1886. CONGRESSIONAL RECORD-HOUBE. 7473 a great deal of discussion concerning it; but I think its present status The PRESIDENT pro tempore. The question is on the amendment is that it is not in the bill. of the Senator from Kansas. Mr. MANDERSON. I am afraid if offered to the deficiency bill that The amendment as agreed to-. it would be subject to a point of order that will not be raised here. It Ur. ALLISON. I desire to say one word and then offer an additional is offered as an amendment to the sundry ci vii bill. amendment. Mr. ALLISON. I will agree for one to waive the point of order. The Secretary of the Treasury and the Treasurer of the United States Mr. HOAR. Let there be unanimous consent that this amendment wrote me a day or two ago that if the provision with reference to small may stand in relation to the deficiency bill as it now stands in relation silver certificates should prevail the issue and distribution of these cer­ to this bill. tificates would be from the subtreasru·y inNew York, and that it would Mr. HALE. The invariable practice of the Committee on Appropri­ be absolutely necessary to increase to a small extent the clerical force ations is where an amendment is referred to that committee to be con­ t_here. I ask now to offer an amendment increasing the clerical force, sidered in connection with the sundry civil bill it is proper as a defici­ after line 1083, by inserting: ency to consider it on that bill and to consider that it is not subject to For additional clerical force for the assistant treasurer at New York, $6,4.00, the point of order. or so much thereof as may be necessary. The PRESIDENT pro tempore. Does the Senator from Nebraska The amendment was agreed to. withdraw his amendment? The amendments were ordered to be engrossed and the bill to be Mr. ALLISON. No point of order shall be made. read a third time. Mr. MANDERSON. I ask unanimous consent that the point of The bill was read the third time, and passed order shall not be made when I offer the amendment to the deficiency bill. MESSAGE FROM THE HOUSE. The PRESIDENT pro tempore. That is understood. A message from the House of Representatives, by 1\Ir. CLARK, its Mr. DOLPH. I move to amend, on page 50, after line 1211, by in­ Clerk, announced that the House had passed the bill (H. R. 3186) to"de­ serting: clare a forfeiture of lands granted to the , Baton Rouge For the establishment of a. salmon hatchery upon the Columbia. River, its trib­ and Vicksburg Railroad Company, to confirm title to certain lands, and utaries, or their branches, and for the current expenses of the same for one year, for other purposes; in which it requested the concurrence of the Sen­ 815,000. ate. The question being put on the amendment, the Chair declared that REPORT OF .A COMMITTEE. the ''noes '' appeared to prevail. · . . . 1\Ir. HOAR, from. the Committee on Claims, to whom was referred Mr. DOLPH. I call for the yeas and nays. t.he bill (S. 2871) for the relief of Semon, Bache & Co., reported it with­ The yeas and nays were ordered; and the Secretary proceeded to call out amendment. the roll. HOUSE BILL REFERRED. Mr. COLQUITT (when his name was called). I am paired with the Senator from Rhode Island [Mr. CHACE]. The bill (H. R. 3186) to declare a forfeiture of L'tnds granted to the Mr. CULLOM (when his name was called). I am paired with the New Or.leans, Baton Rouge and Vicksburg Railroad Company, to con­ Senator from Louisiana [Mr. Eusns]. firm title to certain lands, and for other purposes, was read twice by its The roll-call was concluded. title, and referred to the Committee on Public Lands. Mr. PLUMB {afterhavin~voted in the negative). Iampairedwith DEFICIENCY .APPROPRIATION BILL. the Senator from Alabama LMr. MoRGAN], and withdraw my vote. Mr. McMILLAN. My colleague [Mr. SABIN] is detained from the Mr. HALE. I ask unanimous consent-! suppose there will be no Senate by illness. o~jection-to take up the general deficiency appropriation bill. Mr. KENNA. The Senator from Nevada [Ur. F.Am.] is paired on There beingnoobjection, the Senate, as in Committee of theWnole, pro­ this question with the Senator from_Minnesota [Mr. SABIN]. My col­ ceeded to consider the bill (H. R. 9726) making appropriations to sup­ league [Mr. CAMDEN] is paired with the Senator from Rhode Island ply deficiencies in the appropriations for the fiscal year ending J nne 30, [Mr. ALDRICH]. 1886, and for prior years, and for other purposes. The result was announced-yeas 29, nays 17; as follows: Ur. HALE. I ask that the formal reading of the bill be dispensed with, and that then the amendments of the Committee on Appropria­ YE.AS-29. tions be first acted on as recited in the reading. Blair, Harrison, Manderson, Teller, The PRESIDENT pro tempore. The Chair hears no objection t{) that Butler, Hawley, Miller, VanWyck, Call, Hearst, Mitchell of Oreg., Vest, suggestion, and that order is agreed to. Dolph, Hoar, Ransom, Waltliall, Mr. CULLOM. I move that the Senate adjourn. :Evarts, Jones of .Arkaneas, Riddleberger, Wilson of Iowa. Mr. BLAIR. I desire to say to the Senate that on Monday morning )<'rye, Jones of N e>ada, Sawyer, George, tMcMillan, Sewen, I will ask part of the morning hour to attend to pension legislation. Gray, \Ulahone, Spooner, The PRESIDENT pro tempore. The Senator from illinois moves that NA"YB-17. tbe Senate adjourn. Allison, Coke, Harris, Sherman, The motion was agreed to; and (at 10 o'clock and 31 minut-es p. m.) ~eck, Dawes, Kenna, Whitthorne. the Senate adjourned until Monday, July 26, 1886, at 11 o'clock a. m. Gibson, McPherson, Bf~burn, Gorman, Maxey, Cockrell, Hale, Platt, ABSENT-30. .Aldrich, Cullom, Mitchell of Pa., Sabin, ~OUSE OF REPRESENTATIVES. Bowen, Edmunds, Morgan, Saulsbury, Brown, Eustis, Morrill, Stanford, SA1.'URDAY, July 24, 1886. Camden, Fair, Palmer, Vance, Cameron, Hampton, Payne, Voorhees The House met atll o'clock a.m. Prayer by Rev. Dr. BULLOCK, of Chace, Jnga.lls, Pike, Wilson or1 Md. Washington, D. C. . Colquitt, Jones of , Plumb, Conger, Logan, Pugh, The Journal of yesterday's proceedings was read and approved. So the amendment was rejected. FURLOUGHS, INTERIOR DEP .ARTim.NT. Mr. PLUMB. On page 60, line 1452, I move to strike out of that ·The SPEAKER laid before the House a communication from the Sec­ paragraph all succeeding the word ''dollars.'' retary of the Interior in reply to a resolution of the House asking for The Chief Clerk read the words proposed to be stricken out, as fol- information in regard to leaves of absence and furlong~ of employes in ~~= . that Department; which was referred to the Select Committee on Re­ All fees collected by registers or receivers, from any source whatever, which form in the Civil Service. would increase their salaries beyond $3,000 each a. year, shaH be covered into the Treasury. LEAVE OF ABSENCE. Mr. PLUMB. I will state brietly in regard to it that this provision By unanimous consent leave of absence was granted as follows: does not work a limitation upon the salaries of receivers. The only To Mr. W .AI~LACE, for three days, on a-ccount of important busi- possible effect of it is to take away from them the fees which are paid ness. l1y contestants in land contests, and which now they use to pay tor To Mr. OwEN, until Tuesday next, on account of sickness. clerk-hire for the doing of the work necessary to carry on the contests. To Mr. O'NEILL, of Pennsylvania, until Monday. In all the land districts of the United States where there are many. To Mr. McKINLEY, for three days, on account of important busi­ contests of entries the work is behind. If this provision remains i.n the ness. bill the contests can not be heard, and they are not only burdensome To Mr. WHITE, of Pennsylvania, for four days, on account of im­ to claimants themselves, but they result in the holding of a very large portant business. amount of public land from settlement and use because of the doubt ENROLLED BILL SIGNED. about the title. Mr. NEECE, from the Committee on Enrolled Bills, reported that XVTI-468 7474 CONGRESSIONAL RECORD-HOUSE. JULY 24:, they had exrunined and found dnly enr.olled a bill of the following title; on the ·surgeon and was e.xamined,Alnd the ne.xt morning was found beheaded on the railroad track under such circumstances as indicated suicide. when the Speaker signed the same: ~ The claim of the widow was rejected by the Pension Bureau on the gt'Ound A bill (S. 901) to grant to the Astoria and Winnemucca Railroad that the able of taking care of himself The SPEAKER. It has not. while obeying the order of the Pension Office in presenting himself before the Mr. PAYSON. I understood the gentleman from Pennsylvania to surgeons at Spart.a for examination. say that the Committee on the Pnblic Lands would have to-night. Second. If the President is right in his supposition of the cause of death, we think- the case is still stronger for the granting of a pension, and it appears to Mr. RANDALL. I did not say the Committee on Rules had reported your committee that under the unbroken decisions of the Secret~ry of the In­ it back; but the House by its voteon yesterday fixed to·night for that terior, the Pension Office under such circumstances should have granted the committee. application of claimant for a. pension. The man was in such physical condition I as to show that his mind was enfeebled and probably dethroned; that suicide, Mr. PAYSON. But nndel'b--tand it requiresa report from the Com­ if it occurred, was the act of a diseased mind, caused by o. terribly diseased and mittee on-Rules. enfeebled body. Claimant is entitled to this presumption, if presumptions are 1\Ir. RANDALL. I did not say it had _been reported. to be indulged in. · The following decisions of the Interior Department willshow the usual rulings Mr. PAYSON. I know the gentleman did not state that, but I un­ of the Government in relation to presumption of facts, to wit: Pension laws derstood him to say that the committee would have to-night. should be construed and executed in the liberal and generous spirit which Mr. RANDALL. I said so. The House has fixed this evening by prompted their enactment, and when doubts can not be resolved by evidence, presumptions should incline towards the claimants; following this view in the its vote on yesterday for that business. case of a man who was found dead in his tent with a. bullet wound in the head, The SPEAKER. The Chair will state that theCommitteeon Rules the fact that be committed suicide can not be presumed, it mnst be proved be­ could make no change in the resolution which instructed them to do a fore the claim of his widow for pension can be rejected. (Vimont, Mary Jane, certain thing. If there be no objection, the order will be made now. application No.65231; Harlan, James, Secretary, January 17, 1866, vol.l, page 50; Benner, Mary A., application No.137738; Delano C., Secretary, January 1\Ir. PAYSON. My inquiry was whether the committee had or had 29, 1874, vol. 3, page 94); and so if it is p-c.eswned that he committed suicide, it not acted in pnrsuance of the order of the House. should under the circumstances in this case be presumed that his disease made The SPEAKER. The Chair will again state that the Committee on him insane. The claimn.nt and her family of eight little children are, as the message of the Rules, if they had a meeting, could do no more than report back the President admits, in a. pit.iable conditiQn. He says: "His wife and family pre­ resolution nnder the instructions. sent pitiable objects for sympathy." As your committee are still of the opinion that the death of the soldier is fairly attributable to his military service; that his Mr. -RANDALL. The nnderstanding was that at some time during d.isease, contracted in the service, was such thatiteitherrendered him too weak the day the Committee on Rules would obey the order of the Honse. toavoid destructionbythe passin,gtrain,ordeprivedhimofreason whereby he, 1\fr. ANDERSON, of Kansas. Why not do it now? in o. demented or crazy condition of mind, threw himself under the train, and The SPEAKER. It will be done some time dming the day. that if his death had thnsoccurred he could not have long survived. The committee believe that the pitiable condition of the claimant should bo INCREASE OF NAVAL ESTABLISIDIENT. relieved, and therefore recommend that the bill do pass notwithstanding the objections of the President. The House, in obedience to the vote just taken, resolved itself into [IIonse Ex. Doc. No. 322. Forty-ninth Congress, first session.] Committee of the Whole on the state of the Union, 1t1r. CBISP in the 1\Ies age from the President of the United States, returnin,g House bill No. 7436, chair. wlth his objections thereto. . The CHAIRMAN. The Clerk will report the title of the bill which To the Hou.se of .Representatives: is a made a special order fur to-day. I return herewith without approval House bill No. 7436, entitled "An act to The Clerk read as follows: gThfs~I:i:'!~t i~t~:~J::~?Ri~~ard Anderson, who at the time of his death A bill {H. R. 6664) to increase the nav l establishment.. was receiving a pension on account of -chronic diarrhea -contracted in the serv­ Mr. HERBERT.. I ask unanimous consent to disl)enSe with the firat ice. On the 7th day of February,l882, the deceased pensioner went to Spn.rta, in formal reading of the bill. the State of Wisconsin, to be examined for an increase of his pension. He called There was no objection, and it was so ordered. 1886. CONGRESSIONAL RECORD-HOUSE. 7475

Mr. HERBERT. Ur. Chairman, thedevelopmentin thearto(mak­ T'ne recent patriotic letter of our great statesman ltb, Tilden, too; is ing war at sea in the last twenty years is simply wonderful. fresh in our minds. · \Vo-all remember the bombardment of Alexandria by the British But it is urged with great persistency tbat we ought not to expend fleet in 1882. Stone forts like ours at Bost.on and New -York afforded money in building a navy because improvements are constantly being no protection. Before modern artillery they were as if made ·of

Sir, even while I speak there are unsettled questions with Cana,dian labor and requires time and patience; to build it requh-es time and pa­ fishermen. These questions are not without their dangers. To add to tient labor. the complication the Eng1ish doubtless feel some offense at the sym­ The act of March 3, 1883, authorized the constroc~ion of three pathy shown by Americans for ~he Irish in their struggle for home rnl e. and a dispatch boat. These were the first modern vessels ordered by And it was only last year we had occasion to use our Navy on the Congress. Secretary Chandler began at once to devise them. On the Isthmus of Panama. Great Britain claims treaty rights and French­ 28th of April be advertised for offers. The contracts were closed in men have interes~ there. What if France or England had forbidden July, 1883, and the vessels were to be built all within eighteen months, our interference and war had resulted? Sir, it is not too much to say and still these ships (the , Boston, Atlanta, and Dolphin) are that our Navy would go down before that of France or England or G_er­ not completed. 'I'hey will all, however, be ready for sea before Mr;rch many or Italy in half an hour, like that of China before Admiral nexir-that is, within four years from the pa.sSage of the act authoriz­ Courbet. ing them. The $186,000 necessary to their completion is carried in the War in this age of steam is short, sharp, and terrible. Austria was annual appropriation bill. The delays in the construction of these defeated at Sadowa, seventeen days after her emperor had issued his war ships, those which occurred before the failure of the contractor, re­ manifesto. Napoleon III surrendered himself with one hundred thou­ sulted from alteration of plans after the vessels were begun. This has sand men at Sedan within forty-seven days after he had declared war been a frequent cause of delay in the construl'!tion of such vessels. against Prussia. A careful study of the history of recent I1aval ship-building in Eng­ If a naval descent upon our coast cities were· planned it would come land shows that delays in the construction of modern vessels are inevi­ almost like the lightning. It would be upon us before breakfast. table. They occur if not in maturing plans, then certainly afterward Sir, I can not understand gentlemen who shut their eyes upon the in altering them. The Ravensworth report sets this forth clearly. lessons of experience and philosophize themselves into the belief that The act of March, 1885, authorized the construction of two more war will never come again. cruisers and two and app1·opriated for that purpose $1,895,- Twenty-six years ago I listened to a great orator theorizing in that 000. With the experience before him gained from the construction of manner. He was the most eloquent man I ever heard. He stood by a the Boston, Chicago, Atlanta, and Dolphin the new Secretary went cotton bale, which was on end before him, as he spoke. He was argu­ very carefully to work. His purpose has been to perfect plans before ing that secession would be peaceable; that there would be no war; that giving out work. He believes it is better that delays should occur be­ Europe could not afford to let the North coerce the South. After dis­ fore than after construction begins, and he hopes by taking great pains coursing eloquently upon the distress that would come upon the indus­ with plans to avoid the necessity_for alterations. It therefore. results trial world if the supply of cotton should be cut off by a blockade he that invitations for proposals have not yet been advertised. Such ad­ brought his hand. down upon it and proclaimed with triumphant em­ vertisements, however, will be out in a few days. One of these vessels phasis, ''This cotton bale will command the peace. ' ' the Secretary proposes to build after the plans of the Nani-wa-kan, a Within four years and a half mighty armies had swept over the spot 4,000-ton cruiser, recently built by an English firm for the Japanese where he spoke, leaving death, desolation, and despah- behind them, Government. This vessel is the fastest of her class in the world, mak­ and the great orat-or had sunk broken-hearted into his grave. ing 18.9 knots an hour. It is the last and best result of twenty years The -old Democratic idea, as expressed by James K. Polk, was that of costly experience in the building of metal ships in England. The our Navy should be increased in proportion "to the growing interests Secretary bought from the builder the plans and working drawings all to be protected" by it. complete. Let us contrast our present expenditures with those made thirty years With one accord.A.mericansbip-buildersand their designers, who have ago for the Navy. '· examined these plans approve the project, and they believe that, having In 1856 our population was 27,000,000, oo,r exports and imports com­ these plans to work from, we will hereafter improve upon them. Util­ bined six hundred and twenty-five millions, and our wealth eleven and izing information gained from the experience of other nations is pre­ a half billions of dollars. That was the day of wooden ships and cast­ cisely what we have already done in our Ordnance Bureau, and it is the iron guns. Our expenditmes for the Navy in that year were $14,074,- theory upon which the Navy Department has always proceeded-that 000. And this was not an exceptional expenditure. The appropria­ to be abreast of the times we should have accurate knowledge of all tions for the Navy were more than fourteen mill~ons in 1858 an'd more improvementsabroad. Itiswhateveryengine-builder and ship-builder than fourteen millions in 1859. in this country does. Prior to 1882 each bureau in be Navy Depart­ Now in this day of steel ships and steel guns, incalculably more ex­ ment obtained this information for itself: March 23, 1882, Secretary pensiYe, with a population of 55,000,000, with exports and imports com­ Hunt established the office of Naval Intelligence. Secretary Chandler bined amounting to thirteen hundred and seventy-two millions, and continued and fostered it, and Secretary Whitney has still further util­ wealth equal to $54,000,000, 000-in other words, when our popuJation ized it. bas more than doubled, our exports and imports more than doubled, I feel sru·e that the result will vindicate the wisdom of the Secretary's and our wealth quintupled, we have just passed in the House a bill ap­ course. propriating for the expenses of the Navy less than $13,000,000. Your committee does not believe, as I have before said, that we are If we should carry out President Polk's idea and increase our naval called upon to build a navy equal to that of England or France. At establishment in proportion to the magnitude of the interests to be pro­ the same time we should not utterly disregard what bas been done and tected (and certainly a due proportion of all this increase is in the cities is doing elsewhere. We do not believe we have yet passed entirely be­ on our coast), we should spend on the Navy more than $28,000,000. yond the wisdom of President Polk, who in his first annual message This would give us fo1· the increase of the naval establishment $15,000,- December 2, 1845, said: 000 per annum. Considering an in<>reased naval force, and especially of steam-vessels, corre­ Sir, it would be an easy matter to put our Navy back where it be­ sponding with our growth and importance as a nation and proportioned to the longs, to give it that place among the navies of the world assigned to increased and increasing naval power.of otller nations of vast importance as re­ gards our safety and tbe great and growing interests to be protected by it, I •·ec­ it by the wise statesmanship of the past. 'Ve have bot to make mod­ ommen d the subject to the fa.vomble consideration of Congress. erate appropriations from an ov-erflowing treasury, avail ourselves of the experience of other nations, the results of which are all at hand, and Let us look a moment at the fleets of other nation~. Great Brit­ rely on the enterprise and talent of our people. In no other field has ain has available, armored and unarmored vessels, including torpedo .American genius shone more conspicuous than in fa8hioning material boats and all other classes: of war. Look back at some of its achievements. Armored ...... 50 In 1861 the confederates, almost without workshops, armored the Una rm ored ...... 286 Vil·ginia, and bearing of the progress of the work on that vessel, in ninety days tbe Federals built the to match it. T otal ...... 336 The noise of the conflict between these two vessels in Hampton Roads F RANCE . reverberated around the world and as the echoes came back to us they .Ar moreu...... 47 were mingled with the sound of the hammers t hat had been set going Unarmored ...... 261 in the workshops of Europe. From these two .American inventions Total ...... 308 and from the development of the torpedo by the confederates have come ITALY. the modern ship of w!r and the modern torpedo. The Yankee has Armored ...... l-' make the best pistols, the best small-arms, and the best rapid-firing Unarmored ...... 45 guns in the world, the Gatling and the Hotchkiss. And see what we Total...... ,...... 00 have already accomplished in ordnance here at the navy-yard in Wash­ ington. We have only just begun, and yet we are making guns which RUSSIA. Armored ...... 31 are not copies of, but improvements upon, the best guns in the world. Unarmored ...... 154 The highest velocity ever imparted to a projectile from a 6-inch gun was obtained from a piece tested at Annapolis on the 30th of last March. Tot.a1...... 185 If we are ever to undertake the work of rehabilitating our Navy we GE R MANY. ought to begin it now, in a time of profound peace. Every step ought Armored ...... 26 to be taken with great care and deliberntion. The modem vessel, like Unarmored ...... 70 the modern gnn, is a work of high art. To plan it in detail is a great Total...... 96 1886. CONGRESSIONAL RECORD-HOUSE.

SPAIN. In explanation of the action of t.he majodty I have this to say: We Armored...... 7 Unarmored ...... 135 have not changed our views. It is, I am sure, the individual opinion of each of us that it would hava been well to pass the bill as originally Total...... 142 reported. But we recognize the fact that as a committee we are but AUSTRIA, the organ of the House, and that it is our duty when principle is not Armored ...... 13 involved, and the question is one simply of the amount of money to be Unarmored...... 31 expended on an enterprise, to frame a bill that will accord with the Total...... 44 sentiment of the House. This we have done willingly and without reservation because we most sincerely desire to increase our naval estab- BOLLAND. Armored ...... 23 lishment. · Unarmored ...... ll5 I appeal mostearnestlytoeveryfriend oftheNavyon this floor, Dem­ ocrat and Republican, to every one who really desires to increase the Total ...... ~ ...... 138 Navy, to stand by the committee on these amendments and on this bill. DENMARK. • ' Remember that there is not a ship or a boat in the substitute that does Armored...... 6 Unarmored...... 53 not have the assent of every member of the committee, Democrat andRe­ publican. Every one here knows that at this stage of the session and Total...... 59 in the present temper of the House it will be an easy matter, if mem­ NORWAY. bers so desire, to defeat the bill by loading it down with amendments. Armored...... 4 I sincerely trust that the friends of the measure will see to it that this Unarcored ...... "...... 28 is not done. It can be defeated by parliamentary tactics, but the conn­ Tot-al ...... ~...... 32 try will know who does it. If Democrats defeat it the responsibility SWEDEN. will be on them. If Republicans do it they must take the responsibil­ Armored ...... :...... 14 ity. Unarmored...... 43 Mr. Chairman, I shall not take time here to repeat what is said in Total...... :...... fi1 the report in explanation of the class of ships we recommend. But in view of what was said by the gentleman from West Virginia. [Mr. TURKEY. Armored ...... 18 GoFF] about the monitors of which we recommend the completion, I Unarmored...... 82 beg the indulgence of the House while I speak briefly to that point. For myself I am free to say I began the invest.igation of the question Total ...... 100 what to do with these monitors with a prejudice against them. They . . GREECE. had been begun as I believed without authority of law, and nearly $5,- Armored...... ;...... 2 Unarmored...... 23 000,000 had been expended on them altogether. But we were all deter­ mined to do what was best and cheapest tor the Government if we could Total...... , ...... 25 ascertain it, and we concluded that as so much money had been expended PORTUGAL. upon them and as they would make effective coast-defense v~o.sels when Armored...... 1 clad with modern armor, it was best to complete them. We did not con­ Unarmored...... 25 clude they would be the '• finest of their class,'' as the gentleman from Total...... ,...... !!6 West Virginia. [Mr. GoFF] stated in his speech on the naval appropri­ BRAZIL. ation bill. Here is what the gentleman said: .Armored...... 11 Now, these much-abused vessels, these double-turreted monitors, the con­ Unarmored ...... ~...... 23 struction of which was commenced in 187-i and bas been dragging along from that time :to this with occasionally a small appropriation, and often none-these Total...... 34 ships are to-day conceded by Secretary Whitney and the officers of the Navy Department to be the best ships of their class in the world. The. Secretary of An.GENTINE REPUBLIC. the Navy in his testimony before the Naval Committee concedes that these ves­ Armored ...... :...... 4 sels, which have been thus shamefully treated for years, and referred to as Unarmored...... 20 worthless, as not fit to finish, are the finest of their class. Total ...... 24 The gentleman is mistaken and must have quoted from memory. . What the Secretary did say was as follows: Armored ...... 2 By the CHAIRMAN: , Unarmored ...... 3 Q. Give us your opinion as to whether this Congress ougbi; to appropriate money to complete these monitors. Total ...... 5 . A. It would be my opinion that they ought. It was not my opinion origi­ HAYTI. . nally when I first began to think about it. I think there bas been considerable Unarmored gun-vessels ...... , ...... 4 prejudice ~inst these ships. They have been taken up piecemeal and carried on by little contracts and drawn on through a great many years, and I don't CHILI. think perhaps in a. business-like way. I think there is some prejudice against Armored...... 3 them from that. When you think \vhat we have spent on those ships- Unarmored ...... : ...... 7 ByMr.HARMER: Total ...... 10 Q. You base your opinion upon what their usefulness would be to the Navy? A. Yes, sir. We have already spent nearly $>,000,000, and they require about CHINA. four million two hundred and odd thousand to complete. So, of course, it is Armored.... ,...... 3 not as if it were an original question. Unarmored ...... 46 By Mr. NoRwooD: Total...... '...... 49 Q. How many ships? A. Five. As I have said, the Miantonomoh is nearly completed. She only JAPAN. requires about S200,000,a.nd that entirely for her armament. I don'·tsupposefor Armored...... 4 the expenditure of $4,000,000 you could expect to get the same amount of fight­ Unarmored...... 25 ing qualities anyway other than by completing those ships, and that I suppose is about what the question is just now. Total...... 29 By Mr. THOMAS: This list comprises only those now available for service-not those Q. Before you leave the Miantonomoh I would like to ask you 1f you have that are beingbuiltnor those unserviceable. And.still these nations are made a personal examination of these vessels, especially the Puritan. A. No; I have not. building other vessels. Q. You have examined the Miantonomoh? When the committee had decided to recommend a further increase A. Yes, sir. . · the next question was what vessels we should recommend and how Q. For the purposes for which they are intended, do you not regard them, if should we build them. None of us claim to be experts. So we took completed according to your proposed plan, as firs~class vessels 'I • A. I &Uppose tliRfJ/ would be quite formidable 1Jessels. the testimony of shiP-builders and naval officers and of the Secretary of Q. Would be successful vessels, as far us one can judge now, for coast and theNa.vy, and we consulted the best authorities. The vessels we recom­ harbor def~::nse? mend the construction of are those in favor of which we found a. decided A. I should suppose so. preponderance of testimony. I think I may say the committee were So here we see that the Secretary was distinctly invited by Mr. all agreed as to the class of vessels we should construct. Thomas to say they w:onld be "first-class vessels " and that he dis­ Since the bill was reported, finding that the appropriation proposed tinctly refused to say so, but answered, "I suppose they would be was larger than many members of this House were willing to vote for, quite formidable vessels." and that the number of vessels proposed was greater than the House The views of the Secretary were shared by the majority of the com­ seemed disposed to authorize, the committee have empowered me to mittee. Vle recommend the completion of these monitors, not as an propose a substitute. Every member of the committee agrees, as I un­ original question but because we believe that they will be quite formi­ derstand it, that every vessel mentioned in the substitute onght to be dable and effective coast-deHmse vessels. 'Ve may believe they were built; that they all should be constructed in the manner provided in begun without authority of law, but we can not now remedy that. the substitute. In other words, we all agree on a.ll that is in the sub­ Neither is it profitable to discuss .the question whether the work was stitute, bnt the minority think that we should build more vessels. extravagantly done. Nearly$5,000,000 have been expended upon them. 7478 CONGRESSIONAL RECORD- HOUSE. JULY 24,

We think: it economy to complete them. They will presentasmallsur­ inches of not less than 2:> per cent." Experience deriv-ed from the construction of the Chicago and other vessels recently provided for shows there will be n o fa.ce as a target, they are admirable gun-platforms, and will carry heavy di.tliculty in procuring such steel, and that the competition therefor is likely to guns. be considerable. Should there be any combination, however, in this or in any The turret system is still in favor. The British are now building other matter against the Government, such a contingency is amply met by the provision in section 6 of the bill, giving the Secretary of the Navy power "to two turreted ships, the Nile and the Trafalgar, but the turrets are dif­ reject any or all bids made under the provisions" of the act. ferent from those of our monitors, and in many other respects they are The tests of tensile strength and elongation provided in section 2 are a. little on widely different principles. We could never recommend, and not higher than those in use by the English, but will probably secure about the same quality of steel. a single person that I know of has proposed, we should build new ves­ In section 4 of the bill it is provided that the armor used in constructing the sels like these monitors. But the overwhelming sentiment of naval armored vessels provided for, and in completing the monitors, shaUbe of the best officers is that as they are started it is economy to complete them; and obtainable qualit:y and of domestic manufacture, pro11ided contracts for fumisllina it in a reasonable time, at area~cmable price, and of the required quality can be made such is the opinion of the naval boards which have examined them. with resJ)onsible parties; otherwise the Secretary may import it. The armor There is one vessel in the substitute which was not in the original bill­ h eretofore used in completing the Miantonomoh was imported. It is hoped, the pneumatic torpedo cruiser. This is not explained in the report, however, that in view of the very considerable quantity of armor required to carry out the purposes of this bill, responsible American firms may be induced and it is too important for me to pass it by. The inventor of the pneu­ to enter upon the work: of malting such armor as shall be needtd. It is well matic gun seems to have solved the problem of projecting a dynamite known that such is the wish of the present Secretary of the Na.vy, who is in­ bomb from a gun. It is done by using instead of powder compressed v ested with large discretion by this and other sections of the bill. Your committee bav-e not considered it prudent, in view of the fact that no air as the motive power. The explosive shock from powder explodes such armor is now made in this country, to limit the Secretary in this matter the dynamite in the gun, and therefore powder can not be successfully absolutely t{) the American market. This would be to place the Government used to propel bombs containing large charges of dynamite. in the bands of those who might bid. We feel quite confident that if the Govern­ ment, by the passage of the bill reported, shall enter upon the work: of creating The pneumatic gun overcomes this difficulty, and the contractor guar­ a respectable navy, holding out all the time such inducements to Dl!l.ke armor­ antees to throw 200 pounds of dynamite at least a mile. The radius plates as are provided in this bill, the needed workshops will grow up along of destruction of such a bomb is claimed to be about 33 feet; that is, with the Navy. It is matter of history that all such great establishments as Whitworth's and Armstrong & Co.'s, in England; Schneider's, at Le Creuzot, it i !!i claimed that such a bomb exploding in the water within 33 feet in France, and Krupp's, in Germany, h9.ve been creatures of gradual growth. of a vessel will destroy it. It "is also claimed th!lt compressed air is a 'Ve hope to see such establishments in the United Sta tes at no distant day. mm·e uniform motive power than powder; that the bomb thus thrown Their existence is essential to our comple~ and perfect security. But the at­ tempttocreatesuchanestablishment suddenly might prove to the Government is superior to and cheaper than the Whitehead or any other torpedo, a costly experiment. and the company guarantees that the boat it is to construct will make As an instance of natw·al growth in this direction, we cite the 1\Udvale Steel 20 knots per hour. ·works, in Philadelphia. These works made, first, steel for 6-inch guns equal in quality to the best English article. Next they produced steel for 8-inch, and now If these claims be well founded, and they seem to be, this pneumatic they will soon, it is believed, mn.nufacture forgings for the construction of 10-inch gun will become a leading feature in coast defenses. But it is believed guns. Sioe by side with, and .as part of, this development, the Go\·ernment that nothing will ever supersede entirely the necessity of hn.ving ships shops in the navy-yard at Washington have progressed with the manufacture of guns, using steel imported from Whitworth's, in England when necessary, and and guns for a navy. The substitute we offer for the bill carries only t hat made at the Midvale 'Vorks when obtainable. In like manner your com­ $3,500,000. It must be remembered that to plan and construct the mittee confidently hope that using competition as an aid and not in hindrance, vessels we propose will require nearly or quite four years. So that in the arts of fo~iog heavy steel and of building guns and ships of war will, under the policy indicated in the bill of your committee, develop in America side by e...~imating the cost of the vessels included in our proposed bill we side, and that in a few years we shall have that feeling of national security must divide the appropriations into four parts. The limit to the :final which can only result from the conscious ability to beat back all invaders, cost of the Tessels the substitute carries is as follows: whether they come by land or sea. First. Two sea-going armored vessels, to cost not more than $2,500,000 I will also read frqm the report as to eacb ...... $5, 000, 000 llOW TliE S:a:IPS SHALL DE BUILT. Second. One protected double-bottom cruiser...... 1, 500,000 Third. One first-class torpedo boa.t...... 100,000 Another question your committee have considered with great care_. was Fourth. For the completion of the Puritan, Amphitrite, Monadnock, whether the ships provided for in the bill should be built by contnct or m the and Terror...... , ...... 3, 178; 046 Go"Cernment yards. There seems to be no serious question as to having all re­ Fifth. One dynamite pneumatic cruiser...... 350,000 pairs done in Government workshops. The di.tliculty of defining and valuing the work to be performed renders the contract system so impracticable that all Present bill ...... 10, 128,046 im)10rtnnt naval powers have repairs and refits done in their own shops. Some, Add for the four vessels, under act of 1885, necessary to complete...... 1, 100, 000 ns England, ev-en establish gov-ernment workshops in their colonies. The plant necessary for repairs and refits is almost, if not quite, sufficient for the construc­ Total n ecessary for yessels under both acts ...... ll, 2"..8,M6 tion of vessels; nnd navy-yards and docks are certainly in better condition to do such work when also engaged in construction. The estimate of the chief of the Bureau of Ordnance for the arma­ The bill reported, therefore, provides that one or more of the new vessels con­ templated by the bill shall be constructed in one or more of the nn.vy-yards of ment of all the vessels in the bill,· for the 1\Iiantonomoh, for which no the United States. Power is also given to the Secretary to build or complete in armament has been ·provided, and for the four Tessels under the act Of Government workshops all the vessels included in the bill, in case it shall be­ 1885, likewise without any appropriation for armament, is as follows: come apparent to him that contractors have made a combination against the Government. This prot·ision will, it is believed, operate M a secu1·ity for the Gov­ Y essels authorized by act of :March 3, 1885 : ernment, and u·ill at lite sa~ne time 'fe&ult i n, having m,ost of our nataL vessels procured One cruiser (type of the Naniwa-kan) ...... $380, 000 by contract. The w eight of evidence is that contract ships are cheaper; but there One cruiser, ordinary type, between 3,000 and 5,000 tons...... 315,000 is some yery strong testimony tending to show that Government-built ships are One , 1,700tons...... , ...... 190,000 better. One gunb"at, 800 t{)nS ...... 00,000 In a table recently prepared by 1\faj. ,V. A • .Jones, Engineer Corps, United The vessels now proposed: States Army, it appears that the annual cost of repairs per ton of hull of British Two armored yessels carrying each fonr 10-inch and seven 6-inclt guns.. 1,236, 700 naval vessels built by contract is £l.2 per annum, and of vessels built in the One large cruiser (say 6,000 tons) carrying fonr lo-inch and twelve 6- Government dock-yards the cost is £0.08: but the report of a special mixed com­ inch guns...... ~ ...... 62.3,000 mittee appointed by the English admiralty in 1884, t{) inquire into the building Dynamite gunboat, secondary battery only, no torpedoes ...... 62, 600 and repair of ships, known as the Ravensworth committee, l'ecites that the Five monitors, including the Puritan ...... 1,135,000 unanimous testimony of witnesses was that the quality of contract work in the construction of ships "as performed under admiralty supervision" was "in Total for all vessels authorized, including those in this bill...... 4., 634;300 no way inferior to that performed in the dock-yards." Ships have heretofore been built in England, almost in equal numbers, by conh'act and in the Govern­ This includes main and sec~ndary batteries, torpedo outfits, search­ ment dock-yards. This committee also found that it was " expedient to extend lights, defense-nets, and equipmentB complete. the practice of building ships of war by contract." One of the desirable results to follow from this policy, with us, will be the Adding together the estimates required to complete all the ships I encouragement of private building of naval vessels, and the consequent multi­ have mentioned and all their armaments and we have the sum of plication of the means of rapidly inc~easing our naval strength in case of need. $15,862,346 to be spent in four years, which is less than four millions I read now another extract from the report, showing that as the re­ per annum. This is a liberal and an ~mtside estimate, for the reason sponsibility is with the Executive Department, and as we desiro to that if we pass this bill we shall allow our old ships to drop out. We utilize all the mechanical genius of .the country, we have given the will spend on them less money for repairs, and the annual appropria­ Secretary a discretionary power o~er contracts: tion bill, excepting ont of it the items here estimated, would be less The general policy pursued in ft·aming the bill repm1.ed by thecommitteehas than thirteen millions. But counting it at thirteen millions and add­ been to leave a large amount of discretionary power in the hands of the ecre­ ing•the four millions each year, the annual appropmtions for all pur­ tary of the Navy, who will thus be held responsible for t·esults. One leading poses of the Navy need not exceed seventeen millions. Even if we add, consideration urging to this policy is that changes in the mode of constructing vessels, engines. and ordnnnce are still ocenrl'ing, and it is desirable not to em­ to be spent during these four years, one million for plant and another barrass the Executive Department of the Government by unwi e restrictions. for torpedoes, our annual bill for four years would be only seventeen We think it better to lea>e it free to elect whnt may seem at the moment t{) be :md one-half millions. The appropriation for 1876, ten years ago, was the most desirable plan. • In another r espect the present bill is a depar~ure from precedent. Instead of 18,96:5,309.82-in round numbers, nineteen millions. With

Mr. REED, of Maine. Certainly it will not endanger the bilL The been reposing a bill to increase the naval establishment of the United idea of passing a bill like this without any discussion-- States (H. R. 6664), representing the deliberately formed conclusions of Mr. HERBERT. It has been before the House for four months with the Naval Committee of this House, arrived at after months of careful an elaborate report. and painstaking investigation of the subject. That bill embraced the Mr. REED, of Maine. "Before the House !" It has not been be­ results of information obtained as to the views and wishes of the Navy fore the House in any sense involving discussion. Gentlemen of the Departme~t, and was supposed to be, as reported here, a practical em­ House are busy about a thousand ~hings and depend upon the discus-. bodiment of the contribution that the present administration believed sion on a bill to understand what it is. Now at the verv outset the this Congress should make toward the great work of rehabilitating the statement is made here that the Secretary of the Navy under this bill can· Navy of the United States. not construct these vessels in the navy-yards, yet the bill shows he There ha.'3 been no subject connected with the Government concern­ can. ing which more of controversy and discussion has taken place during the Mr. HERBERT. I never said he could not. past few years than in regard to this matter of the condition and needs of Mr. REED, of Maine. Wewanttod~cussthesepoints and see where the Navy. It is within the knowledge of members of the present Honse the difficulties are. We want to understand what the bill means. th'at during several Congresses the efforts that have been made by theRe­ Mr. HERBERT. I move that the committee rise. puhl ican party in the direction ofadding to the effective force of on.r Navy Mr. BOUTELLE. Wecannotvoteintelligentlyon thissubjectwith­ have been hampered and obstructed by an indisposition on the part of out some discussion. our Democratic brethren to intrust to what they held to be the incom­ Mr. HERBERT. How much time do you want? petep.t hands of a Republican administration the great work ofrebuild­ Mr. BOUTELLE. I desire to occupy an hour myself on this ques­ ing that important branch of our military service. We had a right, tion. therefore, to expect upon the accession of the Democratic party to power Mr. HERBER-T. I move that the committee rise for the purpose of that we should see some substantial and energetic progress made in the limiting debate. diTection in which they had so constantly asserted their desire to ad­ The motion was agreed to. vance whenever their own party should obtain control. Mr. HERBERT. Will the gentlemen on the other side accept an The message of the President of the United States in its reference to hour-- the Navy Department, de!'lcribing the Navy as "a. shabby ornament to '.rhe CHAIRMAN. The Committee of the Whole has voted to rise. the Government;" the official report of the Secretary of the Navy, in The committee accordingly rose; and the Speaker having resumed the which he declared that we have nothing that deserves to be called a Chair, Mr. CLEME...~TS reported that the Committee of the Whole House navy; the speech and report which accompanied the regular naval ap­ on the state of the Union having had under consideration the bill (H. propriation bill when introduced into this Honse by the chairman of R. 6664) to increase the naval establishment had come to no resolution the Naval Committee, all prepared us for a feeling of confidence that thereon: the Democratic party, being in control, having full swing in regard Mr. HERBERT. I move, Mr. Speaker, that the House resolve it­ to this matter, was about to attempt at least to rise ~o the plane of the self into Committee of the Whole for the further consideration of this public deQlands and show the people of the United States what Democ­ bill; and pending that I move that all general de bate be limited to one racy could do in a :field in which it had claimed that the Republicans hour and fifteen minutes, intending that the gentlemen on the other had made so conspicuous a failure. I desire to say also, Mr. Chairman, side shall control the hour and that the fifteen minutes shall be under that the Democratic party in dealing with this question has been re­ my control. lieved from the chief embarrassment which beset the Republicans in Mr. HOLMAN. I trust that the gentleman from Alabama will not dealing with the same subject. Instead of having its efforts beset by press that motion. This is a very important measure. the nagging and harassing of au opposition with its appetite keenly Mr. RANDALL. Not so important as the forfeitures of land grants. whetted for partisan advantage, I am justified in saying that from the Mr. HOLMAN. No, it is not nearly so important; and it is remark­ beginning of this session to the present time the Republican minority able that this has been taken up to-day to the e.xclusion of the forfeit­ of the Committee on Naval Affairs, representing their associates on this ures. But I trust the gentleman will consent, inasmuch as this day side of the House, have been ready and willing to co-operate to the will be consumed-for this measure, to allow a reasonable time for de­ fuJlest extent in every legitimate and wise effort for the improvement bate. I move to amend by making it three hours. of our naval establishment. • Mr. HERBERT. That motion is just made to kill the bill. Within a few days after the beginning of this session, at a gathering Mr. HOLMAN. I move two hours, then. of distinguished representatives of the Army and Navy of the Qnited Mr. HERBERT. That is made with the same purpose. States, in response to a Rentiment which had been assigned to me, I Mr. COBB. I move to amend the amendment by making it one-half freely took the responsibility of pledging in ad vance of the session that hour. We want to get on with the land-grant-forfeiture bills. the party, of which I have the honor to be an humble member, finding The question being taken on the amendment of Mr. CoBB, the House itself in a minority in the House of Representatives and with the scep­ divided; and there were-ayes 38, noes 100. ter of power in the executive branch departed from it, would not emu­ So the amendment was not agreed to. late the bad example of its political opponent.8 but would be found as The question recurring on the amendment submitted by 1tfr. HoL­ honestly and sincerely striving throughout this session of Congress to MAN, the House divided; and there were-ayes 73, noes 77. build np the two great military arms of the Government as it had been Mr. HOLMAN. No quorum has voted, I believe. · when it controlled the administration of public affairs. The SPEAKER. The point of order being made that no quorum has I think I may claim that that pledge has been fully redeemed. voted, the Chair will order tellers. While exercising, as we had the right to do, the free privilege of criti­ Mr. HoLMAN an.d Mr. HERBERT were appointed tellers. cising details and of endeavoring to perfect, so far as we could, the The House again divided; and the tellers reported-ayes 60, noes 105. measure to be submitted by our committee: the minority have en­ So the amendment was rejected. deavored in no way to thwart or to. impede any efforts of the Naval The motion of Mr. HERBERT·was agreed to. Committee or of the administration towards putting our Navy on a Mr. HERBERT moved to reconsider the vote by which the debate footing that would be creditable to our nation. As I have said, Mr. was limited; and also moved that the motion to reconsider be laid on Chairman, the result of those deliberations was this bill, No. 6664, pro­ the table. viding fo~ the construction of a number of vessels of different classes; The latter- motion was agreed to. providing for the completion of the monitors; providing fur the con­ The motion to go into Committ-ee of the Whole was then agreed to. struction of torpedo vessels, and in its entiretyembodyingwhatwas be­ lieved to be a wise, prudent, and essential contribution at this time to INCREASE OF NAY AL ESTABLISHMENT. the strengthening of the naval establishment. The House accordingly resolved itself into Committee of the Whole That bill bas rested upon the Calendar until to-day. Yet with that House on the state of the Union, Mr. CRISP in the chair. expression on :file as the deliberate judgment of the committee of this The CHAIRMAN. The House is now in Committee of the Whole House selected to formulate recommendations in regard to the Navy, for the further consideration of the pending bill, and by order of the we find the chairman of the Naval Committee (again acting upon a ma­ House all general debate is limited to one hour and :fifteen minutes. jority vote of the committee) practically saying to the House to-day Mr. HERBERT. Theagreementwasthatthe~entlemanfrom Maine that we ought not to pass the bill that the committee reported; prac­ should be recognized in his own right to control the hour, and I will tically saying to the people to-day that the Democratic party through control the :fifteen minutes on this side. its chosen exponents has reconsidered its purpose of making a substan­ Mr. BOUTELLE. Mr. Chairman, my desire to obtairr a reasonable tial contribution to the increase of the Navy esta.blishmen·t; pmctically time for the discussion of this measure has been based solely upon my saying that the Governmep.t of the United States, with its cotrers al­ conception of the importanceofthesuQjectand mybeliefthatthe House leged by the Democrats to be so overflowing with money that resolu­ ought to understand the proposition which is submitted; not that I ex­ tions are introduced here and forced thl'Ough, in despite of the couw~els pect to influence the action of any member by any argument that I may of the financial officers of the Government, to rid the Treasury of what submit, but because I believe there are circumstances connected with is claimed to be its teeming surplus-in spite of that alleged redllndancy the shape and phase in which this proposition comes before us that ought of cash, the majority of the Naval Committee of the House of Repre­ to be disinctly stated. · sentatives come in here to-day with a declaration in effect that the Gov­ On the Calendar of the House since the lOth of March last. there has ernment ought not at this t~e to appropriate so much as 6,425,000 1886. CONGRESSIONA:L RECORD-HOUSE. 7481

to supply the deficiency in what the Chief Magistrate of the country their original proposition, but practically saying that they made a gr~t declares to have become ''a shabby ornament to the Government.'' mistake, that we ought not to appropr~ate six millions of dollars; that We are asked to say to the people of this count-ry t"!lat the Govern­ we ought not to build these ships which a few months ago they said ment does not need the ships that the Naval Committee in March said were necessary; and that they think on the whole that about all the we ought to have. We are asked to-day to proclaim to the people that United States can afford this year is to appropriate $3,500,000 for the there is no need for the defense which only a few . months ago we were Navy, or about one-half of the amount in the original bill. Mr. Chair­ nrging as essential to the maintenance of the dignity and safety of our man, if the great effort on behalf of the construction of a Democrati~ . Government. We are asked to take up here and pass at the very heel Navy was so soon to be done .tor, we might well ask "what on earth it of the session, as a lame and impotent conclusion of all the grand fan­ wa.~ begun for?" faronade of what the Democracy were going to do for the Navy, a sub­ · But I was adverting to the manner in which this measure comes be­ stitute for the original measnre, so hacked and slashed and emasculated fore the Honse, to the peculiarly undemocratic and unrepresentative that its parent would not recognize the offspring in its present guise. manner in whichitappearshere. I have no right to speak for the ma­ Now, why, Mr. Chairman-why this change of front? I desire, so jority of the committee. . I have no right to say that the majority hn.ve far as I am ~rsonally concerned and on behalf of my colleagues of the not been t.horonghly converted from the views they expressed last month; Republican minority, to divest myself and them of every vestige of re­ but yet I have a conviction, based upon the bill which they did formu· sponsibility for this change in the attitude of the committee upon this late, that there has been a time within a few months when they thqught great question. Why is it that we are considering here to-day a sub­ the Government of the United St.ates ought to do something more_to­ stitute bill appropriating $3,500,000 i~ place of the bill appropriating ward building up its Navy thn.n appropriate $3,500,000, and I want to ~~~? . put the responsibility for the change of base just where it belongs. I Why is it that the three hundreti. · If\ twenty-five Representatives of do not want my Democratic friends to bear one ounce of responsibility the .American people have not· been permitted to take up this carefully that is not justly placed upon them, for we all know they are heavily formulated bill of the Naval Committee and express in regard to its enough handicapped already; but there is no propriety or justice or provisions their assent or dissent, according to their convictions? How reason, under the conditions that exist to-day, when the Democrats of is it that the committee'S' original bill has' not been brought up here the House have had full control of this subject, with a Detp.ocratic Sec­ for discussion and amendment? Why, Mr. Chairman, I understand retary of the Navy behind them and a Republican_minority to re-enforce that the reason is because the Democrats in this House, distrustful of them-if they utterly and abjectly fail to come up to the measure of themselves in open legislation, fearful of what they might do if left to public expectation, there is no reason why they should be permitted to their untrammeled course, have delegated the entire power to control share the responsibility with those who are not justly chargeable with the legislation of this body to three distinguished members of the Dem­ it. My understanding is that the reason ~by we are to-day consider­ ocratic party; and that those three eminent gentlemen, for all of whom ing this emasculated and unsatisfactory substitute for the original bill .personally I entertain a very high degree of respect, have been in­ is that organized Democracy in its concrete form-the tripartite Ex­ vested by the Democratic caucus with dictatorial power, have been set ecutive of the Democratic party-has put its mailed hand upon the bill up as a triumvinte who can say in effect to a committee of this House: of the committee and said, ''Gentlemen, you shall not add $6,000,0.00 "You shall not be permitted to bring your mP~ <: ure before the Repre­ to the appropriations in the off-year before the Congressional elections. sentatives of the people to be acted upon; you shall not be permitted Wait until another year; not this session, some other session. Unless to test the sense of the House upon the proposition that you have for­ you permit us to mn a pencil through one-half of the appropriations mulated. We know that the Naval Committee, with practical una­ in this bill, starting out with a 'horizontal reduction' of one-half of nimity, has declared that $6,000,000 ought to be appropriated and cer­ its total and then indicating the particular portions that we want elim· tain vessels ought to be built; that there is a very general opinion inated, you shall not consider the bilJ at all.'' afloat that something in that direction ought to be done at this time; Now, Mr. Chairman, I believe if it is wise for us to do anything but we will not permit you to take the expression of the House upon toward building up the Navy, that after these eight months of incu­ your proposition; we will not let you take up your own bill; we will bation we ought to-make at least a respectable addition to our ships of srry to you what you shall submit, and unless you consent to have yo~u war. Everybody familiar wit.h the subject understands that this mat­ bill cut and carved according to our notions you shall not bring it be­ ter of building ships is not one that can be accomplish~ in a moment~ foi·e the Representatives in Congress." The authorization has got to antedate by a long time the completion Mr. HENDERSON, of Iowa. May I ask the gentleman a question? of the vessels. I understand that it requires at least three years to com· Mr. BOUTELLE. Yes, sir. plete the ordnance for one of these ships, and if we are t{) have a mod· Mr. HENDERSON, oflowa. This substitute appears to be proposed ern navy, if we are to fulfill the pledge, the promise, the boast of the by the Committee on Naval Affairs,? ' Democratic party that it is going to rehabilitate the Navy during the Mr. BOUTELLE. I have undertaken to state, Mr. Chairman, that Democratic administration of the Government. I certa.kdy_ think the w bile this substitute comes here practically with a proclamation that it gentlemen on the other side have reason to "hurry up their cakes," represents the second thought of the Naval Committee and is indorsed, for, according to the present outlook, Democratic administration in this as I understand, by a majority of that committee, I reserved for my­ country does not promise to be sufficiently protracted to warrant the self the Jight to express the dissent of the minority upon that subject, belief that they will succeed in rehabilitating the Navy at the rate of and I am endeavoring now to show that the Republican members of $3,500,000 a year. [Laughter.] . that Naval Committee are in no way responsible fQr this emasculating ~ I want to show in brief and without going into details some of the process. changes that have been made from. the original bill. Mr. SAYERS. May I ask the gentleman from Maine a question? The first clause of the substitute provides, as the former bill did, for Mr. BOUTELLE. Yes, sir. two sea-going double-bottomed armored vessels of about 6, 000 tons dis­ Mr. SAYERS. Is not the only difference between yourself and the placement, to cost, excluding armament, not more than $2,500,000each. Democratic majority of the committee as to the number of v~sels rather But in the original bill $1,250,000 is specifically appropriated toward than as to the organism of the bill? Is not tliat the difference? the construction of these vessels, while in the substitute no sp~ific ap- · Mr.' BOUTELLE. My friend from Texas [Mr. SAYERS] asks me if propriation is made. the only difference between the committee and myself is not as to the The second paragraph of the original bill provided for three protected number of ships rather than as to the organism of the bill. As the bill douole-bottomed cruisers from 3,500 to 5,000 tons, to cost in aggregate is simply a proposition to build ships, the difference in the number of not exceeding $4,000,000, and appropriated $1,100,000 toward .their ships to be built strikes me as a very important element in the matter. construction. The Naval Committee, under the tutelage of those dis· Mr. SAYERS. Is not that the only difference between yourself and tinguished marine architects, the gentlemen composing the Democratic the ma:jority of the committee, that you want more ships built and the "steerina committee"-- majority of the committee think it advisable under the circumstances Mr. F lNDLAY. Being "steerers," they ought to know something to provide-for the building of the number indicated in the substitute about ships. [Laughter.] - . . . , bill? Mr. BOUTELLE. Possibly. The Naval Committee, Mr. Chairm~n, Mr. BOUTELLE. I have been exceedingly unfortunate, Mr. Chair­ after consultation with those distinguished gentlemen, have come to the man, in my endeavor to explain my views if I have failed to make it conclusion that, on the whole, we need only one double-bottomed pro­ clear that that is exactly what I have been talking about. I have stated tected cruiser, and they have cut down the appropriation accordingly. heretofore that there are some minor features of the original bill upon The original bill provided for four fii'St-class torpedo boats-and on this which I desired to indulge in some criticism and to which I would pos­ matter of torpedo boats we had volumes oftestimony as to the impor­ sibly nave offered some amendment, but I say that upon the general tance of that arm of the service and the immediate necessity of strength­ proposition that we need a navy, that we need it now, that the people ening it as an intermediary mode of defense pending the time when we are able and willing to construct it, and that we ought to begin its con­ shall have some ships-the Naval Committee have reconsidered that struction to-day, the Republican members of that committee have ut­ and have concluded that, on the whole, a nation with only 3,000 or 4,000 tered their voices and given their votes with no uncertain purpose. miles of seacoast does uot really need three or four first-class torpedo And what I am complaining of is that our Naval Committee, after re­ boats,-but that one will answer every purpose. . porting to the House an appropriation of $6,425,000 to build and com­ The original hill provided for one torpedo cruiser; and that has been plete a certain number of ships, should now turn about and come be­ stricken out. The original bill provided-and I understood at the time fore the House with bated breath, without a whisper of support for that the provisions were made upon the recommendation of the_experts 7482 CONGRESSIONAL REOORD-HOUSE. JULY 24, of tbe Navy Department-for the comJlletion of the monitol'S, with a at the Na-vy l)epartment had carried with it originally the appropria­ specific appropriation indicated for each. For some reason-}lossibly a tion required to complete the ships those vessels would probably have good one, but involving a mistake either in the fi.mt bill or-the present- been afloat to-day. But a Democratic House refused to pmvide a dol­ the specific appropriation to the different vessels of the sum .required lar of appropriation. While the authorization wns put upon the stat­ to complete them has been stricken out, and the appropriation left in ute-book-they were always willing to make the promise to the peo­ block to be applied to the completion of the monitors as the Secretary ple-they would not appropriate a dollar. That pmvision for building of the Navy may see fit. the vessels rested upon the statutes until in the last honrs of the last ·Mr. SAYERS. You do not complain of the amount appropriated Congress the gentleman from MaryL'\nd, Mr. Talbott-and! am glad to for the purpose, do yon? give him thecreditforit-bydint of persistent effort succeeded, byaid 'Mr. BOUTELLE. This was the original amount? of Republican votes, in getting an appmpriation based upon that anthor- Mr. SAYERS. Yes, sir. Youdonotcomplainoftheappropriation? ization for those vessels. · Mr. BOUTELLE. I was heartily in favor of it. Mr. HEWITT. Will the gentleman yield to me? Mr. FINDLAY. Is it understood that the three million and a half ?1Ir. BOUTELLE. Yes, sir. of dollars appropriated by this bill is to be spread all over these differ- Mr. HEWITT. What provision for those two vessels was made in ent nssels the construction of which is provided for in the bill? the Forty-seventh Congress, which was a Republican Congress? No Mr. BUCK. It can be. · appropriation was made by that Congress. Mr. BOUTELLE. I am not sure that I understand the question of Mr. BOUTELLE. I do not know what Congress it was. the gentleman from Maryland. · lli. HEWITT. It was the Forty-seventh Congress, a Republican Mr. FINDLAY. Here, for instance, the first p_aragraph provides for Congress. The last one did appropriate money. "two sea-going double-gottomed armored vessels;" the second pam- Mr. BOUTELLE. I do not know what Congress it was. I know graph provides for "one protected double-bottomed cruiser;" then the votes by which Congress was prevented from making appropriation there is a torpedo boat; in addition to that provision is made for the for the Navy in that Congress, the Forty-seventh Congress, were Dem­ completion of the monitors Puritan, Amphitrite, Monadnock, and ocratic votes. And I know also that the votes in the Forty-eighth Con­ Terror; then there is provision made for armament, and the total gress against the proposition of the gentleman from Maryland, Mr. amount appropriated in the bill is three and a half million of dollars. Talbott, by which we got the ships now being 4esigned, were also Is that amount to be spread all over these different vessels? That is Democratic votes. what·I understand. ?1Ir. HEWITT, That may be, but the Forty-seventh Congress was Mr. BOUTELLE. I understand tbat these various vessels contem- controlled by Republicans. plated by the bill are provided for at a limited cost, but that the ap·- Mr. BOUTELLE. -Without discussing the matter of control, I need propriation here made is considerably under the aggregate. We do only say that the people of the country are sufficiently intelligent to not in this bill or in the substitute approprla.te for the entire cost of know the difference between placing the responsibility for legislation these vessels. upon eitherpartyin Congress because it is nominally Republican or Dem- Mr. FINDLAY. The appropriation would not meet one-fourth of ocrntic, and placing responsibility which belongs to them upon the men the expense. · who voted for or against a proposition. I affirm that in the Forty-fifth, Mr. HERBERT. That is the estimate of the Department for the Forty-sixth, Forty-seventh, and Forty-eighth Congresses, as in the completion of the monitors; it was always so understood. Forty-ninth Congress, the -votes of the Republican representatives of lli. BOUTELLE. We are not speaking abontthat particular item. the people have been in favor of liberal appropriations for the Navy, Let us have this matter underJ!tood. The genUeman from Maryland and that the obstruction to such legislation has come_from the gentle­ [Mr. FINDLAY] wants to 1mow whether the $3,500,000 appropriated man's side Df the House. That, sir, can not be disputed. by this substitute is to cover the construction of all the vessels pro- Mr. SAYERS. Is it not true that day before yesterday a majority vided for or authorized by it. I un_derstand not. I understand that of those who voted against the consideration of the bill for an incrf".ase this appropriation of three and a half million dollars is an appropJia. of the Navy were Republicans, and did not they vote to take up the tion on aecount. oleomargarine bill instead? Mr. HERB~T. On account. lli. BOUTELLE. If the gentleman asks that question I will re- Mr. BOUTELLE. Have you made an estimate of the entire cost? mind him that more voted on this side than on that to take up the Mr. SAYERS. Ten million five hundred thousand dollars. naval bill. Mr. HERBERT. The entire work contemplated by the bill carries . lli. REED, of Maine. Did they not have a vote on it yesterday? an expense of$10,000,000 and a little over. Mr. BOUTELLE. The gentleman referred to day before yesterday. Mr. SAYERS. About $10,600,000. That was entirely a question of the order of business. I say to my Mr. BOUTELLE. .The gentleman states that the provisions of this friend from Texas that before we get through with the discussion and substitute, when entirely carried ontaccordingtothe present estimates, disposition of this bill I trust we will have a vote that will advertise would involve an expenditure of something over $10,500,000. to him how people stand on this matter of building up the Navy. I ?1Ir. FINDLAY. But this bill appropriates only about three and a propose, when the time comes, ifunder our remarkable system of par- half million dollars. liamentary procedure, which I do not pretend to understand-- lli. HERBERT. Because it will take over three years to do the Mr. STEWART, of Vermont. Nobody does. work. . Mr. BOUTELLE. I say I will take-an opportunity at the proper Mr. BOUTELLE. Exactly. Three and a half million dollars is ap- time to offer as an amendment, if you like, or as a substitute, or as a propriated in this bill toward operations which are to carry an ex;- substitute for the substitute, or in whatever shape I can get it in-I penditure of $10,500,000. Now, I do not know why that is done; I propose to offer the original conclusions of the Naval Committee in re­ suppose, of course, there is a good reason for it. gard to the matter of building ships before they were wrestled with Mr. SAYERS. The reason is that the amount appropriated in this by the conerete will of the Democratic party as exercised by the steer­ bill is all that can be advantageously expended during tbe coming ing committee. And on that we will try to have a. record made. year. Mr. REED, of Maine. How does this matter come up now? Is it Mr. BOUTELLE. I suppose one good reason is that there are exi- not on the original bill? gencies which require that the aggregate of appropriations should ap~ Mr. BOUTELLE. I understand this original bill, reported with pear small upon given occasions. prayer and hopefulness on the part of a practically unanimous commit- Mr. McADOO. Has it not always been the cu.."'tom-- tee, unanimous as to substance, with only the reservation of criticism Mr. BOUTELLE. During my brief experience in Congress I think as to matters of detail-! understand that devoted bill N(). 6664 has it has been. I believe appropriations have very largely been conducted sunk into some obscure crevice o.r cranny from which the power of the upon the principle ~hat the first thing to be considered was to make the House is unable to extract it. expenditure appear as small as possible before the people. Mr. REED, of Maine. I wish to say that was not the understanding Mr. McADOO. Has not Congress frequently provided for the build- of the Committee on Rules when permission was given to this commit­ ing of a vessel without appropriating anything at the time, the object tee to come here. The understanding was the original bill was to be being that the work should be started, and that Congress should make brought up. I never heard of any change until this morning. the appropriation afterward? Mr. BOUTELLE. I am afraid my friend has never been admitted Mr. BOUTELLE. That isaverypoorwayto do. But I will ans:wer to the holy of holies. the gentleman's question specifically. His statement is true; but no Mr. REED, of :Maine. I was admitted to very nearly that, the Com- better illustration of the fallacy of that sort of proceeding could be mittee on Rules. presented than the condition in which we found ourselves during the Mr. BOUTELLE. T.4ere is a Committee on Rules, but behind the last Congress. Gentlemen who are now present will recollect that at veil are the seraphim and the cherubim. the close of the last Congress, having fail~ in our efforts to get an ap- Mr. REED, of Maine. There is evidently a difference between them. propriationfortheNavy, wewereonlyenabled:finallyto get a provision I do not know whether the seraphim or the cherubim differ or not, for building the vessels for which designs are now in conrse of prepara.- but there is evidently a difference. tion by hunting up alawwhichhad beenpa.ssedatapreviousCongress Mr. BOUTELLE. "You pays your money and you takes your providing for building certain ships, but making no appropriation what- choice.'' [Laughter.] ever. If that law under which these cruisers are now being designed Mr. HEWITT. A trinity. 1886. CONGRESSIONAL RECORD-HOUSE. 7483

Mr. DOUTELLE. Yes; a Democratic trinity. proposition the people might have said they were surprised that the Mr. DUCK. I ask the gentleman from 1\faine to yield to me for a. Democratic party had been willing to do even so much. But when we moment. have had a bill brought inhere after months of incubation; when we ' Mr. DO UTELLE. Certainly. have had the telegraph wires of the country burdened with hymns of - Mr. BUCK. The gentleman from New York [Mr. HEwiTT] said the praise as to what the Democratic party was at last going to do to build Forty-seventh Congress was a Republican Congress and controlled by up the Navy, it is an astonishing t>roposition and one which will not the Republican party. That is true. He said further that, while they fail to make its proper impression upon the public mind, that here on authorized the construction of these cruisers, they did not appropriate the 24th day of July the Naval Committee changes front in line of bat­ any money. I wish to read the law on that subject passed March 3, tle, committing in its official capacity an offense similar to that which 1883, by the Forty·seventh Congress. I~ is as follows: if committed by an individual in the Army or Navy would subject him For the construction of the steel cruiser of not less than 4,300 tons displacement to court-martial and to be shot. .And unless I mistake all the signs of now specially authorized by law, two steel cruisers of not more than 3,000 nor the times, Mr. Chairman, the members of the dominant party in the less than 2,500 tons displacement each, and one dispatch boat, ns recommended House of Representatives and in other branches of the Government, who by the navnl advisory board in its report of December 20,1882, $1,300,000. take upon themselves the responsibility of forcing that substitute These are the cruisers, the Boston, the Atlanta, the Chicago, and the through under this sort of coercion, will, before the ides of November, dispatch-boat, the Dolphin. be called to face something a great deal more formidable than this con­ ]')1r. HEWITT. We do not disagree-- tribution which they propose to make to the Navy. Mr. DUCK. And we appropriated more than a million of dollars for I would like if I had time to refer to some of the features w hieh ha .,..e that purpose. cropped out in the discussion and management of this question which Mr. HEWITT. We agree fully upon that point. indicate, more clearly than even this remarkable performance with re­ Mr. BUCK. We agree fully now, but we did not before. gard to the bill, the peculiar disposition of the Democmtic party toward :Mr. HEWITT. .Yes, we did before. It is not these ships that t}le this subject. gentleman from Maine referred to, not the Boston, the Atlanta, the "When the 1·egnlnr na>al appropriation bill was under discussion I Chicago, and the Dolphin, bnt he referred to two other ships which asked the chairman of the committee if he ~ould tell me how many were-authorized ~ be constructed but were never begun. thousand dollars had been expended in Europe to purchase plans and Mr. BUCK. Then there is a further correction to be made, for the designs from Sir William Armstrong or some other .British constructor. Forty-seventh Congress had nothing to do with the appropriations for He was unable to give the figures. Bnt it has since been developed these ships, and if the gentleman referred to the appropriations of the that the Secret..'l.ry of the Navy, following at first in the beaten track of Forty-seventh Congress he could have me..'tllt ;nothing else than the four his ;prede~essors, who have been, I may say forye..'ITS, obtaining very full cruisers. and complete information in regard to na>al matters in all parts of the Mr. HEWITT. The gentleman from Maine referred to two other .world, went a step farther and bought a complete set of detailed draw­ ships which had been au.thorized but were l!Ot appropriated for at alL ings and specifications of a steam-.-essel designed by Sir William Ann­ Mr. BOUTELLE. Mr. Chairman, I shall not proceed further in the strong. It has been recently promulgated that one of the vessels already comparison of these two propositions. I think I have made it clear to provided for by the last Congress, and the designs for which ha-re been the committee that thismea.~urewhich is nowbeforeus isameremake­ so much delayeq, shall be built upon these designs of the N a -ne-wa-lmn, shift. It is· not a respectable response to the demands of the people of a cruiser designed by Sir William Armstrong for the Japanese Govern­ this country that a Congress which has control of th~ people's money, ment; probably a fin~ vessel, and undoubtedly containing features that and which is intrusted with the protection of the public interests and would _be worth our while to examine, to imitate, and, in accordance national security, should on this «l.uestion make a reasonable and a wise with American precedent and .habit, to "improve upon. contribution toward strengthening our navai force. There is no need, Dut there has seemed to be all through this matter of Democratic Mr. Chairman, there should be no need, to go into a discussion as tO dealing with our naval establishment a desire to imitate foreign models, the necessity and the importance of increasing our naval establish­ an overweening desire to depend almost unquestioningly upon English ment. precedents, a distrust of American capabilities, a feeling that the best Any man who reads the newspapers of the day must be duly im­ ean only be obtained across the water. This disposition cropped ontin pressed with the humiliation of the attitude occupied by a great gov­ the proposition to buy the engines for one of the new cruisers in England ernment with sixty millions of people, so weak in its naval power that and import them as an "obj~ct lesson" to American engine-builders. it would be incompetent to cope with the naval force of any of the And. now we are informed that the Department has decided to build in petty nations of the earth. · . this country, line upon line, and rivet upon rivet, a duplicate of a-vessel I will not plead the weakness of our naval power as an excuse for built by Sir William Armstrong at a period of development :md evolu­ any failure to uphold the dignity of the Government in. its relations tion in naval construction in which I venture to say that Sir William with the nations of the world, because the people of this country do Armstrong would never think of thus duplicating his last ship. But not expect of those who are intrusted with maintaining the dignity we are to have something " English, you know." We are to ha-ve some­ and honor of the United States that they .should be governed at every thing we can set up and make a comparison with. And so in the Navy stage of controversy by the consideration of how much ofa naval force Department they ha>e placed upon the wall a I?eautiful model of this we could bring to bear in behalf of the assertion of the clear, plain, British· built cruiser as a. sort of fetich before which the officers of our unquestionable rights of our citizens. Navy may be led to bow down, and from which they are expected to · But I am very much afraid that it may have had some influence in derive inspiration. Now, Mr. Chairman, I am not affected with Anglo­ controlling the action of our present authorities. I can conceive of no phobia to the extent of being unwilling to take a good thing because it other excuse for the present halting, indecisi>e, and impotent policy of is from abroad. I have none of that in my composition. But, Mr. our Government in regard to rights which at one time in the history of Chairman, this is the first time in the history of our country that it was our country were jealously guarded by the Democratic party of the ever proposed that in anything connected with maritime excellence United States. · There is hardly a newspaper which reaches the desks of or achievement the American people should slavishly copy from any na­ members of Congress which does not contain some account of a petty ont­ tion or any people on the face of the globe. rage perpetrated upon vessels of the United States by the so-called im­ It is the first time in thehistoryofmaritime development that it has provised navy of a mere province of Great Britain on our ~ ortheastern been proposed to place the American standard anywhere below the pin­ border. We are told that Canada, after fitting out her armed schooners nacle of superiority. Never before has the idea been entertained that and stea~tug cruisers with their pop-gun armament to harry and ob­ the United States flag should be hoisted by the Government at any struct our fishermen and legitimate traders, has sent over into the mast-head except where it would float as a challenge of .American skill United States to buy a steam-yacht and is going into the commerce­ to the admiration of the world. .raiding business on a wholesale basis. And yet with .this kind of re­ From the time ofour early colonial struggles, when our fathers boldly minder brought home to us daily and hourly, with this knowledge of grappled with the mistress of the seas, and with American-bunt and the present needs of our Government in regard to its maritime defensive American-manned vessels fought Britain's most formidable war-ships power forced upon us, not hypothetically but by the actual occur­ broadside to broadside and won the victories th:ti are cherished in song rences of the day, the Congress of the Uni.ted States, the House of Rep­ and story; from the hour when Perry sent from Lake Erie the immor­ resenbatives, with a large Democratic majority, with its "great Jack­ tal message: " We have met the enemy and they are ours," all through sonian President in the White House, and a Secretary of the Navy rep­ the glorious history of our early naval prowess, in which stand out resenting in himself all the beauties of Jeffersonian simplicity with in bold relief the achievements of the grand " Old Ironsides," the Jacksonian energy combined, have dodged and evaded and hid away Constitution, frigate, to whose venerated remains I wish our present from their responsibility in this matter until at the close of the session Secretary and some of his advisers might make a pilgrimage as to a · they come creeping in with this substitute behind the coat-tails of three shrine of American inspiration-in every field of commercial enterprise members of their varty to whom they have delegated the power to say and every phase of maritime progress, the Stars and Shipes of the what kind of legislation the three hundred and twenty-five Representa­ American Union have led the adYauceand left the world to foll"Ow. tives of the people ought t9 permit themselves to consider. The birth of steam navigation dates from the hour when Robert Ful­ I say that the passage of such a substitute under the circumstanceR ton's little Clermont made her trial trip on the Hudson in 1806.- will be regarded by the American people as an affront to the necessities A year later the Phmnix, built by .John Stevens, made the first ocean of the hour. If the measure had been brought in here as an.original trip of.a steamboat, from New York to Philadelphia. t 7484 CONGRESSIONAL RECORD-HOUSE. JULY 24,

In 1818 the :first passage across the ocean by steam-power-was made At this period tbe glory of the American merchant marine was at its by the Savannah, built in New York, which made the trip from that height. Our ships were the acknowledged sovereigns of the seas, and port to St. Petersburg via Liverpool, reaching the latter port in twenty- nothing more beautiful or inspiring will ever be seen on the ocean than six days, and making the return trip aeross the ocean. the picture presented by one of the great sailing packets, or one of the

Following up this experimental voyage, the first regular passages made magnificent clipper ships of that era from the ship-yards of New Eng­ l by steam-vessels across the ocean were by the American vessels Sirius · land or New York, dashing along under a cloud of canvas. and Great Western, in 1838. Not satisfied with laurels won on the outer ocean, Am"'rican enter- Next to the ap~lication of steam itself to ocean navigation the most prise determined to compete with John Bull in a field where he had important change has been the substitution of the screw-propeller in long boasted pre-eminence; and in 1851 th~ little yacht America, built place of the paddle-wheel. And here, again, while tentative experi- by James R. and George Steers, of New Yol"k, sailed acros.."' the ocean ments were made in Europe, the practical introduction of the propeller and boldly ente1·ed for the Queen's cup in the regatta of the London was made by that Ericsson who has since become famous as anAmeri- Royal Yacht Club. Although ruled out by a technicality as to ownel'<­ can inventor, and the second screw-steamer ever built was constructed ship the Yankee yacht sailed over the course, beat the English yacht for an American citizen in 1839. squadron out of sight, and was presented by Queen Victoria with a The history of our mercantile marine in the early days is full of in- duplicate of ~he Queen's cup, which has been held by the New York terest and a source of pride to every American citizen. Yacht Club ever since against all comers, the latest trial for it having Immediately after the war of1812-'14 had secured the rights of Amer- been won by the Boston sloop Puriron, which defeated the British cutter ican commerce, the famous Black Ball line of packets was estab- Genesta last year. lished in New York, sailing once g. week between that port and Liver- The victory of the America created the most profound sensation in pool The ships then employed were only of 400 or 500 tons, but at England; it was deplored in the newspapers and made the su~ject ot that time were deemed large vessels. The average passage eastward speeches in Parliament. As a direct result of that race and the achieve­ was twenty-three days and homeward forty. One ship, the Canada, ments of our clipper ships the English began to imitate our models and made the outward trip in fifteen days and eighteen hours, which was to buy many of our ships. I well remember seeing in one of the docks considered very remarkable. In 1821 the Red St.ar line was organized, of Liverpool a fleet of American-built ships flying t.he Cross of St. and soon after Grinnell, Minturn & Co. established the Swallow-tail Gevrge and the private signal of James Banes & Co., a gt·eat shipping line, so named from theshapeofthesignal-flag ofthefinn. New York firm, which my friend from New York [Mr. HEWITT] has undoubtedly then bad weekly packets to Liverpool, carrying the m~s and passen- known. At a time when Great Britain was subsidizing its commerce gers. . for the transportation of its overcrowded population to fill up the col- Then came the famous Dramatic line, founded by Capt. ~. K. Col- onies of Australia; when the English ship-builder bad every ad vantage lins, w bo. afterward organized the splendid ·line of steamships that that government aid could give, people came from all parts of the king­ bear his name. Among his sailing packets were the Sbakspeare, Sid- dom and the continent to admire the superb fleet of American ocean dons, Garrick~ and Roscius, all of them greatly admired on both sides meers, purchased by that Briti'lh house from the ship-yards of l\1assa­ of the Atlantic. Grinnell, Minturn & Co. entered competition with chusetts and Maine, the Blue Jacket, the Red Jacket, the Donald Me­ what were known as the Statesman fleet, and the ships by this time Kay, the Lightning, and other triumphs of naval architecture, such as had grown to double the size of the packets of 1816-the Patrick no other nation in t·he world bad e'\"er produced. Henry, of 1,000 tons; the Ashburton and Henry CJay, of 1,250 tons; The superitnity of American models and types of war vessels was no and in 1846 the New World, of 1,400 tons, was launched for this line less conspicuously maintained so long as our ship-building industries from the yard of Donald McKay, of East Boston, and created a great continued to flourish. In his recent interesting article on the United furore on her arrival in England as the largest and :finest vessel afloat. Btates Navy, Rear-Admiral Edward Simpson, than whom there is no She was followed in 1848 by the Constitution, of the same tonnage, and higher authority, says: • a splendid vessel. In 1852 the Spofford & Tileston line put afloat the Our wooc.len ships that sailed the sea from 1840 to 1860 were the finest in the Orient, followed by the new Henry Clay, the Webster, and Calb6 un, world. 'l'hc old frigate Congt·ess, in 1842, wa the noblest spt;-cimen of the frigates built in New Hampshire, the former being still afloat a few years ago. of the dny, and the sloop-of-war Pot·tsmouth was unsurpassed as a corvette. .~l b" t' W'll" & G · ' Bl k Sta The clipper ships of that period need no eulogy beyond their own record. Then there were the b eautif UJ. s Ips 0 1 mms u10n S ac r Those shipfl were the models for the imitation of all rual"itime nations, and line, the Havre line, the London line, Enoch Train's famous Boston among the constructors of the period may be recalled, without detriment to Diamond line, the Philadelphia line, and others, which whitened the many others omitted, the names of Lenthall, Steers, Pook, and Delano. The seas with American canvas and won credit for their country whe1·ever poetry of sailing reached its zenith during this period. they displayed their colors. The Princeton aiHl San Jacinto were among the .firat war ships fitted At this time no maritime nation thought of competing or comparing with screw-propellers, and were fine ships of their time, The Merri­ with American vessels, whose beauty of model, superior speed1 and lux- mac frigate, built in 18.'>6, was greatly admired by foreign architects, ury of appointments were unapproached by any other emit. They bad and the British a

and during the progress of the war was sent to cruise in search of the signed by the Bureau of Steam Engineering under its present aecom­ rebel privateer Alabama, which waa engaged in capturing and destroy- phshed Engineer-in-Chief, and concerning which criticisms ha:ve been ing our unarmed merchant vessels. . made, the fol1owing commendation was expressed by Sir Thomas Bras­ The Alabama was built for the confederate government in 1862 in sey in The British Navy, volume 1, page 545: the famous Laird ship-yard a• Birkenhead, and, being designed three The record of the Vandalia affords a good illustration of the efficiency of the years later than the Kearsarge, represented the best effort of one of the type of machinery employed for her. This ship was first commissioned in 1875, and returned home, after a full three years' cruise, late in 1878 in good order, greatest ship-building establishments of Europe in the production of having steamed during her absence the very nnusllal distance of 26,230 knots. that type of vessel. During the entire interval she was never detained a single day in port on ac­ In point of' size, armament, &c., they were remarkably well matched, count of repairs to the engines or boilers, or for work required in the engineer's department. A record equal to this can rarely be found on the logs of any other as the following figures will show: American ship of war. There cau be no more convincing proof needed that the engines and boilers were properly designed and well built, and had excellent management and care during the cruise. That is an English indorsement, and on this side of the water we have that of Secretary Whitney's advisory board, who have accepted the designs of the bureau for the machinery of the new steel cruisers. The present administration seems to have started out with so intense a determination to discredit the new ships commenced under Repub­ Length overall ...... feet ... 220 232 Length ofkeel...... do .. . 210 198-} lican auspices, that no effort has been spared to convince the public that Beam...... : ..... - ... do .. . 32 33 they are failures. The effort was so strong that it overreached itself, Dep~h ...... do .. . 17 16! and the public has been convinced only of the injustice and reckless­ Tonnage ...... : ...... tons .. . 1,040 1,031 ness with which the Department drove into bankruptcy in his old age one.of the greatest ship-builders in the world, and practically broke up Alabama's battery: Eight guns-one 68·ponnder pivot smooth-bore, one 100- pollnder pivot rifle, six heavy 32-pounders. : the most important ship-building establishment in the country. The Kearsarge's battery: Seven guns-two 11-inch pivot smooth-bores, one ZS. people have looked into this matter and public sentiment has deter­ pounder ri.B.e, four light 32-pouuders mined that the crusade against was the most cruel and The Kearsarge, Commander John A. Winslow, lay off and on, outside unjustifiable persecution of which a government was ever guilty to­ of Cherbourg, France, for several days until the Alabama, which was in ward one of its own worthy citizens. port, made all preparations for the fight and steamed out on Sunday The people were quick to note and condemn the manner in which one morning, the 19th of June, 1864, under command of Raphael Semmes, board after another was'' organized to convict'' the Dolphin of tailing aecompan~ed by some English friends in the yacht Deerhonnd, who had to meet the conditions of the contrad; and the systematic publication come out to see the Yankee gunboat captured or destroyed. of everything unfavorable, while everything favorable was suppressed, The Alabama commenced firing first, and the Kearsarge steamed up added to the popular conviction that l\Ir. Roach was not receiving" fair to close quarters and opened :fire, the two vessels circling around a com­ play." mon center and plying their guns until within an hour and a half from Take the matter of speed. The advisory board reported that it sat­ the tiring of the first shot the rebel cruiser flung her bow high into the isfied the conditions of the contract, but the Belknap lJoard was ordered air and disappeared forever. to make a special test. In the Secretary's report in November he gave The executive officer of the Alabama, Mr. Kell, in a recent article in the official report of the Belknap board, dated June 15, 1885, in which the 9entnry magazine, says of that vessel: they said: · The Alabama was built for speed rather than battle. Her lines were symmet­ The board witnessed hc1· performance on the smooth waters of Long Island rica.l and fine; her materia) of the best. In fifteen minutes her propeller could Sou~d on three ~ions. The conditions were most favorable but the speed be hoisted, and she could go throllgh every evolution under sail without imped­ attamed was not mexcess of15 knotsperhour.aresultfarfrom promising alike iment. In less time her propeller could be lowered; wit.h sails furled and yards spee~ at sea, unde1· the conditions she must always be ready to meet in aetna! braced within two points of a head wind she was a perfect steamer. Her speed sernce. independent was from 10 to 12 knuts; combined and under favorable circum­ stances she collld make 15 knots. In response to a call from the Senate the Secretary recently sent some correspondence, among which appears in print for the first time the fol~ Yet, after this high praise of his British-built ship, largely manned by lowing dispatch sent to Captain Belknap nearly a month previous to the seamen from the British navy, Mr. Kell, in accounting tor the swift and date of the report abo•e quoted: utter defeat concedes to the Kearsarge superiority of speed and also [Telegram.] pays a tribute to the effectiveness of the American guns, saying: . NEW Yo&K, May 28,1885. Hon. 3ECRET.UtY OF NAVY, The 11-inch shells of the Kearsarge did fearflll work, and her guns were served beautiflllly, being aimed with precision and deliberate in fire. She came Washingum, D. 0. : into action magnificently. Having the speed of us, she took he~ own position Dolphin ran six consecutive hours to-day without mishap of any sort averag­ and fought gallantly. ing from 72 to 76 turns pe~ minute; all conditions very favorable; stea~ press­ ure from iii to 89 pounds; average speed 151} knots; speed for two hours 15.9 In another article in the same magazine Mr. Haywood, one of the knots per hour; approximate mean collective horse-power, 2,240. - As ship was ngrOlmd on reef on 'Vednesday,she ought to be docked before sea trial. Alabama's crew, sums up the the matter as follows: - . G. E. BELKNAP, One grim old tar who bad been quartermaster in the British navy and was President of Board, Astor House. saved with me, said to the point: "We was whipped bec~~.use she was a better ship, better manned; had better guns better served. That's about the size of it." This shows that she did make an·average speed of 151- knots. and· a Thus, dnring the progress of a great civil war, American genius not maximum of nearly 16 knots per hour. It will be remembered that only revolutionized the construction of armored vessels, hut we also the Belknap board also severely denounced the construction of the vessel demonstrated the superiority of an American wooden sloop of war over in many respects, and especiallyonaccount of ''structural weakness." a similar type of vessel built three years later by one of the foremost The naval advisory board, however, very effectively answered the crit­ naval constructors of England. icisms made, although the Secretary would not publish their report to For various reasons, since the war,less has been done to keep up the o~set the Belknap strictures that had been promptly given to the press. pre-eminence of our Navy. Our ocean commerce having been largely Fma1ly Capt. R. W. Meade was put under confidential instructions to destroyed, the most of our great wooden-ship building establishments give the Dolphin another trial at sea. From the experiments to which have fallen into decay, and with the attention of our people being more he subjected the vessel one would infer that he had been ordered to de­ and more directed to internal development, we have tailed to make stroy her if possible, but she passed safely through an ordeal that few adequate provision for the maintenance of our prestige on the high seas. steamship owners would select with a view to benefiting their vessels. Yet there has been good work done, and our naval corps is capable of But Captain Meade's report was withheld, and for months the public designing as good ships as can be built in any country. There is too could only surmise that lus findings were favorable to the devoted much of a tendency to belittle and detTa{!t from the ability of our own craft or the Secretary would have promptly advertised them. A few weeks ago the report saw the light under a resolution of the Senate, constructors and enginet>.rs. I believe that the bur~aus of our Navy Department are capable to-day of furnishing as fine models and as ex­ and it will make some old salts open their eyes to learn the sort of tests ceUent designs for the hulls, engines, and armament of modem war­ that the Secretary of the Navy deemed it necessary to apply to deter­ mine the stability of a vessel Captain Meade says: ships as can be produced t~nywhere under the sun. The flippant slurs When about 65 miles east by north of Cape Hatteras encountered a moderate at-the Engineer Bureau which are indulged in by those who want us to gale from the southward. the force of the wind being recorded as from seven to buy our ships and our machinery abroad find no warrant in the his­ eight; sea rough. tory of theservice. It is a well-known 1act that the Wampauoag, built '£he proposition I made to tl1e civilian experts in order to test the ship was acceded to, and is substantiaUy as follows : in 1868, made an average speed of 16! knots for thirty-eight hours at To rlln the Dolphin under fult steam power (draught forced) two hours head to sea; an average of 17 knots for twenty-four hours, and a maximum wind and sea; two hours with the wind and sea foul' points on the starboard speed of 17! knots-the fastest time that had ever been made by any bow; two hours before the wind and sea; aud, finally, two hours with the w ind ship of war. and st:a on the port quarter. . The Ineonstant, built by the Eritish navy on a similar model and He reports the result of these experiments as follows: mtended to beat the American ship, succeeded in making only 15 knots At 7.50 a. m. the trial commenced, the revolutions of the screw being sixty­ eight per minute; steam pressure, 75 ponnds; speed per log, 11.1 knots; the · nn hour. ship very uneasy, pitching through large arcs and taking kl.rge quantities of Of another of our vessels, the Vandalia, whose machinery was de- water forward, necessitating the battening down of the hatclles. 7486 CONGRESSIONAL RECOR]).;....HOUSE. ~ JULY 24,

'.rhe lack of a pi'oper number of freeing ports now became painfully evident. mended that William Cramp & Sons should .go abroad and purchase The angle of pilch was 200; S cend. 1:>0; roll to starboard and po,rt, not ove.r 5°. At 10 a. m.,justas the first part of the proposed trial was over and I was about plans, which they did, at an expense of IDQre than $10,000. This to subject the vessel to the second test of running with wind and sea on the bow, shows that the gentleJpau is not familiar with the facta at all. The instead of directly ahead, she plunged and took a. solid green sea over the bows, which carried away bridge-ladders and gratings, started the frame-work of the Yankee of this country is ahead of the world, because be puts hiJmelf bridge, filled the pilot-house and forwaro fire-room ventilators, and left 2~ feet ahead whenever he can. That is exactl.J what Secretary Whitney has of water fore and aft the deck, which-passed o1f through the scuppers and filling done. He has bought the plans of the best cruise-r that has ever been po.rtsveryslowly(onredu~the.speed),theshiptremblinguudertheincreased constructed, the last resul,t of twenty yeam' experience in ship-build­ weight--which must have been quite 4.0 tons-and manifestly suffering. Not dcsil·ing to strain the vessel unnecessarily, I slowed the engines until the ing. Now, as to the substitute, I have only this to siy, and I think I ship became dry and easy; the revol utious were then forty per minute and the speak for all the majority of the committee. speed by log 3 knots, the ship being still head to wind and sea. I am satisfied, howe>er, that had !continued to urge the Dolphin to full speed We have not changed our opinion. We thought at the time that it she would speedily ha>e been in great jeopardy from the vast amount of water would be well to appropriate the amount of money carried in the orig­ which would have continued to come on hoard owing t-o the absence of the inal bill and to build the number of ships there provided for; but we usual "turtle back" fitted to small vessels required torunathighspeed in rough rer.ognize the fact that the committee is simply a representative of the water. Yet under like conditions of wind and sea the steamers of the Ward. Alex­ House; and when we found thab there was an opinion in the House that andre, or Cromwell lines, and even the small channel packets (half the size of we ought not to expend this year as much money as was carried in the Dolphin), could have made their schedule speed without any difficulty. that bill and that we ought not to authorize the building of as many The gale was but a moderate one, ::~.ndjust before the heavy sea referred to was shipped I noticed scve.ra.l merchant vessels running before the wind under top­ shijls as w.ere there authorized, we conformed to what we believed to gn.llant sails. The sea, however, was -roughjo,. a smaa 'tiessel. be the sentiment of the House, and for that we have no apology to The Dolphin. as at present fitted, can not safely be driven at full power even offer. in moderately rough water, and my opinion is, she is merely useful for smooth- water dispatch. . Mr. REED, of .Maine: I think we will show the gentleman tb. t that Under these circumstances it seems rather a misnomer to call her a "dispatcll sentiment does not exist on this side of the House. vessel." Mr. HERBERT. Very well; perhaps it does not. But we under­ And comparing her with sea-going yach~ she appears to great disadvantage, since she is too larg-e, too expensive, and much too ill-arranged and inconven- stood that to be the sense of the House, and therefore we proposed this ient fol" use as a pleasure craft. (Sec Inclosure C.) · substitute. I ask gentlemen who are in earnest in their desire to do· About 2.30 p.m., with the aoquie ceuce of the civilian experts, I altered the course to the westward to close with the land, and ran the vessel in the trough something for the Navy to stand by the majority of the committee upon of the sea to test her rolling powers. I soon found I could not run her over forty thi~ ·substitute, and I ask gentlemen on the other·side who are in favor re>olutions per minute without endangering the boats, and forty revolutions of e\en more to stand by the substitute upon the princi]?le that "half under the circumstances only gave a speed of about 6 knots. The engine-room pendulum showed the greatest roll to be 26°, but the pendulum in the pilot­ a loaf is better than p.o bread." bouse marked 400 to leeward and 34P to windward. Yet the roll was easy, and 1\fr. BOUTELLE. \\lny should we not have the whole loaf? she shipped no water so long as the revolutions were kept down to forty. The Mr. REED, of l\!aine. If the gentleman from Alabama will p~nni t experiment of increasing them to fifty caused her to roll quickly and uneasily, I If and I slowed again. me, will say this: you have forty Democrats who are in favor of During this tim6 neithtr myself or officers observed any lach of strength in l~uu or your o1·iginal idea you can carry it., because our side will vote for it. machinery, and through the voice-tube ft·om the pilot-house I was in constant If you have not forty Democrats who are in favor of it, I shall be glad communication with the engine-room. If any strudU!·at weaknus exist it did. to in not exhibit itself; and tho engines ran smoothly, and were only stopped once in see you admit it this way. si.::dy-fou.r how·s, a.nd then merely t-o sound. There was but slight tendency to Mr. HERBERT. I have no doubt, 1\fr. Chairman, that there will be heat reported, and no unusual amount of oil or water, for a new ship, used on attempts to load down this bill, but I hope the gentleman fro ill Maine bearings or journals. '.fhe ship m·rived at Hampton Roads the next morning-. will not do anything of that kind. By separating the statell}ents of fact from the expression of opinions Mr. REED, of .Maine. ''Load it down" with your original propo i­ in the above report it will be seen that this much-criticised >esse! was tion! su~jected to most extraordinary tests of her stability, and that she e>er 1\Ir. BOUTELLE. Is not the cbairm.a.n of the committee in favor of reached port to tell the story of how she had been driven into a heavy the original bill·~ head-beat sea at the rate of over 11 knots an hour, and then run "in Mr. HERBERT. I have spoken O!l that question. No, not now. the trough of the sea to test her rolling powers," is in itself an ample I am in favor of the substitute now. ~ refutation of the charge of'' structural weakness." Mr. REED, of Maine. We will give you an opportunity to bow It will also be seen that the criticism of Captain Mead, as he says, what yon are in f(:l.vor of. "f!oncerns the designer rather than the builder." In other words, he 1\Ir. BOUTELLE. Well, do not say that we "load it down when raises n. question of judgment as to the design between himself and the we simply give you your own original proposition. other eminent naval officers and civilian experts who designed the ves­ Mr. HOPKINS. That was an embarrassing question which the gen­ s~l. Such a dispute would be likely to arise between any two sets of tleman from Maine [Mr. BoUTELLE] asked, and he ought not to have persons and is a matter of opinion. asked it. A strenuous effort seems to have been made to fig~re the speed of Mr. HERBERT. I am not emba.rrassed ~ t all. I 83JY that I am in the Dolphin down to the lowest point, but the statistics gi~ in the favor of the substitute. log reports of the various trials show indisputably that the vessel devel­ Mr. Cha.iTman, I yield the remainder of my time to the gentlcumn oped more than the fifteen knots claimed by her designers; and Ad­ from Penn ylva.nia [Mr. CURTIN]. miral Simpson says, in an article printed since all the trials were made: Mr. CURTIN. Mr. Chairrru:m, in the Forty-eighth Congress Mr. El­ She (the Dolphin) has proved herself eminently successful, and is the fastest lis, of Louisiana) then a member of the House and on the Committe sea steamer of her displacement built in the United States, with perhaps the ex­ on Naval Aft'airs stated that. since the war 154,000,000 ~nd been ex­ ception of the steam-yacht Atlanta. She is a staunch vessel of great structural pended for the construction and repair of the Na. vy, and that the money strength, and does oredit to the ship-building profession of the <.-onntry. was gone ruid the Navy with it. In the Forty-seventh Congress we Tho action of the Department in finally, though reluctantly, accept­ spent time and money in an effort to repair the old monitoi-s, which ing tl:e vessel and undertaking the completion of her consorts is a con­ were of.no value at all. I remember that a long time ago Davy Crock­ fessio:t that the unprecedented efforts made have failed to discredit ett., then a member of the House of Representati'\'es from the Sta.tc of these first-fruits of American handiwork in the line of building steel Tennessee, said, '' Whar' now is your public Treasury? Echo answers, 1 ships of war. . now bar'. ' The &'\.me might be said, bfr. Chairman, of our 'Navy a ud It 1..:0w seems that the administration, which commenced by break­ of our expenditures for it. I am .in fuvo:r of the bill as introduced, be­ ing duwn the greatest ship-building establishment in America, is fol­ cause it received the sanction of the administration and of a majoTity lowing its uu-American policy by going to England for designs for our of the committee. Who would not favo-r the construction of an vy fdr ships, and insisting that we shall Hterally copy a foreign model. this country? Who can filll to remember the glorious achievements of Thi:; is the fu:st·time, to my know}edge, in the history of this coun­ our Navy. In 1812 and 1813, when the British fleet was on our co11Bt try ~hen we have had before us the proposition to lower our standard and our armies sUITendered and disaster came upon -q.s and our ca.pital and say to England or any other country, ~'We acknowledge that with wa<> burned, our improvised Navy went outupon the high seas, lowered all O'Ur inventive capacity and ability we must coine to you and take the flag of the greatest nation in the world, and, a a result of that war, your models and build upon them without improvement or modifica­ gaYe the country ·consequence before the world. tion.'' 1\Ir. Chairman, we should be provided against war. Iu the affairs of I protest that we have the ability, and it should be a matter of na­ humanity wars come suddenly upon all nations. War~ have come to tional pride with us to improve npon the best models and designs that us. We have been engaged in two foreign wars. \Ve have had ~ do­ the Old World can furnish, and to put afloat American ships of Amer­ mestic war. The wise men of to-day may say tliey knew the war was ican design, and built of American materials, that will set the example coming; but the wi e men of that day did not know it was coming. of ou:· superiority as of old. [Applause.] If the storm had at that time burst suddenly upon the eountry in all Mr. HEHBERT. My colleague on the committee from Maine [Mr. its force, and we· bad at the beginning o-f the terrible struggle under­ BOUTELLE] is very badly mis.taken in his facts. When, in 1867, en­ stood the magnitude of the war, that it would in>olve an e:rpenditnre gines were put into the Quinnebaug Secretary Welles bought them of billions of money and the loss of seven hun<;lred thousand precious abro~ d as models by which our builders in this country could work lives, perhaps nobody would have been bmve enough to face the con­ and

It is tme, Mr. Chairman, that we did improvise a navywhich block­ Mr. HEED, of Maine. We do not want another Department out of aded the Southern coast-the only actual blockade in the hi.stnry of the joint. world. It was not a blockade by proclamation; foreign countries ad­ Mr. CURTIN. Nobody is ''out ofjoint." (Laughter.] mitted that we did blockade 4, 000 miles of coast with .an improvised The CHA.ffi:MAN. The time allowed for general debate has now navy. But that blockade was .intended to prevent commercial inter­ expired. course between the people of the South and foreign countries; we neYer Mr. CURTIN. I am quite sure this bill meets the approbation of the with tba.t navy could have resisted foreign aggression. One ship of administration. the Italian :aavy could have destroyed our whole blockading squadrQn · l\1r. HERBERT. I have no doubt it approves ofeverythingin it. if gathered together. Mr. REED, of Maine. The administration does not seem to have Now, the administration is in favor of commencing the building of a the support of the chairman of the committee. navy. There is no use turning this question into politics. It is a. .Mr. CURTIN. Oh, yes, it has; and I would be willing to give $100,- question which appeals to the American heart. Our commerce should 000,000 if necessary for this purpose. be extended throughout the world, and should be protected under the Mr. HERBERT. If I can have order, I desire-- :flag of this country and by the guns of this Government. Why, Mr. Mr. CURTIN (addressing the Republican side of the Honse). You Chairman, in the Forty·seventh Congress I introduced a. bill appr~pri­ are an organized party on your side; we are not well organized. [Laugh­ ating $25,ooo·to try experiments on steel armor made in this country. ter.] You move at the indication of the distinguished gentlem.a.n from An ingenious man in the State of Pennsylvania discovered that he could Maine. We do not move at anybody's indication. I :wo~d like to weld steel of three qualities: the first pliable, the second harder, and know where I am. (Laughter.] Surely I desire to submit to party · ,the outside layer as hard as a file. There was thus ronstructed a plate discipline, and in doing so to advocate measures that will give a navy 13 feet long and 6 feet wide; but the Government of the United St..'lrtes to the country worthy of its consequence and mRe,onitude in the nations admits that it has not a single gun with which to try experiments upon of the world. that plate. ·Mr. HERBERT. I ask the substitute be considered instead ofth~ Now, as I understand, the present administration has reported through original bilL this committee a modified proposition to commence building a navy. Mr. REED, of Maine. We are in favor of the original bill. If you would appropriate $100,000,000 you could not build a navy at The CHAIRMAN. Is there objection to mking up and considering once, though you did improvise a. fleet at the time of our domestic war. the substitute instead of the original bill? It is proposed now to make cruisers. What difference about the mod­ :Mr .. REED, of Maine. I object. els? The learned gentleman and gallant sailor from Maine [Mr. Bou­ !Ir.HERBERT. Verywell; thenletusproceed with the considera­ TELLE] has said that we accept English models. Why, I would have tion of the original bill, and I give notice that when we get through that gentleman remember that the fight down her& in Hampton Roads with it I will offer the substitute. between the Merrimac and the Monitor changed the naval warfare of The CHAIRMAN. The time for general debate bas expired, and the the world. The ingenuity of our people conceived a plan of warfare bill will now be considered under the five-minute rule, and will be read with iron-clad or steel-clad cruisers or ships of war. Foreign nati~ns by paragraphs for amendment. imitated our example. If there is anywhere in the world a model of The Clerk read as follows: a ship better than we have yet constructed in this country, let us adopt Be. it enacted, &c.., That the President is hereby authorized to h.a.\"e constructed, it. Let us take it for what it is worth. Let us build a navy, proceed­ ns hereinafter provided- First. Two sea-going don ble-bottomed armored vessels of about 6,000 tons dis­ ing, as proposed by the administration and by .the bill under consider- placement, designed for a speed of at least16 knots an hour, with engines having . ation, by degrees, and thus prepare tbr the future and be prepared for all necessary appliances for working under forced draught, and costing, includ­ war if such a calamity is in the future to afllict our country an~ inter­ ing engines and machinery and excluding armament, not more than $2,500,000 each. Toward the construction of said vessels the sum of $1,250,000 is hereby rapt our peaceful p1.l.l'.5uits, and further break our normal condition. appropriated. Said cruisers shall have each a complete torpedo outfit 1llld be Let u.s make adequate appropriations now, so that we may have the armed in the most effective manner. cruisers upon the high seas as soon as possible todefendourcommerce. Second. Three protected double-bottomed -cruisem of not less tha.n 3,500 nor more than 5,000 tons displacement, with the best type of modern engines, flll'­ As I understand now, the great question is whether you can build a nisbed with necessary appliances for working under forced draught, said crllis­ cruiser with one gun which can get away from the big ships which can ers designed to have the highest pmcticable speed. Noone of said vessels shall not make the same speed that your cruiser makes, and that should be cost, including engines and machinery and excludtng armament, exceeding $1,500,000,and the cost of the three vessels, including engines and machinery, our policy. Let us give our commerce protection; let us build up a shall not exceed $4,000,000. Two of said cruisers shall be provided with spars navy such as will comport with the glofy and power and consequence and rigging to spread at least two-thirds of fuJ..Lsail-power: Provided, however, of this country. Let us do it through the administration in power. That S.'l.id Bpars shall be easily removable in ca e of need. The other of said cruisers shall be required to have only military masts, but shall be so con­ And I say to the gentleman from Maine that the administration now structed that masts and spars may be rea.dily inserted sntlicient to carry at least in power and the man who occupies the Presidential Mansion stand by two-thirds of fllllsail-power. Tow!l.l'dtheconstrnction of said cruisem the sum the measure now proposed; and we on this side of the House will stand of $1.100,000 is hereby appropriated. S:1id Cruisers shall be armed in the most by it. effective manner. · Mr. BOUTELLE. Which bill do yon understand the administration Mr. BALLENTINE was recognized. stands by? Mr. R.EED, of Maine. Is this being read for amendment? Mr. CURTIN. As I understand, the substitute-the smaller one. The CHAIRMAN. It is. Mr. REED, of Maine. The " half-a-loaf" proposition. Mr. REED, of Maine. Has the first reading been waived? Mr. CURTIN. I do not care whether it is" half a loaf" or one grain The CHAIRMAN. It has. of wheat that is to make the loaf: I want a navy. I do not want it MESSAGE FRO~ THE SENATE. to be said that we have spent $154,000,000 for a navy and have neither The committ-ee informally rose, and Mr. McADoo took the chair as the money nor the Navy. Speaker pro tempore. · ~'f.r. BOUTELLE. Does the gentleman understand that the admin­ A message from the Senate, by Mr. McCooK, its Secretary, announced istration desires the passage of this bill cut in two in this way? that the Senate had passed without amendment a bill and joint reso­ Ur. CURTIN. I undeTStand that from the chairman of the com- lution of the House of the following titles: mittee. · A bill (H. R. 9208) to permit the entry free ofdutyofforeign goods Mr. BOUTELLE. That this measure is desired by the Department? for exhibition at the fourth annual exhibition of the United States Bot­ :Mr. CURTIN. I understand so. tlers' Protective Association; and Mr. REED, of Maine. The chairman of the committee does not say so. . Joint resolution (H. Res.129) directingthePublicPrintertoforward the CoNGRESSIONAL RECORD to our legations abroad. ~'f.r. BOUTELLE. I should like t.o have that matter understood. It further announced that the Senate had agreed to the amendments Mr. CURTIN. I think he means that. of the House to bills of the following titles: Maine. He say is yet. Mr. REED, of does not it; and he silent A bill (S. 453) for the er~tion of a pnblic building at Jacksonville, M:r. CURTIN. I understand that it meets the approbation of the Fla.; and · Navy Department. A bill (S. 1492) for the relief of Ellen Sadler, sister of John Sadler. Mr. HERBERT. I have not said anything as to what the President It further announced that the Senate disagreed to the amendments wishes. This bill was reported from the committee; ·the committee of the House to. the bill (S. 2609) granting a pension to Emily J. Stan­ considered and approved it. That is what I said. nard, asked a conference on the disagreeing votes of the two Houses to Mr. BOUTELLE. What do you understand the fact to be? the amendments of the House, and had appointed as managel'S of said Mr. HERBERT. I understand the fact to be that the committee conference on their part Mr. SEWELL, Mr. BLAIR, and Mr. Wn.soN, of reported this substitute, and are in favor of its passage. :Maryland. Mr. HISCOCK. Do you not understand that the· administration wants the bill as reported in the first instance? NAVAL ESTABLISHMENT. Mr. HERBERT. Neither the Secretary of the Navy nor the Presi­ The committee resumed its session, Mr. CRISP in the chair. dent is a. part of the legislative power or a part of this Honse. Mr. BALLENTINE. I move the following amendment. Mr. REED, of Maine. I hope ~ou are in harmony with them. The Clerk read as follows: Strike om paragraph 2, and in lieu thereof insert the following : Mr. HERBERT. I think I am. They .are both in fuvorofincreas­ ''One cruiser of not less than 2,500 nor more than 3,500 tons displacement; salA ing the Navy; so am I; and so is the committee. cruiser to be constructed upon designs, plans, and specifications furnished by • 7488 CONGRESSIONAL-RECORD-HOUSE. JULY 24,

Charles G. Lundborg, of New York, and onder his supervision and direction. gacity t<> adopt a. similar policy, as it is in the interest of both eco.notny The said vessel shall have the highest practicable speed (not Jess tha.n 20 knots per hour), full sail power, and an arma.mrocured the plans of the Esmeralda, a ress of the science, they ha>e modern efficient naval establishments. cruiser built in England for the Chilian Government, and the advisory During our era of repab:s board accepted this design as a type of vessel of the highest speed and England expended for new modern ships over...... $170,000,000 greatest efficiency after which to model and construct the ships now building at Chester. The present administration has purchased the plans of the Naniwa-Kan, and propose to build a cruiser upon her de­ sign. Neither of these ships is over 18 knots speed, and the copies which our Government propose to build will not be likely to equal the ~~~:·~]I:~l~Sf:l-\-~~~~-~~\\\/~~:;~:\~~;f_:;;;~~_(:\::.;1:;;:~~--~ ~!i!m originals in speed and efficiency. The ship proposed by the amendment j nst read will be sn peri or to both these foreign plans, as attested by the In addition to these vast expenditures by England and Germany and eminent authorities who indorse it. France, these powers have now under consideration propositions tG still "There is a rank due to the United States among nations which will further increase tlfeir naval establishments, at an aggregate expense of. · be withheld, if not absolutely lost, by the reputation of weakness. If over $100,000,000. we desire to avoid insult we must be able to repel it; if we desire ..to se­ Uncle Sam's" naval repairs" teat having run dry, and the voradous cure peaee, one of the most powerful instruments of our prosperity, it ?Ormorants tugging at it for twenty years having let loose their bold, must be known at all times that we are ready for war." 1t may be assumed that we are now in condition to enter upon a new Mr. Chairman, these words of wisdom and sound policy, spoken by era for the restoration of our Navy to its former position of efficiency the first Chief Magistrate of the Republic, inspired the organization and distinction. and development of a naval establishment in this country, which en­ In entering upon this new era let Congress make no mistake. .As to abled us to repel insult, vindicate the rights of our citizenS;, defend our the proper measures necessary to provide this country with a naval es­ national honor, and achieve the highest rank among the foremost naval tablishme!!.t commensurate with its necessities, upon tbat momentous powers of the world. Under the wise counsel of Washington we question there is a wide difference of opinion. But it may be con­ ac.bieved this high distinction within the first half-century of our na- tended that the era of rebuilding our Navy began a few years ago when tional existence. . Congress provided for the construction of the Chicago, Boston, Atlanta, If we desire to relieve ourselves from om present condition of defense­ and Dolphin. le.c;sness, avert humiliation and disgrace, we must return to the wise The new ships now building are surrounded by the most serious poli<..>y enunciated and carried out by the Father of his Country. The doubts as to theirsuccess. The Dolphin is prononncedafailnre. Will time for doing so is both opportune and propitious. Public sentiment the Chicago, the Boston, and the Atlanta. be any better? All the crit­ demands it, and the condition of our public Treasury warrants it. It icisms upon them, both in thil;; country and England, are adverse and devolves upon Congress to enact the necessary legislation to establish conde~atory. Chief Engineer Isherwood, one of the ablest and most an adequate and efficient navy for this country. expenenced officers of our Navy, testified concerning the Chicago as Two questions confront us: What kind of a navy do we require, and follows: .. · how can we secure it? Insolvingtheseimportantquestions correctly, IIer ~achinery is inefficient in type, and will fail at high speed. She has but half sail-oower, and can not cruise under sails; she will always have to use it may not be unprofitable to take a retrospective view of our naval steam. Her speed will be entirely too little, and her endurance much too &mall. history. The inventive talent, mechanical skill, aud undaunted cour­ age of our people, stimulated by an ardent patriotism, attained fo1· us Concerning the A.tlant.1> and Boston, be said: • the highest distinction, and secured national safety and prosperity. That excepting their maehinery they would have all the faults of the Chicn.go We continued to hold this proud position of honor and security until in an exaggerated degree. wooden walls were superseded by ironclads and turreted ships, created But assuming that these vessels may fulfill the expectations and prove out of the unfortunate emergency of our internal conflict. Even in the successful, R.Ccordingto the theories oftheirdesignei'S, even then they will , extraordinary transition in naval construction, from wooden to iron ves­ then be comparatively useless and not equal to the exigencies of the sels, we taught the naval po,wers of the world, and revolutionized, by times. In what respect, may I inquire, do the cruisers provided for in the results of a single engagement, their systems and establishments. the pending bill differ from those now building at Chester? Only in The. encounter b~tween the Merrima.c and Monit~r inaugurated a new size and cost. Like the Chicago and her consorts, the proposed ships era m naval architecture. The results demonstrated in the naval bat­ will be too slow for cruisers and too vulnerable to give battle. Not tle of Hampton Roads rendered obsolete tho navies of the world. The being able to fight or run, I ask, what are this class of vessels fit for? enterprise, ingenuity, and skill of our people were again equal to the Are they intended as slow pleasure boats to accommodate a few line great emergency. '!'hey adopted the innovations in naval construction officers of our Navy with independent commands? For any other pur­ with alacrity, and produced with wonderfulfacilityand dispatch a for­ pose they will be absolutely worthless. midable fleet of ironclads, gunboats, and cruisers, the number and The political situation and necessities of this nation differ entirely type being controlled only by the public necessity and the facilities from those of European countries. We have no outlying colonial pos­ available to build them. sessions to maintain and defend. A naval establishment suitable and Our war navy was an emergency navy. When it had fulfilled the adequate for their purposes would not be adapted t<> the requirements purposes for which it had been created, it should have given place to, of this country. If we should get into war with any of the great naval and should have been superseded by, a modernized fleet of efficient, su­ powers of Europe, we would encounter ironclads of the most formida­ perior ships of the latest improved type. It should have been apparent ble type. In such a conflict armored cruisers, and especially of low speed not only to our naval constructors but also to the administration that -and light armor, such as we are building and propose to build under the radical and universal change in the methods and materials of ma­ the provisions of this bill, would be utterly worthless. In defending rine construction rendered it impossible to make our war navy perma­ our seaboard we -must be prepared to resist and fight the largest and nently useful and efficient as a peace establishment. Here is where our most powerful iron-clad navy in the world, and to do that success­ fatal navhl policy began. Waste, extravagance, and disgrace followed. fully requires ships equal to if not superior to the best now afloat. The Disregarding the grand achievements and glorious history of our gal­ idea. advanced in some quarters that forts and torpedoes are a safe re­ lant Navy in the past, and ignoring all improvements in naval archi­ liance 1or the protection of our exposed cities is utterly untenable. t-ecture and construction, we degenerated into a navy for repairs only. 'l'he sea must be the field of battle, and therefore a navy is essential. This policy, wasteful and profligate, not 'only squandered many mill­ But if forts and torpedoes were adequate as a means of defense, to ions of the public funds, wrung from the honest tax-payers of the conn­ fortify our extended seaboard would cost more than 1-Rn times the try, but it excited the cupidity of the unscrupulous and venal, and was amount necessary to build a powerful navy. A scheme already reported prolific of jobbery, corruption, and scandal. by the "ordnance commission" estimates the cost of earthen-work If proof is demanded in support of this grave charge'! need only cite forts and great gnus alone at $126,000,000. the books of the public Treasury, which will disclose the fact that the In referring to the matter of independent commands, an explanation expenditures for the Navy from 1866 to the present time, coverin(J' a may be found in the following extract from the testimony before the period of twenty years since the war, aggregate the enormous sn~ of Naval Committee of one of the most intelligent officers of our Navy, over $~00,000,000.- And then examine the Hegister of our Navy, and who says: · yon will not find a single first-class war ship. Is not this a national disgrace? I would have these vessels fol' the pul'poseof giving commR.nd tolieutenA.nts,' who are rusting out for want of something to do. We have Ule tine::~t body o! It is th~ perll_laneD.t policy of all the first-class naval powers of Europe, lieutenants in the world, simply rusting away. and particn1arJy of Germany, France, and England, todestroytheirob­ solete war ships and to replace them with modern improved types. It This, sir, is doubtless an hone.•:;texpression oftbe prevailing sentiment seems most singular indeed that we do not possess the wisdom and sa- of our Navy. It is no doubt the dominant sentiment amoug the llile 1886. CONGRESSIONAL RECORD-HOUSE. 7489

officers, who are all anxious that the Government should build a large exist, whatever may be the fate of enormously heavy armor plates and number of small ships, so that each one of these "rusty lieutenants" guns, which is in the highest degree problematieal. may have an independent command. It seems to be a fancy and not Modem iron-clad ships have never been in battle, and we know con­ an efficient Navy which these officers desire. sequently absolutely nothing of what is likely to happen, except by Can it be possible that the views and desires ofthis class of officers theory. There has been no experience whatever in the matter worth have controlled the head of the Navy Department in his recommenda­ mentioning, except so far as regards experiments in firing against targets tions to Congress as to what class of vessels should be built at this on shore, consisting of iron Qr steel plates fastened to frames, repre­ time? Whether such influences have controlled ot not I am unable to senting a ship's side. But I need hardly say that the experience de­ state, but it is a fact patent to any one who reads the testimony before rived from such experiments must be greatly at variance with what is the Naval Committee that there is a remarkable concurrence of views likely to happen on a vessel moving in the sea. These experiments in on this subject between the line officers and the head of the Depart­ firing against targets, which have been carried on by the European ment. But the important fact was not disclosed whether the vessels powers for more th...'\11 twenty years, or ever since the memorable battle recommended to be built are to increase the efficiency of the Navy, or in Hampton Roads between the Monitor and Merrimac inaugurated the only to gratify "rnsty lieutenants" with independent commands. era of iron-clad ships, ha>e cost enormous sums, hundreds of millions Tbe Committee on Naval Affairs, ofwhich I have the honor of being of dollars. a member, has recommended the building of five additional vessels, Even the smallest European nations, living as they do in a chronic rapging from 3,500 to 6,000 tons displacement. The largest of these state of political uncertainty requiring great sacrifices and uncea-sing · are to have armor belts of the maximum thickness of 10 inches, pro­ vigilance and preparation for possible eventualities, have found it nec­ tecting the engines, boilers, and magazines. They will probably carry es.:;ary to spend large sums upon such experiments. But owing to our a few 10-inch breech-loading rifle guns, besides some lighter ordnance isolated geographical position our people have not been called upon for and machine-guns, and they are believed to make quite formidable sacrifices of such nature. The fruit of these enormously expensive ex­ fighting ships. The weight of thicker armor plates than permitted by periments have come to us gratuitously, and this fact might be urged the limited displacement would, of course, necessitate a larger ship. as one of the reasons why our country, rich and powerful as it is, should Let us now for a moment suppose two vessels of precisely equal speed not hesitate to bear any reasonable expense that might be needed in the and armanent, but one of them unarmored, having no protective armor practical solution of questions which may be of importance for our na­ at all, while the other carried a protective belt of compound plates of tional security and honor. 10 inches at the water line. We would naturally at once conclude that If these experiments against targets have proved anything at all it the unarmored ship had no chancewhateverin a contest with the arm­ is that no st.eel, compound, or iron plate yet manufactured is strong ored one. Let us see, however: The two vessels, if armored with 10- enough to resist the projectiles from a heavy modern gnn. At the ex­ inch breech-loading guns, would be within range of each other at a periments at Spezzia in the latter p~ut of 1884 with a 100-ton gun distance of 5 miles or more. But I will suppose that they approached against solid steel and compound plates of 19 inches thickness it was each other to within a distance of 7,000 ya1·ds, or about 4 miles. found that the projectile weighing 1,840 pounds passed through the Referring to the report to the present Congress by the Select Commit­ plates with the greatest ·ea-se. An examination of the table on page tee of the Senate upon Ordnance and War-ships, we find, page 25, that xxv of the reportofthe Committee on Ordnance aJ!d War-ships shows, at the distance of 7,000 yards, the projectile from a 10-inch breech­ that the projectile from the 100-ton gun will penetrate 29 inche3 of solid loader will penetrate a plate of solid wroughtironof13.23inch'es thick­ iron at the distance ot 1,000 yards, and it also shows how little pro­ ness. At that distance, therefore, the 10-inch armor would probably tection may really be expected from the armor in a battle between be penetrated if fairly hit, and its capability of protection would thus large ironclads armed with heavy guns, particularly if engaged at close be, if not completely nullified, at least very much reduced. The only quarters. The probability is that they wou1d sink each other. practical advantage that one vessel might have over the other would, The only recent trial of iron-c1ad ships from whl,ch can be drawn _consequently, consist in the best guunery, and that leads us to inquire even an approximate estimate of their efficiency and power was tho what would be the chances of hitting each other at that distance. A bombardment of Alexandria by the British fleet in 1882. But that was circle with a radius of 7, 000 yards has a circumference of nearly 44,000 an engagement between ships and forts, and gives no reliable data, as yards, or 132,000 feet, and assuming the ship to be 300 feet long it ·fol­ to what is likely to happen in a battle between ships armed with heavy lows that it won ld occupy only one four-hundredth part of the circum­ modern guns. The Egyptians were greatly overmatched, having only ference, or less than one degree. mostly light smooth-bore guns to oppose tremendously heavy rilled Any artillerist with experience in a seagoing vessel knows that the breech-loaders. Yet it is shown by the results of that unequal conflict chances of hitting a ship under such circumstance-s, taking into con­ that the few rifle.d muzzle-loaders of the Egyptians, although much in­ sideration the motion of the vessel, are very small-not one in a hun­ ferior to the modern high-power rifled breech-loader, did considerable dred. At shorter range the :umor would offer n.<:> protection· at all damage. The Inflexible, the most powerful ironclad of the British against the projectiles from the 10-inch gun, which at a distance of fleet, having armor 24 inches thick, was penetrated below water, neces­ 4,000 yards, or about 2~- miles, would penetrate 16.33 and at 2~000 sitating her going into dock at Malta. for repairs. The extent of the yards 18.96 inches of solid iron. Indeed, it will be seen that at this damage was, however, concealed from the public, which would indicate distance the 10-inch plating would offer no effectual protection even that it was of a serious character. against the 8-inch breach-loading rifle gun, the projectile of which It is safe to say that the first battle between iron-clad ships will totally would then penetrate 13.63 inches of solid wrought iron. upset a great many notions and theories prevailing at the present time, It appears, therefore, that the chances of the unarmored ship would and the inevitable consequence will then be a more or less complete re­ not be quite so hopeless as at first supposed. So far from that being modeling and rebuilding of all navies in the world, and it would not be , the case, the issue of the battle would most likely depend upon the at all surprising ifthe final r-esult would be a total discarding of all sorts most skillful commander and upon the greater steadiness, the ship pre­ of ponderous armor on vessels. It is clearly evident that all modem senting the most steady gun platform or most free from rolling and war ships, ironclads, armored, and belted cruisers, are, without a single pitching having a most decided advantage, and if this advantage should exception, huge experiments. The philosopher may well ask why is happen to be on the· side of the unarmor~d ship it would probably more it that all these vast sums, aggregating thousands of millions: have been than counterbalance the armor. It is evident, however, that the pro­ spent upon a matter involving so much uncertainty. tection obtained by a mQderate thickness of armor plates against mod.: Was there ever in all history, such a display of reckless folly? Never ! ern guns such, as most ships nowcarry, is onlyimaginary, and thus we Posterity will contelllplate with wonder and amazement this extrava­ come to the conclusion that cruisers-the principal object of which can gant and wasteful expenditure. And this, too, in ·an age of progress only be to show our flag in distant waters, protectonrmerchantships, and vaunting intelligence. It is idle to speculate upon ~hat incalcu­ if we had any to protect, and possibly to destroy those of an enemy in lable benefit might have been conferred upon mankind if this vast 4;i.mes of war-would be as effective if unarmored as if armored. On treasure had been expended upon matters of practical utility instead ' the score of economy, since the difference in cost between the two kinds of upon these studendous experiments. . of vesscJs is very great, this may be well worthy of consideration. If the Cumberland and Congress on that memorable day in Hampton But if armor of moderate thickness, such as is used by the most pow­ Roads had been armed with modern guns, the projectiles from which erful cruisers, like the English Warspite and Imperieuse, the armor.of would have crashed through the improvised iron-clad sides of the Mer­ which has ten inches maximum thickness, can not be considered to rimac as through brown wrapping paper, not only would those ill-fated afford protection even against an unarmored vessel of equal strength, ships probably be afloat tO-day, but we should in all likelihood never what quality then would be most desirable as conducive to superior­ have witnessed the enormous development of tremendous guns and iron­ ity? The answer is speed. In this direction lies the way to improve­ clad ships which has since taken place. At the period of the begin­ ment. Superior speed means substantially superior power, whether ning of our late unpleasantness the great powers of Europe were in a state for offense or defense. A difference of only a quarter of a knot between of nervous expectation, watching every movement of the Sphirix in the two ships otherwise equal gives such a decided advantage that it means Tuileries of Paris. The Empress Engenie astounded the better half victory. This quality is of so great importance that no effort should of mankind with new inventions and adornments in female attire, and be spared to gain any possible improvement in this respect. Improve­ while she was absorbed in the mazes and intrica-te tours of the lanciers, ment in that direction is of far greater importance than improvements which through her heroic efforts was made to triumph over the polka, in guns and armor, because the advantage of the former will always her crafty husband racked.his> brain with new projects and inventions XVII-iG!> 7490 CONGRESSIONAL RECORD-HOUSE: JULY 24 1

in fire-arms, cuirasses, and explosives. The e-vent of the Monitor gave cease to go hunting after foreign designs and begg:ng fordgn (Onstruct­ him the clue so eagerly sought for, and the result was tP.e Gloire, the ors to teach us how to build a navy. I am sure tba.t I retlect the feel­ first iron-clad ship ever built in Europe. This, of course, excited the ings and sentiments of the-American people when I characterize as dis· jealousy of England, and so the ball was set rolling. graceful the recent covert overtures and negotiations to this end reported It is needless to review thedevelopmentsoftht! modern navies which in the public- prints. 1s it not sufficiently humiliating to proclaim our have followed. · Every year, every month bas brought a change. New defenselessness from the house-tops? Must we otrend our national plans are started and acted u~on in rapid !iluccession, andnewshipsare pdde by a c- carry a still greater bw'den of armor, guns, engines, tained throug:horiginality, and not by imitation. An Englishman scorns and coal is limited by the draught of water at the entrance to harbors, to imitate any body under the sun. He may be flattered for a moment by but that limit is yet far off, not perhaps with the present model, as ex­ foreign, fawning imitation, but his unerring instll!ct of manhood will emplified in the largest English and other foreign ships, but with im-. breed a sovereign contempt for the individual or n~tion practicing it. proved models there is yet a wide range beyond the tonnage of the larg­ He acknowledges no superiority over the aebievements of his country, est vessel ever yet designed before the size of ships will be limited and that spirit, Mr. Chairman, has given England the lead in the march even by the depth of harborsonourcoast. Guns of 150 tons and more, of civilization. No people, sjr1 ever achieved greatness by force ofimifa­ throwing projectiles of 1! tons, are already projected, and the thickness tion. A nation must be true to itself or sink into insignificn.nce and of armor plates will no doubt k~ep time to the music, until a naval contempt. Let us be Americans at all hazards, 'for no grotesqueness to war shall happily deliver us from this terrible nightmare. which originality may lead us can be more revolting and debasingth-u,n This is a time of rapid transitions, the age of evolution in every direc­ a cowardly policy of imitation. Let us continue to be Americans. Let tion, and the most formidable iron-clad ship of to-day, may be practically us stand on our own bottom,· free and independent, and rely upon tho useless a few years hence. Common sense, sir, divested of all sophis­ genius and the skill of onr own peopJe, now as in by-gone days. try, is afterall nota bad guide, anditpointa out plainly enough that the But in order to make superiority possible it is absolutely necessary to near future, perhaps within the next few years, will witness a total rev­ take a new departure. The road leading to tremendously heavy armor olution in the building of war ships, and probably in naval architecture. and guns, in which we are far behind the European powers, and in This state of transition which, while we go on building armored ships, which it would be hopeless to attempt ever to take the lead, is not the may, a.nd• probably will, end in the actual throwing away of most, if road for us to· superiority. Bat tbero is another way, which may lead not all, of the public money hitherto spent and now proposed to be ap­ to improvements of more substantial value. It is the improved ship propriated upon the Navy, clearly points to a conservative policy on the itself. If we can improve the qualitie.s of the ship, making her supe­ part of this country as the wisest and most prudent under the circum­ rior in any of the essential qualities to what other nations have, then stances. Although we may realize the utter folly of spending large we shall have a sure and sound foundation upon which we may confi­ sums of money upon a matter of so extremely doubtful a nature as the dently expect to take the lead among nations and to build up a power­ building of vessels to-day which may be obsolete to-morrow, yet I can ful navy such as our people demand. This would only be in strict see no-way of escaping from the dilemma. keeping with our own t;-aditions, recalling the glorious era of the clip­ Thenecessitiesoftbecountrydemand anavy. Thiscountry, North, per ship thirty years ago, when we built and sailed the best and fastest Sout h, East, and West, appreciates the importance of the fact that all ships in the world, and when our flag was to be seen proudly floating the great cities on our coast, with an aggregate value of five thousand on every sea. million dollars, are at the present moment practically defense!e&; ~ainst Our great ship-builders of that day, Donald :McKay, ·webb, -and the fire of an enemy's guns. Such a state of things, which makes it others, did riot then go to England for the designs and models of their; possible for any nation possessing a ship with heavy guns to come and ships. To the very contrary, English merchants bougbt our ships for insult us with . ~mpunity, should not be permitted to exist. While it models to copy. The tables are now turned, but they may be turned lasts it is a blot upon the national honor, and as there seems to' be no again. If in deviating from the beaten track we can secure vessels of other policy left us we are thus reluctantly compelled to strike in, even a different and better model than the ordinary type, superior in speed, at this late hour, upon a road similar to that upon which the European steadiness, stability, or handines3, we shall then have secured ·advan­ powers have been traveling for the last quarter of a century. tages of permanent value, snch as will always endure whatever may be We are now building what is called unarmored cruisers and are on future inventions in armor and guns. Innumerable attempts at inno­ the point of beginning to build armored ones, and the bill from the vations and improvements have been made, but they have generally Committee on Naval Affairs now before the House contemplates, besides proved to be either the crude conceptions of persons ignorant of phys­ more cruisers, the building of two iron-clad vessels, each of.about 6, 000 ical and mathematical laws, or they have simply involved some sHght tons displacement. This, it is thought, will be the beginning, the nu­ modification in the old model. But when such innovations and im­ cleus of an efficient navy, commensurate with the power and greatness provements are proposed upon whose judgment are we to rely? This cl~p~a • is 3. legislative body. It is not composed of naval architects and scien: Mr. Chairman, I sincerely hope it may. But an indispens:1.ble condi­ tific experts. In legislating upon technical matters of U1is character tion for an early realization of this hope requires us to emancipate our­ Congress must rely upon the superior knowledge and judgmentofsome­ selves at once from European tutelage. If we are compelled by the botly. Tbat has been the in variable practice of all preceding Con- force of circumstances to build up a navy of iron-clad ships, 'although gresses since the foundation of the Government. . with the full knowledge that they may all be worthless for their in· It may be contended that we should accept the view" and recom­ tended purpose within a few yearS, or perhaps even before they have mendations of the technical corps of the Na~y as our guide and basis been completed, if we are forced to do this apparently senseless act, let of legislative action. As a humble representative on this floor I am · ns at least confine our elves to the act itself without committing the !J.Ot prepared to admit any such necessity. And here it may be perti· fatal error of simply imitating other nations, particularly Great Britain., nent to inquire what ability has this corps displayed or what bas it pro· in t he building of our ships. The copy is always worse than the origi­ duced in recent years which entitles its opinions upon this question to nal, and if we go on imitating the English or other people's vessels we the consideration and confidence of Congress? Gentlemen on this floor must, with mathematical certainty, always be behind, always remain who have such implicit faith and con-fidence in the ability of this corps in the rear instead of being in the front, which is our 1·ightful position may answer that it has produced the Dolphin. It did indeed, and I among the naval powers of the world. . · shall not in this presence utter a word which mi_ght in any respect de­ But here I would ask, Why is it that we never .hear of any but Eng­ b-act in the slightest degree from the honor or credit due to anybody who lish-built shipR as the original for our copies? Why do we never bear was concerned in or responsible for tlie production of that naval abor­ of other nations as having vessels worthy of our consideration? It is tion. England-Esgland, first and last England. But we are alone in this While the n:J.val advisory board was incubating upon 11 tho maximum abject adulation. Other nations do not blindly follow in her wake in of unarmored fighting efficiency," and ''the pure type of the lightly­ the construction of their vessels. They all have confidence in ibe armed high::-speed economically-maintained commerce destroyer,'' (their ability of their own people, and while they all must admit the fact that own words, sir,) and hatched o-qtonlya lot of hybrids of 13 to 14 knots John Bull bas a very long purse, they are nbt by any means prepared speed, unable to fi ght or run, what was transpiring among ot her naval to- accord to him superior intelligence; but to the very contrary they powers? England wn.s building five large ironclads, the Collingwood, are apt to remember that Englishmen always were, a.nd are, greatest in Rodney, Benbow, Ca.mpredown, and Howe, of lG knots speeu and a.rmed their own conceit. This abject pandering to English conceit, believe withtheheaviestguns. And two armored cruisers, the Warspiteandlm­ me, sir, is repnlsi veto American feelings. The verythou~ht of an emer­ perieuse, and six unarmored cruisers of about 3,500 tons displacement, gency which makes us dependent upon England is humiliating. the Arethusa, Leander, Pb::n~on, Amphion, Mersey, and Severn, all of 17 Does this nation of sixty million people possess les3 intelligence and knot.B speed. France was building two large ironclads a.nd several independence now than iu the past? Have we degenerated and for­ small vessels of at least 16 knots speed. Italy was building four large gotten our glorious history, or are we unworthy as successors of the ironclads of 16 knots speed, and tbree smaller vessels of from 3,000 to heroes and statesmen 'vbo achieved on• national independence? If 3,500 tons displacement, 6f 17 to 18 knota speed. Germany was build­ not, then let us cease to debal>e oursehcs betore the world. Let us ing six vessels of 16 to 18 knots speed, and Russia fou: of 16 knots. 1886. CONGltESSIONAL RECO~D-HOUSE. 7491

Thus it is .shown that while .our advisory board was ·engaged plan- bozg's pla.ns for Atlantip express steamships, and il eonsider :t.hem juRt what 1s • c: • t· · b 1 te h1 · hi _, t ll .. ,_ E requisite tO!' transatlantic.steameTS of greater speed. greater safety, and ~ea.ter mng 1 onr m enor, o so e ' wort ess s ps, w.mos .a lllle nropean comfort tO passengent than has hi~herto been gi¥en to the tra.v:eling ptibl ic. countries, and 'Brazil, Clrili, a.nd e-ven China. were building superior Yotm~, respectfully, ships of gre..1.ter speed a.ndgreaterpowerthan onrs. Can it be possible EDWAliD FARRON, that our tehnical ·corps were totally ignomat of the events transpiring Engineer and Cons:trud, 1882. adopt new methods. Their skill and enerpes have been absorbed in MY DEA-R Sms: Thede.sigu or an ocean steaiDJ hip made by Oapt. 0. G. Lund­ borg, Cor theA.tlantio Steamship Company of New York cHy. presents much carrying out a. comprehensive and huge policy of repairs. It is true we that is novel, and after a. thorongh examination and a;na,1ysis of its prioci pal feat­ have made some slight efforts to keep up with the progress of the age, by ures, its :fine lines, combined with grea.~ stability. and the C! paci.ty of the boll occasional] y sending a constructor -and engineer abroad to examine ship­ for the introduction of a. mach greater a.mountofprapelliog power than is now a.floo.t, we unhesitatingly a.ss.er~ ·herewith tbat Captain L .undborg"s ship must yards a.n:d machine-shops in the hope of accumulating .some useful prove faster, and at the same time steadier and .more profifable, than any other knowledge. The result has been that the extent and value of the vessels of similar dimensions or capacity .buil~ on the prevailing type of model, knowledge acquired by such officers has been about what would be ·and prope1led by a. single-screw propeller-wheeL Both in the abstract and detail his plans are in the h1gbest de~ree pro.ct.ical. gained of the inhabita.n~ manners, and 'Customs of a people by travel­ when viewed in the light of the well-known principles of steam n twru archi­ ing through their country on an express train at the rate of 40 miles tecture. n i beyond dispute thal ·the .maximum ~ency .of the singl&-screw propel- - . an hour. ling wheel has been already reached in sea-going steamers. More J>ropelling .A. desil!Iland model embracing improvementaoftheveryhighestim­ power, and it.•Hlonseqnent1!peed can beach ieved only by the t1se of twin screws. portance has been presented by Capt. Charles G. Lundborg, .a gentle­ and this .feature in Captaia Lun.dborg'spla.n·;ma.k.cs its superiority obvious to-tiS. 'Ve remain;l'espectfuUy, yours, man well known as one of the ablest scientifio architects .or our time. NATHANIAL.MoKAY, LikeCaptain Ericsson, a Swede bybirth, butnow.acitizenofthisconn- . OORNEJ..lUS W. :I'!icKAY, try, Captain Lundborg was .educated in the Swedi h navy, and his Nat'GI, .Arcl~ilects. record for scientific attainments from his youth is of the highest order. . (.John Elder & Co., Govn.n,Glasgow.] Having since then had great pra.ctica1 ·experience at sea in the oom­ GovAN, September 11, l880. mand of ship·, he has devoted the latter pa.rt of his life exclusively to Ds.utSm: I have looked through· your design for an Atlantic steamer of 20 science, p:utteularly to naval architecture. AB an a.nthority on that knots a.n hour. and I a.m of opinion that this speed would be obtained with the power you state, and I also believe that you would have a. very steady ship a.t subject I doubt if he has a. superior, if an equal, in the world. Captain · sea. The idea is going in the right direction, a.s I am convi need that 20 knots an Lundborg's system is the fruit of scientific research ·extended over half hour must.be the speed of.A.tla.nt.io st.ea.mers in the immediate future. a lifetime. It shows a radical deviation from the oommon vessel, but I remain, dear sir, yours, .faithfully, W.PEAROE. it is yet in every particular based upon.~onnd mathematical premises Captain Lm.-nBO]J;G. and in strict conformity with the scientilic principles, which are the PBlLA.DELPHIA, February 6,1830. fOundation of naval architecture. DEAR Sm:. In compliance with-yoln' request to submit my view~ to the Naval and . Committee upoo--6he .merits of a. v~ssel of waT, oonstructed upon the design and The principles and theories of his-system have been enmih.e

LEY and Lmm, and my friend from South Carolina, General DmBLE1 Mr. Speaker, thi.B is posith-e and reliable testimony from the bigbest and my colleague Qn the Naval Committee, Mr. Lo&E from Delaware. and best sources. It is trustworthy and valuable boon use of the \veil­ r_rbat able committee of the last House submitted a report in which I known and conceded skill nnd ability of the witnesses, and especially find the following language: · on account of their .absolute f war; a steady gun plat­ It possesses many important advant.a~es over the generally accepted models form insnres an accnrato fire, tho importa.nce of which is sufficiently of ocean steamers. Its genera.l dime nsions will secure very light dra~~~ and clear. Quickness of maneuvering, or handiness is hardly less desimhle, with fine lines, a~ shown in the model, and adequate power, great speea can 1 certainly be obtained. for reasons equally obvious. • Also, greater stability when light; less dispwUion to roll a.t sea. when loaded; N a. val men will tell you that the importance of these ad vantages can greater certainty oi answering the helm qllicldy~ large ca.rrying -capacity on a. light draught; greater safety and comfort at sea. hardly be overestimated. They nre even of greater· importance than Yours, very respectfuUy, armor and guns, for the superiority, as derived from the q ua1ities of the W. IT. WEBB. vessel itself, will not change or deteriorate, while armor and guns are Capt. 0. G. LUYDBORG, Kavat C'onslrt~ctor. liable to infinite a-nd immediate changes. But there is still another [Morgan Iron Works, foot Ninth stt·eet, E. R., ..John Roo.ch & Sons, proprietOJ:s.] point which makes the adoption of the Lundborg ship highly desirable, _ . NEWYOBX, &ptemherl8,1882. In the report submitted to the House by tile Committee on Naval Affairs D!Ult Sms: I bn ve examined the model and.:speeifie&tions of Capt. C. G.Lund- wesaywith regard tolargeiron-cladships o.f 13,000tons displacement, 7492 CONGRESSIONAL RECORD-HOUSE. JULY 24,

like the Italian Lepanto and others, that the great draught of such ships the time that these designs are about to be completed the performance would prevent them from entering any of the principal seaports of the of tbeLundborg ship, which may be built in the mean time, should United States, except San Francisco, and for that reason the commit­ cause further work upon the old vessels to be abandoned, the loss tee would not advise the building nQw of such vessels. would be limited to the salaries ofthe constructors and draugh tsmen who Itis, however, clear that unless the experience of a naval battle should had been employed upon the designs, while many million dollars would in the near future totally change the nature of the no.vies of the world be saved to the Treasury from being wasted upon inferior or obsolete the time must evidently come very soon when we must build large vessels. The cost of the cruiser of about 3,000 tons displacement upon ships, able to compete with the most powerful navies of other nations. Captain Lundborg's system would not exceed $1,200,000. This would This can not possibly be avoided. Here the ship upon Captain Lund­ not increase the appropri~tion beyond what is recommended in the bill borg's system is just what is wanted. According to all'autborities it under consideration. The amendment provides only that one of the iS admirably adapted for light draught of water. The model easily proposed cruisers shall be built on Captain 'Lundborg's design without admits of constructing ships of immense displacement, very much larger increasing the ap~opriation: than any ships hitherto built, and yet upon moderate draught, enabling Some members of the House may look upon this as an experiment, them toenterourgreatharbors. There would be no difficulty whatever and I must say for myself that until I had more fully studied the ques­ . in building a ship upon the Lundborg plan of 20,000 tons displacement tion I was inclined to be of a similar opinion. But after hearing Cap­ or more, of gOod proportions and the finest lines for high speed, on 24 tain Lundborg's testimony and explanations before the Committee on feet draught of water, or even less if necessary. Naval Affairs during the last and present Congress, in conjunction with I have only mentioned some of the great advantages of the Lundborg the testimony and unqualified indorsements of his system by the most system with respect to ships of war, as more particularly coming under eminent living authorities, and having given the subject most careful the functions of the Committee on Naval .Affairs. But I ought not, oii study and investigation, I feel now justified in declaring most em­ this occasion, to omit to say that it also possesseS many other features phatically that the term experiment, in the general acceptation of the of the highest importance of which I have not spoken, but which will word, is a misnomer when. used in connection with the building of a prove of incalculable benefit to shipping at large, to the merchant ma­ vessel upon Captain Lundborg's design, for there can be no experiment rine as well as to ships of the-Navy. Among these I will only mention in'it, none whatever. stability, or the quality of the ship which keeps her upright in the Every vessel without exception, be its shape ever so singular or fan­ water. Thousands of vessels, steamers in particular, capsize and are tastic, is amenable to certain laws, which if disregarded must cause lost at sea because, after consuming a portion of their coal, water, and failure, while, on the other hand, if these laws are not infringed upon, stores, they become top heavy, upset and are lost, in most cases with failure in the broad sense of the word is entirely out of the question. all hands. The experience of ages has proved that ilhe theoretical calculations, Sir Edward Reed, the celebrated chief constructor to the British determining the behavior of a vessel at sea-, are correct. Indeed, it admiralty, threw a vivid light upon this subject in his report as chair­ could not possibly be otherwise, since the rules for such calculations man of the board appointed to investigate the capsizing of the Daphne are derived purely from mathematical conclusions. They infallibly and Austral, two large English ships which capsized in port, one in gi>e true res-:tlts, and any fhilure which might occur can always be the Clyde and one in Sydney Harbor, Australia. Judging from this traced either to errors in the calculations, which, if rightly performed able report, published in October, 1883, there exists no more fruitful would at the outset have shown the faults in the design, or to mechan­ source of danger to navigation than want of sufficient stability in mod­ ical mistakes in the ship not having been built strictly in conformity ern ships. It is clear. therefore, that the discovery of a system of de­ with the des:ign. signing vessels so that they can not under any circumstances capsize Captain Ericsson's Monitor presented a most radical deviation from at sea would be not merely a great advantage, but a positive benefit the old type vessel, and the building of her was consequently looked - to mankind, which would entitle that inventor to a place in the front upon as an experiment by everybody, except those very few whose scien­ rank among public benefactors. tific attainments enabled them to form a just opinion. But the great This problem bas been solved in Capt..'lin Lundborg's system, for it inventor :knew that his design did not conilict with the laws of science, possesses this inestimable quality. A ship upon that plan possesses and the result did not disappoint either him or the American people. the singular, or rather wonderful, feat.ure, that it actually gains in sta­ This invention, made by a countryman of Captain Ericsson, is also based bility the lighter she becomes by the consumption of coal, stores, and upon the same immutable laws, in complete accordance with the rigid ammunition, making capsizing impossible. And I need hardly say that principles of science; and, therefore, we may safely assume that failure that great and inestimable advantage alone, even if the~ were no othm-s, is impossible. Any other conclusion would simply be a contradiction ought to insure the immediate and universal adoption of Captain Lund­ of the laws of science. The building of the bridge between New York borg's system. and Brooklyn, the Washington Monument, and all other great engi­ In view of the many potent 1-easons which I have now given, it ap­ neering works ever made, were quite as much experimental as will be pears clearly that it would be an act of eminent wisdom for Congress the building of this ship. to authorize the building of a vessel upon Captain Lundborg's design. The vessels now builcpng for our Navy are quite as much experi­ It is superfluous to say that if that vessel should fulfill eve~ only partly ments as can possibly be the building of a ship on Captain Lundborg's the claims of the inventor, and of the eminent scientists and experts plan, while the vessels proposed in the pending bill, armored and pro­ who indorse and vouch for his plans, all the vessels already built will tected cruisers, are experiments in the broadest sense of the word. be quickly superseded by others upon his system. It would therefore Captain Lundborg's system involves nothing which can not be foretold be in the direction of economy to build such a vessel as soon as possi­ with absolute certa.inty by science, correct and infallible, as proved ble, so that the result as to her performance could be ascertained before through the experience of all ages; while the rumored vessel is built spending any more money upon ships of the ordinary type. · upon conjectural theories and based upon assumptions without having There is a bill (No. 4329) introduced in the House by my colleague ever yet been brought to any reliable practical test. Yet we are ready on the Committee on Naval Affairs, Mr. LoRE, for the building of a to spend large sums of public money upon these doubtful experiments, large armored cruiser of 20 knots' speed upon Captain Lundborg's sy-s­ while the building cf a vessel on the Lundborg plan is no experiment tem. She would unquestionably be the most efficient and powerful at all. But let us take the worst possible view of the matter; ~let us cruiser in the world, a ship capable of accepting battle with heavily for a moment suppose that Captain Lundborg and all the eminent armed· ships, and ollllequaled in speed and endurance. The building scientists and experts who have indorsed his system are totally wrong­ of that ship, however, would probably. take considerable time, particu­ an a.ssumption which is simply absurd-that scien~ in short is no larly as there might be much delay on account of the armor plates, science at all, but only a heterogeneous mass of conjectures, what then which must be ordered from abroad, since we are not yet prepared to would be the actual loss under such circumstances by having built the manufacture such plates in this country. But as it is of the highest vessel? The calculation is quickly made: importance that the question should be settled with the least possi_ble The cost of a vessel of 3,'()00 tons displacement would, as before stated, delay, I would suggest the building of a smaller ship, an unarmored not exceed $1,200,000. Of this sum the engines would cost fully one­ cruiser of a bout 3, 000 tons displacement. She would, ifsuccessful, be a half, and they could always be utilized in other vessele, and so could most efficient and useful vessel, armed with powerful guns, and capable the masts and sails, the anchors, the cables-everything, in fact, which, of higher speed than any existing warship, probably exceeding 20 knots. together with the engines, would make up the greatest portion of the She would also have great endurance, carrying full sail power, enabling cost of the complete vessel; while finally the hull itself, the cost of her to keep the sea cruising under sail alone, thus saving the coal for which would only be a small fraction of the whole, could probably also emergencies when high speed was required. Such a vessel could be be used for some purpose. The actual loss would, therefore, in the built complete for service in less than a year from the signing of the worst imaginable contingency be confined to a sum considerably less contract. than one-half and probably not even one-third of the total cost of the In pursuing this course there would probably be but little or no delay vessel. One-third of $1,200,000 is four hundred thousand, which sum in the building of the proposed new ships. The four vessels author­ consequently would represent the possible loss; but this sum also in­ ized by last Congress, now more than a year ago, are not yet laid down cludes the labor. or even contracted for, the designs and specificatiQns not being com­ Let us now compare this with the risk incurred hy building the pro­ pleted; and there is but little reason to suppose that the designs of the posed armored ships. The armor of one of the 6,090-ton vessels will vessels now proposed by the Committee on Naval Affairs, if the bi~ weigh not less than 1,500 tons, and the price of such armor plates may should become a law, will be completed in less time. If, therefore, by be assumed to be about $5!)0 per ton. That of the 1\Iiantonomob cost, 1886. CONGRESSIONAL ·RECORD-HOUSE. 7493 as stated in the report of the Select Committee on Ordnance and War not to prescribe the model for the vessel, but to leave the responsibility Ships, $535 per ton. The cost of the armor plates for one of these ar­ in that matter where it-properly belongs-with the executive depart­ mored ships will therefore amount to $750,000, and for the two vessels ment of the Government. When Captain Lundborg appears before the to $1,500,000. Add to this the cost of the protective armor for the Department be will no doubt have a 1air hearing. thJ:ee cruisers, which may be assumed to cost at least $750,000, and we Mr. FINDLAY. I will ask the gentleman was not Captain Ericsson have an aggregate of $2,250,000 to be expended upon armor plates for a Swede? these vessels. The whole of this l:uge amount will actually be jeop­ Mr. HERBERT. I think it is the duty and the right of the Ameri­ ardized in a purely experimental way, liable to entire loss at any mo­ can Government to go anywhere and everywhere that the best possible ment if the experience of an actual battle, an experience w bich is now plans can be bad, and utilize all the information that can be got, come totally wanting, should prove armor on ships to be worthless, and to from where it may. Although I have mentioned the fact that this gen­ be abandoned tor something else in· keeping with new theories. tleman is a Swede I do not say that is anything in the world against him Almost every dollar expended on armor plates would then be lost, or his plans. What I say is be should go to the executive department. for the ponderous masses might perhaps not bring even the price of scrap­ We were not willing to tie the Department down by adopting a partic­ iron. The comparison as to thepossiblerisk will then take this form: ular plan. The risk on the Lundborg ship will be $400,000, while the risk on the Mr. BALLENTINE. I desire to inform the honorable gentleman proposed new ships will be two $2,250,000. But this comparison does from Alabama that Captain Lundborg is a citizen of the United States, not after all give a true conception of the case. More fairly it may be and so was Ericsson. When Captain Ericsson submitted his design to stated thus: In building a vessel on Captain Lundborg's system we in­ build the Monitor there were officers in our Navy who predicted .it cur a very remote risk of losing $400,000, with the expectation, amount­ would not float when launched, and it was only through the influence ing almost to the certainty, of gaining something of inestimable and im­ and efforts of patriotic private citizens·and e:rigencies of the times that perishable national value; while in building the proposed armored and the Monitor was built. Captain Ericsson had to breakthrough the tech­ protected cruisers we run a very great risk of losing $2,250,000 at any nical corps of the Government to get recognition and be permitted to moment, with a fancied public utility depending upon precarious con­ confer a boon on his adopted country. - ditions of continuous peace among the naval powers and the absence of But I wanted to let the gentLeman from Alabama know that this gen­ radical changes which may be expected; tleman is not a foreigner; although he was born in Sweden, he is to-day But the i.Q.credulous, skeptical, and ignorant always antagonize and a citizen of the United States. This amendment is in the interest of resist the introduction and progress of improvements in every branch the civilian naval architects of the country. If we can not find the of science and industry. To this role our no.m-progressive rulers of the necessary skill and ability in the technical corps of the Navy to build American Navy, w bether Secretaries or line officers or advisory boards, these vessels let us get the help of the civilian naval architecture of the are not an exception. They seem to oppose any and all innovations country. This amendment contemplates doing that thing; and if the with the same apprehension as they. would if a personal right was in amendment becomes a law I predict the American Navy will no longer jeopardy. When anything new is presented, no matter how meritori­ be a subject of ridicule and derision among the naval powers of the ous, they · cry out ''experiments!" "cranks!" and at once retil·e earth. within their charmed circle of obsolescence. Mr. MILLIKEN. Was not the Monitor private property? \Yas it It may be contended that we are obliged to go abroad for the skill the property of the Government when it tougbt the Merrimac? and ability to reconstruct our Navy. I am not willing to admit that Mr. BALLENTINE. I do not know. assumption. Have our executive authorities made any effort to dis­ Mr. OSBORNE. Mr. Chairman, this bill, in my judgment, is one of cover and secure the requisite skill and ability in this country, outside the most important that bas been brought to the consideration of this of the technical corps of the Navy Department? Has our Government Congress, and can not fail to attract the earnest attention of the Amer- given any encouragement or offered any inducements to develop this ~n~~ . . talent? On the contrary bas not the policy been to repel and reject all It has long been a matter of astonishment that the American Con­ advice and suggestion from outside parties, no matter how wise and im­ gress bas contemplated with such supreme indifference the dilapidated portant? Has not the Department always given encouragement and and utterly inefficient condition into which our 6nce proud navy has support to the technical corps in its suspicions and jealousies toward been allowed to fall. · When the Republic was in its infancy, and while civilian naval architects? This Government has given no encourage­ still struggling 1or its existence, no flag floated with more confidence ment or recognition to anybody, no matter of what distinction, for su­ than our starry banner, and the heroic deeds of the American Navy dur­ perior knowledge, skill, and ability. ing those years can never be recalled without emotions of ple.'\Sureand John Ericsson was tabooed and ridiculed when he :fust submitted pride. The renown of our Navy spread through the world and received his proposition to the Government to build the Monitor. There were unbounded praise. From that bi~h eminence we have suffered an ig­ some o:ffieers of our Navy who even predicted that the vessel would not nominious fall, and to-day it can hardly be claimed that we have a navy float when Jaunehed, and it was only through the influence and efforts worthy to be so called. If this Congress shall succeed in putting un­ of patriotic private citizens and the e:rigencies of the times that the der headway any plan that shall result ultimately in giving the coun­ Monitor was built. Ericsson was compelled to bre.'\k through the. ar­ try such a navy as our wants and standing demand, its work in that mor of the technical corps of the Government before he could get rec­ regard will receive the just plaudits of the nation, and will be remem­ ognition and be permitted to become a benefactor to his adopted coun­ bered with much gratitude through all coming time. try. Are we going to have another illustration of this illiberal and nar­ . The bill now under consideration, when shorn of the objections to row policy? I trust not. This amendment now under consideration which I propose tocall attention, will, in my judgment, ''promote the contemplates avoiding that. If it becomes a law, I predict that the general welfare of the American people," and if it shall become a law, American Navy will no· longer be the subject of ridicule and.derision when so amended, will :place us in the way of realizing muoh that the among the naval powers of the world. American heart desires. But if we assume this matter to be in any degree experimental, what The objections to which I allude and would strike out ofthe bill are then is the duty of Congress? In view of the testimony of eminent a.nd to be found: . skillful experts, its immense importance and value to the country if so.c­ First. In section 4 I would strike out the following: cessful, the small risk in making a practical test, then every considera­ Provided, Contracts for furnishing the same in n. reasonable time, at a reason­ tion of wise policy demands without delay the construction of a ship of able price, and of the required quantity, can be made with responsible parties; this type. It has been a well-established practice of Congress for half otherwise the Secretary of the Navy is hereby authorized to purchase the same, a century to appropriate public funds for purposes of experiments for or any portion thereof, anti to import it. both public and private benefit. The Twenty-seventh Congress, in tbe Second. In section 6 I would strike out the following: • days of strict construction of the Constitution, appropriated $30,000 Provided, That the Secretary of the Navy may buy abroad and import such shafting a~d other material or machinery as he may be unable to procure in the to test the electro-magnetic telegraph invented by Professor Morse. United States: Promdedfurther, That the Secretary of the Navy may purchase From that period to the present every Congress has appropriated public abroad only such shafting and other special materials as it may be impossible moneys for experimental objects for almost every conceivable purpose, to obtain in the United States in time for use in the construction of the ve88els and the amounts aggregate millions of dollars. Then with Preponde­ herein provided fOJ·. rating expert testimony approving, with public expediency urging, Mr. Chairman, we have all the material in our own country neces­ with the public exigencies demanding, and with abundant legislative sary to construct these vessels, and why should we go to the foreigner precedent sanctioning, and in the highest interest of economy, public to buy that which we already have? Our mechanics and ship-builders &.Yety, and national honor, wisdom, duty, and sound statesmanship, all are as intelligent and skillful as the foreigner. Why should we go to require and demand the enactment of this measure. [Applause.] him for his labor? To go abroad for anything entering into the build­ Mr. HERBERT. I hope the committee will not adopt this amend­ ing, construction, and armament of these vessels is not patriotic, it is ment. This gentleman, Mr. Lundborg, whose name appears in the not just to our own people, it is not American, and I can never consent amendment of the gentleman from Tennessee, wbo is so much opposed to do it. Whenever our people have been brought in contacli with the to taking up the inventionsofforeigners, is a Swede. Reappeared be­ cheap labor of Europe they have risen in their might and repelled it fore the committee and was heard at considerable length. We were, with just indignation. I need hardly to ask yon to remember the dis­ some of us, considerably impressed with his arguments, but the experts content aroused among the coal-workers of Pennsylvania when a few to whom we submitted the plans did not advise the building of this years ago the mining corporations threatened and in some cases actu­ vessel, and th~ Committee on Naval Affairs thought it was ·their duty ally did import contract labor to take the place of our citizens in their 7_494 CONGRESSIONAL RECORD--HOUSE. JULY 24,

mines. Nor need I, perhaps, call to your mind the degrading influ­ for repairs. I have risen on this occasion merely to call the attention ence imported Chinese labor has had upon American labor on the Pa- of the honorable chairman of the Committee on Naval Affairs to this cific coast. . · subject, and to suggest that when he brings in a bill in the future for The sections in this bill to which I object propose instead of bringing the increase of our Navy it might be well for him to 1·emember that the cheap labor of Europe here that the Secretary of the Navy shall go we have a coast on the northern lakes which needs protection as well to cheap labor in Europe with America's money and buyinpartthe8e as the seacoast, and that the people living along that northern border proposed ships of war, a. proposition I am sure the American people will pay a larger proportion of the taxes that go to maintain and keep up_ denounce as a. blow at their industries and an injustice they will be slow your Navy than is paid by those on your Atlantic coast. to forget. .M.r. HERBERT. There is nothing in this bill to :prevent the use of It is our duty to care for our own workmen without regard to what these vessels on the lakes. can be done by the pauper labor of Europe. Mr. SCOTT. Yon can not get them there. The proposition here suggested to go abroad for material and arma­ Mr. HERBERT. They can be bnilt there. ment for these war vessels is but an entering-wedge of the pernicious 1\ir. McADOO. IfthegentlemanfromPennsylvaniawill permit me doctrini3offreetrade and will not be tolerated by the freemen of America. a suggestion, the condition of things is totally altered since the war of If we have regard for the prosperity of our people we will never allow 1812. The changes in the relative population of Canada::md the United the Secretary of the ~ avy to go abroad to buy a farthing's value in ma­ States since that time make it almost impossible that we should have teria.!, labor, or armament for these vessels. - another war on that border. When the European comes to our country to make a home for himself :Mr. SCOTT. ·You can not tell about that. and his family we extend to him a hearty welcome, but our citizens are The question was taken on the amendment of Mr. BALLENTTh~ i and not willing to adopt~ policy which in any respect is more beneficial to it was agreed to-ayes 37, noes 36. the foreigner than to ourselv-es. The Clerk completed the reading of the first section of the bill. . Any measure which has a tendency to reduce the wages of labor 1\lr. BUCK. Mr. Chairman, I offer an amendmenttocome in at the should not be advocated for one moment in this House. end of the first section. I believ-e it is the patriotic duty of the Government to build our war The amendment was read, as follows: vessels and all other vessels at home, even though to do so will cost more . SEc. 9. That the Secretary of the Navy is hereby auth01·ized to contrn.ct with in wages to workmen than to go abroad. the Pneumatic Dynamite-Gun Company of New York for one dynamite-gun cruiser, as follows: Said cruiser to be not less than 230feet long, 26 feet breadth The buildingofships isa great industry and theGovernment should of beam, n feet draft, 3,200 horse-power, and guaranteed to nttain a speed of 20 encourage those engaged in it. knots an hour, and to be equjpped wit-h three pneumatic dynamite-guns of lOl­ It will be anything but pleasant for the American people to behold inch caliber, and guaranteed to throwshellscontaining20U pounds of dynamite or other high explosives nt least 1 mile, each gun to be capable of being dis­ the Secretary of the Navy of the United States in the workshops of charged once in .,wo minutes, at a price not to exceed $350,000; saiu contract to Europe making contracts to build ships of war for the American Navy. be made only on condition that there shall be a favorable report made by the Such a spectacle would hardly be creditable to the self-respect of our existing naval board on the system; to be paid for ns the work progresses, and upon the report of such board or boards of inspectors aa the Secretary of the people. Navy may for that purpose appoint, reserving SO per cent. on all such payments Permit me to illustrate how important it is to our people to foster until the whole work is completed and accepted by the &crelary of the Navy. and encourage the art of building ships. The Pneumatic Dynamite-Gun Company shn.ll furnish bonds satisfactory to the Secretal"y of the Navy for the faithful performance of its contract, and for To build a first class iron vessel costs about $550,000. Five per cent. the refunding of the money paid hereunder in case of the non-performance of only of this cost i8 for material. The balance, or 95 per cent., is for the same, and shall further agree with the Seer tary of the Navy upon a limit labor. Thi<:~ labor begins with the miner and his drill, the woodman of price which shall not be exceeded in any future contracts which the Govern­ and his ax.· It passes through many other grades and kinds of employ­ ment may desire to enter into for the purchase of the company's guns. ment and receives wages ranging from $2 a day for the laborer to $20 a Mr. BUCK. Mr. Chairman, since the original bi11 was perfected this . day paid to the skilled designer. When a ship is built in our own yards matter has been brought to the attention of the Committee on Naval all this money is kept at home. It goes to the mechanic and laboring Affairs and they have unanimously re(lOmmended that an addition be man, to the merchant and professional man. It furnishes the wages made to this bill in the precise language of the amendment which I and the profits by which our people a,re enabled to procure homes, to have offered. It was the unanimous opinion of the committee that we educate their children, and to cultivate the art$ of peace. It also repre­ ought to purchase this gun and gunboat at a costof$350,000. !tis the sents the property upon which taxes are levied and collected to support invention of Lieutena-nt Zalinski, of the United States Army, one of the Government. ' our own citizens. It is a pneumatic gun, which is guaranteed by its For one I am not wiliing to take this money, no, not one cent of it, inventor and owner t.o t.hrow a projectile of dynamite a distance of one to a foreign country and pay it to their cheap labor. It belongs to our mile; which, when at an elevation of 10 degrees, will strike a blow of own people and should be kept here. 6,500 pounds to the square inch and will of course destroy any v-essel In the name of the millions of freemen of Pennsylvania. I protest that it comes within 21 feet of. It has been experimented with for a against such a policy and earnestly hope that the objections to which I long time and is considered to be a complete success, and, as I ha.ve have referred may be stricken from the bilL said, the owner of the gun guarantees that it will accomplish this re­ I appreciate fully how important it is to plant our flag boldly and sult, and that guarantee is provided for in the amendment which I strongly upon the sea, and I am sure the day is not far in the :future have offered. when it will be there to stay. . I have offered it here because this is the proper place for it in the It is our duty to build up a navy; but it must beanA.mericannavy, original bill. It is also in the substitute which the gentleman from built in our own country by our own people and of domestic material. Alabama has under his charge, and which I understand he proposes to Then, indeed, may we begin to see the dawn of that period when our offer later; but I hope that the original bill as reported by the com­ country shall &tand forth among the nations or-the earth a beacon-light mittee will be adopted by this Committee of the Whole and by the to cheer the world, and our flag shall be recognized as an emblem of House. Of course it may not be, but if it should be, I contend that it the superior greatness and dignity of the American people. [Applause.] is important to have this provision included in it. I offer the amend­ Mr. HERBERT. Mr. Chairman, I hope we shall now have a vote. ment in good faith, and hope the gentleman from Alabama [Mr. HER­ There is nothing in the bill about foreign materials. _ BEET] will not object to it, because it can do no harm, even if it has Mr~ OSBORNE. Mr. Chairman, I withdraw my amendment. to be stricken out afterward by the adoption of the substitute. Mr. SCOTT. I move to strike out the last word. It makes the bill, as the gentleman from Pennsylvania (l\Ir. BAYNE] I propose, M:r. Chairman, to vote for this bill as it comes from the com­ suggests, that much better; and it can not possibly do any harm. If mittee. I did intend to offer an amendment to it, but I am conscious we should conclude to adopt the original bill to construct ten ships, of the fact that very few amendments offered to any bill coming from instead of five as the substitute provides, then we should want this any committee of this House ever receive much consideration here. I amendment to be in the bill. I do not know what may be the temper wish to call attention, however, to the fact that there is a large section of the House on this question. The committee as constituted by a. of our country which is equally as important in every respect as our majority of the House thought it not best to support the origin~! bill; seacoast, but for the protection of which no provision is made in this in that respect I think they made a very serious mistake. But if fol­ bill. I me..'ln our frontier upon the northern lakes. lowing our individual judgments we should decide here in Committee It was only this morning that the distinguished gentleman from Maine of the Whole to adopt the original bill, then a provision of this kind (Ur. BOUTELLE] referred to Commodore Perry's famous message, "We would be necessary. I hope therefore it will be adopted. have met the enemy and they are ours,'' and it was on the waters of Mr. BUTTERWORTH. As I understand, t~s provision simply au­ Lake Erie that the war of 1812 between the United States and Eng­ thorizes the Secretary of the Navy in his discretion to make this con­ land was settled. Yet, M:r. Chairman, the CommitteeonNavalAffairs tract? tlDd the Navy Department, while they recommend the construction of Mr. BUCK. That is all i and it is provided tha-t he shall take a bond ships for the protection of our seacoasts, make no recommendation for from the inventor and owner. . tbe protection of that great northern frontier extending for nearly Mr. BUTTERWORTH. This matter was investigated somewhat by 2,000 miles. In tbe ye..u 184.0 the Congress of the United States made our committee and was favorably considered, but we thought it best an appropriation for one war ship for our northern lakes. That ship that, if this board should be appointed, the matter should be left to has now been in commission forty-six years, and I do not think 'that them. during the whole period there bas been $10,000 expended upon her Mr. BUCK. The amendment proposes simply to app:opriate $350,- 1886. CONGRESSIONAL REOORD-HOUSE. 7495

000, to be expended for this purpose if the Secretary of the Navy deems said monitors shall be of the best obtaim\ble quality and of domestic manufaci­ ure. provided contracts for furnishing the same in a reasonable time, at!\ rea­ it proper. If this provision should becomela.wiaminclined to think it sonable price, and of the r~quired quality can be made with respotU!ib 1 parties. would revolutionize the questio_n of armament ofall warvesselsr for this invention is, in my j ndgment, a.l together the most deadly projectile ever Mr. BOUTELLE. That is provided for. discovered. It would destroy the largest ship of war afloat by throw­ Mr. FINDLAY. 'l'he part of the proviso I lea,ve in provide.:; that thtl ing a charge of 100 pounds of dynamite, which, falling within 21 feet Secretary is authorized to purchase the same, or any portio:1 the roof, of the ve&>el, would certainly sink her. or to make contmcts for furnishing the same in a reasonable time. Mr. HERBFRT. As I understand, this amendment is p1·ecisely the 1\fr. REED, of Jtfaine. Practically, how can the armor be purchased same provision that is in the substitute; is it not? except under contract? It is not kept in stock. Mr. BUCK. Precisely the same, word for word. Mr. FINDLAY. Undonbtedly not. That is true, but still at the Mr. HERBERT. I hope it will be voted down. There is noneces- same time if this section is passed with the words I have su;..

Mr. BRADY. I call for a division. A minority of the whole House, as I think, but a strong a~d determined The committee divided; and there were-ayes 28, noes 86. one, have given us a hearing on condition. As a mat~r of honor I for Mr. BRADY. No quorum. one propose to keep faith with them. Let ns start the newmwy now, The CHAIRMAN. The Chair appoints as teileiS the gentlemn.n from at any rate. Alabama [Mr. HERBERT] and the gentlem:m -from Virginia [Mr. . Mr. FELTON. Is there a navy-yard in the United States capable of BRADY]. building an iron-dad ship? Before the count was completed, Mr. McADOO. Yes, sir. :Ur. BRADY said: I withdraw the point as to a qnorn.m. Mr. FELTON. What one? So the amendment was disagreed to. Mr. McADOO. The Brooklyn navy-yard, or the navy-yard at Nor· Mr. BOUTELLE. I offer as a substitute for the fifth section what folk, or the navy-yard in the gentleman's own State. the Clerk ha8 at the desk. Mr. FELTON. I think the gentleman is mistaken. I do not think The Clerk read as follows: there is one in the United States. That the Secretary of the Nayy shall advertise for proposals nnd shall con- Mr. :UcADOO. Oh, yes; they have an excellent navy-yard at Mare tract with responsiWe parties in the United States to construct or complete at Isl d h th' k b d b tte th · 'v te d reasonable prices all or any of the ves.>els herein provided for: P1'otJ"ided, That an ' w ere lS wor ~ can e one e r an In any pn a yar · all the repairs of vessels of the Navy, so far as practicable, shall be made in the Mr. REED, of Maine. M.r. Chairman, I should like to know the olJ- navv-yards of the United States, one or more of which shall be completely ject of this section. Here is a proposition to have all these ships built equipped for the construction of modern war ships in case of exigency. in t.he Government navy-yards by workmen under Government employ. :Mr. BOUTELLE. The section of the bill for which this is proposed Now, what is the object of that? as a substitute provides that one or more of the new vessels shall be l'Ylr. HERBERT. The gentleman is mistaken. There is no such constructed and one or more of the monitors completed inoneormore proposition in the bill. The bill. fairly rend, simply indica.tes that it of the navy-yards of the United States. And it provides further if the is the intention that not more than one of these vessels shall be built Secretary shall be unable to contract with responsible parties to con- in the Government yards, but it gives the Secretary the discretion, if struct or complete at reasonable prices all or .any of these vessels he he can not get the work done at fair prices outside,· to do it all in the shall cause the same to be constructed or completed in the navy-yardtJ. navy-yards-which, however, he does not propose to do, and I have no Under the section as it stands in the bill the Secretary may, if he idea that he will do. choose, cause all of these vessels to be constructed and aU of the mon- 1\lr. MILLIKEN. But this gives him the power. itors to be completed in the navy-yards. The experience of naval con- ])ir. HERBERT. It gives him the power.. toprotect theGovernment struction has been that work in the navy-yards is very much more ex- against combinations. That is the purpose, and the sole purpose. pensive than the work which has been done outside. And in consonance Mr. REED, of l\1aine. The sole purpose? It will take pretty nearly with the principle on which I advocated the amendment discussed -a eighteen months to get up the plans, and that will bring us to a period short ,Pme ago I believe it is of the very first importance that we should when the public mind will be in such a condition that the state of things encourage the establishment of private ship-building yards in this whkh seems to be provided for here ought not to be permitted. It country upon which the Government may rely in case of exigency. seems to me that if we really want this legislation for the benefit of the It is well known that for m1),ny years the British Government have Navy we had better not ha.ve in it this provision. It is going to be lia­ • a.dopt~d the principle of having their vessels very largely .constructed ble to misconstruction either on the part of the Secretary of the Na.yY outside of the navy-yards. - or ou the part of the public, and I shauld much rather have misc.on- Mr. HEWITT. "English, you know." struction on the part of the public than on the part of the Secretary. Mr. BOUTELLE. I quoted that for the purpose of endeavoring to Mr. IIERBERT. Oh, I think there is no danger. While we under- secure for this amendment the vote of my friend from New York, as he take to build these ships, we must not lose sight of the necessity of pro- is always so fond of an English precedent. tecting the Government. In this country the experience has been, as I have said~ that the eon- l'llr. BOUTELLE. I will ask the gentleman from Alabama whether struction of vessels in private yards has cost very mncb less than in the there would not be as thorough protection secured by open competition navy-yards. My substitute provides that these vessels shall be con- between the bidders as there would be by setting np the Govemment stru.cted upon proposals from private parties; but that one or more of of the United States to compete against its own citizens? the navy-yards of the United States shall be put in complete equipment Mr. HERBERT. There is nothing wrong in setting.the Governtnent for the construction of war vessels, so that the Government may have to compete .against its own citizens if they are making combinations its own establishment in readiness, if necessary, and that the navy- against it. I trust that we shall now have a vote. yards shall be utilized as far as practicable for all the repairs required The question was taken on the amendment of ?!Ir. BouTELLE; and by the Navy. . · it was rejeeted-.n.yes 69, noes 93. I think it would be profitable for the Government not only to offer .Mr. illSCOCK. Mr. Chairman, I move t{) strike out the words ''or such encouragement as is afforded in giving the construction of these more,'' in line 2ofthissection, and also thewords"'or more,'' in line 3. vessels to the open competition of private ship-bliilders, bnt I believe It seems to me that we do not want to enter upon a new policy with that we could well afford to offer a large bonus, a large pecuniary en- reference to this matter by requiring all these vessels to be built in coumgement for the establishment of the great plants which are neces- the navy-yards, for that is what this means. sary to do this work. But it appears to me that we ought at least to Mr. HERBERT. Oh, nej not at alL I hope we shallllave a vote. afford such encouragement as is furnished in the construction of these .Mr. HISCOCK. Then if yon mean only to build up one navy-yard, few ships to the great ship-building establishments of this country, to . sa.y so. If you want to haveonenavy-yard fully equipped for the pur­ encourage them in keeping up their plant and improving it so as to po e of building or repairing vessels, this amendment of mine will not put us in a position of independence of foreign manufacturers. interfere with that. Mr. McADOO. I desire to ask the gentleman a question before he Mr. McKENNA. May I ask the gentleman from New York Uir. resumes his seat. Do you contemplate by this amendment that any HrscocK] a question? · ships shall be built in the navy-yards? Mr. HISCOCK. Certainly. l\1r. BOUTELLE. None of these. But I have provided that at the Mr. McKENNA. If there is a necessity for one navy-yard-- discretion of the Secretary one or more of the navy-yards Qf the United M.r. HISCOCK. I don't think there .is any such necessity. States shall be completely equipped for the purpose of constructing Mr. HENLEY. There is a necessity, I suppose, for contract work, ships, so that if hereafter at any time some succeeding Congress, Demo- to make men -work ten hours a day at starvation prices. erntic or Republican, shall be ij.beral enough to provide for building a ~1r. M:cKENN A. Ur. Chairman, there is a great deal said about en­ large number of vessels the Government will have facilities in its own couragin~ home industry and American labor-- [Cries of" Vote!" yards to participate in the construction. "Vote!" J I do not want to occupy time, Mr. Chairman, or to deL.'l.y .Mr. McADOO. I desire to sloy one word on this amendment. In the passage of the bill. the first place, one or two of the navy-yards, as they exist to-day, are The question being·taken on the amendment of 1\Ir. HiscoCK, it was in better condition for building or repairing vessels than any private rejected-ayes 62, noes 9-t · establishment. In the second place, considering the profit derived by The Clerk read as follows: the contractor from the Government, it is about as cheap. to build the Sxc. 6. ThRt. the engines, boilers, and machinery of all theuewvessels provided vessels in the navy-yards. In the third place, and on the authority of for by this a.ct shall be of domestic manufacture and procured by contract, un- . · h 1 · I will '-- h Is h' h less the Secretary of the NaYy shall be unable to obtain the same at fair prices, emment men m t e nava ~erv1Ce, say tuat t e vesse W lC in which Cll$e be may construct the same. or any portion thereof. in the navy- have heretofore been built or r~paired in the navy-yards have given yards of th~ United States: Provided, That the l:;ecretary of the Navy may buy more satisfaction as to the working of their machinery and the dura- abroad and import such shafting nnd other material or ma.ohinery as he may be bility of their hulls than any vessels constructed or repaired by private unable to procure in the Un1tcd. States: Provided ju.rther, That 'the 15ecretary of the Navy may purchase abroad only such shafting and other special materials parties. as it may be impossible to obtain in the United States in time for use in the con- . I hope this amendment will not prevail. The bill a.s it is now mm- struction of the vessels herein pro·dded for. ply leaves it to the discretion of the Secretary of the Navy that he ean :M:r. BUCK. Mr. Chairman, I offer an amendment which I sencl to build oue or more of these vessels in a navy-yard and the~est can be the desk. built by contract. I have no doubt from my knowledge of that gentle- The Clerk read as follows: man that in the exercise of his discretion be will not undertake to Strike out a.ll aft;er the word •• States," iu line G, to and in

Secretary of t"be Navy is authorized to buy abroad or to import such la:st section I move that the committee rise and report the bill and shafting and other material or machinery as he may be unable to pro­ amendments favorably to the House. cure in the United States. That provision would authorize him to The CHAIRMAN. The gentleman from Connecticut moves that the purchase all the materials, engines, and boilers abroad. I have sep­ committee rise and report the bill as amended. arated that from the following proviso because they are entirely differ­ Mr. HERBERT. The understanding is that in the House I shall ent. In the one at the end of the section it is only provided that the offer the substitute. Secretary may purchase such shafting and special materials as it may Mr. REED, ofMaine. Thesubstitntec:mnotbeofferedinthoHouse. be impossible for him to obtain in this country.· While I should vote Mr. HERBERT_ Oh, yes, it can. to st-rike that out also, I do not feel so strongly called upon to oppose Mr. REED, of Maine. It must be first considered in Committee of the it as to offer an amendment striking it out, but if any gentleman Whole. chooses to offer such an amendment to my amendment, I will vote for it. The CHAIR:UAN. The Chair has no conti·ol of that matter. Mr. .BOUTELLE. I will state for the information of the House that 1\Ir. REED, of Maine. I notify the gentleman from Alabama that as a matter of fact tbe language from "provided," in line 6, down to the course he indicates will be objected to. · - ''provided," in line 9, is a misprint·. · · The CHAIRMAN. . That is a matter which the present occupant of Mr. HERBERT. No; it is not. The gentleman himself iil com­ the chair can not determine.· mittee offered the last proviso as an amendmmt in addition to the The motion of Mr. BuCK was agreed to. other. The committee accordingly arose; and the Speaker having resumed Mr. BOUTELLE. The last proviso was a substitute for the other. the chair, Mr. CRISP reported that the Comn;tittee of the Whole on Mr. HERBERT. The gentleman is mistaken. the state of the Union having had under consideration the bill (H. R. Mr. BUCK. The first proviso should be struck out. 6664) to increase the naval establishment had directed him to report Mr. BOUTELLE. It is surplusage. the same back with sundry amendments. . Mr. BUCK. I think there can be no objection to striking it out. Mr. BUCK and Mr. HERBERT addressed the Chair. Mr. H~RBERT. I do not object. With that clause omitted, !pre- The SPEAKER. The gentleman from Alabama (Mr. HERnERT). sume the section will read better. Mr. REED, of Maine. I call the attention of the Chair to the fact The amendment to strike out from "U1;1ited States," in line 6: down that in Committee of the Whole the gentleman from Connecticut [Mr. to and including "United States," in line 9, was agreed to. BucK] made the motion that the committee rise and report the bill. Mr. BUCK. Mr. Chairman, for the purpose of testing the sense of The SPEAKER. But the gentleman from Alabama, as the Chair the Honse, I move to strike out the second proviso. I do not care to understands, has charge of the bill, being the chairman of the Com­ occupy time with any remarks. mittee on Naval A.ftairs, and having reported the bill from that com­ The CHAIRUAN. The Clerk will read the clause proposed to be mittee. struck out. Mr. REED, of Maine. He did not seem to have much charge of it. The Clei·k read as follows: Mr. BOUTELLE. I desire to make a parliamentary .inquiry. • Provided further, That the Secretary of the Navy may purchase abroad only Mr. HERBEH.T. I do not yield the floor. • such shafting and other special materials as it may be impossible to obtain in The SPEAKER. The gentleman from :Maine [Mr. BOUTELLE] will t-he United States in time for use in the construction of the vessels herein pro· state his parliamentary inquiry. - vided for. · Mr. BOUTELLE. At the conclusion of the reading of the bill by Mr. HERBERT. We can not get along without that provision. sections in Committee of the Whole the gentleman from Connecticut The amendme~t was not agreed to. [Mr. BucK] moved that the committee rise and report the bill and '.rhe Clerk read as follows: amendments favorably to the House; and upon that motion the com- SEc. 7. That the Secretary of the Navy shall not contract for the construction mittee did rise and so report. Does not that give the gentleman from or completion of any of said vessels, or of their engines, machinery, or boilers, Connecticut the right to control the disposition of the bill? until dra.wingsa.ndspecificationsofthesa.mesball have been provided or adopted The SPEAKE.U. ·The Chair thinks not. The gentleman from Ala­ by him i and after said drawings and specifications shall have been provided, bama, as chairman of the Committee on Naval Affairs, reported the adoptea, and approved as aforesaid, and work shall have been commenced on any contract made therefor, such p1ans and specifica.tions shall not be changed bill to-the House from that committee and has had charge of it; and until in an¥ respect when the cost of such change in the execution of the work ex- there is some ad verse vote of the House, some vote indicating that the ceeds $500, except upon the written order of the .Secretary or acting &-cretary 1 d h · f h H of the Navy; and if changes are thus made, the actual cost thereof and the gent eman oes not represent t e sentiment o t e ouse on this ques- damage caused tht>reby shall be ascertained, estimated, and determined by a tion, he must, according to all the practice heretofore prevailing, be board of naval officers to be provided for in the contract; and in any contract recognized to control the bill. made pursuant to this act it shall be provided in the terms thereof that the con- M BOUTELL r;-. I 1 k d Ji • fc tractor shall be bound by the determination of said board, or a majority thereof, r. ~.:~. mere Y as e or IU ormation. as to the amount of increased or diminished compensation said contractor shall lli. HERBERT. I offer a substitute for the bill and amendments be· entitled to recei>e, if any, in consequence of such change or changes. In reported from the Committee of the Whole House on the state of the every contract to be made under this act there shall be prescribed a period U · d h I d d h · · within which the work provided for in said contract, or specified portions n10n, an t en eman t e preVIOUS question. . thereof, shaH be completed, and the completion of snch work within the periods Mr. BUCK. Does the gentleman demand the previous question? prescribed shall be insured by penal provisions. For the constTUction or com- Mr. HERBERT. I do. p1etion of such vessels hereinbefore providPd for as the Secretary of the Navy :?vir. BUCK. I hope it will be voted down. shall propose to have constructed or completed by contract, as well as also for the engines. boilers, and machinery hereinbefore provided for, he shall invite Mr. HERBERT. We ha.ve to do something of that kind in order to proposals from every American ship-builder and other person who shall show get to a vote. to the sa.tisfaction.of the Secretary of the Navy that within three months from :Mr. .BUCK. The gentleman has provisions in that substitute 1ior the "the date of the contract he will be possessed of the necessary plant for the per- formance of the work in the United States which he shall offer to undertake, and purchase of the armor abroad in case the Secretary can not contract for such contract shall be let to the lowestand best responsible bidder or bidders, after it within a reasonable time in this conn try. at least sixty days' advertisement, published in five leading papers in the United The SPEAKER. The substitute is offered in the House, but the States, inviting proposals for the work proposed, which work shall be subject to all such rules, regulations, superintendence by naval officers during con- amendments reported by the Committee of the Whole House on the strucLion, and. provisions as to bonds and security for the quality and due com- state of the Union to the original bill must first be disposed of. pletion ofthe· work as the Secretary of the Navy shall prescribe; and no vessel, Mr. REED, of Maine. But the substitute has never be.en in the Com. boiler, engine, machinery, or portion thereof shall be accepted unless completed in strict. conformity with the contract; and the authority given hereby shall mit tee of the Whole. • take effect at once. The Secretary of the Navy shall have-the power to reject The SPEAKER. It will be read. any or all bids made under the provisions of this act. . Mr. RANDALL. That substitute is in the nature of an amendment Mr. EVERHART. I move to amend by inserting after the word permissible in the House to the original bill. "same," in line 4, the words "by citizens of the United States," so The SPEAKER. If an amendment to the bill-- as to read, ''until drawings and specifications of the same by citizens of Mr. RANDALL. It is. the United States shall have been provided or a-dopted by him.'' The SPEAKER. And contains any provisions not considered in the The amendment was not agreed to, there being-ayes16, noes 77. Committee of the Whole Honse on the state of the Union the Chair will Mr. BOUTELLE. I desire to inquire whether there is any provis- decide it must be read. ion of general law which will secure the proper distribution of the ad- Ur. FINDLAY. As I understand the Chair, the ame1,1dments to the vertisements which this section provides shall be "published in five original text must first be voted upon. . leading newspapers of the United States." Of course the newspapers ltlr. REED, of Maine. It contains provisions which the Committee selected should not be confined to one or two cities. of the Whole have stricken out of the original bill. Mr. HERBERT. I do not know whether there is any general law The SPEAKER. Still the House can overrule the Committee of the on the subject; but this provision is copied from pre.vions bills. Whole, and does it frequently, and refuses to agree to amendments the Mr. BOUTELLE. Of course the newspapers selected ought to be committee incorporated and agree to amendments it has not incorpo- published in different parts of the United States. rated; but the substitute must be read. Mr. HERBERT. That matter will of course be looked after by the Mr. RANDALL. Tlte previous question bas been demanded. Department. Mr. REED, of Maine. We want it read. Mr. BOUTELLE. Well, we will trust the S~cretary of the Navy. . The SPEAKER. It must be read before the vote is taken. The The Clerk resumed and concluded the reading 1of the bill. IHouse may not want to mder the previous question until it has heard Mr. HUCK. If no gentleiDJUl desires to offer any amendment to the it read. 1886. CONGRESSIONAL RECORD-HOUSE. 7501

M:r. HERBERT. I ask for the previous question. 10} inch caliber, and"guaranteed to throw shells containing 200 pounds of dyna­ mite or other high explosives at least 1 mile, each gun to be capable of being dis­ The SPEAKER. Bnt the amendment must be read. The ordering charged once in two miuutes, at a. price not to exceed $350,000; said contract of the previous question is the consideration of a matter-- to be made only on condition that there shall be a. favorable report made by the Mr. BUCK. Will the gentleman from Alabama allow me to ask him existing Naval Board on the system; to be paid for as the work progresses, and upon the report of such board or boards of inspectors f\8 the Secretary of the­ this question? Isthesubstitnte he offers precisely like the paper which Navy may for that purpose api>Qint, reserving 30 percent. ona.ll such payments has been distributed and placed upon the desks of members'? until the work is completed and accepted by the Secretary of the Navy. Mr. HERBERT. It is precisely the same, having only the word "Tile Pneumatic Dynamite-Gun Company shall furnish bonds satisfactory to the Secretary of the Navy for the faithful performance of its contract, and for "thereunder)) instead of "hereunder," which is a mistake. the refunding of the 'money paid thereunder in case of the non-performance of The SPEAKER. The substitute will be read. the same, and shall further agree with the Secretary of the Navy upon alimitof The Clerk read as follows: price which shall not be exceeded in any future contracts which the Government may desire to enter into for the purchase of the company's guns. Strike out all after theenactingclauseand in lieu thereofinsertthe following­ "SEC.10. That toward the construction and completion of the vessels herein­ " That the President is hereby authorized to have constructed, as hereinafte r before mentioned, including the vessel and guns mentioned in section 9, the provided- sum of $2,500,000 is hereby appropriated, of which not more than $75,000 may be expended in manufacturing, purchasing, and experimenting with torpedoes of " First·. Two sear going douhie-bottomed armored vessels of a.bout6,000 tons dis­ domestic ma.nufa.ctw·e, and not exceeding $150,000 may be expended, under the placement, designed for a. speed of atieast 16 knots an hour, with engines having direction of the Secretary of the Navy, in improving the plant of such of the all necessary appliances for working under forced draught, and costing, includ­ navy-yards as he may select. • , ing engines and machinery and excluding armament, not more than $2,500,000 "Amount appropriated by this bill, $3,500,000." each. Said vessels shall have each a complete torpedo outfit and be armed in the most effective manner. M1·. McKENNA. I ask by unanimous consent to dispense with the "Second. One protected double-bottomed cruiser or not less than 3,500 nor more than 5,000 tons displacement, designed to have the highest practicable speed and reading of the substitute, as we all know what it is. furnished with the best type of modern engines, furnished with necessary ap­ Mr. BRECKINRIDGE, of Arkansas. I object. pliances for working under forced draught. Said vessel shall cost, including The previous question was ordered. engines and machinery and excluding armament, not exceeding $1,500,000. "'.rhird. One first-class torpedo-boat, costing in the aggregate not more than The question recurred on the following amendment of the Commit­ $100,000. tee of the Whole House on the state of the Union. "SEC. 2. That the vessels hereinbefore authorized to be constructed shall be Strike out in section 1 the following: built of steel of domestic manufacture, having a tensile strength of not less than 60,000 pounds per square inch, and an elongation in 8 inches of not less than 25 Second. Three protected double-bottomed cruisers of not less than 3,500 nor percent. more than 5,000 tons displacement, with the best type of modern engines, fur­ "SEC. 3. That the President is hereby authorized to direct the completion, as nished with necessary appliances for working under forced draught, said cruis­ hereinafter provided, of the double-turreted monitors Puritan, Amphitrite, Mo­ ers designed to have the highest practicable speed. No one of said vessels shall n adnock, and Terror, at a. total cost, exclusive of armament, not to exceed S3,178,- cost, including engines and machinery and excluding armament, exceeding 046. $1,500,000,and the cost of the three vessels, including engines and machinery, "SEC. 4. That the armor used in constructing said armored vessels and for com­ shall not exceed 84,000,000. Two of said cruisers shall be provided with spars pleting said mor;.itors shall be of the best obtainable quality and of domestic and rigging to spread at least two-thirds of full sail-power: Prwided, however, manufacture, provided contracts for furnishing the same in a. reasonable time, That said spars shall be easily removable in case of need. The other of said at a. reasonable price, and of the required quality can be made with responsi­ cruisers shall be required to have only military masts, but shall be so con­ ble parties; otherwise the Secretary of the Navy is hereby authorized to pur­ structed that masts and spars may be readily inserted sufficient to carry at chase the same, or any portion thereof, and import it. Such armor shaH be least two-thirds of full sail-power. Toward the construction of said cruisers accepted only after passing such tests as shall be prescribed by the Secretary of the sum of $1,100,000 is hereby appropriated. Said cruisers shall be armed in the Navy and inserted in the contra<'ts. the most effective manner. •• SEc. 5. That the Secretary of the Navy shall cause one or more of the new vessels hereinbefore provided for to be constructed and one or more of the said And in lieu thereof insert the following as a substitute therefor: monilors to be completed in one or mpre of the navy-yards of the United States; One cruiser of not less than 2,500 nor more than 3,500 tons displacement; said and if he shall be unable to contract with responsible parties to construct or com­ cruiser to be constructed upon designs, plans, and specifications furnished by plete. at reasonable prices, all or any of the vessels hereinbefore provided for, he Charles G. Lundborg, of New York, and under his supervision and direction. shall cause the same to be constructed or completed in such of the navy-yards of The said vessel shall have the highest practicable speed (not less than 20 knots the United States as maybe best adapted thereto. per hour), full sail-power, and an armament, as hea.VY as may be compatible ''SEC. 6. 'l'hat the engines, boilers, and machinery of all the new vessels pro­ with the foregoing conditions. The cost of said vessel, including eJJlJines and vided for by this act shall be of domestic manufacture and procured by contract, machinery.- and exclusive of armru;nent, shall not exceed the sum of <~>1.200,000, unless the Secretary of the Navy shall be unable to obtain t:._e same at fair prices, which sum, or so much thereof as may be necessary, is hereby appropriated. in which case he may construct the same, or any portion thereof, in the navy­ yards of the United States: Prw ided, That the Secretary of the Navy may buy The amendment was disagreed to. abroad and import such shafting and· other material or machinery as he may be Mr. BALLENTINE. I ask for a division on that amendment. unable to procure in the United States: Providedfttrlher, That the Secretary of the Navy may purchase abroad only such shafting and other special materials The SPEAKER. The Chair has announced· the result. Does any as it may be impossible to obtain in the United States in time for use in the con­ gentleman ask ior a separate vote on the amendments of the Committee struction of the vessels herein provided for. of the Whole Honse on the state of the Union? If not, they will be "SEC. 7. That the Secretary of the Navy shall not contract for the construction or completion of any of said vessels, or of their engines, machinery or boilers, voted on in gross. until drawings and specifications of the same shall have been provided or No separate vote was asked. adopted by him; and after said drawings and specifications shall have been The question recurred on the amendments of the Committee of the provided, adopted, and approved as aforesaid, and work shall have been com­ menced on any contract made therefor, such plans and specifications shall not Whole Honse on the state of the Union. be changed in any respect when the cost of such change in the execution of the The House divided; and there were-ayes 73, noes 77. work exceeds $500, except upon the written order of the Secretary or acting :Mr. BOUTELLE demanded the yeas and nays. S ecretary of the Navy; and ir changes are thus made, the actual cost thereof and the damage caused thereby shall be ascertained, estimated, and determined by The question was taken; and it was decided in the negative---yens n. board of naval officers to be provided for in the cont1-act; and in any contract 108, nays 111, not voting 103; as follows: made pursuant to _this act it shall be provided in the terms thereof that the con­ tractor shall be bound by the determination of said board, or a. majority thereof, YEA.S-108. as to the amount of increased or diminished compensation said contractor shall Adams, G. E. Felton, Little, Rockwell, be entitled to receive, if any, in consequence of such change or changes. · In Anderson, J. A. Findlay, I..ong, Romeis, every contract to be made under this act there shall be prescribed a period Ballentine, Fleeger, Lovering, Ryan, within which the work pro·\ided for in said contract, or specified portion thereof, Bayne, Fuller, J .. yman, Sawyer, shall be completed, and the completion of such work within the periods pre­ Bingham, Gallinger, Mahoney, Scranton, scribed shall be insured by penal provisions. For the construction or comple­ Bound, Gay, J\1arkham, Sessions, tion of such vessels hereinbefore provided for as the Secretary of the Na.vysball Boutelle, Green, R. S. l\1cKenna, Spooner, propose to have constructed or completed by contract, as w~ll as also for the Brady, Grosvenor, ·J J\:£erriman, Stahlnecker, engines, boilers, and machinery hereinbefore provided for, he shall invite pro­ Browne, T. M. Grout, ~ Millard, ' Stephenson, posals from every American ship-builder and other person who shall show to Brown, C. E. Harmer, :lflilliken, Stewart, J. W. the satisfaction of the Secretary of the Navy tha~ within three months from the Brown, W. \V. Hayden, ; Moffatt, Stone, E. F. date of the contract he will be possessed of the necessary plant for the perform­ Buck, Henderson, D. D. Morrill, Strait, ance of the work in the United States which he shall offer to undertake, and such Bunnell, lien ley, Morrow, Struble, contract shrU be let to the lowest and best responsible bidrler or bidders, after Burleigh, Hepburn, Negley, Swinburne, at least sixty days' advertisement, published in five leading papers of the United Burrows, Hiestand, Nelson, Symes, States, inviting proposals for the work proposed, which work shall be subject Butterworth, Hiscock, O'Neill, J. J. Taylor, I. H. to all such rules, regulations, superintendence by naval officers during construc­ Campbell, Felix Hilt,. Osborne, Taylor, Zach. tion, and provisions as to bonds and security for the quality and due comple­ (',onger, Holmes, Parker, Thomas, 0. B. tion of the work as the Secretary of the Navy shall prescribe; and no vessel, Curtin, Jackson, Payne, '.rhompson, boiler1 engine, machinery, or portion thereof shall be accepted unless completed Cutcheon, James, Payson, Tillman, in stnct conformity with the contract; a.nd tlle authority given hereby shall Davis, Johnston, J. T. Perkins, Wade, take e1fect at once. The Secretary of the Navy shall have the power to reject Dingley, Kelley, Pettibone, Warner,A.J. any or all bids made under the provisions of this act. Dunham, Ketcham, Pirce, 'Varner, Willil.m •·SEC. 8. Thl.l.t the sum of $1,000,000 is hereby appropriated toward the arma­ Ely, J.. a Follette, Plumb, Weaver,J.B. ment of the vessels authorized by the act of March 3,1885, of the vessels author- Evans, Lawler, Price, Weber, . ized by section 1 of this act, and of the unfinished monitors hereinbefore men­ Everhart, Lehlbach, Reed, T.B. White, Milo tioned, and of the Mia.nta.nomoh; and the Secretary of the Navy is hereby Farquhar, Lindsley, Rice, Woodburn. authorized to direct the application of such portions of this sum as may be neces­ sary to the manufacture or purchase of such tools and machinery or the erection NAYS-111. of such structures as may be required for use in the manufacture of such arma­ Allen, J. M. Burnes, Cowles, Dougherty, ment, or any part thereof: Prottided, That the Secretary of the Navy may con­ Barnes, Bynum, Cox, Dunn, tract with domestic manufacturers for the .construction of such portion of the Barry, Caldwell, Crisp, Eden, heavy guns herein provided for as may not be built by the Government. Belmont, Candler, Croxton, Eldredge, "SEC. 9. That the Secretary of the Navy is hereby authorized to contract with Bennett, Carleton, Culberson, Ermentrout, the Pneumatic Dynamite-Gun Company of New York for one dynamite-gun Blount, Clardy, Dargan, Fisher, cruiser, as foilow: Said cruiser to be not less than 230 feet long, 26 feet breadth Boyle, Clements, Davidson, A. C. Foran, of beam, 7t feet draught, 3,200 horse-p~J~Wer, and guaranteed to attain a speed of Breckinridge, C. R. Cobb, Davidson, R.: H. M. Ford, 20knots an hour, and to be equipped with three pneumatic dynamite-guns of Breckinridge,WCP. Comstock, Dockery, Forney, I

7502 CONGRESSIONAL RECORD-HOUSE. - JULY 24,

Frederick. King, Outhwaite,· Stone, W.J., Mo. Ur. T. J. CAMPBELL with 1\Ir. -GuENTHE&, ·for this day. Gibson. C. H. Kleiner, Peel, Storm, Glass. Laffoon, Perry, Swope, Mr. ·WARD, of Illinois, with Mr. HOPKINS, fo:r this day. Green. W.J. Landes, Pindar, TaJ'Slley, Mr. BLANCHARD with Mr. PETERS, for t nis day. Hale. Lanham, .Randall.. Taulbee, Mr. LoWRY with Mr. McCOMAS, for this day. Hall. LeFene, · Reagan. Townshend, Halsell, Lore, Reid, J. W. Tuck.er, The result of the vote was then announced as above recorded. Hatch, Martin, Richardson, •.rurner, The SPEAKER. The question now is upon agreeing t{) the ~ubsti· Hemphill, McCreary, Sadler, Van Eaton, 'tute proposed by the gentleman from Alabama. Henderson, J. S. Mcl\Ullin, Sayers, Viele, Herbert, McRae, Scott, •Wellbm;n, Mr. HERBERT. I ask unanimous consent that the hour for adjourn- Hewitt, Mills, . Seymour. Wheeler, ment to-day be extended until this bill is disposed of. Rill Mitchell, Singleton, Wilk.ins, ltlr. HOLMAN. There is an evening session, I believe-­ Hol~an, Morgan, S!rinn61', "\V"Llson, Hudd, Morrison, Snyder, Wlnans. Mr. ELY. I object. Irion, Neal, Sowden, Wise, The question being taken on the adoption of the substitute, there Johnston, T.D. Neece, Springer, Wolford, were on a di vision-ayPs 82, noes 70. · Joncs,J. fl. Norwood, Stewart, Charle3 Worthington. Jones,J.T. Oates, Stone, W.J., Ky. Mr. BOUTELLE. Let us have the yeas and nays. The yeas and nays were ordered. NOT VOl'ING-103. Mr. HERBERT. It is manifest that we can not get through with Adams, J. J. Crain, · Hutton, Rogers, this bill to-day unless we get an extension of the time. I therefore re­ Aik.en. Daniel, Johnson, F. A. Rowell, Allen, C. H. Davenport, Laird, Seney, new the request for unanimous consent. Anderson, C. M. Dawson, Libbey, Shaw, Mr. NEGLEY. I object. Arnot, Dibble, Louttit, Smalls, Mr. BOUTELLE. I do not think that anybody on this side will Atkinson, Dorsey, Lowry, Spriggs, Baker, Dowdney, Matson, Steele, object. Barbour, Ellsberry, Maybury, St.MartJo, Air. MORRISON. I ask unanimous consent to submit a resolution Bark dale, Fun ton, McAdoo, Taylor, E. B. under instructions from the Committee on Rules. Beach, Geddea, McCom.as, To.ylor, J. M:. Blanchard, Gib on, Eustace McKinley, Thomas, J. R. M.r. HERBERT. I shall object to anything until this bill is dis­ Bland, Gilfillan, Miller, Throckmorton, posed of, unless we can extend the time. Bliss, Glover, Muller, Trigg, l\1r. NEGLEY. ·I withdraw my objection. .Bragg, Goff, Murphy, Van ticha.ick:, Brumm, Guenther, O'Donnell; Wadsworth,• Mr. BUCK. I rise to a parliamentary inquiry. I wish to 3-Sk Buchanan, Hammond, 0' fl'errall, W~it, .. -whether if we vote down this snbstitute'we still havo a vote upon the Cabell, Hanback, O'Hara., Wakefield, original, or if we vote for the substitute will we have another vote Campbell, J. E. Harris, O'Neill, Charles Wallace, Campbell, J. M. Haynes, Owen, Ward.J.H. upon the original bill? · Campbell, T. J. Heard, PeLers, Wa.rd,T.B. The SPEAKER. If the Honse agrees to the substitute that would Cannon, Henderson, T. J. Phelps, Weaver, A.J. take the place of the original bill. and the question would then be upon Caswell, Hermann, Pi~cock, West, Catchings, Hires, Rltnney, White, A. C. ordering its engro ment and third reading. Collins, Hopkins, Reese, Whiting, Mr. BUCK That will be a final vote? Compton, Houk, Riggs, Willis. The SPEAKER. It is a final vote as between the two propositions. Cooper, Howard, Robertson, It does not dispo e of the bill finally, but as between the two measures. So the amendments were rejected. The suhstitute will then be before the House. Mr. HERBERT. I ask unanimous consent to dispense with the read- Mr. HERBERT. I understand the objection has been withdrawn. ing of the names. Mr. COBB. I o~jeet. :Mr. REED, of Maine. This is a very close vote; let them be read. Mr. GROSVENOR. I rise to a parliamentary inquiry. The Cle.rk then recapitulated the names of those voting. Mr. BOUTELLE. The objeCtion made by thegentleman from 1.1as­ 1\Ir. BURROWS. I was paired with the gentleman from Virginia, sachusetts to the reqnest of the gentleman from Alabama has been with· Mr. WISE, this afternoon, and was present in the Hall when my name drawn. was called, but refrained from voting, believing the pair to be still in l\Ir. ELY. I withdraw the objection. force. I understand that Mr. WISE has voted, and I ask to record my ~.rhe SPEAKER. But the gentleman from Indiana objected. vote. Mr. MORRISON. I again ask unanimous consent to submit this The SPEAKER. The gentleman's name will be called. re olution. The following gentlemen were announced as paired until further There was no objection. notice: ' EVENING SESSION ON LAND-GRANT FO&FE.q.'URES. Mr. McKINLEY with Mr. MILLS. Ur. MORRISOK I now submit a resolution under instructions Mr. HAMMOND with 'Mr. O'DONNELL. from the Committee on Rules. 1\Ir. SENEY with Mr. SYMES. The Clerk read as foliows: Mr. HERBERT. I ask unanimous consent t-o dispense with the · Resolved, That on this Sa.turda.yevening, tho 24thdayof July, the House shall further reading of the pairs. take a. recess at 5 o'clock until.So'clock p.m., the evening session to be devoted Mr. BOUTELLE. I object. exclusively to t.he consideration of such bills forfeiting u nea.roed land grants to The Clerk resumed the reading cf the -pairs as follows: railroads as may be presented by the Committee on the Publ io La n.ds. That the evening session herein provided for sha.ll not continuo later than 11 o'clock: Mr. ANDERSON, of Ohio, with Mr. HANBACK. p.m. Mr. ADAMS, of New York, with Mr. WEST. The resolution was adopted. Mr. ROGERS with Mr. EzRA B. TAYLOR. Mr. 1\IORRISO~ moved to reconsider the ote by which the resolu­ Mr. BARBOUR with Mr. LIBBEY. tion was adopt-ed; and al5o moved that the motion to reconsider bo la-id Mr. THROCKMORTON with Mr. W ADSWORTII, on the table. · ~- MILLER with Mr. HOUK. The latter motion was agreed to. Mr. DOWDNEY with 1\Ir. O'HARA. :Mr. DANIEL with Mr. WHITING. INCB.EASE OF NAVAL ESTABLISHMENT. Mr. ROBERTSON wHh Mr. STEELE. 1\lr. HERBERT. I now renew my request for unanimous consent. Mr. RIGGS with Mr. PHELPS. The SPEAKER. Is there objection to the request of the gentleman Mr. ARNOT with Mr. THOMAS, of Illinois. from Alab:.1ma to extend the time for the recess until the completion Mr. SPRIGGS with Mr. OWEN. of th!s bill ? Mr. DAWSON with Mr. RANNEY. There was no objection, and it was so ordered. :Mr. BLAND with Mr. VAN SCHAIOK. Mr. GROSVENOR. I now wish to ask a ~arliamentary question, Mr. BARKSDALE with Mr. DAVENPORT. whether if the substitute is adopted it will be liable to the point of or­ Mr. BRAGG with Mr. CASWELL. der that it must go to the Committee of the Whole. Mr. GLASS with Mr. SWINBURNE. The SPEAKER. It is too late. to make the point of order. It has Mr. MURPHY with Mr. LOU'ITIT, on this volie. been considered by the Hou e, the previous question having been or­ Mr. WARD, of Indiana, with Mr. ALLEN, of 1\Iassa.chusetts, for this dered, and the yeas and nays ordered npon ita adoptio:t;1. day. Mr. BOUTELLE. In the interest of forwarding legislation I de ire Mr. CAl\IPBELL, of Ohio, with Mr. O'NEILL, of Pennsylvania, for to ask the chairman of the Committee on Naval Affairs whether he will . this day. - not consent to accept as an amendment to the original bill the prop­ Mr. GIBSOY, of West Virginia, with Mr. CANNON, for this day. osition submitted by me and adopted in Committee of the Wholo, pro­ 1\'Ir. SnA W with Mr. GOFF, f<_>r this day. viding tor the purchase of the armor in this country, as I am confident Mr. PIDCOCK with Mr. ATKINSON, for this day. be will thereby secure the solid support of this side of the Honse for the Mr. WILI.IS with Mr. HENDERSON, of Illinois, for this day. original bill ofthe committee. . Mr. CABELL with Mr. C.A!liPBELL, of Pennsylvania, for this day. Mr. HERBERT. I have not got authority to make any such agree­ l'lir. MULLER with 1\:lr. WAlT, for this day. ment. Mr. W ALLAC with Mr. WAKEFIELD, tor this day. Mr. BOUTELLE. I believe you can pass your original bill ti you Mr. O'FER&ALL with Mr. LAmD, for this day. accept that amendment.

j 1886. CONGRESSIONAL RECORD-HOUSE. 7503

Mr. HERBERT. The question must b6 passed upon by the House. The bill as amended was ordered to b6 engrossed and read a third The question was taken on the substitute; and there were-yeas time; and bein~ engrossed, it was accordingly read the third time. 118, nays 103, not voting 101; as ~llows: Mr. HERBERT. I demand the previous question on thl! passage of the bill. · YEA.s-us. The previous question was ordered. Allen, J. M. Eden, Landes, Seymour; Barnes, Eldredge, Lanham, Singleton, "The SPEAKER. The question is, Shall the bill pass? Barry, Erment,rout, LeFevre, Skinner, Mr. HOLMAN. Upon that qll.estion I de:naud the yeas and nays. Belmont, Fisher, Lore, Sowden, The yeas and nays were not ordered, only 6 members voting therefor. Bennett, Ford, Lowry, Springer, Blount, Forney, Martin, StewMt. Charles Tho bill was passed. Boyle. Frederick, McAdoo, St. Martin, 1.1r. HERBEH.T moved to reconsider the vote by which the bill was Breckinridge, 0. R. Gibwn, 0. H. McCreary, Stone, W.J.,Ky. passed; and also moved that the motion to reconsider be laid on the Breckinridge,WCP.Glass, MoMillin, Stone, ,V, J., Mo. Burnes, Green, W. J. MoRae, Storm, table. Bynum, Hale, Mitchell, Swope, The latter motion was agreed to. Caldwell, Hall, Morgan. Ta.rsney, 1\Ir. HERBERT. Some gentlemen deaire leave to print some re· Candler, Halsell, 1\-lorr~ on, Taulbee, Carletated in accortiance with Buchanan, Haynes, Peters, Warner, William the map filed by said NewOrlea.n"• Baton Rouge and Vicksburg Railroa d Com­ Burleigh, . Heard, Phelps, Weaver,A.J. pany in the Department of the Interior, which indicates the established line of Burrows, Henderson. T. J. Pidcock, · Wellborn, said I'ailroa.d. Cabell, Hermann, Ranney, West;, SEC. 3. Tbattherelinquisbmentofthelandsand tbe<>onfirmat.ion ofthegra.nli Campbell, J. !tL Hires, Reeae, White, A. C. provided for in the second section of this act are made and shall take effect Campbell,J.E. Hopkins, Riggs, White, Milo whenever the Secretary of the Interior.is notified tha' said New Orleans Pacific Campbell, T. J. Houk, Robertson, Whiting, Railroad Company, through the action of a majority of its stockholders, has ac­ Cannon, Howard, Rogers, Willis, cepted the provisions of this act, and is satisfied that said company bas accepted Caswell, Johnson, F . .A. Rowell, Wise. and fully discharged all the duties and obligations imposed upon the New Catchings, Laird, Seney, Orleans, Baton Rouge and Vicksburg Railroad Company by the act of March 3. Collins, Libbey, Shaw, 187l.entitled ".An act to incorporate the Texas Pacific Railroad Company and to Compton, Little, ~?malls; aid in the construction of its road, and for other purposes." SEC. 4. That it shall be the du~y of the Secretary of the I nterior, in issuing So the substitute was adopted. . patents for the lands conveyed herein, to establish such rules and regulations as 1.1r. LORE. I ask unanimous consent that the reading of the names to enable all persons who on the 1st day of December,lRSJ., were in the actual occupancy of any of the lands to which the New Orleans Pacific Railroad Com­ be dispensed with. pany is entitled under the provisions of this act. and who are of thedescri'J)tion There was no objection. of persons entitled to make homestead or pr~emption entry on public lands M.r. BURROWS. The gentleman from Virginia [Mr. WISE] desired under the general laws of the United Sto.tes, to secure titles to the lands so held by them, not to exceed in quantity one quarter-section and not le s than on&­ me to state that if present he would vote "ay;" I would vote ''no." sixteenth of a section, on the payment to said company, in lawful money of the The following additional pairs were announced: United States, at the rate of$~ per acre, for the lands so occupied, at one-third Mr. WISE' with Mr. BURROWS, for the remainder of the day. · cash-nnd ~ce in such equal annual installments as the Secretary of the In­ terior shaH by regulations prescribe; it being the intention of this section to pro· Mr. SNYDER with Mr. McCoMAS, for the remainder of the day. teet the settlers upon said lands, and to give binding force and effect to the !.Ir. CoLLINS with Mr. LoUTTIT, on this vote. Blanchard-Robinson agreement made with the New Orleans Pacific Company Mr. WELLBORN. I was not present when my na.me was called. on the --day of --, --, and filed in the office of the Secretary of the If I bad been present, I would have voted in the affirmative. Interior. S.&c. 5. That tho Secretary of the Interior shall make all needful rules and The result of the vote was then announced as above stated. regulations for carrying this act into effect, and shall have the authority to direct, Mr. HERBERT moved to reconsider the vote just taken; and also if he shall tbink proper, and shall so declare in such regulations, tlJat paym.ents moved that the motion to reconsider be laid on the table. may be made for the lands held and occupied under the fourth section of this act in no~ exceeding four equal annual installments from the date of sale, wi\h · The latter motion was agreed to. interest thereon not to exceed 6 per cent. per annum, 7504 CONGRESSIONAL RECORD-HOUSE. JULY 24,

SEC. 6. That the patents for the lands ·conveyed herein that have already been tion of the act incorporating the Texas Pacific Railroad Company. As issued to said company be, and the same are hereby, confirmed; but the Secre~ tQ.is. section is the one which grants the land a pa.rt of which we are tary of the Interior is hereby fully authorized and instruc~ed to apply the pro­ visions of the fourth and fifth sections of this act to any of said lands that have seeking to furfeit, I desire to read it: been so patented, and to protect any and all settlers on said lands in n.ll their rights under the said Blanchard-Robinson agreement. That the New Orleans, Baton Rouge and Vicksburg Railrond Company, char­ tered by the State of Louisiana, shall have the right to connect by the most The· Committee on the Public Lands 1-eported the following amen·d~ eligible route, to be selected by said company, with the said Texas Pacific Rail­ road at its eastern terminus, and sball have the right of way through the publio ment: land to the same extent gra nted hereby to the said Texas Pacific Railroad Com­ Fill the blank in section 4,line 19, with the word" foutt-h ;" and the blank in pany; and in aid of its construction from New Orleans to Baton Rouge, thence line 20, section 4, with the·words" January, eighteen hundred and eighty-two;" by way of Alexandria, in said State, to connect with said Texas Pacific Railroad 8Q that it will read "4th day of January, 1~." Company at its eastern terminus, there is hereby granted to said company, its successors and assigns, the same number of alternate sections of public land per Mr. OATES addressed the Chair. mile in the State of Louisiana. ns are by this act granted in the State of Cali­ Mr. COBB. I yield to the gentleman from Alabama. (Mr. OATES]. fornia to said Texas Pacific Railroad Company; and said lands shall be with­ drawn from market, selected, and patents issued therefor, and open for settl~ How long time does he desire? m ent and pre-emption upon the same terms and in the same manner and time Mr. OATES. I do not wish to make a. speech. I desire to say only as is provMed for and required from said •.rexas and Pacific Railroad Company a few words. within said State of California: Provided, 'l"bat said company shall complete Mr. COBB. I wilJ yield the gentleman :five minutes. t.he whole of said road within fi>e years from the passage of this act. Mr. OATES. I will not occupy so much time as that. I desire~ as In pursuance of this grant this rotten company filed on November the anthor of the bill, to submit no remarks. No change has been pro- 11, 1871, in the General Land Office a map designating the general • pos~d by the committee except one, upon which they are nn:animons. route of a road projected by it from Shreveport by way of Alexandria The bill as reported by the gentleman from Kentucky [Mr. LAFFOON] to Baton Rouge, and thereupon a withdrawal of the public lands along is entirely satisfactory. said route was made to take effect in April, 1873. Mr. PAYSON. I may say in addition to what the gentleman from On February 13, 1873, a second map was filed in the General Land Alabama has said that the Secretary of the Interior in his last annual Office by the same company de&ignating the general route of a road report has recommended in express terms the passage of this bill. It projected by it from New Orleans to Baton Rouge, and a withdrawal of was prepared in accordance with that action, and the Secretary wrote the public lands along said route was ordered, which tookeffectinApril, a letter to the Committee on Public Lands on which they acted as the 1873. basis of their unanimous 1·eport that the bill in its present form should The quantity of land withdrawn from the public domain and from be adopted. entry by actual settlers by these filings consisted of twenty sections to the Mr. OATES. I was aware that the bill met the Secretary's approval. mile of completed road built under the sections of this act of Congress. Mr. WHEELER. I desire to ask the gentleman from Alabama how This meant 12,800 acres to the mile-a grand donation in the shape of much land will be restored to the public domain under this act. inducement to build this road. The land proposed by thi8 bill to be Mr. OATES. I do not know the precise amount. re.stored to the public domain is 870,000 acres, which will be brought Mr. PAYSON. All opposite G9 miles of ro::~.d. Between three aud back to actual settlement and homestead entry. four hundred thousand aCI·es, as I am advised. This compa1y rested in a perfect state of" innocuous desuetude" un­ 1.:1r. LAFFOO~. Mr. Speaker, when I came to this Honse it was til the expiration of the time in which itwas to complete the road. It my purpose to be a silent member ·a.nd in'no event to interrupt its pro~ appears to have done nothing in that direction, nor in any other direc­ ceedings by anything I might say except in obedience to the strict de~ tion, except to execute a mortage which will appear further along in my * mands of duty, and I promise now that I will be brief as the facts in remarks. , this particular case will permit. The :five years in which this road was to be completed expired on The Committee on Public Lands bas delegated to me the authority March 2, 187G, and during all this time nothing had been done by this and made it my duty to explain to this bo y the provisions of this bill company to earn this grant. Owing to -this neglect in performing or and to give you the reasons which ha>e" led them to adopt the report attempting to perform this grant, the Legislat.ure of the State of Lou­ which we have· presented to this House. isiana, by an act approved April 30, 1877, repealed the charter of this This bill I regard as a very important measure and in the line of very company, and all acts amendatory thereof, and this company was then important legislation, if we are here to discharge our duty to the Amer­ thought to have passed out of existence. ican people. Its provisions are simple, and will be easily comprehended It is useless for the purpose of my argume~t to advert to what has by this Congress. It provides- _ been said of the methods by which this legislation was obtained. But First. That all the land granted to the New Orleans, Baton Rouge for the execution of the mortgage which I have mentioned, this repeal­ and Vicksburg Railroad Company by the twcnty·second section of the ing act would have been the- fit funeral ceremony over the remains of act incorporating the Texas Pacific Railroad Company be declared for­ this corrupt institution. feited to the United States of America. But on the 9th day of June, 1877, a few days after the repeal of the Second. From this forfeiture is reserved aU that part of the grant charter of this company, Jeremiah Councellor filed his suit in the cir­ which is situate between White Castle, in the State of Louisiana, and cuit court of the United States in and for the fifth circuit and district the city of Shreveport, in the same State. of the State of Louisiana. against the New Orleans, Baton Houge and Third. That in order to quiet the title of the settlers thereon that Vicksburg Railroad Company, alleging that he was the owner and holder part of the grant situated between the said points is confirmed to the of a quantity of its mortgage bonds for >aluable consideration paid to said New Orleans Pacific Railroad Company. it, denying the constitutionality of the act of the Legislature forfeiting Fourth. It provides for the designation and identification of .those its franchises and corporate existence as against its acquired rights and lands so confirmed and identified, and establishes the manner in which the vested ri,ghts which the plaintiff had by virtue of his ownership they are to be patented so as to preserve the rights of the settlers thereon, for valuable consideration of said mortgage bonds. The courts in that and confirms the provisions of the Blanchard-Robertson agreement, the case decided that the act forfeiting said charter was "unconstitutional, terms of which are explained in the accompanying report. invalid, and without the slightest effect." The New Orleans, Baton Rouge and -Vicksburg Railroad Company This decision of the court invalidating the act of the Louisiana Leg­ was" eha~red by an a-ct of the Legislature of the State of Louisiana islature left this company in full possession of all the franchises which December 30, 1869. By said charter it was authorized to construct had been conferred on it by all the legislation to which I have referred. and operate a railroad from any point on the line of the New Orleans, On the 5th day of January, 1881, it sold all of its franchises and prop­ Jackson and Great Northern Railroa-d within the parish of Livingston, erty to the New Orleans Pacific Railroad Company. I desire here to running thence to any point on the boundary line dividing the States read an extract from the deed showing what property passed to the lat­ of Louisiana and Mississippi. The line thu.S indicated by its charter ter company: was east of the Mississippi River as far north as Baton Rouge. Its All the right, title, and interest of the said party of the first part, its successors charter also authorized it to construct a branch road from its main stem or assigns, of, in, or to a certain grant of public lands gmnted to the said party as above described to the city of Baton Rouge, and for the purpose of of the first part by an act of Congress of the United States, approved March 3, 1871, and entitled "An act to incorporate the Texas Pacific Railroad Company connecting its railroad with the railroad of other compaines it was au­ and to aid in the construction of its ro.a~. and for other purposes," together with thorized ''to construct, maintain, and use by running thereon its all and singular the tenements, hereditaments, and appurtenances thereunto engines and cars such branches and traeks as it may tind necessary belonging or in any wise appertaining, and the reversion and reversions, re­ to own and use,'' and such railroads were to be considered as part of its mainder and remainders, rents, issues, and profits thereof. main track in the State of Louisiana. • This deed was authorized bythedirectors oftheNewOrleans, Vicks­ Every one who has given the history of this company a study can burg and Baton Rouge Railroad Company at a meeting held 29th of but conclude that outside of its corporate franchises it had not a cent. December, 1880, was approved by the stockholders of said company on It was an institution formed for the purpose of catching every passing the 9th day of December, 1881, and on the 3d day-of December, 1881, opportunity to ma.ke its stockholders rich. It was a bag of wind arid the grant and deed by a resolution of the directors of the assignee a thing of straw. With this purpose in view, armed and equipped company were duly accepted. · with its franchises, .it awaited every chance to speculate on its position The New Orleans Pacific Railway Company by virtue of all these and to catch every comer that wanted wpat it had. So skillfully was facts had become, as is conceded by the courts and by all persons who its affairs man11ged that it secured a donation of pnblic lands to it from have attempted to argue the question, the perfect owner of all the prop­ the Congress of the United States by virtue of the twenty-second sec- ert~ and rights which had been granted by the United States and the

• 1886. CONGRESSIONAL RECORD~HOUSE. _. 7505

State of Louishna, the New Orleans, Baton Rouge and Vicksburg Rail­ should be forfeited and restored to the public domain and opened up road Company and were snbroga.ted to all its right, franchises, and for settlement under the homestead law. prope1·1y; su~ject, of course, to whatever right the General Govern­ I now come to a question which involves more difficulty of solution. ment had to forfeit this grant for failure to complete the road in the Can this Congress forfeit that part of the granted lands which lie co­ time .fixed by law creating the original donation, and the New Orleans, terminous with the road from White Castle to Shreveport? It is a con­ Ba.ton Rouge and Vicksburg company passed out of existence. ceded fact that all this part of the road was completed out of the time I desire in this connection and before I go further in my argument to fixed by the twenty-second section of the act of March 23, 1871, for its give a sketch of the history of the company which claimed to own the construction. It is further conceded that if there were no other facts property and franchises of this company. appearing, if the Government had done nothing by its authorized agents The New Orleans Pacific Railroad Company was incorporated. by no­ which would estop the Government from forfeiting this grant, then the tarial act under the general laws of the State of Louisiana, approved power of this Congress to declare a forleiture and a restoration of these April 7, 1875, and the Legislature of that State by an act appfoved lands to the public domain would be unquestionable. February 14, 1876, confirmed its corporate existence and enlarged its The New Orleans Pacific Railroad Company, after obtaining the deed powers. Its charter was further amended by an act of the Legislature to which I have referred from theNewOrleans, Baton Rongeand Vicks­ on the 5th day of February, 1878, still further enlarging and confirm­ burg Company, before the construction of any part of their road applied ing its powers. By all this legislation it had all the ordinary powers to the General Land Office and Interior Department as to the recogni­ conferred in this way on railroad corporations. It could sue and be tion of the validity of the transfer to it of the lands lying along the sued, contract and be contracted with, locate, constl'uct, lease, buy, and contemplated roads, and on February 17, 1881, before the construction use a railroad from any point on the .Mississippi River in the State of of any part of this road, and in response to their inquiries, the company Louisiana to the city of Shreveport, or to Dallas or 1\Iarshall, Tex., or receiHd the following answer, which I send to the Clerk's desk to be any route or routes it saw proper to select. read: This company now owning the property as stated, under grant from DEPARTME.."'T OF TilE lNTElUOR, G~-.m.AL LAND OFFICE, the General Government to the other company, projected a line in the JVashing!o'n, D. C., Februar-y 17, 1881. same general direction as the route which had been indicated by its Sm: In compliance with the verbal request of Ron. J. H. KETCHAM I make the following statement: assignor on file in the General Land Office, except that the latter wM By the twenty-second section ofa.n act of Congress, entitled "An act to incor­ on the east side of the Mississippi River and the former on the west porate the Texas Pacific Railroad Company,'' &c., approved March 3, 1871. a grant side, but within the granted limits. of land was made to the New Orleans, Baton Rouge and Vicksburg Railroad Company for the purpose of aiding iu the construction of its road. It is a fact that a line of road has been partly purchased and partly At a special meeting of the directors of said New Orleans, Baton Rouge a.nd built by this company from New Orleans to Shreveport, and that the Vicksburg Railroad Company, held December 29,1880, a. resolution was adopted great purpose had by the StateofLouisiana in grantingthecharterand authorizing the president and secre~ of the company to transfer all the right, title, a.nd interest of said company in and to said grant to the New Orleans Pa­ the General Government in giving the land has been eftected. A line cific Railway Company, and to make and execute such instruments as should be of railroad connecting the Lower Mississippi and the Texas Pacific sys­ necessary for that purpose. tem has been accomplished. With these 1acts before this House the On the 5th day of January, 1881, the president and secretary, pursuant to said questions be discussed are, Should this grant be forfeited andre­ authorily, executed a deed in the name of the New Orleans, Baton Rouge and to Vick.. burg Company, conveying all the right, title, a~d interest of said company turned to the public domain? Should any part ofitbeforfeited; if-so, in and to said grant to the New Orleans Pacific Railway Company. how much? These are the pertinent questions to be answered, and I On the 3d day of February, 1&!1, the directors of the last-named company adopted a resolution authorizing the president of the company to accept said desire to give my views after thorough investigation of this subject. conveyance, and to execute any documents necessary to evidence the acceptance. Sixty·eightmilesofthisroad wasbuiltbeforethegrantwasevermade, There can be I)O doubt that when the president of the New Orleans Pacific or if not built before that date was never constructed on the faith of this Railway Company accepts said transfer the company will be fully '\'"ested with all the right, title, and interest which the New Orleans, Baton Rouge and Vick~r grant. It was built by another company. The Morgan Louisiana and burg Company bas in a.nd to said grant. Texas Railroad and Steamship Company owned it and sold it to the New J. A. WILLIA.l\ISON, CommU!sicmer. Orleans Pacific ~mpany. That 68 miles extends from New Orleans to White Castle, and is within the limits of the land withdrawn from set­ Still further anxious of ascertaining their rights to thi~land before tlement or sale by the order of the Commissioner of the General Land they began th~ construction of their road, they asked for and received Office, dated February 13, 1873, to which I have heretofore referred. this further communication from the Interior Department on this sub­ The most favorable and latitudinarian construction which can be given ject, on the 2lst day of February, 1881: DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, to these grants to this corporation can go no further than to the build­ Washington, D. 0., Februa.ry 21, 1881. ing of railroads. They were gifts to induce construction of great high­ Sm: The president of the New Orleans Pacific Railway Company has duly waysforcommercerather than to enrich great corporations, and certainly accepted, in behalf of said company, the deed referred to in my letter addressed did not extend to the buying of constructed lines of railroads. 'to you. dated Februar;v. 17,1881, being the deed to the said New Orleans Pacifia It is perfect folly talk about the equity which belongs to railroad Railway Company by the New Orleans, Baton Rouge and Vicksburg Railroad to Company of all its right, title, and interest in and to 1 he grant to said last-named companies. He who seeks equity must do equity, and it yet remains company by the twenty-second section of an act of Congress entitled "An act to to be disco-vered where they have ever regarded this maxim. Their incorp01-ate the Texas Pacific Railroad Company," &c., approved March 3,1871. The transfer by the said New Orleans, Baton Rouge and Vicksburg Railroad rights in these grants which are attempted to be forfeited must be Company of all its right, title, and interest in and to said grant to the said New measured by the clean-cut, cold law, and when thus determined let Orleans Pacific Railway Company is now complete. them be respected, but let them be tested by no other standard. Con­ Very respectfully, struing the grant of lands coterminous with this 68 miles of purchased ·J. A. WILLIAMSO~, Commissioner. road this House can come to no other conclu.sion than that these lands The road was completed, accepted. bythe Government, and classified a.'i to this part of the road have never been earned. But if a solitary as a land-grant ro:Jd before any hostile legislation was undertaken by doubt yet remains in the minds of any gentleman on this :floor let me Congress. say that this company has .filed in the General Land Office a disclaimer These events in their order show that before its acceptance of the of any right or title to these lands by virtue of their deed from the de­ grant under the deed to which I have referred the company was careful funct company. I desire to have it read and made a part of my re­ that their title would be effectual. They built. the road with the ex­ marks: ception I have mentioned with the understanding and ~n the assur­ In the matter of the application of the New Orleans Pacific Railway Company ance of the officers of the Govel1;!ment that they would be entitled to as assignee and grantee of the New Orleans, Baton Rouge and Vicksburg the land embraced in the grant. .A.s the road progressed in · its con­ Railroad Oompany, for the approval of the report of the commissioner to ex­ struction the la.nd to which they claimed title was duly certified to amine the road constructed by the former company and for the issue of patents under section 22 of the act of March 3,1871. them and patents issued therefor. The company acquired credit and obtained money on the faith of these lands and on the assurance of the Now comes the said New Orleans Pacific Railway Company and states that it claims as the assignee and gran tee of said New Orleans, Baton Rouge and Vicks­ Government that the company's title was perfect. burg Railroad Company, the benefit of the grant of lands made by section 22 of The settlers who are in possession have acte~ in good faith and pur­ the act of March 3,1871, to said last-named company, a.s shown by documentar~ chased these lands depending upon the Government to keep goodiaith and record evidence on file in the office ofthe Secretary of the Interior; it also states that it bas built and has in operation a road from New Orleans to Shreve­ and make this title good. These lands on the line from White Castle port; that about 68 miles of said line of road extending from New Orleans to to Shreveport, as the committee is informed, have all been sold in small White Castle was acquired from a.nothercompRny and put in repair by the New quantities and all in the possession of innocent purchasers for valuable Orleans Pacific Railway Company, and the said New Orleans Pacific Railway Company hereby disclaims any right to receive land under the said section 22 consideration, and I can see no Jaw, no justice, no reason of public of the act of Ma1·cb 3, 1871, in respect of the said 68 miles of railroad extending policy why their title should be disturbed. If it was a question be­ from New OriE>ans to Yvhite Castle, but claims a.nd insists that it is entitled to tween the Government and the companyiwonld look ou it with more the lands granted by said section 22 for and in re!edescribed) to the city of Ba.ton.Rouge; Congress to forfeit the land grant i.o this assignee company? Your committee think both branches of the question must be unsW'ered in the and· for the purpose of connecting its railroad with tne railroads of other com­ ~~ - . panies, &c., it was furthermore authorized "to construct, maintain, and nse, by running thereon il.'l engines and cars, such branch railroads and tracks as it may The same question, by a similar resolution introduce(l into the Sen­ find necessary and expedient to .own and use;" and such branch railroads were, ate, was referred to the Committ-ee on Railroads, and I desire tQ have for all the purpo t'S of tho net, to be deemed and taken to constitute a part or the main line of its railroad within the State of Louisiana.. rea.d their report: On November U, 1871, that company filed in the General Land Office a map [Senate Report No. 711, Forty-seventh Congress, first session.] designating the general route of a. road projected thereby from Shreveport., by way of Alexandria, to Baton Rouge, and thereupon a withdrawal of the pub­ In the Senate of the Unit-ed States. June7,1882.~0rdered to be print-ed. lic lands along the same was ordered, which became efl"ective in December fol­ Mr. Jonas, from the Committee on Railroads, submitted the following report: lowing. The Committee on Railroads, to w.hom tne subject was referred, submit the Subsequently, by ..an act of the Legislature of Louisiana passed December 11, following report: 1872, the same company was given "full power and authority to conunence the A petition has been 1·eferred to the Committee on Railroads of certain citizens construction of their road in the-city of New.()rleans or Shreveport, or at any of Louisiana, asking for the forfeiture of the land grant made to the New Or­ intermediate point on their line of road, as may best swt the convenience of leans, Vicksbu-rg and Baton Rouge Railroad Company by the ninth section of said company and fa.cHitate the speedy construction of a continuous line from the act entitled "An act to incorporate the Texas Pacific Railroad Company, and the city of New Orlea.ns to the eitx of Shreveport, cr perfect railroad communi­ to aid in the construction of its road, nnd for other purpo es," approved March cation with the Texas Pacific Railroad, or ·any oilier railroad in North weste1·n 8, 1871, on the ground th.at the company to whom the grant was made has failed Louisiana, at or near the Louisiana State line: Pl·ovided. howet'CT, That the aid to build the road within the time prescribed by the act. company shall construct the line of it road between the city of New Orleans The grant was made to the New Orleans, Baton .Rouge and Vicksburg Rail­ and the city of Baton Rouge on the east side of the Mississippi River, to the cOl:­ road Company, its succes ors and assigns. That company was incorporated by porate limits of the said city of Baton Rouge, or adjacent thereto." an.Jlct of the Legislature of Lowsiana,.approved December 30, 1869. The object In the mean time, by the act of Congress of May 2,1872, chapter 1.32, the Texa of Congress in making the grant was to aid in the construction of the proposed and Pacific Rail way Company (formerly styled the Texas Pacific Railroad Com­ r.oad, via Baton Rouge, Alexandria, and Shreveport, to .connect; with the eastern pany) was "autnorized and required to construct, maintain, control, and operate terminus of the Texas Pacific Railroad, and thus connect that road with the a road between Ma.rshnll, Tex., and Shreveport, La.• or control and operate any Mississippi Uiver and the . · . existing road between..said points, of the same gauge as th.e Texas and Pacific The commit lee find that this connecting road, on almost the same line, and be­ Railroad." The same act further provided that •; all roads terminating at tween the same points (if not built by the original grantees) .bas been built by Shreveport shall have the same right to make the same running connections, f.he New Orleans Pacific Railway Company, which was organized under a char­ an.d shall be entitled to the same privileges, for the tmnsaction of business in ter .confirmed by an act of the Legislature of Louisiana, appro>ed February 19, connection with the said T exas and Pacific Railway as are granted to roa.ds in­ 1876. This road is now completed and running between New Orleans and the tersecting therewith." eastern t"f'rminus of the Texas Pacific Railroad, at or near ~rshall , Tex., its On February 13, 1873, a second lllAp was filed in theGcneral LandOflice by the route being via Baton Rouge, Alexandria., .and Shreveport. New Orleans, Baton Rouge and Vicksburg Railroad Company, designating the The New Orleans, Baton Rouge and Vicksbw·g Railroad Comp:my (which general route of a road project-ed thereby from New Orlean to Baton Rouge, still has corporate exist-ence), by deed dated the 5th day of January,l8!!1, granted and a withdrawal of the public lands along the i!rune was 01·dered, which took and transferred to the New Orleans Pacific Railway Company all its right, title, effect in April, 1873. The route between those places, those designated, lies on and interest in and to the lands granted to it by the before-mentioned act of the east side of the Mississippi River. That company has not constructed any part Congress incorporating the Texas Pacific Railroad Company. This transfer was ofitsroad,either on the route between New Orleans andBaton.Rouge.oron the approved, ratified, and confirmed at a meeting of the stockholde1·s of the New route between the latter place a.nd Shreveport; nor, indeed, has there been a. Orleans.• Baton Rouge and Vicksburg Railroad Companyoby a. vote of two-thirds ~efinite location ofits road anywhere between the points mentioned. Nothing of its entire capital stock. The transfer was formally acce.Pt.ed .by the board of beyond the designation of the general route thereof appears. directors of the New Orleans Pacilic Railway Company. Pursuant to a resolution of its board of directors, adopted December 29, 1880, The deed of transfer, a certified copy of the resolution of the st6ckholders of all the right, title, and interest of that company in and to .the aforesaid grant or the New Orleans, Baton Rouge and Vicksburg Railroad Company ratifying the public lands made by the act 'Of March 3,1871, wm·e deeded by it to the New Or­ transfer, and a. certified copy .of tne resolution Df the board of directors of the leans Pacific Railway Company. This action of the board of director and of­ New Orleans Pacific Railway Company accepting the transfeJ.•, have been filed ficers of the former company was afterward approved .and 1:a1ified by the .stock­ in the Department of the Interior. holders tnereof at ameeting held in December, 1881. A commissioner to inspect a portion.of the railroad built by the N ew Orleans The New Orleans Pacific Railway Company was originnl1y incorporated un­ Pacific Railway Company was, upon the application of that company. appointed dei· the general laws of the State of Louisiana in June, 1875. It charter as by the President of the United States, and the report of the said commissioner, sub equently amended by acts of the Louisian Legislature passed February HI, approving the construction of the portion Dfthe railroad inspected by him, wus 1876, a n d February5, 1878. It is thereby nutnorized to construct a.railroo.d " he­ duly filed in the Department of the Interior. ginning at .a. point on the Mississippi River at New Orleans, or between N e w 'Application is now made for the issuance of patents to the New Orlt-anPacific Orleans and the parish of Iberville, on the right bank ot the 1\fis issippi, and Railway Company for the lands granted by Congress to the New Orl~ns, Baton Baton Rouge, on the left bank, &c., or from any point withi&. the limits of this Rouge and Vicksburg Railroad Company, and by the last-named comp~ny as­ State, and running thence t.oward and to the city of Shre-.eport-," which i made . signed to the New Orleans Pacific Railwa y Company as heretofore stated. its northwestern terminus. The grant was originally made to the New Orleans, Baton Rouge and Vicks­ The-route of this company as projected is understood to extend from New burg Railroad Company, its uccessors and assigns, for the purposes above Orleans to Baton Rouge, and thence, by way of Alexandria, to Shre>eport. Be­ stated. tween New Orleans and Baton Rouge it lies on the we t side of the Mississ.ippi The ro;1d has been built by the assignee of the grantee, and the objects of the Riv-er; while the designated route of the New Orlean , Baton Rouge and Vicks­ grant have been fully attained. burg Railroad Company, b-etween the same points. lies on the east side of thn.t No forfeiture of tnegrant was made 'before the completion of the road, on the river. Between Baton Rouge and Shreveport its general {!Ourse and direction grounds alleged., and we think it would be unjust and ineqwta.ble to make such corresponds, in the main, with the route designated by the last-n amed com­ iorfeilure now when the work has been completed by the assignee comp:LDy, pany. U is throughout its entire length from New Orleans to Shreveport within which has built the road in good faith and in full expectation of receiving the the limits of the befo,.e-ment-ioned withdrawals of public lands. benefit of the gra nt which remained unforieited and assignable in the control In October, 1881, the president of the New Orleans Pacific Railway Company of their grantor. · , made affidavit that three sections of its road were then completed and ready for Your committee think n~consideration of public policy requires the forfeiture examination by the Government; whereupon a commis ioner was appointed of the grant, and they recommend that the co1nmittee .be discharged from fur­ to examine the same, the result of whose examination appears in a report made ther considemtion of the memorial. by him to the SeCI·eta.ry of the Interior, under date of the 26th of that month. One of the sections embraces 68 m iles of road. beginning on:tnewest bankoftbe In further support of the views I entertain on this subject I desire to 1\lississippi Rh·er, opposite New Odean , and ending near the town of Donald­ call the attention of this Honse to the opinion·of -the A.ttomey-Geneml sonville; another embraces 20 mile of road ncar Alexandria: and the third e m­ of the United States embraced in a. letter written by him to the Secre­ braces 50 miles of road terminatjng at Shreveport. For each of these sectioll8 lands areclaimed by that company under the aforesaid Jnnd grant, as ignee taryofthelnterior Department Jnne13, 1882. I send ittothe Clerk's of the New Orleans, Baton Rouge and Vicksburg Railroad Company. desk to be read. No map of definite loro.tion of any portion of its mad has been filed o ther The Clerk read as follows: than those of constructed portions. • It appears that in February, 1881, the New Orleans 'Pacific Railway Company DEPA:RTME!<""T OF JUSTICE, Washington, :D. 0., Jun:e l8,1882. purchased from Morgan's Louisiana. and TeDlB Railroad and Steamship Com· Sm: By a letter dated the 5th of :Januaey last, your predecessors submitted to panythe road constructed on the west bank of the Mi i sippi Riverbythe N e w me a number of questions arising upon an•&pplica.tion of th~ New Orleans Pa­ Orleans, Mobile and Texas Railroad Company, from W estmego to White Castle, cific Railway Company for certainlan.d.'i claimed underihe land grant made .to a distance of 68 miles. and that the same bas become a pa r t of the main line of the New Orleans, Baton Rouge and Vicksburg Railroad .Co-mpany by the act of the road of the New Orleans Pacific Railway Company. Congress of March 3, 1871, chapter 122. The following are the questions submitted: The land grant mentioned :is contained jn the twenty-second section of that "1. Was the grant to the New OrleaD.!!., Baton Rouge and Vic ~ burg R..'l.ilrond act, whiob provides: Company a grant in prresenti 1 "That the New Orlean , Baton Rouge and Vicksburg Railroad Company, . "2. Had the New Orleans, Baton Rouge and Vicksbw-g Railroad Company, 1886. CONGRESSIONAL -RECORD-HOUSE. 7507 a\ the date of its alleged transfer of lands to the New Orleans Pacific Railway But the grounds upon which that decision appears to have been based are not Company, such an interest in the lands, under said act, as was assignable? found to exist in the case now under consideration. Here a. grant of a certain « 3. Is the New Orleans Pacific Railway Company such a successor to or as­ number of alternate sections of publio lands per mile is made to the New Or· signee of the New Orleans, Baton Rouge and Vicksburg Railroad Company as leans, Ba.ton Rouge and Vicksburg Railroad Company, its successors and as­ is contemplated by said ad? · signs, in and of the construction of a road from New Orleans, by the route in­ "4. Should it appear that the 68 miles of the New Orleans, Mobile and Texas dicated, to connect with the eastern terminns of the Texas and Pacific Railroad. Railroad was constructed prior to the act of .March3, 1871, granting lands to aid which· Iands are required to be "withdrawn from the market, selected. and in the construction of the New Orleans, Baton Rouge and Vicksburg Railroad, patents issued there(or, and opened for settlement and pre-emption npon the can the New Orleans Pacific Company (its assignee) claim any benefit from the same terms and in the same manner and time as is provided for and required grantY Or, in case of such prior construction and the non-construction of any from said Texas Pacific Railroad Company." portion of the· New Orleans, Baton Rouge and Vicksburg Road, has the purpose The grant is coupled with no special duties or trusts, for the performance of for which the grant was made failed and the grant consequently lapsed? which there is reason to believe the particular company named therein was "5. If the New Orleans, Mobile and Texas Road was constructed subsequently more acceptable to Congress than any other. Its purpose is to secure the con­ to the date of said act, is so much of its road as is now owned by the New Orleans struction of a railroad between the points designated, and whether this purpose Pacific Company such a. road as is contemplated for acceptance by the President be fulfilled by that company or by another company must be deemed unimpor­ within the meaning of said act, and may patents issue to the latter for lands op­ tant in the absence of any provision indicative of the contrary. The interestde­ posite toa.nd coterminous with such constructed portion of road?" riTed by the grantee, though it rema.in only afloat, is a vested interest, and it is These questions are accompanied by a. request for an opinion upon such other held under the same limitations which apply after it develops into an estate in questions of law as may suggest themselves touching the transfer of said land particular lands until extinguished by forfeiture for non-performance of the grant, to which reference is above made. condition annexed to the grant. I perceive no legal obstacle arising out of the Of the above-stated questions the first three may be considered together, in grant itself to a transfer of such interest by the grantee to another company, and connection with the following inquiry, which presents itself at the outset, should the latter construct the road contemplated agreeably to the requirements whether the assent of Congress t.o the transfer made by the New Orleans, of the grant, and thus accomplish the end with Congress had in view, I submit Baton Rouge and Vicksburg Railroad Company of all U.s interest in said land tlmt it would clearly be entitled to the benfits thereof. grant to the New Orleans Pacific Railway Co!D_pany is necessary (by reason The question of the assignability of the interest of the grantee would be more of anything in the P-rovisions of the grant itself) to entitle the latter company difficult if, after definitely locating the line of its road, and thus attaching the to the benefit of sa1dgrant in aid of the constructionof theroadprojectedbyit. grant to particular lands along the same, it was proposed to transfer that inter­ The act of March 8, 1871, passed to the New Orleans, Baton Rouge and Vicks­ est to another company for the benefit of a road to be constructed by the la.t.ter burg Railroad Company a present interest in a certain number of alternate sec­ on a different line, though following the general course of the other road. But tions of public lands per mile within the limits there prescribed. Its language in the present case the facts give rise to no such difficulty. The grant had not, is "there is hereby granted to said company" the number of alternate sections previous to the tram;fer, become thus identified with a particular line of road, mentioned; words which import a grant in prmsenti, and not one in. futuro, or and was thereafter susceptible of location upon the line of the road projected the promiae of a grant. {!T1 U. S. Rep., 496.) But the grant thus made is in the by the assignee (the New Orleans Pacific Company), provided this road met the nature of a tloat. It is of sections to be afterward located, their location de­ requirements of the grant in other respects, as to which no doubt is suggested. pending upon the establishment of the line of the road. Until this is definitely .My conclusion is that the assent of COngress to the assignment made by the fixed the grant does not attach to any specific tracts of- land. Upon the line of New Orleans, Baton Rouge and Vicksburg Railroad company as above, is not the road being definitely located the grant then first acquires precision. and the necessary in order to entitle the assignee to the benefit of the land grant in ques­ company becomes invested with an inchoate title to the particular lands cov­ tion. ered thereby, which can ripen into a perfect. title only as the construction of The remaining questions relate to the 68 miles of railroad formerly belonging each section of 20 miles of road is completed and approved, when the right to to the New Orleans. Mobile and Te.x:as Railroad Company, but now owned by patents for the lands opposite to and coterminous with such construct~d section the New Orleans Pacific Company, and made a part of its main line between accrues. New Orleans and Baton Rouge. The prwiso in the grant that the company shall complete the whole of its road The land grant in question was, as its language imports, made in aid of the within five years from the date of the act is a condition-subsequent, the failure constrnctiou of a railroad between certain termini, contemplating a. road to be to perform which does not ipso facto work a forfeiture of the grant, but only constructed, not one already constructed. It has not been the policy of Con­ gives rise to a right in the Government to enforce a forfeiture thereof. Yet in gress thus to aid constructed roads. Had a constrncted road existed at the date order to enforee a. forfeiture such right must be asserted by a judicial proceed­ of the grant, which extended from one terminus to the other, and afterward the ing, authorized by lawt or by some legislative action amounting to a resump­ New Orleans, Baton Rouge and Vicksburg Railroad Company, instead of en­ tion of the grant. (Scnulenberg v&. Harriman, 21 Wal., 44.) Hence, until ad­ tering upon and completing the construction ofa road, had purchased the road vantage is taken of the non-performance of the condition, under legislative already construct~d, this, it seems to me, would not have satisfied the purposes nutho1·ity, the interest of the grantee in the grant remains unimpaired thereby. of the grant so as to entitle the company to the benefit thereof. Tne same ob­ Such being the nature and effect of the grant and• its accompanying condi­ jection would apply were the constructed road extended over only a part or tion, and no action having been·taken either by legislation or judicial proceed­ the route contemplated by the grant. So far as I nm advised. the action of the ings to enforce a forfeiture thereof, i follows that at the period of said transfer Government hitherto has accorded with this view. by the New Orleans, Baton Rouge and Vicksburg Railroad Company this com­ On the ot.her hand, if such road was constructed subsequently to the date of pany was invested with a present interest in the number of alternate sections the grant, and is owned by the grantee or the assignee of the latter, I see no of public lands per mile granted by the act of 1871, notwithstanding it was ground for excluding it from the benefit of the grant should it otherwise fulfill already in default in the performance of the condition referred to, and that it the requirements thereof. still retained a right to proceed with the construction of the road, in aid of Agreeably.to the foregoing views, and in direct response to the several ques­ which the grant was made until advantage should be taken of the default. But tions submitted. I have the honor to reply as follows: The first, second, and as it had not then defi.nit~ly fixed the line of its road. although a map designat­ third questions I answer in the affirmative. The fourth question (including the ing the general route thereof was duly filed, that interest did not attach to any alternative added thereto) I answer in the negative. The fifth question I an­ specific tracts of land, but remained afloat, as it were, needing a definite loca­ swer in the affirmative-assuming, as I do, the company named therein to be tion of the road before it could become thus attached. Was the interest here an assignee of the grantee in the act referred to. described assignable to another company, so as to entitle the latter to the ben· I ha\·e the honor to be, very respectfully, . efit of the grant in aid of the construction of its road between the places named BENJAMIN HARRIS BREWSTER, therein, without the assent of Congress? · _ At!Qmey-General. Doubt has perhaps arisen on this point in view of the fact that in one or two Hon. H. M. TELLER, instances it has been thought expedient to obtain legislation by Congress con­ Secretary of the Inferior. firming or authorizing a similar assignment (see section 2 of the act of .March 3, 1.865, chapter 88, and section 1 of the act of March 3,1869, chapter 127) and also Mr. LAFFOON. Summing up now the facts in their order that relate in view of the adverse ruling of this Department in the case of the Oregon Cen­ to the forfeiture of that part of the grant from White Castle to Shreve-­ tral Railroad Company. (13 Opin .• 382.) However, a similar assignment made in 1866 by the Hannibal and Saint Joseph Railroad Company to the Pike's Peak port, we find that the grant was made by the Government on the 22d Railroad Company,afterwardknown as the Central Branch Company, was held day of March, 1871, to the New Orleans, Vicksburg and Baton Rouge to be valid by Attorney-General Stanbery in an opinion given to the Secretary Railroad Company. That company sold out aU its rights, property, and of the Treasury under dat~ of July 25, 1856. In the latter case the Ha.nnibal aud Saint Joseph Company, which was incor­ franchises to theNew Orleans Pacific Railroad Company on the 5th day porated by the State of Missouri, with authority t~ construct a railroad between of January, 1881; that before any construction of that road the author­ Ha.nnibal and Saint Joseph, within that State, was, by the Pacific Railroad act ities of the Government in two different communications assured it that of Julyl.l862 (sect.ion13). authorized to"extend its road from Saint Joseph, via Atchison, to connect and unite with the road through Kansas, "' "' "' and it was the owner of sa.id grant and that its title was complete; that the may for this purpose use any railroad ch.arterwhich has been or maybe granted citizens along its line purchased in small tracts the land from the rail­ by the Legisiature of Kansas," &c., and by the fift.eenth section of the sa rue act road company and are now in possession of same, engaged in all sorta it was provided that"wherever the word company is used in thi'lact it shall be construed to embrace the words their associates, successors, and assigns, the of industrial pursuits; thn,t the President of the United States has ap­ same as if the words had been properly added thereto." . pointed commissioners and they have examined and accepted the road Subsequently, in 18G3, an assignment was made by that company of all its as it pro~essed, and that it has been classified as a land-~rant road, rights under said act (which included an interest in both a land and a bond sub­ sidy) to the Atchison and Pike's Peak Railroad Company, a company previously and in all of its settlements with the Government of its postal accounts organized under a charter granted by the Legislature of Kansas. The latter com­ has been so considered and regarded, and that no hostile legislation pany having constructed a section of 20 miles of the proposed road west from was ever attempted until all these things in their regular order bad Atchison claimed the benefit of the grant made to the Ha.nnibal and Saint Joseph Company, as its assignee, and this claim was recognized and allowed, in accord­ been transacted and done. ance with the opinion of the Attorney-General. It will be observed, however, In the face of these facts the question arises, can Congress as a mat­ that the Hannibal and Saint Joseph Company was authorized to" use any rail­ ter of" cold-cut" law forfeit this part of the grant? The committee road chnrter wh1ch l1as been or may be gran ted by ~e Legislature of Kansas " and this, together with the provision in the fift.eenth section quoted above, m~y after a fulldiseussionofthesequestionsha.veagreed with theAttorney­ have been regarded as sufficient to sustain the assignment. Genernl, the Committee of the Judiciary of this House, and of the Rail­ In the case of the Oregon Central Railroad Company, mentioned above, a grant road Committee o(the Sena-te, and say ''no." of a right of way through the public lands, and also of alternate sections thereof was made to that company, "and to their successors and assigns," by the act The settled doctrine of the courts in regard to all grants to railroads of May 4,1870, ehapter 69, for the purpose of aiding in the construction of a ra.il­ in analogy tO private grants is that they are grants in prrese-nti, and ~oad an? telegraph line between certain places in Oregon·. In August follow­ vest the donor with a present title subject to be forfeited at the option mg an rnstrument was executed by the company assigning all its interest in the grant to the Willamette Valley Railroad Company, and thereupon the ques­ of the grantor or donor upon the violation of the condition upon which tion n.rose whether the grant was susceptible of being thus trasferred. 'l'he At­ they are made. It is further held by the courts that the gr~nt carries f.ir settlements were upon lands that required to be resurveyed-the necessity. for which surveys and resurveys of the Judiciary Committee as to the estoppel of the Government, and ill shown by the reports of the Commissioner of the General Land Office, made I am snre that allla wyers will agree-I am snre that the gentleman from repeatedly to Congress, and asking for adequate appropriations for surveys and Alabama himself will agree-that an examination of the subject shows resurveys declared to be necessary in order to enable settlers to locate their claims and the GoYernment to dispose of the lands. By the failure of Congress clearly that the rule laid down by that committee as to the estoppel of to make these adequate appropriations the surveys and resurveys have never the Government is not properly laid down, and that the law of estoppel been completed, and hence the rights of these sP.ttlers have remained in ahey­ does not go to the exten~ there declared. However, as the Committee ance, and would now be entirely lost by the iBBuance of patents to CO''er the land included in the grant made to the New Orleans, Baton Rouge and Vicksburg on Public Lands seem to be entirely harmonious in support of this bill, Railroad Company.. . I shall raise no objection, althongh I do not see why an acre of these Reserving the right to file additional and supplemental reasons and protests, lands should be exempt from 1orfeiture. weare, Respec tfull~· . &c., Mr. McRAE. Mr. Speaker, I do not rise to oppose this bill, but E. W. ROBERTSON, neither do I desire the House to vote under the misapprehension that M. O.,_~ixth Disflrict, Louisiana. the committee are unanimously in favor of it. There is no minority re­ .N.C.. BLANCHARD, M. C., Fo1'rlh Distt'ict, Louisian a. port, yet some members of the committee are opposed to it. The minority llon. S ECP..E"l'AllY OF THE lNTERIOll. advocated a different policy in the committee and sought to have the After this protest was filed and the suspension of the issual of patents Honse adopt it, but the House upon anoth~r bill which was presented by the Interior Department this letter, which contained the agreement to it refused to adopt the policy of the minority, and since that time mentioned, was written by said company and embraces fue agreement we have not seen fit to urge it upon the House. I want to state, how­ which is proposed to be coH.firmed by this bill. ever, that I do not agree to the policy upon which this biU is based. I do not agree with those who say that we have no right to forfeit all W .ASHINGTON, Januaru 4,1882. of this land grant, yet, under the circumstances, it may be best to let GENTLIDlEN: In consideration of the withdrawal by you of the protest and objection filed by you with theDepartmentof the Interior against the recognition the bill pass in its present form, since the Hou e at the la.st session re­ of the claims urgt> d by the New Orleans PaC'ific Railroad Company, to the L

The bill was read, as follows: then how much they had lost by conveying the mails and other prop­ B e i t enacted, &c., That all tbe la nds granted- and certified to the Sta te of Ala­ erty of the Government at reduced rates and strike~ balance; but we bama to aid in the construction of th e Mobile and Girard Ra ilroad, from G irard found that if that were done we would be owing the road a very con­ to 1\lobiJe, within said Sta te, by act of Congress approved June 3, 11:!56 (U siderable amount of money, and we thought it was easier, better, and Statutes at Large, page 17), be, and the same are hereby, forfeited to the United States, for the non-performance by said railroad company of the conditions upon cheaper all round to just quit, striking no account with the company which said grant was made, and at the expirationofoneyea rfrom the approval for the money which they had received for those lands, which, as I have of this act shall be subject to entry and homestead under the general land la ws said, was a small amount comparatively, or for their loss from carrying of the United States, without any further previous offering: Providerl, howe1:er, That all of the aforesaid lands which have been sold and conveyed by said rail­ the mails, &c., at a reduced rate. road company, or which have been sold as the property of said railroad company Mr. DUNN. Does the railroad company agree to accept that conru­ for State and county taxes thereon, and purchased by actualsettlers,arehereby tion? excepted from said forfeiture to the extent of320 acres, and t.he titles to said lands, to the extent so excepted, are hereby confirmed and made valid t<> such pur­ Mr. VAN EATON. Yes, sir. chasers, their heirs or assigns; and· if any such purchaser shall have p urchased Mr. DUNN. I wish to call theattentionofthegentleman to the fact more than 320 acres for the uses of actual settlement, he shall select said 320 acres that we have had some experience in that kind of recession heretofore, herein excepted from forfeiture within one year from the approval of this act, and (lie notice of such selection with the register of the land-office at Mont­ and that the partie.s have always come in with claims for pay for the gomery, .Ala.; and any such purchaser who shall fail to make such selection difference. and file said notice shall not thereaftet· have the benefit of the exception h erein :Mr. VAN EATON. Precisely. made: Provided further, That when any such purchaser shall have purchased jn excess of 320 acres for the purpose of actual settlement, or in cases where any Mr. DUNN. Is there anything in this bill requiring the company of the lands hereinbefore forfeited have been sold and conveyed by said ra il­ to accept the provisions of the act and to release the Government from road company,or sold and conveyed as the property of said railroad company the payment of that difference? for State and county taxes thereon, and purchased by other than actual set­ tlers. all such pnrchasers shall have a prior right to purchase said lands from Mr. VAN EATON. The road wants to be released from its obliga- the United States at the price and sum of$1.25 per acre, which prior right of pur­ tion as a land-grant road. · , chase shall continue for one year after the approval of this act, and not longer: Mr. DUNN. The other roads did also, but afterward they wanted Pro11ided further, That all such purchasers, or their assigns, shall each, within one year after the approval of this act, make proof, before the register of the pay for the difference. land office at Montgomery, Ala., of the amount of land purchased, from whnm, Mr. VAN EATON. I think the bill is sufficiently guarded so far as the title received, and the amount paid therefor, and when: Pro-vided al.so, That that is concerned. It provides that the company- such proof may also be made before a judge of probate or clerk of the circuit court, under the seal of office, and forwarded by ma-il to said regist~r: And pro­ Shall, within three months after the approval of this act, file with the aforesaid vided further, That the above-named privileges to purchasers are granted only register a full list and description of all the lands of said grant certified to them, on condition that no claim shall even be made by them or any of them against and designate the portions thereof which have been so'd and conveyed by said the State of Alabama, or any county, school district, or municipality thereof, for company, to whom, if practicable, when, and for what price or consideration, taxes erroneously assessed and collected on any of said lands, whether the same which list and statement must be sworn to by two of the officers of said company were paid voluntarily or not. or two other credible witnesses who know the facts to be true; and with such SEC. 2. That the said 1\Iobile and Girard Railroad Company shall, within three list said company shall surrender to said register all patents and certificates to months after the approval of this act, file with the aforesaid register a. full list said lands now held or owned by the said company; and whenever the said and description of all the lands of said grant certified to them, and designate the register is satisfied that said company bas in good faith complied with there­ portions thereof which have been sold and conveyed by said company, to whom, quirements oft.his act, he shaH certify the same to the Commissioner of the ifpracticable, when, and forwhatprice orcon:;;ideration, which list and statement General Land Office, with alloftheevidenceupon which his.:ertificate is based. must be sworn to by two of the officers of said company, or two other credible witnesses who know the facts to be true; and with such list said company shall Then the company, if this is approved, will be relieved from its ob­ surrender to said register all patents and certificates to said lands now held or ligations as a land-grant road. owned by the said company; and whenever the said register is satisfied that Mr. DUNN. Now there should be added just there words to this s:'l.id company has in good faith complied with the requirements of this act, he shall certify the same to the Commissioner of the General Land Office, with all etfect: "And shall release the Government from any payment on ac­ of the evidence upon which his certificate is based; and if said Commissioner count of the reduction heretofore made in the . compensation for trans- . approve the same, it shall be final, subject to appeal and ·re\"iew of the Secretary portation of mails, troops, and Government property." , oft he Interior. · SEC. 8. Thatwbene'\"er said railroad.companycomplies with the requirements . Ur. VAN EATON. I presume the committee will have no objection of this act as hereinabove provided, the Secretary of the Interior shall certify to to adding that provision. the president of said railroad company tha t it is thenceforth relieved and ab­ Mr. DUNN. It onght.to go in. . solved from all the duties and obligations of a land-grant railroad. SEC. 4. That at the expiration of the one year as hereinabove provided the Ur. VAN EATON. If the gentleman will kindly draw up an said register of the land office at Montgomery shall certify to the Commissioner amendment of that kind, .I will, so far as I am concerned, accept it. of the General Land Office a. list of the lands proven to have been purchased, and Mr. CANNON_ Will the gentleman allow me a question? owners thereof, and a brief of the evidence, and hi~ decision, succinctly stated, which, if approved by said Commissioner, shall be tina.!, subject to appeal to the Mr. VAN EATON. Yes, sir. Secretary of the Interior. !t1r. CANNON. What amount of these lands adjacent to the com­ SEc. 5. That it shall be the duty of the Secretary of the Interior to prescribe pleted portions of the road have been sold? notices and rules for the enforcement of this act. Mr. VAN EATON. I do not remember; not a very large amount. Mr. COBB. I yield to the gentleman from Mississippi [Ur. VAN I was going on to remark that the State of Alabama for some years EATON] who reported this bill. has treated these lands as the property of this road and has sold them Mr. VAN EATON. Mr. Speaker, the grant now proposed to be for­ on account of unpaid taxes. Certain _parties have purchased the lands feited was made by an act of Congress of June 3, 1856, and it com­ at the tax sales; and we provide in the bill that such parties shall have prised some H50, 000 acres of land. The grant was made in aid of a road the right to enter the lands from the Government at $1.25 an acre. proposed to be built from Girard to Blakely, Ala., a point on Mobile 1\ir. CANNON. Suppose they do not choose to ent.er the lands from Bay, opposite the city of Mobile. The road was only partially built. the Government at $1.25 an acre, but claim that the title of the lands The obligation of a land-grant road had been imposed upon this rail­ adjacent to the completed portions of the road is already in them by road by the Government, namely, the obligation to carry the mails and proper conveyance. 'koops and munitions of war at reduced rates. The company have not Mr. VAN EATON. I think that is provided for in the bill i.n this completed the road. Having built it_ only some 84 miles to a point proviso, which will be found on page 3: called Union Springs, they abandoned its construction from thence to That the abo"'e-named privileges to purchasers are granted only on condition that no claim shall even be made by them or any of them against the State of Mobile . . .Alabama, or any county, school district, or municipality thereof, for taxes er­ Mr. ANDERSON, of Kansas. What is the distance? roneously assessed and collected on any of said lands, whether the same were Mr. VAN EATON. The length of the unbnilt portion of the route paid voluntarily or not. is probably about the same as the portion built, or perhaps greater. In Mr. CANNON. Let me make my questio:rt more explicit. If this view of these circumstances, Mr. Speaker, the committee have reported is an ordinary land grant upon conditions-subsequent, the prob.1.bilities in favor of forfeiting the entire grant, with the condition that, so far are that the purchasers of these lands adjacent to the rail way have as the company is concernP,d, it shall be absohed when the grant is so taken a title which they claim to be perfect and which probably is per­ forfeited from all the obligations of a land-grant road. This is, in fect. This bill provides, as I understand, that these parties may pur­ brief, the substance of the bill, with the exception that it proposes to chase from the Government that which no doubt they claim to own give to persons who have purchased lands from the railroad company already. Now, if there be a mortgage upon these lands or if they have the right for one year to purchase them from the Government at the been in the main sold, 84 miles of the road having been constructed Government price. The company has sold some of these lands, but and the lands probably taken, the title passed from the Government, so members will observe that the bill provides that within a certain time that it can not forfeit those lands, may it n·ot be perhaps doubtful pol­ the company shall give up their patents and yield their title, and that icy to release this road from the liabilities and burdens of a land-grant then and in that case the lands being forfeited to the Government, per­ road? sons who have bought them from the company may obtain title from Mr. VAN EATON. I will answer my friend from illinois in this · the Government at the Government minimum price. way: I believe it is within the scope and contemplation of all these for­ Mr. DUNN. What does the railroad company do with the purchase­ feiture bills to forfeit the grant along the completed road if not com­ money which it bas received from those people? pleted in time; and the same difficulty would arise in all these cases. Mr. VAN EATON. With regard to that I will s~te that it is a very How it is to be met I do not know. small sum. None of these lands were sold at over 50 cents an acre, and ~ Mr. LONG. Is it not true that the provi.Eions of the bill are satis­ some of them were sold as low as 10 cents an acre. There was a prop­ factory to those parties who appeared before the committee, and who osifion before the committee to make an account of how much money represent the ownership of the land purchased under a tax title ? the company had received from the sale of the lands on the one side, and Mr. VAN EATON. I thank the gentleman from for 7510 CONGRESSIONAL RECORD-HOUSE. JULY 24, that suggestion. It is true so far as the evidence before the committee The Clerk read as follows: is concerned. Add to section 2 of the bill: Mr. BOYLE. Will the gentleman allow me a question? •'And said railroad company shall also release the Government from any right or claim for payment of any fnrther compen ation for transporting tho mails, · :Mr. VAN EATON. I would like to answer the other question fhst. troops, and Government property than tho.t hereto foro allowed and paid by th Mr. BOYLE. My question relates to that point. Do I understand Government." the gentleman to say that the purchasers of thee lands from the rail­ Mr. VAN EATO~. I hope that amendment will be adopted. I road company are content with the provisions of this bill? now yield to the chairman of the committee. Mr. VAN EA'l'ON. They came before the committee and so ex- Mr. COBB. Mr. Speaker, I think all has been said that is necessary pressed themselves, nearly all of them. _ to be said in reference to the provisions of this bill; and I therefore Mr. BOYLE. I happen to have as a constituent the principal pur­ move the previous question on the bill and amendment. chaser, who has bought some 50,000 acres oftheselands; and I am pre­ :rtlr. HOLUAN. I trust mycolleaguewill yield tome for a fewmin­ pared to say for him that he is not satisfied with the provisions of this utes. bill, and not content that it shall pass. Mr. COBB. I hope we will get along with the bills. 1\tr. McRAE. Let me inquire of the gentleman from Mississippi Mr. HOLMAN. . I shall insist upon hating a few minutes-five whether he knows the purchaser the gentleman from Pennsylvania is minutes at least. concerned for did not take a quitClaim from the railroad, and whether 1\ir. COBB. Very well; I ha\"e no objection to that. he holds anything more than a quitcla.im? Mr: HOLMAJ.~. I want to suggest to my colleague, if I can have Mr. VAN EATON. J think that is true. And further, I would the ear of the House. for a. few moments, that there is grave doubt state, and I do not think it is out of place to say, that before the com­ whether the effect·of this act is not more beneficial to the corporation mitt-ee in the-Forty-eighth Congress parties professing to represent the than to the Gonrnment. About half of this road, as I understand it, gentleman spoken of by the gentleman from Pennsylvania came and has been completed. The road has obtained the benefit of the sale of told us that would be satisfactory to them. a portion of the lands, and the corporation now seeks to be released 1\Ir. BOYLE. If the gentleman will allow me, I will say that I from the obligation to transport the troops and supplies of the United know the gentleman to whom he refers, and he denies he ever was be­ States free of cost and to transport the mails of the United Stntes at fore the committee. such price as Congress may desigriate, and I submit to my friend from Mr. VAN EATON. In fairness I would admit that statement was Mississippi, as a fair question for cori.sideration, whether it is not likely made before the committee of the Forty-ninth Congress, but a.s stated to confer a substantial benefit upon the corporation and none whatever by my colleague on the committee, this gentleman took a quitclaim upon the Go>ernment? On the one hand you release to this railroad from the railroad, and th.'l.t is all. company all the lands which have been disposed of by them, and upon 1\fr. BOYLE. Allow me again. the other you release them from the obligation they are now under to Ir. VAN EATON. Certainly. the Government. I think this is rather a liberal proposition as far as 1\fr. BOYLE. My constituent does not hold a quitclaim at all. He the road is concerned. holds a deed of grant, bargain, and. sale, a deed in fee-simple. My friend stated that if you made up an account as between the Gov­ Mr. VAN EATON. What is to prevent him coming on the railroad ernment and the railroad company showing the amount of money re­ for his warranty ? ceived by the corporation upon the sale of the lands aud the amouut Mr. BOYLE. I understand the railroad to be worthless and not re­ due to it for the transportation of the mails, as I understand it, with sponsible. . the 20 per cent. reduction, that such an account would show a favor­ 1\Ir. VAN EATON. I would state to the gentleman that we ex­ able balance to the corporation. · amined that very deed, if I remember aright, before the committee, M:r. VAN EATON. I said that the Government would owe the rail- and while it is not in form· a quitclaim deed, in substance it is, in this, road company mouey. . · that it goes on and guarantees the right and title to the land EO far :1s 1\fr. DUNN. But that is only the money recei>ed from the sale of the railroad is concerned. Every lawyer knows that is only a quit­ a small amount of the lands. I understand that no great quantity of claim: the land bas been sold. It does not take into account the -.nine of the · l!Ir. BOYLE. Evm-y lawyer does not know tha.t. It is a deed of lands which are forfeited under this act. grant, bargain, and sale, with special warranty. Mr. HOLMAN. The Government now has a very valuable right in 1\Ir. VAN EATON. So far as the railroad is concerned. regard to that corporatiou; that is to say, the transportation of its troops l\Ir. BOYLE. That is not material in the view I present. and supplies free of all charge, and the transportation of its mails at . 1\fr. WARNER, of Ohio. Permit me to ask the gentleman a question such rates as Congress shall prescribe, and Congress has already pre­ for information. I understand from all that has been said that a part scribed that the compensationofthese land-grout-roads sha.Jl be 20per of the road has been completed and that n certain quantity of land cent. less than the amount paid to the other railroad corporations who thereby earned. Ls that correct? have received no benefit from the Goverument. Mr. VAN EATON. I believe that is in substance correct. Now, I do not think this oug'bt to be done. I am perfectly willing, Mr. WARNER, of Ohio. That a part of the land was earned. If if my friend will allow me, to offer an ameudment to declare a forfeit­ that be the case were not these lands mortgaged by the road? ure of the lauds conterminous with that portion of the road not com­ Mr. VA.t.~ EATON. No, sir. pleted. 1\Ir. WARNER, of Ohio. No mortgage? Mr. DUNN. Would the gentleman from Indiam\insistupon impos­ Mr. VAN EATON. No, sir; no incumbrance whate>er. ing a condition upon the railroad company to carry the mails of tho 1\Ir. FINDLAY rose. Government at a reduced price, for nothing? 1\Ir. VAN EATON. Let me finish. Mr. HOLI\IAN. No, sir; I would leave to them the lands contermi­ Mr.· FINDLAY. Certainly. nous with the 84 miles of comp.leted road. Mr. VAN EATON. The evidence before the committee is that this Mr. DUNN.· But they have nothing le~ I understand tills act for­ part of the road was buil~ without their knQwing they had a land-grant feits all of the lands. fund. Mr. HOLMAN. I know; but does not the gentleman see that that 1\Ir. FINDLAY. I wish t.o ask this question-- portion of the laud which is not forfeited has already inured to their The SPEAKER p1·o tempore. Does the gentleman yield? benefit? Mr. VAN EATON. Certainly. 1\fr. DUNN. But this railroad company have retained no portion of Mr. FINDLAY. It is whether this bill and other bills on the table the lands. · propose to do anything more than-express the intent on the part of the Mr. VAN EATON. Not an acre. United States to forfeit these lands. Mr. HOLMAN. But they get the benefit of the lands which have ?tfr. VAN EATON. Nothing more. been sold. 1\fr. FINDLAY. Under the decision in Schulenberg t's. Harriman, Mr. COBB. Only about 120,000 acres h.·we been sold. 21 W a11ace ? - :Mr. HOLMAN. Some of the lands ha-.e been sold for taxes ::md tho Mr. VAN EATON. That is all. Government gets nothing. Mr. FINDLAY. I ask the further question whether it is not a judi­ Mr. DUNN. What is the consideration that you would propose for cial question which must be deter:rilined by the court. carrying the mails,. or what will be the consideration in the event of 1\ir. VAN EATON. Undoubtedly. the forfeiture should your amendment be adopted? Mr. FINDLAY. We must express our intention to _forfeit; we must 1\:Ir. HOLMAN. These lands have been kept from settlers for some declare our intention to enter upon it. thirty-oda years- Mr. VAN EATON. That is undoubtedly true. [Cries of" Vote!"] 1\fr. DUNN. I understand that, but, as I understand fnrthe ·, the Mr. DU~N. If the gentleman will allow me, I will move my amend­ lands have been sold in many instances for 10 cents an Mre. ment. Mr. HOLMAN: nut the corporation obmined credit upon the Mr. VAN EATON. Idonotthilikwewill object to the amendment strength of the land grant. of the gentleman from Arkansas. • Mr. DUNN. . Which lands were sold for 10 cenU! an acre. What do Mr. DUNN. I will move my amendment, and I ask the Clerk to you propose in return for the senice you demand:? They got little or read it. nothing for the lands.

'. 1886. CONGRESSIONAL RECORD-HOUSE. 751-1

1\Ir. HOLMAN. That was their own bargaiD.; but they agreed, lands was certainly defective under the pr-ovisions of the grant wltichi nevertheless, to transport the troops and supplies of the United States hold in my hand. That act I may say has been construed by the su­ free, as well as to carry the mails at the rate that might be fixed by preme court of Alabama in a recent decision to the effect that the com­ Congress. p:my had not the power to dispose of these lands any further than they !l!r. DUNN. It is a matter of no differenee to me; but I merely had constructed the road, and in attempting to convey a title they wanted to test the gentleman's sense of justice. could not convey to the purchaser the title to these lands when they Mr. OATES. I would like to make a statement to the gentleman had none themselves or when they had a mere shadow of title, a right from Indiana. to complete the road and perfect the title. Then the purchase-r who Mr. HOLMAN. In a moment. accepted such a title accepted it with all these defects. Mr. OATES. I wanted to give the gentleman some information I would say as matter of law if such were not the fact and the pur- upon this subject. chaser was chargeable with notice that this would be a judicial question ltlr. HOLMAN. I will yield with pleasure for that. the title of such a purchaser could only be divested by a judicial pro- Mr. OATES. The completed portion of this road runs right through ceeding; it could not be by legislation. But it is a defective title to my district, and I know pretty well all about it. I offered this bill, lands which the Government might denounce and forfeit for failure to which the committee have reported or rather a substitute, and there perform the condition on which the lands were granted. It is, there­ is no difference in .the bill repor ted from the committee except in some fore, competent for the House by its action to confirm the titles upon of the provisions of the-first section. There are 84 miles of the road certain other conditions imposed upon the purchasers . . That is my completed from Girnrd, opposite the city of Columbus, Ga., to Troy, in view of the law of the case. Alabanm. There were no public lands availableunderthegrantalong I think that this bill can work no injustice to any one. To my cer­ this line of completed road until it reached within about 10 or 12 tain knowledge it is satisfactory to the people of that country except a miles of Troy, which is its present southern terminus. So that the few of these large purchasers for saw-mill purposes; and some of them, lands that the company h a.-.e received or nearly all of them lie beyond I believe, are satisfied. I believe som-e of them are the constituents ot the constructed portion of the road and are of but little value. The my friend from Massachusetts [Mr. LONG]. They are satisfied to pay company has sold no lands at more than a dollar and a quarter an acre, $1.2-5 for the lands in excess of the 320 acres. The provisions of the and most of them up to $1, and to actual settlers. bill are also acceptable to the railroad company. It is a company which Mr. HOLMAN. Wbat about the 50,000 acres, spoken of by the gen- I know well. They are not disposed to take any unfair advantages. tleman from. Pennsylvania, in one body? It is a company which ispopularwiththe people. Itneverhassought Mr. OATES. But they have earned more than that, of course. auyunfairadvantages either of the people ofthecountrythrongh wluch · Mr. HOLMAN. But I understood my friend to state that these the road runs or of the Government; and I trust the bill will pass. lands had been sold to actual settlers. That certainly was not a sale Mr. HOL111AN. I truBt my coll6acuu.e [Mr. CoBB] will allow me t-o to actual settlers. submit the amendment. .Mr. OATES. Jtiy recollection is the lands were 8old under a quit- Mr. COBB. Mr. Speaker, I yield three minutes to the gentleman claim to give the right to cut the timber off them. from illinois [1\Ir. CANNON], reserving-the remainder of my time. .Mr. BOYLE. I have the deeds. Mr. CANNON. Mr. Speaker, I send to the Clerk's desk to be read Mr. OATES. They are only quitclaims. an amendment which I _hope to offer. Mr. BOYLE. No; they do not quitclaim; they have no resemblance The amendment was read, as follows: to quitclaims. They are an actual conveyance of title to this property. Amend by striking out "entry and," in line 11, and " without further pt·evious • Mr. OATES. Let me go on with my statement. I will come to that offering," in lines 12 and 13 of section 1. a little later on. That land down there was granted, and has been Mr. CANNON. Now, Jtfr. Speaker, if I can have the attention ot used and sold to these gentlemen, and has been used for the purpose the House for a moment, I want t-o ·say that I am heaTtily in sympathy of cutting the timber off it. There have been other purchases in that with the amendment proposed by the gentltlman from Indiana [1\Ir. locality by B:lw-mill men for the purpose of cutting timber. HoLMAN]. I feel satisfied that it is far safer to forfeit this land that M:r. COBB. I yielded to my colleague, the gentleman from Indiana has not been earned than to seek to forfeit the land that has been earned [Mr. HOLMAN], five minutes: I believe his time has expired. with these conditions and provisions. I want to say further, that my Mr. OATES. I hope the gentleman will allow me to get through amendment as to these lands to be forfeited will prevent the purchase wi.th my statement. . of them at $1.25 an acre and leave them to be homesteaded. I think ' Mr. COBB. I yield to the gentleman from Alabama [Mr. OATES] that it is now, perhaps, an open secret that we are not to have any leg­ tl"V"e minutes. islation this session repealing the pre-emption law; at least we ha\"e not Mr. OATES. It may take me a little longer. I want to state the had it, and I think there is a fair chance that that legislation will fail. facta. I do not wish to take any time unnecessarily, for I desire to see Now it is already confessed here that gentlemen who claim to own the bill pass. - large quantities of these lands are willing, and perhaps glad, to pay Thecompanyreceivedcertificationofthewholeoftheselands and held $1.25 an acre for them, and I apprehend that under this propo ed for­ the title improperJy I conceive, and it is to the credit of that company feiture, even if it were made under the amendment of the gentleman that they h:we not disposed of the quantity of land which they have .from Indiana [llr. HOLMAN], we would find parties entering -.ery Jarge earned by the construction of the road. I will not undertake to state tracts of these lands at $1.25 per acre. I hope that this amendment of the exact figures, but I have them in my desk. They have earned much mine will be adopted as well as the amendment of the gentleman frc;>m more land than they have disposed of. Thecompanydo not setup any Indiana [Mr. HoLMAN]. claim against the Government for any service rendered in the transpor- Mr. HOL11-1AN. I trust that my colleague [Air. Conn] will permit tation of tho mails, but are perfectly willing totlurrender all these lands me to offer the amendment. which they have not sold, and be released from their obligations as a Mr. COBB. I can not yield anyfuither.· land-grant company. Mr. HOLMAN. I hope the amendment will be at least -.oted upon. The effect of a forfeiture of these lands would release them as a mat- l1r. COBB. I can not yield fur any further amendments, Mr. Speaker. ter of law, because yon can not re-voke a contract as to one party, and_ I demand the previous question. leave it binding as to another, as every lawyer h."'lows. The!litissimply Mr. HOLMAN. I hope the amendment will be allowed to be re- incorporated in the bill so as to make it clear and beyond dispute that ceived. this contract is revoked except so far as these lands have been sold by Mr. COBB. I can not yield now. the company to actual purchasers who have paid for them. And the Mr. HOLMAN. My colleague must see that this bill as it stands is substitute reported by the committee confirms such purchase and also simply for the benefit of the railroad corporation. the purchase at tax-sales to the extent of 320 acres, and then gives the The SPEAKER pro tempore. The gentleman from Indiana [Ur. option or a preference to the purchasers of larger quantities than 320 COBB] insists on the previous question. acres to buy the excess at $1.25 from the Government.· Mr. HOLMAN. I insist on offering the amendment. Mr. LO~G. Just what they would pay if there had been no grant. The SPEAKER pro tempore. The question is on ordering the previ- Mr. OATES. Preciscly so. Justasifthere had beennograntatall. ous question. Mr. \VARNER, of Ohio. Do I understand the gentleman to say that The question was taken; and there were-ayes 80, noes 40. up to 320 acres the title is confirmed to actual settlers without their Mr. BOYLE. Mr. Speaker, I raise the p~int that no quorum has being required to pay any more? voted. · · Mr. OATES. Yes, sir; where the purchase has been made in good The SPEAKER pro tempore. The point is made that no quorum faith the bill provides for certification and proof to be made before the has voted. The Chair will appoint the gentleman from Indiana [Mr. register of the local land office, which must ba confirmed by the Com- Conn] and the gentleman from Pennsyl-.ania [Itlr. BoYI,E] to act a-s missioner of the General Land Office. tellers. · ' .Mr. HOLMAN. What amount has been received for these lands? The House again divided; and the tellers reported-ayes 103, noes 37. Mr. OATES. The actun.l amount received for Ian~s sold is less than I Mr. BOYLE. No quorum. $200,000. _ : Mr. OATES. I demand the yeas and nays on the motion of the gen- :Mr. BOYLE. That remains wi th the company? [ tleman from Indiana. [Mr. CoBB] for the previous question. Mr. OATES. Of course. The title of that company to all of tho e I The yeas and nays were ordered. 7512 CONGRESSIONAL RECORD-HOUSE. JULY 24,

Tbe question was taken; and there were-yeas 128, nays 37, not vot­ tlemanfromMaryland [Ur. McCoMAS]. Understandingtbathewould. ing 157; as follows: vote in tbe affirmat.ive on all land-forfeiture bills, I have voted "ay." YEAS-128. Mr. LAFFOON. I desire to announce that my colleague [Mr. Baker, Eldredge, Lanham, Sayers, STONE, of Kentucky] is sick at his room. If present, he would vote Ballentine, Ely, Lawler, Sessions, "ay." Barnes, Everhart, Lehlbacl1, Seymour, Barry Fisher, J,ittle, Singleton, Mr. WARD, of Illinois. I was p:1.ired with my colleague [Mr. HoP­ Blanchard, Foran, J,ong, Skinner, KINS]; but after this roll was called I wished to be relieved from tbe Blount, Ford, I -awry, Snyder, pair, and the gentleman from North Carolina [Mr. BENNErr] was sub­ Boutelle, Forney, Mahoney, Sowden, stituted in my place. I would like to vote on this question. Brady1 Frederick, Martin, Sta.hlnecker, Breck1m·idge, C. R. Fuller, McCreary, · Stephenson, ?tlr. BOYLE. I OQject. Breckinl'idge, WCP.Gallinger, McMiJlin, Stewart., Charles Mr. COBB. I think the gentleman bas tbe right to vote. As I un­ Burnes, Gilfillan, McRae, Stone, E. F. Bynum, Green.R.S. .Milliken, Stone, W. J., Mo. derstand, he withheld his vote on account of a misunderstanding about Campbell, Felix: Guenther, Mills, Storm, a pair. Candler, Hale, Morgan, Strait Mr. WARNER, of Ohio. He was present in his seat during tbe roll­ Ca.rleton, Hall, 1\Iorrison, Struble, Clardy, Halsell, Murph~·. Swope, call. tllements, Harmer, Neal, Taylor,J.M. Mr. BAKER. I am paired on all political questions with the gen­ Cobb, Hayden, Neece, Taylor, Zach. tleman from South Carolina [Mr. DIBBLE]. If be were here, he would Comstock, Henderson, J. S. Negley, Thomas, 0. E. Conger, Hepburn, Oates, Tillman, vote in the affirmative on this question. I desire to be recorded in the Cowles, Hilt, O'Neili,J.J. Townshend, affirmative. Cox, Holmes, Osborne, ~ Trigg,,.... Mr. TOWNSHEND. Where a gentlem·au refrains from voting be­ Crisp, Hutton, Payson, Tucker, Croxton, Il'ion, Peel, Turner, cause of a pair which be has misunderstood, or where he has, though Culberson, Jackson, Perry, Van Eaton, present, failed to bear his name called, it seems to me be is entitled to Curtin, Johnston. T.D. Pinda.r. Viele, vote. Davidson, A. C. Jones, J. H. R.amlall, Warner,A.J. Da.vid ·on,R.li.M. Jones,J.T. Reagan 'Veaver,A.J. The SPEAKER pro tempore. Tbe Clerk will read the rule on this Dingley, Ketcham, Reid,J.\v. Wellborn, subject. Dockery, Laffoon, Richardson, Willis, 'l'he Clerk re::td as follows: Doughel'ty, Laird, Romeis, 'VInans, Dunn, Landes, ad.Jer, Worthington. Upon every roll-(!all, the names of the members shall be called alphabetically by surname, except when two or more have the same surname, then the whole NAYS-37. name shall. be called; and after the roll has been once called, the Clerk shall Adams, G. E. Findlay, Johnston,J. T. Taulbee, call in their alphabetical order the names of those not voting; and thereafter Anderson, J. A. Fleeger, Kleiqer, Thompson, the Speaker shall not entertai~ a reqQestto record a. vote or announce a pair. Bayne, Funston, La. Follette, Wade, BinA"ham, Grosvenor, Lyman, "\Veaver,J.D. Mr. TOWNSHEND. The practice of tbe House bas been different. Boyle, Hemphill, :!\loffatt, Wheeler, The SPEAKER pro tempore. The Chair is of opinion that tbe gentle­ Brown,W.W. Henderson, T. J. I'arkcr, Wilson, Buck, Hermann, Price, \Voo

1886. CONGRESSIONAL :RECORD-HOUSE. 7fil3

I stated he was in the Hall and refrained from voting because he thought Mr. LAWLER. I ask by unanimous consent that the question be he was paired, but subsequently ascertained he was not paired. The acted on in that shape. Chair knows of decisions to that extent, but none where a party re­ The SPEAKER pro tempore. Is there objection·? . frained from voting because he was paired and afterward desired to Several members objected. vote. The SPEAKER pro tempore. The r~ll of absentees will now be called Mr. CANNON. On second thought, not knowing how my pair would for excuses. vote, I will record my vote. . !tlr. HISCOCK. How many members answered to their names? Mr. BOYLE. I am ad vised that I am not paired. I refrained from The SPEAKER pro tempore. One hundred and seventy, which is voting on the supposition that I was paired with !t1r. DIBBLE. · more than a quorum. The SPEAKER pro tempore. The Chair thinks the gentleman comes Mr. HISCOCK. I move then to dispanse with all further proceed­ within the rule and his vote will be recorded. ings under the call. The following additional pairs were announced from the Clerk's desk: The motion was agreed to.· Mr. BENNETT with Mr. HOPKINS, for the rest of the evening. Ur. COBB. I suppose the next thing in order will be the call of the Mr. HERBERT with Mr. SPOONER, for the evening session. roll? Mr. LE FEVRE with Mr. BUTTERWORTH, for the. rest "of the day. The SPEA.KER pro tempore. The question is on the motion of the Mr. ERMENTROUT with Mr. HIESTAND, for the night session. gentleman from Indiana for the previous question on the bill and !{.r. STONE, of Kentucky, with Mr. BRUMM, for the night session. amendments. · Mr. MAYBUBY"\\ith Mr. JOHNSON, of New York, for the evening ses- Mr. BOYLE. Mr. Speaker, will it not be necessary to carry out the sion. order of the House for the call of the roll? · Mr. GREEN, of North Carolina, with Mr. LouTTIT, for the evening ses- 'l'he SPEAKER pro tempore. If that is demanded it will b~. sion. Mr. BOYLE. The yeas and nays have been ordered, aud I ask for Mr. ELLSBERRY with Mr. HENDERSON, of Iowa. · the execution of the order. • · Mr. GEDDES with Mr. NELSON, for the evening session. The SPEAKER pro temp01·e. The Clerk will call the roll. Mr. CATCHINGS with Mr. PERKINS, for the evening seSsion. Thequestion was taken; and there were-yeas 125, nays 20, not vot­ !tJr. 0UTHW AITE with Mr. BURROWS, for the evening session. ing 177; as follows: Mr. TOWNSHEND. My colleague [:Mr. WARD] states he was paired. YEAS-125. He found out after his name was called that he was not paired. I sob- Baker, Dougherty, Landes, Sayers, mit to the Chair be is entitled to vote. . Ballentine, Dunn, Lanham, St>ymour, . Barnes, Eldredge, J.awler, Singleton, The SPEAKER p1·o tempore. If the gentleman makes that statement, Barry, F.ly, Leblba:ch, Skinner, he is entitled to vote. Blanchard, Everhart, Little, Snyder, Mr. W A.RD, of Illinois. I was paired with my colleague [Mr. HoP­ Bliss, Fisher, J.-

ThrockmOI'ton, Wlikefi.eld, West, Wise, Ric • Skinner, Taylor, L n: Warner, William Tillman, 'Yallace, White, A. C. Wolford, Riggs, m lls. ThomM, J. R. Weber, VanSchaick, ·.... Ward,T.B. White, Milo Woodburn. Robertson, Spoone1·, Thompson, West, Wade, Warner, William Whiting, Rockwell, Spriggs, Throckmorton, White, A. C. Wadsworth, Weaver,A.J. Wilkins,· Rogers, Stahlnecker, Tillman, White, :Milo Wait, Weber, Wilson, Rowell, Steele, Yan Schaick, Whiting, Ryan, tewnrt, J. '"· Viele, Wilkin , So no quorum voted. Sawyer, St. 1\lartin, 1Vadsworth, Wilson, l\Ir. WEAVER, of Iowa. I ask unanimous consent to dispense with Scott, tone, E. F. 'Vait, 'Vi I, the reading of the names. Scranton, Stone, ,V, J., Ky. Wakefield, \Volfowl, Seney, Swinburne, Wallace, ' Voodburn. Mr. BOYLE. I object. Shaw, ymes, Ward, T. B. The Clerk then recapitulated the na-mes of those ..-oting. Singleton, Taylor, E. B. Warner, A.J. The following additional pairs were announced: So the House refused to adjourn. 1.\Ir. BoYLE with l\fr. ANDERSON, of K!l.nsas. On motion of l\Ir. JACKSON, by un:mimous consent the recapitula­ Mr. WILKINS with Mr. MORRILL. tion of the names was dispensed with. The result of the vote was then announced as above recorded. The result of the •ote was then announced as abo'\e recorded. The SPEAKER pro tempore. No quorum has voted. · · The SPEAKER 1Jro tempore. The question recurs on the demand for Mr. COBB. Mr. Speaker, His evident from the call of the Honse, and the previous question, ou which the yeas and nays have been ordered. the roll-call pow, that gentlemen are here who refuse to vote, and_ there­ l\Ir. COBB. l\Ir. Speaker, I rise for the purpose of a. king to pass fore it will be impossible, I presume, to pnss this bill or anything to­ thi bill over and take up Senate bill No. 149. night. I therefore move that the House do now adjourn. [Cries of Mr. STRUBLE. I hope that will be done. "No!" "No!"] Mr. WEAVE.R, of Iowa. There ought to be no objection to that r~- Mr. WEAVEl{, of Iowa. Can not we lay this bill aside and tt\ke up quest. This is a little matter up in the State of Iowa-­ another? [Cries of"' Regular order!"] Ur. HILL. Does that require urranimous consent? The SPEAKER pro tempore. The regular order.is the question on the The SPEAKER pro tempore. It does. motion of the gentleman from Indiana. l\Ir. HILL. Then I object. The question was taken; and on a division there were-ayes 55, noes The SPEAKER pro tempore. The Clerk will call the roll. 53. . Mr. BYNUM. I desire to make a parliamentary inquiry. Mr. SOWDEN and others demanded the yeas and nays. The SPEAKER pro tempol'e. The gentleman will state it. The yeas and nays were ordered. · Mr. BYNUl\I. The roll-call ou the motion for the previous question The question was taken; and there were-yeas 23, nays 109, not vot- showed no quorum; and the roll--call just taken on the motion to ad­ ing 190; as follows: · journ also showed no quorum; I desire to know if we c..'l.n trnnsact YEA8-23. business till we get a quorum. llallcntinc, Davidson, R. H. 1\I. Landes, Reagan, The SPEAKER pro tempore. The next roll-call may show a, quorum. Blount, Eden, 1\Iartiu, Romeis, :Hr. WEAVER, of Iowa. I desire to make a statement. I know Candler, Forney, DJorgan, Trigg, Clements, Hayden, 1\iorrisou, Turner, the gentleman from Ohio [1\Ir. HILL] did not understand the object Cobb, Henderson, J. S. Oates, Ynn Eaton. of the request. [Cries of " -Regular order!"] Curtin, Hill, Price, l\fr. SOWDEN. I move that there be a call of the Hou e. NAYS-109. The motion w:as not ap;reed to. Adams, G. E. Felt.on, LaFollette, Sowden, M:r. CULBERSON. I move that the Honse do now adjourn. Anderson, J. A. Fisher, Laird, Springer, The motion was agreed to-ayes 52, noes 38. Baker, Fleeger, Lanham, Stephenson, Bayne, Frederick., Lawler, Stewart, Charles And accordingly (at 10 o'clock and 48 minutes p.m.) the Hou cad­ Bingham, Fuller, Lehlbach, Stone, ,V.J.,Mo. journed. Bliss, Funston, Lowry, Storm, Boyle, Gallinger, Lyman, Strait, Breckinridge, O.R. Gilfillan, :1\Iahoney, Struble, PETITION • ETC. Brecklnridge,WCP.Green, R. S. Markham, Swope, Brown, W. ,V, Guenther, 1\IcCrea.ry, Tarsney, The following petitions and papers were laid on the Cle:rk a desk, Bunnell, Hall, 1\icl\Iillin, Taulbee, Burnes, Halsell, McRae, Taylor, J.l\I. under the rule, and referred as follows: Bynum, Hemphill, Moffatt, Taylor, Zach. By Mr. BALLENTINE: Memorial of Joseph~!. Sowell; ofLawrence Camp~, Felix Henderson, T. J. Murphy, Thollll\S, 0. B. County, Tennessee, for payment of his w~r claim-to the Committee Carlct.on, Hepburn, Neal, Townshend, Clardy, Hermann, Neece, Tucker, on War Claims. Conger, Hiscock, O'Neill, J. J. Wade, By Mr. BYNUM: Petition of Laum Newberry, widow of Jefferson Cooper, Hitt, Osborne, Ward,J.H. Newberry, late of Company H, Eleventh Indiana Volunteers, f~r a pen­ Cowl !'1, Holman, Parker, Weaver, A. J. Cox, Holmes, Peel, Weaver, J. B. sion-to the Committee on Invalid Pensions. Croxton, Hopkins, Pindar, Wellborn, By l\Ir. CLEMENTS: Papers relating to the claim of Newton Kin­ Culberson, Hutton, Reed, T.B. Wheeler, nebrew, of Richard Tucker, executor of David Luber; of Martha N. E. Dockery, Jackson, Richar

County, and of C. M. Wellons, administrator of Solomon P. McKinnie, Mr. HOAR presented the petition of 1\Iatthew McFarlan Lewey, late. deceased, of Hardeman County, Tennessee, asking that their war claims of Company D,• Eleventh 1\Iassachusett.s Volunteers, praying to be al­ be referred to the Court of Claims-to the same committee. lowed an increase of pension; which was referred to the Committee on By_1t1r. WAKEFIELD: Petition of Philip Bardon and 136 others, Pensions. of Sibley County, Minnesota, for the passage of an act embodying the REPORTS OF CO:lDIITTElj:S. recommendations of the national committee of the Grand Army of the ·1\Ir. BLAIR, from the Committee on Education and Labor, to wh~ Republic-to the Committee on Invalid Pensions. was referred the bill (S. 2857) to grant leaveS of absence to employes By Mr. WHEELER: Papers relating to the claiin of William W. of the Bureau of Engraving and Printing, reported it with amendment. Campbell, administrator of James Campbell, of Jackson County, Ala­ Mr. BLAIR. I am _directed by the Committee on Education and bama-to the Committee on War Claims. Labor, to whom was referred the joint resolution (S. R. 6) proposing an The following petitions, asking for the passage of Honse bill7887, amendment to the Constitution in relation to alcoholic liquors and other repealing timber-culture, pre-emption, and desert-land acts; of House poisonous beverages, to report it without amend'ment, and submit a bill7021, for adjustment ofrailroad and other land grants; of bill for­ report thereon. It is the report of the majority, and there may be views feiting all railroad land grants the conditions of ·which· hav-e not been of the minority. · strictly complied with; of House bill organizing the Tenitory of Okla­ Mr. McPHERSON, from the Committee on Nav-al Affairs, to whom homa; of Senate bill opening a portion of the great Sioux reservation was referred the bill (S. 2870) for the relief of Alfred B. 1\Iullett, asked to se_ttlement; ofbill prohibiting aliens from holding land in the United to be discharged from its further consideration, and that it be referred States; of bill making Presidential and Congressional election days .to the Committee on Claims; which was agreed to. holidays, and punishing bribery; and of bill directing disbursement of at least $200,000,000Treasury surplus, and substituting Treasury notes CO~VICT L_4..BOR. for bank notes retired, were severally referred to the Committee on the Jtlr. BLAIR. I am instructed by the Committee on Education and Public Lands: Labor, to whom was referred the joint resolution (H. Res. 142) authoriz­ By Mr. BAKER: Petition of Patrick Haggarty and 24 others, citi­ ing and directing the CommissionerofLabor to make an investigation zens of the first district of Delaware. as to conv-ict labor, and for other purposes, to report it without amend­ By Mr. FARQUHAR: Petition of members. of Stephens Local As­ ment. semby, Knights of Ln.bor, of Buffalo, N. Y. As this is simply directory to the Commissioner with reference to By Mr. McCOMAS: Petition of 136 citizens of Lonaconing, and of the discharge of his duties, and requires that he may make this in­ James Finn and 24 others, citizens of Vale Summit, Md. vestigation during the present year out of funds already appropriated By 1t1r. PLUMB: Petition of Thomas M. Gent and 147 others, citi­ for the expenses of his bureau, I ask that the joint resolution be put zens of the eighth district of Illinois. on its passage. By Mr. E. F. STONE: Petition of Frank Welsh and 195 others, By unanimous consent the Senate, as in Committee of the Whole, pro­ and of William M. Ginley and 43 others, citizens of tho seventh dis­ ceeded to consider the joint resolution; which was read, as follo"\"fs: trict of Massachusetts. Resolt:ed, era.I States and '.rerritories of the United States and the Dis­ trict of Columbia, as to the methods under whieh convicts are or may uc em­ SENATE. ployed; and as to all the facts pertaining to convict labor and the influence of the same upon the industries of the country, and embody the results of such MONDAY, July 26, 188G. investigation in his second annual report to the Secreto.ry of the Interior: Pro­ dded, That the investigation hereby authorized can be carried out nnder the The Senate met at 11 o'clock a. m. appropriations made for the expenses of the Bureau of Labor for tho fiscal year Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. ending June 30, 1887. The Journal of the proceedings of Saturday last was read and ap­ The joint resolution was reported to the Senate withoutamendment, prov-ed. ordered to a third re.