are fifteen in number. Five of them are inhabited. They or grazing :purposes or ten years fol' mining or business-purposes. lie between lonD'itude 154 o and 160° west, and between latitude 18° * • • • ~ • • ~- Par. 6 (6). That whenever it shall be madetoappeartothe Secretary of and 22° .north. Theislandof Neehaucontains97squaremiles and the Interiortha.t by reason of age, disability, orinability any allottee of Indian a population of fourteen families. It has an area of 62,000 acres. la'llds under this or former acts of Congress can not personally and with ben· It is the first of the group to the westward that has any nopula­ eiit to himself occupyor impro'\""e his allotment, or anypartthereof, the same tion. It is owned by a citizen of Great Britain, aNew Zeal-ander, may be leased in the .ffiscretion of the Secretary, upon such terms, regula- tions, and conditions as-Sball be prescribed by him, to1· a ter.m. not exceeding who bought it from the King many years ago and uses it for five years for farming or grazing purposes and ten years for mining br bw:i- grazing purposes. Upon it are raised from thirty to forty thou- · ness ~urposes. ,.. ,.. • • ,.. * sand sheep, and their wool is admitted to the United States fi·ee To enable the President to cause, under the provisions of the act of'Febru· of duty' .although we impose a .high duty upon wool from every ary s, 1 7, entitled "An -act to provide for the allotment of lands in sevMa.lty other country in the world. Certainly no American intere t is • to Indians," such Indian l'eservations as in his judgment ar~ adva.n:tageous promoted by our method of dealing with the island of N eehatl... for agricultmal and grazing purposes to be surveyed, or resurveyed, for the K · th xt · 1 d h 590 mil d t · 377 000 purposes of said act., and to complete tlie allotment of the same, including anal, e ne 1S an ' as square es, an con ams , the necessary clerical-work incident thereto in th9field and inihe Oflice e.f acres of land, and a population ofl5,392. It is owned .almost ex­ Indian A:ffairs, and d"Eilivery of trn.st patents, so far as allotments shall have elusively by German planters, who are raising sugar by the em-. .been ele.cted under said act, $30,000: Provided, That hereafter w1len it .shall 1 t ~ A~~ ti Iabo d tl... · d ts · t d t th 'be made to aJlP!lllr to the Secretary of the Interior that by res.son of -age or P oymen O.J. =a c r' an .u.ell' pro uc are 1mpor e o e disability any anottee of Indian lands under this or former acts of Congress United States free of duty. There is no American plantation can not personally and with benefit to himself o~y or .improve his allot- upon this island. Some of the stock in the German companies is ment, or any pal't thereof, the .same may be leased, in the discretion ·Of the owned by the so-called .American citizens of Hawaii, bu.t no Secretary, UJlOn such terms, regulations, and conditions as shall be pre- scribed by him, for a term not exceeding three years for farming or graz· An;leriean citizen owns .any -property on . this island whatever. .ing purposes or live years far mining or business purposes. Yet the ooople of the United States are taxed to sustain the re- * * • • • .• • mission .of 'duties to the-extent of millions of dollars, ana the only Mr.. PETTIGREW. .Mr. President, I :und~rtook to show yes- purpose -served through this favoritism is that their prooucta terday that it was contrary to our theory of government, contrary come in free .and they profit enormously on the one side through to our customs and precedents as a people, to acquire territory .an abatement of duty on our part and through the .medium of not contiguous to our own, and inhabited by an inferior race of eontract or sla.ve labor on the part of the planters. people. Those who favor a different J>Olicy now and who favor Oahu is an island of 600 square miles, eontainjng 384,000.acres, a departure from those 'Customs and practic~s that ha-ve m-ea ted and it has a population of 40,20.3 people. On this island .is ~ituated the proudest pages of our history say it is manifest destiny. the city of .Honolulu, containing about 30,000 people. The island Throughout all recnrded time manifest destiny has been -the m'Ul'- .also contains many sugar piantations, owned almost entirely by derer of men. It has committed more crimes, done more to op- natives of the Hawaiian Islands, .men whose fathers ·or grand­ ;press and wrong the inhabitants of the world than any other at- fathe1·s were citizens of the United State.s, who were born on the tribute tb which mankind bas fallen herlr. island, whose ancestors went there to >COnfer upon ·those people Manifest destiny has caused the strong to rob the weak .and has the blessings of civilization, and whose sons have beaten them reduced the weak to slavery. · Manifest destiny built the feudal out of th$' .pl"Operty and out of their Government. castle and supplied the castle ·with its serfs. Manifest destiny Molokai is an island of 270 square miles, containing 172,800 impelled republics that have heretofore existed and perished to go .acres, with a _population of 2,307., 1,200 of whom are lepers. This 1orth ..and oonquer weaker races and to :subject th~ir people to island is a leper colony. -Dn one side it is fertile. There -are one s1avery, to impose taxation against their will, and to inflict gov- or two sugar plantations, but the island is given up 11.lmost en­ ernments odious to them. Manife.st destiny is simply the cry of -ti:rely to the custody and care of lepers. They are isolated, and the strong in justification of their plunder of the weak. This cry have been placed upon this island because the disease is ·Con­ :sent forth the nations of Europe to divide among them the weaker tagious. . nations of Asiaa.nd of Africa. This cry.has allowed Great Britain 1 notice, as one of the .assets paraa.ed.by the advocates of annexa­ to gather the harvests on the banks of the Nile, to lay burdens tion, the co.st ofthi.s leper plant. rt is given ns-onereasonwhy we upon the people of .Egypt nnnsual, intolerable, worse than that of should annex the island that this is -a part of the property we individual slavery. will acqtri:reif the-Governm-ent takes Hawaii It is a wonderful, It is this Cl'Y of manifest destiny whieh causes the guns of Great a most desirable, assetl 'Th'6re are 1,200 lepers, and as an induce­ Britain to .echo daily around the world and excuses the massacre ment for ns to accept .the island these enterprising sons of mis­ and ast-~assination of the weaker people of the earth. Her opera.- sionaries throw in -among the assets the value of this leper colony tions in Africa shejnst1fies bythis specious plea. During thelast plant. Beven :years she has killed twenty or thirty thousand of the people Maui is an island of 760 square miles, containing 467,000 acres, of Africa, bombarded towns filled with women and children, and with a population of 17,726, engaoo-ed in the production of sugar. herself has lost in this unequal contest but £even men-all this in "This island is exceedingly fertile, and there are vast areas yet un­ the name of mgnifest destiny. So colonies have b~n planted by cultivated~nd capable of producing sugar, and upon it there is the nations of Europe. They have gone forth to conquer the considerable in the way of American interests. Upon this island weaker nations of the world. But the result upon themselve,shas ID"e the plalltations of Spreckels and his boy, '3,nd the stock in not been .such as to induce u.s to emulate their example. those companies is-quite largely held in this country. Great Britain to-day, with all her mighty power and ber vast L-anai is an island of ~50 square miles, containing 96,000 acres ,poSBessions, has not conferred upon the people of England the and has a population of 105J>eople.. There is no American :inter- comfort and satisfaction and happiness which should come with ~st there. It is a grazing island. · a proper and honest national policy. One-tenth of her people are Hawaii, which is the principal island of the group, has an area paupers. Two out of three of .her laborers who reach the age of of 4,210 square _miles, or 2,649,000 acres. Its population is 33,.285. 60 years either are or have been paupers. Two hundred and This island, like all th.e 1:>thers, .is B. product of volcanic action. twenty-two thousand of her people own aJl the property. More They were thrown up from the bed of the Pacific. The island of than two-thirds of the-people of Great Britain have no-property Hawaii is 14,000 feet in h-eight, and has upon it one of the greatest at all. Tfhis is .a ·result of her course in working out to its legiti- -volcanoes in the world. The e1·ater upon the summit, which is mat~ conclusion -the theory of manifest d€stiny. 13,600 feet :above -the sea, and Kilauea, the crater upon its side, If we pursue it, .if we annex the weaker nations of the world being 4,000 feet above the sea, are always active. This island is and undert-ake to govern them, such will be the result with us. If exceedingly rich. There are vast areas of tl'Opical vegetation we annex nations to wb.iph we can not apJ)ly our system of gov- capable of producing great quantities of the 'Products of tropical ernment, if we acquire territory in the Tropics where men can not lands. live who are capable of self-government, then republican forms The total area of all these islands is 6,677 sq_uare miles, or can not exist in those distant possessions. The vigorous blood, 4,208,000 .acres. The .Hawaiian Islands are within the Tropics. the best blood, the youpg men of our land, will be drawn away to They are capable of prodncing only the proaucts of the Tropics. mix with inferior races and .toJ10ld them in .subjection. Gradu- They are sUBceptible of .great develo.Pment beyond that which has ally the reflex action of the conquest and government of these in- already occurred. They :are capable of maintaining, in my opin­ ferior ra.ces .by tyranny, by a new .form of government unlmown ion, three or four times the popul.ation ihat they now J>Ossess. tons, willworki~effectnponomownpeop1e,andfreeinstitutions It was argued by the friends of annexation when the debate will disappear from this land as well as from the land we conquer ;opened upon the "treaty presented for the annexation of these 1898. OONGRESSIONAL RECORD-..,SENATE. 6259 islands that they were enormously rich; that they would produce what Anglo-Saxon men untrannneled will always work out-a a valuable trade, and would therefore confer a great benefit "Upon free government participated in by all the people. In my opinion the people of the United Sta-tes. I am willing to ~eept that state- they have better laws. In fact, they furnish about the only ment. example of a firsfi..cla.ss English government on the globe t~da.y. Now it is argued that we only need a coaling station and that The Straits Settlements are within the Tropics. There is there the islands are barren, volcanic rocb, not capable of population, · a population of 512,000 natives. Singapore, the com.m.erci::\1 city, and therefore that question is unimportant, hardly worthy ·Of con- is a great city, one of the emporiums of the East, right under the sideration. We will, however, go into thatsubjeetfartheralong. equator. It is -on the route from the Suez Canal to China _and If these islands contained a population as dense as that of Iowa Japan. It contains 512,000 natives, 6,500 Europeans and Amer­ to-d_ay, they would be occupied by 240,000 people; if a population icans. The Europeans are the English garrison and the English as dense as that of Illinois, they would have 460,000 people. officeholders. The few Americans who are there are engaged in But, Mr. President, tropical countries produce and maintain trade ·and business with the East, and they go away in the sum:. populations much more dense than -countries in the temperate mer. They go up to Japan; they go to the health resorts of that zone, because it takes less to clothe and feed and care for their delightful country to escape the evil effects of a tropical climat-e. people, because their demands and wants are less, and because of It was supposed that the French people would occnpytheTrop- the wonderful food-producing power of the soil of the Tropics. ics, but they do not. The Latin race, more or less, bas occupiea The island of Java has an area no larger than the State of Iowa, the Tropics, hut the frost of winter has touched the veins of the and it contains 24,000,000 people. It is within the Tropies. It is Frenclun.an. lt has overcome the tendency .of his Latin blood to reasonable to suppose that the Hawaiian Islands will maintain a live within the Tropics, and although they have conquered Ton­ population in proportion to their area equal to those.of othertrop- quin, with 9,000,000 of people, ·&nd Cochin China, with. 3,000~000 ical countries. more, there ~re only 3,000 Frenchmen in the whole .country, in- But what kind 'Of a population, Mr.. President? The .more of ,cluding th.e officers and the garrison. The rest of the troops are them the worse. What kind 'Of a population is it, then, that we · natives. propose to admit into this eountry? But our friends who are fa- Martinique is an island on the north coast of South America~ of voring annexation say American laborers will go over to Hawaii : which we have heard much of late. Martinique bas 187,000 peo­ to till the soil and gain easy subsistence. There is not a colony . ple, and only 1,307 Frenchmen and Europeans of all classes. The <>f European or Anglo-Saxon laborers within 22° of the equator balance of the population are blaeks. anywhere Dn the globe. No English, no .French, no Germans, no French Congo has a popmation of 7,000.,000J and only 300 Euro- Scandinavians, no Russians, none of th~ people whose blood flows peans, besides th~ garrison. in the veins of our people have colonized any portion 'Of the gl-obe So it goes the world over. Look where you will, tropical coun- within 22° of the equator. American enterprise aud Anglo-Saxon tries are not inhabited by the pebple of our race. thrift seek the region in the northern hemisphere or the ·southern There are no American Ja.borers in Hawaii, and there never hemisphere, if you will, between the thirtieth .and fifty-fifth de- will be. Annex the islands if you will. A number of American grees of north or sonth ~atitude. They will not go elsewhere. laborers who were taken there yea.rs ago to work upon sugar plan- Is it claimed that these pe.op~e are n1>t colonists; that they .have tations hav~ aban.don~d the business, and to-day not one is em­ not gone forth to conquertheworld.and settlenewconntries? On played in.any·of their tropical industries. Between 1895 and 1897 the contrary, they have planted their rcolonies around the worM, even the -eighty-13even Americans who were put down in the can­ though never within this tropical belt, for the reason that they do :Sll.S ·of Hawaii as being engaged in the sugar industry as em­ .not flourish there. ployees have disappeared entirely. They tum them oft They Jamaica has been an English .colony for tw"O hundred years. . were for&men, they were bookkeeper~ but the .Jap came in, J amruca has 4,200 square miles, two-thirds as much as the islands skilled as .he is in every art and in every husmess. He would of Hawaii. It lies within the Tropics. It has a population of work for $12 a month, and the American who was being .Paid $50 633,000 people. How many Englishmen; how many Europeans? :and. $75 was dismissed. So even in Hawaii, since 1895, every AIDer­ Including the garrison, including the officers, including the at- ican employed as a laborer 'On these plantations has h:een dis­ taches of the Government, 14,600, and that is all. 'The rest are missed and his :place D.Iled by :an Asiatie. blacks. This island lies within the Tropics. It has an elevation Mr. CHILTON. Mr. President, I think the fa-Cts now being of 7,000 feet. lt is one of the most.healthful of all the tropical . stated by the Senator from South Dakota ought to be heard by islands. the Senate. It is obvicms tha.t a-quorum is not present, a.nd 1 ask That whlch may be said of it may be also said of Hawaii. ;:..And for a call of the Senate. yet the E1ll'opean will not locate there. He goes to NevrZealalld, The PRESIDING OFFICER (Mr. FA~'"ER in the ·chair). to :southern Australia, to Canada. He abides where the frost The Senatm··from Texas suggests the lack of a quorum, and the chills man's blood and where clothing made 'Of the wool of the Secretary will call th~ roll. sheep helps to keep him warm. I think you can lay it down as a The Secretary called .the roll. and the following Senators an- proposition which can not be refuted that self-government and :Swered. to their .names: · independence &nd high civilization are only embraced by people Bacon F&111lmer, .Mc.Bpde, Pritchard. who find it necessary to wear warm clothes and who feel the Bate,' Foraker, McEnery, Roach, tingle of the frost in their veins d nring a portion of a -year. : Berry, Frye, McMillan, Sewell, Gallinger, Mallory, Shuup, The Leeward Islands have '101 square miles. They have 123,000 ~e~ws, 'Stewart. people, ~,000 of whom are Europeans. It is another English · Caffecy, ~~:.·. lhu~· . Sulliva.n, colony. , ' Carter, Hale, Mon-ey, Teller, Tillman British Guiana, on the north coast of South America, bas109,000 2fa~.~n, »::~brough, li~· · ~ley,' square miles and a population of 280,000 people-negroes, contract ~ .H~ Nelson, Warren, !abore~s, coolies fr?m India raising·sugar, with 2,533 Europeans, Cullo~' ji~~.e , ~!~~,' Wellington. White, mcludmg the garnson. Davis ' Jones, Ark Pettigrew~ Wilson, Haiti has a population of 600,000 people. It h~ 10,204 square Del:lOO, .rones, Nev. Pettus, Wolcott. miles. The language is French. Nine-tenths of the population Ellpns, Lindsay, Platt, Conn. are negroes, and the rest are mulattoes. You can say a thousand Fail'banks, Lodge, Platt, N.Y. things abou~ Haiti, about i~s heal~hfu~

the only possible indorsement the book is entitled to from any- population of Europeans from 1890 to 1896, when in reality there body, and, with this apology, I quote from it: has been no increase in the population of Americans in those For seven years the average temperature of Honolulu, which is islands, except what was furnished by the fellows they took there one of the most northern points in these islands; was 74o 32' (for fro~ . San Francisco to arm in order that the~ might maintain the whole seven years. taking them alltogether) and the thermom- their tyranny after they overthrew the Government in 1893. eter ranged from 54o"to 88°. I have not the observations from They say in 1890 there were 1,344 British; in 1896, 2,250: of theotherportions. Themainportionoftheseislandsisembraced Germans in 1890 there were 1,034; in 1893, 1,432; of French in ·n the Island of Hawaii, which is very much nearer the equator 1890 there were 70; in 1896, 101; of Norwegians in 1890 there were and, along the coast, undoubtedly very much hotter. . 227; in 1896, 378. Honolulu being on the southwest side of a range of mountains, So, much less than 3 per cent of the population is of American the trade winds blowing from the northeast lose their moisture descent. About 4 per cent of the population is British. German against the face of these mountains. Consequently the climate of French, a.nd Norwegian. . ' that locality is dry for the Tropics, but its temperature ranges Of Portuguese in 1890 there were 8,602; in 1896, 15,191. But that about the same as that of tropical countries generally. The range apparent increase of Portuguese is fictitious. ·s from 54° to 88° and the average is 74o 32'. The. real f~cts of the matter are that in 1890 the Portuguese We will take Havana, Cuba. For ten years the mean tempera- born m t~e ~slands under the head of Hawaiian they classed at ture was 76.8°; the. range was from 49o to 100o. It gets slightly ?.495, while m 1896 they c~asse·d all the Portuguese-born in the colder and slightly hotter in Havana. That is no indication of un- 1sland the same as they dtd the Americans, under the head of healthiness, but the contrary, for in Dakota it ranges between 40o ·Portugl?-ese,_mak~ng an apparent large inct:ease, although there below and 110° above. It is the even temperature, the continuing was no tmmtgrabon of Portuguese to the islands during that time temperature at the same range that makes these countries un- ~ny more than t~ere was of Americans. There were of Japanese healthy and unfit for the habitation of the white race. At San m 1890, 12,360; m 1896, 24,407; there were · of Chinese in 1890 Fernando, Cuba, the average is 75°; the h_ighest range was 87°, and· ·15,301; in 1896, 21,616; of Polynesians there were 588 in' 1890 and the lowest 51°, In Hawaii the highest range was 88°, the lowest 455 in 1896; of other nationalities there were 419 in 1890 and 600 54°, average 74.32°; while at San Fernando, Cuba, the range was in 1896; of Hawaiian-born foreigners, none in 1896 and 7 4.95 in from 51 oto 87°, and the average was 75°. The range in Kingston, 1890. . Jamaica, was, lowest 66°, highest 89°; there being only 1o of differ- It will be noticed that thr.re is an enormous increase of the ence between that and Hawaii, and the average was 78o. , Asiatic population. If you look at their commerce, yo'.l will find San .T-qan, PJlerto Rico, another tropical country, and almost that there has been an enormous increase of commeree between the same distance from the equator as the Hawaiian Islands, the these islands and Asia and a decrease of commerce cetween these average was 78.9°. - islands and the United States since 1890. _ Whv? Because the The climate, then, of Hawaii is not different from the climate of population is Asiatic. and they want nothing that we produce. every tropical country. The climate of tropical countries is pretty They live upon rice and they wear different clothes from what we even throughout the year. The thermometer ranges but little. wear. There is nothing that. the United States produces that the There is scarcely a tropical country on the globe where the ther- l::borers of those islands want. They are the dominant popula mometer ranges above 880, but the continuous heat, the perpetual twn, and therefore the dream of enormous commerce fritters heat, the average heat from ~ne year's end to the other, of 73° or away. But what kind of people are they? The same kind of peo- 750 or 76°, which is about the average of ev-ery tropical country on ple you would ex12ect in the Tropics. What is the difference be­ the globe, is what tells upon the people who are born in the north. tween the .nm~ber of males and females? That.is in te1·esting. Is Therefore our aggressive, energetic, active, dominating race will a populatwn ·where there is a disparity between the sexes desir­ nev-er inhabit those islands. If they would, why have they not able? Here are the figures: gone there? The PRESIDING OFFICER. The Senator from South Dakota Table of sex, by nationality. will suspend for a moment. The hour of 2 o'clock having arrived, [From latest census returns; 1896.] it is the dutx of the Chair to lay before the Senate the unfinished Hawaiian-born of for- business, which will be stated. eign parents. Whole population. The SECRETARY. A bill (S. 3698) for the restoration of annui­ Nationality. ties to the Sisseton and Wahpeton bands of Dakota or Sioux In­ 1 Fe- Fe· I · _ ...... ,'-'..,_:., ______, _a_es_.M _m_a_Ie_s. Total. . .Males. males. To~a.L dians. 1 Mr. DAVIS. I ask that the unfinished business b~ temporarily aid aside. Hawaiian __ ·-···----··- ____ ·--- ...... ------16,399 31,019 Part Hawaiian---·-··-·-----·-· 4,24:9 8,485 The PRESIDING OFFICER. Tlie Senator from Minnesota American .. --··--·-----·-·-.... Mll 419 820 1,975 3086 asks unanimous consent that the unfinished business be tempo­ British---·-·---···---····--··-· 352 360 712 1,406 2:25() rarily laid aside. If there be no objection, such will be the order German------·-·-··-··-···--· 252 268 520 866 1,432 French-----·-·------·····--···· 10 16 26 56 101 of the Senate. The Chair hears none. The Senator from South Norwegian_-·-···_·-·-··------71 !ll 162 216 378 Dakota will proceed. Mr. PETTIGREW. Mr. President, in 1875 we made a treaty with these people by which we stimulated an industry in such a Here you notice a wonderful disparity between the males and manner-and to such an extent as no other industry was ever females, Americans, British, Norwegians, French, and Germans;· stimulated in the world. We admitted their sugar free of duty. and if you look over-the population of every tropical country We remitted in duties more than it co.st to produce the sugar. It in the world, you will find the same disparity; you will find a pre­ is claimed that we did it in the interest of the missionaries who ponderance of males among the whites. In other wordl3. our race had gone there to convert the people to Christianity and, having does not live in that climate; it can not. I have investigated a abandoned their job, had proceeded to steal their land and steal large number of tropical countries, and find as to the character ·'. their Government. Did more Americans go? The climate had no and sexes of the. population of Europeans, as a rule, there are attractions for them. ·The population of Americans in the islands from one-fourth to two-thirds more males than females. It seems has not increased materially under this wonderful stimulus. Let to me that that is comment enough. But let us see what is us see what is the nationality of the inhabitants of the islands. worse. Is it desirable; does manifest destiny compel us to ta.ke in such Hawaiian-born of for- Wh . people? eign parents. o1 e popu 1atwn. In Hawaii in 1890 there were 34,436 natives; in 1896 there were Nationality. 31,019. Of part Hawaiians in 1890 there were 6,186; in 1896 there were 8,485. Of Americans in 1890 there were 1,928; in 1896 there Males. n!f;s. Total .Males. m!f~s. Total. were 3,086. ------11---1---,l-_.:__ ------Now, let me explain these figures. That shows a great ine1·ease. Portuguese------· -- ·--·------3,606 3,353 6 959 s;202 6,989 15,191 The fellows who are running that Government are the shrewd­ 1, 024: 2: 078 19, 212 5,195 24,407 ~hlj~~::e. ~ ~: ~:: ~ ~::::: ~ ~ ~ ~ ~::::: l; ~ 1,030 2, 23! 19,167 2,44{1 21,616 est lot I ever knew. Their fathe-rs had no communion with the South Sea Islanders.---·-·---· 21 25 4i.i 321 134 455 devil, and their sons have to have enough of that sort of fellow­ Other nationalities--·····--··- 87 89 176 4i8 . 152 600 ship,to make up for the whole family. They have taken in the census of 1890 only those Americans who they claimed were Total------·-·····-----· 7,0086,67513,73372,517 / 36,W3 j ~ American born, and have left out the 820 of American blood who were Hawaiian born and Hawaiian citizens. This shows a preponderance of two to one; twice as many males Then they made an extra class in 1890, and they said Hawaiian­ as females. That is the kind. of a population you propose to ad­ born foreigners, but in 1896 they took all the Hawaiian-born Amer­ mit in this Union on an equal footing with the rest of us. I will icans and put them into the class of Americans. So it was with the print with my remarks the next table, which shows the differen~e British, the Germans, French, and Norwegians. The scheme was in population and its nationalities since-1853. The disparity, so to make it appear that there had been a wonderful increase in the far as the Europeans are concerned, is the same. 1898. VONGRESSIONAL · RECORD-SENATEJ· ' The table referred to is as follows: Of the Japanese there were 19,212 males in all the islands. In 1896, 11,584 were employed upon the sugar plantations, and in 1896, 12,893. That shows who took the places of the Europeans __N_a_ti_o_na.ll_ty_. __ __I_853._ · -l--1866_._* 1872. 1878. ISM. 11890. 1896. who had been previously employed. Of the Chinese there were 1 19,167 males upon the islands; and in 1895 there were employed of Natives ••....•...•..... 70,036 57,125 49,0« «,088 (0,014: 34,(36 31,019 this number upon the sugar plantations 3,847; and the next year Part Hawaiians • • • ... . 983 1, 640 1, (87 3, 420 ~. 218 6, 186 8, (85 there were 6,289 Chinamen employed upon the sugar estates; and Chinese...... 364: 1,206 1, 938 5,916 17,937 15,301 13,733 Americans...... 1>92 889 1,276 2,066 1,928 2,266 yet we are told about American people and American interests Hawaiian· born for- and American labor; and that is one of the arguments set forth B:fWsh~~:::::::::::::: :: • ~ ~ i;~ i:: ·l,~ by those advocating the acquisition of this "paradise of the Pa­ Portuguese...... 86 895 (36 9,377 8,602 75 cific," inhabited by the males of the human ra~el Germans...... 81 2,988 2'U 272 1,600 1,434: 8,232 Of South: Sea Islanders there were, as will be seen by the table, French...... 00 88 81 192 70 216 321, accordmg to the census of 1896, upon all the islands. Of Japanese...... 116 12,360 19,382 133 1895 115 Norwegian...... 8 ----.j_;;· ----,;;;.;· 362 221 22,329 those were employed upon the sugar estates in and in other foreigners ...... 80 OU'J: uuu 416 419 400 ~896; of oth~r nationalities 720 were by the census upon all the Polynesian...... 4 ------956 588 424: ISlands, and m 1895 there were 97 employed, and in 1896 600 were ----1------1- TotaL ...... 73,138 62,959 56,897 67,985 80,578 89,990 109,000 employed-an increase of laborers employed upon sugar planta­ tions from 1895 to 1896 of 3,660. *There was no complete division of nationalities noted in the census of 1866. This is a comment made by Mr. J oserph 0. Carter; and I quote the figures from this same book, the Hawaiian Annual that the Mr. PETTIGREW. In 1897 the estimated population of the American, British, and German people do not find· estate work Hawaiian Islands had increased from 109,020 to 115,978, as will desirable, except as skilled laborers. The American farm hand be seen from the following table: · would find estate work most uninviting. Estimated population of Hawaiian. Islands July 1, 1897. The figures also prove that the sugar planters find it more profitable to import new laborers on three-years' contracts than All to engage labor already on the ground, the reason being that the Na- Chi- Japa- Portu- 0j~:_r Total tives. nese. nese. gnese. eign· newcomer works for $12.50 ~r month, while the old hand demands ers. a higher wage. ------1---11 ------The smaller percentage of Chinese laborers on estates is due to ~he f~ct that the Japanese is the cheaper man. Japanese are com­ Population as per census, Sep- mg m by every steamer from the Orient, and must continue to tember, 1896. ~ ------39,504 21,616 24,(07 15,191 8,302 109,0'20 Excess of passenger arrivals come or higher wages must prevail. over departures: The number of laborers on sugar estates in 1896 (the year of the Fourth quarter, 1896 . ••••.• _...... 1,377 1,tl73 339 8,389 2,008 396 ----.-58- 207 3,569 census) could not be procured at the Immigration Bureau, pre­ Six months, to July 1, 1897 _ sumably because the figures would make a worse showing. I TotaL ...... ------89,504 25,1101 26,476 15,249 8,8(8 115,978 subsequently procured the figures from Thrum's Annual which came out after that letter was written. · ' * Less 3, excess of departures in 1896. I have here a table showing the percentages: Over 6,000 people were added to the population of those islands in In 1878 ea_ch thousand!>f the populatio~ was composed of the following ele· 1897. Did theycomefromthe United States, hoping to be annexed? ments: Nat1v~s, ~;.Chinese, 10'2; ~menca.ns, 22; English, 15; Germans, 5, a,n.d other natwnaht1es, 21. Accordmg to the census of this year the propor­ Not at all, Mr. President. They came from Japan; they came as tiOns are as follows- slave laborers; contract laborer8. The percentage of Americans down there is less now than it was last year; and while their number This was in 1896- The n~tives hav~ decreased to 362; the Japanese, who did not appear sepa· bas not increased at all, the Asiatics have increased 6,000. I went rately m the earlier census, are now represented by 223- to these islands last summer, and on the boat on which I traveled there were 500 Japanese, 80 of whom were women and 420 men; The reason the Japanese do not appear in the census previous to and they were contract laborers. - ~878 was be~use the~. were not theTe when we made the reciproc­ · Now, let us see who toils upon -the plantations. Here is the Ity ~reao/ With Hawan ~nd agreed t~ admit her sugar free in 1876, nationality of males by the census of 1896 and the number of labor­ whiCh stimulated the mdustry wh1ch has peopled those islands ers-Qn the sugar estates in 1895 and 1896. I append a table giving with Asiatics and not with Americans- the Chinese have increa::ed to 198; thfll Portuguese another new element the figures. have 139; tbe AmericanE ha>e :.~ ; the English, 20, and the Germans 13. As~ Nationality of males, by census of 1896, and number of laborers on sugar estates result of the ~olicy of pro~e ct ing ~he forei~ planters pursued by this coun­ . in.1895. try, the American populatiOn ha:> mcreasea less rapidly than any of the oth· ~rs,and the classes that are_11ot bkelyever to purchase American goods have Males, by Males on estates. mcreased out of all proport-Ion to the others. Nationality. census. . . Now, let us see what kind. of a population this is. We propose 1895 1896 to adopt or accept along w1.th these islands its national debt of --~------~------$4,000,000. One million two hundred thousand dollars of this Hawaiians, full and part blood ...... 20,648 1,584 84 Americans.------.. ____ ------·-..• ____ ------___ _ 1,975 84 None. national debt was incurred to encourage contract labor to go to British.------...... ----·· ...... ------1,406 152 None. the islands. Let us see what is the character of these contract German.--·.----- ____ ••.... ----···-...... __ ------866 1(0 None. laborers. ~ This testimony which I shall read throws some light - Portuguese------...... 8,202 2,499 2,268 19,212 11,584 12,893 upon contract laborers: b'hY~~=~-: =~·~:: :::::: :::::·.:::: :::::::::::::::::::: 19,167 3,847 6,289 TESTIMONY OF CLAUS SPRECKELS. South Sea Islanders ...... ---··--· 321 133 115 720 97 600 Q. Suppose a '.' contrac~" la"~?orer is idling in the field, what do you do? Other nationalities ...... A .. We dock ~nm; we gtve him only one-half or three-quarters of a day; and if he keeps1t up, we resort to the law and have him arrested for refusing ·TotaL...... 72,517 20,~ 23, 649 to work. ~~is is the Republi~ we are going to annex to our country, and Why is it that there were employed 84 Americans on sugar es­ th1.s 1s a lawunderwh1ch that Republic exists! We fought one of !- tates in 1895, and that none were so employed in 1896? Why is it the ~-reatest wars of mode!n t~es to overthrow slavery. After they were discharged? Because the Japs do the work for $12.50 a haVJng done that and havmg mcurred a national debt of enor­ month, and the Americans get from 850 to 875 a month. So the mou~ propo::tions, we propose to add slavery to the great free Re- American was not wanted. The men who talk so much of their public. ThiS matter grows worse as you look into it. ~ love of country and the prospect of American laborers being im­ Q. What do you accomplish by putting him in jail? ported to Hawaii discharged their Amelican employees and filled A. For the first offense he is ordered back to work, and he has to (even­ their places with Asiatics. tua~ly ) pay t~e cost ~f ~u,rt. If h~ refuses to obey orders, he is arrested There were in 1890, mostly laborers-being Japanese, Chinese, a~am and a hght fi~!e 1s inflicted, which the planter can pay and take it out of h1s pay, or else he lS put on the road to work. For the third offense he is and Portuguese-of Portuguese 81202. I will show further that it likely to get three months imprisonment. appears that they discharged the German and British laborers as :And .that is a law of this so-called missionary Republic, and that well as the American laborers, and for the same reason· and yet will be one of the laws after our Hawaiian neighbors come into the they tell us an American community is going to grow up on those United States, because we provide that their laws shall continue islands and American labor is going there to find employment! in force_nntil we enact new laws. So we adopt slavery and all; It appears from the table that in 1895 there were 2 499 Portu­ and yet Senators are crazy to press this question in the midst of guese employed upon the sugar plantations, and in 1896, one year war, to take advantage of the patriotic sentiments of our people after, 2,268 ~ere employed upon the sugar plantations. Why? They were diScharged and their places were filled by Asiatic la­ and restore slavery to this country. These contracts P.rovide for compelling the laborer to work faithfully by borers, coming in under contract; and before I get through I will fines and damag~ smts brought by the planters against them, with the right show what that·contract is. · on the part of tne planter to deduct the damages and cost of suit out of tha 6262 CONGRESSIONAL RECORD-SENATE. JUNE 23, laborer's wages. They also provide for compelling the laborer to remain a.~~nda.nc~t the expense of the plant-ation arul his wages to go on during with the planter durin~ the eontraet term. They are santioned by law and his illness. . enforced by civil remooies and penal laws.-Blount's f'eport. . The ~~er, W!3 are. told, could not !lPProve of this reasonable proposi­ tion, and lDSlSted m bemg present, havmg bad translated the conversation Then this question is asked, and this is also a part af the teB­ , between Mr. J:?oyleand themen. Heevent~llyinsisted in havingtheeighty­ timony in Blount's report, which he took in inveBtigating this one Japanese J3.11ed and fined, and, the !!trlCtletter of the law being with him, subject: he carried hi.s point. Ewa jail is a siilall bnildfug containing two or three cells suitable to accom­ Q. Those sugar planters who are declaring themselves in favor of "an­ modate two or three persons each. '.rhe police force of Ewa is oompo ed o! nexation," how do they look at too labor question in connection with "an­ two·policemen and a daft native deputy shertlf. The manager evi] labor1 they don't want annexation. men as special constables. Q. But they are satisfied th~y will get such legislation? These requests were naturally refused, as violation of lahar contracts is a civil and not a criminal offense. The citizens' guard, whatever that may be The proposition is to a}lpoint a commission; and the same in­ was then called out, we are told, and th~ e:ighty-one Japs were forced to terest which was able to accomplish this reciprocity treaty, which 1 tramp to Ewa jail, whe-re they were locked up. How the men we·e accom­ has cost us $72,000,000, has. also been able to perpetuate and con­ modated in the cells of the jail is a mystery. They must have been packed like sardines in a box. This morning they were to be tried before the Ha­ tinue that treaty, thus plundering the-taxpayers of our country wa;iian magistrate of the plantation district. They have no attorneys, no of 810,000,000 per annum, will be- pretty nearly able to secure what interpreter, and no knowledg-e of our laws. The magistrate will pTorobly they want. order them to return to wori and to pay costs, which means that $3 will b deducted from the Sl~ which each of them receives per month. Someone has said that the sugar trust is opposed to annexation. This is only one instance in hundreds showing the slavery in Hawaii.. It So far as I am concerned I should think there need be no fear of may be of interest to Senator MoRGAN and other annexationists who desire, the opponents of annexation acting with the sugar trust, when for a consideration, to saddle th~ United States with the problems of the Hawaiian Islands to know that Ewa Plantation stock is quoted a-t 15 per the chief champions of the sugar trust in thiB body array them­ share. salve on that sfde of the question; and so long a5 they continue the fierce advocates of annexation I shall conclude that there is Mr. PETTIGREW. Now, what are the arguments which are no possible danger of my acting with the sngar trust. Here iB presented why we should annex these islands, with their peculiar / more of this evidence: and undesirable population? The arguments presented in qebate Q. ls it your impression that the calculation of allHawaiia.n~ar plant­ before were that we should annex these islands because of a won­ ers, who are in_favO? of ~· annexation," belie-ve the United States will modify derful commercial interest; that we should annex these islands their laws against "co!ltract" labor, so that they can maintain a system of because their commerce was carried in American ships and under ' cont.ract"'iabor in the Hawaiian Islands? A. I would not say contract labor. They say we -may have to give up the American flag; that we should annex these islands because "contract" labar, but we can get a.1i the-labor we want from Japan. they were on the routes of commerce of the Orient. All this has Q. How? · apparently been abandoned, and the only argument now presented A. 'rhey say we can send an a~ntithere and send money, and. he can send is "labor ' to HawaH, and when j t IS here then they can make a "contract. Y> that an American war vessel can not cross the Pacific without ~· They think in that way the planters can evade- the labor laws of the getting coal; that these islands are absolutely necessary in order Umrorl tat-as? that we may reach the fleet at M:mila. That is the argument now A. ~es; they think they-can get around it. * * * I inve~tigate Pr ·d~nt Dole said to me: "I have-a belief that th9 United States will being pressed to the front. am going to this argu­ give us a. separate law, so tha.t we ca11._get laboTers here." ment and see if it is honest. It is further urged that we can not coal in a neutral port; that That is in the testimony taken by Mr. Blount, on page 975; and the reason our ships are going by way of Hawaii is because Hawaii it will be found in Honse Exeoutive DoC1llllent No. 1, part 2, Fifty­ has not declared its neutrality and Japan has, and that therefore third Cangresg, third session. onr ships can not go to Japan to coal and then go on their way to Labor' Commissioner Fitzgerald, of California, who was down · Manila. there last year, came back and made a report showing that Amer­ It is well known that the distance from Honolulu to Manila is ican laborers could live there. Here is a part of his statement: 4,800 miles; it is well known that the distance from Puget Sound I ha.ve seen 20, barefooted laborers, half of whom work under a penal to Yokohama, Japan, is 4.200 miles; in other words, the distance contract; I have seen rewards offered for their arrest when they violated their contract and deserted the plantation, wit4 their number printed across from Hawaii across the Pacific Ocean to Manila is greater than their photograph in convict style. the distance from San FranciBco or Puget Sound t.o the port of These are the people we propose to admit to this Republic, and Yokohama, in Japan, and so the argument has to be made that the men who enacted those laws, the sons of the missionaries, who we ca.n not coal in Japan. Is there anything to sustain it? Noth­ ing under heaven. No authorities have been cited, no grounds are the government down thereto-day1 arethemen who are lauded upon thiB floor as the highest typesof American manhood, and the have been given for thiB statement, but it has been made; and Senator from Alabama [Mr. MoRGAN] says they have the best yet every Senator knows that coal only under certain circum­ government he ever saw. The Senator from Alabama fought for stances is contraband of war, and that the vessels of a be}ljgerent several years to maintain slavery in this country, and perhaps may coal in a neutral port. that has something to do with his opinion. In his opinion a gov­ I wish to repeat again that the distance from San Francisco to ernment that is in favor of human slavery is the best government Yokohama, Japan, is 300 miles shorter than the distance from on earth. Honolulu, in the Hawaiian Islands, to Manila by the shortest pos­ I wi h to have the Secretary read an editorial from the Honolulu sible route, and that, too, a route which is not usually traveled in Independent of Friday, November 19, 1897, headed "Slavery in order to make it short. The distance from Puget Sound to Yoko­ Hawaii." - hama is 600 miles shorter than the distance from Honolulu to 'fhe PRESIDING OFFICER (Mr. GALLINGER in the chair). Manila; and yet they say the Pacific is so wide that none of our Without objection, the Secretary will read as requested. vessels can carry coal enough to cross without stopping. The The Secretary read as follows: Pacific is wider from Honolulu to the coast of Asia than it is from Puget Sound to the coast of Asia. We have traveled 2,000 miles Hardly a week goes by without repen-ts of serious labor troubles reaching the Honolulu papl:l?S. The unchecked and indiscriminate influx of Asiatics to get farther away, and then declare that our ve els can not erving as penal con tract laborers has r eached a point where the sugar plant­ carry coal enough to get across the water. e1-s begin to realize tha..t there are dangerous squaJl ahead and that plant&­ I contend that we could coal in Yokohama, in Japan; that we tiow eventually will go up in flames to eatisfy the cry for vengeance of the ignoran~ coolies, who think that they are being ill used and illtreated by could have started our ships from Pnget Sound within five days their employers, and who are justified in their belief according to all fair­ if we had been carrying on war. after we told Dewev to go t~ minded men with experience of 12~tation life and methods. ManHa. But we made no move then until he had gone there and As stated, a Japanese laborer shipped bytheEwa pla.ntationclaimsthat he was assaulted by an over eer, who fractured his arm. The Jap, who has ar­ destroyed the Spanish fleet. Now it is_over fifty days, and we have rived recently and does not understand Engli<>h, wo.s ad vised by his more offered no relief. We have started it by the longest route. A ship experienced countrymen to call npon the district judge and appeal to the can sail from Puget Sound to Manila and save a thousand miles strong hand of the Hawa.ii..'l>nlnw. The poor devil wa , of cour e, prohibited as compared with going from San Francisco by way of Honolulu from leavinf? the plantation by his white ''bosses." Then he got angry, and, after a palaver Wlth his' gang," all decided t.o quit work and go to Honolulu to Manila. A ship can, therefore, save four days' time~ A ship to see the representative of their Government. Eighty Japanese set out for can go from Puget Sound to Manila in twenty-one days, and it is Honolulu, but were stopped at Pearl Citybyemployeesofthepla.ntation, who fifty days since Dewey's battle, and during all these dreary fifty started to reason with the men. In the meantime the agents of the Ewa. Sugar Company, Messrs. Castle & Cooke, had been apprised of the trouble, days there has been no fighting anywhere except by the insurgents and at their request Mr. Chester Doyle, the official court inter~reter of the on the Philippine Is1nnds. Japan e language, proceeded to Ewa to investigate and, if possible, prevent If we had had an active Administration, the moment Dewey :fnrth~r disturbances. Mr. Doyle has had great experience in dealing-with Japanese laborers" on was sent to Manila we would have started our fleet from Puget strike," and at Pearl City he cAlled the men together and explained to them Sound and sent him a sistance and relief. Instead of that, we th.Jlt they were com:xnitting an unlawful act by leaving work to follow their must wait, day by day, fifty days, till foreign governments have injured comrade, and that they ought to return to the plantation at once, while the man who claimed to have been assaulted could proceed to the hadtointerferetoprotect their own people, tills country having pro­ prope-r authorities with his three witnesses and -there enter his complaint. duced a condition of anarchy and disorder there which made their After considerable talk the men adopted Mr. Doyle's proposition and re· lives unsafe. So we dragged in European complications. If we turned to Ewa. Tlwre a. conference was held, and it was suggested~and agreed upon by the Japanese-that all would return to work, but that their had sJ;arted our ships by the way of Yokohama from Puget Sound, wages should. not be docked and that the injured man should have medical they would have sailed a thousand miles less than the ships will 1£98. 'CONGRESSlONAlli "'"""ffiEOORD-·SENltfrE.- sail which we have .finally sent,--and --we could. have coaled at .Yo- o! merchant vessel of the ()t.he~~~erent had sail~. until..aftel'·theexpiFa· I • . "1 . U... : -bon;ef , t.wenty.-fournours.from 1t.S o~parture. .rBelhgerent·vesselswere not kohama and m J.apan and reached Mam a. a mon~ru: ago. to use-the ports of the .Unite.d State:rexceptui.n case of . ecessity;,and th~y l\1r MANTLE. If it will n<>t interrupt the Senator from South were to lea. ve port twenty-four Jioms ..after- provisions had ·been secured--or .])ako'ta :I shouTd like to ask J;Um -.a question. I have -hear.d him the.nece?Sary repairs effected. No-sulWlies othel"' than those rnecessary. for '· th f th" ~ b te d I h ~1~ h d it the-subsistence-ofthe-personson.board:Weretobetaken,.and.only·suffiClent a3ay d unng &.progress o l~ ~e a , an ave · ~O ear coal to take the-ve.ssel to tho_nea.rest Enropeanport ?f her own:countrr~ stated by other Senators, that It lS much nearer- to-reach Jspa~ or until her return to such port nQ coal was to be supplied oftener than:once.1n China or the ·Philippine Islan-ds b'y what is ca¥-e~ ~he Aleutian three mo.ntlls: . _ . . route-that is up north~ north of Ho!lolulu-than 1tis by w~y of That has beco~e ~he established la'Y of --natwns. -England has Honolulu. I wish to.ask Senators if, as a .matter of fact, com- already.:adopted1t. A .vessel of a. belligerent .may enter the p.ort merce do~s not take the·Honolnlu route to those countries. 1 ask of a _neut-cal for. the pnrpose of :getti~ coal and. provisions -while for information. . on it-s w~y to 'another .Point; .and ·it may get coal enough--so-that Mr. PETTIGREW. It is a ma;tter of fact that commerce does it~yretnrn toit&.nearest home~port. ·Grant declared that Ger­ not ·take the Honolulu route, but, on the contrary,- evel,'y vessel _man or !French v-essels. could visit our coast, remaining ~ twenty­ Jea-ving San Francisco for J~pan, unless it has -special business . four hours, not 'leaving within twenty-four hours after another in Hawaii which makes it _pay, goes stra~ght acrass the:Pacific. belligerent.ship had left; that they might take coal enough to..: re­ .Jt,saves three days' time. W.hen I returned from· the Onent last ·turn -to their-nearest home ·J>ort,_:and· that they could not return .summer I wisherl to.remain in Japan nine d~ys longer, but if .I until they had.been to a home;port or-else had been absent -three had waited nine days longer the.next ship belonging to the-same months. In other-words, they could sail at once to-the coast of line the Occidental and-Oriental, would not go to :Honolulu at the Atlantic,.go-to.a-port in France, and come back again ancLget all. '.It would came straight across the Pacific and save .thl·ee -days -.coal unce-more. 'Let us see what· England· has uone on-the same ~nd save the coal and save the expense. Every .ship that they subject. ...-This is what-she has done: ·send goes that way unless it has business at ·Honolulu· suflicient In order to guard against a. repetition of such acts the .:British .authorities to .make it profitable to sail 900 miles farther -and three days direc~d that in· ~he future durmg the-w~r .any vessel of either belli~reJ?.t entermg an EngliEh port should' "beTeqml'ed to depart :md put to sea Withm 1ong~r. . •_ . . . . twentyAour hours after her entrance into auch port, except in case of stress Mr. MANTLE. -I havaheard.1t said,~nd 1 ·ha;v:eread tt, that ofweatheroroLher requiring provisions er things necessary for the.- sub­ there are certain 'CUXl'ents in the. Pacific Oooa:n .running ~ear to ~ten~ of her-crew or rep.airs." 'In stlch C!lSe the local auth!Jrit~es were to Honolulu and in that direction which more· than compensate be- re.qmre her to put to sea as so~ as l>~Ib!e after the ex:pU?atlOn of. such . . . . · '1-.~t per10d of twenty-four hours." This-rule IS vutually the same as that mcor- ·cause of the aid they.g1ve vessels m .helpmg to c~rry them m .tJ.UJo porated in the proclamation._ or President Grant in 1870. -~·ection, for the longer dist~ce by-wa_Y of that.~sland. 1 should .I think it can. be~ fair}y stated.·that that: is the.settledlaw. like the Senator to-say som~tliing upon. that subJect. . The Geneva award, and that was cited by the -Senator ~ from Mr. P.E~TIGREW .. I Wlll say-that if the Senator should go to · New_Hamps.hire the .other day, was mad~ under certain rnles San Francisco and desire. to:gQ ~Japan, the:sa~e-steamboat c~r;:- .which were laid-down~ and .among thosa.rn.les it is provided .that .pa~y would ..-agree to .tak~ hun m1ifteen days if .he went. stralg ~ the port of a 'D.eutral can not b&nsed as_a ~_a.s.e. . No one.prete:qrls .a?ross and ~eighteen days 1f he went QY Honolu~. That 18 ~ sufi?. that .it can. Bnt there iS: .no doubt-that om ships cross.i.I}g the.Pa­ Clent answer to the talk about currents. '.pl~r ~hedule ~e 18 cific.oan stop, at .a· neutral port to-seeure coal -with which:to_go on .thr'6e days Sh?fter, ·I do not .care· wheth-er tt. LS _. gomg ~n: comy:g. their way, -and th-ere is·nu possible question r but that they ean se­ It makes .no d1fferenee. There.are cunents m the Pacific._ .T ey, cure coal enough to Jeach the nearest home port. rnn from half a ~mot to a knot-an hour. II'hose cmrents-are all . Speaking of coal - as . contraband : of.war~ussia and.Fr:ancehave throng?- the Eacific._ . a . a !efused to r-ecognize it ~S : COJ?.traband, because th-ey·hav-e little ~f But if a ~oute has. the benefit of. the c~nt o 0m~ one.way ~yon It. .England h-as recoglllMd 1t:as contraband of war under.certain have the disadvantage of the-~~rrent .gOlng the other' and the conditions, because she has it .all over the world and wilL.have the .current that flows bythe;Ha.-vy-anan.Islands flows west:. The cur- -advantage of ~ an · :enemy if-she ean -establish that doctrine. We rent that fi~:>ws ~y the Aleutian Islands .!lows ~t. And there- have recognize.r .not. That is .true of: coal and the:-route·from Vancouver, say, by the Aleutl.an.Islan~_? many classes of pro-visions. ·u a ship has-taken out a bill of lading ~L PETTIGREW. -Both of ~he. - Senators.h~ve.antlclpate.d.:my to.a nav:al.sta-tion •pure_and .simple, the-supposition ·is·that·the ~abate. . I will :each :that qu~sti~n .and argue It ~Y· l : sho~ld freight is -contraband of-war; but sh-e:.may· have .the· same freight ~ike -to d1spose, 1t the Senator IS willingI of the _question of c"'alirrg for another port in .abelligerent-coun try and yetnot be eontraharid m ,a neutral harbor. . of war. ·1t is governed by the circumstances. M~. CAFFERY· · Certamly· . ·It follows, then. that the United States at present hold defined .and limited 1\ft. PETTIGREW. I have here International Law by Snow, agreemen.ts as to con.traban.d with Bolivia, Colombia, Santo Domingo Ecua­ and .I have .heard some of the best international lawyers I know J:lor, Franc~, Guatemala, Haiti, the.Netherlands, Italy, Mexico, Prrulsk, Sal­ say he is one of the most competent authorities on the-subject; -vador, S~am,.Sweden.and Norway, and Venezuela. . that he is a writer of great ability and a close student. He says: And ~ eve~ treaty we say-what shall be contraband of war, Nor is it necessary that the ports should be habitually-used. .Melbourne and coal IS not mcluded. formed a. sufficiently good .base to the Confederate croiser Stuma:ndoah dur- With other~ nations than those named .abo~e the United Sta..tes has no ing our civil wal' to enable her after a single stay to carry.on a campaign in agreement as to contraband goods, and the prize courts would deter.mine the North Pacific Ocean against our mercantile and wh.a.ling vessels without according to public law the character of merchandise shipped-to enemy's being obliged tore ort to .any othei:port. ports. neutral hence has the right to.impose such restrictions upon belligerent w·,_ to . hi n· t flnte . al La . h . d --vessels which come within its jurisdiction as may be deemed necessary for · u.ar ill, m S 1ges O rnation w, In t ethrr vohrme, ·the enforcement of its neutrality, arui so long a-s these restrictions are i:m- speaking of coal, says: ~rtially .carried out there is no~ou?d for cam-plaint. .- Thisl_right is. exer- It is a Jlroduct of nature with which some regions are bountifuHy supplied

ciE_OO at times to the ~tent of forbiddmg all armed ermsers, Withor ~h~>nt 1 -while others .are destitute of it, and its transportatiClO instead of meeting ,pl'lZe.s,_to enter certain ~~utral ports and waters for the purpose of obtaliDDg :with_ i:mpediments,-should be aided and encouraged. _The attempt to enable prOVlSIOns, coal, or repaus. belligerent nations to prevent all trade in this most valuable_accessory to Then he goes on to show that tba t is not,. however, the rule rec- me~nica.l power has n? just - cl~ fe: s-:1pportin th~ law of-nations; and- the · d b th t t" f th ld Umted States avow their .determmatwn to oppose 1t so far as the:tr -vessels ogmze y e grea na Ions o e wor : are concerned. T~e restrictions and prohibitions imposed by neutrals. ~n the-vessels of This was Mr. Cass Secretary .of-State in -a letter to Mr~ ·Mason belligerents as to the neutral ports are--never extended-so far as·to deny the ~~ted J .27 18 9 ' H · th' h d d - h' hospitalityofthoseportsincaseofimmi:!diatedan~erofwant,snchasstress ..lli:ll. llil~ , ~ • : owever, ~ce .en we. ave .3.! op~e -t e -of weather, want of provisions, etc. Asylum to this extent is. required by the pohcy whlCh"I think.lS clearly outlined 1ll President Grants pr.oc- ordinary laws of humani.ty. . . lamation.of.1870, in· relation to the F.r.a.nco-Prussian war. By the first proclamation of.PreSldent Grant, IssuedAugust2{),1870, at the Again Wharton sayg· outbreak of the Franco-Prusmn.war, among the acts forbidden were those · - · of increasing or augmenting the force, armament, or wa1~like equipment of It is certainly .no breach of neutrality to sell coal for use on a belligerent any belligerent vessel of war within the territory of the United States; .also steamer visiting the port of sa.le casually .under stress of weather. But it the. beginning?~' sett~g on foot or. providin.g or pre'{>a.ring means for any would plainly be a breach ~f neutrali~yto establish a coaling depot to supply military expedition agmnst t~e terr1tor~ of e1ther belligerent. . all steamel's of any particular belligerent.-Whartru-~'s Cammentmies on The movements of. the belligerent·cruJ..Sers on our coast and m.our wa.ters .American...Law,~section.226 . .being such as to call for more explicit and stringent rules, President Grant, Again. on the 8th of October, 1870, issued a second proclamation, by which the bel- • ligerent ships w..ere not ~~tted to fr~nent th~ wa.ters<>f the Unite?-Btates The--question how far ~t ~a. breach of~eutrality to supplf coal to a 11811i,g- ·for the purpose-of preparmg-for .hostile operations; they were for.b1dden to erent has been already mCidentally cons1dered (supra. . section 869). It- may leave the waters of the United States, from which a vessel of war, privateer, .be .herastated,.in.connection with the present ~ead, that 1t::is not:.a.llre,ach 6264 CONGRESSIONAL RECORD-SENATE. JUNE 23; of neutrality for a neutral state to permit the coaling of belligerent steamers hama, Japan, 4,500 miles. The distance from San Frandsco to in its portS to the same extent as itpermitsthecoa.lingof other foreign steam­ ers resorting to its ports casually and without settled stations established Yokohama is less by several hundred miles than the distance from for them. Nor is it a breach of neutrality for a neutral state to permit the Honolulu to Manila. If a vessel cou1d not carry coal enough to sale of coal to any extent to a belli~erent. It would, however, be a breach go across from San Francisco to Yokohama, then it could not carry of neutrality for a neutral to perlD.lt a permanent depot or magazine to be opened on its shores, on which a particular belligerent could depend for coal enough to go from Honolulu to Manila. Therefore the claim constant supplies. that they bad to send their boats there to coal falls to the ground To require a neutral to shut np its ports so as to exclude from coaling all and its dishonesty is obvious' to everyone. If a vessel wanted t~ belligerents would expose a nation with ports as numerous as those of the United States to an expense as great as would be imposed by actual belliger· reach Hongkong; then it could save 909 miles if it went straight to ency. It is on the belligerent, who goes to war, not on the neutral, who de­ Hongkong rather than by way of Honolulu. · sires to keep out of it, that should be thrown expens~s so enormous; and If it wanted to reach Yokohama, it could save 900 miles if it constitutional strains so severe as those thus required. On the other hand, the brealdng up of central depots or magazines for the constant supply of went direct to Yokohama, rather than going by way of Honolulu. particular belligerents would be within easy range of ordinary national .It would come within sight of the Aleutian Islands, islands which police. Nor can there be any charge of partiality made in allowmg coaling we already own. If we must have a coaling station in the Pacific with the limitation above stated, when the same privilege is granted to both we already have it if we will only use it. The Island of belligerents. . Kiaka~ Therefore, if Hawaii had declared herself a neutral. and allowed ~ere is a map of it-is owned by the United States. It is 25 miles our ships and Spanish ships, if they came, to coal,· there would m leng.th. It has one o! t~e grandest bays in any ocean-a bay have been no breach of neutrality. But it has been argued on that Will hold all the ships m our Navy. Here are the soundincrs this floor that it is a matter of great consideration and to be of this bay an~ i~ size: It is 30 feet deep up within a hundr~d pointed to with pride that Hawaii has not declared herself a neu­ feet of shore; It IS 60 to 100 feet all the way out. It is absolutely tral. Let us see. Was it because she wanted to furnish us coal? landlocked. There are no islands and no shoals on this side of that is~and out t~ the open Pacific. It can be entered, no matter Not at all. She had no such idea. She cared nothing about it. h.ow hard the wmd blows, no matter what the storm is. at any But the Q;overn~e?t in Hawaii, the revolutionary government, t1me of the year. That island is located at this point on the map the usurpmg miSswnary government, was set up in 1893 by the ~~~] . - . landing of the marines of the United States, by the overturning . of the monarc.hy of Queen Liliuokalani, by the guns and arms of Kiska is 2,628 miles from San Francisco. It is 3 700 miles from the United States, under the American flag; and from that day to Manila. Honolulu is 4,800 miles from Manila. 'our own land this there never bas been a minute that a war ship of the United our own port, our own harbor, is 3,700 miles from Manila. Why States has not been in the harbor with shotted guns bearing di­ do we not occupy this port of our own to command the coast of rectly upon the Government buildings and the Government offices, A~ia? It is only 1,964 miles froDJ. Yokohama. It is only 3·400 and within half a mile. · m1les from Hongkong. We own it; it is ours· it commands 'the If Hawaii had declared herself a neutral, our ship of war, which coast of Asia. If we want a port to command the coast of Asia supports and snstains and ma'kes possible this usurping Govern­ or to protect Alaska, why do we not occupy our own port? I ment, would have to leave the port, and they did not dare to have s~ould like to have the advocates of annexation answer that ques­ tion. Why do we not use our own port instead of goin 0' 1 000 it leave; and so they did not declare themselves neutral. That is 0 miles out of the way to use somebody's else? ' all there is to it. It is a matter of self-preservation. They had ~rom Vancouver, from Port Townsend, from Puget Sound to keep our ship of war there, or else their ship of state would which we also own, the distance is 300 miles sh01·ter than fro~ have gone down. · San Francisco. A vessel can go from Vancouver to Yokohama Yet it is said that great credit is due to them. Senators parade by sailing 4,202 it here as a matter of sublime credit to those fellows who have mileB, and from Yokohama to Manila by sailincr 1!752 miles, making.~,OOO miles; .while to go by way of San Fra;. established a Government not sustained by the people of Hawaii, ciSco and the Hawa11an Islands It must sail7 000 miles. a revolutionary Government, set up by the Government of the Kiska, this harbor, unsurpassed in the w~rld is within 3 700 United St.ates, a Government that does not exist by the consent m~les of Manila. A vessel leaving this harbor 'for Manna ~an of the governed, a Government that would be overturned (if sail much faster than a vessel that has to sail 5,000 miles. As we those people had a vote) by a. vote of 9 to 1; and that Govern­ ment, in order to preserve itself, could not declare neutrality in all understand, there is great economy in the use of coal by sail­ war ing slow. I.f a vessel h~ to go 5,000 miles she must go very slow this and have our ships leave the harbor for fe;u· the out­ and economize coal, but If she has to go 3,700 miles she can make raged and indignant inhabitants of that country would overturn much greater speed. She can make more miles in a day if she their despotism. has a shorter distance to sail than if she has a long distance to Wharton goes on further to say-quoting from Wharton's Crimi- sail. nal Law: . So where is there sense or reason in this argument that we must But the mere occasional supply of coal to a belligerent cruiser. not from a. constant coaling ba-se, or in such quantities as to greatly enhance the cruiser's have a coaling station? What is there that justifies taking this capacity for destruction, is not of itself a breach of neutrality. measure up in time of war and dividing our people over a collat­ I have been unable to find any authority to the contrary. eral contest? Why do we not finish the war? We are all united Wharton then cites President Grant's proclamation on this sub­ upon that question. Why do we not finish the war instead ·of ject, extracts from which I have read, which seems to have be­ bringing in this question that divides us? When we have fou(J'ht come the settled law upon the question. Of course that law is the ~ar out, let us fight out this great question of acquisitiotf of known to the Navy Department and known to this Government, e~p;re. ~t s~ems to me t~at ~ha~ is the ~atriotic duty of the Ad­ and therefore when they started their ships for Manila, why did mimstratlon mstead of brmgmg m questiOns of this sort that are they not start them over the shortest route? Four days longer unnecessary and tryin~ to crowd them on our people when we are they must travel and sail if they go by Hawaii than if they went engage

Now, let us see what the conditions are concerning the climate. Mr. PETTIGREW. The note referred to is as follows: I asked the Weather Bureau with regard to the harbor of Una­ UNITED STATES DEPARTMENT OF AGRICULTURE, laska, which is east of Kiska and on the same line, right on the WEATHER BUREAU, route to the Orient. This is their reply: , . Washington, D. C., June 9, 1898. DEAR SIR: I be~ to acknowledge the receipt of _your letter of evtm date UNITED STATES DEPARTMEJ."'{T OF AGRICULTURE, in regard to the climate of certain of the Aleutian Islands. WEATHER BUREAU, I have pleasure in tl·ansmitting herewith a copy of the daily extremes of Washi11gton, D. C., June 10,1898. temperature at Kiska Island for November and December, 1885 January and In February, 1&.'16, the only time during which observations were 'made at this DEAR SIR: reply to your letter of the 9th instant. I beg to inclose here­ place. I also inclose a tabular statement of the lowest temperatures ever with a manuscript copy of the monthly mean temperatures for each year recorded at Unalaska during a period of seven years. At the latter point during which observations were made, at St. Paul Island, Bering !:;ea., and the lowest temperature ever recorded was 9° above zero. Westward the Unalaska. weather is not quite so cold. Unalaska is 2° north of Kiska, and the Pribilof Islands :::re 4o · Just as I said, Unalaska is 450 miles east of Kiska. Kiska is in farther north. the Japan current, which flows up between Kiska and the penin­ Our reports indicate that the harbor of Unalaska is, on rare occasions, sula of Kamchatka into Bering Sea and through Bering Strait ~overed by floating ice, which in an unusually cold season may freeze over into the Arctic Ocean. · - and become a permanent sheet. Ordinarily, however, the harbor would We have li~le qata as regards the freedom of the harbor from ice. At seem to be free from ice. Unala.skarmovrng 1ce obstrnct~d theharborduringa short period in the win­ Very respectfully, WILLIS L. MOORE, Chief of Bureau. ter of 1872. We should say that interruptions to navigation due to ice at Kiska, to the westward, are not serious. Hon. R. F. PETTIGREW, United States Senste, W aBhington, D. C. It is very serious that there was a little ice once, in 1872·, at Una­ The fact of the matter is that I talked on this subject with the laska. That condemns that as a harbor, I suppose. No ice sinGe according to this statement, for our ships visit Unalaska Barbo; Senator f-rom California [Mr. PERKI~B]. He says that there never has been ice known in the harbor but once, and his ships have every month in the year. The mean winter temperature at Atka Island, longitude 185° 45' W. from gone there for the Jast quarter of a century. That oncewas suffi­ Greenwich, is 33°. The sea temperature is, of course, a few degrees higher. cient. I have seen New York Harbor full of ice, when it was not Very respectfully, unnavigable or unusable. But the harbor of Kiska, which is 2° WILLIS L. MOORE, farther south than Unalaska, is in the Japan current, and from Chief of Bu1·eau. Mr. HUGH A. DINSMORE, all the information I can secure there is never any ice within it. United States House of Representatit:es, Washington, D. C. Now, let us see about Unalaska. The Pribilof Islands are di­ rectly north of Unalaska. Here is their temperature during the Then here are the tables of the temperatures at Kiska, given each winter, and we can judge for ourselves whether there is ice or not: day from January, 1886. On the 1st day of January, 1886, the maximum tempPratnre TREASURY DEPA"RT::\IENT, was 37o, the minimum 31 o above zero; on the 2d, the maximum OFFICE OF THE CoAST AND GEODETIC SURVEY, Washington, D. C., June 10, 18D8 . was 37°, the minimum 30°; on the 6th, the maximum was 36° and SIR: In reply to your letter of June 9, I beg leave to forward the following: the minimum 29° above zero; on the 11th of January the n'I.axi­ Temperature (Fah1·enheit) at St. Paul, H'ibilof Islands. mum was 37° and the minimum 23°; on the 12th the maximum ~as 36° and the minimll!ll20°, I am giying the last stages, when 18'73, 187 (, 1875, It was the coldest, selecting those, but will publish all the tables as Date. mean. mean. mean. a part of my remarks. · On the 21st of January the maximum was 36°. the minimum 29° · on the 27th the maximum was 37°, and the minimum 32°; on th~ 15.7 W.P 3!.9 18.6 33.5 35.3 31st the maximum was 39°, and the minimum 35°; on the 1st dav t~~i~~~::::::.::::::::::::::::::::::::::::::::::::~:~~== 12.6 33 29 of February, 1886, the maximum was 38° aboye zero and the Z3.9 34.5 28.9 ~inirnum 33°, only a difference of 5o night and day, and no freez­ 30.5 39 3!.2 mg, of. c~urse; and o~ February 2~, ~he last day of observation, rE~:::::: :::::::::::: :::-~::: ::::::::::::::::::::: :::~=== 37.5 44.4 42 43 49.1 47 the max1mum was 36 , and the m1mmum 27°. In 1883 it runs 46.5 50.8 47.!J just about the same. It never freezes. 'fherefore there is never tl~~~~~::::: :::::::::::::::::: :::::::::::: :::=~= :::::: 43 47.3 46 ice, and the consequence is that here is one of the best harbors October .....•...•...•.... -·····------····-···-······-···· 37.8 40.2 41.7 November···--···-·····--···- .... ·--····_ ...... 32.4 37.8 3!.9 in. the world, fr~e from ice, and we own it, and it is only 3,700 December ...... ·-········ .....• ·-····--···-···-···· 29.9 33.3 26.2 miles from Mamla; but Honolulu, that we are making such a fuss about, is 4,800 miles from Manila. Why do we not go up In 1873the minimum temperature observed was -12°. to our own harbor, the shortest way, and save the time and rescue It was never either hot or cold. It never reached the freezing our sailors in the Bay of Manila sooner than we can do it by this point during the whole year. The lowest point the mercury tropical foreign missionary port? I should like to have the friends reached in 1875 was in December, when it was above zero. In of annexation answer that. I will publish all these other tables regard to the harbor of Unalaska, which Mr. Melville says in his with regard to temperature, without stopping to read them. statement is full of ice, I ha'\'e the observations given here: The tables referred to are as follows: Temperatw·e (Fahrenheit) at fliuliuk Hm·bar, Unalaska l3land. Daily ma~:imum and minimum temperatures at Kiska, Alaska. 1871-72, 1871-72, Jan., 1886. Feb., 1886. Nov., 1885. Dec., 1885. Date. mean. Date. mean. Day. Maxi- Mini- Maxi- Mini- Maxi- Mini- 1\Ia::ri- Mini- mum. mum. mum. mum. mum. mum. mum. mum. ------29 July ...... ·-·-···· ...... 1- i-~b~~~~:::::::::::::::: :::::: 29.2 August.-...... ______! ...... 37 31 38 33 40 37 41. 82 March------····-·--·--·- 33.4 Reptember ·-----...... 49.3 2 ...... 37 so 37 33 38 32 37 31 40.7 October ...... ·-····--.... 42.5 3 ...... 37 32 36 so 38 28 36 00 40.6 November _____ ...... -...... 38 4. .... ______, ... 36 31 37 28 43 32 39 00 ~t::::::::::::::::::::::::::: 47.2 December ...... -...... 33.5 5 ...... 35 32 32 20 « 34 39 29 6 ------~------· 36 29 3! 22 47 38 38 29 7------86 26 34 22 ~ 4-0 35 21 The minimum observed in 1872 was 13° Fahrenheit. 8------35 17 33 15 « 36 35 24: Continued northers may fill the harbor with fragments of driU ice, but 9------36 23 33 2{) 4{) 34 38 23 this is of rare occurrence. The small harbor is sometimes covered with skim 10ll ______------· 37 26 35 28 42 33 39 29 ice. Further data may perhaps be obtained from the Chief of the Weather . 37 23 41 32 43 3! 34 24: Bureau. 12 ...... 36 20 37 28 45 35 35 20 Respectfully, yours, ' HENRY S. PRITCHETT, 13 ------·- 38 30 31 26 ~ 36 36 23 Supe1·intendent. 14 __ .. ______36 25 32 26 40 30 85 Z1 Hon.R.F.PETnGREW, 15 __ _...... 36 32 33 21 38 28 33 22 United States Senate, Washington, D. C. 16------36 25 31 23 38 30 36 24: 17 __ ., ______... 37 24 32 23 36 25 38 30 Mr. WHITE. ~Ir. President-- 18 ------...... 40 34 35 28 43 Z1 42 so The PRESIDING OFFICER (Mr. FAULKNER in thE\ chair). 19 ... ·-··· ·-·--- 39 32 36 28 45 36 41. 33 Does the Senator from South Dakota yield to the Senator from 20 ...... _____ 41. 32 36 28 38 29 37 Z1 21 ...... ______36 29 38 23 43 33 30 25 California? 26 39 28 34 18 22----··········23 __ .... ______39 32 36 Mr. PETTIGREW. I vield to the Senator. 39 31 34: 20 4:2 33 35 31 Mr. WHITE. My attention is directed to a tabular statement 24: ·------38 31 38 28 38 28 36 31 (() 28 S3 21 34 26 contained on page 6607 of the CONGRESSIONAL RECORD and also 25 ...... 32 « 26 ...... ----·--- 39 32 36 23 07 25 36 26 to a note written to Hon. HuGH A. DINSMORE, of th~ House of 27 ----········-· 37 32 4:2 20 35 25 36 ao Representatives, on the previous page, which contains a statement 28 ...... 37 32 36 27 34 28 37 so as to the temperature at Kiska. I suggest in this connection that 29 ------...... 39 33 ---· -·------34 Z1 40 30 30 ·------39 34 ------39 18 39 32 the Senator from South Dakota might put in the letter and also 31 _.. ______S9 85 ------...... --·------36 31 the tabular statement. It would be interesting to read them.

' 266

·Min.imum ttmperature- pf Unalaska, .Alaika. C'LDI.A:H . OF .ALASKA. [By A • .J. Henry, Chief ofnivisioxrof Records and Meteorological Data.] The statistics of temperatu-re of central and interior.Alaska. given below aTe of especialinteTest-at-the-presenttime. The climate otthe coast is com­ paratively well known chiefly through the•compilation of Dr:William-H. ~i~~£J~~l8~~ Dall. "P-ublished in the Pacific Coast Pilot, Alaska, Appendix I, Meteorology ------...f--t-+--1·- ---1----- and Bibliography. Waahinston,-1879. Th~ chain of coast stat10ns in Alaska maintained by the Signal Service :1B72 •• ··---~···--·-······-··- ••••••• 1 •••••••••••• m 42 ______•••• ---· (now Weather Bureau) :was extended. up the Yu.kGn in the fall of 1882, and a '1878 -•••••••~••A•••••-•••••- •••• •••• •••• •••• ••- ••-• •-•• -·• 36 26 21 19 ·fewfragmentmoy series of·meteorological observations were maintained at "1879 --·-···------····-·:•• 20 7 15 21 ·-·· --· ··-· ---- ,if[ 24: 24 23 the trading posts of the..Alas.ka Commel:Oial Company during the closed sea­ '1880 ·····~---·---···· ····--·· 19 ..27 .24: 25 29 ···- .••. ·-·------·--- ·--· son. As soon as the ice went out of the river observations were discontin­ :1881·-·-·····-----·--········· ·-·· -··- -·-· -··· -- ·· 37 .37 43 43 36 28 18 ued, not to be resumed until the end of the open sea on, about the middle of 1882 ·-···--····-·········--··· 25 14 20 21 2! 36 -40 :36 if[ 26 .23 l2 September. The observing stations, with their geographical coordinates, 1883. ···-·---········-··--·-· 19 12 5 18 31 3! 40 38 33 30 19 14: are given below. The-names of the -stations are.tho e now in use, \vith the :..1884: ······-··-·-···-·····-···· 16 :u 16 15 31 36 --41 -41 36 26 23 18 following exceptions: Nu.kluka.yet is given on the most recent Coast Survey .• 1885 ---····------·-····- 2-1: 9 .13 ro 31 .34 -4D 40 34: 30 23 23 map of Alaska as "Tu.klukyet." .1886 ----·-····------····· 18 9 14: 26 32 ···- •••• ·-·· --·- ·-·· ---- ··-· I Thepostisbutafew.miles below the junction of the"Yukon and Tanana rivers; ind~ it is not CeTtain but :that observations were made at the mouth of the Tananaior a portion of the time. Tchatow.klin was known in 0 1883 as Johnny's Village or Klat-ol-Klin (Schwat.ka). The Coast Survey map .Mean ·temperature of .Attu Island, .Alaska; latitude, 5! 58' north; l011gitude, gives-the name as ''Belle Isle.'' Camp Colonna, the station on the Porcupine n7° 34' west. River at its intersection with the one hundred and forty·_first meridian, was occupied by the boundary survey party sent out by the united States Coast Degr-ees. and Geodetic Survey, under the leadership of Mr. . J. H. T-urneT. Camp Davidson is the station at the inteTsection of the one hundre.d and forty-first meridian and the Yu.kon. It was occupied by a Coast Survey party under - 1~~~~¥~~=~=~:::::::::::~::::::::::::::::::::::::::::::::::::::~: ~:~ the charge of Mr. J. E. McGrath. lfonthly and annual m-ean·temperature (in. degrees Fahrenheit). MEAN TEMPERATURE.

G) ,.; ,.; . CD ,.; Length ofo record. G) rc ~ 0 ~ ~ .8 rc 1::! .,.. \11 .p ~ .$ 116 r:s .. cd .r:s Ill ~ a .,s::; Station. ..cd .CD 'Q, .g -CD a ..ai .. -I> 1::!'"' ::: G) ~ g, .CI) .... ~ ... ~ I> ~ ~ CD ~ .a Po 0 .From- To- . d ~ cd 0 '"'CD ·:a d § ::s ...0 0 CD 0 d '"' ~ CD '"'~ H ~ - ~ ~ ~ - ~ ~ )1 ~ ~ ~ 00 0 z -A {>1 - ~ .------1 Coast. " I 0 I Feet. -Fort WrangelL •• -- 5600 1~ 28 25-35 26.2 '00. 8 31.6 42.7 49.3 55.3 58.2 57.5 52.3 .t5.9 33.5 ~.8 •(3 ·May, 1868 Aug.,l882 4 18 57 03 13119 63 31.4: ~.9 35.6 -40.8 ~7 52.4: 55.4: 55.9 51.5 44.9 38.1 33.3 43.3 Jan., 1828 Dec., 1876 .Sitka*···-···--··-- ___ ...... 45 2 Sit.kat -····· ···------·---· ------34.3 33 37.2 -il.9 46.9 51.6 54:.4 56.6 52.3 .45.7 00.8 36 44.5 A-pr., 1 1 Sept., 1 7 5 18 ..Killisnoo.+ ---·-· -·- 57 22 134: 29 26.7 26.9 33.3 35.5 -44.9 50.3 5i.8 53.6 4a.5 il.2 ~:7 30.6 39.8 May, 1 1 Dec., 1896 ·u 25 Juneau •..• ··--··--- 58 19 134: '28 27.5 2-!.7 33.5 40.1 47.7 53.6 56.6 55 49.9 4L9 31:2 29.3 40.1.1 May, 1883 ....do ..... 2 28 - :Kadia.k ____ -·····-- 57 !8 15219 30 28.2 ~.6 36.3 {3.2 49.5 M.7 55.2 50 !2.3 34:.7 30.5 40.6 Jan., 1869 Aug.,l896 8 5! Unalaska*----····- 5353 166 32 '""'iif 30 31.9 30-4 35.6 -40.9 46.3 50.6 51.9 45.5 37.6 33.6 30.1 38.7 Oet., 1827 Apr., 1868 6 20 Unalaska t ...... 5354: 166 24: 13 33.5 30.5 32.6 35.2 -40 ..4: 45.9 49.6 50.3 46 -A0.4 31.6 32.8 39.3 'June,1872 May, 1886 2 33 St-:Michaels ••.••.•• 63 .28 161 48 00 7.4: -2.3 8.9 :19.9 33.1 46.3 53.6 51.9 43.9 30.5 15.6 .4.8 20.1 July, 1874 ..June, 1886 .11 J2 -ll.8 -1.2 21.4: 32.8 38.1 37.9 4.4 Point Barrow ••..•. 7122 156 16 ... --- ·-- r--17.5 -18.6 27.8 -6 -15.4 7.7 Sept.,1852 Aug., 1883 3 10 Ente1-ior. Anvik ..•..•••.•••... 6237 160 08 .. ------1.8 1.3 15.5 25.4 42 ----·------43 25.1 10 -2.1 ·Oct., 1582 Mar., 1891 31 Nuklukayet .•••.... 65 10 15245 -11.1 -9 6.7 22.2 43.7 ---·-- M.4 -43.-4: 25.9 -4.6 -19.9 Aug.,l882 1\fay, 1886 .27 -11.6 0.6 il.3 ------Fort Yu.kOIL •••••••• 66 m .14.'>:18 412 -29.5 ··:n------·--· ------·42:7" ·-·2:[; ---·-· Jan., 1 61 May, 1861 ...... 4: Tohatow.klin • ···-· 6530 H2 38 ... ------r--15.8 -11.3 u.s ..45.1 ...... ------'5!:2' '"i9:7· r:-:15""' Oct., 1882 1day 1886 .26 Fort Relianee. -····- 64: 10 100 :25 ------...... 28.7 -19.7 10.5 28.7 43.9 43.-9 27.3 -7 -22.4 Se-pt., 1882 .....do .... .16 Cam:p Davidson .... ------...... -17.4 -9.9 7.1 ·23.6 45 "57:2" ·so: a· ·ii.T 39 00.5 2.9 r--15.6 "22."9" Sept.,l 9 June,l891 1 :1o Camp Colonna ••...• r--15.2 -15.3 -8 6.4: 41 51.9 ------...... 20.1 -4:.4 r--17..4 Oct., 1889 June,l890 9 EXTREXES OF TEliPEBA.TURE-MAXIMUM.

An-vi.k .••...•.•.••... ······-~---···- ••••••. 35 m ta '67 ·-···· •••••. 65 ' 66 51 -oo -25 Nu.klnk:ayet ______--····· · ·----·- -·-·-·· 35 88 52 72 ·-···· --···- 79 72 54: 36 17 62 82 ---··- ---·-· 80 78 69 39 39 J~~:if:·:::::: ::::::: :::::::: ::::::: ~ ,~ 59 '76 36 34: ·56 74 ·a4··· ·ai·-- ·74·-- -~ M 39 17 :8::~ ~=~-==== ::::::: _::::::: ::::::: ~ . : 51 68 79 85 ··-··- •••••• 34 34: 17

Anvi.k----··----·----- ·····-- --···------··l=~r·------~-- -~i--·- ...... -····------·------·- 1= ·----~--- ·------·------IrJ~~~lm~ mm: mm~~ ~mm~ ~ ~ ~ ~ =~=== =~::: :~::: l .. ~ ~ -~ ~m~= -~~~~-~~m~ :j~~~::mjj m:l:m NoTE.-The number of years during which obse-rvations were made continuously is given under the heading "Years." The total number of months exclusive of the whole years is given under the heading "Months." *Russian series. t Signal Service. ; Means from 1889-1896, inclusive, used; mea.ns- prior to that time not computed. :Mr. PETTIGREW. But what is more, Mr. President, wll.en •you get the harbor of Honolulu, most of the --ships in our Navy Steaming ra­ Steaming ra­ Coal- .dius on this dius on. this ·can not carry coal enough to get from there to :Manila. There are Name. Type. bunker coala.tmost coal at maxi- ~everal this I mum speed of them in list. sent to the Navy Department for capacity. economic with forced · information ·and on January 11, 1898, they sent me·the following rate. draft. :letter: DEPARTMENT OF "'NIE NAVY, BUREAU OF STE.All · E~GINEERTh"'G, Tons. Knots. Knots. Washington, D. 0., January 11,1898. Massachusetts .. .First-class battle ship 1,560 4,797 t2,265 Oregon····-·--- ..... do ••.•.••...... 1,5!0 5,205 t2,448 SIR: 1. Your letter of January 51 1898, addressed to the Secretary of the Brooklyn··---·- Armored cruiser ...•. 1,300 4,342 t1,40! Navy, requesting certain informabon as to the coal capacity and steaming New Yor.k ------..••. do ______1,200 -4,486 tl,344 radiu of first-class battle ships and cruisers of the first rate, has been referred Columbia ...... Prot.ected cruiser •••. 1,600 '*7,000 t1,840 :to this Bureau. 1,520 6,824: t1,565 2. In reply the Bureau transmits the following table, which contains the ~l~~J~~-==== ::::1g::~:::::::::::::: 1,100 6,105 ~1,408 information desired: ~ Steamingra- Steaming ra.­ •Estimated. Coal· dins on this dins on this t From official trial on basis of 2.4: pounds of coal per 1 horsepower. bunker coal at most coal at maxi· t From official trial, actual figures. Na.tlle. Type. mum speed capacity. economic with forced rate. dl:aft. Veryrespectfully, GEO. W. :MELVILLE, Engineer in. Chief, United States.Na1111, Chief of Bureau. Tons. Knots. Knots. ·rowa ---·-··· --· First-class battleship 1,700 ·•6,000 - t2,355 .Ran: R. 'F. PETTIGREW, .:Indiana .. ~---·-· _,, ___ do.·-·········-·---· 1,.550 4,800 t2,on Unttecl.Btates Ben.a.te, Washington, .D• .· a. .

1898. GONGRESBIONAL REOORD--SENATE. 6267 .

N-ow we will take the Massachu.setts. The Massachusetts, ire, that it .has .shoal water, is it .nota complete .answer that this steaming at the most economical-rate, can sai14,;797 miles. She . line ·of steamships travel :year in 1tDd year Dnt along that line? can just get from Honolulu, by th-e shortest route, to Manila if -Mr. GRAY. Is that the great circle route? .nothing happens, ana this!listanee.thatshe can travef is from the Mr. PETTIGREW. It is the great circle route. It is a straight official trial. Sbe can not do it m practice. Everybody lrnDw..s line. It is called the great ei:rele route. that-the official trial is in excess of what these £hips c_an _ac.cem- Mr. GRAY. It is the shortest diBta.nce on the surface of the plishatsea. And so that vessel, whichcan onlycauycoalenough globe. .. to get 4,7.97mil£s, according_to the test ~t her official kial, can~ot . . Mr. PETTJGRE_W'. Onthesnrfaceof the gl

6268 CONGRESSIONAL RECORD-SENATE. JUNE 23,

Kipling's poem alone, but have taken pains to verify the statements there Mr. PETTIGREW. Of courseKiska is south of the shortest line. made by inquiring of naval officers and others who have spent considerable time near the Aleutian group, and they have told me that Mr. Kipling's pic­ The great circle route, the route ships sail, passes about 70 miles ture is not overdrawn at all- south of this island, instead of 300 miles. Ships take this route be­ So he was never there himself; and that is what I supposed­ cause they do not wish to pass in and out between the islands, and There are times, however. in the winter when there is clear weather, but then therefore it is a slight modification of the great circle route. this most attractive port i.s.closed by the ice- Let us see if wba.t he says about currents, etc., is justified. If And yet there has been no ice in it since 1872- you have an adverse current going one way, you will have it in for, in spite of the Japan current, which corresnonds to the Gulf Stream in your favor going the other way; and the Canadian Pacific ships the Atlantic, the region aronnd Unalaska is blocked with floe ice- follow the route the year around both ways. This is more testimony from a man who is certainly suffering As I say, Mr. President, the route which we took in crossing from softening of the brain, for our own Weather Bureau tells us from Vancouver to Yokohama, in Japan, went within 70 miles of that there has been no ice in Unalaska Harbor since 1872, and their the harbor of Kiska. We went within 30 miles of the Aleutian record of temperature shows that ice can not form there; and yet Islands. Ordinarily in winter vessels go within 4or 5 miles of the this is what our Chief Engineer of the Navy sends to the House Aleutian Islands. It is the route to the Orient and is along the of Representatives- shore of our own country to within 3,700 miles of Manila and to a There are, of course, openings in this ice, and vessels that make a business point within 500 miles of the coast of Asia. of arctic crui«ing might utilize them, but it can ba readily appreciated that Mr. President, I will not finish my remarks upon this subject this the fine passen~er and freight steamers sailing from San Francisco are not going to run this risk. afternoon. I intend to go into the question of the products of the Those openings extend from 1872 up to the present time; and Hawaijan Islands and also the question as to how the present Gov­ yet there is no ice there, and those openings will continue until ernm€nt came into existence; but having spoken as long as I feel there is some ice, I suppose; and yet Mr. Melville says that vessels able to do this afternoon, I will yield the floor to some other ~enator. used to Arctic cruising can get through those boles in the ice, Mr. McENERY. Mr. President, in my opinion we are consid­ when there is no ice. and this statement is paraded to the country ering one of the most important questions whlch has ever been as an argument against a route over which all commerce travels, presented to the Senate; one of the most important which has unless it is given an inducement to go out of its way. He then ever confronted the American people. In its solution is involved says: the whole future of this Government, its social and its political destiny. Tbe1·e is threatened to be a change in the form of our Now let us compare With this region of ice snd fog the earthly paradise which Hawaii will furnish us. Gove1·nment if there is not a wrecking of our institutions. HQ.tben draws the comparison, and those can read it who choose Probably the most serious aspect of the case is the total disre­ to do so. gard of constitutional obligations. When we weaken these and Another letter, which was used in the other House by Mr. take from under us the sure props of the foundations of our Gov­ GROSVENOR, was from John R. Bartlett, captain United Stat.es ernment, it can be only a question of time when the whole fabric Navy, Chief Intelligence Officer, and former Hydrographer. He will fall. · says: The constitutionality of the annexation of the Hawaiian Islands . On the accompanying chart. which is a copy of the pilot chart of the North has been learnedly discussed by the senior Senator from Georgia Pacific Ocean, published by the Hydrographic Office. No. 1401, are shown the fMr. BACON], and it seems to me his argument was strong and various routes between San Francisco and Manila which may be discussed. forceful enough to awaken the judicial conscience and to convince 'l'he route B is the great circle route, and is the shortest. Its length is 6,254: miles. This route is bes• adapted for the eastw».rd voyage at nearly all the judicial mind, but, unfortunately, we have reached that time times of the year, and possibly the westward voyagE\ !Jl the summer months. in the history of our Government when constitutional questions I took this very route in August over this ;ery track, ·and the are no longer considered or interpreted by just rules of interpre­ former Chief Hydrographer of the Navy Depa.....,.~ment, one of Mr. tation, but they are solved and .determined by methods of ex­ Melville's subordinates, who bas been drawing these maps and pediency and of party policy. Looking, however, at this question charts and seems to have studied the subject, and even now would as a practical question, conceding that it iB a constitutional not take his information secondhand or jn any other way, abso­ method that we ;tre pnrsuing, it seems as though we were making lutely contradicts Melville's statement, and says: a unilateljB.l contract, submitting in fact only a proposition, and The route "B" is the great circle route, and is the shortest. Its length is the question is whether or not the party to whom the proposition 11.254 miles. This route is best adapted for the eastward voyage at nearly all is made has the right to accept it. times of the year. We treated with the Hawaiian Republic as an independent Why? Becanse by the eastern voyage you go with the Japan State. as a nation having an existence, a life, an organ:c being, current, and possibly the western voyage in the summer months. one of the family of nations, and having all of the relations which I will publish a part of his letter as a part of my remarks. one nation could have with the other nations of the earth. In The letter referred to is as follows: their constitution the only authority that iB given for that Re­ N.A.VY DEP.A.RTME... 'T, OFFICE OF N.A.V.A.L INTELLIGENCE, public to enter into a convention with the United States of Amer­ Washington, June 13,1898. ica is that it shall have authority to enter into a treaty for polit­ Srn: Your letter of June 11, 1898, addressed to the honorable Secretary of ical or commercial union between the Republic of Hawaii and · the Navy,requesting data in regard to routes from San Francisco to Manila., the United States of America. In the amended treaty it was pro· has been referred to me. I take pleasure in sending herewith the data requested. It is brief, but I vided that that Republic was to come in as a Territory. There is think covers all the points which rou wish. The only way for a steamer to no authority given in the constitution of that Republic for it to go to Manila from San Francisco lS by a rhumb or straight line during ten abrogate or to destroy its sovereignty, its political life, and put months in the year, which would take them quite near to the Sandwich Islands. But the most important point is the statement of the Bureau of its people under the dominion of the United States, to be governed · Steam Engineering that we have not a ship in the service, except the Minne­ and controlled as a Territorial government. apoUs and Columbia, which could make the voyage from San Francisco to Mr. President, nations have a life and an organic being. It is Manila without recoaling on the way. I have the honor to be, respectfully, like the human life; it exists until it is destroyed in the course of JOHN R. BARTLETT, nature, or until it is destroyed by violence. That is the history Captain, U. S. N.,· Chief Intelligence Ojftce1·, ana former Hydrographer. of the world, and we may look in vain for any account of a nation Hon. C. H. GROSVENOR, which has ever committed political suicide, which bas ever by a House of Re-p1·esentatives. decree dissolved its own existence. It is impossible for it to do Route8/1'0m San Franci8oo toManila,prepa1·ed in Office of Naval.futelligence, so; and it can only be done when, in the course of its life, it has by John R. Bartlett, Chief Intelligence Office1·, captain, lJnited States Navy. reached the period of its final existence, and you look for its his­ On the accompanying chart, which is a copy of the pilot chart of the tory amid the colossal fragments of its architecture or in the North Pacific Ocean, published by the Hydrographic Office, No. 1401, are faded inscriptions among the scattered stones of its buildings. shown the various routes between San Francisco and Manila which may be discussed. Here is a Republic that comes to the Government~of the United The route B is the great circle route, and is the shortest. Its length is States and says: ''I destroy myself; I disorganize my society and 62254 miles. This route is best adapted for the eastward voyage at nearly all put myself completely under your domination, and sell my people tunes of the year, and possibly the westward voyage in the summer months. to you into slavery." What is the effect of such a contract as DIFFERE.."\T ROUTES FROM SAN FRANCISCO TO MANILA... that? Is it binding upon the people of that island? Suppose this Great circle route B, 6,254:milea. Advantage, shortest distance. Disadvan­ joint resolution passes and it goes back to those people, are they tage, rough weather; variable winds; adverse currents of about 1 mile an hour; fogs. bound by it? Their constitution gives them no other authority Rhumb line E, usual route, 6,500 miles. Advantages, generally favorable than to enter into a treaty for commercial purposes or political weather; favorable winds; little current. union with the peopl~ of the United States of America. .They can Southern route via Honolulu, DD; distance, 6,900 miles. Disadvantage, longest route. Advantages, good weather; fair winds; favorable current only come here as a State, just as Texas came here, w1th all of of nearly 1 mile an hour, with good harbor for recoaling and refitting at her sovereignty except that which she delegated to the General about one-third the distance across. Furthermore, the numerous islands Government in consideration of its protecting power. along this course, which are not inhabited, would give additional anchorages for coalin~, if necessa.ry. Suppose, for instance, in the many changes in the political con· Returmng by Honolulu the Rhip would run against this current, and dition of any country where a nation exists, but its sovereignty therefore the shortest route is the only practical route, as you must have may be expressed in a different form of government, that in some a route which is the quickest going and coming by way of the Aleutian Islands and Kiska. Going and coming ·either way a ship could, and they do, save revolutionary period a government should be called into existence, several days' time either from San Francisco or Puget Sound. one in France, for instance, and they should apply to this country 1898. CONGRESSIONAL REOORD-SENATE.o, 6269

with an entire abrogation of its sovereignty by the destruction of of this country proves that one of the dangers which must be all the rights of its people, with a total disso1ution of its political avoided if possible is the readiness to admit any community for society, and the Government of the United ~tates should, through political purposes, without reference tointelligenceoor to numbers, its Congress, pass a joint resolution accepting them as a Territory, that can send Representatives to Congress. The consummation what would prevent that nation, whose life has been destroyed, of such a policy would be an absolute injustice to the other States through another expression and another form of government, re- of this Union. It would destroy that equality which ought to pudiating that n·ansaction and assuming the normal condition of exist among all the States. To have 100,000 people, two-thirds of its life? That is just exactly what these people of Hawaii can do. whom or more are Asiatics, represented on this floor upon the The revolutionary government has tendered a surrender of the same equality with the other States of the Union would be such sovereignty of that people; another government can be called into an inequality as was never contemplated in our form of Govern- existence and repudiate it. 0 ment. Then what comes? You are obliged, then, to employ the force, We are, Mr. President, adopting a policy totally unsuited to our the conquering power of this Government, and reduce it to your condition. The annexation of Hawaii is only a commencement. possession by conquest. Thatistheonlyway,exceptbypurchase, The Philippines will follow • . Cuba, Puerto Rico, the Cana1·ies, that this Government can acquire territory and make it a part of all the Spanish possessions; and having these, under this new the national domain. policy we will soon find occasion to wrest the Azores and the Ma- Then you are confronted also, if yon take possession of this deiras and Cape Verde from Portugal. We have a sufficient num­ republic, the territory of Hawaii, with the conventions that she ber of domestic questions to occupy our attention for the next two has made with the other nations of the earth. You can not de- hundred years, and we should solve all political and social ques­ stroy them; you can not say, as this resolution does, that they are tions which are presented to us before we venture to other conti­ abrogated until this Government makes a new treaty with those nents or midocean in search of other territory. We have a labor people with whom the Hawaiian Republic entered into those con- proposition which daily confronts us, and which will require the ventions. The nation still exists, and those agreements are bind- utmost patriotism and the best intellects of this country to solve. ing upon every government with whom it has entered into a con- We have the question of labor and capital, which more than once, tract; and this Government can not by accepting it as a Territory in my opinion, has threatened the stability of society and the ex­

destroy a single line or a single word of any treaty that that Gov- istence of this Government. 0 ernment has made with any foreign power. Nations have their We have in the South a different race from the intelligent race appointed places marked and set apart as an abiding place for also occupying that section. We will have to solve the race prob­ them by the Almighty. lem, which is a most serious one, before we can go abroad and It is marked by the lines of the ocean, the courses of the rivers, engage with new and perplexing ones. We have had to resort to and the range of its mountains. Once a nation always a nation, every means and every method to prevent the ascendancy of that unless, as I have said, it is destroyed by its own inherent decay race in. order to preserve the civilization of one-half of the terri­ or by violent hands being laid upon it. Its agreements survive as tory of the United States. Those efforts are still to be continued

long as it survives. 0 and that problem will be an ever-present one to us for the next We are treating with a power as an intellectual being on an hundred years, and Southern men and Southern statesmen should equal footing with this Government. We have recognized it. direct their attention to its solution instead of aiding and assist­ We have received its President with distinguished honor. ing in the creation of others which will divert attention from the We might as well attempt to reduce its sovereignty, to take conditions existing there and which may weaken the efforts that away from those people their constitution, their laws, and their have already been made to preserve our civilization, our character, officers as for a man to enter into a contract with a sane man who and our honor. 0 in that contract should say," 1 will abdicate the God-given gift of Then, too, we have in this country representatives from all na­ my personality•and place myself under the charge of a curator." tions~ a heterogeneous population, men of different races, sp.eak­ He might make such a contract with the expectation of having oiug different tongues, and it requires, so I have been told, in the his sanity judicially inquired into and an order of interdiction Western States, where large numbers of European immigrants issued to get rid of his conb·acts, but would any court for a mo- have settled, the second or third generation before they become ment entertain the idea that such a subterfuge could abrogate or ;tb.orough American citizens. They keep coming among us. Wei­ annul any contract that that individual had entered into? :come, I say-they ought to be-in order to build up the waste But the Republic of Hawaii comes here and says: "I will abro- op,laces in this country, but we need time in order to make this gate my sovereignty; 1 will destroy that period in my develop- heterogeneous population homogeneous and mold them inte one ment when I have reached a nation's strength and vigor and have great American manhood. been recognized by the nations of the earth, and I will put myself Then we have economic questions which are unsettled and which under the charge of the Government of the United States as my will necessarily become more involved by the extension of our curator. and I will annul all the contracts, treaties, conventions, territory beyond its present limits. The question of tariff has andoobligationsi have made." never yet been settled, and this country has no settled policy as Suppose a po!itical subdivision should, in an attempt to get rid to the means of raising revenue. The monetary system is un- . of the obligations which it had entered into, go to the State gov- settled and will require many years of intelligent inquiry and ernment and surrender every privilege it had received from the earnest effort before we can formulate a policy that will be ac­ State and ask to be made only a taxing district to aid and assist ceptable to all the people. All these questions, which ought to·oo

in the support of the State government. Is there a lawyer on 0 settled definitely and for all time, will become more complex and this floor who would say that that municipality, that that polit- more dangerous as we go beyond our ten·itoriallimits and annex icalsubdiviaion, could get rid of its obligations in such a way? new territory, with new questions coming back to us to make If Hawaii comes in as a Territory, if the joint resolution should those which we have under solution the more confounding. unfortunately pass, it will necessarily, under our system, have to By this acquisition of territory we will necessarily become in­ be controlled by a Territorial legislature. Are those people fit for volved in entanglements with other nations. It can not be such a government as that even? Are they competent to make avoided. Already we are threatened with complications with decent, honest, capable legislators? Will the1·e not be reenacted foreign powers because of our presence in the Philippine Islands. in that country the same history that we had in the Southern What will be the consequence? This country will become an States during the era of 1·econstruction? Every adventurer, every armed camp. Instead of 125,000 volunteers under arms at Chat­ man without culture and without character, eYery ambitious tanooga, New Orleani!, and Tampa., there will not be a village in politician, will flock to that country~ and an era of crime and de- the country that will not be occupied by the Federal soldiery, bauchery will ensue that will again bring disgrace and discredit waiting for an opportune time to be sent against a foreign foe, in to American institutions, make a mockery of republican govern- order to protect our foreign possessions. It will become an ment, and threaten with destruction the few decent and honor- armed camp with more power and probably with more dire con­ able people who may seek that place for a home. sequences than are now inflicted upon Germany with its immense But it is the intention unquestionably, if it is erected into a standing army, occupying every village and every hamlet in that Tenitory, to give it at no distant day power and authority to Empire. frame a constitution preparatory to admission into the Union of We have power enough if we will concentrate it. Our wealth the United States. Mr. Thurston, the Hawaiian agent at Wash- is untold. We have a commerce increasing every year until it ington, says, speaking of the treaty: will overshadow that of all other nations combined. We have an It does not provide for Statehood. Jt will be a question for our successors, internal commerce greater probably than that of any nation of not for us to settle. the earth, greater probably than the foreign commerce of Great How long will that time be postponed? Not any longer than Britain. All this strength, this vigor, needs but concentration at the political party which has power in this Government finds it home, the husbanding thereof, in order to make us invincible necessary to admit it in order to get its political strength and to against the world. Dissipate this, destroy it, and transfer it to place Senators and Representatives in the Congress of the United the sea, and we will become weak and puny and be exhausted by States. A 1·otten borough, oriental, ignorant, diseased, corrupt constant and continuous war, disturbing our social life, inter­ people-sending votes here to elect the President and Vice-President rupting our commercial intercourse, and, worst of aU, destroying of the United States. This is not mere conjecture, for the history the liberty of the citizen. ' 6270 CONGRESSIONAL RECORD-.SENATE. JUNE 23,

These colonial possessions are expensive. To keep Hawaii Mr. President, the proposed annexation of Hawaii has attracted itself, because of the extravagance that will be transferred to already the attention of farmers' organizations throughout the that island, judging from the experience of the past, when ad­ country. Some of these, in a letter written to Ron. J. W. W ans­ venturers have opportunity to fasten themselves upon a com­ WORTH, chairman of the Committee on Agriculture of the House munity, will involve an expense to us as great, I believe, as the of Representatives, write as follows: maintenance of the government of the State of New York. It cost Louisiana under an alien government 819,000,000 a year. HAWAil AND THE A.M1miCAN F A.nYERB. For that government, 2,100 miles from the shores of this country, Hon. J_ W. WADSWORTH, the expense will sum up to the same amount. The necessary ex­ Chairman Hause Committee on Agriculture, Washington, D. C. DEA.R SIR: In the name of the farmers of America, nearly 1,000,000 of whom pense of keeping up an army and navy to protect the colonial are our clients, we solemnly protest against the policy of colonization which possessions will bank:i:upt this country in the very incipiency of it is proposed to in~ugurate ?Y annexing ~waiL That policy would at once its existence. It has hardly yet passed from-its youth. It has expose us to embroilment mth other nations. It would vastly magnify the power and expense of our .Army and Navy. It would perpetuate increas d bllt reached its manhood, and yet we are reaching out to impair taxes. It woUld inaugurate an era. of con·uption in our foreign possessions, the strength of this nation and destroy it in its young manhood. a debasement of the blood, that could not fail to in time affect the physical I believe, Mr. President, it would be an interesting subject to and mental stamina of our people at home. study the colonial policies of the world and ascertain at what pe­ It would be un-American, unwise, un~onstitutiona.l, and in results un· worthy of the effort. On still higher grounds a colonial policy is objectiona­ riod the nations which adopted such a policy reached the zenith ble. It would degenerate the holiest war ever waged for humanity into a of their strength, and then note the hour of their decay. I believe campaign of conquest. This would lower the United States before the world, it will be found coincident with the period of its apparent great-­ but 1ts moral effect upon our own people would be still worse_ Again, the more our yeople are led to indorse the policy of expansion, the more will est wealth. No nation of the world that has ever passed its bound­ domestic interests be neglected. Under such a. l\Olic'!, no eXl)anse will be aries has not been driven back to them, and no nation has adopted spa.red on .Army and Navy, but how about those home interests tb&t vitally a colonial policy that has not sown the seeds of its decay. Spain concern everybody everyday? Better roads and improved waterways, more ~and free delivery,.a bette! banking system, better education, reform of to-day is reaping the reward of her aggressive policy. Had she existing abuses, protect10n agamst monopoly and corporate extortion-all remained within her limits, with that magnificent manhood of these and many. other tb.:!ngs will be neglected. ~ouopol~ in various forms the nation, with her wealth and her genius, she might have pre­ and other enermes of socia.l progress would hold high carruval at home while national and State legislatures were concerned n.boUt our col1>nies a.br d. served intact in Europe the Empire of Charles V. It will be bad for the American farmer should Uncle Sam ever decide to I believe to-day that England is weakened by her colonial pol­ embark uponanera.of"imperial colonization." The cooly bbor of thee icy. I believe her statesmen are aware of that fact. I do not be­ tl'opical eolonies, directed by capable overseers, and their p. roducts manipu­ lieve they would attempt the acquisition of additional territory lated by world-wide trusts, would close up every beet-sugar proposition and cane-~gar mill in th~ United Stat~s. The :IP'Owi:ng and manufacture of unless it were in defense of that which they already have or which smoking tobacco and CI.ga.rs, one of the la.r~ mterests of the United States, should come to her by historical accident, pretty much the way in would be annihilated, and the heavy lea! mdustry also injured. Rica, cot­ ton, hemp, and all fiber crops would be so cheaJ>ly produced and worked in which all of her territorial acquisitions have been made. the East and West Indies as to soand the death Jmell of these industries in I apprehend, Mr. President, that the foreign policy which is to the United States or perpetuate the low prices which have for a year past be inaugurated will affect every material interest of this country. brought only d.isaster to the cotton planter, factor, manufacturer, or opera-­ tive. Please bring this promptly to official attention of the House before I believe by destroying home interests we will lose more than we vote is taken. - possibly can gain by any foreign possession which we may acquire Respectfully submitted in the farmers' behalf. by treaty, by purchase, or by conquest. HERBERT MYRICK, I will read here in this connection an article from the Spring­ Preru:tent Orange Judd Companv, Editor American. Agn:culturist, of New York, field (Mass.) Republican of December 12, 1897: Editor ()J·ange J'ILdd Fanner, of fJhicago, THE BETRAYAL OF THE HOME liARKET. Editor 1;e:w England Homestead, of Springfield. There exists in this country such an interest as sugar growing, and it is not confined to the cane plantations of Louisiana. It is spread out in keen It has no less attracted the attention of the labor organizations. and eager expecta.tion, if not i:n fact as yet, over the vast territory of the They believe that it will be the means of bringing the labor of the middle and far West. Its investments a.re now compl'ehended i:n a few see­ United States into discredit. I read a letter from the president of tions of land devoted to the growth of the sugar beet and in a few factories the American Federation of Labor: em-ployed in grinding np the beets and extracting the sugar. But it sees from these beginnings the ea.rly development of a mighty home industrl;, HAWAII AND AMERICAN LABQ1t. employing millions of capital and a gt·eat body of factory and farm labor. This industry in esse and in posse is now marsbalillg its influence and Alnrnro.AN FEDERATION OF LABOR, power agmnst the annexation of Hawaii. The reasons for its opposition are Washington, D. C., J11.ne 11,1898. obvious. There exists on the islands a large and growing sugar-producing DEAR Sm.! Inasmuch as the House of Representatives bas now under con­ industry favored by a soil of unapproachable richness and by an unlimited sideration a bill for the annexation of the Hawaiian Islands to the United supply of cooly and contract labor of oriental and native origin, the cheap­ States, and since there are a number of features involving principles affect­ est in the world. And against the untaxed competition of this soil and labor, ing the working people of our country in the proposition to annex the e under the exploita.tion of the American sugar-refining monopoly, the beet­ islands, I beg to address you, and through yon the honorable the House of sugar i:ntel'ests of the West feel that they must struggle in vain. They are Re~resen.tatives, as briefly as possible, summarizing a few of the objections consequently appearing at Washington with petitions and arguments and which prompted the delegates to the convention of the American Federation appeals opposed to annexation, and with this point in particular, drawn from of Labor, held at Nashville, Tenn., December 15 to 21,1897, to protest against the last na.tion."\1 R-epublican platform: the annexation of Hawaii to the United States. • "Resolved, We condemn the _present Democratic Adminimation for not Of a. population estimated at a.bont 100,000, Hawaii contains about 50,000 keeping faith with the sugar producers of this country. The Republican contract slave laborers, made up as follows: party favors su.ch protection as will lead to the production on American soil About 80 per cent Chinese and Japanese. of all of the sugar which the American people use, and for which they pay About 20 per cent Portuguese from· Azore Islands, and South Sea Ialand- other countries more than $100,000,000 annually." ers. - And what either President McKinley or the Republican majority in the Some of the features of the contracts under which these 50,000 laborers Senate and House can have to say in reply to this, we should like to hear. work in Hawaii may be briefly stated here: This pledge of the party is little heara of now. The President has evi­ 1. The terms of the contract usually run for seven years. dently forgotten it, and the Con~essional majority of the party appear to 2. That the laborers have no right to change their employers or lea. ve their have forgotten it. But it is distinetll stated and can not be miStaken. It employment. ~ means, if it is not a. false promise, tha. the Republican party fa.vol"S and will 3. That the contract to labor is specifically enforceable by the laws of impose if given the power, protective duties on aJl imported sugars, and not Hawaii. alone those from Cuba and continental Europe, to the end that the $100,00J,OOO 4. That any time a laborer may serve in prison for desertion from labor is now sent abroad annually for the sugar SU1Jply of the nation may be kept at added to the term of the life of t.he contract to labor. home aud turned in a rmghty stream to the employment of home labor and The laborers o.re cormlled in gangs of from twelve to sixteen, each gang the partial divm'Sion of agricultural effort from its present congested em­ having an overseer on horsebacK, armed with a whip, with which diligence to ployments. We nse the language commonly employed to set forth the claims labor is enforced. of the protective policy. And if ever that policy had justification, it is in The overwhelming number of contract slave laborers in Hawaii is em­ this case o! an industry no doubt capable of domestication and possessing ployed in the su~ar industry, and the master employers have always insisted the p0ssibilities of an immense and enrichin~ dev~\C:.;r:rn;;;nt. that the sugar mdustry can not be successfnlly conducted without this But instead of heeding this promise President - ley and the p~rty in species of slave labor in those islands. Congress urge a policy which shall subject the domestic sugar-growing in­ '.rb.ough this point contested, yet if Hawaii should become annexed to the dustry forever to the free competition of the Hawaiian monopoly and its United States, the status of the laborers may not be changed; and if the great force of de~ded Asiatic contract labor. · They are quick to heed the Sandwich Islands ll8 a part of the United States are permitted to continue a Claims to protection of industries that have grown to a mature and independ­ species of labor repugnant to the free institutions of our country, there is ent age., and that have no nse for a tariff except to protect themselves in no safeguard ngamst the extension of the same species of contract slave forming extortionate trust combinations, but the claims of a really infant labor to the sugar industry in Louisiana and the cotton fields of the Southern industry of great vromise are passed by unheeded in resJ>ect to the cheapest States. and worst competition it has to encounter. What has become of those fine It required more than twenty years of constant organization, agitation, theories and sayings o! Mr. McKinley respecting the possession of the home and education to legislatively close the gates of our country to the Chinese. market for home labor and home profit? What has become of that champion­ The wisdom of that legislation has been demonstrated, until there are few, if ship of the tariff as the special patron of infant industries? All quite, quite any, who now advocate its repeal. ' prostrate beneath the ruthless tread of ambitions for territorial enlargement. The annexation of Hawaii would, with one stroke of the pen, obliterate It is a sad relapse from the protective virtues for. which Mr. McKinley so that beneficent legislation and open wide our gatesbwbich would threaten an lately stood as the grand embodi:ment of all:- But we may hope that the beet­ inundation of Mongolians to overwhelm the freela. orers of our country. sugar interests now assembling at Washington will be able to bring the Ad­ The annexation of Hawaii to the United States would be the admission of ministration and the party in Congress to some realizing sen~ of their a slave Sta.te side by side with the free States of America, and, in the lan­ free trade and paupel'-la.bor degradation in this Hawaiian business. There, guage of the statesmen of our own and all other countries," We can not be too, stands the party-platfoclftft~ge preferring charges of treachery against part free and part slaves; we will either have to be all free or all slaves-" thosewhohadpromiseditsf ent. Whatasitua.tionl Thehomema.rket · Though the number in Hawaii is small in comparison to the people of the is being betrayed in the house of its friends, and the Home-Market Qlub of United States, yet the dangers and the possibilities are such as to make the Boston is silent. workers apprehensive. 1898. CONGRESSIONAL ·REOORD-SENATE. 6271

In the war in which the people of our country are engaged the workers Mr. HANSBROUGH. I want to object unless it is thoroughly are gladly volunteering their lives and their all upon the a1tar of the .honor understood as to whether, if the Senate passes the resolution, the and the interests of our country, but we submit that in the effort to make Cuba free and independent we should not hazard the loss of our own.hlxn·ty. Committee on Public Lands is thereby directed to make the in­ The foregoing is submitted in the name"and by the authority of the..Ameri­ vestigation. If that is the effect of the past?age of the resolution, can Federation of Labor. 1 demand that the resolution shall be sent to the Committee.on Very respectfully, SAMUEL GOMPERS, President. Public Lands before it is brought before the Senate for final action. Hon. THOMAS B. REED, Mr. JONES of Arkansas. The matter will be subject to the Speaker House of R~presentatives, Washington, D. C. discretion of the Committee on Public Lands. I so understand Mr. JONES of Nevada. Will the Senator from Louisiana yield it, and so mean it. That is-my wish in the matter, and I have no to me for a few moments? doubt that the Committee on Public Lands will do what ought to Mr. McENERY. Certainly. be done. Mr. HANSBROUGH. I suggest to the Senator that he permit TIMBER SEIZURES IN ARKANSAS, the resolution to go to the Committee on Public Lands first. We 1\fr. JONES of Nevada. I am instructed by the Committee to shall have a meeting of the committee on Monday, and the resolu­ Audit and Control the Contingent Expenses oftheSenate to report tion ~ be reported back either favorably or unfavorablv. back favorably, and I ask for the present consideration of, the Mr. CARTER.. I suggest, if the intent of the resolution is as resolution submitted by the Senator from Arkansas [Mr. JoNES]. indicated by the Senator from Arkansas, that it in terms should The resolution submitted yesterday by Mr. JoNES of Arkansas prescribe that the Committee on Public Lands may, in its-discre­ was read, as follows: tion, make -the investigation~ If that is the real meaning and intent and purport of the resolution, let it be so expressed. · Resolved, That the Committee on Public Lands, by fuU committee or any subcommittee thereof, oo, and it hereby is. authorized and directed to investi­ Mr. JONE~ of Arkansas. I have no objection to that modifica­ ~ate the conduct of Special .Agent C. A.. M. Schliel'holz in the seizure of timber tion. m .Arkansas; that said committee or subcommittee shall, at its discretion, ¥!. CARTER. Let the resolution be 1lO amended. visit the State of .Arkansas or other locality necessary for a. thorough investi­ gation of the subject, and is hereby authoriZed to send for persons and papers, The PRESIDING OFFICER. Without objection, the resolu­ to administer oaths, and employ a stenogr&pher, and the necessary expenses tion will be modified according to the suggestion -of the Senator incurred shall be paid out of the contingent fund of the Senate, upon vouch­ from Montana. The resolution as modified will be read. ers to be approved by the chairman of the committee. The SECRETARY. If amended, the resolution would read: The PRESIDING OFFICER (Mr. GALLINGER in the chair). Is Resolve4 'That the Committe~ on Public Lands IDI_\Y~ in its discretion, by there objection to the present consideration of the resolution? full commutee1 or any subcomnntteethererrl', be, and 1t hereby is, authoriz:ed Mr. HANSBROUGH. I think the resolution ought to be re­ and directed to investigate the conduct of Special Agent C. A. M. Schlier­ ferred to the Committee on Public Lands. It is a. matter of very holz; etc. great importance and the Committee on Public Lands ·should The PRESIDING OFFICER. The question is on agreeing to consider the question as to whether it is proper to ma.lre this in­ the resolution as modified. vestigation. Then, if it thinks it is a proper investigation to make, Mr. HANSBROUGH. What was the modification? I did not it wm bring the resolution back to the Senate and let the Senate catch the exact change. . pass 'Upon it. Mr. BERRY. The words "in its discretionn areinserted. The PRESIDING OFF-ICER. Is there objection to the imme­ The PRESIDING OFFICER. The Chair will state to the Sen­ diate consideration of the resolution? ator from "North Dalrota that the modification was the insertion Mr. HANSBROUGH. I object. of the words '"'in its discretion.:' · . Mr. JONES of Arkansas. If the Senator from North Dakota Mr. McBRIDE. I suggest that the. wo1·ds c:c and direcfliEld" be will allow me. to make a suggestion~ I do not think be will object. stricken out. This resolution simply authorizes the Committee on Public Lands Mr. HANSBROUGH. I ask the Secretary to read the resolu­ to act in this matter. I have no doubt the discretion will be in tion once more. the committee. They are not compelled to take action in the mat­ The SECRETARY~ ·The. resolution as now -modified reads as ter unless there is such a condition of things shown as to make it foUows: necessary. Resolved1 .That the Committ-ee on Public Lands may, in its discretion by full committee or-any l3llbcommittee thereof, investigate the conduct of Spe­ Mr. HANSBROUGH. It practically d':Lects the committee to cial .Agent C. A. M. Schlierholz, etc. make the investigation. I submitthatih.e committee should take it under consideration. Mr. HANSBROUGH. I have no objection to the resolution in Mr. JONES of.Arkansas. I am perfectly willing that the com­ that form. mittee shall take it under consideration, and I should like to have The PRESIDING OFFICER. The question is on agreei.Jig to it adopted with the distinct -understanding in the Senate that the the resolution as modified. committee shall take it under-consideration and do what in its The resolution -as modified was agreed to. wisdom ought to be done under all the circumstances. That is .AGBEE.!IENT WITH SEMINOLE NATION OF .INDIANS. all I"nsk. Mr. PETTIGREW. I ask leave to submit a -con.Ierence report Mr. HANSBROUGH. But the resolution dh·ects the Commit­ on a Senate bill, which I should like to have disposed of. I ask tee on Public Lands to make the investigation. As the Senator for its present consideration. from Washington [Mr. WILBON] suggests to me, I ·do not believe Mr. DAVIS. · Will it lead to any debate? the Committee on Contingent Expenses has the authority to di­ Mr. PETTIGREW. I think it will lead to no debat-e. 1 think rect the Committee on Public Lands or any other committee to the report can be disposed of in a minuw. make an investigation of any.given subject. . . The Secreta-ry read the report, as follows: Mr. JONES of Arkansas. There is nothing 'Of the sort pro­ posed, Mr. President. The committee of conference on the disagreeing votes of the two Houses on the amendments of the House tQ the bill (S. 3596) to ratify the agreement 1\fr. HANSBROUGH. It is practically a d~ection to the Com­ between the Dawes Commission qn.d the Seminole Nation of Indians having mittee on Public Lands. met, after full a.nd free conference have agreed t o recomm.end and do recom­ Mr. JONES of Arkansas. It is nothing of the lrlnd. The law mend to their respective Houses as follows: That the House recede from all its amendments. requires that whenever there is a proposition made for an investi­ R. F'. PETTIGREW, gation of this kind, or for anything proposing to make an expendi­ JAMES K. JONES, ture from the contingent fund of the Senate, it must_go first to O.R.PL.ATT, , the Committee to Audit and Control the Contingent Expenses of Managers on the part of the Senate. JOHN .F: LACEY, the Senate to consider that feature -of the case. That is all. HORACE G. SNOVER, :Mr. JONES of Nevada. That is all. WM. T. ZENOR, Mr. HANSBROUGH. I think the rule does not require that Managers 01~ the part of the HO'USe. such a resolution shall go first to the Committee to Audit and Con­ The PRESIDING OFFICER. The question is on agre£4rig to trol the Contingent Expenses of the Senate. the conference report. M.r. JONES of Arkansas. It does. The law requires it, -not the The report was agreed to. rule. Mr. HANSBROUGH. I think the proper course would be for EXECUTIVE SESSION, the resolution to go to the committee having those matters in Mr. HAWLEY. If there is no further legislative business to be charge. transacted this afternoon} I move that the Senate proceed to the The PRESIDING OFFICER. The Chair will suggest that, consideration of executive business. whatever the proper -construction of the rule may be, the resolu­ The motion was agreed to; and the Senate proceeded to the con­ tion did go to that committee and it is reported back. The com­ sideration of executive business. After fifty-two minutes spent in mittee does not direct the investigation, but the Senate directs it executive session the doors were reopened, .and (at 6 o'clock p.m.) if it passes the resolution. lB there objection to the present con­ the Senate adjourned until to-morrow, Friday, June24, 1898, at sideration of the resolution? 12 o'clock meridian. 6272 CONGRESSIONAL RECORD-SENATE. J.UNE 231

NOMINATIONS. Amos D. Sparkman, of Texas. Executive nominations 1·eceived by the Senate June 23, 1898. Etienne de P. Bujac, of Texas. / Stephen P. Allen, of Texas. SUPERVISmG INSPECTOR OF STE.AM VESSELS. Edwin K. Marrast, of Texas. John W. Oast, of Virginia, to be supervising inspector of steam Green W. Bntler, of Texas. vessels for the third district, to succeed W. H. Murdaugh, re­ Jesse L. Hall, of Texas. moved. To be ji1·st Ueutenants. REGISTER OF LAND OFFICE. Charles F. Neill, of Texas. Walter J. Reed, of Ole Elum, Wash., to be register of the land Joseph Y. Johnson, of Texas. · office at North Yakima, Wash., vice Andrew F. Snelling, term John O'Kee:ffe, of Texas. expired. Benjamin C. Riely, of Texas. PROMOTIONS m THE NAVY, Horace Booton, of Texas. Ensign George N. Hayward, to be a lieutenant, junior grade, in Charles S. Dulin, of Texas. the Navy, from the 13th day of May, 1898 (subject to the-exami­ John F. Melton, of Texas. nations required by law), vice Lieut. (Junior Grade) Charles P. Thomas E. Blackmore, of Texas. Eaton, promoted. Taylor M. Reagan, of Texas. Ensign Samuel 8. Robison, to be a 1ientenant, junior grade, in Arthur F. Symms, of Texas. the Navy, from the 23d day of April, 1898 (subject to the exami­ Frank D. Tompkins, of Texas. nations required by law), vice Lieut. (Junior Grade) John .M. Thomas N. Devine, of Texas. Ellicott, promoted. To be second lieutenants. Ensign Henry K. Benham, to be a lieutenant, junior grade, in the·Navy, from the 27th day of April, 189S (subject to the exami­ David C. McCaleb, oi Texas. nations required by law), vice Lieut. (Junior Grade) Harry Dubie Chubb, of Texas. George, promoted. ' Joseph MeA. Power, of Texas. Ensign Charles F. Hughes, to be a lieutenant, junior grade, in William S. Sinclair, of Texas. the Navy, from the 27th day of April, 18M, vice Lieut. (Junior George H. Dakin, of Texas. Grade) Frederick L. Chapin, promoted. John W. B. Smith, of Texas. Commander John Schouler, to be a captain in theNavy, from the Francis P: Tiernan, of Texas. 5th day of June, 1898, vice Capt. Charles V. Gridley, deceased. JohnS. Hoover, of Texas. Joseph T. Maloney, of Texas.· PROMOTION IN THE ARMY-SUBSISTENCE' DEPARTMENT, John J. Tierney, of Texas. Capt. James Nicholas Allison, commissary of subsistence, to be Frederick E. Matley, of Texas. commissary of subsistence with the rank of major, May 11, 1898, John U:Rogers, of Texas. vice Sharpe, promoted. · THffiD REGIMENT UNITED STATES VOLUNTEER INFANTRY. APPOINTMENT IN THE ARMY-SUBSISTENCE DEP.A..RTMENT. To be maj01·s. First Lieut. Robert Lee Bullard, Tenth Infantry, to be commis­ Frank Gordon, of Georgia. ' sary of subsistence with.the rank of captain, June 22, 1898, vice Thomas S. Wylly, of Georgia. Allison, promoted. To be chaplain. APPOINTMENTS IN THE' VOLUNTEER A.RMY. Daniel H. Parker, of ·Georgia. To be assistant quartermastm· with the 1·ank of captain. To be assistant surgeon with the 1·ank of first lieutenant, Raymond Sulzer, of New Jersey. Joseph A. Guinn, of Georgia. To be commissary of subsistence u'ith the rank of captain. To be second lieutenants. ' William F. Dunn, of Wyoming. William Nehn, ~ompany D, _Eighth United States Infantry. ~ohn H. Estell, Jr.,

-Daniel Green Morton, of Maryland. H. R. 8541. An ayt to define the rights of purchasers of t~e Belt Louis Birely Hamilton, of the District of Columbia. Railway, and for other purposes; William Hopkins, of the District of Columbia. H. R. 10209. An act to amend an act of Congress approved March 2, 1893, entitled "An act to provide a permanent system of high­ TE...~TH REGIMENT UNITED STATES VOLUNTRER INF A.NTRY, ways in that part of the District of Columbia lying outside of To be captain. • cities,"· and for other purposes; H. R. 1037. An act to provide for the construction of a bridge Charles L. Beatty, of the District of Columbia. across Niagara River; TO BE ADDITIONAL PAYMASTER. H. Res. 251. Joint resolution relating to the purchase of law books, books of reference, periodicals, and newspapers for the John R. Lynch, of Mississippt military information division, Adjutant-Generars Office; THIRD REGIMENT UNITED STATES VOLUNTEER ENGINEERS. H. R. 10606. An act to amend section 10of an act approved April To be captain. 22, 1898, entitled ''An act to provide for temporarily increasing the military establishment of the United States in time of war, Lewis H. Mattair, of Florida. and for other purposes;" and · To be ji1·st lieutenant. H. R. 614.-8. An act to amend the charter of the Eckington and Soldier's Home Railway Company of the District of Columbia, MichaelS. Murray, commissary sergeant, United States Army. and the Maryland and Washington Railway Company, and for To be second lieutenant. other purposes. William D. Pasco, of Florida. The SPEAKER announced his signature tu enrolled bills and joint resolutions of the following titles: TO BE BRIGADE SURGEON ~ITH THE RANK OF MAJOR, S. 2916. An act relating to the Washington, Woodside and Forest Ernest Taylor Tappey, of Michigan. Glen Railway and Power Company, of Montgomery County, Md.; S. 3871. An act to authorize the Montgomery-Elmore Bridge TO BE ADDITIONAL PAYMASTERS. and Improvement Company to construct and maintain a bridge Frederic C. Lord, of Nevada. across the Alabama River near the city of Montgomery, Ala.; John C. Krause, of Ohio. S. 2785. An act for the relief of BlancheT. Hunton; Henry J. May, of Ohio. S. 1895. An act for the relief of the heirs of Thomas J. Chace and Edward A. Bigelow, of Illinois. Thomas J. Chace, jr., late of Monticello, Fla. S. R. 175. Joint resolution providing for the printing of addi­ TO BE ASSISTANT ADJUTANT-GENERAL WITH THE RANK OF tional copies of certain volumes of decisions of the Department of LIEUTENANT-COLONEL. the Inter1or relating to public lands for sale and distribution. Maj. Thomas H. Barry, assistant adjutant-general, United S. R. 168. Joint resolution to authorize and direct the Secretary States Army. of the Treasury to refund and return to the Chicago, Milwaukee · and St. Paul Railway Company $15,335.76, in accordance with the . TO BE JUDGE-ADVOCATE WITII THE RANK OF LIEUTENANT­ decision of the Secretary of the Interior dated March 3, 1898; COLONEL. S. 4750. An act granting right of way through the Pike's Peak Maj. Enoch H. Crowder, judge-advocate, United States Army. Timber Land Reserve and the public lands to the Cripple Creek District Railway Company; TO BE CHIEF ENGINEER WITH THE RANK OF LIEUTE:SANT­ S. 2678. An act for the relief of Lizzie Hagny, as administratrix . COLONEL. . of the estate of Frank B. Smith, deceased; First Lieut. Charles L. Potter, Corps of Engineers, United S. 4759. An act to authorize the Missouri, Kansas and Texas States Army. Railway Company to straighten and restore the channel of the South Canadian River, in the Indian Territory, at the crossing of TO BE INSPECTOR-GENERAL WITH THE RANK OF LIEUTENANT­ said railroad; COLONEL. S. 1726. An act concerning attorneys and marshals of the United· Capt. CharlesW. Whipple, Ordnance Department, pnitedStates States; and . Mm.y. S. 4"738. An act to authorize the Kansas, Oklahoma and Gulf Railway Company to c