1885. CONGRESSIONAL RECORD-SENATE. 109
PETITIONS, ETC. necessary and expedient. .At the threshold of a compliance with these constitutional directions, it is well for us to bear in mind that our UBet The following petitions and papers were laid on the Clerk's desk, fulness to the people's interests will be promoted by a constant appreci· under the rule, and l"eferred as follows: ation of the scope and character of our respective duties as they relate By :M:r. HARMER: Petition of Peter Woll.& Sons, of the ci~ of to Federal legislation. While the Executive may recommend such Philadelphia, Pa., asking for a refund of d~ties erroneously pa1d on measures as he shall deem expedient, the responsibility for legislative importationofquitch-grassroot--totheComm.Ittee on Ways and Means. action must and should rest upon those selected by the people to make By Mr. McCOMAS: Petition of Otho W. Trendle, for quartermas their laws. ter's stores and supplies taken from him in Frederick County, Mary Contemplation of the grave and responsible functions assigned to the land by the .Army of the United States for army use during the war respective branches of the Government under the Constitution will dis~ of 1S61, and stated at $1,597-to the Committee on War C~aims. close the partitions of power between our respective departments and .Also, petition t~ Thomas E. Holmes, for stores and supplies ~en or their necessary independence, and also the need for the exercise of all furnished for army use, and stated at $1,059-to the same comnnttee. the power intrusted to each in that spirit of comity and co-operation .Also, petition of William P. Leaman, for quartermaster's stores and which is essential to the proper fulfillment of the patriotic obligations supplies taken from him in Montgomery County, Maryland, by the which rest upon us as faithful servants of the people. United States .Army during the war of 1861, and stated at $1,235.25- The jealous watchfulness of our constituencies, great and small, sup~ to the same committee. plements their suffrages, and before the tribunal they establish every .Also, petitionofisabella.Hance, for quartermaster's and commissary public servant should be judged. stores taken or furnishedmMontgomery County, Maryland, stated at It is gratifying to announce that the relations of the United States $7,081.35--to the same committee. with all foreign powers continue to be friendly. Our position after .Also, petition of George Phelps, of the District of Columbia, for trans nearly a century of successful constitutional government, maintenance portation, labor, and service furnished to the.Quartermaster's Depart of good faith in all our engagements, the avoidance of complications ment, stated at $3,394.5D-to the same committee. with other nations, and our consistent and amicable attitude toward Also, petition of H: N. La~dale, for quartermaster's s~res and sup the strong and weak alike, furnish proof of a political disposition which plies taken from him mFreder~ck County, :Maryland, durmg the war of renders professions of good will unnecessary. There are no questions 1861, by the .Army of the United States, stated at $2,312. 7o-to the same of difficulty pending with any foreign government. committee. The .Argentine Government has revived the long dormant question of .Also, petition of Samuel D. Piper, ofMaryland, forquarterma:ster's the Falkland Islands, by claiming from the United States indemnity and commissary supplies and stores, stated at $553.90, and requesti that for their loss, attributed to the action of the commander of the sloop same be referred to the Court of Claims-to the same committee. of-war Lexington in breaking up a piratical colony on those islands in .Also, petition of Henry Piper, for commissary stores taken for the 1831, and their subsequent occupation by Great Britain. In view of public service, stated at $652.80, and request that same be referred to the ample justification for the act of the Lexington and the derelict the Court of Claims-to the same committee. condition ef the islands before and after their alleged occupation by By Mr. TUCKER: Petition of J.D. Morrison, of Virginia, for relief .Argentine colonists, this Government considers the claim as wholly from unlawful assessment of taxes-to the Committee on Ways and groundless. Means. Question has arisen with the Government of .Austria-Hungary touch ing the representation of the United States at Vienna. Having, under my constitutional prerogative, appointed an estimable citizen of unim SENATE. peached probity and competence as minister at that court, the Govern ment of .Austria-Hungary invited this Government to take cognizance TUESDAY, December 8, 1885. of certain exceptions, based upon allegations against the personal accept Prayer by the Chaplain, Rev. E. D. HUNTLEY, p. D. . . ability of Mr. Kelley, the appointed envoy, asking that, in view thereof, EUGENE HALE, a Senator from the State of Marne, appeared m his the appointment should be withdrawn. The reasons advanced were seat to-day. such as could not be acquiesced in without violation of my oath of office The Journal of yesterday's proceedings was read and approved. and the precepts of the Constitution, since they necessarily involved a limitation in favor of a foreign government upon the right of selection NOTIFIOATION TO THE PRESIDENT. by the Executive, and required such an application of a religious test Mr. EDMUNDS and Mr. HARRIS, the committee appointed in con as a qualification for office under the United States as would have re junction with a similar committee of the House of Representatives to sulted in the practical disfranchisement of a large class of our citizens wait upon the President of the United States, appeared below the bar, and the abandonment of a vital principle in our Government. The and .A.ustro-HungarianGovernment:finallydecidednottoreceiveMr.Keiley Mr. EDMUNDS said: Mr. President, t4e committee appointed by as the envoy of the United States, and that gentleman has since resigned the two Houses of Congress to wait upon the President of the United his commission, leaving the post vacant. I have made no new nomi States and inform him that a quorum of each House has assembled and nation, and the interests of this Government at Vienna are now in the organized, and that the two Houses are now ready to receive any com care of the secretary of legation, acting as charge d'affaires ad interim. munication he may have to make, have performed that duty, and the Early in March last, war broke out in Central .America, caused by the President of the United States replied that he would send a message in attempt of Guatemala to consolidate the several states into a single writing to Congress immediately. government. In these contests between our neighboring states the PRESIDENT'S ANNUAL MESSAGE. United States forebore to interfere actively, but lent the aid of their .A.tl2o'clockandl0minutesp. m. Mr. 0. L. PRUDEN, one ofthesec friendly offices in deprecation of war and to promote peace and concord retaries of the President of the United States, appeared below the bar among the belligerents, and by such counsel contributed importantly of the Senate and said: to the restoration of tranquillity in that locality. Mr. President, I am directed by the President of the United States to Emergencies growing out of civil war in the United States of Colom deliver to the Senate a message in writing. bia demanded 9f the Government at the beginning of this administra The message was received from the Secretary and handed to the Presi tion the employment of armed force to fulfill its guarantees under the dent pro tempore. thirty-fifth article of the treaty of 1816, in order to keep the transit open The PRESIDENT pro tempore. The Chair lays before the Senate the across the Isthmus of Panama. Desirous of exercising only the powers annual message of the President of the United States, which the Secre expressly reserved to us by the treaty, and mindful of the rights of Co tary will read. lombia, the forces sent to the Isthmus were instructed to confine their The Secretary of the Senate read the message, as follows: action to ''positively and efficaciously" preventing the transit and it8 accessories from being "interrupted or embarrassed." To the Congress of the United States: The execution of this delicate and responsible task necessarily in Your assembling is clouded by a sense of public bereavement, caused volved police control where the local authority was temporarily power by the recent and sudden death of Thomas .A,. Hendricks, Vice-President less, but always in aid of the sovereignty of Colombia. of the United States. His distinguished public services, his complete The prompt and successful fulfillment of its duty by this Govern integrity and devotion to every duty, and his personal virtues will find ment was highly appreciated by the Government of Colombia, and has honorable record in his country's history. been followed by expressions of its satisfaction. .Ample and repeated proofs of the esteem. and conii.dence in which he IDgh praise is due to the officers and men engaged in this service• was held by his fellow-countrymen were manifested by his election to The restoration of peace on the Isthmus by the re-establishment of offices of the most important trust and highest dignity; and at length, the constituted government there being thus accomplished, the forces full of years and honors, he has been laid at rest amid universal sorrow of the United States were withdrawn. and benediction. Pending these occurrences a question of much importance was pre~ The Constitution which requires those chosen to legislate for the peo sented by decrees ofthe Colombian Government, proclaiming theclos~ ple to annually meet in the discharge of their solemn trust also requires ure of certain ports then in the hands of insurgents, and declaring ves the President to give to Congress information of the state of the Union sels held by the revolutionists to be piratical and liable to capture by and recommend to their consideiation such measures as he shall deem any power. To neither of these propositions could the United States 110 CONGRESSIONAL REOORD-SEN ATE. DECEMBER 8, assent. An effective closure of ports not in the possession of the gov- the competition between land carriage and water carriage fully devel· emment, but held by hostile partisans, could not be recognized; neither : oped, each acting as a protection to the public ~oainst the tendencies could the vessels of insurgents against the legitimate sovereignty be to monopoly which is inherent in the consolidation of wealth and power deemed lwstes humani generis within the precepts of international law, in the hands of vast corporations. whatever might be the definition and penalty of their acts under the These suggestions may serve to emphasize what I have already said municipal law of the state against whose authority they were in revolt. on the score of the necessity of a neutralization of any interoceanic The denial by this Government of the Colombian propositions did not, transit; and this can only be accomplished by making the uses of the however, imply the admission of a belligerent status on the part of the route open to all nations and subject to the ambitions and warlike insurgents. necessities of none. The Colombian Government has expressed its willingness to nego- The drawings and repOTt of a recent survey of the Nicaragua Canal tiate conventions for the adjustment by arbitration of cla.ims by foreign route, made by Chief Engineer Menocal, will. be communicated for citizens arising out of the destruction of the city of Aspinwall by the your information. - insurrectionary forces. The claims of citizens of the United States for losses by reason of the The interest of the United States in a practicable transit for ships late military operations of Chile in Pet·u and Bolivia are thesubject of across the strip of land separating the Atlantic from the Pacific has been negotiation for a claims convention with Chile, providing for their sub- repeatedly manifested during the last half-century. mission to arbitration. b1y immediate predecessor caused to be negotiated with Nicaragua a The harmony of our relations with China is fully sustained. treaty for the construction by and at the sole cost of the United States In the application of the acts lately passed to execute the treaty of of a canal through Nicaraguan territory, and laid it before the Senate. 1880, restrictive of the immigration of Chinese laborers into the United· Pending the action of that body thereon, I withdrew the treaty for re- States, individual cases of hardship have occurred beyond the power of examination. Attentive consideration of its provisions leads me to the Executive to remedy, and calling for judicial determination. withhold it from resubmission to the Senate. The condition of the Chinese question in theWestern States and Tar- Maintaining, as I do, the tenets of a line of precedents from Wash- ritories is, despite this restrictive legislation, far from being satisfactory. ington's day, which proscribe entangling alliances with foreign states, The recent outbreak in Wyoming Territory, wherenumbersofunoffend I do not favor a policy of acq1.tisition of new and distant territory or the ing Chinamen, indisputably within the protection of the treaties and the incorporation of remote interests with our own. law, were murdered by a mob, and the still more recent threatened out- The laws of progress are vital .and organic, and we must be conscious break of' the same character in Washington Territory, are fresh in the of that irresistible tide of commercial expansion which, as the concomi- minds of all, and there is apprehension lest the bitterness of feeling taut of our aetive civilization, day by day, is being urged onward by against the Mongolian race on the Pacific slope may find vent in similar those increasing facilities of production, transportation, and communi- lawless demonstrations. All the power of this Government should be cation to which steam and electricity have given birth; but our duty in exerted to maintain the amplest good faith toward China in the treat the present instructs us to address ourselves mainly to the development ment of these men, and the inflexible sternness of the law in bringing of the vast resources of the great area committed to our charge, and to the wrongdoers to justice should be insisted upon. the cultivation of the arts of peace within our own borders, though jeal- Every effort has been made by this Government to prevent these violent - ously alert in preventing the American hemisphere from being involved outbrea.ks and to aid the representatives of China in their investigation in the political problems and complications of distant governments. of these outrages; and it is butjusttosaythat they are traceable to the Therefore, I am unable to reoommend propositiom involving paramount lawlessness of men not citizens of the United States engaged in compe privileges of ownership or right outside of our own territory, when tition with Chinese laborers. coupled with absolute and unlimited engagements to defend the terri- Race prejudice is the chief factor in orjginating these disturbances, torial integrity of the state where such interests lie. While the general and it E)xists in a large part of our domain, jeopardizing our domestic project of connecting the two oceans by means of a canal is to be encour- peace and the good relationship we strive to maintain with China. aged, I am of opinion that any scheme to that end to be considered with The admitted right of a government to prevent the influx of elements favor should be free from the features alluded to. hostile to its internal peace and security may not be questioned, even • The Tehuantepec route is_declared by engineers of the highest re- where there is no treaty stipulation on the subject. That the exclusion pute and by competent scientists to afford an entirely practicable of Chinese labor is demanded in other coun~ries where like conditions transit for vessels and cargoes, by means of a ship-railway, from the prevail is strongly evidenced in the Dominion of Canada, where Chinese Atlantic to the Pacific. The obvious advantages of such a route, if immigration is now regulated by laws more exclusive than our own. feasible, over others more remote from the axial lines of traffic between If existing laws are inadeqnate to compass the end in view, I shall be Europe and the Pacific, and particularly between the valley of the prepared to give earnest consideration to any further remedial measures, Mississippi and the western coast of North and South America., are de- within the treaty limits, which the wisdom of Congress may devise. serving of consideration. The independent state of the Congo has been organized as a govern- Whatever highway may be constructed across the barrier dividing ment, under the sovereignty of His Majesty the King of the Belgians, the two greatest maritime areas of the world must be for the world's who assumes itB chief magistracy in his personal characieronly, without benefit, a trust for mankind, to be removed from the chance of domina- . making the new state a dependency of Belgium. It is fortunate that tion by any single power, nor become a point of invitation for hostilities a benighted region, owing all it has of quickening civilization to the or a prize for warlike ambition. An engagement combining the con- beneficence and philanthropic spirit of this monarch, should have the struction, ownership, and operation of such a work by this Government, · advantage and security of his benevolent supervision. with an offensive and defensive alliance for its protection, with the for- The aclion taken by this Government wt year in being the first to eign state whose responsibilities and rights we would share, is in my recognizetheflagofthe International Association of theConf!o has been judgment inconsistent with such dedication to universal and neutral followed by formal recognition of the new nationality which succeeds use, and would, moreover, entail measures for its realization beyond to its sovereign powers. the scope Qf our national polity or present means. A conference of delega.tes of the principal commeJ;,cial nations was The lapse of years has abundantly confirmed the wisdom and fore- held at Berlin last winter to discuss methods whereby the Congo Ba.<>in sight of those earlier administrations which, long before the conditions might be kept open to the world's trade. Delegates attended on be· of maritime intercourse were changed and enlarged by the progress of half of the United States on the understanding that their part should the age. proclaimed the vital need of interoceanic transit across the be merely deliberative, without imparting to the results any binding American Isthmus, and consecrated it in advance to the common use character so far as the United States were concerned. 'This reserve of mankind by their positive declarations and through the formal ob- was due to the indisposition of this Government to share in any dis ligation of treaties. Toward such realization the efforts of my admin- posal by an international congress of jurisdictional questions in remote istration will be applied, ever bearing in mind the principles on which foreign territories. The results of the conference were embodied in a it must rest, and which were declared in no uncertain tones by Mr. formal act of the nature of an international convention, which laid Cass, who, while Secretary of State, in 1858, announced that "what down certain obligations purporting to be binding on the signatories, the United States want in Central America, next to the happiness of subject to ratification within one year. Notwithstanding the reserva. its people, is the security and neutrality of the interoceanic routes tion under which the delegates of the United States attended, their which lead through it.'' signatures were attached to the general act in the same manner as those The construction of three transcontinental lines of railway, all in sue-- of the plenipotentin.ries of other government
By restoring these revenues to the public use the consular service would The amount paid on the public debt during the :fiscal year ended beself-supporltng, even with a liberal increaseofthepresentlow salaries. June 30, 1885; was $45,993,235.43; and tb,ere ha.s been paid since that In furtherprevention of abuses, a system of consular inspection should date and up to November 1, 1885, the sum of $369,828, leaving the be instituted. amount of the debt at the last-named date $1,514,475,860.47. There The appointment of a limited number of secretaries of legation at was, however, at that time in the Treasury, applicable to the general large, to be assigned to duty wherever necessary, and in particular for purposes of the Government, the sum of $66,818,292. 38. temporary service at missions which for any cause may be without a The total receipts for the current fiscal year, ending June 30, 1886, head, should also be authorized. ascertained to October 1, 1885, and estimated for the remainder.of the I favor, also, authorization for the detail of officers of the regular year, are $315,000,000. The expenditures ascertained and estimated service as military or naval attaches at legations. for the same time are $245,000,000, leaving a surplus at the close of Some foreign governments do no1; recognize the union of consular with the year estimated at $70,000,000. diplomatic functions. Italy and Venezuela will only receive the ap The value of the exports from the United States to foreign countries pointee in one of his two capacities, but this does not prevent the require during the last :fiscal year was as follows : ment of a bond and submission to the responsibilities of an office whose Domestic merchandise------$726, 682,946 duties he can not discharge. The superadded title of consul-general Foreign merchandise------15,506,809 should be abandoned at all missions. I deem it expedient that a well-devised mea.sure for the reorganiza 742,189,755 tion of the extraterritorial courts in Oriental countries should replace Gold _____ ------______------__ ------8, 477, 892 the present system, which labors under the disadvantage of combining Silver------____ ------33, 753, 633 judicial and executive functions in the same office. In several Oriental countries generous offers have been made of prem 784,421,280 ises for housing the legations of the United States. A grant of land for that purpose was made some years since by Japan, and has been referred Some of the principal exports, with their values and the percentage to in the annual messages of my predecessor. The Siamese Government they respectively bear to the total exportation, are given as follows: bas made a gift to the United States of commodious quarters in Bang kok. In.Corea, the late ministerwa.s permitted to purchase a building .Articles. Value. Percent from the government for legation use. In China, the premises rented age. for the legation are favored as to local charges. At Tangier, the house Cotton and cotton manufactures...... $213,799, 049 29.4.2 occupied by our representative has been for many years the property 22.f!T of this Government, having been given for that purpose in 1822 by the ~:==s.::::::::::::::::::::::::::::::::::::::::·:::.:·.:·.:::::::::::::::::::: ~~:~g:~ 14.77 Sultan of Morocco. I approve the suggestion heretofore made, that, in Oils-mineral, vegetable, and animal...... 54,326, 202 7.48 Tobacco and its manufactures ...... 24, 767, S05 3.4.1. view of the conditions of life and administration in the Eastern conn Wood and its manufactures ...... 21, 4.64, 322 2.95 tries, the legation buildings in China, Japan, Corea, Siam, and perhaps Persia, should be owned ami furnished by the Government, with a view to permanency and security. To this end I recommend that authority Our imports during the year were as follows: be given to accept the gifts adverted to in Japan and Siam, and to pur l\Ierchandise------' ~------$579, 580,053 80 chase in the other countries named, with provision for furniture .and Gold------26,691,696 00 repairs. A considerable saving in rentals would result. Silver------16,550,627 00 The Wodd's Industrial Exposition, held at New Orleans last winter, • with the assistance of the Federal Government, attracted a large num 622, 822, 376 80 ber of foreign exhibits, and proved of great value in spreading among the concourse of visitors from Mexico and Central and South America The following are given a.s prominent articles of imports during the a wider knowledge of the varied manufactures and productions of this year, with their values and the percentage they bear to the total im country and their availability in exchange for the productions of those portation: region.s. , Percent Past Congresses have had under con.sideration the advisability. of .Articles. Value. age. abolishing the discrimination made by the tariff laws in favor of the works of American artists. The odium of the policy which subjects to Sugar and molasses ....•...•. ·...... ••...... •••..•..••.•..•••...••..•... $76, 738, 713 13.29 a high rate of duty the paintings of foreign artists and exempts the pro Coffee ...... 4.6, 723,318 8.09 du0tion.s of American artists residing abroad, and who receive gratni Wool and its manufactures••...... •.•...... •.•••••.••..••..... 4.4,656,4.82 7.73 rously advantages and in.strnction, is visited upon our citizen.s engaged Silk and its manufactures ...... 4.0,393,002 6.99 Chemicals, dyes, drugs, and medicines.....•.••...•..••.•...... 35,070,816 6.07 in art culture in Europe, and has caused them, with practical unani Iron and steel and their manufactures ...... •...•..•••.••.. " ••. 34,563,689 5.98 mity, to favor the abolition of such an ungracious distinction; and in Flax, hemp, jute, and their manufactures.•.....•.....•.•.... 32,854,874 5.69 their interest, and for other obvious rea.sons, I strmigly recommend it. Cotton and its manufactures...... 28,152,001 4.88 The report of the Secretary of the Treasury fully exhibits the con Hides and skins other than fur skins ...... •...... 20, 586, 4.43 3.56 dition of the public :finances and of the several branches of the Govern ment connected with his Department. The suggestions of the Secre Of the entire amount of duties collected 70 per cent. was collected tary relating to the practical operations of this important Department, from the following articles of import: and his recommendations in the direction of simplification and econ Percentage. omy, particularly in the work of collecting customs duties, are espe Sugar and molasses ______------29 cially urged upon the attention of Congress. Wool and its manufactures------~------15 The ordinary receipts from all sources for the :fiscal year ended June Silk and its manufactures------8 30, 1885, were $322,690,706.38. Of this sum $181,471,939.34 wa.s re Iron and steel and their manufactures______7 ceived from customs and $112,498,725.54 from internal revenue. The Cotton manufactures------6 total receipts, as given above, were $24,829,163.54less than those for Flax, hemp, and jute, and their manufactures______5 the year ended J nne 30, 1884. This diminution embraces a falling off of The fact that our revenues are in excess of the actual needs of an $13,595,550.42 in the receipts from customs and $9,687,346.97 in the economical administration of the Government justifies a reduction in receipts from internal revenue. . the amount exacted from the people for its support. Our Government The total ordinary expenditm·es of the Government for the fiscal is but the means established by the will of a free people, by which cer year were $260,226,935.50, leaving a surplus in the Treasury at the tain principles are applied which they have adopted for their benefit close of the year of $63,463,771.27. This is $40,~29,854.32less than and protection; and it is never better administered and its true spirit is the surplus reported at the close of the previous year. never better observed than when the people's taxation for its support The expenditures are classified as follows: is scrupulously limited to the actual necessity of expenditure, and dis For civil expenses------·------·--- $23,826,942 11 tributed aceording to a just and equitable plan. For foreign intercourse ------5, 439,609 11 The proposition with which we have to deal is the reduction of the Forlndians------6,552,494 63 revenue received by the Government, and indirectly paid by the peo Forpensions------56,102,267 49 ple from customs duties. The question of free trade is not involved, For the military, including river and harbor improve- nor is there now any occasion for the general discussion of the wisdom menta and arsenals------42, 6i0, 578 47 or expediency of a protective system. For the Navy, including vessels, machinery, and im- Justice and fairness dictate that in any modification of our present provements of navy-yards------16,021,079 69 laws relating to revenue the industries' and interests which have been For interest on the public debt------51,386, 256 47 encouraged by such laws, and in which our citizen.s have large invest For the District of Columbia______3, 499, 650 95 ments, should not be ruthlessly injured or destroyed. We should also For miscellaneous expenditures, ~eluding public · deal with the subject in· such manner as to protect the interests· of buildings, light-houses, and collecting the revenue. 54, 728, ~56 21 American labor, which is the capital of our workingmen; its stability XVII-8 114 CONGRESSIONAL RECORD-SENATE. DECEMBER 8,
and proper remuneration fa:rni.sh the m"OSt justifiable pretext for a pro- The most distinguished advocate of bimetallism, discussing our sil- tective policy. ver comage, has lately written; . Within these limitations a certain reduction should be made in our ''No American citizen's hand has yet felt the sensation of cheapness, customs revenue. The amount of such reduction ha-ving been deter- either in receiving or expending the silver-act dollars.'' mined, the inquiry follows, where can 1t best be remitted ami what And those who live by labor or legitimate trade never will feel that articles can best be released from duty, in the interest of our citizens? sensation of cheapness. However plenty silver doll.ars may become, I think the reduction should be made in the revenue derived from a they will not be distributed as giftB among the people ; and if the tax upon the imported necessaries of life. We thus directly lessen the laboring man should receive four depreciated dollars where he now cost of living in every family of the land, and release to the people in receives but two, he will pay in the depreciated coin more than double every humble home a larger measu.re of the rewards of frugal industry. the price he now pays for all the necessaries and comforts of life. During the year ended November 1, 1885, one hundred and forty-five 'I'ho e who do not fear any disastrous consequences arising from the national banks were organized, with an aggregate capital of$16,938,000, continued compulsory coinage of silver as now directed by law, and andcircnlatingnoteshavebeenissued tothemamoun~gto$4,274,910. who suppose that the addition to the currency of the country intended The whole number of these banks in existence on the day above men- as its result will be a public benefit, are reminded that history demon tioned was 2, 727. · strates that the point is easily reached in the attempt to float at the The very limited amount of circulating notes issued by our national same time two sorts of money of different excellence, when the better banks compared with the amount the law permits them to issue, upon will cease to be in general circulation. The hoarding of gold, which a. deposit of bonds for their redemption, indicates that the volume of has already taken plare, indicates that we shall not escape the usual our circulating medium may be largely increased through this instru- experience in such eases. So if this silver coinage be continued we may mentality. reasona-bly expect that gold and its equivalent will abandon the field Nothing more important than the present condition of our currency of circulation to silver alone. This, of course, must produce a evere and coinage can claim your attention. contraetion of our circulating medium, instead of adding to it. Since Febrrurry, 1878, the Government has, under the compulsory It will not be disputed that any attempt on the part of the Govern provisions of law, purchased silver bullion and coined the same at the ment to canse the circulation of silver dollars worth eighty cents, side rate of more than 2,000,000 every month. By this process np to the by side with gold dollars worth one hundred cents, even within the present date 215,759,431 silver dollars have been coined. limit that legislation does not run counter to the laws of trade, to be .A. reasonable appreciation of a delegation of power to the General successful must be seconded by the confidence of the people that both Government would limit its exercise without express restrictive words coins W'.Jl retain the same purchasing power and be interchangeable at t~ the people's needs and the requirements of the public welfare. will. .A. special effort has been made by the Secretru·y of the Treasury Upon this theory, the authority to "coin money" given to Congress to increase the amount of our silver coin in circulation; but the fact by the Constitution, if it permits the purchase by the Government of that a large share of the limited amount thus pnt out has soon returned bullion for coinage in any event, does ·not justify such purchase and to the public Treasury in payment of duties, leads to the belief that coinage to an extent beyond tb,e amount needed for a sufficient circu- the people do not now desire to keep it in hand; and this, with the lating medium. evident disposition to hoard gold, gives rise to the suspicion that there The desire to utilize the silver product of the country should not lead already exi.sts a lack of confidence among the people touching our finan- to a misuse or the perversion of this power. cial processes. There is certainly not enough sUr-er now in circulation · The neeessityforsuchanaddition to the silver currencyofthenation to cause uneasiness; and the whole amount coined and now on hand as is compelled by the silver-coinage act is negatived by the fact that might after a time be absorbed by the people without apprehension; up to the present time only about fifty millions of the silver dollars so but it is the ceaseless stream that threatens to overflow the land which coined have actnally found their way into circulation, leaving more than causes fear and uncertainty. one hundred and sixty-five millions in the possession of the Govern- What has been thus far submitted upon this subject relates almost ment, the custody of which has entailed a considerable expense for the entirely to considerations of a home nature, unconnected with the bear construction of vaults for its deposit. Against this latter amount there ing which the policies ofothernationshave npon the question. But U are outstanding silver certificates amounting to about $93,000,000. is perfectly apparent that a line of action in :regard to our currency can Every month two millions of gold in the public Treasury are paid out not wisely be settled upon or persisted in without considering the atti for two millions or more of silver dollars, to be added to the idle mass tnde on the subject of other countries with whom we maintain inter already accumulated. course through commerce, trade, and travel. An acknowledgment of If continued long enough, this operation will reSult in the snbstitn- this fact. is found in the act by virtue ofwhichoursilveris compulsorily tion of silver for all the gold the Government owns applicable to its coined. It provides that "the President shall invite the governments general purposes. . It will not do to rely npon the customs receipts of of the countries composing the Latin Union, so called, and of such other the Government to make good this drain of gold, because the silver European nations as he may deem advisable, to join the United States thus coined having been made· leoooal tender for all debts and dues, in a conference to adopt a commonrntio between gold and silver for the public and private, at times during the last six months 58 per cent. of purpose of estab~hing internationally the use of bimetallic money and the receipts for duties have been in silver or silver certificates, while securing fixity of relative value between these metals." the average within that period has been 20 per cent. The proportion This conference absolutely failed, and a similar fate has awaited all of silver and its certificates received by the Government will probably subsequent efforts in the same direction. And still we continue our increase as time goes on, for the reason that the nearer the period ap- coinage of si1 ver at a ratio different from that of any other nation. The proaches when it will be obliged fu offer silver in payment of its obli- most vital part of the silver-coinage act remains inoperative and unexe gations, the greater inducement there will be to hoard gold against de- cuted, and, without an ally or friend, we battle. upon the silver field in preciation in the value of silver, or for the purpose of speculating. an illogical and losing contest. This hoarding of gold has already begun. To give fnll effect to the design of Congress on this subject I have When the time comes that gold has been withdrawn from circula- made careful and earnest endeavor since the adjournment of the last tion, then will be apparent the difference between the real value of Congress. the silver dollar and a dollar in gold, and the two coins will part com- To this end I delegated a gentleman well instructed in fiscal science pany. Gold, still the standard of value, and necessary in our dealings to proceed to the financial centers of Europe, and, in conjunction with with other countries, will be at a. premium over sHver; banks which our ministers to England, Fmnce, and Germany, toobtainafullknowl have substituted gold for the deposits of their customers may pay edge of the attitude and intent of those governments in respect of the them with silver bought with such gold, thus making a handsome establishment of such an international ratio aswonldprocurefree coin profit; rich speculators will sell-their hoarded gold to their neighbors, age of both metals at themints~fthoseconntriesandonrown. By my who need it to liquidate their foreign debts, at a ruinous premium over direction our consul-general at Paris has given close attention to the silver, and the laboring men and women of ·the land, most defenseless proceedings of the congress of the Latin Union, in order to indicate our of all, will find that the dollar received for the wage of their toil has interest in its objects and report its action. sadly shrunk in its purchasing power. It may be said that the latter It may be said, in brief, as the result of these efforts, that the atti resnlt will be but temporary, and that ultimately the price of labor tnde of the leading powers remains substantially unchanged since the will be adjusted to the change; but even if this take& place the wage monetary conference of1881, nor is it to be questioned that the views worker can not possioly gain, but must inevitably lose, since the price of these governments are in each instance supported by the weight of he is compelled to pay for his living will not only be measured in a public opinion. • . coin heavily depreciated, and :fluctuating and uncertain in its valne, The steps thus taken have therefore only more fully demonstrated but this uncertainty in the value of the purchasing medium will be the uselessness of further attempts at present to arrive at any agree- made the pretext for an advance in prices beyond that justified by act- menton the subject with other nations. ' ual depreciation. · In the mean time we are accumulating silver coin, based upon·our The words uttered in 1834 by Daniel Webster in the Senate of the own peculiar ratio, to such an extent, and assuming so heavy a burden United States are true to-day; "The very man .of all others who has to be provided for in any international negotiations, as will render us the deepest interest in a. sound currency, and who 'SUffers most by mis- an undesirable party to .any future monetary conference of nations. . chievons legislation in money matters, is the man who earns his daily It is a significant fact that four of the five countries composing the bread by his daily toiL 11 Latin Union mentioned in our coinage act, embarrassed with their silver 1885. CONGRESSIONAL RECORD-- SENATE. 115
currency, have just completed an agreement among themselves that no the aid of this service. The cost of its maintenance during the year more silver shall be coined by their respective governments, and that was $828,474.43. · such as has been already coined and in circulation shall be redeemed The work of .the Coast and Geodetic Survey was, during the last in gold by the country of its coinage. The resort to this expedient by fiscal year, carried on within the boundaries and off the coasts of thirty these countries may well arrest the attention of those who sup~se that two States, two Territories, and the District of Columbia. In July we can succeed without shock or injury in the attempt to crrculate last certain irregularities were found to exist in the management of upon its merits all the silver we may coin under the provisions of our this bureau, which led to a prompt investigation of its methods. The silver-coinage act. abuses which were brought to light by this examination, and the reck· The condition in which our treasury may be placed by a persistence less disregard of duty aud the interests of the Government dev-eloped in our present course is a matter of concern to every patriotic citizen on the part of some of those connected with the service, made a change who does not desire his Government to pay in silver such of its obliga of superintendency and a few of its other officers necessary. Since the tions as should be paid in gold. Nor should our condition be such as bureau has been in new hands an introduction of economies and the to oblige us, in a prudent management of our affairs, to discontinue the application of business methods ha>e produced an important saving to callin.g in and payment of interest-bearing obligations which we have the Government and a p1·omise of more useful results. the right-now to discharge, and thus avoid the payment of further in This service has never been regulated by anything but the most in terest thereon. .de:finite legal enactments and the most unsatisfactory rules. It was The so-called debtor class, for whose benefit the continued compulsory many years ago sanctioned apparently for a purpose regarded as tem coinage of silver is insisted upon, are not dishonest because they are in porary, and related to a sur> ey of our coast. Ha>ing gained a place in debt; and they should not be suspected of a desire to jeopardize the the appropriations made by Congre.sS, it has gradually taken to itself financial safety of the country in order that they may cancel their pres powers and objects not contemplated in its creation, and extended its ent debts by paying the same in depreciated dollars. Nor should it be operations, until it sadly needs legislative attention. forgotten that it is not the rich nor the money-lender alone that must So far as a further survey of our coast is concerned, there seems to be submit to such a readjustment, enforced by the Government and their a propriety in transferring that work to the Navy Department. The debtors. The pittance of the widow and the orphan, and the incomes other duties now in charge of this establishment, if they cannot be prof of helpless beneficiaries of all kinds, would be-disastrously reduced. itably attached to some existing Department or other bureau, should The depositors in savings banks and in other institutions which hold in be proSecuted under a law exactly defining their scope and purpo e, and trust the savings of the poor, when their little accumulations are scaled with a ooreful discrimination between the scientific inquiries which down to meet the new order of things, would, in their distress, pain may properly be assumed by the Government and those which should fully realize the delusion of the promise made to them that plentiful be undertaken by State authority or by individual enterprise. money would improve their condition. It is hoped that the report of the Congressional committee heretofore We have now on hand all the silver dollars necessary to supply the appointed to investigate this and other like matters will aid in the present needs of the people, and to satisfy those who from sentiment accomplishment of proper legislation on this subject. wish to see them in circulation ; and if their co~e is suspended they The report ofthe Secretary of War is herewith submitted. The at can be readily obtained by all who desire them. If the need of more tention of Congress is invited to the detailed account which it contain is any time apparent, their coinage may be renewed. of the administration of his Department, and his recommendations and That disaster has not already overtaken us furnishes no proof that suggestions for the improvement of the service. danger does not wait upon a continuationofthe present silver coinage. The Army consisted at the da~ of the last consolidated returns of We have been saved by the most careful management and unusual ex 2,154 officers and 24,705 enlisted men. pedients, by a combination of fortunate conditions, and by a confident The expenses of the Departments for the :fiscal year ended J nne 30, expectation that the courseofthe Government in regard to silver coin 1885, including $13,164,394.60 for public works and river and harbor age would be speedly changed by the action of Congress. improvements, were $45,850,999.54.. Prosperity hesitates upon our threshold because of the dangers and Beside the troops which were dispatched in pursuit of the small band uncertainties surrounding this question. Capital timidly shrinks from of Indians who left their reservation in Arizona and committed mur trade, and investors are unwilling to take the chance of the question ders and outrages, two regiments of cavalry and one of infantry were able shape in which their money will be returned to them, while enter sent last July to the Indian Territory to prevent an outbreak which prise halts at a risk against which care and sagacious management do seemed imminent. Theyremained to aid ifnecessaryin the expulsion not protect. . • of intruders upon the reservation, who seemed to have caused the dis Af3 a necessary consequence labor lacks employment, and suffering content among the Indians, but the Executive proclamation warning and distress are visited upon a portion of our fellow-citizens especially them to remove was complied with without their interference. entitled to the careful· consideration of those charged with the duties of Troops were also sent to Rock Springs, in Wyoming Territory,.after legislation. No interest appeals to us so strongly for a safe and stable the massacre of Chinese there, to prevent further disturbance, and after currency as the vast army of the unemployed. ward to Seattle, in Washington Territory, to a\'ert a threatened attack I recommend the suspension of the compulsory coinage of silver dol upon Chinese laborers and domestic Ti.olence there. In both cas the lars, directed by the law passed in February, 1878. mere presence of the troops bad the desired effect. The steamboat inspection service on the 30th day of J t:.ne, 1885, was It appears that the number of desertions have diminished, but that composed of one hundred and forty persons, including officers, clerks, during the last fiscal year they numbered 2,927; and one instance is and messengers. The expenses of the service over the receipts were given by the Lieutenant-General of six desertions by the same recruit. $138,822.22 during the fiscal year. The special inspection of foreign I am convinced that this number of desertions can be much diminished steam vessels, organized under a law passed in 1882, was maintained by better discipline and treatment; but the punishment should be in during the year at an expense of $36,641.63. Since the close of the creased for repeated offenses. fiscal year reductions have been madein the force employed which will These desertions might al o be reduced by lessening the term of :first result in a saving during the current year of $17,000 without affecting enlistments, thus allowing a discontented recruit to contemplate a the efficiency of the service. nearer discharge and the Army a profitable riddance. After one term The Supervising Surgeon-General reports that during the fiscal year of service a re-enlistment would be quite apt to ecnre a contented re 41,714 patients have receivedreliefthrough the Marine-HospitalServ cruit and a good soldier. ice, of whom 12,803were treated in hospitals and 28,911 at the dispen The Acting Judge-Advocate-General reports that the number of trials saries. by general courts-martial during the year was 2,328, and that 11,851 Active and effective efforts have been made, through the medium of trials took place before garrison and regimental courts-martial. The this service, to protect the country against an invasion of cholera, which suggestion that probably more than half the Army have been tried for has prevailed in Spain and France, and the small-pox, which recently offenses, great and small, in one year, may well arrest attention. Of . broke out in Canada. course many of these trials before garrison and regimental courts-mar The most gratifying results have attended the operations of the Life tial were for offenses almost frivolous; and there should, I think, be a Saving Service during the last fiscal year. The observance of the pro way devised to dispose of these in a more summary and less inconven vision of law requiring the appointment of the force employed in this ient manner than by court-martial. service to be made ''solely with reference to their fitness; and without If some of the proceedings of courts-martial which I have had occa reference to their political or party affiliation," has secured the result sion to examine present the ideas of justice which generally prevail in which may confidently be expected in any branch of public employment these tribunals, I am satisfied that they should be much reformed, if where such a rule is applied. A.s a consequence, this service is com the honor and honesty of the Army and Navy are by their instrumen posed of men well qualified for the performance of their dangerous and tality to be vindicated and protected. exceptionally important duties. The board on fortifications or other defenses, appointed in pursuance The number of stations in commission at the close of the year was of the provisions of the act of Congress approved March 3, 1885, will 203. The number of disasters to vessels and craft of all kinds within in a short time present their report; and it is hoped that this may their field of action was 371. The number of persons endangered in greatly aid the legislation so necessary to remedy the present defense such disasters was 2,439, of whom 2,428 were saved and only lllost. less condition of our seacoasts. Other lives which were imperiled, though not by disasters to shipping, The work of the Signal Service has been prosecuted during the last year were also rescued, and a large amount of property was saved through with results of increasing benefit to the country'. The :field of instrnc- 116 CONGRESSIONAL RECORD-SENATE. DECEMBER 8, tion has been enlarged with a view of adding to its usefulness. The ours, having such an extended seacoast to protect. And yet we have number of stations in operation June 30, 1885, was 489. Telegraphic not a single vessel of war that could keep the seas against a first-class reports are received daily from 160 stations. Reports are also received vessel of any important power. Such a condition ought not longer to from 25 Canadian stations, 375 volunteer observers, 52 Army surgeons continue. The nation that can not resist aggression is constantly ex at military posts, and 333 foreign stations. The expense of the service posed to it. Its foreign policy is of necessity weak, and its negotiations during the fiscal year, after deducting receipts from military telegraph are conducted with disadvantage, because it is not in condition to en lines, was 792,592.97. In view of the fact referred to bytheSecretary force the terms dictated by its sense of right and justice. of War, that thework ofthis service ordinarily is of a scientific nature, Inspired, as I am, by the hope, shared by all patriotic citizens, that and the further fact that it is assuming larger proportions constantly, the day is. not very far distant when our Navy will be such as befits our and becoming more and more unsuited to the fixed rules which must standing among the nations of the earth, and rejoiced at every step that govern the Army, I am inclined to agree with him in the opinion that leads in the direction of such a consummation, I deem it my duty to it should be separately established. If this is done the scope and ex- especially direct the attention of Congress to the close of the report of tent of its operations should, as nearly as possible, be definitely pre- the Secretary of the Navy, in which the humiliating weakness of the scribed by law, and always capable of exact ascertainment. present organization of his Department is exhibited, and the startling The Military Academy at West Point is reported as being in a high n,buses and waste of its present methods are exposed. The conviction state of efficiency, and well equipped for the satisfactory aecomplish-. is forced upon us, with the certainty of mathematical demonstration, ment of the purposes of its maintenance. that before we proceed further in the restoration of a navy we need a The fact that the cla-ss which graduates next year is an unusually thoroughly reorganized Navy Department. The fact that within sev largeonehasconstrainedmeto decline to make appointments tosecond euteen years more than $75,000,000 have been spent in the construe lieutenancies in the Army from civil life, so that such vacancies as tion, repair, equipment, and armament of vessels, and the further fact exist in these places may be reserved for such graduates; and yet it is that, instead of an effective and creditable fleet, we have only the dis not probable that there will be enough vacancies to provide positions content and apprehension of a nation undefended by war vessels, added for them all when they leave the military school. Under the prevail- to the disclosures now made, do not permit us to doubt that every at ing law and usage those not thus assigned to duty never actively enter tempt to revive our Navy has thus far, for the most part, been misdi the military service. It is suggested that the law on this subject be rected, and all our efforts in that direction have been little better than changed, so that such of these young men as are not at once aSsigned blind gropings and expensive, aimless follies. to duty after graduation may be retained as second lieutenants in the Unquestionably, if we are content with the maintenance of a Navy Army if they desire it, subject to assignment when opportunity occurs, Department simply as a shabby ornament to the Government, a con and under proper rules as to priority of selection. stant watchfulness may prevent some of the scandal and abuse which The expenditures on account of the Military Academy for the last have found their way into our present organization, and its incurable :fiscal year, exclusiveofthe sum taken for its purposes from appropria- waste may be reduced to the minimum. But if we desire to build tions for the support of the Army, were $290,712.07. ships for present usefulness, instead of naval reminders of the days that The act approved March 3, 1885, designed to compensate officers and are past, we must have a department organized for the work, supplied enlisted men for loss of private property while in the service of the with all the talent and ingenuity our country affords, prepared to take United States, is so indefinite in its terms, and apparently admits so advantage of the experience of other nations, systematized so that all many claims the adjustment of which could. not have been contem- effort shall unite and lead in one direction, andfully imbued with the plated, that if it is to remain upon the statute-book it needs amend- conviction that war vessels, though new, are useless unless they com ment. bine all that t.he ingenuity of man has up to this day brought forth l'e- There should be a general law of Congress prohibiting the construe- lating to their construction. tion of bridges over navigable waters in such manner as to obstruct I earnestly commend the portion of the Secretary's report devoted to nayjgation, with provisions for preventing the same. It seems that this subject to the attention of Congress, in the hope that his sugges under existing statutes the Government can not intervene to prevent tions touching the reorganization of his Department may be adopted as 5UCh a construction when entered upon without its consent, though the first step toward the reconstruction of our Navy. when such consent is asked and granted upon condition, the authority The affairs of the postal service are exhibited by the report of the t.o insist upon such condition is clear. Thus it is represented that while Postmaster-General, which will be laid before you. the officers of the Government are with great care guarding against the The postal revenue, whose ·ratio of gain upon the rising prosperity of obstruction of navigation by a bridge across the Mississippi River at 1882 and 1883 outstripped the increasing expenses of our growing serv Saint Paul, a large pier for a. bridge has been built just below this place ice, was checked by the reduction in the rate of letter postage, which directly in the navigable channel of the river. If such things are to tookeffectwiththebeginningofOctoberinthelatteryear; anditdimin be permitted, a strong argument is presented against the appropriation ished' during the two past fi..scal years $2,790,000, in n,bout the propor oflarge sums ofmoneyto improve thenavigationofthis and otherim- tion of$2,270,000 in 1884 to $520,000 in 1885. Natural growth and port.ant highways of commerce. development have meantime increased expenditure, resulting in a deft- The report of the Secretary of the Navy gives a history of the opera- ciency in the revenue to meet the expenses of the Department of five tions of his Department and the present condition of the work com- and a quarter million dollars for the year 1884, and eight and a third mitted to his charge. million in the last :fiscal year. The anticipated and natural revival of He details in full the course pursued by him to protect the rights of the revenue has been oppressed and retarded by the unfavorable busi the Government in. respect of certain vessels unfinished at the time of ness condition of the country, of which the postal service is a faithful his accession to office, and also concerning the dispatch-boat Dolphin, indicator. The gratifying fact is shown, however, by the report, that claimed to be completed and awaiting the acceptance of the Depart- our returningprosperityis marked by againof$380,000in therevenue ment. No one can fail to see, from recitals contained in this report, ofthe latter half of the last year over the corresponding period of the that only the application of business principles has been insisted upon preceding year. in the treatment of these subjects, and that whatever controversy has The change in the weight of first-class matter which may be carried arisen was caused by the exaction on the part of the Department of for a single rate of postage, from a half ounce to an ounce, and the contract obligations as they were 1(\,ually construed. In the case of reduction by one-half of the rate of newspaper postage, which, under the Dolphin, with entire justice to the contractor, an agreement has recent legislation, begun with the current year, will operate to restrain been entered into providing for the ascertainment by a. judicial inquiry the augmentation of receipts which otherwise might have been ex of the complete or partial compliance with the contract in her construe- pected, to such a degree that the scale of expense may gain upon tion, and further providing for the assessment of any damages to the revenue and cause an increased deficiency to be shown at its close. which the Government may be entitled on account of a partial failure Yet, after no long period of reawakened prosperity, by proper economy, to perform such contract, or the payment of the sum still remaining it is confidently anticipated that even the present low rates, n:ow as unpaid upon her price, in case a full performance is adjudged. favorable as any country affords, will be adequate to sustain the cost The contractor, by reason of his failure in business, being unable to of the service. • complete the other three vessels, they were taken possession of by the The operation of the Post-Office Department is for the convenience Government in their unfinished state, under a clause in the contract per- and benefit of the people; and the method by which they pay the mitting such a course, and are now in process of completion in the yard charges of this useful arm of their public service, so that it be just and of the contractor, but under the supervision of the Navy Department. impartial, is of less importance to them than the economical expendi- Congress at its last session authorized the construction of two addi- ture of the means they provide for its maintenance and the due im tional new cruisers and two gunboats, at a cost not exceeding in the provement of its agencies, so that they may enjoy its highest useful- aggregate$2, 995,000. The appropriation for this purpose having become ness. · available on the 1st day of July last, steps were at once taken for the . A proper attention has been directed to the prevention of waste or procurement of such plans for the construction of these vessels as would extravagance, and good results appear from the report to have already be likely to insure their usefulness when completed. These are of the been accomplished. utmost importance, considering the constant ad vance in the art of build- I approve the recommendation of the Postmaster-General to reduce ing vessels of this character, and the time is not lost which is spent in the charges on domestic money-orders of $5 and less froni 8 to 5 cents. their careful consideration and selection. This change will materially aid those of our people who most of all All must admit the importance of an effective navy to a nation like avail.themseh'es of this instrumentality, but to whom the element of 1885. CONGRESSIONAL RECORD-SENATE. 117 cheapness is of the greatest importance. With this redu.ction the sys I think marshals and district attorneys sheuld be paid salaries, ad tem would still remain self-supporting. justed by a rule which will make them commensurate with services The free-delivery system has been extended to nineteen additional fairly rendered. cities during the year, and one hundred and seventy-eight now enjoy In connection with this subject I desire to suggest the advisability, its conveniencies. Experience has commended-it to those who enjoy if it be found not obnoxious to constitutional objection, of investing its benefits, and further enlargement of its facilities is due to other United States commissioners with the power to try and determine cer communities to which it is adapted. In the cities where it has been tain violations of law within the grade of misdemeanors. Such trials established, taken together, the local postage exceeds its maintenance might be made to depend upon the option of the accused. The multi by nearly $1,300,000. The limit to which this system is now confined plication of small and technical offenses, especially under the provis by law has been nearly reached, and the reasons given justify its ex ions of our internal-revenue law, render some change in our present tension, which is proposed. system very desirable, in the interests of humanity as well as economy. It was decided, with my approbation, after asufficient examination, The district courts are now crowded with petty prosecutions, involv to be inexpedient for the Post-Office Department to contract for carrying ing a punishment, in cases of conviction, of only a slight fine, while the our foreign mails under the additional authority given by the last Con parties accused are harassed by an enforced attendance upon courts gress. The amount limited was inadequate topay all within the pur held hundreds of miles from their homes. If poor and friendless they view of the law the full rate of 50 cents per mile, and it would have are obliged toremarn in jail during months, perhaps, that elapse before been unjust and unwise to havegivenitto someanddeniedittoothers. a session of the court is held, and are finally brought to trial surrounded Nor could contracts have been let under the law to all at a rate to have by strangers and with but little real opportunity for defense. · In the brought the aggregate within the appropriation, without such practical mean time frequently the marshal has charged against the Government prearrangement of terms as would have violated it. his fees for an arrest, the transportation of the a{!cused and the expense The rate of sea and inland postage, which was proffered under another of the same, and for summoning witnesses before a commissioner, a statute, clearly appears to be a fair compensation for the desired service, grand jury, and a court; the witnesses have been paid from the public being three times the price necessary to secure transportation by other funds large fees and traveling expenses, and the commissioner and dis vessels upon any route, and much beyond the charges made to private trict attorney have also made their chargea against the Government. persons for services not less burdensome. This abuse in the administration of our criminal law should be rem Some of the steamship companies, upon the refusal of the Postmas edied; and if the plan above suggested is not practicable, some other ter-General to attempt, by the means provided, the distribution of the should be devised. sum appropriated as an extra compensation, withdrew the services of The report of the Secretary of the Interior, containing an account of their ves5els and thereby occasioned slight inconvenience, though no the operations of this important Department and much interesting in considerable injury, the mails having been dispatched by other means. formation, will be submitted for your consideration. Whatever may be thought of the policy of subsidizing any line of The most intricate anddifficultsubject in charge of this Department public conveyance or travel, I am satisfied that it should not be done is the treatment and management of the Indians. I am satisfied that under cover of an expenditure incident to the administration of a De some progre.ss may be noted in their condition as a result of a prudent partment, nor should there be any uncertainty as to the recipients of administration of the present laws and regulations for their control. the subsidy, or any discretion left to an executive officer as to its dis Bnt it is submitted that there is lack of a fixed purpose or policy on tribution. If such gi.fts of the public money are to be made for the this subject, which should be supplied. It is useless to dilate upon the purpose of aiding any enterprise, in the supposed interest of the public, wrongs of the Indians, and as useless to indulge in the heartless belief I can not but think that the amount to be paid, and the beneficiary, that because their wrongs are revenged in their own atrocious manner might better be determined by Congress than in any other way. therefore they should be exterminated. The international congress of delegates from the Postal-Union coun They are within the care of our Government, and their rights are, or tries convened at Lisbon, in Portugal, in February last, and after a ses should be, protected from invasion by the most solemn obligations. sion of some weeks the delegates signed a convention amendatory of They are properly enough called the wards of the Government; and·it the present Postal-Union convention in some particulars designed.to ad should be borne in mind that this guardianship involves, on our part, vance its purposes. This additional act has had my approval and will efforts for the improvement of their condition and the enforcement of be laid before you with the departmental report. their rights. There seems to be general concurrence in the proposition I approve the recommendation of the Postmaster-General that an that the ultimate object of their treatment should be their civilization other assistant be provided for his Department. I invite your consid and citizenship. Fitted by these to keep pace in the march of progress eration to the several other recommendations contained in his report. with the advanced civilization about them, they will readily assimilate The report of the Attorney-General contains a history of the conduct with the mass of our population, assuming the responsibilities and re of the Department of Justice during the last year, and a number of ceiving the protection incident to this condition. · · valuable suggestions as to needed legislation; and I invite your careful The difficulty appears to be in the selection of the means to be at attention to the same. . · · present employed toward the attainment of this result. The condition ofbusiness in the courts of the United States is such Our Indian population, exclusive of those in Alaska, is reported as that there seems to be an imperative necessity for remedial legislation numbering 260,000, nearly all being located on lands set apart for their on the su~ject. Some of these courts are so overburdened with pend use and occupation aggregating over 134,000,000 acres. These lands ing causes that the delays in determining litigation amount often to a are included in the boundaries of one hundred and seventy-one reser denial of justice. Among the plans suggested for relief is one submit vations of different dimensions scattered in twenty-one States and Ter ted by the Attorney-General. Its main features are: The transfer of ritories, presenting great variations in climate and in the kind and all the original jurisdiction of the circuit courts to the district courts quality of their soils. Among the Indians upon these several reserva and an increase of judges fo:rthe latter where necessary; an addition of tions there exists the most marked di.trerences in natural" traits and judges to the circuit courts and constituting them exclusively courts of disposition and in their progress toward civilization. While some are appeal, and reasonably limiting appeals thereto; further restrictions of lazy, vicious, and stupid, others are industrious, peaceful, and intelli the right to remove causes from the State to Federal courts; permit gent; while a portion of them are self-supporting and independent, and ting appeals to the Supreme Court from the courts of the District of have so far advanced in civilization that they make their own laws, Columbia and the Territories only in the same cases as they are allowed administered through officers of their own choice, and educate their from State courts, and guarding against an unnecessary number. of children in schools of their own establishment and maintenance, others appeals from the circuit courts. still retain, in squalor and dependence, almost the savagery of their I approve the plan thus outlined, and recommend the legislation nec natural state. essary for its application to our judicial system. In dealing with this question the desires manifested by the Indians The present mode of compensating United States marshals and dis should not be ignored. Here, again, we find a great diversity. With trict attorneys should in my opinion be changed. They are allowed to iome the tribal relation is cherished with the utmost tenacity, while charge against the Government certain fees for services, their income its hold upon others is considerably relaxed; the love of home is strong being measured by the amount of such fees within a fixed limit as to with all, and yet there are those whose attachment to a particular lo their annual aggregate. This is a direct inducement for them to make cality is by no means unyielding; the ownership of their lands in sev their fees in criminal cases as large as possible in an effort to reach the eralty is much desired by some, while by others, and sometimes among maximum sum permitted. .As an entirely natural consequence, un the most civilized, such a distribution would be bitterly opposed. scrupulous :marshals are found encouraging frivolous prosecutions, ar The variation of their wants, growing out of and connected with the resting people on petty charges of crime and transporting them to dis character of their several locations, should be regarded. Some are upon tant places for examination and trial, for the purpose of earning mileage reservations most fit for grazing, but without flocks or herds; and some, and other fees; and district attorneys uselessly attend criminal exami on arable land, have no agricultural implements. While some of the nations far from their places of ;residence, for the express purpose of reservations are double the size necessary tQ maintain the number of swelling their accounts against the Government. The actual expenses Indians now upon them, in a few cases, perhaps, they should be en- incurred in these transactions are also charged against the Government. larged. · Thus the rights and freedom of our citizens are outraged, and public Add to all this the difference in the administration of the agencies. expenditures increased, for the purpose ef furnishing public officers pre While the same duties are devolved upon all, the disposition of the texts for increasing the measure of their compensation. agents and the manner of their contact with the Indians have much to 118 CONGRESSIONAL REOORD-SENATE. DEOEMBEB 8, do with their condition and welfare. The agent who perfunctorily per- dian Territory early last summer caused considerable alarm and uneasi fo:rms his duty and slothfully neglects an opportunity to advance their ness. Investigation proved that -their threatening attitude was due in moral and physical improvement, and fails to inspire them with a de- a great measure to the occupation of the land of their reservation by sire fo:r better things, will accomplish nothing in the direction of their immense herds of mttle, which their owners claimed were :rightfully civilization; while he who feels the burden
It appears from the report of the Commissioner of PensioDi that there The agricultuml interest of the country demands just recognition were on the l.Bt day of July, 1885, 345,125 persons borne upon the and liberal encouragement. It sustains with certainty and unfailing pension-rolls, who were classified as follows: Army invalids, 241,456; strength our nation's prosperity by the products of its steady toil, and widows, minor children, and dependent relatives of deceased soldiers, bears its full share of the burden of taxation without coml'laint. Our 78,841; Navy invalids, 2, 745; Navy widows, minor children, and de- agriculturists ha>e but slight personal representation in the counciLs of pendents, 1,926; surviveTS of the war of 1812, 2,945; and widows of the nation, and are generally content with the humbler dutie of citi those who served in that war, 17,212. About one man in ten of all zenship and willing to trust to the bounty of nat'ure for a reward of those who enlisted in the late war are reported as receiving pensions, their labor. But the magnitude and value of this industry is appre excl usi ve of the dependents of deceased soldiers. On the 1st of July, ciated when the statement is made that of our total annuul exports more 1875, the number of pensioners was 234,821, and the increase within than three-fourths are the products of agriculture, and of our total popu- the ten years next thereafter was 110,304. lation nearly one-half are exclusively engaged in that occupation. While there is no expenditure of the public funds which the people The Department of Agriculture was created for the purpose of a{!q_uir- more cheerfully approve than that made in recognition of the services ing and diffusing among the people useful information respecting the of our soldiers, living and dead, the sentiment underlying the subject subjects it has in charge, and aiding in the cause ofinteUigent and pro should not be vitiated by the introduction of any fraudulent practices. gressive farming by the collection of statistics, by testing the value and Therefore it is fully as important that the rolls should be cleansed of J]Sefulness of new seeds and plants, and distributing such as are found all those who by fraud have secured a place thereon as that meritori- desirable among agriculturists. This and other powers and duties with ous claims should be speedily examined and adjusted. The reforms in which this Department is invested are of the utmost importance, and if the methods of doing the business of this bureau which have lately been wisely exercised must be of great benefit to the country. The aim of inaugurated promise better results in both these directions. our beneficent Government is the improvement of the people in every The operations of the Patent Office demonstrate the activity of the station and the amelioration of their condition. Surely ouT agricult inventive genius of the country. For the year ended June 30, 1885, urists should not be neglected. The instrumentality established in aid the applications for patents, including reissues, and for the registration of the farmers of the land should not only be well equipped for the ac oftrade-marks and labels, numbered 35,688. During the same period complishment of its purpose, but those for whose benefit it bas been there were 22,928 patents granted and reissued, and1,429trade-marks adoptedshould beencouragedtoavailthemselvesfullyofitsad>antag . and labels n>.gistered. The number of patents issued in the year 1875 The prohibition of the importation into several countries of certain was14,387. Thereceiptsduringthelastfiscalyearwere$1,074,974.35, ofouranimalsand theirproducts, based upon the suspicion that health and the total expenditures, not including contingent expenses, 934,- is endangered in their use and consumption, suggests the imp(lrtance of 123.11. such precautions for the protection of our stock of all kind nooainst di - There were 9, 788 applications for patents pending on the 1st day of ease as will disarm suspicion of danger and cau e the remornl of such July, 1884, and 5,786 on the same date in the year 1885. There has an injurious prohibition. been considerable improvement made in the prompt determination of If the laws now in operation are :i.nsu:tiicient to accomplish tbi3 pro- applications and a consequent relief to expectant inventors. tection, I recommend their amendment to meet the necessities of the A number of suggestions and recommendations are conmined in the situation, and I commend ro the consideration of Congress the sugg1!& report of the Commissioner of Patents which are well entitled to· the tions contained in the .report of the Commissioner of Agriculture cal- consideration of Congress. culated to increase the val~e and efficiency of this Department. In the Territory of Utah the law of the United States passed for the The report of the Civil Service Commission, which will be submitted, suppressionofpolygamyhas been energetically and faithfully executed contains an· account of the manner in which the civil-service law ha during the past year, with measurably good results. A number of con- been executed during the last year, and much valuable information on victions have been secured for unlawful cohabitation, and in some cases this important subject. pleas of guilty have been entered and a slight punishment imposed I am inclined to think that thereisnosentimentmoregeneral in the upon a. promise by the acc:ased that they would not ai&in offend against minds of the people of our country than a conviction of the correctne the law, nor advise, counsel, aid, or abet, in any way, its violation by of the principle upon which the law enforcing civil-service reform i.:; others. based. In its present condition the law regulates onJy a part of the The Utah Commissioners express the opinion, based upon such infor- subordinate public positions throughout the country. It applies the mation as they are able ro obtain, that but few polygamous marriages test of fitness to applicants for these places by means of a competitive have taken place in the Territory during the last year. They further examination, and gives large discretion to the commissioners as to the report that while there can not be found upon the registration lists of character of the examination and many other .matters connect-ed with voters the name of a man actually guilty of polygamy, and while none its execution. Thus the rules and regulations adopted by the com.mis ofthat class are holding office, yet at the last election in the Territory ' sion have mnch ro do with the practical usefulness of the statute and all the officers elected except in one county were men who,_though not with the results of its application. actually living in the practice of polygamy, subscribe to the doctrine of The people may well trust the commission to execut-e the law with polygamous marriages as a divine revelation and a law unto-all higher perfect fairness and with as little irritation as is possible. But of course and more binding upon the conscience than any human law,· local or no relaxation of the principle which underlies it and no weakening of nationaL Thus is the strange spectacle presented of a community pro- the safeguards which surround it can be expected. Experience in its tooted by a republican form of government, to which they owe aile- administration will probably suggest amendment of the method of it giance, sustaining by their suffrages a principle ana a belief which sets execution, but I venture ro hope that we shall never aoo-ain be remitted at naught that obligation of absolute obedience ro the law of the land to the system which distributes public po itions pmely as rewards for which lies at the foundation of republican institutions. partisan service. Doubts may well be entertained whether our Gov- The strength, the perpetuity, and the destiny of the nation rest upon ernment could survive the strain of a continuance of this system, which our homes, established by the law of God, guarded by parental care, upon every change of ad.ministmtion inspires~ immense army of claim- regulated by parental authority, and sanctified by parental love. ants for office to lay siege to the patronage of Government, engrossing These are not the homes of polygamy. the time of public officers with their importunities, spreading abroad The mothers of our land, who rule the nation as they mold the the contagion of their disappointment, and filling the air with the characters and guide the actions of their sons, live according ro God's •tumult of their discontent. holy ordinances, and each, secure and happy in the exclusive love of The allurements of an immense number of offices and place , ex bib the father of her children, sheds the warm light of true womanhood, ited ro the voters of the land, and the promise of their bestowal in unperverted and unpolluted, upon all within her pure and wholesome recognition of partisan activity, debauch the suffrage and rob political family circle. action of ita thoughtful and deliberative character. The evil would These are not the cheerless, crushed, and unwomanly mothers of increase with the multiplication of offices consequent upon our exten- polygamy sion, and the mania for office-holding, growing from its indulgence, The fathers• of our famill" es are t h e bes t Citizens. . o f t h e R epubl' 1c. would pervad e our popu1a tion. so generall y t h at patriotic . . purpose, t h e Wife and children are the sources of patriotism, and conjugal and pa- support of principle, the desire for the public good, and solicitude for rental affection beget devotion to the country. The man who, unde- the nation's welfare would be nearly banished from the activity of our filed with plural marriage, is surrounded in his single home with his party contests and cause them ro degenerate into ignoble, selfish, and wife and children, has a stake in the country which inspires him with disgracefnl struggles for the possession of office and public place. respect for its laws and courage for its defense. Civil-service reform enforced by law came none too SO{)n to check the These are not the fathers of polygamous families. progress of demo.ralization. · · . There is no feature of thispractice, o.r thesy~ which sanctions it, One of its effects, not enough regarded, is the freedom it brings to which is not opposed to all that is of value in our institutions. the political action of those conservative and sober men who, in fear Thereshouldbenorelaxationinthe:fi.rm butjustexecutionofthelaw of the confusion and risk attending an arbitrary and sudden change in now in operation, and I should be glad to approvesuchfurtherdi.screet all the public offices with a change of party rule, cast their ballots legislation as will rid the country of this blot upon ita fair fame. against such a chance. Sincethepeopleupholding polygamy in our Territories are re-enforced Parties seem to be necessary, and will long continue to exist; nor by immigration from other lands, I recommend that a law be passed to can it be now denied that there are legitimate advantages, not discon p.revent the importation of Mormons into the country. nected with office-holding, whichfollowpartysupremacy. While par- 120 CONGRESSIONAL RECORD-SENATE. DEOE:MBER 8;
tisanship continues bitter and pronounced, and supplies so much o{ The PRESIDENT pro tempore. If there be no objection t.he message motive to sentiment and action, it is not fair to hold public officials in of the President and the a-ccompanying documents will lie on the table charge of important trusts responsible for the best results in the per and be Ol"dered to be printed. formance of their duties, and yet insist that they shall rely, in confiden ORDER OF 'BUSINESS. tial and important places, upon the work of those not only opposed to them in political affiliation, but so steeped in partisan prejudice and Mr. HOAR. I ask unanimous consent that the usual morning call rancor that they have no loyalty to their chiefs and no desire for their for petitions, bills, &c., may proceed until it is concluded, notwith standing it is past 1 o'clock. suc~ess. Civil-service reform does not exact this, nor does it require that those in subordinate positions who fail ·in yielding their best serv The PRESIDENT pro tempore. The Chair understands that under ice, or who are incompetent, should be retained simply because they the rules it is the duty of the Senate to proceed in that order, unless are in place. The whining of a clerk discharged for indolence or in otherwise ordered, there being no Calendar. competency, who, though he gained his place by the worst possible op ?tfr. HOAR. Very well. eration of the spoils system, suddenly discovers that he is entitled to FINANCE REPORT. protection under the sanction of civil-service reform, represents an idea The PRESIDENT pro tempore laid before the Senate the annual re no less absurd than the clamor of the applicant who claims the v~t port of the Secretary of the Treasury on the state of the finances for the position as his compensation for the most questionable party work. year 1885; w bich was referred to the Committee on Finance, and or The civil-service law does not prevent the discharge of the indolent dered to be printed. · or incompetent clerk, but it does prevent supplying his place with the COUET OF CLA.IMS REPORT. unfit party worker. Thus, in both these phases: is seen benefit to the The PRESIDENT pro tempore laid before the Senate the report of the public service. And the people who desire good government having chief clerk of the Court· of Claims, communicating, in obedience to law, secured this statute will not relinquish its benefits without protest. a statement of the judgments rendered by that court duringthe year Nor are they unmindful of the fact that its full advantages can only be ending November 30, 1885, &c.; which was referred to the Committee gained through the complete good faith of those having its execution in on Claims, and ordered to be printed. · charge. And this they will insist upon. I recommend that the salaries of the Civil Service Commissioners be REPORT OF SECRETARY OF SENATE. increased to a sum more nearly commensurate to their important duties. The PRESIDENT pro tempore laid before the Senate the report of It is a source of considefable and not unnatural discontent that no the Secretary of the Senate, communicating, in obedience to law, a adequate provision bas yet been made for accommodating the principal statement of the receipts and expenditures of the Senate from July 1, library of the Government. Of the vast collection of books and pam 1884, to June 30, 1885; which was ord~red to lie on the table and be phletsgatberedattheCapitoJ, numberingsomesevenhundred thousand, ·printed. exclusive of manuscripts, :n,.aps, and the products of the graphic arts, The PRESIDENT p1·o tempore also laid before the Senate a repor,t also of great volume :md value, only about three hundred thous:md vol from the Secretary of the Senate, communicating, in obedience to law, umes, or less than half the collection, are provided with shelf room. a full and complete statement of all property in his possession belong The others, which are increasing at the rate of from twenty-five to thirty ing to the United States December7, 1885, andoftbeamountsreceived thousand volumes a year, are not only inaccessible to the public, but from the sale of waste paper; which was referred to the Committee to are subject to serious damage and deterioration fl'Om other causes in Audit and Control the Contingent Expenses of the Senate, and ordered their present situation. · to be printed. A consideration of the fact that the Library of the Capitol bas twice PETITIONS AND MEMORIALS. been destroyed or damaged by fire, its daily increasing value, and its The PRESIDENT pro tempore presented a joint resolution of the importance as a place of deposit of books under the law relating to Legislature of New Hampshire; which was referred to the Committee copyright, make manifest the necessity of prompt action to insure its on Pub~c Lands, as follows: proper accommodation and protection. STATE OF NEW 1IAMPSHIB.E, My attention bas been called to a controversy which has arisen from In the year of our Lord one thousand eight hundred and eighty-five. the condition of the law relating to railroad facilities in the city of Join resolution in relation to our national domain. Washington, which has involved the comm.issioners of the District in Resolved by the senate and house of representatives in general court convened, That much annoyance and trouble. I hope this difficulty will be promptly whereas more than twenty million acres of the lands of the United States are now held by non-resident aliens, and in great measure by the titled and gov settled by appropriate legislation. erning class of Great Britain; and The commissioners represent that enough ofthe revenues of tbeDistrict 'Vhereas this non-resident ownership of lands in the United States may event are now on deposit in the Treasury of the United States to repay the snm ually lead to a system of alien landlordism, of which the unhappy condition of Ireland is a lamentable example; and , advanced by the Government for sewer improvements under the actof Whereas this system of ownership, whereby immense landed estates are in Jnne 30, 1884. They desire now an advance of the share which ulti posses.,don of a few individuals, to the exclusion of actual settlers, is incompat mately should be borne bytheDistricli oftbe cost of extensive impl'Ove ible with the best interests of the people, and antagonistic to our free institu tions; and mentsto tbestreetsoftbe city. The total expense ofthese contemplated Whereas our remaining public lands, so far as they are adapted to agriculture, improvements is estimated at $1,000,000, and they are of the opinion ought to be granted as homesteads, or sold in small quantities to actual settlers that a considerable sum could be saved ifthey bad all the money in hand, only, citizens of the United States or those intending to become such: There- fu~ 0 so that contracts for the whole work could be made at the same time. Resolved, That .American soil is for .Americans, and should be exclusively They express confidence that if the advance asked for should be made owned and controlled by American citizens, and those intending to become the Government would be reimbursed the same within a reasonable time. such; and Resolved, That our Senators in Congress be instructed and our Representatives I have no doubt that these improvements could be made much cheaper be requested t-o use their utmost endeavors in that body to secure the speedy if undertaken together and prosecuted according to a general plan. enactment of such laws as will secure exclusively to the American people the The license law now in force within the District is deficient and un public lands of the United States, and prevent sales to, or the vesting of title to the public lands in, any but citizens of this country or those intending to be· certain in some ofits provisions, and ought to be amended. The com come such, to be held by individuals only in modera te quantities, reserving all missioners urge, with good reason, the necessity of providing a build the unsold agricultural lands for homesteads for actual settlers; and ing for the use of the District government wbich shall better secure Resolved, That the governor be requested to send a copy of this joint resolu• tion to each of our Senators and Representatives in Congress, to the President the safety and preservation of its valuable books and records. · of the Senate, and to the Speaker of the House of Representatives, at the open The present condition of the law relating to the succession to the ing of the next session of Congress. Presidency in the event of the death, disability, or removal ofbotb the EDGAR ALDRICH, Speaker of the House of Representatives. President and Vice-President is such as to require immediate amend CHESTER PIKE, ment. This subject bas repeatedly been considered by Congress, but President of the Senate. · no result bas been reached. The recent lamentable death of the Vice .Approved August 28, 1885. President, and vacancies at the same time in all other offices the in MOODY CURRffiR, Governor. cumbents of which might immediately exercise the functions of the STATE OF NEW HAJIU>SHI.RE, SECRETARY's 0FFIOE, Presidential office, have caused public anxiety and a just demand that · Oonoo!'d, November 11, 1885. a recurrence of such a condition of affairs should not be permitted. I hereby certify that the foregoing is a correct copy of the orghi.al joint reso- lution. . In conclusion, I commend to the wise care and thoughtful attention In testimony whereof I have hereu nto subscribed my official signature and of Congress the needs, the welfare, and the aspirations of an intelligent affixed the seal of the S~ate. and generous nation. To subordinate these to the narrow advantages [sEAL.] A. P. THOMPSON, of partisanship, or the accomplishment of selfish aims, is to violate the Secreta1-y of State, people's tiust and betray the people's interests. But an individual The PRESIDENTpro temp01·e presented a memarialfrom the Choctaw sense of responsibility on the part of each of us, and a stern determi Nation favoringtheestablisbmentofcertaincourts, &c.; which was l"e nation to perform our duty well, must give us place among those who ferred to the Committee on the Judiciary. have added in their day and generation to the glory and prosperity of He also presented a petition of the Louisiana Educational Society our beloved land. favoring national aid to education; which was referred to the Commit- GROVER CLEVELAND. tee on Education and Labor. · WA:JIDNGTON, DecemlJer 8, 1885. He also presented a preamble and resolutions adopted at a meeting of 1885. CONGRESSIONAL RECORD- SENATE. 121 the merchants Of New Orleans favoring the construction ofa ship-rail devastate and depopulate the territory in this preamble mentioned, and for the way across the Isthmus of Tehuantepec; which were referred to ihe purpose of permanently reclaiming the same : Therefore, Committee on Commerce. Be it resolved by thehotise of representatilles (the senate concurrmg therein): First. That our Senators from this State be instructed, and our Representatives Mr. MORRILL. I present the petition of C. C. Bayley, of Wiscon in Congress be requested, to urge upon Congress the necessity of speedily enact sin, praying legislation providing for the Presidential succession in case ing such laws and making such appropriations as shall be adequate to free from of a vacancy by continuing the office of Presidential electors for four obstructions, cut the bends, and deepen, where necessary, the channel of the SaintFrancisRiverandsmallerstreamstribut.arythereto,whichformthenatural years. I move that it be referred to the Committee on Privileges and water ways for the drainage of the southeastern part of the State of Missouri Elections. and adjacent territory in the northeastern part of the State of Arkansas, known 1\ir. EDMUNDS. That propos(>S to change the Constitution, I think. as the "sunk or low lands," and to erect a levee along the bank of the Missis sippi River sufficient to protect said territory from inundations of that vast Therefore it ought to go to the Committee on the Judiciary. stream. The PRESIDENT pro tempore. It is proposed to refer the petition Second. That in order to promote the objects hereinbefore mentioned, and to the Committee on the Judiciarv. That order will be made if there that speedy action may be had in the premises, our Senators are further in structed, and our Representatives are further requested, to urge upon the Mis is no objection. • sissippi River Commission the necessity of using all honorable means in its Mr. HOAR presented a petition of Capt. George B. Proctor and power to secure from Congress the passage of the laws and appropriations herein others, who were commissioned officers of the Thirty-sixth Regiment contemplated, and the recommendation of a well-devised system of improve ments, consisting of dikes, levees, and drainage, in order that these rich bot• United States Colored Troops, praying compensation for services ren tom lands, now unfit for the habitation of mau, lying in the southeastern part dered from April to September, 1864; which was referred to the Com of our State, may be permanently recl.n.imed. mittee on Military Affairs. Third. Upon the adoption of these resolutions, the secretary of state is re quired to forward a copy thereof to each of our Senators and Representatives Mr. PLUMB presented a petition of the board of managers of the in Congress. · National Temperance Society, officially signed, praying for an amend Fourth. That a copy of these resolutions be forwarded to the Legislature of ment to the Constitution of the United States to prohibit the manu the State of Arkansas, and that said body be respectfully requested to join with the State of Missouri and make common cause with her in urging upon the at facture and sale of intoxicating beverages; which was referred to the tention of Congress ihe importance of the work and material aid herein !lolicited. Committee on Education and Labor. Approved Marchl8, 1885. Mr. VEST. I present various resolutions of the General Assembly of the State of Missouri upon different subjects. I will not ask that Joint and concurrent resolution instructing our ~enators and requesting our they be read at length, but I will ask that the Secretary shall read them Representatives in Congress to procure legislatiOn authorizing receivers of railroad companies appointed by Federal courts to be sued in local State by title and that they be printed in the RECORD. courts, and preserve the right of trial by jury in such suits. The PRESIDENT pro tempm·e. The Senatorfrom Missouri presents Whereas the circuit courts of the United States, in the exercise of ilieir powers certain reso1utions of the Legislature of Missouri and asks that they as courts of equit.y jurisdiction, have, of late, adopted the extraordinary prac be read·by their titles and printed in the RECORD. Is there objection? t ice of taking charge of and for years operating and managing railroads, often times embracing a system of t"Oads hundreds of miles in length and extending Mr. EDMUNDS. I wish to suggest to my friend from Missouri that into different and distinct States; and the printing ofmemorials, petitions, &c., in the REcoRD is expensive. ·whereas for the purposes aforesaid such courts appoint receivers with author Mr. ALLISON. These are memorials of a State Legislature. ity to make contracts and incur liabilities, but have refused and do refuse to per mit suits to be brought against the receivers in the local courts along the line Mr. EDMUNDS. I know it; but the memorial of a Legislature, al· of such roads at such places as the claims accrue for supplies, damages, and though read at the desk, I believe does not usually go into the RECORD other demanes, but require all litigants, however small their demands, to attend in full unless it iq so ordered. The printing of these things in the REc with witnesses and litigate at the place of sitting of such Federal courts, and at the same time deny them the right of trial by jury, thereby entailing on small ORD swells it to an enormous size, and makes it inconvenient. It should claimants an expense oftentimes largely in excess of their demands and practi be a record of proceedings and debates. Unless it is speeiaUy desira cally denying them any trial, and expressly denying the common-law right of ble in this instance to print the resolutions at length, I should rather trial: Now therefore, Be i£ resolved by the house of representatives (the senate conctLt-ring th.erein), That hear them read all the way through than to have them printed in the our Senators in Congress be instructed, and our Representatives requested, to RECORD without reading; but if the Senator from Missouri thinks it of procure such legislation as shall be necessary to secure to all persons the right much public importancethat the course he proposes oughtto betaken, to sue receivers of railroad companies appointed by Federal courts in the same places and courts of the States, and to prosecute to judgment, under the same I shall not object on this occasion. forms of law as is provided by State laws for suits against the companies, and 1rir. VEST. I have known the practice to obtain in both directions for such further legislation therein ·as will properly regulate and limit the pow in this body. I have known resolutions of the General Assemblies of ers of the Federal courts in their equitable inte:rference with and control over railroad companies, so a.s to preserve to the people their common law and con· States to be printed in the RECORD, at the request of a Senator, without stitutional rights. being read, in the interest of economy of time. I want the Legislature of Approyed March 19, 1885. my State to be treated with entire respect. I do not care about these res· olutions being read at length, but if there is any objection to their being Joint and concurrent resolution instructing our Senators and requesting our Representatives in Congress to favor the passage of an act giving pensions to printed, then I do ask that they be read, as is customary in this body, the survi>ing soldiers of the Mexican war. by the Secretary. They are very lengthy, and for that reason I pre Wherea.s the soldiers of the Mexican war have ever been held in grateful re ferred to have them printed without being read at the desk. membrance by the people of this Republic, and who, through their great achieve Mr. EDMUNDS. .As I understand, they will go in the RECORD if ments, won not only honor for the nation but placed within its control unlim to ited wealth in precious metals and an area of territory fit for a mighty empire; they are read. I do not object the Senator's suggestion. and The PRESIDENT pro tempore. The Senator from Missouri asks the Whereas the fruits of their labor and victories have been too long intrusted' unanimous consent of the Senate that the memorials be printed in the · to the annals of military renown, without due and considerate regard for their advanced age and increased necessities, and for the means of a livelihood be [ne] RECORD without being read. The Chair hears no objection, and that fitting the last years of a surviving soldier of the Mexican war; and order will be made. · Whereas it has been the policy of the Government of the United States to Mr. VEST. Let them be read by title. grant pensions as a reward to those who have faithfully served it in the hour of danger: Therefore, The PRESIDENT pro tempore. They will be read by their titles. · Be it resolved by the house of t;:epresentatives (the senate concurring therein), That The Chief Clerk read the resolutions by their titles; and they were our Senators in Congress be instructed, and our Representatives requestedt to ordered to be printed in the RECORD, as follows: urge upon Congress the passage of a bill granting pensions to surviving soldiers of the Ie.xican war and to the widows of those who are dead. Joint and concurrent resolution memorializing the Congress of the United States Resolved, That the secretary of state be requested to fw"'Ilish a copy of these for an appropriation or appropriations for the protection of the bottom lands resolutions to each of our Senators and Representatives in Congress of the in the southeastern part of the State of Missouri from annual inundations United States. from the Mississippi River and other sources. Approved March 19,1885. Whereas there is lying in the southeastern part of the State of Missouri a >ast domain of over one and one-fourth millions of acres of the most fertile and Joint and concurrent resolution instructing our Senators and Representatives heavily timbered lands to be found in the great valley of the Mississippi, or upon in Congress to vote against and use all honorable means to defeat the passage the continent of North America; and of the Buckner bill to suspend the further coinage of silver. Whereas during the years 1882, 1883, and 18&1 the inundations from the Mis Be it resolved by the house of representatives (the senate concurring therein), That sissippi River were greater ~han were ever before known in the history of the our Senators and Representatives in Congress be instructed to vote against and countl-y, while the destruction of property1 both private and public, amounted use all honorable means to defeat the passage of the Buckner bill to suspend the to millions of dollars, and a general desolation marked the whole face of the further coinage of silver. · · country; and Resolved, That the secretary of state be requested to furnish a. copy of these Whereas these bottom lands, if protected from the inundations from the Mis resolutions to each of our Senators and Representatives in Congress. sissippi River and rain-water overflows, would in a short period of time be con .Approved April3, 1885. verted into the thrifty homes of thousands of hardy yeomanry, yieldin~ to the Government millions of dollars for revenue, and supplying to the markets of the world untold treasures in the products of the soil; and Joint and concurrent resolution asking Congress to provide for the auditing and Whereas the bottom lands in the southeastern part of the State of Missouri adjustin!fJ,hc war debt of Missouri, and the appointment of a. commissioner, and northeastern part of the State of Arkansas maiuly depend for drainage upon whose duty it shall be to hear and determine the validity of the same, as re the river Saint Francis and tributaries thereto, now greatly obstructed by rafts, cited in seotion 52 of the constitution of State of Missouri, on the limi~tion of drift-wood, fallen timber, sand, and mud-bars, thereby impeding the natural legislative powers, which reads as follows: "Sec. 52. The General Assembly fiow of the water and causing it to overflow vast areas of country; and shall have no power to make any appropriation of money, or to issue any W!Jereas these vast bodies of fertile lands now subject to annual inundations bonds or other evidence for the payment on account or in recognition of any from .the Mississippi River and over~ows from local rains and heavy rainfaH claims audited or that may hereafter be audited by virtue of an act entitled runnmg from the water-sheds of the hill country north·and west of them, so as to 'An act to adjust the war debt of the State,' approved March 19, 1874, or a.ny prevent the settling up and cultivation of their greater part, may be thoroughly act of a similar nature, until after the claim so audited shall have been pre reclaimed by a judicious system of levees along the western bank of the Missis sented to and paid by the Government of the United States to the State of Mis sippi River, and by removing obstructions from, cutting the bends, and deepen- souri." ing the channel of the river Saint Francis and its small tributaries; and · Be it resolved by the house of representatives (the senate concurring therein), That Whereas, for the purpose of obtaining relief from the annual floods which our Senators be instructed, and our Representatives in Congress be requested, to 122 CONGRESSIONAL ~ECORD-SENATE. DEOEMBER 8,
use all honorable mea.ns to secure the appointment of a. comm.iB.sioner, whose He also introduced a bill (S. 5) to amend an act entitled "An act to duty it shall be to audit such cla.ims as are just and equit&ble, as cont~mylated in section 52 of the constitution of the State of Missouri as above remo\·ed l cited]. aid in the construction of a railroad and telegraph line from the Mis Approved April 3,1885. souri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other .purpo es," approved Jointa.ndconcurrentresolutionmemorializingtheCongressofthe United States July 1, 1862; also to amend an act approved July 2, 1864, and also an for an appropriation for the building of a levee on the west side of the Missis act approved May 7, 1878, both in amendment of said first-mentioned sippi River, extending from the city of Clarksville, 1\Io., to the mouth of the act; and to provide for a settlement of claims growing out of the issue Missouri River. of bonds to aid in the construction of certain of said railroads, and to Whereas there is in the counties of Pike, Lincoln, and Saint Charles a >ast do main of over 50,000 acres of the most fertile lands found in the great >a.lley of the secure to the United States the payment of all indebtedness of certain of Mississippi; and the companies therein mentioned; which was read twice by its title, and Whereas said lands are subject to overflow and inundation by the waters from referred to the Committee on the Judiciary. the Mississippi River; and Whereas said lands can be redeemed by the building of a levee from the city He also introduced a bill (S. 6) fixing the salaries of the several judges of Clnrksville, 1\Io., to the mouth of the Missouri Ri>er, a distance of only about of the United States district courts at $5,000 per annum., and for other 50 miles: Therefore, pnrpo es; which was read twice by its title, and referred to the Com Be a Tesolved by the house of Tepresentatives (the senate concurring therein), First. That our Senators from this State be instructed, and our Representatives in mittee on the Judiciary. Congress be requ.ested, to urge upon Congress the neoo ity of speedily secur He also introduced a bill (S. 7) making appropriation for the relief ing such legislation and such appropriations as will be sufficient to perma- of the First National Bank of Newton, Mass ; which was read twice by nently reclaim the above.mentioned v t body of land. • Second. Upon the adoption of these resolutions the secretary of sta~ is re its title, and referred to the Committee on Claims. quired to forward a copy thereof to each of ~nr Senators and RepresentaUves He alBO introduced a bill (S. 8) to provide for the distribution of pub in Congress. lic documents among the depositaries of public documents ; which was Approved April 3, 1885. read twice by its title, and, mth the accompanying paper, referred to the The PRESIDENT pro tempore. Does the Senator from Missouri move Committee on Printing. · -any reference of the resolutions? Mr. EDMUNDS introduced a bill (S. 9) w fix the day for the meet Mr. VEST. No, sir; let them lie on the table for the present. ing of the electors of President and Vice-President, and to provide for The PR:&giDENT pro tempore. They will lie on the table. and regulate the counting of the votes for President and Vice-President, Mr. COCKRELL. I present similar resolutions, oopies having been and the decision of questions arising thereon ; which was read twice by sent to each Senator and Representative from Missouri. Let the.m lie its title, and referred to the Committee on Privileges and Elections. on the table. He also introduced a bill (S. 10) to amend an act entitled "An act The PR:&giDENT pro temp01·e. The duplicates will also lie on the to amend • ection 5352 of the Revised Statutes of the United States, table. in reference to bigamy, and for other purposes,'' approved March 22, . Mr. COCKRELL presented the petition of Harmon Conley, of .r oplin, 1882; which was read twice by its title, and referred to the Committee Mo., praying to be reimbursed for certain losses sustained by him dur on the .T udiciary. ing the war of the rebellion; which was referred to the Committee on He also introduced a bill (S. 11) to provide for ascertaining and set Claims. tling private land claims in certain States and Territories; which was 1.Ir. MANDERSON presented th.e petition of.John C. Myers, formerly read twice by its title, and referred to the Committee on Private Land consul-general at Shanghai, China, praying reimbursement of moneys Claims. expended in exposing alleged frauds and irregularities in office of Oliver Mr. HARRIS introduced a bill (S. 12) to authorize the juries of the B. Bradfo.rd and George F. Seward; which waa referred to the Commit United States circuit and district courts w be used interchangeably, tee on Foreign.Rel.ations. and to provide for drawing talesmen; which was read twice by its title, Mr. LOGAN presented the petition of .Tohn Stafford, of Chicago, ill, and referred to the Committee on the .T udiciary. praying for an appropriation of $15,000forthe pu:rchaseofThom.as Le He also introduced a bill (S.13) for the relief ofWilliam .r. Smith, Clear's portrait of General U.S. Grant; which w~ referred to the Com late collector of customs for the port of Memphis, State of Tennessee ; mittee on the Library. which was read twice by its title, and referred w the Committee on Mr." BLAIR presented a petition of the Trinity Baptist church, of Finance. New York city, signed by the pastor and officers, praying for the ap He also introduced a bill (S. 14) for the relief of .T. W. Newman, pointment of a commission of inquiry concerning the alcoholic liquor administrator of Jacob Newman, deceased ; which was read twice by its traffic; which was referred to the Committee on Education and Labor. title, and referred to the Committee on Claims. . He also presented a petition of the Friends' Temperance Union, ot He also introduced a bill (S. 15) for the relief of the estate of Thomas New York, officially signed, praying for an amendment of the Consti Jones, deceased; which was read twice by its title, and referred to the tution of the United States to prohibit the manufacture and sale of all Gomm.ittee on Claims. alcoholic bevemges throughout the national domain; which was referred He also introduced a bill (S. 16) for the relief of Sallie Jarratt, exec tD the Committee on Education and Labor. utrix of Gregory Jarratt, deceased; which was read twice by its title, He also presented the petition of Will.ia.m Trefethen, of New Castle, and referred to the Committee on Claims. N.H., praying to be reimbursed for injury alleged to have been suffered He also introduced a bill (S. 17} for the relief of William G. Ford; by him in .consequence of carelessness of United States colored troops which was read twice by its title, and referred to the Committee on stationed at Fort Sullivan, Portsmouth Harbor, New Hampshire, in Claims. 1883; which was referred to the Committee on Claims. He also introduced n. bill (S. 18) for the relief of Pearson C. Mont Mr. FRYE presented a petition of the board of managers of the Na gomery, of Memphis, Tenn.; which was read twice by its title, and tional Temperance Society, officially signed, praying for a national com referred to the Committee on Claims. mission of inquiry concerning the alcoholic liquor traffic; which was He also introduced a bill (S. 19) for the relief of H. B. Wilson, admin .referred to the Committee on Education and Labor. istratoroftheesta.teofWilliam Tinder,deceased; which wasread twice by its title, and referred to the Committee on Claims. BILLS INTRODUCED. He also introduced a bill (S. 20) for the relief of Mrs. .Tulia. Elliott, Mr. HOAR introduced a bill (S. 1) to provide for .the performance of widow of Newell D. Elliott, deceased; which was read twice by its the duties of the office of President in case of the removal, death, resig title, and referred to the Committe on Claims. nation, or inability both of the President and Vice-President; which He also introduced a bill (S. 21) for the relief of Adelicia Cheatham; was read twice by its title, and referred to the Committee on Privileges which was read twice by its title, and referred to the Committee on and Elections. Claims. Mr. HOAR. I desire to introduce a bill concerning Federal elections He also introduced a bill (S. 22) for the relief of Martin and P. B. and w state before the title of the bill is read that it is a bill which I Murphy; which was read twice by its title, and referred to the Com introduce at the request of certain persons who are interested in one mittee on Claims. of the numerous patent ballot-boxes. I am not myself acquainted He also introduced a bill (S. 23) giving a military record to Thomas with all the details of the bill-I introduce it at the request of these Miller; which was read twice by its title, and referred to the Commit persons-but I generally favor :some scheme of th~ kind and I have tee on Military Affairs. entire confidence in the purity of the public purpose of the persons He also introduced a bill (S. 24) for the relief of Samuel B. Seat, ad ho have drafted the bill, but I do not deem myself responsible for its :mi.nistmtor of Christian Kropp, deceased; which was read twice by its de~. · title, and referred to the Committee on Claims. , The bill (S. 2) concerning Federal elections was read twice by its He also introduced a bill (S. 25) for the relief of the personal repre title, and referred to the Committee on Privileges and Elections. sentatives of Frank Williams, late postmaster at Paris, Tenn.; which Mr. HOAR also introduced .a bill (S. 3) to establish nniform sys was read twice by its title, and referred to the Committee on Post-Of tem()fbankrupt.cythroughout the United States; wbich was read twice fices and Post-Roads. by its title, and referred to the Committee on the Ju.diciary. He also introduced a bill (S. 26) for the relief of Reuben S . .Tones; He also introduced a bill (S. 4) to permit the owners of certain ves which was read twice by its title, and referred to the Committee on sels and the owners or underwriters of cargoes laden thereon to sue Claims. the United States; which was read twi~ by its title, and referred to the Mr.JJECX introduced a bill (S. 27) for the removal of all disabilities Committee on the Judiciary. imposed h y t"" ronrteenthamendmentto the Constitution of the United 1885. CONGRESSIONAL RECORD-SENATE. 123
States; which was read twice by ita title, and referred to the Commit He also introduced a bill (S. 54) to provide for the allotment of lands tee on the Judiciary. in severalty to Indians on the various reservations, and to extend the He also introduced a bill (S. 28) to authorize the payment of cus protection of the laws of the United Stntes and the Territories over the toms duties in legal-tender notes; which was read twice by its title, Indians, and for other purposes; which was read twice by its title, and and referred to the Committee on Finance. referred to the Committee on Indian Affairs. · He also introduced a bill (S. 29) to repeal certa.in laws relating to Mr. SAWYER introduced a bill (S. 55) to authorize the sale of tim permanent and indefinite appropriations ; which was r~d twice by its ber on certain L'lnds reserved for the use of the l\Ienomone9 tribe of In title, and referred to the Committee on Appropriations. dians in the State of Wisconsin; which was read twice by its title, and He also introduced a bill (S. 30) for the relief of Ha.rry I. Todd, late referred to the Committee on Indian Affairs. keeper of the Kentucky penitentiary ; which was read twice by its title, He also introduced a bill (S. 56) granting a pension to Chauncey and referred to the Committee on Finance. Read; which was read twice by its title, and referred to the Committee He also introduced a bill (S. 31) for the relief of Warren Mitchell; on Pensions. which was read twice by its title, and referred to the Committee on He also introduced a bill (S. 57) for the erection of a public building ClaimB. at Oshkosh, Wis.; which was read twice by its title, and referred to the He also introduced a bill (S. 32) for the relief of Mrs. Lizzie D. Committee on Public Buildings and Grounds. Clarke, of New Orleans ; which was read twice by its title, and referred Mr. CULLOM introduced a bill (S. 58) to provide for the construc to the Committee on Claims. tion of the Michigan and Mississippi River Canal, and to cheapen trans He also iritroduced a bill {S. 33) for the relief of the Madison Female portation; which was read twice by its title, and referred to the Com Institute, located at Richmond, Ky.; which was read twice by its title, mittee on Commerce. and referred to the Committee on Claims. He also introduced a bill (S. 59) to reimburse ihe several States for He also introduced a bill (S. 34) for the relief of Mrs. Sultana S. interest paid on war loans, and for other purposes; which was read twice Farrell; which was read twice by its title, and referred to the Commit by its title, and referred to the Committee on Claims. · tee on Post-Offices and Post-Roads. He also introduced a bill (S. 60) authorizing the construction of a Mr. INGALLS introduced a bill (S. 35) to remove the limitation in bridge over the :Mississippi River at or near Alton, lll.: and for other the payment of arrears of pensions; which was read twice by its title, purposes ; whkh was read twice by its title, and referred to the Com and referred to the Committee on Pensions. . mittee on Commerce. He also introduced a bill (S. 36) making an appropriation for the Mr. MORRILL introduced a bill (S. 61) authorizing the construction purchase of two sites and for the erection thereon of two military posts ofa building for the accommodation of the Congressional Library; which on the southwestern frontier of Kansas; which was read twice by its was read twice by its title, and referred to the Select Committee on Ad title, and referred to the Committee on .Military Affairs. ditional Accommodations for the Library of Congress. He also introduced ~bill (S. 37) to authorize the President of the He also introduced a bill (S. 62) enlarging the powers of the W nshing Unit~d States to appoint certain acting assistant surgeons as first lieu ton Safe Deposit Company, andforotherpurposes; whichwasreadtwice tenants and assistant surgeons in the Army; which was read twice by by its title, and referred to the Committee on the District of Columbia. its title, and referred to the Committee on .Military Affairs. He also introduced a bill (S. 63) to authorize the construction of a \. ' 1 He also introduced a bill (S. 38) to confirm the title pf bona fide pur highway bridge across that part of the waters of Lake Champlain lying ehasers of certain lands heretofore granted to the State of Kansas for between the towns of North Hero and Alburg, in the State of Vermont; certain purposes; which was read twice by its title, and referred to the which was read twice by its title, and referred to the Committee on Com Committee on the Judiciary. merce. Mr. VOORHEES introduced a bill (S. 39) to annex a portion of the Mr. DOLPH introduced a bill (S. 64) to prevent the obstruction of Territory of Idaho to Washington Territory; which was read twice by navigable waters; and to protect public works against trespass or injury; its title, and referred to the Committee on Territories. which was read twice by its title, and referred to the Committee on Com . He also introduced a bill (S. 40) to provide for the formation and ad merce. mission into the Union of the State of Washington, and for other pur He also introduced a bill (S. 65) to repeal all laws providing for the poses; which was read twice by its title, and referred to the Committee pre-emption of the public lands, the laws allowing entries for timber on Territories. culture, the laws authorizing the sale of desert lands in certain States He also introduced a bill (S. 41) for the relief of James S. Clark & and Territories, and for other purposes ; which was read twice by its Co.; which was read twice by its title, and referred to the Committee title, and referred to the Committee on Public Lands. on Claims. He also introduced a bill (S. 66) restoring to the United States cer He n.lso introduced a bill (S. 42) for the 1·elief of Capt. Nicholas J. tain of the lands granted to the Northern Pacific Railroad Company to Bigley; which was read twice by its title, and, with the accompanying aid in the construction of a railroad from Lake Superior to Puget Sound, papers, referred to the Committee on Claims. · and to restore the same to settlement, and for other purposes; which was Mr. COKE introduced a bill (S. 43) to provide for the allotment of read twice by its title, and referred to the Committee on Public Lands. lands in severalty to Indians on the various reservations, and to extend He also introduced a bill (S. 67) to provide for the formation and ad the protection of the laws of the States and Territories over the Indians, mission into the Union of the State of Washington, and for other pur and for other purposes; which was read twice by its title, and referred poses; which was read twice by its title, and referred to the Committee to the Committee on Indian Affairs. - on Territories. He also .introduced a bill (S. 44) providing for the erection of a public He also introduced a bill (S. 68) for the relief of S. B. Cranston, of building at San Antonio, Tex.; which was read twice by its title, and Oregon; which was read twice by its title, and, with the accompanying referred to the Committee on Public Buildings and Grounds. pa-pers, referred to the Committee on Claims. . He also introduced a bill (S. 45) providing for the erection of a public He also introduced a bill (S. 69) for the relief of Thomas Guinean; building at El Paso, Tex.; which wa-s read twice by its title, andre which was read twice by its title, and, with the accompanying papers, ferred to the Committee on Public Buildings and Grounds. ·referred to the Committee on Public Lands. He also introduced a bill (S .. 46) for the relief of Overton Love and He also introduced a bill (S. 70) for the relief of John Fitzhugh, of the administratrix of the estate of Wyatt Gilschrist; which was read Oregon; which was read twice by its title, and, with the accompanying twice by its title, and referred to the Committee on Claims. papers, referred to the Committee on Public Lands. . He also introduced a bill (S. 4 7) for the relief of William Beddo and He also introduced a bill (S. 71) for the benefit of the States of Texas, others; which was read twicebyits title, andreferred totheCommittee Colorado, Oregon, Nebraska, California, Kansas, and Nevada, and the on Clai.J:us. Territories of Washington and Idaho, and Nevada when a Territory; He also introduced a bill (S. 48) for the relief of Mrs. Susan 1\1. which was read twice by its title, and, with the accompanying papers, re Roach; which was read twice by its title, and referred to the Committee ferred to the Committee on Claims. on Claims. He also introduced a bill (S. 72) for the relief of the survivors of the He .also introduced a bill (S. 49) for the relief of Santiago de Leon; massacre of Dr. .Marcus Whitman and others in the Columbia River which was read twice by its title, and referred to the Committee on Valley, and the heirs of those killed in said massacre; which was read Claims. twice by its title, and referred to the Committee on Public Lands. He also introduced a bill (S. 50) for the relief of D. W. Hatch; which He also introduced a bill (S. 73) for the relief of Francis M. Vander was read twice by its title, and referred to the Committee on Claims. pool; which was read twice by its title, and referred to the_Committee · Ha also introduced a bill (S. 51) for the relief of A. B. Norton; which on Indian Affairs. was read twice by its title, and referred to the Committee on Claims. He also introduced a bill (S. 74) to grant an increase of ~ion to Mr. DAWES introduced a bill (S. 52) to divide a portion of the res Frederick Beno; which was read twice by its title, and referred to the ervation of the Sioux Nation of Indians, in Dakota, into separate reser Committee on Pensions. vations, and to secure the reliri.quishment of the Indian title to there He also introduced a bill (S. 75) for the relief of P. C. Da-vis; which mainder; which was read twice by its title, and referred to the Com was read twice by its title, and referred to the Committee on Indian mittee on Indian Affairs. Affairs. He alSo introduced a bill (S. 53) for the relief of the Mission In He also introduced a bill (S. 76) to pay for the .survey of certain pub d.i3ns, in the State of California; which was read twice by its title~ and lic lands in Washington Territory; which was read twice by its title, nfeued to the Committee on Indian Affairs. _ . ·. and referred to the Committee on Public Land. He also introduced a bill (S. 77) further defining the class of persons Mr. MAXEY. I wish to make one additional statement for i;he be1!l- inc1uded in the provisions ofsection 5 of the act of July 17, 1854, amend- e:fit of the Senator from Indiana. The bill which I now present is a atory of the Oregon donation law of September 9:7, 1850; which was mere reintroduction of a bill which was referred without objecirlon to read twice by its title, and referred to the Committee on Public Lands. the Committee on Railroads at the last Congress and reported unani- He also introduced a bill (S. 78) to extend the time for :filing certain mously from that committee. That committee has examined this claims for compensation for horses and other property lost in the mili- identical bill, and hence it is the proper committee to take control of it. tary service of the United States; which was read twice by its title, and Supposing this explanation to be satisfa<:tory, I now propose to intra- referred to the Committee on Military Affairs. duce another bill. He also introduced a bill (S. 79) for the relief of Tunis Swick; which The PRESIDENT pro tempore. The motion to reconsider will be was read twice by its title, and referred to the Committee on Indian acted on before other business is entertained. The question is on the Affairs. reconsideration of the vote referring to the Committee on Railroads the He also introduced a bill (S. 80) forthereliefofH. B. Oatman; which bill introduced by the Senator from Arkansas [Mr. BERRY]. was read twice by its title, and referred to the Committee on Indian Mr. HARRISON. I suppose that will be done informally and then Affairs. the vote be taken on the proposition of reference directly. I suppose He also introduced a bill (S. 81) for the reliefof Michael Riley; which- the Senator from Arkansas will not object to that. Let it be formally was read twice by its title, and referred to the Committee on Indian reconsidered. Affairs. The PRESIDENT pro te:mpore. The bill introduced by the Senator He also introduced a bill (S. 82) to amend an act entitled "An act from Arkansas is now before the Senate on the motion to reconsider to amend the statutes in relation to immediate transportation of dutia- its reference to the Committee on Railroads; and it will be reported by ble goods, and for other purposes," approved June 10, 1880; which was its title. read twice by its title, and referred to the Committee on Commerce. The CHIEF CLERK. A bill (S. go) to grant to the Kansas and Ar- He also introduced a bill (S. 83) for the relief of R. G. Combs and kansas Valley Railway the right of way through the Indian Territory, others; which was read twice by its title, and referred to the Commit- and for other purposes. tee on Claims. Mr. SEWELL. I will say that the Railroad Committee of the Sen- He also introduced a bill(S. 84)forthereliefoftheFirstNationalBank ate is one of the largest bodies of that kind, and it is probably one of of Portland, Oreg.; which was read twice by its title, and referred to the the best equipped for taking into consideration a subject of "this nature. Committee on Claims. I acknowledge, though, that the bill involves the rights of the Indians He also introduced a bill (S. 85) for the relief f>f B. Jennings; which and possibly it ought to go to the Committee on Indian Affairs for the was read twice by its title, and referred to the Committee on Public purpoiie of:finding out whether by the granting of a charter we should Lands. interfere with any of our present treaties; but I desire to give notice He also introduced a bill (S. 86) to provide for the construction of a that when th~ bill is reported from that committee I shall ask to have public building at Portland, Oreg.; which was read twice by its title, it referred to the Railroad Committee for their consideration so far as and referred to the Committee on Public Buildings and Grounds. the railroad part of it is concerned. He also introduced a bill (S. 87) for the relief of Thomas J. Miller, Mr. HARRISON. To that proposition I should offer no objection at of Washington Territory; which was read twice by its title, andre- all; but it does eem tome too plain for argument that as this question ferred to the Committee on Military Affairs. involves our treaty relations with Indian tribes, the bill should be con He also introduced a bill (S. 88) for the relief of Ben Holladay; sidered by the Committee on Indian Affairs; and if then the Senaite which was read twice by its title, and, with the accompanyingpapers, should desire that the guards relating to railroad management and referred to the Committee on Claims. railroad :rights should be considered by the Committee on Railroads, I Mr. BERRY introduced a bill (S. 89) for the adjustment of the claim should deem it very appropriate. \ of the State of Arkansas against the United States; which was read Mr. MAXEY. I will ask the Senator from Indiana if he makes his twice by its title, and referred to the Committee on Public L2.nds. motion in reference to the bill I offered as well as the one introduced He also introduced a bill (S. 90) to grant to the Kansas and Arkan- by the Senator from Arkansas? sas Valley Railway the right of way through the Indian Territory, and Mr. HARRISON. I intended to do so, but I asked to take up the for other purposes ; which was read twice by its title, and referred to question of the reference of the other bill :first as it was :first introduced. the Committee on Railroads. · Mr. MAXEY. I hope the Senator from Indiana will not insist :Mr. MAXEY introduced a bill (S. 91) to amend an act entitled "An upon that after the statement which I have made in regard to what act to grant a right of way for a railroad and telegraph line through the was done heretofore. lands of the Choctaw and Chickasaw Nations of Indians to the Saint Mr. VEST. If the subject-matter of this bill came before the Senate Louis and San Francisco Railway Company, and for other purposes;'' now for the :first time, there would be a good deal of force in the re which was read twice by its title, and referred to the Committee on marks of the Senator from Indiana. I believe that I had the honor of Railroads. introducing the bill which passed the Senate and became a law and to Mr. HARRISON. I rise to a question with regard to the reference which the bill now offered by the Senator from Texas is amendatory. just made. It seems to me that those bills granting rights of way If my memory serves me correctly (and I think the record will substan through the Indian Territory should go to the Committee on Indian tiate what I state), that bill was reported by the Committee on Rail Affairs and not to the Committee on Railroads. roads, and was elaborately discussed in the Senate, my friend from In- The PRESIDENT pro te:mpore. Does the Senator from Indiana make diana opposing its passage. The entire bearing of the various treaty that motion? . stipulations was discussed at length. The whole subject-matter which Mr. HARRISON. I suggest it to the Senators who introduced the comes up now in regard to this proposed amendatory act was discussed bills. All the questions involved relate to the rights of those Indian to a threadbare extent upon the passage of the original bill. tribes and the method of dealing with them, and the bills involve Why the necessity now of taking this bill and sending it before a questions of intercourse with them and not questions relating to ordi- - new committee, when the Committee on Railroads have examined the nary railroad traffic. Unless the Senators concede a reference to the question and passed their judgment upon it and the Senate confirmed Committee on Indian Affairs, I shall make that motion. tbatjudgment? I belong to neither of these committees and have no The PRESIDENT pro tempore. The title of the bill just introduced special interest in the matter, but it seems to me that for the economy will be again reported so that the Senate may understand it. of time and for the expedition of public business the bill ought to go Mr. MAXEY. I can make a statement which I think will be sat- to the committee that has already examined the subject and is familiar isfactory to the Senator from Indiana. This is merely a proposed with it. amendatory bill to an act which was reported from the Committee on I hope the motion to reconsider will be voted down. Railroads, and that committee is in possession of all the fads in con-: Mr. PLUMB. It seems to me that if the bill is to go to two com- nection with the original bill, having reported it. Therefore I had this mittees the order ought to be reversed from what is here proposed. The bill referred to the Committee on Railroads as the proper committee, :first thing to he determined is the necessity or desirability of the build an~ I think so yet. That is the only committee which has really had ing of the suggested railroad. . If in the discussion of that question it charge of the subject-matter. shall transpire that the railroad is proposed to be built over somebody's Mr. HARRISON. I shall ask a reconsideration of the reference of land, there being a question about the propriety or legality of taking the bill introduced bytheSenator from Arkansas [Mr. BERRY] with thatland,itisaquestionto comeupafterward; anditwould beproper a view of making the same motion in relation to that measure. It is enough for the Senator from Indiana (who of course is opposed to this obvious that this question ought to be dealtwith by the Committee on bill as he bas been to all bills of a similar character on perfectly well Indian Affairs. That is the committee which is charged with the care understood J!:rounds) to move at the time when it shall be reported from of legislation relating to those tribes. All these bills present the ques- the Railroad Committee, if it shall be s.o reported, that it shall go. to tion of our treaty relations with those tribes, and it is the proper ref- the Committee on Indian Affairs for the purpose of the special inqm.ry erence undoubtedly. • which he desires to have made by that committee, and which it is proper Waiving this point for a moment, if the Senator from Texas will enough, of course, to have made by that committee, if in the mean time allow me, I ask for a reconsideration of the reference of the bill intro- it shall be determined by the Senate, or there shall seem to be even duced by the Senator from Arkansas in order that I may make a motion reasonable ground for supposing, that these questions have not been au that it be referred to the Committee on Indian Affairs. thentically settled by the action of the Senate heretofore taken. But 1885. CONGRESSIONAL REOORD-SENATE. 125 ------~------· I submit that the first question to be determined is, is there a necessity :Mr. MAXEY. That is what I want to do, and I wish to do it now for a railroad and for the chartering or the building ofthat.milroa.d by for the reason that Senators may understand my position. the action of Congress? After that comes the question as to the pro~ The original act towhich the bill offered bymeis a proposed amend tection of private or other rights. ment was referred to the Committee on Railroads without a dissenting Mr. DAWES. I was out when the bill was introduced and would voice; it was reported by that committee, and after a long discussion like to hear the title of it. involving every question of constitutional law, of treaty~ and of the The PRESIDENT pro tempore. The title of the bill will be again rights of the Indians, was passed by the Senate by over two-thirds m~ read. The bill has been by order of the Senate referred to the Com jority. It went to the House-l can speak of that now for it was in a mittee on Railroads and the motion is to reconsider that reference. · past Congress-and was passed there by over three-fourths majority The CHIEF CLERK. ''A bill (S. 90) to grant to the Kansas and Ar~ after discussion. kansas Valley Railway the right of way through the Indian Territory, · The bill which is now introduced by me was offered at the last, the and for other purposes.'' Forty-eighth, Congress, and was referred to the Committee on Rail~ Mr. DAWES. I have no desire to try to gather under the jurisdic~ roads, the same committee which reported the original bill. It was by tion of the Committee on Indian Affairs anything that I could avoid that committee examined and reported to the Senate in the Forty~ sending there; but it does not seem to·me that the question is whether eighth Congress unanimously so far as the report goes, but was not a particular railroad shall be built. The whole purpose of the bill, I passed at the last session for want of time. There was no objection to think, is to authorize the construction of a railroad through the Indian the original bill being referred to the Committee on Railroads, and there Territory; and why should not that go to the Committee on Indian was no objection at the last Congress to the very bill which I now in~ Affairs? Why should not the question whether we shall depart from troduce being referred to the Committee on Railroads. So I say that the policy of the Government in the establishment of that Territory, committee already has possession of every fact not only in regard to the and in the treaty obligations we have with those Indians, be considered original bill but every fact in regard to this proposed amendment, and by the Committee on Indian Affairs? hence it is the proper and right committee, in my judgment, for the My own opinion is that railroads must be built through the Indian reference. Territory in various ways. I have stated that already to the Senate I ·say all this having the highest respect for the Committee on Indian many times, and I have not opposed the building of railroads through Affairs, having no fear about that committee. I am myself a member the Indian Territory. The difficulty in my mind is in what manner of that committee, and I think I could take care of the bill there very we can ju..c;;tly and properly authorize the building of those railroads, well; but it is right for this bill to go to the Committee on Railroads. and I have no other point to consider. They have all the facts now. It will expedite time, and bring the bill The question of the Indian Territory is assuming every day more in~ back much earlier, because they have alreany made the investigation. teresting phases and features, and has to come before Congress, will In taking a vote on the reference of the bill introduced by my friend certainly come before this Congress, in a way that must arrest our a~ from Arkansas, which is a different bill, I beg that the Senate will bear tention. I do not want to see the broad question of what we are going in mind that the bill introduced by me is simply the reoffering of a to do with the Indian Territory in the future disturbed by any minor bill which was once reported by the Committee on Railroads. question, which I think this must be, in comparison with the broad . Mr. BROWN. I ask the consent of the Senate, as I believe I can only question, it being the construction of one particular railroad through proceed by unanimous consent, to make a few remarks on this question. that Territory. If the question were an open one now as to the propriety of building If there is any difficulty to-day in dealing with the Indian Territory railroads through the Indian Territory, it might be proper to refer this question, it has arisen from what I regard as the incOnsiderate manner bill and all other bills of like character to the Committee on Indian of legislation heretofore in respect to railroads through that Territory. Affairs; but the champion of the Indian cause-and I think I justly I think if it had not been for some, I may be permitted to say, unwise call him so-my friend from Massa<:husetts [Mr. DAWES], admits that provisions in existing railroad charters in that Territory, the whole railroads must be built through that Territory. I think he is right. Territory, or certainly that part of it under the control of the five civ He admits that the Indians can not occupy that vast territory and pre ilized nations, would be ready to come under the immediate and direct vent the connections of the great highways of commerce being made jurisdiction of the United States, and be legislated for and ·about as through the Territory, and therefore it is proper that railroads should other territory in the United States is. I do not know that there is be built there. So the Senate has determined on two or three occa anything in this bill which will operate against that, but I desire my sions. Either in the Forty-sixth Congress, or at the first session of the self to see that legislation in reference to the Indian Territory shall all Forty-seventh, the first act was passed incorporating a railroad com~ contribute to that end. There has been legislation her~tofore in refer pa.ny there or giving it the right to build through that Territory. At ence to railroads in that Territory which has had precisely-the oppOsite the last Congress there were one or two other charters granted, clearly direction. The alienation of the Indians and the hostilityto the United establishirig the policy of building ·railroads through the Territory. States policy in reference to Indians generally and that Territory in The propriety of the policy is admitted by the strongest advocate of the particular, which exists there, has its fo)lnda.tion in our lack of regard for Indian cause. The Committee on Railroads are entirely familiar with eome treaty obligations we have with regard to that Territory, in refer· this question. They have looked into it ·in all its bearings. It has ence to railroads. been discussed extensively here in the Senate. The champions of the Now, that the Territory can remain there as a barrier in the way of Indian cause have had much to say on that subject, and why should railroads, nobody who looks at it, it seems to me, can for a moment con~ we at this stage change the rule upon it? What is there in the con~ tend. The railroads must go through, but they ought to go through duct of the Committee on Railroads that has been condemned by the with great care, not only in reference to treaty rights but in reference body? Why should the quesfton be now withdrawn from the Com~ to existing prejudices in that Territory growing out of mistaken ideas mittee on Railroads and referred tO another committee, to wit, the the Indians have of the purport and extent of legislation heretofore upon Committee on Indian Affairs ? . the subject. I wish, therefore, that the Senator from Arkansas would As I have said, if it were a question whether we would build rail~ consent that this bill might go to the Committee on Indian .Affairs that roads across the Territory or not, then all these suggestions as to treaty they might have as much as possible the legislation in reference to that stipulationsiD.ightcome up and be proper for consideration; but those · Territory before them when they come to consider, as they must, the questions having been decided over and over again by the Senate, I future policy of the Government in reference to those Indians and what can see no reason now for an implied reflection upon the conduct of the measures will most contribute to make them a part of the United States Committee on Railroads by taking a bill like this from them and refer~ in fact as they are now in their territorial location. ring it to the Committee on Indian Affairs. Mr. MAXEY. Mr. President- I think, therefore, that both bills should be referred, as heretofore, The PRESIDENT pro tempore. Before the Senator from Texas pro to the Committee on Railroads. . · ceeds, the Chair feels it his duty to remind the Senate that a motion to Mr. DAWES. Mr. President, the question is not so much whether reconsider is not debatable except by unanimous consent, and that this railroads shall be built through that Territory, but as to how and on debate is going on by unanimous consent. The Senator from Texas what terms. It is more desirable, it seems to me, that they shall be has the floor. so built through that Territory as to have the Indians desire to have Mr. MAXEY. I will then ask unanimous consent to say now what them through the Territory. Whatever course in the building of these I wish to say, because I want the Senate to understand the question railroads will tend to make the Indians desire to have railroads built perfectly. My object in rising is to keep in the minds of Senators the through that Territory will contribute more to the solution of the ques distinction which separates the bill introduced by me from that which tion than any other policy which we could adopt, and that is all I care was offered by the Senator from Arkansas. for . . Iwant- Mr. HARRISON. Will the Senator from Texas allow me to inter Mr. BROWN. . Will the Senator allow me to interrupt him one m~ rupt him for a moment? ment? W.ill the Senator please explain to the Senate how it would Mr. MAXEY. Yes, sir. better conciliate the Indians to have a bill recommended by the Indian Mr. HARRISON. Had we not better dispose of the bill introduced Committee passed to build arailroadacrossthe Territorythan itwould by the Senator from Arkansa-s, which is the one now before the Senate, if it were recommended by the Railroad or any other committee? and then let the Senator from Texas state the distinction between that · Mr. DAWES. I am not here to criticise the Railroad Committee case and his? We shall in that way keep the bills separate. or its policy. I am here to suggest that possibly the Indian Committee CONGRESSIONAL RECORD- SENATE. DECEMBERs. "------undexstan.d-they certainly ought to understand-the best method of are .topics the decision of which should be committed to the comr;rittee adapting legislation{)n this subject to the Indian Territory, or the best ill this body t-hat is charged with legislation in relation to the Indian . method of authorizing the building of a railroad through that Terri- tribes. tory. They ought to understand it better. ·The Senator from Texas, I understand that during the last summer a subcommittee of that who introduced one of these bills, is, as he says, a member of the In- committee have been among these tribes. They have been making care dian Committee. I do not know but that he is also of the Railroad fu1 inquiry as to their wants; they have been considering some change Committee. of relation between the General Government and the tribes; and I do Mr. MAXEY. I am not. not hesitate to announce for myself that substantial changffi must be Mr. DAWES. I have no criticism to make on the Senator's position made and made speedily, but they should be made by treaty; they in this matter. I know he is familiar with what are the views, what should be made by the concurrence of both parties; and if .we are to are the wants, and what are the necessities of the Indians in the Indian come upon a fair basis and a fair and amicable relation with these peo· Territory. I have been there with him myself; and I have no doubt ple in these negotiations we should not attempt ruthlesslyto deal with that he is as familiar as any Senator in this body with the feelings of their rights without consulting them. those Indians in reference to existing mil.roads running through that For one, I hold that if our present treaties stand in the way, then we Territory, all growing out of a mistake, as I think every one will say, can only grant these rights after negotiation with the tribes, and we in the manner of authorizing existing railroads to be built. Now that should be particularly careful that all the legislation upon this subject the railroad is built, the building of the railroad is a great blessing to secmes all their rights. the Indians; but they do not see it; they are blinded by a fear that But I have been told by the Senator from Kansas that I opposed these something in the manner of authorizing that railroad will ultimately bills on the floor of the Senate. So I did. For one thing I wa.::~ op work great wrong to them. posed to these bills because they neither granted to the legislature of . Mr. MAXEY. Allow me to interrupttheSenator a moment. lam these tribes in the Territory any powers to impose taxes upon the cor familiar, as the Senator states, with the status of the Indian Territory, porate property within the Territory, but the bills did not provide I think, not only on thequestionofrailroads, butprettywellallabout themselves for any such taxation. They allowed these corporations to their general ideas. I have lived near them a long time.. I know the build the railroads, and simply contained a. provision that at some time objections which they have to the measure to which the gentleman re- in the future, when it might please Congress, Congress might provide fers, involving land grants. I also know their views in regard to this for taxation for the benefit of the treasury of the tribe. That was one road; and their views are not inimical to, on the contrary they are in reason why I opposed them, and I stand still upon the proposition thn.t favor of, the measure I propose. they should pay a fair price for the lands they take, that it should be :Mr. D.A.WES. I do not understand that they are opposed to it; but a. matter of kind negotiation with these people, and that as to taxation, I understand that some of the details of machinery in the act which the corporate property that is invested there should at least be subject authorized the other road to which the Senator has allud-ed were such to like burdens with those which it heal'S in the States of the Union. as to make a good deal of friction .and complaint on the part of the In- I want to raise no controversy with the Committee on Railroads, bnt dians as to the numner of adjusting the land damages and so on. I do think it must be obvious to every Senator that it is clearly the Mr. BROWN. Does the Senator mean the manner or the amount? function of the Committee on Indian.A.ffairsto consider these incidents Mr. D.A. WES. The manner of adjusting the damages. of this legislation to which I have referred. Mr. BROWN. What was the manner? Mr. HA.WLEY. Mr. President, my distinguished friend, the Sen- Mr. DAWES. Icannotgointothedeta.ils. Iknowoftheexistence ator from Texas [Mr. MAxEY], observed that this bill .had been re- of complaint. I have no doubt that the Indians can be brought to be ported with substantial unanimity, or had been unanimously reported made friends of railroad enterprises there just as easily as they were by the Committee on Railroads, at a. former session. I do not wish to made hostile by the legislation which has gone before. - I desire to have be misunderstood; so I will make a partial correetion, at least, of that this bill referred to the Indian Committee because I believe the Indian statement. . Committeecouldadjustthosequestionswith the Indian Territorialgov- I have the honor to be a member of the Committee on Railroads and ernment and the Indian Territory itself better than the Railroad Com- have served there.now some four or five years. I have never liked these m:ittee could do it. Yailroad bills, and have opposed them in committee, and have sugge8ted I agree heartily with all these Senators, as I said before, in the idea many minor amendments, some of which :lla-ve been adopted; bu:.t the that railroads in some form and· by some authority have got to cross . fundamental defect has been in each of the bills as they have been sue and recross that Territory as all other parts of the territory within the cessi vely reported and some of them passed, that they totally disregard limits of the United States. I think'the Indians are beginning to see this fact~ The Indian Territory exists by treaty; every right these that fact, but the Indians at the same time feel that there is a desire Indians have there is created by treaties with the various tribes; and to get this authority and the necessary land for the building of rail- yet these railroad bills proceed with total disregard of treaty rights. roads in a way different from that which seems to them to be just. I I say "total." They do not ask the Indians to make a treaty with do not think the intention is to do that; but there is often more in the regard to them; they create the road, and set apart what may appear way you deal with an Indian than in the substance of what you do with to be a reasonable sum as compensation, something to be set aside ns a him. Those who know the Indians best, unless they are hostile to the permanent fund for the benefit of the Indians; but it is :p.ot because thing itself, are the best persons to consider the question. I do not the Indians have agreed to it, it is becam;e we in our judgment think myself claim any such thing, but aside from myself the members of it is about a fair thing to give the Indians. the Indian Committee who have lived with or in the vicinity of the Either the Territory in que8tion is a creature of treaty .or it is not. Indians, and have had more to do wit1t them than anybody else, a.re Let us come to some conclusion about it. Let us make a new a.nn.nge well informed on these questions.· Men upon that committee have re- ment with the Indians for the future, if you choose, by which they cently had considerable knowledge of their attitude toward the rail- shall waive all treaty rights and start upon some new basis; but for the roads, certainly more than the Railroad Committee can possibly have, present I see no way of dealing with them, at least in a matter so seri and the members of the Committee on Indian .A.:ffairs are, in my opinion, ous a.s this, taking a way their lands, except by fair agreement. There . better capable of considering the questions of detail about these rail- may be a natural fear there-they may be entirely at sea-if this is to roads than the Railroad Committee. That is all I have to say. be the way the Federal Congress is to deal with their property. Mr. HARRISON. Mr. ~.resident, this is not a question of the con- Mr. VEST. :Mr. President, time and again we hear in this body &trnetionofrailroadsoverthepublicdomainofthe United.States. The about making new treatie8 with Indian tribes. The Congress of the proposed road is not to cross one foot of the public domain. It is to be United States has legislated upon that subject, and forbidden any more 'built through territory that we ha-ve by treaty set apart to the use in treaties with any Indian tribe at all; and in order to make a treaty we fee of certain Indian tribes. It is not our property. It is not a ques- must first get rid of the existing legislation. tion of chartering a railroad, under our general. laws, through the pub- ~aain, we have heard to-day from the Senator from Indiana thn.t the lie domain, giving certain rights of way; but it is a question of giving fi-ve civilized tribes of Indians hold their lands in fee. lt!r. President, a right of way over territory that we ha-ve ceded away to certain In- they hold no lands in fee, unless the Cherokees may be said to have that dian tribes~ Now, the very first question that is presented by such sort of title. The other tribes in the Indian Territory hold simply a a. bill is, have·we reserved by treaty a right to grant such charters to determinable fee, an incomplete title to their lands, and by the Ian railroads to run across these lands thus ceded to the Indian tribes? gu:age of the treaties themselves it is provided that they only hold tho e The gentlemen say railroads must be built. I am not inimical to the lands so long as they mainmin their tn'bal autonomy and remain in buildingofthemanywhere; butldonotbelievethatbrokenfaithmakes actual pediB possessio. rha-ve read these treaties in the Senate time a good substructure for a railroad company or any other organization, and again. and I think for one that this in-volves the question of the treaty right.s Mr. DAWF.S. Allow me to say that that very element in the title of these Indians first, and in the second place involves negotiation with to the land which the other tribes held, except the Cherokees, is the ele them, or some provision of law by which they are to be compensated for ment of distrust on their part and hostility on their part to these rail the land that is taken for this railroad company; and as it involves fur- roads. They have got the impression, growing out of the phraseology therprovisionsin thebillastotheintercourseofthelaborers, whitemen contained in the charters, that every one of these efforts tends to and whQl are to be brought into the Territory in the construction and opera- will ultimately result in wresting their lands from them. Now, a lit tion. of this railroad, I say it must be plain to e-very Senator that these tie negotiation, a little fair and square talk: with them, and a little tea- 1885. CONGRESSIONAL REOORD-SENATE. 127 BOning with them, will bring the Indians to see what is for their inter tion made by the Senator from Indiana [Mr. HARRISON] ro refer the est in reference to these railroads and what is the best way to adjust bill to the Committee on Indian Affairs. their claims upon those who build the railroads. · :Mr. RIDDLEBERGER. :Mr. President, I understand the Senator Mr. VEST. Mr. President, I think the Senator from Massachusetts from Indiana to make the proposition to refer this bill to the Committee will do me the justice to admit that he has never heard me raise my on Indian Affairs because he is apprehensive of some ruthless invasion voice on this :floor and has never heard me give a vote in favor of vio of the Indian Territory by this endeavor to construct a railroad. I lating any treaty stipulation with any Indian tribe. · Upon the other also understand from what he says that he is opposed to the construc hand I have persistently and consistently maintained that these help tion of a railroad through the Indian Territory. That is what this less and almost hopeless people should be treated with the largestjus motion to reconsider means, ro refer this bill to a committee other than tice and charity. a committee that has once reported upon it after having heard the sub Mr. 1\IAXEY. If the Senator will allow me, I wish to say in cor ject discussed at two sessions of the last Congress. roboration of what has been said by the Senator from Missouri that the Now, sir, I undertake to say that if the Senator from Indiana be original bill to which the bill I propose is an amendment makes pro correct in his proposition that these Indians have a fee-simple title, vision completely for the payment of every foot of the right of way and they are to all intents and purposes a separate government and the a very large price was imposed, and not only so but before that took United States Government as such can exercise no jurisdiction over effect the Choct:awandChickasaw Nations had sixty days within which their lands, and therefore can not exert the right of eminent domain. to :file a protest if they saw proper to do so. Then there is no reason, no sense, in referring this bill to either of the On the other point raised by the. Senator from Indiana, whether the committees named or to any committee. But, sir, the ,Committee on fee-simple is in the United States or in the Indian nation, let me say Railroads do believe differently. If! can acceptwhat they have done that it was originallyin the United States; therightofeminentdomain in reporting this and similar bills heretofore they believe that this Gov is in the United States, and the jurisdiction being in the United States ernment can exercise that right over the Indian Territory, that this Gov a railroad authorized by the United States has as much right to pass ernment can condemn lands there for the purpose of constructing one or over that country as a road has to pass over Missouri under a. charter more railroads. The Committee on Railroads as such has reported that from that State. this Government can go there and exercise the same authority as a Mr. VEST. I was abouttoremark, Mr. President, thatifa railroad State government exercises over -private property when it condemns company sees proper t{) apply to a circuit court in the State of Missouri private property for public uses and pays compensation therefor. to run over my farm and through my house, that court appoints com If this bill is to go to the Committee on Indian Affairs, there can be missioners. who condemn my land noaainst my protest and take it fo:r no reason assigned for it except that theSenate has changed its view in . the use of that corporation, and that is done by the statutory law of each reference to the construction of a railroad across the Indian Territory, of the States. Are the Indians in this country to be placed upon aped that the Senate has not the confidence in the Railroad Committee that estal above the law? A.re we to be told that this domain is so sacred it has in other committees; because the insinuation is broadly cast out that no railroad shall run through it in the interest of commerce and here that we have not that respect for treaty obligations which the In civilization? I say, sir, that that is a distinction of privilege to the dian Committee itself has. I may not have that respect for the In Indian to which he has never arrived, and which I pray GOO he may dians which some Senators have, but I really think I do have respect never reach. I propose to treat these Indians as I would treat white for all the treaty obligations made with the Indians. men. Whether the land be held in fee or not, they should be amenable I say first that it is the right of this Government to condemn land in to the same laws and ro the same course as the other people of the the Indian Territory; and I believeitwillconservea great public pur United States. pose to construct the proposed railroad-; and for that reason I can hon Tbe Railroad Committee having investigated this subject, why the estly say while I am a member of the Railroad Committee that I necessity of putting it before any other tribunal? Does the Senator believe the bill ought to remain in the handsofthatcommittee, and they from Indiana want-to amend the bill when it is reported, or the Sena ought w have the entire control of it and report it back here either tor from Connecticut? Of course that right will be retained. - favorably or adversely. It is a proposition to construct a railroad, and The PRESIDING OFFICER (Mr. INGALLS in the chair). Will tlie not to make a treaty with the Indians. It is a proposition to construct Senate reconsider the vote by which the bill was referred to the Com arailroaclacross thelndian Territory, to be sure; butthe Railroad Com mittee on Railroads ? mittee has passed upon it and Congress has passed upon it, and I do Mr. HARRISON. I call for the yeas and nays. not see how the Senator can becomingly ask that the bill shrill be taken · Mr. TELLER. Which bill is this? from its proper committee and referred to ·another. The PRESIDING OFFICER. The bill introduced by the Senator The PRESIDENT pro tempore. The question is on the motion tore from Arkansas [Mr. BERRY]. fer the bill to the Committee on Indian Affairs, as proposed by the Sen The yeas and nays were ordered and taken. ator from Indiana [Mr. .HARRISON]. Mr. HAMPTON. I was paired with the Senator from California The motion·was agreed to. [Mr. MILLER]. I do not know whether it was a permanent pair or Mr. VEST. I believe the order of business is still the introduction not. I should like to ask his colleague what the understanding was. of bills. I have voted on this question. The PRESIDENT pro tempore. A bill has been introduced by the The PRESIDING OFFICER. The Secretary did not understand Senator from Texas [Mr. MAXEY], being a bill (S. 91) to amend an act whether the Senator from South Carolina wished. to withdraw his vote. entitled "An act to grant the right of way for a railroad and telegraph Mr. HAMPTON. It will depend on what is said by the colleague line through the landoftheChoctawandChickasawNationsoflndians . {)f the Senator from California. I do not know whether or not the pair to the Saint Louis and San Francisco Railway Company, and for other was a permanent one. I am perfectly willing to pair with him perma purposes.'' The Senator from Texa-s has moved that this bill be referred nently. I do not know how the pair affects this question. to the Committee on Railroads. · The PRESIDING OFFICER. As there is no response the Senator Mr. MAXEY. I have moved that the bill be referred to the Com will be compelled to decide for himself. · mittee on Railroads and Isimplywant to call theattentionoftheSen Mr. HAMPTON. Then I shall let my vote stand. ate in a word to the difference between the bill just voted on and this. The r~t was announced-yeas 30, nays 27; as follows: The original act of which this is an amendment came from the Com YEAS-30. mittee on Railroads, having been referred there without any objection, Aldrich, Dawes, Logan, Platt, and this bill is an amendment of that. At the last session it went to Allison, Dolph, McMillan, Spooner, the Committee on Railroads and was reported from that committee, as Blackburn, Evarts. Manderson. Stanford, I said, without objection so far as the record shows. Ifthere was any Blair, Frye. · Miller of N. Y •• Teller, Call.. Harrison, Mitchell, VanWyck. objection the record does not show it. The record shows the report and Cameron, Hawley, Morgan, Wilson of Iowa. no minority report. That committee haYing investigated this whole Chace, Hoar, l't1orrill, matter, having had charge of the original act, having had charge of this Conger, Ingalls, Palmer. very bill at the last session, I say that it is useless and idle to take it NA.Y8-27. away from that committee and refer it to the Committee on Indian Af. Beck, George, J't{axey. Sawyer. fairs. I do not think it would be just to the Committee on Railroads, Berry, Gibson, Plumb, Sewell, Brown, Gray, Pugh, Vest, I do not think it would be just to me. I have had the matter investi Cockrell. Hampton, Ransom, Voorhees. gated, and all the testimony brought in that could be, and the Senate Coke, Harris, Riddleberger, Walthall, has passed upon the question by over a two-thirds majority. Colquitt, .Jackson, Sabin, Wilson of 1\Id. Cullom, McPherson, Saulsbury. Mr. HARRISON. I certainly have no disposition to do anything that might seem unkind to the Senator from Texas, but I think he will ABSENT-lB. ad vance his own. bill if he will acquiesce in the vote of the Senate just Bowen, Fair, .Jones of Nevada, Pike, Butler, Gorman, Kenna, Sherman. taken and let this bill go to the Committee on Indian Affairswith the Camden. Hale, Mahone, V a.nce. other. I assure him that so far as I am concerned I have only a dispo Edmunds, Jones of Arkansas, Miller of CaL, sition that these bills proceed conformably to law and treaty, and that Eustis, Jones of Florida, Payne, I have every disposition in the world to advance the building.of railroads So the motion to reconsider was agreed to. -J there upon fair and just terms when it can be done confonn.ablyto the The PRESIDING OFFICER. The question now recurs on the roo- treaties and law. Nor have I any objection in the world ro the sug- 128 CONGRESSIONAL RECORD-SENATE. DECEMBER 8, gestion of the Senator from New Jersey [Mr. SEWELL] that after the for the Indians in Northern Montana, and for other purposes;·which was Committee on Indian Affairs have considered this phase of the question read twice by ita title, and referred to the Committee on Indian Affairs. the bill shall then go to the Committee on Railroads. I really think He alsointroduced a bill (S. 106) authorizing the construction of a the Senator from Texas would advance the interests of his bill by ac bridge across the Mississippi River at or near the Chain of Rocks, in quiescing in the vote of the Senate and letting it take the course I have the northern part of the city of Saint Louis, State of Missouri; which proposed. was read twice by ita title, and referred to the Committee on Commerce. Mr. MAXEY. I insist, sir, on the bill being referred where it prop He also introduced a bill (S. 107) authorizing the construction of a erly belongs, to the Committee on Railroads. bridge over the Mississippi River at Saint Louis, Mo.; which was read The PRESIDENT pro tempo·re. The question is on the motion of twice by ita title, and referred to the Committee on Commerce. the Senator from Texas to refer this bill to the Committee on Railroads. He also introduced a bill (S. 108) fixing compensati.on of United Mr. HARRISON. I move to amend by substituting the Committee States marshals and deputies, and for other purposes; which was read on Indian Affairs. If we are to have another roll-call, let us try it. twice by its title, and referred to the Committee on the Judiciary. The PRESIDENT pro tempore. The Chair must hold that the pend He also introduced a bill (S. 109) to amend section 3734 of theRe~ ing motion is not amendable. If it be voted down, then the motion vised Statutes, and to provide for the erection of public buildings by of the Senator from Indiana would be in order. contract with the lowest bidders; which was read twice by ita title, Mr. CULLOM. There seems to be a good deal of conflict over this and referred to the Committee on Public Buildings and Grounds. question of references which I think might be got along without. In He also introduced a bill (S. 110) fixing the compensation of United the first place, the Railroad Committee, as has been stated, has had States district attorneys, and for other purposes; which was read twice control of this subject in the case of the bills which have been passed by its title, and referred to the Committee on the Judiciary. by the Senate. Now, I suggest to the Senator from Indiana and the He also introduced· a bill (S. 111) to authorize the construction ot Senate that this bill be allowed to go to the Committee on Railroads, bridges across the Missouri River between its mouth .and the mouth of that that committee be permitted to investigate it and report it back the Dakota or James River, and across the Mississippi River between if it sees proper, after which, so far as I am concerned as a part of that the port of Saint Paul, in the State of Minnesota, and the port of committee, I shall be perfectly willing to have it referred to the Com Natchez, in the State of Mississippi, and across the Illinois River be.,. mittee on Indian Affairs, to be dealt with, that it may be seen whether tween ita month and La Salle, in the State of lllinois, and to prescribe there is any real conflict. the character, location, and dimensions of the same; which was read Mr. MAXEY. I have no objection to that, but the original refer twice by ita title, and referred to the Committee on Commerce. ence should be where the bill went before. He also introduced a bill (S. 112) for the relief of certain officers of the Mr. CULLOM. ' I hope that will be agreed to without further ob Missouri State Militia; which was read twice by its title, and referred jection. to the Committee on Military Affairs. Mr. HARRISON. .Ai3 the Senator from Texas claims that this is a He also introduced a bill (S. 113) for the relief of Samuel Browning, mere amendment of a bill considered and reported by the Railroad of Missouri; which was read twice by its title, and referred to the Com Committee, with the understanding just stated, and aclillowledging mittee on Claims. that difference-a slight one, but perhaps enough to take it out of the He also introduced a bill (S. 114) for the relief of Joseph Knight; fate of the other bill-! shall be content. which was read twice by its title, and referred to the Committee on Mr. CULLOM. I move that the bill be referred to the Committee Claims. on R~lroads. He also introduced a bill (S. 115) for the relief of Richard F. Bar The PRESIDENT pro tempore. If there be no objection the bill will rett; which was read twice by its title, and referred to the Committee be referred to the Committee on Railroads. on Claims. Mr. MAXEY introduced a bill (S. 92) for the reliefofWilliamFrank He also introduced a bill (S. 116) for the relief of Maria E. W arfi.eld; lin Grounds; which was read twice by its title, and referred to the Com which was read twice by its title, and referred to the Committee on mittee on Indian Affairs. Claims. He also introduced a bill (S. 93) authorizing the construction of a He alsointroduced a bill (S.117) makinganappropriationfortheex public building for a post-office in the city of Houston, Tex. ; w hieh was tension and enlargement of the United States custom-house at Ka~as read twice by ita title, and referred to the Committee on Pu\>lic Build City, Mo.; which was read twice by its title, and referred to the Com ings and Grounds. mittee on Public Buildings and Grounds. Mr. JACKSON (by request) introduced a bill (S. 94) for the relief of Mr. BROWN introduced a bill (S. 118) for the relief of Alexander Mrs. Sarah Elizabeth Holroyd, widow and administratrix of the estate R. Lawton, ofthe State of Georgia; which was read twice by its title, of John Holroyd, deceased; which was read twice by its title, andre and referred to the Committee on the Judiciary. ferred to the Committee on Patents. Mr. MILLER, of New York, introduced-a bill (S. 119) for the relief He also (by request) introduced a bill (S. 95) for the relief of Will of Richard Oulahan, late of the One hundred and sixty-fourth Regiment iamE. Woodbridge; which was read twice by its title, and referred to New York Volunteers; which was read twice by ita title, and referred the Committee on Patents. to the Committee on Military Affairs. -· He also (by request) introduced a bill (S. 96) for the relief of the He also introduced a bill (S. 120) to revise section 1754 of the Re legal representatives of Egbert Thompson, deceased; which was read vised Statutes, relative to the employment of persons discharged from twice by ita title, and referred to the Committee on Naval Affairs. the military or naval service ; which was read twice by ita title, and He also (by request) introduced a bill (S. 97) for the relief of Basil referred to the Committee on Civil Service and Retrenchment. Moreland; which was read twice by ita title, ~d referred to the Com He also introduced a bill (S. 121) to authorize the construction of mittee on Indian Aff.'lirs. certain bridges across the Staten Island Sound, known as Arthur Kill He also introduced a bill (S. 98) for the relief of Maj. William M. or Kill von Kull, and to establish the same as post-roads ; which waa Maynadier, a paymaster in the United States Army; which was read read twice by its title, and, with the accompanying papers, referred to twice by its title, and referred to the Committee on Military Affairs. the Committee on Commerce. He also (by request) introduced a bill (S. 99) to determine the rights of He also introduced a bill (S. 122) to quiet and confirm the title to William Wheeler Hubbell and the United States, respectively, therein certain lands in Saginaw Bay, in the State of Michigan; which was read stated; which was read twice by its title, and referred to the Commit twice by its title, and referred to the Committee on Public Lands. tee on Claims. He also (by request) introduced a bill (S. 123) for the relief of George He also introduced a bill (S. 100) for the relief of William H. Crook; K. Otis; which was read twice by ita title, and referred to the Commit which was read twice by its title, and referred to· the Committee on tee on Post-Offices and Post-Roads. Claims. He also (by request) introduced a bill (S. 124) for the relief of George Mr. VEST introduced a bill (S. 101) to amend sections 2474 and 2475 J{. Otis; which was read twice by its title, and referred to the Com of the Revised Statute~ of the United States, setting apart a certain mittee on Claims. tract of land lying near the headwaters of the Yellowstone River as a He also (by request) introduced a bill (S. 125) for the relief.of the public park; which was read twice by its title, and referred to the New York, Lake Erie and Western Railroad Company; which was read Committee on Territories. tWice by its title, and referred to the Committee on Post-Offices and He also introduced a bill (S. 102) to establish a United States court Pos~Roads. in the Indian Territory, and for other purposes; which was read twice Mr. McMILLAN introduced a bill (S. 126) to change the name of by its title, and referred tothe Committee on the Judiciary. the National Bank of Winona; which was read twice by its title, and He also introduced a bill (S. 103) making an appropriation for the referred to the Committee on Finance. purchase of ground and the erection thereon, in the city of Washing He also introduced a bill (S. 127) for the relief of H. K. Belding; ton, of a building to be used as a hall of records; which was read twice which was read twice by its title, and referred to the Committee on by ita title, and referred to the Committee on Public Buildings and Claims. Grounds. Mr. HARRISON introduced a bill (S. 128) to authorize the Secre He also introduced a bill (S.104) donating to the city of Saint Louis, tary of the Treasury to issue a duplicate certificate of deposit to the Mo., a certain strip of land for street purposes; which was read twice People's Bank of Lawrenceburg, Ind.; which was read twice by its by its title, and referred to the Committee on Public Lands. title, and referred to the Committee on Finance. · He also introduced a bill (S. 105) to providepermanentreservations He also introduced a bill (S. 129) authorizing the Secretary of War 1885. OONGRESSIONAL REOORD-SENATE. 129 to adjust and settle the account for a-rms, ammunition, and accouter He also introduced a bill (S. 151) granting pensions to the soldiers ments between the Territory of Montana and the United States; which and sailors of the Mexican war, to soldiers and sailors who served in was read twice by itB title, and referred to the Committee on Military the United States Army and Navy during the war of the rebellion, and Affairs. for other purposes; which was read twice by its title, and referred to He also introduced a bill (S. 130) for the relief of John Fletcher; the Committee on Pensions. · which was read twice by its title, and referred to the Committee on Mr. TELLER introduced a bill (S. 152) to establish a board of public Indian Affairs. education and to aid in the support of common schools in the several He also introduced a bill (S. 131) to provide for the erection of a States and Territories; which was read twice by its title, and referred public building at Madison, Ind.; which was read twice by its title, to tbe Committee on Education and Labor. and referred to the Committee on Public Buildings and Grounds. Mr. ALDRICH introduced_a bill (S. 153) establishing additional life He also introduced a bill (S. 132) for the purchase of suitable grounds saving stations on the seacoast of the United States; which was read in the city of Richmond, in the State of Indiana, and the erection there twice by its title, and referred to the Committee on Commerce. on of a public building for the post-office, United States collector's of He also introduced a bill (S. 154) to provide for ascertaining and set fice, United States commissioner's office, and for the use of other United tling a certain private land claim in the Territory of Arizona; which States officers in said city, and appropriating money for said purposes; was read twice by its title, and referred to the Committee on Private which was read twice by itB title, and referred to the Committee on Land Claims. Public Buildings and Grounds. He also introduced a bill (S. 155) for the relief of the heirs of Ed· He also introduced a bill (S. 133) to fix the salary of the judge of the mund Cole, of Rhode Island; which was read twice by its title, and district court of the United States for the district of Indiana; which was referred to the Committee on Claims. read twice by its title, and referred to theCommittee on the Judiciary. He also introduced a bill (S. 156) for the relief of George C. and He also introduced a bill (S. 134) granting an increase of pension to William J. Munro; which was read twice by itB title, and referred to Shadrach Brown; which was read twice by itB title, and, with the ac the Committee on Claims. companying papers, referred to the Committee on Pensions. He also introduced a bill (S. 157) for the relief of Ellen May Brown, He also introduced a bill (S. 135) granting a pension to Mary A. widow of Zachary T. Brown; which was read twice by its title, and Tibbets; which was read twice by its title, and, with the accompany referred to the Committee on Claims. ing papers, referred to the Committee on Pensions. He also introduced a bill (S. 158) granting a pension to Mary A. My He also introduced a bill (R-136) granting a pension to Bridget Sher kins; which was read twice by its title, and referred to the Commit lock; which was read twice by itB title, and, with the accompanying tee on Pensions. papers, referred to the Committee on Pensions. He also introduced a bill (S. 159) granting an increase of pension to Mr. MANDERSON introduced a bill (S. 137) to increase the effi Abby S. Slocum; which was read twice by its title, and referred to the ciency of the infantry branch of the Army; which was read twice by Committee on Pensions. itB title. He also introduced a bill (S. 160) granting a pension to Mary E. Mr. MANDERSON. Mr. President, desiring to submit to the Senate Crimmins, widow of Patrick Crimmins; which was read twice by its a few remarks upon the bill at some early opportunity, I ask that it lie title, nnd referred to the Committee on Pensions. upon the table so that I may call it up hereafter. He also introduced a bill (S. 161) granting a pension to Mrs. Ann E. The PRESIDENT pro tempore. The bill will lie on the table and Tew; which was read twice by its title, and, with the accompanying be printed. papers, referred to the Committee on Pensions. Mr. MANDERSON introduced a bill (S. 130) requiring notice of de He also introduced a bill (S. 162) granting an increase of pension to ficiency in accounts of principals to be given to sureties upon bonds of Mrs. E. S. Kelly; which was read twice by its title, and, with the ac· United States officials, and fixing a limitation of time within which companying papers, referred to the Committee on Pensions. suits shall be brought against said sureties upon said bonds; which was Mr. STANFORD introduced a bill (S. 163) releasing the estate of the read twice by itB title, and referred to the Committee on the Judiciary. late Frank Soule, late collector of internal revenue for the first district He also introduced a bill (S. 139) requiringtranscriptsofjudgments of the State of California, and his sureties on his official bond; which was obtained in United States conrtB to be filed with county officers having read twice by its title, and referred to the Committee on Finance. charge of judgment records in certain cases; which was read twice by Mr. CALL introduced a bill (S.164)toprohibitthejudges and courts • its title, and referred to the Committee on the Judiciary. of tl!e United States from authorizing the borrowing of money by re He also introduced a bill (S. 140) to provide thatju:lges of the United ceivers on the security of railroad or other corporate property beyond States circuit and district conrtB shall reduce their instructions to juries the amount of the annual net income; also from appomting receivers to writing in all States wherein by the laws thereof State judges are of railroads without satisfactory evidence of the condition of said com· required so to do; which was read twice by its title, and referred to pany upon an examination of its books and the person in charge of itB the Committee on the Judiciary. receipts and expenditures; which was read the first time by its title. He also introduced a bill (S. 141) to extend the provisions of the act Mr. CALL. Mr. President, I ask that this bill may lie on the table, of June 10, 1880, entitled "An act to amend the statutes in relation to and I give notice that I will ask the consent of the Senate to take it up immediate transportation of dutiable goods, and for other purposes,'' to at an early day that I may submit some remarks upon it before refer· the port of Omaha, in the State of Nebraska; which was read twice by ring it to the Committee on the Judiciary. its title, and referred to the Committee on Commerce. The conrtB of the United States are being made the frequent and con He also introduced a bill (S. 142) for the relief of John Breitling; venient instruments ofthe most apparent frauds, having no other founda- which was read twice by its title, and referred to the Committee on tion than fraudulent collusion between the officials of corporations and Claims. parties having a merely nominal interest, without reference to the in He also introduced a bill (S. 143) for the relief of Sallie Carroll; terests of the State or the people of the States by whom the franchises which was read twice by itB title, and referred to the Committee on were granted and to the loss or detriment of all honest and bona fide Claims. creditors, and of the domestic creditors and the people whose labor has He also introduced a bill (S. 144) granting an increase of pension to been made use of by them. GeneralS. W. Price; which was read twice byitBtitle, and referred to the The record of a case now pending in the State of Florida and of those Committee on Pensions. which have preceded it will conclusively establish this statement, and He also introduced a bill (S. 145) for the relief of James Bainter; the necessity of legislation not only in the interests of common honesty which was read twice by its title, and referred to the Committee on and justice but to preserve the good reputation of the conrtB of the Indian Affairs. United States and to prevent them from becoming the synonym of fraud He also introduced a bill (8.146) for the relief of GeorgeS. Com and robbery. stock; which was read twice by itB title, and referred to the Committee The PRESlDENT pro te:mpore. The bill will be considered read the on Indian A:ffa.irs. second time, and lie on the table. He also introduced a bill (S. 147) to reimburse GeorgeS. Fisher for Mr. BLACKBURN introduced a bill (S. 165) for the relief of Will• losses sustained by fire in Japan, November 26, 1866; which was read iam H. Gray, of Kentucky; which was read twice by its title, and twice by itB title, and referred to the Committee onForeigaRelations. referred to the Committee on Claims. He also introduced a bill (S. 148) for the relief of the heirs of Charles Mr. CALL introduced a bill (S. 166) for the relief of Perry G. Wall B. Smith, deceased, late a lieutenant in the Fifth Iowa Calvary; which and the executors of 0. B. Hart, deceased; which was rea twice by was read twice by its title, and referred to the Committee on Military its title, and referred to the Committee on Claims. Affairs. He also introduced a bill (S. 167) for continuing work on the bar of 1\Ir. WILSON, of Iowa, introduced a bill (S. 149) forfeiting a part of the Saint John's River, Florida; which was read twice by its title, and certain lands granted to the State of Iowa to aid in the construction of referred to the Committee on Commerce. railroads in that State, and for other purposes; which was read twice by He also introduced a bill (S. 168) for the improvement of the Saint its title, and referred to the Committee on Public Lands. John's River, Florida; which was read twice by its title, and referred He also introduced a bill (S.150) to quiet the title of settlers on the to the Committee on Commerce. Pes Moines River lands, in the State of Iowa; which was read twice by He also introduced a bill (S. 169) providing for the opening of a pas· its title, and referred to the Committee on Public Lands. sage through San Carlos Bay and the improvement of the Caloosahatchee XVII-9 130 CONGRESSION.A.L RECORD-SENATE. DECEMBER 8, River, Florida; which was read twice by its title, and referred to the He also introduced a bill (S. 193) for the relief of John Hollins Me Committee on Commerce. Blair; which was read twice by its title, and referred to the Committee He also introduced a bill (S.170) for the relief of Jane Latham Don on Military Affairs. elly, only surviving daughter and heir of Amos Latham, a soldier of Mr. BLAIR introduced a bill granting pensions to soldiers and sailors the Revolutionary war; which was read twice by its title, and referred of the Mexican war, the late civil war, and for other purposes; which to the Conimittee on Revolutionary Claims. was read twice by its title, and referred to the Committee on Pensions. He also introdnced a bill (S. 171) seeming the right of a party com He also introduced a bill (S. 194) to aid in the establishment and tem plainant in the United States courts to:fileasupplemental bill inequity porary support of common schools; which was read twice by its title, causes; which was read twice by its title, and referred to the Committee and referred to the Committee on Education and Labor. on the Judiciary. . He also introduced a bill (S. 195) to provide for the study of physi~ He also introdnced a bill (S. 172) for the relief of Herman Ruge; ology, and the effect of intoxicating, narcotic, and poisonous substances which was read twice by its title, and referred to the Committee on upon life, health, and welfare, by the pupils in the public schools of Claims. the Territories and the District of Columbia; which was read twice by 1\Ir. GIBSON introduced a bill (S. 173) to establish a navy-yard and its title, and referred to the Committee on Education and Labor. depot of supplies on the Mississippi River at Algiers, or at some point He also (by request) introduced a bill (S. 196) for the relief of Willis between Algiers and Port Eads; which was read twice by its title, and N. Arnold; which was read twice by its title, andreferred to the Com- referred to the Committee on Naval Affairs. mittee on Claims. · He also introduced a bill (S.174)to providefor theerectionofapub lie also introduced a bill (S. 197) to increase the pension of Flor lic building in the city ofNew Orleans, La.; which was read twice by its ence Murray; which was read twice by its title, and referred to the title, and referred to the Committee on Public Bnildings and Grounds. Committee on Pensions. He also introduced a bill (S. 175) for a public bnilding at Monroe, Mr. MITCHELL introduced a bill (S. 198) granting pensions to the La.; which was read twice by its title, and referred to the Committee soldiers and sailors of the Mexican war, and for other purposes; on Public Bnildings and Grounds. which was read twice by its title. He also introduced a bill (S. 176) to increase the endowment of the l\Ir. MITCHELL. I desire to state in connection with the.introd uc Louisiana State University and Agricultural College; which was read tion of the bill that it is the same one which was passed by the Senate t\vice by its title, and referred to the Committee on Public Lands. during the last Congress but which did not become a law. He also introduced a bill (S. 177) for the relief of the heirs of Maurice The PRESIDENT p1·o tempore. The bill will be referred to the Com Grivot ; which was read twice by its title, and referred to the Commit mittee on Pensions. tee on Claims. Mr. BLAIR. I introduced the same bill asthechairmanofthe com He also introduced a bill (S. 178) for the relief of Tobias G. Rich mittee has introduced, and I wish to withdrawt.heintroduction of the ardson and .Albert Baldwin, testamentary executors of the succession of bill of the same title. Cora A. Slocomb, Ida A. Richardson, and Caroline A. Urquhart; which Mr. MITCHELL. Had I known that fact I should not have intro wa read twice by its title, and referred to the Committee on Claims. duced my bill. 1\Ir. GEORGE introduced a bill (S.179) to provide a bnildingfor the Mr. BLAIR. I prefer that it should be introduced by the chairman use of the United States courts, post-office, customs office, and internal of the committee. revenue office at Vicksburg, Miss.; which was read twice by its title, The PRESIDENT pro tempore. The Senator from New Hampshire aud referred to the Committee on Public Bnildings and Grounds. asks leave to withdraw a bill introduced by him in respect to pensions. He also introduced a bill (S.180) supplemental to an act entitled "An If there is no objection, it may be withdrawn. act granting public lands in alternate sections to the State of Missis Mr. BLAIR. There is no difference except a slight difference in the sippi to aid in the construction of railroads in said State, and for other title. I inserted" the late civil war," and I suggest to the chairman purposes," approved August 11, 1856; which was read twice by its that possibly that amendment to the title of his bill will be no injury title, and referred to the Committee on Railroads. to it. He also introduced a bill (S. 181) to protect employes and servants The PRESIDENT pro tempore. If there be no objection, the Senator engaged in foreign and interstate commerce, and employes and serv from New Hampshire will have leave to withdraw his bill. ants in the District of Columbia and the Territories of the United Mr. MITCHELL introduced a bill (S. 199) for the retirement andre States; which was read twice by its title, and referred to the Commit coinage of the trade-dollar; which was read twice by its title, andre tee on Education and Labor. ferred to the Committee on Finance. Mr. FRYE introduced a bill (S. 182) to provide for a commission on Mr. RIDDLEBERGER introduced a bill (S. 200) to authorize the the subject of the alcoholic liquor traffic; which was read twice by its purchase of the Aqueduct Bridge or the construction of a bridge across title, and referred to the Committee on Education and Labor. the Potomac Riv.er at Ol' near Georgetown, D .. C.; ':"liich was read twice He also introduced a bill (S. 183) for the relief of Thomas S. Hop by its title, and referred to the Committee on the District of Columbia. kins, late of Company C, Sixteenth Maine Volunteers; which was read Mr. GOR:hiAN introduced a bill (S. 201) to provide for the erection twice by its title, and referred to the Committee on Pensions. of a public building in the city of Annapolis, Md.; which was read Heal o introduced a bill (S.184) for the encouragement of the Ameri twice by its title, and referred to the Committee on Public Bnildings can merchant marine, and to promote postal and commercial relations and Grounds. with foreign countries; which was read twice by its title, and referred He also introduced a bill (S. 202) for the relief of Ernest H. Ward to the Committee on Commerce. well; which was read twice by its title, and referred to the Committee He also introdnced a bill (S. 185) to provide for the erection of a pub on Military Affairs. lic bnilding at the town of Houlton, Me.; which was read twice by its Mr. CALL introduced a bill (S. 203) for the relief of Cyprian T. Jenk title, and referred to the Committee on Public Buildings and Grounds. ins; which was read twice by its title, and referred to the Committee He also introdllced a bill (S. 186) for the relief of Samuel D. Bailey; on Claims. Samuel D. Bailey, administrator of the estate of B. C. Bailey, and Nancy Mr. SHERl\IA.N introduced a bill (S. 204) granting a pension to S. Ballard, administratrix of the estate of Calvin Ballard; which was Frank Gray; which was read twice by its title, and, with the accom read twice by its title, and referred to the Committee on Claims. panying papers, referred to the Committee on Pensions. He also introdnced a bill (S.187) for the relief of Frederick W. Rug He also introduced a bill (S. ~05) for the relief of C. H. Eddy; which gles, of Westport, Nova Scotia; which was read twice by its title, and was read twice by its title, and referred to the Committee on Claims. referred to the Committee on Claims. He also introduced a bill (S. 206) to provide for the erection of a pub Mr. PLUMB introduced a bill (S. 188) to prevent the acquisition lic bnilding in the city of Zanesville, Ohio; which was read twice by of real property by aliens, and for other purposes; which was read its title, and, with the accompanying papers, referred to the Committee twice by its title. · on Public Buildings and Grounds. Mr. PLUMB. That is the same bill which was introduced by meat He also introduced a bill (S. 207) to provide for the erection of a pub the last session of Congress, and reported by the Committee on Public lic bnilding in the city of Youngstown, Ohio; which was read·twice Lands. I move its reference to the Committee on Public Lands. by its title, and referred to the Committee on Public Buildings and The motion was agreed to. Groi!lds. l\!r. PLUMB introduced a bill (S. 1A9) granting the right of way · He also introduced a bill (S. 208) for the relief of Alexander Swift & through the Fort Selden military reservation, New Mexico, to the Co., partners, and .Alexander Swift & Co. and the Niles Works; which Rio Grande, Mexico and Pacific Railroad Company; which was read was read twice by its title, and referred to the Committee on Claims. twice by its title, and referred to the Committee on Military Affairs. Mr. COCKRELL introd need a bill (S. 209) for the relief of the legal Mr. HOAR introduced a bill (S. 190) to establish a court of appeals; representatives of John M. Robeson, deceased; which was read twice which was read twice by its title, and referred to the Committee on the by its title, and referred to the Committee on Claims. Judiciary. He also introduced a bill (S. 210) for the relief of Charles P. Chou Mr. HAWLEY introduced a bill (S. 191) to establish an international teau; which was read twice by its title, and referred to theCommittee copyright ; which was read twice by its title, and referred to the Com on Claims. · mittee on the Judiciary. He also introd need a bill ( S. 211) for the relief of Wetmore & Brother, He also i.r!.,.oduced a bill (S. 192) to change the rank and pay of an of Saint Louis, Mo. ; which was read twice by its title, and referred to officer on the retired-list of the Army; which was read twice by its the Committee on Claims. tUle, and referred to the Committee on Military Affairs. He also introduced a bill (S. 212) for the relief of Samuel A. Lowe; 1885. CONGRESSIONAL RECORD-SENATE. 131" which was read twice by its title, and referred to the Committee on JOINT RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES. Claims. · L-QRGAh"'ZATION. He also introduced a bill (S. 213) for the relief of the estate of Lean At the commencement of each Congress, and of· each session t.herea.fter, it shall, on motion, be the duty of the Secretary of the Senate and Clerk ~ the der W. Black; which was read twice by its title, and referred to the House of Representatives to communicate promptly to the other House notice Committee on Claims. . of the appearance of a quorum and of the organization of their respective He also introduced a bill (S. 214) for the relief of Oscar Eastmond Houses for the transaction of business, which notice shall be in writing and be and James W. Atwill; which was read twice by its title, and referred duly attested by each of said officers. to-the Committee on :Military Affairs. II.-MEsSAGES. 1. All messages between the two Houses shall be oomm un icated by the Secre He also introduced a bill {S. 215) for the relief of Edward P. Vol tary of the Senate and Clerk of the House of Representatives, or by clerks desig lum; which was read twice by its title, and referred to the Committee nated by them for that purpose, which mes ages shall be announced at the door on Military Affa.irs. . of each House by the Doorkeeper or his assistant·, and shall be communicated to the Chair by the person by whom they may be sent. He also introduced a bill (S. 216) to authorize the Secretary of War 2. All messages from the President of the United States or the other House, all to furnll:h certificates of discharge to certain members of the Missouri reports and communications from the heads of Departments, and all communi Home Guards; which was read twice by its title, and referred to the cations a-ddressed to the Senate or House of Representatives, shall be placed in order on the table of the presiding officer of each House. Committee on :Military Affairs. 3. It shall be the duty of the presiding officer of each House, immediately after He also j ntroduced a bill (S. 217) for the relief of the estate of Thomas the reading and approval of the Journal of the proceedings of the last day's sit,.. L. Price, deceased; which was read twice by its title, and referred to ting, to lay before the Senate or House of Representatives, as the case may be, all messages on their respective tables, for reference to appropriate committees, or the Committee on Military Affairs. for such other action as may be deemed proper. He also introduced a bill (S. 218) to confirm the title to certain lands 4. All bills, joint and concurrent resolutions, referred to committees under the in Platt County, Missouri, and authorize patents to be issued therefor foregoing clause, shall be printed, unless otherwise ordered at the time of refer ence. to Kinsey B. Cecil; which was read twice by its title, and referred to ill.. -COMMITTEE OF THE WHOLE, the Committee on Public Lands. All bills, joint resolutions, or propositions involving a tax or charge upon the . He also introduced a bill (S."219) relinquishing the right of the people; all proceedings touching appropriations of money or property, or re United States to an island therein named; which was read twice by its quiring such appropriations to be made, or authorizing payments out of appro priations already made, or releasing any liability to the United States for money title, and referred to the Committee on Public Lands. or property, shall be first considered in a Committee of the 'Vhole, and a point He also introduced a bill (S. 220) to authorize the Secretary of the of order under this rule shall be good at any time before the consideration of a Interior to settle the claims of S. W. Marston, late United States Indian bill or joint resolution has commenced. agent at Union agency, Indian Territory, for services and expenses; IV.-GENERAL APPROPRIATION BILLS. which was rea-d twice by its title, and referred to the Committee on In 1. No amendment shall be in order to any general appropriation bill, the effect of which will be to increase an appropriation already contained in the bill, or dian Affairs. to add a new item of appropriation, unless it be to carry out the provisions of He also introduced a bill (S: 221) for the relief of Alexander Smiley; existing law, or treaty stipulation, or in pUisuance of a resolution of the House which was read twice by its title, and referred to the Committee on having the bill under consideration, unless the same be moved by direction of a standing or select committee. Finance. 2. No amendment which proposes general legislation shall be received to any Mr. MORRILL introduced a joint resolution (S. R. 1) filling exist general appropriation bill, nor shall any amendment not germane or relevant ing vacancies in tbe Board of Regents of the Smithsonian Institution; to the subject.-matter contained in the bill be received ; nor shall any amend ment to any item or clause of such bill be received which does not directly re which was 1·eud b-Yice by its title, and ordered to lie on the table. late thereto, and all questions of relevancy of amendments under this rule, . Mr. TELLER introduced a joint resolution (S. R. 2) directing the when raised, shall be decided without debate. cancellation of the one and two dollar United States notes; which was V.-ENGROSSED BILLS. read twice hy i t title. . Bills, joint and concurrent resolutions, which have passed either House, and Mr. TELLER I desire to have-the joint resolution lie on the table amendments thereto w bich shall have passed the other House, shall be engrossed on paper and attest-ed by the signature of the Secretary of the Senate or Clerk for the pre. eut. of the House of Representative,.., respectively, as the case may be. The PRESIDENT p1·o tempm·e. It will lie on the table. VI.-ENROLLED BILLS. Mr. ALDJUCH introduced a joint resolution (S. R. 3) for the relief 1. After a bill or joint resolution shall have passed both Houses it shall be duly of the widow and children of John W. Judson, late agent of the United enl'Olled on parchment by the Secretary or Clerk of the House in which said States at 0 wego N.Y., for public works on Lake Ontario; which was bill or joint resolution originated; shall be examined by a member of the Com mittee on Enrolled Bills of said House, who shall carefully examine and com read twicP- by its title, and referred to the Committee on Claims. pare the enrolled with the engrossed bill as passed by both Houses, and, correct,.. :Mr. PLUMB. I have introduced heretofore at different Congresses ing all errors, if any be found, report the said bill or joint resolution forthwith a joint resolution proposing an amendment to the Constitution of the for signature, as hereinafter pro':ided. 2. After examination of any bill or joint resolution by a member of the Com United Statfs. By the request of the same parties who induced me to mittee on Enrolled Bills of either House, it shall be reported, first to the llouse present the former amendment, I introduce now the same joint resolu of Representatives, where it shall be signed by the Speaker or Speaker pro • tion. tempore, and be communicated forthwith to the Senate for the signature of its President or President pro tempore, as the case may be in either House. The joint resolution (S. R. 4) proposing an amendment to the Con 3. After a bill or joint resolution shall have been thus signed in each House, it stitution of the United States in relation tQ the manufacture and sale shall be presented to the President of the United States by a member of the of intoxicating liquors was read twice by its title, and referred to the Comm.ittee on Enrolled Bills of the House in which it originated, which fact shall be indorsed on the back of said bill or joint resolution, and be duly at,.. Committee on Education and Labor. tested by the Secretary or Clerk, asthecasemaybe, of the House in which itdid originate. PAPERS WITHDRAWN AND REFERRED. 4. The member of the Committee on Eurolled Bills presenting tQ the Presi dent an enrolled bill or joint resolution, shall certify to the Secretary or Clerk On motion of Mr. DOLPH, it was of the House in which the same originated the date of such presentation, which ·Ordered, That the p apers of Ben Holladay be taken from the files and referred shall be entered on the Journal of said House. . to the Committee on Claims. VII.-REsOLUTIONS. On motion of 1lr. JACKSON, it was All resolutions which are to be presented to the President of the United States Ordered, That the papers in the cases of Alfred G. Hatfield, Mrs. Eliza. E. He or head of a Department shall be duly engrossed, attested by the Secretary or bert, William H. Crook, Frank aud Surah Della. Torre, and John Leathers be Clerk of the House adopting [or agreeing to] the same, and by him be presented withdrawn from the files and referred to the Committee on Claims, there being to the President or head of a D epartment as the case may be. no adverse reports. Ordered, That the papers in the case of William Wheeler Hubbell be withdrawn VTII.-BILLS, JOINT AND CONCURRENT RESOLUTIONS. from the files and referred to the Committee on Claims. 1. Each House shall transmit to the other all papers on which any bill, joint Ordered That the papers in the case of William E. Woodbridge be withdrawn or concurrent resolution shall be founded, and when a bill, joint or concurrent from the files and referred to the Committee on Patents, there b>}ing no adverse resolution which has passed one House shall be rejected i.n [byJ the other, it report. shall not be introduced or submitted again during the same sessiOn without a Ordered, That the papers in the case of Basil Moreland be withdrawn from the notice often days and leave of two-thirds of the House in which it shall be re files and referred to the Committee on Indian Affairs, there being no adverse newed. report. 2. When a bill, joint or concurrent resolution, which shall have passed one Ordered, That the papers in the case of 1\Iaj. William ?II. Maynadier be with House, is rejected by the other, notice thereof shall be given to the House pa.."S drawn from the files and referred to the Committee on Military Affairs, there ing the same. being no adverse report. 3. After each House shall have adhered to their disagreement, a bill, joint or Orde~·ed, That the papers in the case of Egbert Thompson be withdrawn from concurrent resolution shall be lost. · the files and referred to the Committee on Naval Affairs, therebeingnoadverse report. IX.-CoNFERENCES. 1. When a bill, joint or concm·rent resolution has passed one House and been Ur. COCKRELL. I ask that the sa-me order be made in regard tQ amended in the other, it shall be in order for the amending House to at once in sist on its amendment or amendments, and ask a conference thereon with the the various private bills I introduced, that the papers on file in each other House, or in case it does not so insist, and the originating House disagrees case be withdrawn and referred to the proper committee. to said amendment or amendments, it shall be in order at the time of such dis The PRESIDENT pro tempore. That order will be made unless agreement to move a conference thereon with the other House. If a conference there be objection. be ordered,t ~'!l presiding officer shall appoint three members as managers ~t the said conference on the part of the dissenting House, which action shall be JOINT RULES FOR THE TWO HOUSES. promptly communicated to the other House. If that House insist on its amend ment or amendments, and agree to the proposed conference, the presiding officer l!Ir. FRYE submitted the following resolu~on; which was referred thereof shall thereupon appoiht three Senators or Representatives, as the case may be, to represent said House at said conference, which action shall be to the Committee on Rules: promptly communicated to the other House. Resolved by Ute Senate (theHo'liseof Representative8 concurring), That the follow 2. All committees of conference shall meet at the call of their chairman, and ing be the joint rules of the two Houses. shall state verbally or in writing, as they may choose, the reasons for the action.e 132 CONGRESSIONAL REc-ORD-SENATE. DECEl\IBER 8, of their respective Houses touching the amendment or amendments in dispute Departments, 1,000 copies for the use of the members of the Senate, and 2,000 between the two Houses. It shall not be in order for a conference committee to copies for the use of the members of the House of Representatives. consider or include in their report matter or subjects not in dispute between Second. Of the President's message, the annual reports of the Executive De· their respective Houses, nor shall the committee change the text of a bill, joint partments, and the abridgment of accompanying documents, unless otherwise or concurrent resolution to which both Houses have agreed, unless it becomes ordered by either House, 10,000 copies for the use of the members of the Senate, necessary to change the text in order to perfect the bill after amendment. and 25,000 copies for the use of the members of the House of Representatives. 3. The presentation of reports of committees of conference shall always be in order, txceptwhen the Journal isbeingread,whiletheroll is being called, while Mr. MANDERSON. The Senator from Kansas will permit me to either House is dividing, or pending n. motion to adjourn, and a detailed state interrupt him. That, M I understand it, provides for printing the re ment sufficiently explicit to inform the two Houses what effect the report will have upon the subjects or propositions to which they relate shall accompany ports of the heads of Departments and all the accompanying documents every conference report. in extenso. This resolution provides, not for the accompanying docu X.-CALENDARS. ments, but simply for the reports of the Department chiefs, each of During the last ten days of a. session, when either House has proceeded to the which is but a small pamphlet. · consideration of business on a. calendar, bills, joint and concurrent resolutions of the other House shall be given precedence, and shall be taken up and dis Mr. MORRILL. Each with a paper cover. posed of in regular order unless otherwise ordered. :Mr. MANDERSON. In the natural order of printing we shall not Xl.-JOINT COMMITTEE ON THE LIBRARY. get the reports called for by the statute until late in Februa1-y or early There shall be a Joint Committee on the Library of Congress, to consist of three in March. members on the part of each House, to which shall be referred all proposed leg Mr. PLUMB. I wanted to know what the purpose of this was, islation or matters touching said Library, and all matters relating to statuary or whether we were to have a double number printed of the reports. It pictures or works of art which may come before either House. It shall also su perintend and direct the expenditure of all moneys appropriated therefor, and seems to me provision has already been made for printing all these docu shall perform such other duties as are or may be directed by law or order of the ments; but if any more are necessary, of course the resolution is proper. two Houses, and during the period between the end [expiration] of a Congress Mr. MANDERSON. This does not call for the printing of the ac and the commencement of the next, all duties devolving by law or otherwise on the Joint Committee on the Library shall be performed by the members of companying documents, but simply the reports proper. said committee on the part of the Senate of the preceding Congress. Mr. .ALLISON. I notice that this only provides for the printing of XII.-JOINT ADDRESS TO THE PREsiDENT. the report of the Director of the 111int, the Treasurer of the United When the two Houses shall judge it proper to make a joint address to the States, and one or two other subordinate officers in the Treasury. President it shall be presented to him at such place and time as he may desig Mr. MORRILL. And the reports of all the heads of Departments. nate by the President or President pro te~npore of the Senate in the presence of Mr. ALLISON. And of all the heads ofDepartments. I do not know the Speaker or Speaker pro tempore of the House of Representatives, and both Houses. whether that distinction has been kept up hitherto, or whether we have XITI.-sALE OF LIQUORS FORBIDDEN. been in the habit of printing also the report, for instance, of the Com No spirituous or malt liquors shall be offered for sale, exhibited, or kept within missioner of Pensions and of the Commissioner of the General Land the Capitol, or in any room or building connected therewith, or on the public Office and of the Commissioner of Indian Affairs and other subordinate grounds adjacent thereto; and it shall be the duty of the Sergeants-at-Arms of the two Houses, under the supervision of the presiding officers thereof, respect officers, which of course are in substance repeated in the reports of the ivelY:t to strictly enforce the foregoing provisions, and any officer or employe heads of Departments. In other words, I do not see any special reason of eitner House who shall in any manner violate or connive at the violation of why we should print the report of the Director of the Mint and there this rule shall be dismissed from office. port of the Treasurer of the United States which would not apply at TARIF DUTIES. least to the reports of some of the other heads of bureaus in our Gov Mr. CAMERON submitted the following resolution ; which WM read, ernment. There may be some reason, and, if so, I should be glad to and referred to the Committee on Finance : know what it is. Resolved, That inasmuch as the business industries of the country at present 1\Ir. INGALLS. I do not find upon a casual inspection of the Jour seem to be reviving, it is inexpedient during this Congress to pass upon any nals of some preceding sessions that similar aclion has been taken; and measure looking to a reduction of tariff duties. while it will be a very great affiiction to be deprived of the perusal of Resolved, That any future reduction-of the tariff should be based upon informa tion common to the country, as shown by complete census returns, and at such these messages and reports for a brief time, inMmuch M there is evi definite periods as can be readily anticipated and met by the different producing dently a misunderstanding about what has been done and what is now interests of the country. wanted to be done, I will move the reference of this resolution to the IMPROVEMENT OF BROAD CREEK, DELAWARE. Committee on Printing, so that we may have a report to-morrow or at Yr. GRAY submitted the following resolution; which wM considered such early day as they may see fit to act on the subject. by unanimous consent, and agreed to: 1\Ir. MORRILL. I have no objection, if the Senator from Kansas Resowed, That the Secretary of War be, and he hereby is, directed to com thinks that the proper thing to be done. I will say, however, that I muniCSI.te to the Senate information as to the state of the work done by the think precisely this was done at the last session of Congress. United States Government in 1881 and 1882 for the improvement of the navigation The PRESIDENT pro tempore. It is moved that the resolution be of Broad Creek, in Delaware, and what is necessary to complete said work, and the amount of money required therefor. referred to the Committee on Printing. The motion was agreed to. PRINTING OF DOCUMENTS. Mr. MORRILL submitted the following resolution: COMMITTEE SERVICE. Resolved, That there be printed for the use of the Senate 1,000 copies of the an 1l'Ir. RIDDLEBERGER. I want respectfully to ask to be relieved nual message of the President and the reports proper of the heads of Depart;. from further service upon the Committee on Railroads. I do not make ments, Comptroller of the Currency, Director of the Mint, and Treasurer of the United States, not including appendices. the request because I feel any very severe rebuke from the vote of the Senate to-day; but I have served on that committee for two years and Mr. 1\IORRILL. I desire to state that unless this resolution shall I do not think I have been of much consequence to it. I hope it will pass at the present time, or soon, we shall be delayed in receiving these be the pleasure of the Senate to allow me to withdraw from it. The reports of the different Departments for about ninety days. This is committee at best is not a very desirable one to be upon, and especially intended to obviate the delay so that we can have these documents, as so if it is simply to hear arguments and discussions and hold interniin t.hey are already in type, printed at once. I think there will be no able sessions and then to have nothing else to do but hear. I prefer objection. I believe the Uommi ttee on Printing are in favor of the res that some other Senator who comes from some section of the country olution. that understands the peculiar questions which come before that com Mr. :MANDERSON. I understand that this is the usual resolution mittee shall occupy the place I now do on it. passed for the printing of the President's message and accompanying Mr. INGALLS. The subject to which the Senator from Virginia reports. refers is under consideration at the present time, and I will therefore Mr. PLUMB. I should like to have the resolution ;lgain read. move that the Senate do now adjourn. The Chief Clerk read the resolution. Mr. RIDDLEBERGER. I do not want to occupy the iloor; but I :Mr. :MANDERSON. All the matter is in type, I understand, and hope the Senator from Kansas will not compel me to do what the Pre the cost of printing this thousand copies will be quite small. I should siding Officer of this body did on another occasion-simply decline 1o like to know, however, from the Senator from Vermont whether he serve. I respectfully ask to be excused. I think the Senator from desires by this resolution to place the message and aecompanying re Kansas can afford to allow me tQ do that. ports under one cover. The PRESIDENT pro tempore. Does the Senator from Kansas with Mr. MORRILL. No, to have each separately, as the various reports draw his motion? will be called for by Senators and theirconstituents. It isagreatcon 1\Ir. INGALLS. I did not understand that the Senator from Vir venience to have them early in the session, instead of waiting until ginia desired immediate action on the suggestion he made. He de next March for them. clines to serve on the committee. I do not understand that the fact Mr. PLUMB. There is a provision of the Revised Statutes, section of my making the motion to adjourn will interfere with his wishes. 3798, which provides for the printing of all the documents ordinarily Mr. RIDDLEBERGER. I merely ask the Senator out of courtesy known as documents accompanying the President's message, and I to allow the Senate to excuse me now. I know they will not hesitate want to know something about what we are to get as the result of this to do it. appar.ent duplication. The section provides: The PRESIDENT pro tempore. Does the Senator from Kansas in or the documents named in this section there shall be printed and bound, in sist on his motion to adjourn? stdditJon to the usual number for Congress, the following numbers of copies, namely: Mr. INGALLS. I think I shall ask a vote on my motion to adjourn First. Of the documents Mcompanying the annual reports of the Executive now. 1885. .CONGRESSIONAL RECORD-HOUSE. 133 The PRESIDENT pro tempore. The Senator from Kansas moves that Resolved, That a. copy of these resolutions be tra.nsruitted by the Clerk of the House to the fa.m ily of the deceased. the Senate adjourn. Resolved, That the Clerk be directed to communicate a. copy of these proceed The motion was agreed to; and (at 4 o'clock and 14 minutes p. m.) ings to the Senate, and that as a further mark of respect to the memory of the the Senate adjourned. deceased this House do now adjourn. The SPEAKER. The gentleman from lllinois (Mr. HOPKINS] .asks that the resolutions just read lie on the table for the present, and states that he will request the House at some future time to designate a day HOUSE OF REPRESENTATIVES. for their consideration. If there be no objection, that course will be TUESDAY, pursued as to the resolutions proper. The last resolution proposes that Dece!nber 8, 1885. the House do now adjourn; and the question is upon that motion. The House met at 12 o'clock m. Rev. W. H. MILBURN, D. D., The motion was agreed to; and accordingly (at 3 o'clock and 10 Chaplain-elect of the Honse, offered the following prayer~ minutes p. m.) the House adjourned. Almighty and everlasting God! Shrouded in the mystery of the solemn event, we stand in thought with love and sorrow by a new . PETITIONS, ETC. made grave, the grave of our Vice-President, praying Thee to help us to lay to heart the lesson of his life, that sobriety, courtesy, honor, mag The following petitions and papers were laid on the Clerk's desk, nanimity, coupled with unflinching courage and fidelity to conviction, under the rule, and referred as follows : with virtue and religion, are true sncess. Help us likewise to lay to By Mr. BALLENTINE : Papers relating to the claim ofWilliam Wat heart the lesson of hislife'send, thatthereis but a step betwixt us and kins-to the Committee on Claims. death; that when our last hour shall come we too may depart in peace, Also, papers relating to claims of Asa Faulkner, Lewis Faulkner, and having a good conscience toward God and man. To the widow, who S. B. Sparloch-tothe Committee on War Claims. sits in her desolation we pray Thee come with comfort and consolation. Also, petition of AsaFanlkner, of Warren County, Tennessee, asking These and all other things necessary for life and godliness we humbly compensation for 1,115 pounds of cotton taken by the United States ask in the name and through the merits of Jesus Christ, our Lord. Army in 1863-to the same committee. Amen. Also, petition of Matthew Allison's heirs, asking the refunding of The Journal of the proceedings of yesterday was read and approved. money unlawfully taken from said Allison by the military officers of the United States and transmitted to the Secretary of the Treasury-to QUALIFICATIONS OF MEMBERS-ELECT. the same committee. The SPEAKER. The Chair is advised that some Representatives Also, petition of Samuel ~ondson, of Tennessee, asking com pen.:. electwhowere not present in their seats yesterday are now in the Hall. sation for stores and supplies taken for the use of the United States If so, they will now come forward and take the oath of office. Army-to the same committee. l\Ir. THOMAS CROXTON of Virginia, Mr. RICHARD GUENTHER of Also, application of the bishop of Tennessee for compensation for St. Wisconsin, and Mr. JOHNS. HENDERSON of North Carolina presented Peter's and St. Paul's church building at Chattanooga, Tenn., used by themselves and were duly qualified by taking the oath prescribed in the United States Army-to the same committee. section 1757 of the Revised Statutes. By Mr. BAYNE: Papers relating to the claim ofNicholasJ. Bigby, of Pittsburgh, Pa.-to the same committee. QUALIFICATION OF CHAPLAIN-ELECT. By Mr. CULBERSON: Papers relating to the claim of Horace Bough The SPE~R. The Chair will also administer the oath of office ton-to the Committee on Claims. to the Chaplain-elect. By Mr. GEDDES: Papers relating to the claim of Joseph W. Par Rev. W. H. MILBURN, D. D., was then duly qualified by taking the ish-to the Committee on War Claims. oath prescribed by law. By Mr. HARMER: Petition of Mary F. Potts-to the Committee on COMMITTEE ON MILEAGE. Patents. The SPEAKER. If there be no objection, the Chair will appoint Also, petition of Joseph Van Holt, for allowance of pension-to the temporarily a special committee on mileage, in order that the accounts Committee on Invalid Pensions. of members may be adjusted. Is. there objection? The Chair hears By Mr. HEPBURN: Petition of citizens of Lucas, Iowa, asking that none. The Chair appoints as the committee the gentleman from Arkan a pension be granted Robert Gray-to the same committee. sas, l\Ir. RoGERS, the gentleman from Texas, Mr. WELLBORN, the gen By Mr. LIBBEY: Petition ofWilli.amE. Woodbridge, for extension tleman from Indiana, Mr. HowARD, the gentleman from Massachusetts, of patent-to the Committee on Patents. Mr. RANNEY, and the gentleman from Califo~ Mr. FELTON. Also, papers relating to claim of Edward Byrne, late captain Tenth United States Cavalry-to the Committee on Military Affairs. · PRESIDENT'S ANNUAL MESSAGE. Also, papers relating to claim of Mrs. E. E. Hebert-to the Com Mr. BLOUNT (appearing at the bar of the Honse in company with mittee on War Claims. Mr. RANDALL and Mr. REED) said: Mr. Speaker, the committee ap Also, papers relating to claim of James Millinger-to the same com pointed by the two Houses of Congress to wait upon the President of the mittee. United States and inform him of their organization for business, and Also, papers relating to claim of William Wheeler Hubbell-to the. their readiness to receive any commnnica~ons he might be pleased to Committee on Patents. -. . make, have discharged that duty; and the President has replied that Also, petition for relief of Egbert Thompson-to the CoiDJllittee on he would immediately commnnicate.with the two Houses in writing. Naval .Affairs. [A message in writing_from the President of the United States was Also, papers relating to claim of Alfred G. Hatfield-to the Com communicated to th~ House by Mr. PRUDEN, orie ofhissecretaries.] mittee on War Claims. The SPE~R. The Chair lays before the House the annual mes By Mr. McRAE: Paper relating to the claim of Jacob Cagle, of Polk sage of the President of the United States, which the Clerk will proceed County, Arkansas, for supplies taken for the use of the United States to read. · during the late war, stated at $366.76-to.the same committee. [The message, which will be found in another part of to-day's REc By Mr. O'DONNELL: Memorial of Edward Stone; in relation to ORD, was read.] commutation-money-to the Select Committee on Payment ofPensions, Mr. MORRISON. Mr. Speaker, I move that the message just read Bounty, and Back Pay. be referred to the Committee of the Whole House on the state of the By Mr. CHARLES O'NEILL: Papers relating to the claim of Mrs. Union, and be printed. Catharine P. French-to the Committee on War Ciaims. The motion was agreed to. By Mr. PERKINS: Petition of A. H. McDonnell and 54 others, citi zens of Montgomery County, Kansas, asking for the free coinage of sil DEATH OF HON. REUBEN ELLWOOD. ver and for other legislation-to the Committee on Coinage, Weights, l\Ir. HOPKINS. Mr. Speaker, I rise to perform the sad duty of an and Measures. . nouncing to the House the death of my _predecessor, Hon. REUBEN ELL By :Mr. STORM: Papers relating to the claim of Tilghman Weaver, wooD, late a member of this House from the State of illinois, who died of Fauquier County, Virginia-to the Committee on War Claims. at his home in the city of Sycamore on the 1st day of July last. I de By Mr. TUCKER: Papers relating to the claim of C. P. Culver and sire also to express in some slight degree the profound sorrow of the :Mrs. C. P. Culver-to the Committee on Claims. people of ihe fifth district of the State of illinoiS in the death of their By l\Ir. J. B. WEAVER: Petition of H. L. Bartholomew and 123 able and distinguished Representative. others, of Ohio, requesting that the coinage of silver be placed on an I ask to have read the resolutions which I send to the desk, and beg equal footing with gold, and that one and two dollar notes be kept in leave to state that ~t some future and more convenient time the House circulation and that they be issn~J. in quantities sufficient to answer the will be called upon to further consider them and to accord to mem demands oflabor and trade-to the Committee on Coinage, Weights, and bers the privilege of expressing the esteem in which the memory of the Measures. . deceased is held.· Also, petition ofFrank Willett and 63 others, citizens of Hale, Kans., The Clerk read as follows: praying that silver be placed upon an equal footing with gold as to coin Resolved, That this House ha s heard with profound sorrow of the death of age, that coin certificates be issued in denominations of$5 and less, and Jilon. REuBEN ELLWOOD, late a. member of this House from the State of Dlinois. that one and two dollar notes be kept in circulation and that they be