2380 CONGRESSIONAL RECORD-SENATE. MARcH 16, citizens of .Morristown, N. J., praying for the establishment of post as rapidly as possible by applying for this purpose the idle surplus .now office saVings-banks-to the Committee on the Post-Office and Post in the Tre..'lSury, were presented and severally referred to the Comnnttee Roads. on Coinage, Weights, and Measures: By Mr. PffiCE: Petition of William R. Reynolds, president, and By Mr. GIFFORD: Of John Brickley and others, o.( Green Valley, others, of the Rhode Island Pharmaceutical Association, for an appro Dak. priation of $25,000 to provide for making experiments in the cultivation of foreign medicinal plants in the United States under the supervision The following petitions, praying Congress fo:r the enactment of a law of the Department -of Agriculture-to the Committee on Agriculture. req_uiring scientific temperance instruction in the public schools of the By Mr. PRICE: Memorial of the county board of supervisors of Saint District of Columbia, in the Territories, and in the Military and Naval Croix County, Wisconsin, for a law providing that railroads shall not Academies, the Indian and colored schools, supported wholly or in part charge more for carrying commodities for a. shorter than a longer dis by money from the national Treasury, were presented and severally tance-to the Committee on Commerce. refened to the Committee on Education: Also, remonstrance of citizens of Douglas County, Wisconsin, against By Mr. BURNES: Of citizens of the District of Columbia. proposed change in collection district-to the same committee. By Mr. COOPER: Of citizens of Madison, Marion, and Union Coun Also, petition of citizens and business men of Superior, Wis., for a ties, Ohio. new district to inspect boilers-to the same committee. By Mr. DINGLEY: Of citizens of Sagadahoc and Oxford Counties, Also memorial from Franklin City, Wis., concerning the abolition Maine. of the Presidency-to the Committee on the Judiciary. By Mr. ELLSBERRY: Of citizens ofHighJandand Brown Counties, By Mr. REAGAN: Petition of citizens of Houston County Texas, Ohio. praying for action to secure deep water at Galveston, Tex.-to the Com By Mr. EVERHART: Of citizens of Chester and Delaware Counties, mittee on Rivers and Harbors. PennsylYania. By Mr. SCRANTON: Petition of members of Wayne County (Penn sylvania) bar, for passage of House bill 2124, altering judicial districts of Pennsylvania-to the Committee on the Judiciary. By Mr. SENEY: Paper of H. C. Bowen relating to postage on fourth SENATE. • class matter-to the Committee on the Post-Office and Post-Roads. By :Mr. SNYDER: Petition of John W. :McCreery and others, of TUESDAY, Ma1•ch 16, 1886. Raleigh County, West Virginia, protesting against the passage of a bank rrayer by the Chaplain, Rev. J. G. BUTLER, D. D. rupt act-to the Committee on the Judiciary. The Journal of yesterday's proceedings was read and approved. Also, petition of W. A. James, A. S. Trimble, and others, of Nicho las County, West Virginia-to the Co~mittee on Invalid Pensions. FUNERAL OF REPRESENTATIVE HA.RN. By Mr. STAHLNECKER: :M:emonal of Chamber of Commerce of The PRESIDENT pro tempore announced as the members of the com New York in relation to storage of merchandise in bonded warehouses mittee on the part of the Senate to escort the remains of the late Rep to the Committee on Commerce. resent.:'ltive HAHN to the place of burial in the State of Louisiana, Mr. Also memorial of A. Foster Higgins and others, relating to foreign EUSTIS, Mr. VANCE, and Mr. BUTLER. bills of lading-to the same committee. Also, remonstrance of workingmen of Natrona, Pa., against House EXECUTIVE Co:\IMUNICA.TIONS. bill5576-to the Committee on Ways and Me:1ns. The PRESIDENT jJro tempore laid before the Senate a communica By :Mr. STEELE: Petition of Jacob Koontz and 40 others, of Brow tion from the Secretary of the Navy, transmitting, in compliance with era' Corners; of John L. F. Thomas and 40 others, of Zanesville; of I>. a resolution of January 29, 1886, copies of drawings and report of a R. Goble and 60 others, of Gobleville, and of W. F. Davis and 15 other8, recent survey of the Nicaraguan canal route made by Civil Engineer of Mill Grove, Ind., for unlimited coinage of silver-to the Committee A. G. Menocal, United States Navy; which wa8 read. · on Coinage, Weights, and Measures. The PRE.'5IDENT pro tempore. The papers are on the table of the Also, petition of Knights of Labor of ~abash, In~., for the construc Secretary-a largP- bundle. tion of the Hennepin Canal-to the Comnnttee on Rail ways and Canals. Mr. EDMUNDS. I move that the papers be printed, and, with the By :Mr. CHARLES STEWART: Petition of citizens of Newton, letter referred to the Committee on Foreign Relations. It is of great Tex. for an appropriation for continuing the work of harbor improve publi~ importance, and therefore, although they are voluminous, as I ment of Sabine Pass, Texas-to the Committee on Rivers and Harbors. know something of their nature, I think it necessary· that they sh~uld By Mr. TAULBEE: Protest of citizens of Estill Co~ty, Kentucky, be printed. against the passage of a bankrupt law-to the Comm1ttee on the Ju- The PRESIDENT pro tempore. It is moved that the communication and the a{lcompanying papers be printed and referred to the Commit- · di~u;.~. E. B. TAYLOR: Petition of citizens of Ashtabula, Ohio, tee on Foreign Relations. That order will be made if there be no ob praying for the establishment of a life-saving station at that place-to jection. the Committee on Commerce. :Mr. CONGER. Why should the matter go to the Committee on By :Mr. TOWNSHEND: Memorial of the State of Illinois, to accom Foreign Relations? pany House bill 6409-to the Committee on Claims. The PRESIDENT pro tempm·e. It is not for the Chair to answer. Ry :Mr. TUCKER: Petition of citizens of Highland County, Virginia, Mr. EDMUNDS. I will state to my friend from Michigan that the against the enactment of a bankrupt law-to the Committee on the J u- su~ject of building that canal in a foreign country, and the relations of the United States to it, has always been considered as-properly re di~ petition of citizens of Virginia, for increase .of salaries of district ferred to the Committee on Foreign Relations, as the-Senator may re judges~to the same committee. member on some recent occasions, bills reported, and all that. By Mr. A. \J. WARNER: Petition of N. A. Daniels and 62 others, The PRESIQENT pro tempo1·e. Does the Senator from Michigan soldiers and citizens of Cambridge, Ohio, asking that soldiers be paid make any motion in respect to the ~eference? · the difference between greenbacks and gold for their services during Ur. CONGER. . No, sir; I will not make any motion in regard to it. the war-to the Committee on War Claims. However, I should like to have that committee examine the subject By Mr. WHEELER: Petition of William P. Shelton, for a pension carefully, and I am willing to leave it there. to the Committee on Invalid Pensions. Mr. EDMUNDS. That we certainly shall do. Also, petition of Richard ~a.cion, for ~emoval of charge of desertion, The PRESIDENT pro tentpm·e. 'l~he communication and accompa &c.-to the Committee on Military AffaiTS. nying papers are referred to the Committee on Foreign Relations. Also petition of Mary F. Parham and of James 111. Newby, of Lime The PRESIDENT pro tempore laid before the Senate a communica.... stone County, Alabama, asking that their war claims be referred to the tion from the Secretary of War, transmitting, in response to a. resolution Court of Claims-to the Committee on War Claims. . of the 3d instant, a report of the Adjutant-General showing dates of By Mr. A. C. WIDTE: Letter relating to House bill 4728, granting transfer to the Interior Department of. abandoned and other military a pension to Elizabeth Sirwell-to the Committee on Invalid Pensions. reservations; which, with the accompanying papers, was orderecl to lie By Mr. MILO WHITE: Petition of L. C. Porter Milling Company, on the table, and be printed. for a reductiop of the duty on burlaps-to the Committee on Ways and The PRESIDENT pro tempore laid before the Senate a communica Means. tion from the Secretary of the Interior, transmitting, in compliance with Also, memorial ofthe Knight-s of Labor of Winona, Minn., in favor a resolution of December 17, 1885, information in relation to land-grant of the Hennepin Canal-to the Committee on Railways and Canals. railroads in the State of Kansas; which was read. By 111r. WHITING: Petition of Wales T. Wilder, for special-act pen The PRESIDENT pro tempore. This communication, and the accom sion-to the Committee on Invalid Pensions. panying papers, which are voluminous, will lie on the table.
Thefollowing petitions, praying Congress to place the ~inage of silver W.A.SlliNGTON GAS-LIGHT COl\fPANY. uponanequalitywithgold; thattherebeissuedcoincertiticates of one, The PRESIDENT pro tempore laid before the Senate a communica- two and five dollars, the same being made a legal tender; that one and tion from the Washington Gas-light Company, transmitting, in response two' dollar legal-tender notes be issued, and that the public debt be paid to ·a resolution of the 3d instant, certain information in regard to the 1886. CONGRESSIONAL RECORD-SENATE. 2381 . capital stock, dividends, &c., of that company; which was referred to favoring the passage of the bill (H. R. 1914) for the restoration of the Committee on the District of Columbia, and ordered to be printed. wages in the Government Printing Office; which was referred to the Committee on Printing. - PETITIONS AND MEMORIALS. He also presented petitions of Knights of Labor of Philadelphia and The PRESIDENT pro tempore presented a petition of Mrs. Lyndall, Columbia, Pa., praying for the construction by the Governmentofthe Mrs. Savage, Mrs. McNeil, and 115 other citizens of Columbus, Ohio, Hennepin Canal; which were referred to the Committee on Commerce. praying for the passage of a sixteenth amendment to the United States He also presented a petition of Lieutenant Stephen Potts Post, No. Constitution prohibiting the States from disfranchising citizens on ac 62, Department of Pennsylvania, Grand Army of the Republic, of .A.l· count of sex; which was ordered to lie on the table. toona, Pa., and a petition of William H. Keirn Post, No. 76, Grand He also presented a petition of the Dover, Ohio, monthly meeting of Army of the Republic, of Reading, Pa., praying for the pensioning oi Friends, praying for the passage of Senate bill 355, to promote peace ex-Union soldiers who were confined in confederate prisons; which were among nations, for the creation of a tribunal for international arbitra referred to the Committee on Pensions. tion, and for other purposes; which was referred to the Committee on He also presented a petitionof 11clergymen, 3physicians, 28lawyers, Foreign Relations. 17 teachers, B3 business men, and 19 officers of temperance and other Mr. EDMUNDS. I present the petition of a considerable number of societies of Susquehanna and Wayne Counties, Pennsylvania, praying clergymen, physicians, lawyers, teachers, business men, and officers of for the enactment of a law requiring scientific temperance instruction temperance and other societies, all residing in the Stat.e of Vermont, in schools under Federal jurisdiction; which was ordered to lie on the praying for the enactment of a law requiring scientific temperance in table. struction in the public schools of the District of Columbia and the Mr. HARRIS presented the memorial of Dr. J. R. Iler, of Protemns, Territories, and in the Military and Naval Academies, and the Indian Tenn., remonstrating against any increase of postage on fourth-class and colored schools supported wholly or in part by money from the mail matter; which was referred to the Committee on Post-Offices and national Treasury. I believe thn.t bill has been reported. Post-Roads. M:r. :MORRILL. Favorably. He also presented the petition of Franklin Rives and others, proprie Mr. EDMUNDS. Favorably. I ask that the petition be laid on the tors of the Congressional Globe building and grounds, in Washington, table, and I hope the committee having the bill in charge will get it up praying for the purchase of that property for the use of the Govern as soon as possible. ment Printing Office; which was referred to the Committee on Print The PRESIDENT pro tempore. The petition will lie on the table. ing. lli. DOLPH presented a petitionofKnightsofLaborofSalem, Oreg., He also presented the petition of Dr. 0. M. Wozencraft, praying for praying that liberal appropriations be made from the surplus revenue quarantine regulations against infected cattle; which was referred to for the construction of works of internal improvements of national im the Committee on Agriculture and Forestry. portance, and heartily indorsing the plan for the construction of the Mr. DAWES presented petitions of Knights of Labor of North Adams Hennepin Canal by the National Government; which was referred to and Rockport, in the State of Massachusetts, praying for liberal appro the Committee on Commerce. priations for public works, and especially for the speedy construction Mr. MILLER presented a petition of several hundred citizens of Erie of the Hennepin Canal; which were referred to the Committee on Com County, New York, praying for the enactment of a law requiring sci merce. entific temperance instruction in schools under Federal jurisdiction; Mr. BLAIR. I present a petition of Post No. 69, Grand Army of which was ordered to lie on the table. the Republic, Department of Missouri, praying for legislation in ac Mr. CHACE presented a petition of 11 clergymen, 4 physicians, 1 cordance with the recommendations of the national pension committee lawyer, 27 teachers, 42 business men, and 48 officers of temperance and of the Grand Army of the Republic with relation to pensions, which other societies of Providence County, State of Rhode Island, praying for are set forth in the petition itself. I move that the petition be re the enactment of a law requiring scientific temperance instruction in ferred to the Committee on Pensions. school!'! under Federal jurisdiction; which was ordered to lie on the table: The motion was agreed to. Mr. HALE presented the petition of S. G. Haskell and other citizens Mr. BLAIR. I present the petition of Prosperity Local Assembly of Deer Isle, Me., praying for legislation to protect American merchant No. 3611, Knights of Labor, of New Hampshire, praying for the or vessels from undue exaction for pilotage;· which was referred to the ganization of a Territorial form of government over the Indian Terri Committee on Commerce. tory, the opening up of the Indian Territory to settlement under the He also presented a petition of Knights of Labor of Portland, Me., homestead laws, the allotment of lands in severalty to Indians on their praying for legislation in favor of the construction of works of internal present reservations, and the purchase of the surplus lands of the res improvement of national importance, and especially for the construction ervations, to the end that the land may be saved from speculators. I of the Hennepin Canal by the Government; which was referred to the move that the petition be referred to the Committee on Indian Affairs. Committee on Commerce. . The motion was agreed to. · Mr. ALDRICH presented a petition of Knights of Labor of Provi ~Ir. BLAIR. I also present the petition of David Morrison, of Ray dence, R. I., praying for the construction by the Government of the mond, N. H., who is connected with the Grand Army of the Republic, Hennepin Canal and other works of internal improvement; which was Post No. 51, in that State, in which he sets forth his views upon some referred to the Committee on Commerce. public questions of the day, and desires their proper consideration. I Mr. WILSON, of Maryland. I presentapetition of Knights of La move that the petition be referred to the Committee on Pensions. bor of Baltimore, Md., praying that the Government make liberal The motion was agreed to. appropriations of the surplus revenue for the construction of works of 1tlr. BLAIR presented a memorial of Knights of Labor of Nashua, internal improvement and of national importance, and among other N. H., remonstrating against the repeal or amendment of the mechan works for the construction of the Hennepin Canal and the Chesapeake ics' lien law now in force in the District of Columbia; which was re and Delaware Canal. I move tha.t the petition be referred to the Com ferred to the Committee on the District of Columbia. mittee on Commerce. Mr. INGALLS. I present resolutions adopted by the Knights of The motion was agreed to. · Labor of the town of Muscotah, in the State of Kansas, duly authen :Mr. COCKRELL presented the petition of Urs. Charlotte A. Cleve ticated by the signatures of its officeTI'l and the seal of the assembly, land, 1t1rs. Henry Stagg, and 42 other citizens of Saint Louis, Mo., praying for aid in the construction of the Hennepin Canal. I move praying for the passage of a sixteenth amendment to the United States that the resolutions be referred to the Committee on Commerce. Constitution prohibiting the States from disfranchising citizens on ac The motion was agreed to. count of sex; which was ordered to lie on the table. Mr.lNGALLS presented resolutions adopted by Knights of Labox :Mr. HARRISON presented a petition of Knights of Labor of Michigan of Topeka and Harper, in the State of Kansas, praying for the construc City, Ind., praying that liberal appropriations be made for public works, tion by the Government of the Hennepin Canal; which were referred and especially for the construction by the Government of the Hennepin to the Committee on Commerce. · Canal; which was referred to the Committee on Commerce. Mr. INGALLS. I present the petition of Moses Ke-o-kuk, Ma,-ko He also presented a petition of Rush Creek monthly meeting of Friends, se-t.o, Nom-on-noy, and Charles Keokuk, chiefs and headmen of the State· of Indiana, praying Congress to pass the bill (S. 355) to promote Sac and Fox. Indians, now located in the Indian Territory, praying for peace among nations, for the creation of a tribunal for international legislation to carry out the stipulations of the treaty of October 14, arbitration, and for other purposes; which was referred to the Commit 1868. I move the reference of the petition to the Committee on In- tee on Foreign Relations. dian Affairs. - He also presented a memorial of the board of commissioners of Idaho The motion was agreed to. County, Idaho, remonstrating against the annexation of the northern Mr. WILSON, of Iowa, presented the petition of Paton monthly meet part of Idaho Territory to Washington Territory or State; which was ing of Friends, in Greene County, Iowa, praying for the passage of Sen referred to the Committee on Territories. ate bill 355 to promote peace among nations and for the creation of a Mr. ·ciliERON presented resolutions of the Board of Trade of Will tri9unal-for international arbitration, and for other purposes; which iamsport, Pa., remonstrating against any reduction of the duty on was referred to the Committee on Foreign Relations. manufactured lumber; which were referred to the Committee on Fi Mr. PAYNE presented a petition of 21 clergymen, 25 physicians, 22 nance. lawyers, 31 teachers, 210 business men, and 27 officers of temperance He also presented a :petition of Knights of Labor of Pittsburgh, Pa., and other societi~, of the State of Ohio, praying for the enactment of a 2382 CONGRESSIONAL RECORD-SENATE. MARCH 16, law requiring scientific temperance instruction in schools under Federal 1\Ir. BLACKBURN introduced a bill (S. 1890) forthereliefof A. L. juri.c;diction; which was ordered to lie ou the table. Shotwell; which was read twice by its title, and referred to the Com M.r. ALLISON presented a petition of 16 clergymen, 9 physicians, 3 mittee on Claims. lawyers, 18 teachers, 156 business men, and 16 officers of temperance He also introduced a bill (S. 1891) for the relief of D. W. Price; and other societies of Clayton, Howard, Mitchell, and Fayette Coun which was read twice by its title, and referred to the Committee on ties, in the State of Iowa, praying for the enactment of a law requiring Claims. scientific temperance instruction in schoola under Federal jurisdiction; He also introduced a bill (S. 1892} granting an increase of pension, which was ordered to lie on the table. by way of arrears, to Maria A. Rousseau; which was read twice by its Mr. COKE presented a memorial of citizens of Sweetwater, Tex., re title, and referred to the Committee on Pensions. monstrating against the proposed increase of the rate of postage on Mr. WILSON, of Maryland, introduced a bill (S. 1893) for increase fourth-class mail matter; which was referred to the Committee on Post- of pension of E. M. Wyman, widow of Robert Harris Wyman, late a Offices and Post-Roads. · rear-admiral in the United States Navy; which was read twice by its He also presented a petition of Knights of Labor of Marshall, Har title, an~, , with the accompanying papers, referred to the Committee rison County, Texas, praying that liberal expenditures of the public on Pens1ons. money be made in works of public improvement and for the passage of :Mr. DOLPH intmduced a bill (S.1894) to amend an act entitled "An a bill proTiding for the construction of the Hennepin Canal; which was act to declare forfeiture of certain lands granted to aid in the construc referred to the Committee on Commerce. tion of a railroad in Oregon," approved January 31, 1885; which was REPORTS OF COllfifiTTEES. read twice by its title, and referred to the Committee on Public Lands. Mr. DAWES (by request) introduced a bill (S.1895) authorizing the ~fr. MORRILL. I am directed by the Committee on Finance, to Secretary of the Interior to create a commission to try and to dispose of whom was referred the bill (S. 477) toallowd.rawbackonimportedm& claims for citizenship in the Cherokee, Choctaw, Creek, Chickasaw, and terials used in the manufacture of tobacco, snuff, and cigars exported Seminole Indian Nations; which was read twice by its title, and referred from the Upited States, to report it adversely, and to ask that it be in to the Committee on Indian Affairs. definitely postponed. Mr. COCKRELL introduced a bill (S.1896) to" regula.te the practice Mr. ALDRICH. As the Senator fi:om Virginia [Mr. MAHONE], who in adjusting claims in the Pension Office and proceedings in cases of is interested in the subject, is now absent from the Chamber, I suggest appeal in pension claims from decisions of the Commissioner of Pensions that the bill be placed upon the Calendar. to the Secretary of the Interior; which was read twice by its title, and Mr. MORRILL. Let it go upon the Calendar. referred to the Committee on Pensions. The PRESIDENT p1·o tempore. The bill will be placed on the Cal endar with the adverse report of the committee. Mr. WILSON, of Iowa, introduced a bill (S. 1897) granting a pension Mr. MORRILL. I am directed by the Committee on Finance, to to Alexander Trimble; which was read twice by its title, and referred whom was referred the bill (S. 476} to repeal section 3151 of the Revised to the Committee on Pensions. 1tfr. CONGER introduced a bill (S. 1898) granting to the city of Mar Statutes of the United States concerning inspectors of tobacco and quette, Mich., certain lands for a public park; which was read twice by cigars, to report it adversely. I may say that the chief feature of the its title, and referred to the Committee on Commerce. bill is to make a change so that the Government will have to assume the expense of inspection instead of the manufacturer and the exporter. PAPERS WITHDRAWN AND REFERRED. The committee thought that as the matter is entirely under the control On motion of Mr. MITCHELL, of Oregon, it was of the Co.rnmissioner of Internal Revenue as to fees, they might be re Ordered, That the papers in the case of .Jacob Fritz, of The Dalles, Oreg., be duced to any point, if they are exorbitant at the present time, so as to taken from the files and referred to the Committee on Claims, there being no make them less exorbitant. Therefore the bill is reported adversely, adverse repo~·t. but I ask that it may be placed on the Calendar. The PRESIDENT pro tempore. The bill will be placed on the Cal RAILROADS IN CHARGE OF UNITED STATES COURTS. endar with the adverse report of the committee. Mr. CALL. Yesterday the Senator from New York [Mr. EVARTS] Mr. BLAIR, from the Committee on Pensions, to whom was referred from the Committee on the Judiciary, reportedadverselythe bill (S. 8i0) the bill (S. 674) granting an increase of pension to Mrs. Ellen M. Mitch to provide that where any railroad property is taken into the possession ell, reported it without amendment, and submitted a report thereon. of any United States court; and such railroad shall nothave been com He also, from the same committee, to whom was referred the bill (S. pleted, the net earnings of said railroad shall be applied to the comple 1363) granting a pension to William Blanchard, reported it without tion of the same, and the bill was indefinitely postponed. I ask that amendment, and submitted a report thereon. the vote by which the bill was indefinitely postponed may be recon He also, from the same committee, to whom was referred the bill (S. sidered and the bill pla~d on the "Calendar. 231} grantin~ a pension to Jennette S. Kent, reported it with amend-. The PRESIDENT pro tem,pore. If there be no objection the order by ments, and submitted a. report thereon. which the bill was indefinitely postponed will be reconsidered and the He also, from the same committee, reported a bill (S. 1886) for there bill will be placed on the Calendar with the adverse reportofthe com lief of soldiers of the late war honorably discharged after six months' mittee. The Chair hears no objection. service, who are disabled and dependent upon their own labor for sup PE.NSIONS OF WIDOWS AND DEPENDENT RELATIVES. port, and of dependent parents of soldiers who died in the service or from disabilities contracted therein; which was read twice by its title. Mr. VAN WYCK. I move that the Senate proceed to the considera Mr. COCKRELL, from the Committee on Military .Affairs, to whom tion of House bill 545. was referred the bill (S. 1490) to amend article 103 of the Rules and Mr. DOLPH. I wish to suggest that three or four weeks Rr_,o-o there Articles of War, reported it with au amendment, and submitted are was a little bill that w~ up and partly considered in the morning hour, port thereon. and it would not take more than five orten minutes to dispose of it. GOYERl\"'MENT SURVEYS, ETC. I hope the Senator from Nebraska will give way. Mr. ALLISON. The joint commission appointed under the act of ~fr. VAN WYCK. I trust the pe;nsion bill will only take a few min July 7,1884, consisting of three members of the House and three mem utes. There is nothing further to do about it, I think. bers of the Senate, to consider the organization of the Signal Service, The PRESIDENT pro tempon. The question is on the motion of the the Coast and Geodetic Survey, the Geological Survey,:and the Hydro Senator from Nebraska. graphic Office of the Navy Department with a view to secure greater The motion was agreed to; and the Senate, as in Committee of the efficiency and economy of administration, instruct me to report the testi Whole, resumed the consideration of the bill (H. R. 545) to increase the mony and to ask that it may be printed. I will say that at no distant pensions of widows and dependent relatives of deceased. soldiers and day we hope to make a further report upon the subject. sailors. The PRESIDENT pro tempo're. The Senator from Iowa, fron.t the 1\fr_ MANDERSON. I offer an amendment at the request of the Sen joint commission indicated by him, submits the testimony taken by the ator from Connecticut [Mr. HAWLEY], which I send to the desk to be commission, and asks that it be printed. That order will be made if read. The amendment is to come in at the end of section 2 of the bill. thore be no objection. The PRESIDENT pro tempore. The proposed amendment will be BILLS INTRODUCED. read. The SECRETARY. At the end of section 2 it is proposed to add: Mr. CULLOM introduced a bill (S. 1887) for the relief of certain Prot-ided, That this section shall not be construed to apply to the adjutant persons who were discharged from the military service of the United general of a State or any other agent of a State authorized by the laws thereof States because they were minors; which was read twice by its title, to serve free of charge as the p ension agent of the soldiers or ex-soldiers of said and referred to the CoiD.DUttoo on Military Affairs. State. He also introduced a bill (S. 1888) granting a pension t o Nathan The PRESIDENT pro tempore. · The question is on 3oareeing to the Collins; which was read twice by its title, and, with the accompany amendment. ing papeTS, referred to the Committee on Pensions. ~ :Mr. :AIANDERSON. I am informed by the Senator from Connecti 1t1r. CALL introduced a bill (S. 1889) for the relief of Anna D am cut, at whose request I present the amendment, that in Connecticut and mett, sister and only heir of Capt. Douglass Dummett, deceased, late in several other States of the Union the adjutant-general of the State a pensioner of the United States, for injuries received in the old Flor is by law required .to give attention free ~f charge to all pension cases ida and Indian war; which was read twice by its title, and referred to arising within the State. Section 2, if it shall p~ without this pro the Committee on Pensions. viso, would seem to prevent the operation of such State Jaws and this 1886. CONGRESSIONAL RECORD-SENATE. 2383 gratuitous action on the part of the adjutant-general. I therefore hope Mr. DOLPH (after having voted in the affirmativ~). It slipped my that the proviso will be added to the section. mind for the moment that I am paired with the Senator from Maryland Ur. VAN 'VYCK. There can be no objection to that. [Mr. GoRMAN]. Therefore I ask leave to withdraw my vote. I do Mr. MILLER. Let it be I'ead again. not know how the Senator from Maryland would vote on the pending The PRESIDENT pro tempore. The amendment will be again read. question. The Secretary read the amendment of 1rlr. MANDERSON. Mr. COCKRELL. My colleague [Mr. VEST] is still detained from 1 The amendment W!lS agreed to. the Senate by illness. He is paired with the Senator from Kansas [Mr. The bill was reported to the Senate as amended. _ PLu~rn], and the Senator from Kansasnot being present I do not know The PRESIDENT pro tempore. The question is on concurring in the how they would vote. amendments made as in Committee of the Whole. 1.1r. PIKE. I am paired with the Senator from Mississippi [Ur. Mr. INGALLS. I move that the Senate disagree to the amendments GEORGE]. made as in Committee of the Whole. The result was announced-yeas 24, nays 20; as foHows: . The PRESIDENT p1·o tempore. The question will be put on concur YEAS-24. ring in the amendments. The Chair supposes that will present the Aldrich, EvarL~, Manderson, Spooner, question the Senator from Kansas wishes. Blair, Frye, Mitchell of Oreg., Stanford, Call, Gray, Palmer, Teller, Mr. INGALLS. That will present the question. Conger, Harrison, Sawyer, VanWyck, The PRESIDENT pro tempore put the question on concurring in the Cullom, Logan, Sewell, Voorhees, amendments and decln.red that the noes appeared to prevail. Dawes, 1\Icl\1illan, Sherman, Wilson of Iowa . Mr. VAN WYCK. I ask for the yeas and nays. NAYS-20. The yeas and nays were ordered. Allison, Cameron, Hampton, Payne, Berry, Chace, Harris, Pugh, Mr. HALE. How many amendments are there? Blackburn, Cockrell, Ingalls, Vance, The PRESIDENT pro ie1npore. Three. Brown, Coke, Jackson, Walthall, Mr. HALE. Can the vote be taken on all at once? Butler, Gibson, Jones of Arkansas, Wilson of 1\Iu. The PRESIDENT pro tempore. It can by general consent, or any ABSENT-31. Senator may ask for a separate vote on each amendment. Beck George, McPherson, Platt, Bow~n. Gorman, 1\iahone, Plumb, 1\Ir. HALE. I should like to have the amendments read. Camden, Hale, :Maxey, Ransom, The PR&SIDENT pro tempore. The amendments will be read. Colquitt, Hawley, Miller, Riddleoergel·, Mr. INGALLS. I understand that there are two amendments. Dolph, Hoar, Mitchell of Pa., Sabin, Edmunds, Jones of Florida, Morgan, Saulsbury, The PRESIDENT pro tempore. There are three amendments. Eustis, Jones of Nevada, . Morrill, Vest. 1\Ir. INGALLS. One reported by the committee and two offered by Fair, Kenna, Pike, the Senator from Nebraska [Mr. VANWYcK]. So the amendments were concurred in. The PRESIDENT pl'o tempore. One reported by the committee, one Mr. INGALLS. I voted against the amendments, not because I was offered by the senior Senator from NelJraska [Mr. V .AN WYcK], and opposed to the principle, but because I did not desire to delay aetion one by the junior Senator from Nebraska [Mr. J.LL~DERSON]. · upon the bill as it came from the House. The bill having been amended, Mr. INGALLS. Let them be read. the objection of com-se is now avoided; the bill is to return to the House Mr. HALE. Let us first have the amendments read that C.'tme from and further amendments are germane and appropriate. I, therefore, the committee with its sanction. move to amend the bill by inserting what I send to the desk. The PRESIDENT pro tempore. The committee amendment will be The PRESIDENT pro tempore. The amendment proposed by the first read. Senator from Kansas will be read. · The SECRETARY. The amendment reported by the Committee on The SECRETARY. It is proposed to add at the end of the bill the fol Pensions and agreed to as in Committee of the Whole was, in section lowing additional section: 1, line 7, after the word "month," to strike out: SEC. -. That section 2 of the act of March 3, 1879, chapter 187, entitled "An And nothing herein shall be construed to affect the existing allowance of li2 act making appropriations for the payment of the arrears of pensions granted per month for each child under the age of sixteen years. by act of Congress approved January 25,1879, and for other purposes," be, and And to insert: the same hereby is, -amended so as to read as follows: •' SEc. 2. That all pensions which have been or which may hereafter be g·ranted .A.nd in addition thereto the pension of widows shall be increased at the rate in consequence of dellith occurring from a ca.usewhich originated in the sen· ice of$4 per month for each child under the age of eighteen years, of the husband since the 4th day of March, 1861, or in consequence of wounds or injuries re on account of whose death the claim has been or shall be granted, which shall ceived or disease contracted since that date, shall commence from the death or be in lieu of the rate of $2 per month allowed by existing law for children under discharge of the person on whose account the claim has been or is hereafter the age of sixteen years; and when such child or children shall, under section grnnted,.if the disability occurred prior to discharge, and if sueh disability oc 4703 of the R evised Statutes, receive less than $4 per month, such child orchil curred after the discharge, then from the date of actual disability, or from the dren shall, in addition, be pnid so as to make such pension 54 per month. termination of the right of the party having prior title to such pension ; and in Mr. INGALLS. Now let us have the other amendments read for in the consideration of any and all claims for pensions in consequence of death from or for disability resulting from disease contracted in the serviced uring the formation. late civil war, the person on whose account the said pension is cl:1imed shall be The PRESIDENT pro tempm·e. They will be read. conclusively presumed to have been sound and free from disease at the date of The SECRETARY. The secondamendmentis, after the word" month," entering the service." in line 20, to add: The PRESIDENT p1·o tempore. The question is on agreeing to the And in case said minor child is insane, idiotic, or otherwise helpless, that the amendment proposed by the Senator from Kansas [Mr. INGALLS]. said pension shall continue and be paid during the existence of either of said disabilities. M:r. LOGAN. Mr. President, I have a word to say on that amend ment. I was very anxious when the bill came from the House, and so The PRESIDENT pro tempore. The remaining amendment will be stated, that it should be taken up and passed as the House passed it. read. The Senator having it in charge, however, was desirous to have certain The SECRETARY. At the end of section 2add the following proviso: amendments made to it for the betterment of the bill; I presume that Prot."ided, That this section shall not be construed to apply to the adjutant general of a State or any other agent of a. State authorized by the laws thereof was his intentio::1; and he persisted in offering them against the protest to serve free of charge as the pension agent of the soldiers or ex-soldiers of said of quite a number of Senators who were very anxious for the bill to State. pass as it came from the House. _ The PRESIDENT pro tempm·e. The question is on concurring in I find no fault whatever 'fith that, sir; but if one amendment can be these amendments, on which the yeas and nays have been ordered. agreed to by the other House another amendment which is right should Mr. COCKRELL. If the amendments are concurred in, will it be be added; and if any amendment that has been offered to the bill is of in order then to add to them? itself entirely consistent with the idea of pensions and correct in every The PRESIDENT pro te1npore. The bill will still be open to amend proposition, it is the amendment offered now by the Senat-or from Kan ment. It would not be in order to strike out parts of the amendments sas. Why? It proposes that pensions shall commence from the date already adopted. of the discharge where the disability occurred prior to the disch:uge, Mr. INGALLS. But the bill will still be open to amendment? and where the disability occurred subsequent to the discharge, then that The PRESIDENT p ro tempore. The bill will be open to amendment. the pension shall commence at the date of the disability. The Secretary will call the roll on the question of concurring in the I desire to ask but one question. Why should not a pension com amendments made as in Committee of the Whole. mence at the date of the dis:tbility? What does a law granting a pen The Secretary proceeded to call the roll. sion mean? It means that n, pension shall be granted for a disability. J..Ir. HALE (when his name was called). I am paired with the Sen At what time shall it be granted? The man is entitled to the pension ator ii·om Kentucky [Mr. BECK]. the very day the disability occur::;, and why? Because of the disability. Mr. MAXEY (when his name was called). I ·am paired with the If he is entitled to the pension beca.usz of the disabilHy then he is en Senator from Connecticut [Mr. HAWLEY]. Ifhe were present, he would titled to it from the commeneemen t of the disability. vote "yea" and I should vote "nay." The only argument that can be made against this proposition is tbe The roll-c.'tll was concluded. amount of money it takes. There is no soundness in that argument, Mr. CULLOM. I desire to state that the Senator from Connecticut because if the party had n,pplicd fur a pension when the disability oc [Mr. P.LATT] is at his room sick, and he instructed me to say that ifhe curred he then would l1ave l"eceiYed tbe amount of money that he was were present he w~uld vote against these amendments. entitled to under the law, which bas since been only accumulating in 2384 CONGRESSiONAL RECORD-SENATE. MARcH 16, the Treasury to his credit, ifthe Congress ofthe United States are willing The PRESIDENT pro te-mpore: The question is on the adoption of to adopt the principle that ought to be applied to all pensions. the amendment proposed by the Senator from Kansas [Mr. INGALLS]. Will any one tell me that if a man loses his arm or his leg in battle Mr. LOGAN called for the yeas and nays, and they were ordered. he is not entitled to a pension the very moment he receives that wound? Mr. McPHERSON. Let the amendment be again read. Under the law he is; and if he is entitled to that pension at the mo The PRESIDENT pro tmnpore. The amendment will be read. ment be receives that wound I should like to know why is he not en The Secretary read the amendment proposed by Mr. INGA.LLS. titled to the pension relating back to the time be received the wound? Mr. COCKRELL. I find in the Revised Statutes of 1873 that section There is no reason, as I said, except the reason that it takes more money. 4709 reads as follows: That is no argument; it is the argument that a man would himself SEc. 4709. All pensions which have been, or which may hereafter be, granted make against paying a debt because it had run so long that he thought in consequence of death occurring from a cause which originated in the service since the 4th day of March, 1861, or in consequence of wounds or injuries re it ought to be forgiven. ' , ceived or disease contracted since that date, shall commence from the death or Now, is the Government going to say to men who are entitled to pen discharge of the person on whose account the claim has been or is hereafter sions, "You did not apply for your pension five years ago, and there granted, or from the termination of the right of party having prior title to such pension; provided the application for such penstonhasbeenor is hereafter filed fore you are not entitled to it?" Why are they not entitled to it? with the Commissioner of Pensions witbin five years after the right thereto has They are not entitled to it merely because Congress has passed an act accrued ; otherwise the pension shall commence from the date of filing the last providing that unless a pension is applied for at a certain time the evidence necessary to establish the same. But the limitation herein prescribed shall not a.pply to claims by or in behalf of insane persons and children under amount of money due the party shall be retained in the Treasury of the sixteen years. · United States; in other words, it is a statute of limitation on a man's leg. A man has lost a leg or an arm, and a statute of limitation is passed by That, I believe, was enacted about 1868. I have not had tiQie to Congress against that man's leg or arm that is gone; that is, that he refer to the original statute. I find that section 4717 reads as follows: shall not receive pu.y for it unless he applies at a certain time. SEc. 4TI7. No claim for pension not prosecuted to successful issue within five years from the date of filiug the same shall be admitted without record evidence There are many reasons for applications not being made. What are from the War or Navy Department of the injury or the disease which resulted they? J.Iany men say, "I do not want a pension; I will not ask the in the disability or death of the person on whose account the claim is made: ., · " 'ub ? "I 1· •th t •t " That Provided, That in any case in which the limitation prescribed by this section Go. vernment .tOr a pens10n. " Y · • . can lVe ":1 ou 1 · bars the further prosecution of the claim, the claimant may present, through IS one reason. I could say-but I dislike to mention myself-that I the Pension Office, to the Adjutant-General of the Army, or the Surgeon-Gen wn.s entitled to a pension early in the war and have been ever since, e~l. of the Nf:WY, evidence that the disease or injury wh~ch !esulted in. tl;le dis but I have never as]~ed for it and never expect to· hut if I was to ask 1 !lbthty or ~eath of. the pe:rson on whose ac<;0unt the ~hnm 1!'1 made, or1g1I!ated . ~ ' . m the servtce and m the line of duty ; and tf such evtdence lS deemed sattsfac- for 1t I should take 1t for granted at least that I was entitled to a pen- I tory IJy the 6fficer to whom it may .be submitted, he shall cause a record of the sion the day I received my wound, for it would be for the wound that Ifa?t ~o proved to ~e made, and a copy of the same to be transm~tted to the Com the pension would be gran~. I only ref~r. to this as an illustration. ~~:~;~d~ Penstons, and the bar to the prosecution of the clatm shall thereby Other gentlemen here are m the same position. Some men who have S t• .d . · pensions have them becanseoftheirwounds. Why, then, if they have ec 100 4713 proVI ~· ...... them because of their wounds should the pension not commence at the SEC. 4~13. I~ all cases m whtch the cause of di.S3.bihty or ~eat!J orJgmate~ m • . ' • . . • . the serv1ee pnor to the 4th day of March, 1861, and an applicatiOn for penston time the wound was received or the disability ":as mcurred? I should shall not have been fl.led within 'tl;lret: years from t~e <_lischarge or death of the like to know. person on whose a.ccount the clatm ts made, or w1thm three years of the ter I will say that no bill ever passed Congress that benefited the people mination of a pension previ~msly granted on a{)()ount of the servke .and death . of the same person, the penston shall commence from the date of fllmg by the of the Umte.d States more for the amount of money that was embraced party prosecuting the claim the last paper requisite to establish the same. But in it than the arrearage-of-pensions act when it passed. It distributed no cl!lunallo.wed prior to the 6th day of .June, 1866, shall be affected by anything the money among the peQple who were entitled to it and relieved their herem contamed. wants and necessities, and, in fact, as is well known, at that very time Those provisions were in force for a long series of years, and I be the general distribution of that sum wail not only a benefit to those who lieve there is scarcely a class of claims of any character as to which were the recipients of the fund, but it was a general benefit to the coun- there is not a limitation. Claims originating under the act of July 4, try at the time. It increased the prosperity of the people. I would· 1864, not presented prior to the 1st day of January, 1880, are barred, not throw money out of the Treasury merelyforthatpnrposej I would and they can not be prosecuted now. Claims for horses lost by soldiers not ask anyone todoitonthataccount, butbecauseibelieveitis honest in action during the war are also .barred, and various others; and it and just to those men who are entitled to pensions that the pension seems that up to 1879 it was the uniform policy of the Government, should commence with the commencement of the disability or injury the uniform policy of all parties in power up to that time, to have some at whatever time that may have been. limitation as to these matters. Now, sir, if a contra~t exists between the Government and tbe sol- I find another limitation in the statutes which works a very grave dier, as does under a law enacted many years ago, what is it? There . injury t<> many soldiers in Missouri. Section 4722 provides: is an agreement between the Government and the soldier that if he SEc. 4722. The provisions of this title are extended to the officers and privates enlists in a war the Government will pay him a pension for injuries • of the Missouri State militia, and the provisional Missouri militia, disabled by that he may receive during the term of service whether those iniuries re~o,n of injury recei.ved o~ disea.se contracted in the line of. duty whil~ such -t fr ds f disa' bil. '· fr h " mtlitla was co-operatmg wtth Umted .States forces, and the wi
llr. INGALLS. Now I ask unanimous consent to withdmw the The motion was agreed to; and the Senate, as in Committee of the amendment I offered. Whole, proceeded to consider the bill (S. 9) to fix the day for the meet .MIA BUTLER. We will :ill go down together, and of coruse I with ing of the electors of President and Vice-President, and to provide for draw mine. and regnla.te the counting of the votes for President and Vice-President The PRESIDENT pro tempore. The Senator from Kansas asks leave and the tlecision of questions arising thereon. to withdraw the amendment offered by him. If there be no objection the amendment is withdrawn. The Senator from South Carolina also UMATILLA INDIAN LA. "'DS. withdraws his amendment. The question is on the third reading of Mr. DOLPH. I ask the Senator from "Massachusetts to give way for the bill. a few moments until Order ofBusiness 134, being the bill (S. 1210) au The bill was ordered to a third reading, and was read the third time. thorizing the Secretary of the Interior to make sale of certain lands of Mr. INGALLS. The amendment proposed by the committee is not the Umatilla Indian reservation, in Oregon, to WilliamS. Byers and agreed to? others, and to issue patent thereforr is taken. up and the consideration of The PRESIDENT pro te1npore. All the amendments are disagreed it concluded. It was partly considered about three weeks since. to. The billstandsjustas it came from the House of Representatives. Mr. HOAR. I will yield to the Senator for that purpose, reserving The question is on the passage of the bill. my right if the bill takes any long debate to object to its continuance. The bill was passed. The PRESIDENT pro tempore. The Senator from Massachusetts Mr. CONGER. Should not the title be amended? yielding, the Senator from Oregon asks for the consideration of the bill The PRESIDENT pro tempore. There has been no amendment made named by him. to the bill requiring a change of the title. There being no objection, the Senate, as in Committee of the Whole, 1\IESS.AGE FROM THE HOUSE. resumed the consideration of the bill. The PRESIDENT p1'o tempore. The amendment of the Senator from . A message from the House of Representatives, by Mr. CLARK, its Vermont [Mr. EDMUNDS] to the amendment of the Committee on In Clerk, announced that the Speaker of the House had appointed Mr. dian Affairs is still pending. It will be read. Lours ST. MARTIN, ofLouisiana; lfr. ~B. IRION, of Louisiana; lfr. The SECRETARY. After the word ''heretofore'' it is proposed to in C. P. SNYDER, of West Virginia; Mr. W. W. ELLSBERRY, of Ohio; sert "lawfully;" so as to read: Mr. F. D. ELY, ofMa.ssachusetta; Mr. G. W. E. DORSEY, of Nebraska, Provided, That this act shall in no way impair or affect any existing right too. and llfr. JosEPH LYMAN, of Iowa, the committee on the part of the :z;easonable use of the water of said.strea.m for agricultural purposes, nor shall House to join a similar committee on the part of the Senate to take confirm or grant any right to use the wat-er thereof in any manner nor to any order for superintending the funeral of Hon. Mrcn.AEL HAHN and to extent beyond or difl"erent from that to which it has been heretofore lawfully ap escort the remains of the deceased to the place of burial. propriated. Tne message also announced that the House had passed a bill (H. R. Mr. DOLPH. The amendment was moved under a misapprehension 4982) to enable the Public Printer to continue in effect the provisions of the facts. It would destroy the entire purpose of the bill. of the joint resolution entitled "Joint resolutionauthorizing thePub As was stated by the Senator from Massachusetts [Mr. DAwES}, the lic Printer to remove certain material from the Government Printing ditch was constructed a mile in length, and a grist-mill was constructed Office," approved February 6, 1883; in which it requested the concur at a cost of $100,000 under a license from the Interior Department, a rence of the Senate. license which is revocable. The present owners of the mill purchased STEAMSHIP OZAM.A. the property supposing that it was a permanent rjght. Therefore if Mr. FRYE. Order of Business 261, being the bill (H. R. 5219) to the word "lawfully" is inserted it will destroy the entire purpose of provide for anAmericanregisterforthe steamshipOzama, ofNew York the bill, becausethevery object of this bill is to get a lawful rightand city, which was a steamer that was wrecked-- a continuing right to the water. When they purchase the land of the The PRESIDENT pro tempore. Does the Senator move its considera Indians under the provisions of this bill it carries with it the right to tion? the water which they must necessarily purchase. So this amendment Mr. FRYE. I amgoingto askunanimousconsenttoconsiderit. It ought not to be adopted. was a steamer that was a total wreck, was saved by Virginia salvors, The amendment to the amendment was rejected. and was repaired at an expense of $50,000. Itdoes not come within The PRESIDENT pro tempore. The question is on the amendment the law, because the wreck was just outside the line. The bill has been of the Committee on Indian A:tfa.i.rs. reported favorably from the Committee on Commerce unanimously in The amendment was agreed to. both branches; it has passed the House, and is here. American me 1\fr. DOLPH. There are other amendments o:frered by the Senator chanics and salvors have received $50,000 laid out on it. The steamer from Vermont to which I have no objection. is ready for sea, and the expense of detaining her is very great, indeed. The PRESIDENT pro tempore. The further amendments will be She can not sa.il until she gets this register. I ask unanimous consent reported. that the bill may be put on its passage now. The SECRETARY. The next proposed amendment is, in line 20, after The PRESIDENT pro tempore. The Senator from Maine asks unani the word "the," to strike out the words "approval thereof by the; " mous consent of the Senate to proceed to the consideration of the bill and after the word "Secretary," in the same line, insert: named by him. Being satisfied that such appraisal is just, and his npproval thereof in writing. There being no objection, the Senate, as in Committee ofthe Whole, After the word "them," in line 24, insert "within three months proceeded to consider the bill (H. R. 5219) to provide for an American next after such approval;" so that the clause will read: register for the steamship Ozama, of New York city. .And thereupon, and upon the Secretary being satisfied that such appraisal is Mr. CONGER. I ask the Senator whether the proper officer desig just, and his approval thereof in writing, it shall and may be lawful for him to nated to issue the register should not be the Secretary of the Treasury make sale of the said lands, at their appraised value, to the said William S. instead of the Commissioner of Navigation? Byers,Robert G.Thompson,and .Jeremiah Barnhart; and upon payment by them, within three months next after such approval, in full of the purchase . Mr. FRYE. This is the bill which the Secretary of the Treasury price thereof, together with all costs and expenses incurred in the premises, the sent, after an amendment had been made by himself, and it is approved Secretary shall cause a pat-ent to be issued to them for the lands purchased. by him, the same one reported to the Senate by our committee, and it Mr. DOLPH. There is no objection to those. has now come from the other House. The amendments were agreed to. . Mr. CONGER. I think the circumstances of this vessel would bring The bill was reported to the Senate as amended, and the amendments it within the spirit of the law which would authorize the Secretary were concurred in. hinself to issue an American register, except that the wreckage was be The bill was ordered to be engrossed for a third reading, read the yond the marine league provided for in the present law. That being third time, and passed. the situation of the vessel, much as I am opposed to the'general regis try of foreign vessels, I have joined: in the report of this bill and think COUNTING OF EI,.ECTOR.AL VOTES. it ought to pass. The Senate, as in" Committee of the Whole, resumed the consider The bill was reported to the Senate without amendment, ordered to ation of the bill (S. 9) to fix the day for the meeting of the electors a third reading, read the third time, and passed. of President and Vice-President, and to provide for and regulate the BILL RECOIDIITTED. counting of the votes for President and Vice-President and the decision of questions arising thereon. Mr. DAWES. I move that the bill (S. 715) to provide for the sale Mr. HOAR. This bill was recommitted to the Committee on Priv of a part of the reservation, situate in the State of Nebraska, of the ileges and Elections on the suggestion of an amendment by the Senator Winnebago tribe of Indians, and for other purposes, be recommitted from New York [Mr. EvARTS]. That amendment has been in sub to the Committee on Indian Affairs. stance adopted by the committee after a careful comparison of views be The motion was agreed to. tween tha.t enator and the Senator from Vermont [Mr. ED.l.\IlTh""DS], COUNTING OF ELECTORAL VOTES. who was the nutborofthe bill, or at lea.stwas the authorofthegeneral Mr. HOAR. I now movein pursuance of notice that the Senatepro scheme thnt the bill contains, and reporteditin a former Congress. The ceed to the consideration of the Presidential count bill. committee have reported a substitute embodying the amendment, but The PRESIDENT pro tempore. The question is on the motion of the have had the original bill and the amendment so reprinted that it will Senator from Massachusetw. disclose to the Semite where the amendment departs from the original 1886. CONGRESSIONAL RECORD- SENATE. 2387 bill. I therefore ask unanimous consent that the· snbstitrrte may be Hall not provided for the Senators ; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other offi· read and treated as an original bill. cers of the two Houses, in front of the Clerk•s desk and upon each side of the The PRESIDENT pro tempore. The substitute proposed wi11 be read Speaker's platform. Such joint meeting shall not be dissolved until the count at length. of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any The Secretary read as follows: such votes, or otherwise under this act, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provide.d, to direct That the electors of each State shall meet and give their votes on the second a recess of such House not beyond the next calendar day, Sunday excepted, at Monday in January next following their appointment, at such place in each the hour oflO o'clock in the forenoon. But ifthecounting oftheelectoralvotes State as the Legislature of such State shall direct. and the declaration of the result shall not have been completed before the :fi.ft.h SEc. 2. Thatifa.ny State shall have provided, bylaws enacted prior to the day calendar day next after such first meeting of the two Houses, no further or fixed for the appointment of the electors, for its final dete.rmination of any con· other recess shall be taken by either House. troversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination Mr. HOAR. I desire to propose one or two verbal amendments to shall have been made at least six days before the time fixed for the meeting of this bill, which I suppose will be adopted as of course; they are merely the electors, such dete.rmination made pursuant to such law so existing on said day, and made at least six days prior to the said time of meeting of the electors, to correct errors in the transcription. In line 16, section 3, I desire to shall be conclusive, and shall govern in the counting of the electoral votes as strike out the words "with and." This does not change the meaning provided in the Constitution, and as hereinafter regulated, so far as the ascertain· of the bill, and makes the English better. ment of the electors appointed by such State is concerned. SEO. 3. That it shall be the duty of the executive of each State, as soon as The PRESIDENT pro tempore. The amendment will be stated. practicable aft-er the conclusion of the appointment of electors in such State, by The SECRETARY. In line 16, section 3, after the word "electors," the final ascertainment under and in pursuance of the laws of such State pro it is proposed to strike out the words "with and;" so as to read: viding for such ascertainment, to communicate, under the seal of the State, to the Secretary of State of the United States, a. certificate of such ascertainment And such certificate shall be inclosed and transmitted by the electo.I'S at the of the electors appointed, setting forth the names of such electors and the can same time and in the same manner as, &c. vass or other ascertainment under the laws of such State of the number of The PRESIDENT pro tempo1·e. If there be no objection the amend· votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shaJl also thereupon be the duty of the execu ment will be considered as agreed to. tive of each State to deliver to the electors of such State, on or before the day Mr. HOAR. Then, in the fiftieth line of section 4, I move to strike on which they are required by the preceding section to meet, the same certifi out the word "tribunals" and insert the word "authorities." cate, in triplicate, under the seal of the State; and such certificate shall be in closed and transmitted by the electors with and at the sl\Ine time and in the The PRESIDENT pro tempore. The amendment will be stated. same manner as is provided by law for transmitting by such electors to the seat The SEC.RETARY. In line 5{), section 4, after the word "State," itis of Government the lists of all persons voted for as Pre.sident and of all persons proposed to strike out the word ''tribunals'' and insert ''authorities; '' voted for as Vica.Presidentii· and section 136 of the Revised Statutes is hereby repealed; and if there sha have been any final determination in a State of so as to read: controversy or contest as provided for in section 2 of this act, it shall be the But"in case there shall arise the question which of two or more of such State duty of the executive of such State, as soon as practicabl~ after such determina. authorities determining what electors have been appointed, as mentioned in tion~to communicate, under the seal of the State, to the Secretary of State of section 2 of this act, is the lawful tribunal of such State. the united States, a cerliiicate of such determination, in form and manner as th.e same shall have been made; and the Secretary of State of the UnUedStates, The PRESIDENT pro tempore. The amendment will be considered as soon as practicable after the receipt at the State Department of each of the :u;; agreed to if there be no objection. certificates hereinbefore directed to be transmitted to the Secretary of State, Mr. GEORGE. I should liketohavethe Senator from :Massachusetts shall publish, in such public newspaper as he shaJl designate, such certificates in full; and at the first meeting of Congress thereafter he shall transmit to the explain the effect of the amendment substituting the word "authori· two Houses of Congress copies in full of each and every such certificate so re ties" for the word "tribunals." ceived theretofore at the State Department. Mr. HOAR. That substitution bas been made all through the bill. SEc. 4. That Congress shall be in session on the second Wednesday in Febru ary succeeding every meeting of the electors. The Senate and House of Repre This is a. mere verbal substitution to correspond with the others. In sentatives shaJl meet in the Hall of the House of Representatives at the hour of all the previous parts of the bill that substitution has already been 1 o'clock in the afternoon on that day, and the President of the Senate shall be made. I will explain it in a moment, if the Senate will allow, when their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom these verbal amendments have been made. shaJl be handed, as they are opened by the President of the Senate, all the cer· The PRESIDENT zn·o tempore. The amendment is considered as tificates and papers purporting to be certificates of the electoral votes, which agreed to. certificates and papers shaJl be opened, presented, and acted upon in the alpha betical order of the States, beginning with the letter A; and said tellers, having Mr. HOAR. Then, in line 56 of the same section, I move to strike then read the same in the presence and hearing of the two Houses, shall make out the words '' of the tribunat '' a. list of the votes as they shall appear from the said certificates i and the votes The PRESIDENT pro tempore. The amendment will be sta.ted. having been ascertained and counted in the manner and according to the rules in this act provided, the result of the same shall be delivered to the President of The SECRETARY. In line 56 of section 4, after the word '' decision,'' the Senate, who shall thereupon announce the state of the vote and the names it is proposed to strike out the words '' of the tribunal;'' so as to read: of the persons, if any, elected, which announcement shall be deemed a sufficient The votes regularly given of those electors, and those only, of such State shall declaration of the persons, if any, elected President and Vice-President of the be counted whose title as electors the two Houses, acting separately, shall con· United States, and, together with a list of the votes, be entered on the Journals currently decide is supported by t he decision of such Stat e so authorized by its of the two Houses. Upon such readin~ of any such certificate or paper, the laws. President of the Senate shall call for obJections, if any. Every objection shall be made in writing, and shall state clearly and concisely, ·and without argu The PRESIDENT pro ternpore. This amendment is considered as ment, the gr.ound thereofLand shall be signed by at least one Senator and one agreed to. member of the House of .uepresentatives-before the same shall be received. When all objections so made to any vote or paper from a State shall have been Mr. HOAR. Mr. President, it wants five minutes of the time when received and read, the Senate shall thereupon withdraw, and such objections the unfinished business would under the rule be laid before the Senate; shall be submitted to the Senate for its decision; and the Speaker of the House and, although I do not anticipate any considemble debate upon this of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any bill as it now stands, I think I shall. not ask the Senate to dispose of state from which but one return has been received shall be rejected except by it in those five minutes,' because it is important that every Senator who the affirmative votes of both Houses. If more than one return or paper pur desires to offer any views upon the bill or listen to any should have porting to be a. return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been that opportunity. I will, however, state- regularly given by the electors who are shown by the evidence mentioned in The PRESIDENT pro tempore. The Senator from Nebraska [Mr. section 2 of this act to have been appointed, if the determination in said section ltfANDERSON] desires to present a question, if the Senator from :hlass..'l· provided for shall have been made, or by such successors or substitutes, in case of a vacancy in theboard of electors so ascertained, as have been appointed to chusetts will allow his remarks to go over. fill such vacancy in the mode provided by the laws of the State; but in case Mr. MANDERSON. I simply want to present a resolution. there shaJl arise the question which of two or more of such State tribunals de Itir. HOAR. Then I will ask unanimous consent-and I will answer termining what electors have been appointed, as mentioned in section 2 of this act, is the lawful tribunal of such Stateiithe votes regularly given of those elect the question of the Senator from Mississippi to-morrow morning if the ors, and those only, ·of such State sha be counted whose title as electors the Senate gives it consent-that this bill may go over and may be taken two Houses, acling separately, shall concurrently decide is supported by the de· up at the close of the routine morning business to-morrow morning, cision of the tribunal of such State so authorized by its laws; and in such case of more than one return or paper purporting to be a. return from a State, if there that it may stand to-morrow in the same place that it has now. shall have been no such determinatiOn of the question in the State aforesaid, The PRESIDENT pro tempore. The Senator from :hfassachusetts then thosevotcc-s, a-nd those only, shall be counted which the two Houses, acting asks unanimous consent of the Senate that the pending bill shall be separately, shall concurrently decide to be the lawful votes of the legally ap pointed electors of such State. When the two Houses have voted they shall taken up after the routine or regular business of the morning hour to· immediately again meet, and the presiding officer shall then announce the de morrow. Is there objection? The Chair hears none, and that order cision of the q uestions submitte d. No votes or papers from any other State will be made. shBJl be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of. RELATIOXS BETWEEN THE SENATE AND EXECUTIVE DEPARTMENTS. SEc. 5. That while the two Houses shall be in me.eting as provided in this act the President of the Senate shall have power to preserve order; and no debate Mr. MANDERSON. I ask consent to make a. report from the Com· shall be allowed and no question shall be put by the presiding officer except to mittee on Printing at this time, and .I ask that the resolution reported either House on a motion to withdraw. be acted on at once. I am instructed by the Committee on Printing SEC. 6. That when the two Houses separate to decide upon an objection that may have been made to the counting of any electoxal vote or votes from any to report back favorably the following resolution: State, or other question arising in the matter, ench Senator and Representative Resolved, That there be printed for the use of the Senate 5,000 extra copies of may speak to such objection or que tion five minutes, and not more than once; the report of the Committee on the Judiciary, together with the views of the but after such debat~ shall have laste d two hours it shall be the duty ofthepre minority, upon the letter of the Attorney-General declining t.o transmit official siding officer of each House to put the main question without· further debate. records and _papers .concerning the administration of the office of district atto_l'o. SEc. 7. That at such joint meeting of the two Hou es seats shall be proYided ney, southern district of Alabama. as follows : For the President of the Senate, the Sj:>eaker's chair ; for the Speaker, immediately upon his left; the Senators, in the body of the Hall upon Mr. COCKRELL. I should like to amend that by adding "and the the right of the presiding officer; for the Representatives, in the body of the message of the President.'' 2388 CONGRESSIONAL RECORD-SENATE. MARon 16,
M1•. MANDERSON. That is part of the resolution. I have to say, in reply, that Mr. --was appointed collecto:r of internal rev enue for the district named on the 29th day of July, 1882. During the recess of The PRESIDENT pro te1npore. The amendment of the committee the Senate the President, and this Departmept, became satisfied that Mr. - will be reported. was not discharging the duties of his office efficiently, or in accordance wUh Mr. MANDERSON. Thecommitt.eedoesnotrecommendanyamend proper business methods. As evidence of his unfitness a. letter written by him to the Pri"\"ate Secretary of ment. It came to the committee in that form. the President, without previous communication of any kind, is hereto annexed. The PRESIDENT pro tempore. It must be treated as an amend There are no other reasons for such suspension in any papers on file in this Department. ment. The following amendment is proposed-- Yours, respectfully, Mr. MANDERSON. Then the committee will recommend its adop DANIEL MANNING. tion. Ron. Jt:STIN S. Moimn.L, The SECRETARY. It is proposed to add to the resolution "and the Ohainnan of the Comm,ittee on Fin!J,nce, United States Senate. message of the President." That was a letter giving abundant and satisfactory reasons for the The amendment was agreed to. suspension of this man; and there were also other papers sent and re Mr. SAULSBURY. I inquire whether the resolution provides for ceived, and I wish to say that the papers in support of the reasons printing the views of the minority as well as the report of the majority? given by the Secretary were so satisfactory to the Committee on Finance Mr. MANDERSON. That is also included. that it was unanimously reported-! believe I am trespassing. I say, The resolution as amended was agreed to. then, that this person seemed to have as high a confidence in his ability MESSAGE FRO:\! THE HOUSE. in the position of an internal-revenue collector as Sancho Panza had in A message from the House of Representatives, by Mr. CLARK, its his ability to discharge the duties of governor of a certain island and Clerk, announced that theHouse had passed the bill (S. 1136) addi he was about the same kind of politician, with equal qualifications, as tional to an act entitled ''An act to provide a national currency secured I should judge. by a pledge of United States bonds, and to provide for the circulation It would seem that herQwas an example set that we mightverywell and redemption thereof, passed J nne 3, 1864. be allowed to follow and did follow; and it is the same policy we have ENROLLED BILLS SIGNED. pursued ever since I have been a member of the Committee on Finance, and we have never had a refusal until recently of full and satisfaetory The message also announced that the Speaker of the House had replies to any application to the Treasury Department for papers or signed the following enrolled bills; and they were thereupon signed information. by the President p1·o tempore: :MI. President, there is this one important consideration. When a A bill (S. 163) releasing the estate of the late Frank Soule, late col man is proposed for an o~ce it has always been the practice of the Com lector of internal revenue for the first district of the State of California, mittee on Finance, if there were any charges made against his character, and his sureties on his official bond; and official or personal, to give his friends and the person himself an oppor A bill (S. 178) for the relief of Ida A. Richardson, Caroline A. Urqu tunity of making a proper defense. We have even at this s;ession gone hart, and Corn A. Slocomb, as the heirs at law of Cora A. Slocomb, so far in two instances as to permit the parties themselves to appear deceased, and Ida A. Richardson and Caroline Augusta Urquhart. - before the Committee on Finance to make any explanation of the charges HOUSE BILL REFERRED. or any argument in their defense that to them might seem proper. The bill (H. R. 4982) to enable the Public Printer to continue in Let me say that it would seem to appear as justice and equity to all effect the provisions of the joint resolution entitled ''Joint resolution parties that the parties who are about to quit office, to be turned out, authorizingthePnblicPrinter to remove certain material from the Gov if they are worthy of it, should go with as clean a bill of health as the ernment Printing Office;" approved February 6, 1883, was read twice parties that are to succeed them. That is the only point in the con by its title, and referred to the Committee on Printing. troversy so far as the Committee on Finance have made it; that is to say, if there were charges or reasonable grounds of suspicion that there :BELATIONS BETWEEN THE SEN ATE Al\TJ> EXECUTIVE DEP ART!IENTS. were any charges against any parties suspended, they had a right to The Senate resumed the consideration of the resolutions reported by know it, or they-had a right to know it if their record was a c~ean and Mr. EDMUNDS from the C~ittee on the Judiciary February 18, ex correct one. The reputation of a man going out of office is as precious pressing the sense of the Senate on the refusal of the Attorney-General as that of the man coming in. to send to the Senate copies of certain papers, · Mr. GEORGE. May I ask a question? Mr. CULLOM. Mr. President-- Mr. MORRILL. Certainly. Mr. MORRILL. I ask the Senator from Illinois to allow me to oc Mr. GEORGE. I desire to know whether or not this Sancho Panza cupy a few minutes in relation to a matter introduced by the Senator collector that you turned out appeared in response to the charges-the from West Virginia [Mr. KENNA] in his speech on Friday. one to whom that letter referred? Mr. CULLOM. I yield to the Senator from Vermont. Mr.'MORRILL. The letter over his own signature was a sufficient in Mr. MORRILL. Mr. President, when the Senator from West Vir dication ofwhatthequali:ficationsand characteroftheman was. Now, ginia [Mr. KENNA] was on the :floor talking on the subject which is Mr. President-- now brought to the attention of the Senate again he read a letter that Mr. GEORGE. Do I understand the Senator then to say that no was signed by me as chairman of the Committee on Finance. If it only opportunity was given to that man to appear and defend his character? related to myself I should not take any notice of it, but in justice to Mr. MORRILL. He could not defend his illiteracy and he could the committee I feel bound to call attention to it, because the Senator not defend some other points, and did not ask it, which it is unnecessary represented that that letter was the beginning of the controversy with to mention. the present administration in relation to the submission of papers in Mr. GEORGE. He was turned out then because he was illiterate, regard to suspended officers. was he? Mr. President, it will be noted that the letter as printed read as fol :Mr. MORRILL. I do not say that. I wish to show that the Secre lows: tary of the Treasury ever since the law organizing the De-partment was COIDIITTEE OF FINANCE, UNITED STATES SENATE, Januar-y o, 1836. established was subject to the following statute law by which the De DEAR Sm: Referring to the necompanying nomination of- partment itself was organized, passed in 1789. I do not read the first Leaving off the names- part of it but I read the latter part : suspended, will you please communicate to the Committee on Finance, United To executesuchservicesrelativetothesa.le of the lands belonging to the United States Senate, the reasons for such suspension, or the papers on file in your De States as may be by law required of him; to make report and give information partment which show the reasons for this suspension? to eitherhranchof theLegisla.ture, in person orin writing, ashe maybe required, Very truly, yours, respecting all matters referred to him by the Senate or House of Representa JUSTIN S.l\IORRILL, Chairman. tives, or which shall appertain to his office; and generally to perform all such Hon. SECRETARY OF THE TREASURY, services relative to the finances as he shall be directed to perform. Washington, D. 0. By this it is perfeetly clear that we have a right to call upon the Sec When we arrived here early in December last it was promulgated retary of the Treasury to come before a committee of this body 9r to that this administration, and especially the Treasury Department, was bring papers. The present presiding officer of this body when he was to be administered on business principles, and, therefore, the Commit Secretary of the Treasury was called before the Committee on Finance, tee on Finance pursued their usual routine of business and sept a letter, brought papers, and was subjected to two or three hours of examina as they had long been in the habit of doing, to the Secretary of the tion, and gave us valuable information.· No one will accuse that dis Treasury in identically the same terms as this one which was read by tinguished gentleman with not knowing his rights or with lowering the the Senator from West Virginia in relation to the suspension of a col dignity of his office by so appearing and obeying the summons of the lector of an internal-revenue district-it is no matter where-and we Senate. received from the Department of the Treasury the following response: Now. Mr. President, there is only one thing ·in relation to this mat TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, ter that we do not insist upon, which is that the Department shall give Washington, D. 0., December 18, 1885. reasons for removals, because that might be imposing too large an MY DEAB SIR: I have the honor to acknowledge the receipt of your letter of amount of labor and difficulty, but we have insisted that we should the 15th instant, making inquiry as to the reasons for the suspension of- have such papers as were necessary for our action here in disposing o:t 1 leave the names blank- the cases that we have before us. from the office of collector of internal revenue for the twenty-first district of THE ISSUE AS TO DUSKIN. --, and asking that any papers in reference thereto be forwa.rded to the Fi nance Committee of the Senate, Mr. CULLO:M. Mr. President, the basis of the discussion which has
. 1886. CONGRESSIONAL RECORD-SENATE. 2389 been going on in the Senate for several days is a resolution directing the from 1789 to 1867, there can not be found a single case like the one we .Attorney-General to transmit to the Senate copies of all documents that are discussing. Well, sir, the truth is, as stated by the Senator from have been :filed in the Department of Justice since the 1st day of Jan Vermont [1\Ir. EDMUNDS] in his report and remarks, that there can be uary, 1885, in relation to the management and conduct of the office of found very few instances where information has been called for of any district attorney of the United States for the southern district of Ala kind in which it has not been furnished. It may be that tberecannot bama, and the answer of the Attorney-General declining to transmit ·be found a case where the facts are all exactly like this one. Neither any papers relating to the suspension from office of Duskin, the former are there any two things in all nature exactly alike, but there are never incumbent of that office, who was suspended during vacation. theless hundreds tbataresubstautially alike. So in this matter. There The refusal of the Attorney-General to furnish the papers called for are many cases alike in principle, if not in all the facts. The promi- in this case is a denial of \he right of the Senate, whose duty it is to nent fact is that when either branch of Congress has called for any in legislate concerning the administration of public affairs, to inquire into formation it has generally been furnished, and in the exceptional cases the management of a public office at any time it may deem proper; in which it was not the refusal was not based on constitutional prerog and the excuse offered for this refusal is the fact that.during the period ative. Some Presidents have asserted their independence as a co-or of tim~ covered by the resolution the incumbent of the office was sus dinate branch of the Government and then furnished the information pended and another person designated to perform his duties. sought by either branch of the law-making power. The majority of the Senate maintain its right to pass such a resolu The Senator from Alabama finally lands the defense of the conduct tion and that it is the duty of the Attorney-General under the law to of the administration in refusing the papers in the Duskin case on the obey it, while the minority of the Senate come to the support of the broad platform that the power of removal is in the President alone, and President and the Attorney-General and deny that it is the duty of the tqat any law which attempts to. interfere with its free exercise is un latter to obey the resolution. • . constitutional. But when the President suspended Duskin he did it It is assumed by the minority that the purpose of the Senate in pass under the tenure-of-office act.. So the case stands, that the President ing the resolution was to inquire into the suspension of Duskin, and proposes to obey the law in getting men out of office, and then denies the Senator from Alabama [Mr. PUGH] disposes of the subject by saying its con~titutionality when the Senate says to him that under that law that we are discussing a purely abstract proposition, that Duskin was we have a right to inquire into his act of suspension, and to do that in suspended and Burnett appointed on the recommendation of the dele telligently we need all the papers on file. The President uses the law gation in Congress from Alabama, and that Duskin did not complain. in suspending men from office, and then in· a volunteer message to the Let us see what Duskin himself says on that subject. I find the fol Senate he questions the constitutionality of that law and intimates that lowing letter in a recent issue of the New York Tribune: we are attempting to interfere with his high and mighty prerogative To the Editor of The Tribune: as the chief executive officer. Verily, consistency is not a jewel con Sm: I bad not intended to say anything in relation to my suspension from spicuously worn in these days of Jeffersonian simplicity. the office of United States attorney of the southern district of Alabama untill be Now, Mr. President, let us consider the arg1.1~ment of the Senator from Attorney-General or the President had given some reasons therefor ; but as the Alabama in relation to the letter read by the Senator from Vermont minority of the Judiciary Committee of the Senate ba"\'"e seen proper in their report upon the resolutions offered by Senator EDMUNDS concerning the office from Mr. Thurman, who formerly occupied a seat on this floor and who of district attorney for the southern district of Alabama to sar that "Duskin bas been represented, and I think truly, as the greatest Democrat on bas made no complaint to the Judiciary Committee, the Pres1dent, or the At American soil-a letter in which Mr. Thurman as chairman of the torney-General that he was wronged by suspension," and that "the committee was fully informed that Burnett was recommended to the President by all the Judiciary Committee called for certain papers. The Senator from Ala members of Congress from Alabama on personal knowledge of his high char bama says that 1\Ir. Thurman was calling for papers or information in acter," thereby seeming to intimate that I considered the President's action in relation to the removal of Shaeffer as chief-justice of Utah, and that suspending me just and proper, and that my character was not in the knowledge of the members of Congress from Alabama. such as Mr. Burnett's, I ask leave that office did not come under the provisions of the tenure-of-o-tfice act, in The Tribune merely to say that I did not complain to the Attorney-General as judges were excepted from the terms of that law. The Senator or to the President, because I did not believe the President had been able to re sist the importunities of Democratic politicians to have Republicans removed therefore assumes that there is nothing in that case pertinent to this dis from office and their places filled by their own party friends, bowe"\'"er sincere be cussion. Let us see. I believe that Territorial judges do come under might have been in his declaration that he would not remove an officer simply the provisions of that law, and the language of the letter indicates because be was a Republican; and that I had been remo"\'"ed because I was one, that Ui-. Thurman and the committee believe« so too. Mr. Thurman's an offensive one perhaps, for I bad dared to ~ntertain and express my own political opinions on all proper occasions and to denounce publicly on the stump letter reads: and in the United Stat-es court-room ballot-box stuffing and frauds at elections APRU. 7, 1879. in the district. I did write to Senator EDMUNDS, the chairman of the Judiciary Sm: Under the direction of the Judiciary Committee of the Senate, I have the Committee of the Senate, and ask him to give me an opportunity to refute any honor t-o request that you will communicate to the committee any papers or in charges that might have been made against my personal character or against formation in your possession touching the question of the propriety of there my integrity and efficiency as an officer. I had been up to the time of my sus moval of Michael Shaeffer, chief-justice of the supreme court of the Territory pension United States attorney for the southern district of Alabama for about of Utah, and the appointment of David T. Corbin to that office. twelve years, and there had never been a truthful cbA.rge made a~ainst me by Very respectfully, your obedient servant; . any one that I bad not faithfully performed the duties of the office; and no A. G .. THURMAN, Chai1"Jnan. President, Attorney-General, or any other officer of the Government ever made The Hon. ATTOR!\'EY·GEYE!l.AL O!i' T::IE U~""ITED STATES. a complaint against me during that time. The papers, letters, reports, and doc uments pertaining to the office during the terms I held it are on file in the DepA.rt mentsat \Vasbington, and will clearly show how faithfully, honestly, and eco Is there anything in that letter to indicate that Mr. Thurman be nomically I discharged my duties; and I confidently challenge a comparison of lieved that the office of a Territorial judge was not covered by the them for any given time with those placed there by my successor. And as to tenure-of-office act? The letter plainly shows that Mr. Thurman and my good character as a man, I am willing to leave that to the honorable Senator from Alabama who presented the minority report to the Senate, to whom I am the committee desired to know whether President Hayes had not done personally known. Judge Shaeffer and the public service awrong in suspending him, and GEORGE l\1. DUSKIN. that they wanted to see the papers lest they and the Senate might do 1\IoBn.E, ALA., March 6, 1886. either Judge Shaeffer or the country au injm,-tice. These, sir, are tba reasons given by 1\Ir. Duskin himself wby he had I desire to say here a little outsideofthe record that I believed then made no noise about the action of the President. But it appears that and I believe now that the President of the United States did do Judge he appealed to the Judiciary Committee, or its chairman, for a hearing. Shaeffer a wrong in suspending ·him from that office, because I believed Whether the fact that Duskin had made speeches against ballot-box then and I believe now that he was doing his whole duty as chief-jus stuffing was any part of the reason for such a unanimous request from tice of that Territory. the Alabama delegation for his suspension and Burnett's appointment But suppose the Senator is right in saying that the Territorial judges I am unable to say. The Senator says this Senate is thrown into a are excepted from the law. If he is, be takes issue with the present moot court to discuss abstract propositions, as Duskin's term expired Executive, who has s'uspended a number of them under the authority four weeks before we called for the papers. Sir, it is not a moot pro of that law. ceeding when we are seeking to find out whether an American citizen I assert again that the Senator from Alabama if he undertakes to has been unjustly treated by having false charges, slanderous state defend 1\Ir. Thurman in his calling for the information in that case puts ments, and secret assaults made against him and filed in the Depart it under the Constitution alone without the law, and then the Senator ment to which he was formerly attached to blacken his character and from Alabama says that under the Constitution the President of the injure his good name. United States has the right to make removals, and it is none of the The Senator also says that the Attorney-General, in refusing the papers Senate's business or anybody else's business except the people's. So to the Senate, acted under orders from the President, and seems to think in either event, whether he refers to it under the law, or outside of the a di.c:;obedience of Presidential orders by the Attorney-General would be Jaw under the Constitution, I say that the position of the Senator from a great calamity, as it would disturb the confidential relations between .Alabama is ent-irely indefensible. If the Senator ts right, he is defend the President and his Cabinet, and might result in the loss of his office. ing Mr. Thurman in doing what be asserts most positively he had no I can imagine a greater calamity to this country than that a Cabinet right to do. If the Senator is · right, 1\Ir. Thurman was attempting officer should lose his office. But the law should be obeyed, whether to interfere with the Chief Executive in the exercise of what we are such a disaster is averted or not. The Attorney-General is an officer of told is his absolute power of removal under the Constitution by asking the law. He holds an office created by law. Its duties are defined by for the papers in the case of an officer who was not suspended under th:e law; and it is his duty to obey the law, whether it costs him his office tenure-of-office act, but under the Constitution. No matter which al or not. ternative is accepted, the defense of the President and the Attorney TilE PRACTICE OF CALLING FOR PAPERS. General for their course in the particular case before us is gauzy and will Again, the Senator says in his minority report that during eighty years, not hold together. 2390 CONGRESSIONAL RECORD-SENATE. MARCH 16,
WHAT ARE OFFICIAL PAPERS. go into the Departments and withdraw and destroy all such letters The honorable Senator from West Virginia [l\Ir. KENNA] has criti written to them while they held office, because they were only placed cised the definition given by the honorable Senator from Vermont of a there for their convenience? Surely not, and 1 am unwilling to believe public paper, and in doing so has gone beyond the bound of reason, far that the President of the United States or anybody connected with him into the domain of the absurd. believes any such thing. The importance or relevance of papers must be judged by their sub· But to return to the subject of B's effort to get A's office, and the stance. paper he files to effect his object: The hypothetical letters from "a vile man," suggested by the vivid Acting upon the charges thus presented the President suspends A imagination of the Senator from West Virginia, coming, as he says, from and designates-note the word designates-B to fill the office tem ''a vile man,'' his vileness evidenced by their substance and their ir porarily. Will the Senator from Alabama contend that such a docu relevancy to any public question apparent to all, would of course be ment so filed is private, and that it is not in the province of the Senate admitted to have no place on the public files; no matter what form of to call for it when considering the propriety of confirming Bin said address had been used, such letters would properly and unhesitatingly office and thereby making A's removal complete? be destroyed by their recipient. It would be unnecessary to seek any n may be a perjurer, or may hav-e deceived the President by state .legal warrant for their destruction. The simple law of common sense ments utterly false, the evidence of which is to be found only in the wouldjustify it, and no one knows that better than the Senator himself. papers filed by him. · Now, the Senator has given free rein to his imagination and there The fear that such things may be prompted the call for papers, the sult has been some hypothetical letters altogether improbable. On the refusal of which has resulted in the present controversy. IfthePresi question whether they were in good taste I will say nothing. . dent has truly said that he suspends no officers except for good cause, Following the idea suggested by the honorable Senator, I will de some such papers must have been filed. Indeed such documents have scribe a possible, in fact I think a very probable, communication to a been invited by the present administration, as evidenced by a letter public official, and inquire whether it would be a public or private written by the present Postmaster-General, which I beg to read: paper. "OFFEXSIVE PARTIS.U.SIIIP "-CELEBRATED CIRCCLAR OF THE P. M, G. Let me ask that it be supposed that A, who is a Republican, holds a [Confidential.] Government office in sometown, and that B, who is a Democrat, wants PosT-OFFICE D£PART:liENT, OFFICE OF PosTMASTER-GE::>.""ERAL, it. Such a state of things can be easily imagined, I am sure. The Washington, .April29, 1885. picture is so simple, so lifelike, that surely all will recognize it as some DEAR SIR: The continued illness of Mr. Hay will delay his coming for some thing they have lately seen. time yet to the Department, and I think it desirable that some action should be taken in the way of removals, and am impatient to assist our people in securing B therefore is out and wants to get in. He draws up a paper in relief, to which they are justly entitled, from partisan postmasters. which he charges all sorts of offenses against A-misconduct in office, I have had a conference with the Virginiadelegation,and theywillsoonbring "offensive partisanship," anything, so it is a cha.rge. This paper is in their cases, and I shall hope to make the earliest removals in that State. .A.!! soon as they shall be ready, and I hope within a week, I desire to appoint from couched in legal phrases perhaps; it bears all the semblance of an in three to ten in a county in Virginia, and amounting to severalhunclredalto~ether . formation or a true bill of indictment. B signs it, perhaps makes oath I had intended to write yourself and the Democratic delegation from vhio to to it; others who are friends to B join him in the charges. meet me this week and consider the plan upon which we should proceed in mak ing removals in Ohio, but! understand it will be inconvenient for some of them The document is completed and duly forwarded to the President of to travel hither now, and it has occurred to me that perhaps the same end might the United States, and by him duly filed in the proper Department. be accomplished by writing. Along with it, perhaps, or following close on its heels, is B's applica I shall beg you, therefore, to consider the suggestions I make as to the meth ods of procedure, and if you can adopt them and get some cases ready within tion, which is also duly filed, probably in the same box or pigeon-hole. the next two or three weeks, I think within the month of 1\In.y I can give sub l emphasize the word "filed," for it may be shown to be an impor stantial relief lhat will take away the importunity and discontent. tant word in this discussion. Assume for the moment that the President I think that from 15 to 20 per cent. of the fourth-class postmasters in Ohio might be removed within the next two months and great good accomplished is right in holding that papers addressed to him concerning appoint thereby, if our people will adhere to a proposed plan. ments or removals are not necessarily public papers. Assume, if yon That is, in fact, to pick out the most obnoxious and offensive partisans in each please, that he might read them and at once destroy them. They had county to the number of a sixth to a quarter of all, and choose first-class men to take their places. I will require no more proof of partisanship in these selec perhaps (I only say perhaps) not fully reached the point at which they tions than the affirmation of knowledge on the part of a Representative or Sen became public papers. But, sir, after he·has read them and forwarded ator that t·he postmaster has been an active editor or proprietor of a Republican them to the Department to which they relate, and the file mark of that newspaper, printing offensive articles, easily shown by tlte slips, or a stump speaker, or a member of a political committee, or officer of a campaign club, or Department has been stamped upon them, they cease to be, if they ever organizer of political meetings, or that his office has been made the headquarters were, private papers. I hold in my hands some letters from the public of political work, or that his clerks have been put into the performance of polit files of one of the Departments. They were furnished on the call of ical duties. Possibly other acts of equal force may be noted in some cases. If the Representative does not know the fact, it should be established by some the Cominittee on Territories, I will indicate something oftheir charac affidavit of some person whom he can affirm to be of unquestioned credibility ter and read the file-mark which appears upon each individual letter. or by some documentary evidence. These letters were in response to that committee before the discovery In recommending for appointment., I beg the Representative will state the age, business, and what kind of business experience, and a description of the busi was made that all these vast amounts of documents or papers that get ness character of the applicant, and also his habit-s and standing in the com into the public files llre private. What are the facts in reference to munity, and where there are various candidates, I shall be obliged by any ex them, as the records of the Departments show? Here is one [exhibit planations the Representative can give. This necessarily imposes a little trouble, and yet not very great, but it seeiDS to me reasonable to require very extraor ing] stamped "Department ofthe Interior, appointment division, re dinary care and trouble to be taken to represent surely the facts. ceived 29th of August, 1885; Tombstone, Arizona, August 3, 1885. '~ The earliest removals and appointments of this kind will challenge the keen And so every single document in this package [exhibiting], which est scrutiny. The former must be justifiable, and the latter beyond criticism. Some mistakes have perhaps occurred, and our adversaries are keenly inter has been forwarded by A, B, and C, alloverthe country, infavorofthe ested to make the most of every fault, because they have perceived a strong cur appointment of a given individual therein named, has the stamp of the rent of general disapprobation of the purposes of the administration. Department on it. When these papers were put in the Department that In rendering this justice to our people, which consists of the removal of ene mies and substitution of our friends, I feel that it is very desil·able to proceed stamp was put upon them; and I say if they ever were private papers, with extreme care, and that I am correctly representing the President's wishes aft.er that they became public papers beyond any possible question. and purposes in earnestly soliciting that every step may be taken accordingly. I will not stop to read the statute in reference to abstracting papers I may add that as the common good is infinitely beyond the welfare of any one person, however great his place, so appointments to further a mere personal end from the files, as it is claimed that this administration has the right to should be absolutely forbidden, and recommendations upon that basis may well do. The theory is that all this mass of documentary evidence which expect disfavor. has come into the possession of the different Departments of the Gov I shall very willingly take up the case of any district or of any county, when e,·er they are ready i and I shall be glad if tbe Representative can personally emment, through the hands of the President perhaps, is his personal attend and go over them. Papers should be sent in as soon as possible, and will property and that he has a right to read it and destroy it or do what be then carefully briefed in the Department i and when so made ready appoint else he pleases with it. I say not. Papers once so filed become public ments can be made with great rapidity. Should you think it desirable to have a personal conference before this is be property and are protected by the statute, sections 5403 and 5408. gun, I shall be very glad to meet the delegation, but as I have felt it desirable to SEc.5403. Every person whowillfullydestroysorattempts to destroy, or, with relieve them of unnecessary journeying and expense, I have written a similar Jntent to steal or destroy takes and carries away any record, paper, or proceed letter to each Representative from Ohio, and respectfully solicited responsive ing of a court of justice, tlled or deposited with any clerkoro:fficerofsuch court, action in accordance with the spirit of it. or any paper, or document, or record filed or deposited in any public office, or Very truly yours, with any judicial or public officer, shall, without reference to the Yalue of the rec WILLIAM F. VILAS, ord, paper, document, or proceeding so taken, pay a fine of not more than 82,000 Postmaster- Gene~·al . or suffer imprisonment, at hard labor, not more than three years, or both. S£c. 5408. Every officer, having the custody of any record, document, paper 1Ir. EDMUNDS. That must be an official document. It is signed or proceeding specified in section 5403, who fraudulently takes away, or wit officially. draws, or destroys any such record, document, paper, or proceeding tiled in his 1Ir. CULLOM. The Senator from Vermont suggests that this must office or deposited with him or in his custody, shall pay a fine of not more than $2,000, or suffer imprisonment at hard llri>or not m01·e than three years, or both i be an official document, as it is so signed; but it seems to have been and shall, moreover, forfeit his office and be forever afterward d isqualifi.ed from regarded as "confidential" at the time it was issued. holding any office under the Government of the United States. I desire to notice this letter a little more particularly. At the very Were the doctrine to obtain tbat these papers continue to remain the outset of the letter the Postmaster-General says that the continued ill private property of whomeve.r addressed to, whue would it lead? ness of the First Assistant, who has since passed away, delays action Would anyoneassertthat ex-PresidentHayesorex-PTesidentArthur by the Department, and he continues: the only two living ex-Presidents I believe that we have-could now I think it desirable that some action should be taken in the way of removals, 1886. CONGRESSIONAL RECORD- SENATE. 2391
and a.m impatientt{)assist our people in securing relief, to which they are justly written the letter by the consent and understanding of the President of entitled, from partisan postmasters. the United States, because he refers to the President and says they must The people of this country were not moving fast enough for this ad be careful to keep the record all right. ministration. They were not getting ready for removals as fast as this Now, sir, if such papers are on file, they have become public papers; reform administration thought they ought, and hence, as the mouth they are pertinent to our inquiry as to the fitness of the men proposed piece oftheadministration, having announced their determination in the for office; we are entitled to them, and the President ought in good beginning of the administration to let everybody alone who was doing his faith and obedience to law to produce them. If there are no such papers duty, and as the people took them somewhat at their word, the Post on file, let him say so, and the country will then be able to judge of master-General finally says he is impatient to get relief to his friends his assertions that he has redeemed every pledge he has made to the from the political enemies who are holding these offices, and he thereby people. invites the public to come to the relief of the administration and make ALLEGED PRECEDENTS AGAINST CALLS FOR PAPEBS. • cases for the removal of "partisan postmasters," as he saw proper to The Senator from West Virginia then proceeds to cite a few prece term them. Again he says: dents for the refusal by the Presidents and heads of Departments to As soon as they shall be ready, and I hope within a. week, I desire to appoint furnish papers or information called for by one or the other of the from three to ten in o. county in Virginia, and amounting to seve1·al hundred altogether. Houses of Congress. In his investigation he seems to have discovered very few instances in which information called for has been withheld. There was an election coming on in Virginia, and the Postmaster-Gen Now, sir, assuming that all these c..'lSes were directly or even approxi eral, this reform officer, invites the people to come to the rescue, and mately analogous to the present controversy, would they establish a tells them when they do get ready he will be able to appoint at least rule as against the hundreds, and, for all I know, thousands of cases in from three t~um in a connty, and will get rid of several hundred in a which calls for papers and information on all conceivable subjects have little while! Again he says: been promptly complied with? I shall beg you, therefore, to consider the suggestions I make as to the methods of procedure, and if you can adopt them and get some cases ready within the But let us see how far they have any analogy to the question now in next two or three weeks, I think within the month of May I can give substan controversy. tial relief that will take away the importunity and discontent. The Senator cites the case of the refusal by President Jackson to fur By this time the people had begun to apply for themselves, and he nish the Senate with a copy of a paper that had been published in the thought if they would help that in a week he would take away. some newspapers, purporting to have been read by him to his Cabinet officers, of the importunity that was pressing upon him for changes. ''relating to the deposits of public money in the Treasury of the United Let us go a little further: States,'' &c. There is no evidence that such a paper, if it existed, was That is, in fact, to pick out the most obnoxious and offensive partisans in each in the nature of an official communication to any one, or that it was county to the number of a sixth to a quarter of all, and choose first-class men to ever placed upon the files of any Department, or that it was eveu in take their places. I will require no more proof of partisanship in these selec existence at the time it was called for. In fact, from the description tions than the affirmation of knowledge on the part of a Representative or Sen ator that the postmaster h!l.S been an active editor or proprietor of a. Republican we have of it in the Senator's speech, it was more in the nature of a new: paper, printing offensive articles, easily show:n by the slips, or a stump memorandum of what he desired to say to his Cabinet, and I do not speaker. suppose any one would assert the right of Congress to call upon the He not only is anxious to go at this work, but he tells the people of President for a report of all conversations he may have had with the the country how to make cases, and that they must hunt for the news members of his Cabinet. We are not asking anything of that sort now. paper-men and the active editors or proprietors of Republican news The Senator then cites the case in 1842, when the Secretary of War papers, and if they ca.n be shown to be offensive by slips from the papers, refused the House of Representatives information which they asked or if they have been making speeches- concerning the cause of removal of one Sylvester from a clerkship in the Or a member of a political committee or officer of a campaign club, or organ War Department. izers of political meetings, or that his office has been made the headquart-ers of This refusal was discussed by a committee of the House of which political work, or that his clerks haye been put into the performance of politi cal duties. Ron. Garrett Davis was chairman, in which the action of the Secretary of War was condemned and the right asserted of either E:ouse of Con All these things he enumerates, which I think take in about every gress to any and all papers on file in any of the Departments. body who is of any accotmt, so that the people may understand how The next instance cited was in 1844, when President Tyler declined to go to work to make up charges against men who are in office, and to furnish the Senate with "a copy of any instructions which may have he may give relief to the friends of the party. But lest none of those been given by the Executive to the American minister in England on allegations in the indictments should be sufficient he adds another the subject of the title to and occupation of the Territory of Oregon clause: since ltbrch 4, 1841," &c. The President, in reply, said he deemed it Possibly other nets of equal foJrce may be noted in some cases. inexpedient in the then state of the subject-matter to furnish the infor I should think it probable that the honorable Postmaster-General mation. had practiced law and that he had filed sometimes in the courts a dec These are about all the cases he finds where calls for papers or infor laration on a promissory note. All lawyers know that we generally put mation were met by refusals. in one count declaring specifically upon the note, and for fear we may The Senator then proceeds to call attention to a resolution once offered make a mistake we then put in the common count, so that we catch the in the Senate, which does not seem to have been adopted, proposing to man on the note and get a judgment anyway. So the Postmaster call on the President for information concerning charges preferred against General in this specific series of allegations that he makes, lest he has persons who had been removed from office. Why the resolution was not made a full case, puts in the common count, so that anybody can not adopted the Senator fails to state and I do not know; but whatever be removed under it if persons see proper to make charges against the cause, there is no argument in it that we can not properly call for him. Now, let us go a little further: the information we are now seeking to obt..'l.in from the Executive De If the Representative does not know the fact, it should be established by partment. some affidavit of some person whom he can affirm to be of unquestioned credi Without, therefore, discussing the question whether the information bility, or by some documentary evidence. called for in the cases cited by the honorable Senator was properly or There is the very foundation. He invites the people of this country, improperly withheld, as precedents they are not in point in the present if they want a man turned out of office and have not the information controversy, and are, in my opinion, only resorted to to cover up the themselves, to get somebody to file documentary evidence against him real issue and to confuse the pnblic mind. so that he :ma.y be able to make a case and turn him out. That is the · But the climax of the Senator's argument was reached when he l)ro kind of evidence that we are after to-day. We want the heads of these duced some musty documents which he said he had nearly forgotten Departments to produce that documentary evidence in the case of A, to have read, although I think he would have lost nothing had he quite B, C, and the six hundred or seven hundred men who had been re forgotten them. These documents, he B:lid, were found in the archives moved from offices which are Presidential, so that we may know and of the State Department, and he for some unknown reason concludes that the world may know whether the men had their characters ma· that they were penned by Daniel "\Vebster. They bear no date, they ligned and slandered or not. Let us go a little further: are addressed to no one, and no one signs them. They may possibly The earliest removals and appointments of this kind will challenge the keen have been deposited in the State Department by some overzealous sup est scrutiny. porter of the Presidential prerogative for the convenience of the present The Postmaster-General knew that he was doing a thing which was Executive, as we are told other papers are deposited, and the Senator not in harmony with the avowed ideas of civii-service reform of his chief; may have been made the innocent agent through whom these docu and hence he says that the ea.rly removals will be scrutinized carefully ments are to be palmed off on the public as genuine blanks once pre and closely, and the moving spirits must be careful to make strong cases pared for use by the State Department. A fusilade of such blank car ~o-ainst that class of men. tridges as these can not affect the matters really at issue, but they may So I might take up the time of the Senate in singling out items in perhaps, in the lack of a better defense, serve a useful purpose by be this letter of the Postmaster-General, showing that right there was the clouding the questions under discussion. There is no evidence given beginning of the hypocrisy, I may say, of this administration in going to show that such letters were ever used by the State Department in back upon what they had pledged tothecountry, and at thesametime its correspondence with the Senate, and consequently, even supposing undertaking to defend what they were doing. The Postmaster-General them to have been all the Senator claims for them, they were discarded not only writes this letter himself, but he indicates in it that he has and never used, because they could not properly be employed. 2392 CONGRESSIONAL RECORD-SENATE. MARcH 16,
RESPONSIBILITY FOR THE CONTROVERSY. jection for many years, as the honorable Senator from Vermont [Mr. I desire to enter my protest against what seems to me to be a studied MORRILL] stated just before I commenced-to address the Senate; and he effort on the part of those responsible for the present controversy be is one of the oldest Senators in service upon this floor. The committees tween the President and the Senate to divert attention from the ques having such cases under consideration had been in the habit of sending tions really at issue. In the :fi.r&t place, I protest against the assump for and receiving whatever papers were on file relating to any given tion that the Senate by any adion it has taken has sought to provoke case. So well was this custom understood that for a time no objection this controversy. On the contrary, I assert thatithasbeen provoked, was made, and the committees were not denied the papers for which and needlessly provoked, solely by the President and his advisers, who they asked, by the Departments called upon; but suddenly the leaven must alone bear the responsibility for whatever delay in the public of reform began to work and a halt was called. Then, and not till then, business has been or may be occasioned. did the present controversy begin. Then, and not till then, did the ad During the year that has elapsed since the present administration ministration discover that the papers filed in cases of suspensions were came into power,· I know of no instance in which the Senate has in any not official papers, that they were private papers which belonged to the respect whatsoever failed to treat the administration with proper and im President, and that the Senate had no right even to politely ask for partial consideration, and with even and exact justice. The majority them, first, because they were private; second, because they belonged of this Senate, though not in political accord with the President, have to the President, who had the right to burn them if be saw :fit; and, not sought to offer any factions opposition to his administration, what third, because the Senate had nothing to say about suspensions or about ever. may have been our opinions concerning some of its remarkable removals from office at any rate. performances during this brief but Utopian era of reform. It remained for an Executive who had proclaimed that public office The Senate has gone even farther than this. It has not only not of was a pubiic trust, and who was supposed to be conduct.ing the public fered any factious opposition for partisan purposes, but has treated the business behind glass doors, to make these interesting discoveries. present administration precisely as a Republican administration would This discovery by the President raises the question whether the have been treated. No action bas been taken which would not have President has, as is claimed, the absolute power of removal of all civil been taken under similar circumstances had a Republican occupied the officers except the judges. This carries with it the question more executive chair. No new rules have been adopted and no methods of directly at issue, whether the Senate has authority to inquire into the procedure have been invented for the purpose of embarrassing an Ex action of the Executive in making suspensions from office, and in ecutive who happens to be of a different, although perhaps undefined, making such inquiry to require the production by the Executive De political faith. partments of papers on their files. The fairness of this Republican Senate toward the present adminis POWER OF REMOVAL. tration is illustrated by its record in matters of legislation as well as Upon the question of the power of removal from public office by the in the confirmation of appointm~nt.s. How was it, sir, on the question President the Constitution, as we all know, is silent. The power, of the Presidential succession ? During the last Congress, when the however, has been assumed to exist in the Executive, and for many administration was in the hands of the Republican party and we sup years it was exercised by the President unchecked by any law of Con posed it would continue to be, the Republicans of the Senate favored gress. But the question has been often raised and ably discussed. the passage of a bill changing the line of the Presidential succession. The advocates of Executive prerogative largely base their opinions This measure was passed by the Republican Senate, but failed in the upon the noted precedentof1789, when the question was raised in the Democratic House. There was no politics in the measure then. Con First Congress on the consideration of an act for the creation of a de gress adjourned, and in time the present administration came into partment of foreign affairs, at the head. of which should be a secre power. In time the Vice-Presidentpassed away, and the exi'3tinglaw, tary to be appointed by the President, by and with the advice -and which could not be changed without our consent, assured the succes consent of the Senate, and to be removable by the President. A sion, in case of the death of the Presieent, to whomever the majority motion to strike out the words "to be removable by the President" of this Senate might be pleased to designate by election as President was made, and after discussion lost. This precedent is discussed in pro te-mpore. the somewhat famous report of the Morehead committee of the Sen This was the situa.tion of affairs when the present Congress convened, ate in 1844, in which the reasons are assigned why the f:;~.ilure to strike and the continuance of the Democratic administration depended upon out the words "removable by the President" should not be regarded but a single life. Memorable and melancholy events in the history of as a precedent and followed as a proper construction of the constitu the Presidential office emphasize the uncertainty of this tenure. There tional power of the President on the subject. Attention is called in was now the question of party advantage to be considered in cqnnec that report to the fact that Washington was then. the President; that tion with the Presidential succession. What is the record of this Re "he was the nation's first and most beloved citizen;" that "he had publican Senate under these unusual circumstances? The first bill safely conducted the armies of his conntry through all the emergencies proposed, considered, and passed by this body at the beginning of this of the war of the Rev-olution to independence and peace;" and that session was the Presidential succession bill passed by the Senate in the "such was the universal confidence of his countrymen in his purity, last Congress. This measure secured to the present administration be patriotism, wisdom, and worth" that the representatives of the people yond peradventure the control of the Government for the full term of in Congress did not hesitate to place in his hands any power that was four years, and it is needless to say that it was now promptly passed not expressly prohibited by the terms of the Constitution. by the Democratic House and promptly approved by the Democratic The Morehead committee said: President. . That such a precedent, established at a time and under circumstances like By thiS action, which is unprecedented in the historyofpolitiealleg these, should be regarded as transient only and subject to be reconsidered by islation, this Republican Senate voluntarily transferred its undisputed Congress whenever experience should demonstrate the necessity. title to the Presidential succession into the hands of the Democracy, . Resting upon the precedent of 1789 the power of removal or suspen and demonstrated beyond question its disposition and determination to sion was exercised without serious question during the first thirty or rise above mere partisanship in the performance of its public duties forty years of the existence of the Government, and the fact is that for and in its attitude toward the present administration. "" :five successive administrations the power of removal or suspension from It is shown by the recent report of the Judiciary Committee that the office was seldom resorted to, and when resorted to was, with rare ex cour~e pursued by that committee in regard to the nominations made ceptions, exercised for just cause. During the time from Washington by the present Executive has differed in no respectfrom that which has down to the beginning of Jackson's administration, according to the been followed without question or objection for many years, both dur Morehead report, which I doubt not was correct, there were only one ing the time when the Senate was under Democratic control and when hundred and twelve removals made, and of course, such being the fact, it was under Republican control. This statement is not controverted there was nothing to awaken in Congress or the country an apprehEm in the report of the minority of the committee, so far as I have been sion of danger arising from unchecked executive power. able to observe, and it may therefore be safely assumed that the Sen Mr. EDMUNDS. And all those the law expressly authorized. ate has been proceeding in regular order and according to -Custom in Mr. CULLOM. And all those, as the Senator from Vermont says, these cases. were expressly authqrized. With the accession of Jackson·to the Pres I submit, therefore, that under these circumstances the Senate can not idency a new era -commenced, and the doctrine that "to the victors be fairly be charged with having been influenced by partisan considera long the spoils" had full sway. The question of regulating the exer tions in any action that we have taken in reference to the nominations cise of executive power then began to be agitated, and became a more now pending, or with having by our action provoked the present con serious question on the public mind. In 1826, however, the question troversy. had been raised when Mr. Adams removed certain officers and a com Now, sir, what has given rise to the present controveiSy? This Senate mittee appointed to inquire into the expediency of reducing the pat found itself chru:ged with the duty of considering whether it could or ronage of the Executive. The committee reported in favor of regulat would approve of the action of the President in suspending nearly seven ing appointments by law. Its report asserted the power of Congress to hundred civil officers and in naming an equal number of men to take legislate on the subject, and Ur. Randolph stated that it could not be their places. This was not a small or trifling task to engage in. It answered. sought in good faith to procure the papers on file in the several Depart In 1835 another committee was raised by the Senate to inquire into ments relating to certain suspensions and nominations for the purpose the extent of the executive patronage, and that committee, by Mr. Cal of intelligently and wisely performing its duty in each case before it-. houn, submitted with its report two bills, one of which provided that It followed a course of action which had been followed without ob- the President should lay before Congress every fouryears the names of ,,
1886. CONGRESSIONAL RECORD-SENATE. 2393
all defaulting officers and agents charged with the collection and dis by him, or disapprove it by rejecting? The effect of the law then is to bursement of public money whose commissions should be vacated, and make the Senate unquestionably a party to the act of removal as well also made it the duty of the President in all cases of nominations to as the act of appointment. The law means this, or, it seems to me, fill vacancies occasioned by removals from office to assign the reasons means nothing. for which such officers had been removed. The bill requiring the Presi That being the case, the Senate has not merely the right to inquire dent to assign reasons for removals was passed by the Senate by a large into the action of the Executive in suspending a civil officer, but a duty vote. to inquire is imposed upon the Senate by that law by the only natural Mr. President, it has been difficult at any time in the nation's his and reasonable construction that can be put upoi;l. it. The Senate, there tory to secure legislation having for its object a limitation of the ex fore, is responsible as well as the Executive in the appointment and ercise of executive power in the disposition of official patronage. For substitution of civil officers. many years of the Government's history removals or changes in office NECESSITY OF SENATE'S POWER TO OBTAIN INFORJIL\.TION, were comparatively few, and hence the country did not become alarmed A man may be grievously wronged, by removal from an office to which lest the scramble for place should interfere with the proper administra he has been appointed by and with the advice and consent of the Sen tion of public affairs. While the constitutional power of the Executive ate, upon charges ofwrongdoing, which, though believed by the Presi to remove and the power of the Senate in the matter of removals and dent, may have no foundation in fact. It is the right of the person so appointments were occasionally discussed, yet no such condition of wronged to appeal to this Senate for vindication. Experience has shown affairs as exists to-day existed before the days of Jackson, and in those that an Executive may be led to suspend upon ex parte statements, and earlier days the people naturally failed to take much interest in the that too, without any very careful inquiry into their truth or falsity. question as compared with the feeling for the last few years upon the Can it be that such wrongs can be perpetrated in this country, and, subject. contrary to the legal maxim, have no remedy? I think not. I con The first check put upon the action of the President by actual legis tend that a dutv devolves upon the Senate to see in so far as it can that lation in the direction of restraint was the tenure-of-office act of 1867. such wrongs are not perpetrated. How can the Senate discharge that While no statute had previously been enacted to restrain the President duty intelligen~ly unless they can be made acquainted with the facts? in the appointment and removal of civil officers, yet I think the fair How can Senators say that they consent to and approve the action of conclusion to be drawn from the debates of Congress and the expres the Executive if they are denied all knowledge of the ground of such sions of men whose opinions are entitled to respect is that the power action? The duty was not imposed upon the Senate without the right exists in Congress to legislate to regulate the executive authority in the by natural implication to get at the information necessary to intelli matter of removals from office. Such power was· believed in by Ham gently discharge it. Where can the information be found? Only in ilton, than whom no greater man, in my judgment, ever lived in the the Executive Departments of the Government. This is now denied American nation, and who did more to map outthe organization of this us by the Executive. Look, then, at the position of the President! A Government than any other man who bad anything to do with it. That law standsupon the statute-books, andisoneofthelawshehassolemnly view was supported by Fisher Ames, by Calhoun, by Benton, by Web obligatedhimselftoseefaithfullyexecuted. Thatlaw, bytheonly rea ster, by Clay, and, coming down to the days when the tenure-of-office sonable construction that can be put upon it, imposes a duty upon the act was under discussion, by such men as Carpenter, and I believe it is Senate, in the discharge ofwhich it is necessary for the Senate to have understood all over this country that an abler lawyer bad scarcely ever access to certain papers on file in the Executive Departments. These existed in his time in this country, and by Sumner, and I think by the the President denies to the Senate. He stands, therefore, in the posi majority of the earlier statesmen, as I have sai.d, whose opinions would tion of blocking by his own act the operation of a law he is bound to be accepted by the American people. Such power was assumed and see faithfully executed. e-xercised by Congress in the enactment of the tenure-of-office a ct. That E>ery consideration of justice to the men against whom charges of act, as amended in 1869, stands upon the statute-book to-day, and, in wrongdoing have been made, every consideration of respect for the the absence of judicial construction to the contrary, must stand as valid law, to say nothing of considerations of courtesy due from one branch and in full force. That law, section 1767 oftheRevisedSlatutes, pro of a common government to another, should suggest a prompt com vides that- pliance on the part of the President with the request of the Senate for Every person holding any civil office to which he has been or herea fter may papers from the public files upon which he has acted in suspending be appointed, by and with the advice and consent of the Senate, and who shall civil officers. Without such information may not the Senate of the have become duly qualified to act therein, shall be entitled to hold such office during the term for which he was appointed, unless sooner removed by and with United States make itself party to great wrongs to worthy and de the advice and consent of the Senate, or by the appointment with the like con serving citizens by blindly indor.sing the action of the Executive, while sent and advice of a. successor in his place. the law plainly makes it its duty to investigate and act with delibera Section 1768, o. part of that law, gives the President the power during tion? the recess of the Senate to suspend any civil officer (except judges of the Or, on the other hand, may not the Senate, for the want ofproperin courts of the United States), appointed by and with the ad vice and con formation in the premises, commit a wrong on the Government itself, sent of the Senate, until the end of the next session of the Senate_ On by refusing to consent to the removal of an officer, whose removal the the adjournment of the Senat-e at its session following such suspension good of the public service really demands? the suspension runs out and ceases to exist, and if no appointment of a It may be argued that the Senate should make its O'IVIl investigation successor bas been made with the advice and consent of the Senate the as to the fitness or unfitness of persons who are nominated to or sus office would revert to the original incumbent. I think no other view pended from office. Nothing could be more specious_ can be sustained. Mr. Trumbull, who was a Senator from Illinois at 'These men are suspended, it is to be presumed, upon specific charges the time, was chairman of the Judiciary Committee of the Senate and made and filed against them. They do not know with what they are chairman of the conference committee on the part of the Senate to ad charged, or by whom. How can such charges be answered? How can just differences between the Senate and House on the bill to amend the the Senate find out whether the officer was properly suspended? tenure-of-office act. That conference in 1869 resulted in the passage of Suppose, for example, chargesaremadeagainst a civil officer by apo the law as it now stands, and in explaining its provisions as arranged litical opponent who wants the office himself, and is so eager to secure by the conference committee Mr. Trumbull said in the Senate: it that be will even resort to falsehood and perjury to secure the sus The only cha nge made is this: .As the bill passed the Senate it required a pos pension. Would theExecutiveputapremium upon perjury by throw itive affirmative vote on the pa rt of the Senate disagreeing to the suspension ing around the statements of such a person the veil of secrecy to pro before the old officer could go back. .As the committee of conference report it, tect him from the consequences of his statements falsely made? the officer would go back at the end of the session unless somebody else was confirmed in his place. The authority of the President to suspend extends to In thesetimes, whenthe "veryhungry and very thirsty," the fasters the end of the session and no further, and, of course, the old officer then takes of twenty-five years, are scrambling for seats at the official feast, let us possession of his office. • pause and consider before we act. In his extraordinary message to this Senate on the 1st instant the May we not, if we do not beware, find ourselves confirming men in President, referring to the tenure-of-office acts of 1867 and 1869, said: public offices whose very falsehood or perjury brought about the sus The constitutionality of these laws is by no means admitted_ But why should pension of those whose places they are nominated to filL Let me say the provisions of the repealed la w (of 1867), which required specific cause tor sus h ere, and I believe the record will bear me out, that we have had since pension, and a. report to the Senate of •· evidence and reasons," be now, in effect, applied to the present Executive instead of the law afterward passed (in 1869) the Senate bas been in session exactly such a case as that, where it was n.nd unrepealed, which distinctly permits suspensions by the President in his ascertained that the man had made false representations and he was re discretion, and carefully omits the requirement that "evidence and reasons" jected by the Senate as per consequence_ for his action in the case shall be reported to the Senate? Will this Senate consent to the removal of an hcaest public officer It is true that the existing law does not in terms require the giving and the appointmen~ of a dishonest man in his place? Certainly not. of '' evidence and reasons.'' It does, however, limit the power of sus Does the President desire anything of this sort? Surely I think not. pension. The President can not under the law remove an officer ex Then let him produce the papers upon which suspensions have been cept with the advice and consent of the Senate. He can only suspend made. for a certain period. The limitation put upon the suspension by the These papers are not only necessary for the information of the Senate President was for some purpose. What could that purpose have been in deciding upon the propriety of suspensions, but are absolutely nec unless what it seems to have been, namely, to give the Senate an oppor essary in order that we may be fully satisfied w bethel' or not the person tunity to determine whether the action of the President was warranted nominated is a fit and proper person for the office_ . and wise, and to approve that action by confirming the successor named I desire to have it distinctly understood that I am riot making these -2394 CONGRESSIONAL RECORD-SENATE. MARCH 16,
remarks and detaining the Senate because I want any Republican put NATURE OF THE CO~"TEST. back in office. That is not the ground we are taking here. We are Let me say that this is not a contest on a part of the majority of the caring nothing on that subject, so far as I am concerned ~t least. Senate to interfere with the rightful prerogative of the President or to The question what constitutes good ground for suspension or removal in m:)y way blockade his administration of the law. The Senator from does not enter here, though I for one am willing to concede large lati West Virginia, I believe, stated that the real purpose in this inquiry tude to the Executive in the exercise of his discretion of suspension. was not to get the papers, but it was to interfere with the P1·esident's Yet the Senate is bound under some circumstances t~ inquire into right to administer this Government as he saw fit, being responsible to reasons for suspension of officers, though not necessarily in all cases. the people for its administration. I undertake to say that there is An officer may be suspended for just cause. Common report and gen nothing in this discussion outside of what appears upon the record, and eral information may justify the suspension. In very many cases the that is, substantially, to defend the hundreds of men who have been President's action may not be called into question, and the Senate may suspended, after the President and the Postmaster-General had declared not feel called upon to do more than approve. that they would remove nobody except for cause when they removed But that is not the position of the Senate to-day with reference to hundreds of men against whom every one in the Senate knows no cause many nominations now before it for action. Hundreds of men who existed, unless it may have been that they were Republicans and not have been suspended from office in whose places nominations have been Democrats. made are appealing to the Senate for justice, not to get back their office, If facts have been furnished the Executive in writing and filed in the but to know on what grounds they were removed, having failed to as Government Departments justifying the suipension of public officers, certain the ground of suspension from the President. They have been why not give them? If officers, high or low, have proved recreant to summarily relieved of responsible offices for "c.1.use," as they are given their trusts why shield them from the condemnation they deser>e? to understand. They are under the stigma of having been removed The mere statement of the Executive that he has suspended, with the from office, after the President had proclaimed to the country that he implication that it carries that such suspension was deserved, is not would only suspend for good cause. The Executive has turned a deaf sufficient, and the Senate should not, as it can not in my opinion, put ear to their appeals to be informed what offenses are laid at their doors. upon the action of the President the seal of its approval while here In some cases their proffered resjguations have been refused only that fuses the papers we may require from which to learn the ground of his they might be subjected to the humiliation of being removed from action in any given case. office. They have been given no opportunity to be heard in their own Is it true, as we have often been told of late, that "a public office defense, and c.:'tn not even learn with what crimes they are charged. is a public trust," and in the hands of the Executive and the Senate I will take the liberty of saying here that I called upon the head of jointly to bestow? Or is it the sole property of the Executive to give one of the Departments of this Government when he had made a sus and take at will? Is the ''advice and consent of the Senate'' to a. re pension and politely asked him to give me copies of the charges which moval a mere pe1·fnnctory act to be performed at the behest of the Ex had been made against the removed or suspended officer, so that he and ecutive, as his clerk engrossBS his letters or his proclamations? Will I might know upon what ground he had been suspended, and to this the gentlemen upon either side admit that they occupy that humili day I have heard nothing from that distinguished officer upon the sub ating position? ject, and nobody else has heard anything, so far as I know. We might now assume that the Executive in makingsuspen ions was Can it be that here in our capital city has been set up a staa·-cham only attempting to make his administration politically harmonious in ber court, where citizens are tried, convicted, sentenced, :1nd sentence all its branches, as has been done under some previous administrations. executed without one word of defense being heard or permitted, and But, sir, this conclusion is precluded as to the present Executive by his that there exists no authority in the whole Government to question such own words. In his letter of acceptance of the Democratic nomination a cruel and arbitrary power, or outside of the charmed circle no one able for the office of President Mr. Cleveland used these word : _ to learn the facts on which action is taken? I can not believe it. The The selection nnd retention of subordinates in Government employment idea of trying and convicting a person of charges of any sort without a should depend upon their ascertained fitness and the value of their work. chance of making a defense is abhorrent to all principles of right and Again, after he had been chosen by the suffrages of the people to fill justice. the high office of President he wrote a letter, which was published, to Grant, if you please, for the sake of the argument, that the President the National Civil Service Reform League of New York, in which he ex .!'ightlyexercises his authoritywhen he suspends from office one whose pressed his approval of the civil-service act., and made the following dec fault is that he differs from him on political questions. The President laration of his position toward officers coming under the tenure-of-office may perhaps be justified in making his administration politically har act: monious. These questions I am not discussing, because they have There is a class of Government positions which are not within the leUcr o nothing to do with the question now at issue. · the civil-service statute, but which are so disconnected with a policy of an ad But, I say, granting the right .of the President to remove officers for ministration that the removal therefrom'of present incumbents, in my opinion, should not be made during the terms for which they were appointed solely on political reasons, that should not injustice oeprive the officer from the partisan grounds or for the purpose of putting in theil· pl!wes those who llre in right to know the cause of his removal. To be removed from office political accord with the appointing power. because of one's honest political belief and principles is no disgrace. Can we for one moment suppose that a serious man, chosen by a great To be removed bec.:'l.use of failure to do one's duty, or possibly for ''of party and afterward by the people for the office of President1 would fensive partisanship," stands as a blot u_pon one's record. I say per pen words of such weighty import in idle jest ? Did the President jest haps ''offensive partisanship'' is disgraceful, for I do not know exactly when he said thatcompetentofficersshould be retained until their terms what it is. It is a, newly discovered offense, and not defined by statute. expired, and if removed by him it would be because they were not Whatever it is, I say that an officer suspended should be permitted to ''decent public servants?'' If, then, the President has acted in good know the nature of the charges made against him. He should be ac faith, he has suspended officers only in cases where they have failed corded at least the same consideration .as a person would have who in their duty. Their political opinions have cut no figure. They have should be arrrugned in court to answer a criminal charge. I venture been guilty of wrongs of which the world should know, and of which the assertion that there is scarcely a Senator within the sound of my the Senate, a party to such removal, should certainly 1."llow. voice who does not in his heart believe that simply what we are asking In his recent message President Cleveland said: for here, the papers upon which these suspensions have been made, ought to be exhibited so that the world and the man suspended may lmow It has been claimed that the present Executive having pledged himself not to remove officials except for cause, the fact of their suspension implies such mis· what the charges are against him, il there are any. conduct on the part of a suspended official as injures his character and reputa But the Executive denies to officers whom he dismisses from the serv tion, and therefore the Senate should review the case for his vindication. ice of the Government all knowledge of the cause for their dismissal. A little further on he said: He denies to the Senate of the United States that knowledge, while at If in any degree the suggestion is worthy of consideration, it is to be hoped the same time asking the Senate to approve his acts and make them there may be a. defense against unjust suspension in the justice of the Executive. complete. I will again concede a point for one moment for the sake of the ar The "justice of the Executive" forsooth ! gument. Suppose the President to be right in his position that the Upon what meat doth this our Cresllr feed, That he is grown so great? Sen3.te has no legal "arrant to call upon him for the papers showing charges against officers whom he has suspended-that such a demand on Consider now the reasoning with which a suspended official must con the part of the Senate is an encroachment upon his prerogative. Is he tent himself: He held an office with a fixed tenure. He was assured by justified, because of a punctilious regard for a prerogative, in placing the Executive that he would not be suspended except for good cause. under a cloud of disgrace men who have held civil offices, and so far as He is nevertheless suspended. He asks what cause existed for the sus the world knows or can find out have been guilty of no offense, and pension. He is not conscious of having committed any wrong or of hav denying them the same right that the law of the land accords the mean ing failed in any duty. Therefore, he thinks he is wrongfully sus est thief or criminal? Ought they not at least to be allowed to know pended. But, whilehemaynotknowwhyhewassuspended, orofwhat with what they are charged? he has been accused, he is met by the comforting assurance from the But I will not admit the existence in one man of such power over the President himself that be is defended from unjust suspension by the in fate and character of citizens. It is incongruous in a government of fallible "justice of the Executive." The executive justice must be in law. It is only known in countries where one man is the law. It fallible; else what defense can it be against unjust suspension? Hence, can not be that it exists here. having been suspended, the officer must believe-inde~d, he is not per• -- .
1886. CONGRESSIONAL RECORD- SENATE. 2395 mitted to doubt-that he has done wrong, though for his life he does men who have been in office in lllinois against any unjust aspersions or not know what wrong he has done, nor can he find out. suppositions upon their honesty of purpose and honesty of action as This will not do. The theory that the king can do no wrong is long private citizens and as public officers as well. It is in my opinion con since exploded among enlightened nations. It never had a foothold in trary to law and a violation of the rights of individuals to deny them this land and never will have. this privilege. The President declares in his message that ''not a suspension has been Has the President forgotten his own words, when, in accepting the made except it appeared to my satisfaction that the public welfare would nomination at the hands of the Democratic party for the office of Pres be improved thereby.'' ident, he said: A very diplomatic statement this, but evidently intended to convey I believe that public temper is such that the voters of the land are prepared the impression that he claims to have kept his pledge to suspend only to support the party which gives the best promise of administering the Govern for good cause. With that view of the meaning of his statement I ment in the honest, simple, and plain manner which is consistent with its char acter and purposes. They have learned that myst~ry and concealment in the challenge its correctness. I make the assertion boldly and without fear management of their affairs cover tricks and betrayal. of successful contradiction that in the State of illinois public officials have been suspended by the present Executive than whom no more Sir, are there" tricks and betrayal" behind the" mystery and con faithful and efficient public servants can be found, and against whom cealment'' to which the present administration has resorted? It is for no charge of official misconduct can be sustained. If these men were the Executive to show that there are none. The production of the pa not suspended simply and solely for politicall'easons, what in heaven's pers called for by the Sen~ alone will settle the question and satisfY name were they suspended for? this Senate and the people. I am not attempting to shield political friends from the loss of their A refusal to produce them must and will be taken by the people as offices, but I do propose to enter my protest against a secret star cham a plea of guilty to ''tricks and betrayal," the extent of which the Ex ber trial and conviction of men whom I know and all their neighbors ecutive is not willing the country should know. know to be honest men. These offices might be taken from them with Mr. MAXEY. Mr. President, the real question underlying the res out injury to their character. It is not the loss to these men of their olutions accompanying the report of the majority of the Committee on offices against which I am protesting, but the unwarranted reflection the Judiciary is one of unusual importance, affecting the harmonious upon their good Iiame which attaches to the manner in which their relations contemplated by the Constitution between the executive and offices are taken from them. If the President has acted in good faith the Senatorial branch of the. legislative department. The Duskin in these acts of suspension, I assert that he has been deceived. If case, of course, is simply seized upon as an occasion to raise an issue charges have been filed against these men they should be permitted to with the Executive on a grave question of constitutional power. Duskin examine them in the clear light of day. If no charges stand against had ceased, by the expiration of his term, if not by his suspension, to t.hem it is but right that the people and these men should know it. be an officer of the United States before the resolutions were presented. Where then are the reasons for concealment in this matter? Perhaps his was as good a case as another, for the purpose of the ma I desire for a few moments to refer to a document; and if we could jority reached far beyond that case. It is well also to understand that get a report from the Postmaster-General to-day upon the cases of sus the first resolution, which declares "That the Senate hereby expresses pensions and removals, including Presidential offices and the fourth its condemnation of the refusal of the Attorney-General, under what class post-offices as well, all the postmasters whose offices are in that ever influence, to send copies of the papers called for," &c., is aimed, Department, I anticipate that we should get very much such a report not at the Attorney-General nor at his refusal, but at the President of as the one I hold in my hand. It is a report by the Postmaster-General the United States, and he who expects him to be guilty of the moral in response to a resolution of the House of Representatives-House of cowardice of yielding his deliberate convictions as to the constitutional Representatives, Executive Document No. 96, Thirty-ninth Congress, powers vested in him as E;:ecutive reckons without his host. second session, dated February 18, 1867, made before the tenure-of-office On the first day of this month the President sent to the Senate a. law was passed in 1867. The report gives a verbatim list of all the men message in relation to the subject-matter now before the Senate. The who were suspended and the reasons therefor. "JacobE. P. Porter," resolutions and report of the majority of the Committee on the Judi for instance, "removed for political reasons." "William ::~\fills, re ciary were then pending. They were condemnatory of the course of moved for political reasons,'' and so on through the list of all the States. the President on the. very matter to be tried. Where does the Senate This report was made by Postma~ter-General Randall in 1867, just a derive authority to condemn the head of a co-ordinate Department of little while before the tenure-of-office law was passed. • the Government except as a court upon impeachment coming from the Let us see what the showing is that he makes in reference to ap people's r~presentatives? But as the Senate had assumed to try, had pointments and removals. The whole number of removals was 1,644. he not a nght to be heard? Who knew as well as he the facts on which Of this number 1, 283 were for political reasons; 92 to give place to sol he acted? Yet when the message was read, the Senator from Vermont diers; 64 for failures~ bon~; ~were supersedures by change of site [Mr. EJ?MUNDs], who had taken the lead in this arraignment, declared of offices; 23 for unfa1thfulness m office; 17 were caused by misappre from his seat that the mes..C~age very vividly brought to his mind the hension of facts in the appointment ofpostmasters; 17 were caused by communications of King Charles I to Parliament, telling them what they postmasters moving awny; 16 were caused by postmasters abandoning ought and ought not to do, &c. Is the Senate an ez parte inquisition? offices; 8 were for intemperance; 9 because the postmasters were un Is but one side to be heard? Who made the Senate judge over the polit satisfactory to the citizens; 8 because of political reasons and neglect of ical Israel of America? Not the Constitution, surely. duty; 3 to give place to widows of deceased soldiers; and so on through, Sir, the futal indecision of character which brought Charles Stuart giving the whole list of the removals that had been made by that Post under the power of Cromwell, and his head t() the block, by the sen master-General, and showing exactly the ground upon which each man tence of a court organized to con viet, will not be found in Grover Cleve was removed. The result was that the one or two thousand men who land. He who may attempt to play the rMe of Cromwell will find were removed did not go out to the country with their chara-cters that this is not the country nor this the occasion, for the President blackened by an assumption or presumption based on the position taken stru;t.ds on fum ground, backed by the ~onst!-tution and the people, by the ad.IIlbistration that nobody was to be removed from office ex while the unhappy Charles Stuart was v1olating the constitution and cept for good cause, but the reason was asserted in connection with each had estranged the people. The Cromwell has not yet been born who man's name that he was removed for political considerations, or if he can, in the name of the Senate, grasp the constitutional power vested was a rascal that fact was announced. in the Executive. Still, that the majority will support the resolutions This report was made in February, 1867, and the tenure-of-office law no one doubts, bot that they will be condemned by that great body of was passed on the 2d of l\{arch, 1867, so that it came under the Con triers who make Presidents and Senators I have no sort of doubt. stitution. The Postmaster-General in those days didnotthink that he The speech of the Senator from Alabama [Mr. PUGH], on behalf of was greater than the great legislative department of the Government the minority of the Committee on the Judiciary, was fully up to the and that he could say, "Thus I will, and thus I will not," but in re~ expectations of his party friends, among whom his ability, enriched spouse to a resolution ofthe House ofRepresentatives, they having noth by ripe expe~e~~' is recognized. The speech of the young Senator ing to do with his Department so far as confirmations were concerned from .West Vrrguua [Mr. KENNA] was beyond the expectation of his the Postmaster-General furnished the list of all removals and gave th~ most sanguine friends, although much was expected. To what they specific reasons in each case. If the present Postmaster-General had so well said I beg to add my contribution, and I shall present as con done that, or even if the administration had not in the first place laid cisely as I may be able, the reasons which will control my actidn. The the foundation of beclouding the characters of men who have been re resolutions of the committee are as follo-ws: moved or suspended, therewould have been none of this discussion to Resolved, Thn.t the foregoing report of the Committee on the Judiciary be day. But the fact is otherwise. The gentlemen who are out of office agreed to and adopted. Resolved, That the Senate hereby expresses its condemnation of the refusal of care nothing for that fact, I assert, so far as any man in illinois is con the Attorney-General, under whatever influence, to send to the Senate copies cerned, but they do care to know whether any man has sneakingly of papers called for by its resolution ofthe 20th of January, and set forth in the skulked into the "Post-Office Department and filed affidavits there in report of the Committee on the Judiciary, as in violation of his official duty and subversive of the fundamental principles of the Government and of a good ad vited by the Postmaster-General, to blacken their characters to c~me ministration thereof. up against them perhaps in ten years, or against their family tiame after Resolved, That it is, under these circumstances, the duty of the Senate to re they are dead and gone. That is what we want to know here. That fuse its advice n.nd consent to proposed removals of officers, the documents and papers in reference to the supposed official or personal misconduct of whom are is the only reason why I have any feeling upon thesubjectat all, and I withheld by the Executive or any head of a. Department when deemed neces propose, so far as I am concerned, to stand her~ and defend the honest sary by the Senate and called for in considering the matter. 2396 CONGRESSIONAL RECORD-SENATE. MARCH 16,
.Resolved, That the provision of section 1754 of the Revised Statutes declaring duties of such office until the next meeting of the Senate, and until the case shall " That persons honorably discharged from the military or naval service by be acted upon by the Senate, and such person so designated shall take the oaths .reason of disability resulting from wounds or sickness incurred in the line of and give the bonds required by law to be taken and given by the person duly ap duty, shall be preferred for appointments to civil offices, provided they are found pointed to fill such office; and in such case it shall be the duty of the President, to possess the ltusiness capacity necessary for the proper discharge of the duties within twenty days ~~ofter the first day of such next meeting of the Senate, to re mf such office"- port to the Senate such suspension, with the evidence and reasons for his action ought to be faithfully and fully put in execution, and that to remove, or to pro in the case, and the name of the person so designated to perform the duties of pose to remove, any such soldier, whose faithfulness, competency, and character such office. And if the Senate shall concur in such suspension and advise and are above reproach, and to give place to another who has not rendered such consent to the removal of such officer, they shall so certify to the President, who service, is in violation of the spirit of the law, and of the practical gratitude the may thereupon remove such officer, and, by and with the advice and consent of people and Government of the United States owe to the defenders of constitu the Senate, appoint another person to such office. But if the Senate shall refuse tional liberty and the integrity of the Government. to concur in such suspension, such officer so suspended shall forthwith resume the functions of his office, and the powers of the person so performing its duties The scope of the resolutions iS more fully developed by the majority in his stead shall cease, and the official salary and emoluments of such officer . shall, during such suspension, belong to the person so performing the duties report and the speech of the Senator from Vermont [:1\fr. Enl\IUNDS] in thereof, and not to the officer so suspended : Provided, lwweveT, That the Presi support of the report and resolutions. The minority present theh dent, in case he shall become satisfied that such suspension was made on insuf views and conclusions in a paper of marked ability. ficient grounds, shall be authorized, at any time before reporting such suspen sion to the Senate a.s above provided, to revoke such suspension and reinstate It is well to note that however disguised .the motive of the majority such officer in the performance of the duties of his office. may be, the real object is to compel the President, sooner or later, tO dis cover to the Senate the reasons which influell'Ced him in making suspen SEc. 6.* And be itfurUterenacted,* * That *every removal,* appointment,* or *employ- sions and removals. It is .an attempt to do indirectly what confessedly ment, made, had, or exercised, contrary to the provisions of this act, and the making, signing, sealing, countersigning, or issuing of any commission or letter can not be done directly. The report which seeks to support and explain of authority for or in respect to any such appointment or employment, shall oo the resolutions will, I think, fully sustain this view. That report may deemed, and are hereby declared to be, high misdemeanors, and, upon trial and be divided into three heads; the first, a collection of what themajority conviction thereof, every person guilty thereof shall be punished by a. fine not exceeding $10,000, or by imprisonment not exceeding five years, or both said are pleased to consider precedents, and which have no bearing on the real punishments, in the discretion of the court: Provided, That the President shall question; the second, an arraignment of the President for what the ma have power to make out and deliver, after the adjournment of the Senate, com jority are pleased to term a violation of his pledge, and which is simply missions for all officers whose appointment shall have been advised and con- astumpspeech injectedintowhat ought to be a report on a grave consti sented to by the Senate. · tutional issue between one of the co-ordinate Departments of the Gov This act in the calm light of sober reflection is amazing. It stands ernment and one branch of another, and entirely outside the question out in bold relief without a counterpart in the history of this Govern at issue; the third part is a twin of the second, being· also a stump ment. It shows to what extremes grave legislators may ~o in times of speech addressed to the soldier element, and manifestly having no re high party excitement. Two years afterward some of the principal lations whatever to the issue. The report is nominally addressed to the features of this most arbitrary and oppressive act were modifi,ed, and Senate, and that is all. , others swept from the statute-book, and the act approved April 5, 1869 Complaint is made that there have been six hundred and forty-three (volume 16, page 6), was substituted. I read that act, so that its pro suspensions under the present administr-ation. The complaint that the visions may be contrasted with those ~f the act of1867: people who elected the present Executive make is that there have not An act to amend "An act regulating the tenure of certain civil offices." been ten times six hundred and forty-three removals. The significance Be it enacted by the Senate and House of Rep1·esentativu of the United Stales of of the election of November, 1884, as I construe it, was a change from America in Congress assembled, That the first and second sections of an o.ct en Republican to Democratic principles, methods, and policies. A Demo titled "An act regulating the tenure of certain civil offices," passed March 2, 1867, be, and the same are hereby, repealed; and in lieu of said repealed sections cratic administration was desired and expected, root, stem, and branch. the following are hereby enacted : Genuine civil-service reform demands that the Executive, who is re~ That every person holding any civil office to which he has been or hereafter may be appointed by and with the advice and consent of the Senate. and who quired by the Constitution to take care that the laws be faithfully exe shall have become duly qualified to act therein, shall be entitled to hold such cuted, should have the selection of honest and competentJigents, in ac office during the term for which he shall have been appointed, unless sooner cord with the policy indicated by his election. Any attempt to conduct removed by and with tbe advice and consent of the Senate, or by the appoint ment, with the like advice and consent, of a successor in his place, except ns an administration through officers hostile to its policy will necessarily herein otherwise provided. prove a failure. SEc. 2 . .And be it further enacted, That during any recess of the Senate the Pres The Republicans-wise in methods-urge a power in the Senate ident is hereby empowered, in his discretion, to suspend any civil officer ap pointed by and with the advice and consent of the Senate, except judges of the which, if carried out, keeps or aims .to keep the "ins" in and the United States court.s, until the end of the next session of the Senate, and to des- ''outs'' outt in violation of the will of the people e~pressed through gnat.e some suitable person, subject to be removed in his discretion by the des the ballot-box. And, however much this object may be disclaimed, it ignation of another, to perform the duties of such suspended officer in the mean time; and such persou so designated shall take the oaths and give the bonds results all the same. required by law to be taken and given by the suspended officer. and shall, dur THE ISSUE, ing the time he performs his duties, be entitled to the salary and emoluments of such office, no part of which shall belong to the officer suspended; and it shall Stripped of all unnecessary verbiage, ·the simple issue is, where and be the duty of the President within thirty days after the commencement of each in whom is the power of removal lodged by the Constitution? There ession of the Senate, except for any office which iu his opinion ought not to be is no escape from it, no evasion of it. The minority in the Senate, filled, to nominate persons to till all vacancies in office which existed at the meeting of the Senate, whether temporarily filled or not, and also in the place representing the majority of the people, stand upon the decision of the of all officers suspended; and ir the Senate during such session shall refuse to fathers, recognized from the First Congress under the Constitution, in advise and consent to an appointment in the place of any suspended officer, 1789, by all succeeding Congresses, by the courts, by the commentators, then, and not otherwise, the President shall nominate another person as soon ns practicable to said session of the Seaa.te for said office. by the people without successful question by any party, Federal, Demo SEc. 3 . .And be it further enacted, That section 3 or the act to which this is nn crat, Whig, or Republican, down to the year 1867. And then for the amendment be amended by inserting after the word" resignation," in line 3 of first time in the history of this country Congress assumed to control said section, the following: "or expiration of term of office." the question of removal from office. I step aside a moment from the Approved, April 5, 1869. line of my argument to sketch the occasion for the act of 1867. It will be found by the record of the proceedings of the Forty-first What were the circumstances under which that claim was ma.de? Congress, first session (Congressional Globe, page40), that the Honse by Andrew Johnson occupied the Presidential chair. Angry disputes be the unusually large vote of 138 to 16 voted for the total repeal of the tween him and Congress resulted in complete estrangement and mutual act of1867. The bill went to the Senate and wasamended by striking distrust. He had been elected by the Republican party. They be ont the repeal and substituting suspension of the statute till the first lieved that he had abandoned their party and returned to the fold of day of the next ensuing session. This was rejected by the Honse. the Democratic party from which he had unhappily strayed; and the The debate in the two Houses will showthatthe ablestRepublica.nsin Republicans being in an overwhelming majority in both Houses, de both Houses were in favor of the total repeal or a material modifica termined to bend him to their will, or, at all events, to so trammel him tion. After various efforts at compromise the present statute was agreed that he could not be in the way of their policy. Under thesecircum on, and as I proceed I will show the construction in ·the House given stances the act of March 2, 1867, was passed. This act may be found to the conference report which became the act. The persistency with in United States Statutes at Large, volume 14, page 430. I beg to call which the Senator from Vermont and those acting with him held to your attention to the first, second, and sixth sections of the act: the principle of Senatorial control embodied in the original act alone Be it enacted, &c., That every person holding any civil office to which he has retained any of it. been ..appointed by and with the advice and consent of the Senate, and every The House was unquestionably for a total repeal. The principle of person who shall hereafter be appointed to any such office, and shall become duly qualified to act therein, is, n.nd shall be, entitled to hold such office unt-il Senatorial control over removals is retained from the act of 1867 in the a successor shall have been in like manner appointed and duly qualified, except ad of 1869. And this last act further provides that during any recess of as herein otherwi e pro>ided: Provided, That the Secretaries of State, of the the Senate the President is empowered in his discretion to suspend, Treasury, of War, of the Navy, and of the Interior, the Postmaster-General, and the Attorney-General shall hold their offices respectively for and during the &c., thus claiming to grant by law the power of suspension, but con term of the Pre ident by whom they may have been appointed and for one ceding it at his discretion. If he is empowered to suspend, what bas month thereafter, subject to removal by and with the advice and consent of the the Senate to do with it? The Democratic party from its foundation Senate. Sxc. 2. And be itfttrth.er enacted, That when any officer appointed as aforesaid, has recognized the power of removal to be vested in the President by excepti~ judges of the United States courts, shall, during a recess of the Senate, the Constitution. be shown, by evidence satisfactory to the President, to be guilty of mi conduct It has been said in this debate that the President possessed the power in office, or crime, or for any reason shall become incapable or legally disquali fied to perform its duties, iu such case, and in no other, the President may sus of removal because prior to 1867 the law conferred it. If by law is pend such officer and designate some suitable person to perform temporarily the meant a statute and not the Constitution the assertion is unwarrante~ 1886. CONGRESSIONAL RECORD- SEN ATE. 2397.
The acts of 1789 organizing the Departments of Foreign Affairs, Treas denced when it is shown that he has done everything to be performed by him. ury, and War did not pretend to grant to the President the power of (Page 156.) removal, but recognized the fact that the power was already in him by Again: the Constitution, and this fact was constantly r~ognized till the act The last act to be done by the President is the signature of the commission· He has then acted upon the advice and consent of the Senate to his own nomi. of 1867 nation. The time for deliberation is passed. He ha.s decided. His judgment I now return to the line of argument I was pursuing and from which on the advice and consent of the Senate concerning his nomination has been I digressed in order to embody the facts stated in these remarks in re made, and the officer is appointed. The appointment is evidenced by an open, unequivocal act, and being the last act required from the person making it, lation to the history of the acts of 1867 and 1869 with a view to their necessarily excludes tbe idea of its being, as far a.s respects the appointment, an use further on. inchoate and incomplete transaction. (Page 156.) First. By Article I, section 1, the Constitution vests in Congress ex UPON WHOM DOES THE RESPONSffiiLITY REST? clusive power of legislation in respect to all matters therein granted. The responsibility for the faithful execution ofthe laws by the very Second. By Article II, section 1, the executive power is vested in the terms of the Constitution rests on the President, and in the nature of President. things the executive power vested in him by the terms of that instru Third. By Article III, section 1, the judicial power is vested in one ment embraces the power of intrusting this execution to faithful and Supreme Court and such inferior courts as Congress may from time to competent agents, and if he finds one who is faithless or incompetent time ordain and establish. he not onJy has the power but it is a solemn duty to remove the faith In these articles and sections the great powers delegated to the United less or inefficient incumbent. States by the Constitution are partitioned among the three co-ordinate Power and responsibility must in any well-ordered government go departments of equal dignity and in all respects independent of each hand in hand. other, save and except in the matters specially named in the Constitu The President is responsible under his oath of office to the people, tion. Neither can encroach upon the well-defined boundary of the not to the Senate. If he willfully fails or criminally neglects to take other, and for convenience I transcribe these sections and the parts of care that the laws be faithfully executed he is liable to impeachment the Constitution which bear upon the question at issue. by the Hotise and trial and conviction by the Senate, sitting not in its All legislative powers herein granted shall be vested in a Congress of the legislative, not in its executive, but in its judicial capacity as a court United States, which shall consist of a. Senate and House of Representatives. (Article I , section 1, Constitution.) . under the Constitution to try the impeachment, and under oath as such The executive power shall be vested in a President of the United States of court, as follows, administered to each member of the Senate before America.. (Article II, section 1, Constitution.) trial had, to wit: "I solemnly swear (or affirm, as the case may be) The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts a.s the Congress may from time to time ordain nnd that in all things appertaining to the trial of the impeachment of - establish. (Article nr, section 1, Constitution.) . --, now pending, I will do impartial justice aecording to the Consti He [the President] shall have power, by and with the advice and consent of tution and laws. So help me God." And when the Chief Magistrat-e the Senate, to make treaties, provided two-thirds of the Senat-ors present con cur; and he shall nominate, and, by and with the advice-and consent of the Sen is on trial the Chief-Justice of the United States presides. Yet in the ate, shall appoint embassadors, other public ministers and consuls, judges of the pending resolutions, the Senate, sitting in its legislative capacity, with Supx·eme Court, and all other officers of the United States, whose appointments out impeachment from the I{ouse, assumes to condemn the President, are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers, as and further assumes the power against his will to force him to retain they think proper, in the President alone, in the courts of law, or in the heads officers whom he can not trust; and yet if the laws are not faithfully of Departments. (Article U, section 2, clause 2, Constitution.) executed he may be held criminally responsible, because the Constitu The President shall have power to fill up all vacancies that may happen dur ing the recess of the Senate by granting commissions which shall expire at the tion holds him responsible for their due execution. It is true that he end of their next session. (Article II, section 2, clause 3, Constitut.ion.) might plead that he was forced by the Senate to keep the faithless He shall take care that the laws be faithfully executed, and shall commission agents. Who are his triers? The same Senate. all the officers of the United States. (Article ll, part of section 3, Constitution.) The President, Vice-President, and all civil officers of the United States, sha.U But suppose it should be :manif~t to the Representatives ofthe people be removed from office on impeachment for, and conviction of treason, bribery, that the Senate was obstinately obstructing the due execution of the or otht:r high crimes and misdemeanors. {Article II, section 4, Constitution.) laws, what can the House of Representatives do? They cannot impeach Before be enters on the execution of his office, he sha11 take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute Senators, because they are not civil officers of the United States, and it the office of President of the United States, and will to the best of my ability pre would be folly to impeach an officer in whose favor the triers-the Sen serve, protect, and defend the Constitution of the United States." ate-had already entered judgment. Thus by this bending, this distor The general grant to the President and investiture of executive power tion of the Constitution, this destruction of its harmonious arrangement, is of all executive power, save and except as qualified in the matter of its great aim, an efficient, faithful administration of the Constitution treaties and appointments. The general grant of legislative power to and laws, is thwarted. I can not conceive how any man can find in Congress is of all legislative power, save as modified or_restricted by the Constitution warrant for the claim that the President can notre clause 2, section 7, Article I, granting to the President a qualified veto move without the consent of the Senate. power. There is no blending of legislative or executive with judicial The Constitution specially confers upon the Senate the power to ''ad powers. vise and consent'' to the appointments-not to make appointments, but The Constitution declares that ''the executive power shall be vested to advise and consent to appointments; and when that advice and con in a President of the United States of America." He has the vested sent are had the duty of the Senate is performed and the President ap right, solely and exclusively, to exercise that power, save as it may be points. But nowhere does the Constitution declare that the Senate qualified by clause 2, section 2, Article II of the Constitution. As to shall advise and consent to removals. And as the duties of the Senate exceptions out of a general power, the Supreme Court says: are legislative, not executive, and as both appointments and removals This court, in construing the Constitution as to the grants of power to the are executive in their natures, and in no sense legislative, and as the United States and the restriction upon the States, have ever held that an excep "advice and consent" to the appointment-not partnership in making tion of any particular case presupposes that those which are not excepted are the appointment-are superimposed on the executive power of appoint embraced within the grant or prohibition, and when no exception is made in terms none will be made by mere implication or construction. (Rhode Island ment vested in the President and an exception io the general grant, the tiS. Massachusetts, 12 Peters, 637; and cites 6 Wheaton, 378; 8 Wheaton, 4~, exception, by all the rules of law, must be strictly construed. 490; 12 Wheaton, 438; 9 Wheaton, 206, 207, 216.) The Senate can extend its power not one whit beyond this special If there be in the Constitution an exception to the general grant of exception, and no other power-removal or any other-can be super executive power to the President it is in what relates to treaties and imposed upon the limited power of "advice and consent" in matters appointments, and it is with the latter only that it is necessary now to of appointment. And had the Constitution not specially required the deal. Let us first look into the question of appointment. "advice and consent" to appointments, the vested executive power IN WHOM IS THE POWER OF APPOINTMENT VESTED? of the President would have clothed him with the sole power of making The language of the Constitution, to my mind, makes the point en appointments without such advice and consent, precisely as it now does tirely clear. "He [the President] shall nominate, and, by and with in matters of removals; _for let it be kept in view that "an exception the advice and consent of the Senate, shall appoint.'' &c. The sentence of any particular case" (as in this case "advice and consent" to an is just as clear as if it had read: "He shall nominate, and, by and with appointment) ''presupposes that those which are not excepted are em the advice and consent of the Senate, he shall appoint," &c. But if braced within the grant" (as in this case of executive power to the President), and that when "no exception is made in terms," as there there could be a question raised that this is the true meaning, it is set 1 tled by the Supreme Court of the United States in the case of Marbury undoubtedly is not of ' removal'' from the general grant of executive vs. J.Iadison, 1 Cranch, Chief-Justice Marshall delivering the opinion, power, " none will be made by implication." ns follows: I therefore hold that by the very terms of the Constitution the power of removal is vested alone in the President. The term ''executive First. The nomination. This is the sole act of the President, and is completely voluntary. power '' is equal to all its parts, and removal is an essential part or Second. The appointment. This is also the act of the President, and is also a element of executive power, and the Constitution in granting executive voluntary act, though it can only be performed by and with the advice and con sent of the Senate. power to the President necessarily grants the power of removal, and it Third. The commission. To IP'anta. commission to a. person appointed might nowhere restricts its exercise. :perhaps be deemed a. duty enjomed by the Constitution. "He shall," says that Those who claim that the appointment is the joint production of the mstrument, "commission all the officers of the United States." (Page 154.) President and Senate insist that the power of removal is an incident of And again: the power of appointment, that the same power which appoints can re The appointment being the sole act of the President, must be completely evi- move, and that removals can not otherwise be effected. To my mind 2398 CONGRESSIONAL · RECORD-SENATE. MARCH 16, this is a. transparent fallacy. Senators are appointed by State Legisla cla_use in the bil~; and, so far as.it ~been examined, I agree that it is a legis lative construction of the Constitution necessary to be settled for the direction tnres; Representatives, by the people; tbe people, in the manner pre of your officers. But if it is a deviation from the Constitution, or in the last scribed by the Constitution, appoint the President; the President, the degree an infringement upon the authority of the other branch of the Legisla Senate advising and consenting, appoints judges; but in not one of these ture, I shall mo t decidedly be against it. But I think it will appear on a full consideration of this business, that we can do no otherwise than agr~e to this cases does the power which appoints remove. I do not place the power construction, in order to preserve to each department the full exercise of ita of removal as an incident to the power of appointment, but it is, in my powers, and to give this House security for the proper conduct of the officers judgment, clearly a. substantive power vested in the President by the who are to execute the laws. The argmnents adduced are to show that the power of removal lies either in Constitution, to the end that he may ''take care that the laws be faith . thf- President lmd Senate, or the President alone, except in the cases of removal fully executed." by impeachment. There is nothing, I take it, in the Constitution, or the reason Butifthe position that the same power which appoints must remove of th.e ~bing, that officers should be only removable by impeachment. Such a proVIsion would be derogatory to the powers of Government and subversive have any force and prove anything, it proves too much for its advocates; o.f t?-e rights of the people. What says the Constitution on the point? a fear, for if the argument I haYe made and the authorities offered, includlng su, 1t has not been rightly comprehended.) That the House of Representatives the decisions of the Supreme Court, prove anything, they prove that shall have the sole power of impeachment; that the Senate shall have the sole power to try all impeachments; and judgment shall not extend further than to the President appoints, and so by that theory the President may re removal from office, and disqualification to hold it in future. Then comes the moYc. clause declaring absolutely that he shall be removed from office on impeach But before passing to a consideration of the tenure-of-office act of ment for and on conviction of treason, bribery, or other high crimes or mis demeanors. 1867, amended by the act of 1869, I wish to fortify the argument al It is this clause which guards the rights of the House and enables them to pull ready made by authorities which will command the respect of all, and down an improper officer, although he should be supported by all the power of I shall quote copiously, not only because of the great weight of the the Executive. This, then, is a. necessary security to the people, and one that is wisely provided in the Constitution. But I believe it is nowhere said that of distinguished characters whom I shall cite, b:ut because the authorities ficers shall never be removed but by impeachment; but it says they shall be re are not all of ready access to the people who will read the debate now moved on impeachment. Suppose the Secretary of Foreign Affairs shall mis going on. behave and we impeach him; notwithstanding the clearest proof of guilt, the THE GREAT DEBATE OF 1789, Senate might only impose some trifling punishment and retain him in office if it were not for this declaration in the Constitution. ' in the House of Representatives, on the very question now before the Neither this clause nor any other goes so far as to say it shall be the only mode of removal· therefore we may proceed to inquire what the other is. Let Senate, has never been snrpassed in research or ability in the delibera us examine whether it belongs to the Senate and President. Oertainly, sir, there tions of Congress or any other deliberative body. It was conducted is nothing that gives the Senate this right in express terms; but they are au on all sides with that dignity and decorum which should mark all de thorized, in express words, to be concerned in the a-ppointment. And does this necessarily include the power of removal? If the President complains to tho bates, but especially one involving a question of constitutional con Senate of the misconduct of an officer and desires their advice and consent to struction of the highest moment. This debate was opened in the House the removal, what are the Senate to do? Most certainly they will inquire if the of Representatives May 19, 1789, on a. motion of Mr. :Madison as fol complaint is well founded. To do this they must call the officer before them to answer. Who, then, are the parties? The supreme executive officer against his lows: assistant; and the Senate are to sit as judges to determine whether sufficient 1\I.r. Madison moved that it is the opinion of the committee that there shall be cause of removal exists. Does not this set the Sena-te over the head of the Pres established an executive department, to be denominated the department of for ident? But suppose they shall decide in favor of the officer, what a situation is eign affairs, at the head of which there shall be an officer to be called the secre the President then in, surrounded by officers with whom by his situa-tion he is tary to the department of foreign affairs, who shall be appointed by the Presi compelled to act, but in whom he can have no confidence, reversing the privi dent by and with the ad vice and consent of the Senate; and to be removable by lege given him by the Constitution, to prevent his having officers imposed upon thePremdent. That there shall be a Treasury Department, &c. That there shall him who do not meet his approbation. be a War Department, &c. Mr. Vming seconded the motion. (Annals First Con But I have another more solid objection which places the question in a more gress, volume 1, pages 370, 371.) important point of view. The Constitution has placed the Senate as the only security and barrier between the House of Representatives and the President. Many of the ablest minds in that Congress, a. number .who had par Suppose the President has desired the Senate to concur in removing an officer ticipated in framing the Constitution, and all contemporaries of its and they have declined; or suppose the House has applied to the President and Senate to remove an officer obnoxious to them and they determine against framers, took part in the debate, among whom were Mr. 1\!adison, Mr. the measure, the House ca.n have recourse to nothing but an impeachment, if Boudinot, Mr. Ames, Mr. Sedgwick, Mr. Smith of South Carolina, Mr. they suppose the criminality of the officer will warrant such a. procedure. Will Goodhue, 1\fr. Gerry, l\1r~ Baldwin, Mr. Clymer, Mr. Benson, and Roger the Senate then be that upright court which they ought to appeal to on this oc casion when they have prejudged your cause? I conceive the Senate will be Sherman. Mr. Madison at the outset of the debate spoke as follows: too much under the control of their former decision to be a proper body for I thil'_lk it absolutely ~ecessary that .the .Presiden~ should have the power of this House to apply to for impartial justice. removmg from office; 1t will make h1m, m a peculiar manner, responsible for As the Senate are the dernier Tessort and the only court of judicature which their conduct, and subject him to impeachment himself if he suffers them to can determine on cases of impeachment, I am for preserving them free and in pe1:petrate with impunity high crimes or misdemeanors against the United dependent, both on account of the officer and this House. I therefore conceive States, or neglec~ to .superintend thei..J; conduct, so as to check their excesses. that it was never the intention of the Constitution to vest the power of removal On the constltutionality of the declaration I have no manner of doubt. in the President and Senate; but, as it must exist somewhere, it rests on the President alone. I conceive this point was made fully to appear by the honor And again, at a later day, Mr. Madison said: able gentleman from. Virginia [Mr. MADISONj inasmuch as the President is the It is evidently the intention of the Constitution that the First l'tiagistrate should supreme executive officer ofthe United States. be 1·esponsible for the executive department; so far, therefore, as we do not Mr. Vining, in reply to Mr. White's proposition that the same power make the officel'S who are to aid him in the duties of that department responsi ble to him he is not responsible to his country. Again, is there no danger that that appoints must remove, and, according to .Mr. White, the President an officer, when he is a-ppointed by the concurrence of the Senate, and has friends and Senate appoint, and therefore it takes the President and Senate to in that body, may choose rather to risk his establishment on the favor of that remove, said: branch than rest it upon the discharge of his duties to the satisfaction of the executive branch, which is constitutionally authorized to inspect and control It may be contended, on the gentleman's principles, that the President shall his conduct? And if it should happen that the officers connect themselves with have the power of removal because it is he who appoints. The Constitution the Senate they may mutually support each other, and for want of efficacy re says he shall nominate and, under certain qualifications, appoint. The Senate duce the power of the President t~ a mere vapor; in which case his responsi do not appoint; their judgment only is required t~ acquiesce in the President's bility would be a-nnihilated and the expectation of it unjust. nomination. ~ere, then, is the natural responsibility placed? Because, where that is, ought to be the power of removaL The Constitution contemplates no And further on in the same speech: ~~e:s&~~l~~~· If we were to insert a contrary one, the Government must go The question now resolves itself into this, Is the power of displacing an ex ecutive power? I conceive that if any power whatever is in its nature execu 1\lr. Boudinot, in another speech from the one before quoted, said : tive, it is the power of appointing, overseeing, and controlling those who execute the laws. II the Constitution had not qualified the power of the President in Now, let us take the Constitution, and consider, from the terms and princi appointing to office, by associating the Senate with him in that bnsiness would ples of it, in whom this power is vested. It is said by some gentlemeu to be an it not be clear that he would have the right, by virtue of his executive'power omitted case; I shall take up the other principle, which is easier to be main to make such a-ppointment? Should we be authorized, indefianceofthatcla~ tained, that it is not an omitted case, and say the power of removal is vested in in the Constitution, " The executive power shall be vested in a President " to the President. I shall also take up the principle laid down by the gentleman nnite the Senate with the President in the appointment to office? I conc'eive from Virginia [Mr. White] at the beginning of his argument, that agreeable to not. If it is admitted that we should not be authorized t~ do this, I think it may the nature of all executive powers, it is right and proper that the person who be•disputed whether we have a right t~ associate them in removing persons appoints should remove. This leads me to consider in whom the appointment from office, the one power being as much of an executive nature as the other· is vested by the Constitution. The President nominates nnd appoints; be is and the first only authorized by being excepted out of the general rule estab~ further expressly authorized to commission all officers. Now, does it appear lished by the Constitution in these words: "The executive power shall be from this distribution of power that the Senate appoints? Does an officer exer vested in the President.'' cise powers by authority of the Senate? No; I believe the President is the per The· judicial power is vested in a supreme court, but will gentlemen say the son from whom he derives his authority. He appoints, but under a check; it judicial power can be placed elsewhere, unless the Constitution has made an is necessary to obtain the consent of the Senate; but after that is obtained, I ask exception? The Constitution justifies the Senate in exercising a. judiciary who appoints? Who vests the officer with authority? Who commissions him? power in determining on impeachment; but can the judicial power be further The President does these acts by his sole power, but they are :xeroised in con blended with the powers of that body? They can not. I therefore say it is sequence of the advice of another branch of the Government. If, therefore, the incontrovertible, if neither the legislative nor judicial powers are subjected to officer receives his authority and commission from the President, surely the re qualifications other than this demand in the Constitution, that the executive moval follows as coincident. powers are equally unabatable as either of the others; and inasmuch as the And further on in the same speech he declared: power of removal is of an executive nature, and not affected by any constitu tional exception, it is beyond the reach of the legislative body. Gentlemen say they have a sufficient remedy for every evil likely to result from connecting the Senate with the President. This they propose to do by al I invite your attention to the following able and lucid argument of lowing the power of suspension. This, in the first place, does not answer the end, because there is a possibili!Jy that the officer may not be displaced after a. Mr. Boudinot: bearing before the Senate; and, in the second place, it is entirely incon istent . Mr. BoUD.INOT. This is a question, Mr. Speaker, thnt requires full considera with the whole course of reasoning pursued by the gentlemen in opposit-ion. I tion, and ought only to be settled on the most candid discussion. It certainly would ask them if the Constitution does not give to the President the ~?_
But it was very early adopted as the practical construction of the Constitu Second. The executive power is vested by the Constitution in the tion, that this power was vested in the President alone. And such would ap pear to have been the legislative construction of the Constitution. President, and the power to remove is an executive power, iri which, by the Constitution, the Senate has no part with the President. The These are the words of Mr. Justice Thompson in deciding the matter power of removal is in him and him only. of Duncan M. Hennen, January 7, 1839 (13 Pete:rs, page 258). And And the question thus settled by the First Congress, sustained by the I cite from 1 Court of Claims Reports, in the case of Gratiot v. United courts and commentators, acquiesced in by both Houses of Congress States. After quoting from Story on the Constitution, the court adds: and by the people, is too deeply embedded by principle, precedent, ju He then gives the history of removals and of the question whether such power dicial authority, and acquiescence to be overturned. should be exercised by the President and Senate or by the President aJone; nnd he states the fact that in 1789 Congress affirmed the power in the President THE SENATE HAS NO CONSTITUTIONAL AUTHORITY FOR THE DEMAND MADE, alone. If the argument is sound and authorities reliable, it follows irresist This power in the President has never been questioned since, either as to civil or military officers. ibly that the Senate has no constitutional power to demand of the Presi This was the language of Loring, J., October 2, 1865, 1 Court of Claims dent his reasons for removing an officer, or the evidence, documentary Reports, page 260. or paro~ which moved him to the removal. It is clear that if the Senate had the constitutional rjght claimed, it ha-s also the right to de WHERE 1S THE POWER. OF REMOVAL LODGED?-THE VARIOUS POSITIONS ON mand the parol statement& made to the President in support of a. re THIS POINT. moval, to send for books, persons, and papers, and open a high court of · It will be observed that in the great debate of 1789 the positions conscience, or a court of scandal if you please, with the President for argued were: · the accused, and the suspended officer for prosecutor. Adinit the power J:t'irst. The power of removal is in the President as an essential part claimed and all else follows. of the executive power vested in him by the Constitution. The Constitution fortunately has circumscribed the boundary of the Second. The power of removal is incident to the power to appoint, three great departments, a.nd recognizes no superiority of one over the and as the advice and consent of the Senate are necessary before an ap other, and gives to the Senate no power over the conduct oi the Presi pointment can be made the power of removal is .conjointly in the Pres dent accused by it of dereliction, nor at all unless the people's repre ident and Senate. sentatives bring the alleged offender by impeachment found by the Third. The Constitution provides the only grounds of removal, to wit, grand inquest before the Senate for trial. Tha Senate has no more right by removal from office on impeachment for, and conviction of, treason, to require or demand of the President the papers or verbal communica bribery, or other high crimes and misdemeanor, and having provided tions on which he acts in removals than he has to demand the motives that the Honse of Representatives shall have the sole power of impeach of the Senate or the testimony on which it acts in rejecting a nomina ment, and that the Senate shall have the sole power to try all impeach tion. ments, no other mode or manner of removal can be exercised. The whole claim is without the shadow of constitutional warrant. Fourth. That the Constitution not having in express terms vested the The President is not responsible in any sense to the Senate. He is re power in any one of the co-ordinate Departments, it is within the ap sponsible to the people, and if he is guilty of an impeachable offense, propriate purview of Congress to provide for removals under its power he is responsible therefor to the people's representatives, and if im to make aUla~ necessary to carry into execution the granted powers, peached by them, then, and then only, is the Senate called on to act. and those who take this position assume that the power must in the na If the power of removal is in the President, he acts on the responsi tnre-ofthings be embraced in some of the granted powers. bility involved in the grant of executive power vested in him by the Fifth. That the matrer of removal is a case omitted, and strangely Constitution. It is he, not the Senate, who is required by the Consti enough argue that the omission may be supplied by legislation. tution to ''take care that the laws be faithfully executed,'' and should I have never heard of any other positions. the Senate by its action compel the retention of bad men or inefficient The weakness of the second, third, fourth, and :fifth positions was men, it is invading the executive power vested by the Constitution in abundantly shown in the debates of 1789, and it was decided that the President. the power of removal was vested by the Constitution alone in the Pres ident, which settlement stood the test of assault for a. period ofseventy THE SENATE 1S NOT ~UST.A.Th""ED BY THE TENURE-OF-QFFICE ACT. ejght years, until the unhappy controversy arose between President But has the Senate, under the aetas found on the statute-book, the Johnson and Congress in 1867. The calm, temperate, logical debate right to inquire directly or indirectly into the motives of the President by the contemporaries of the Constitution assuredly shonlO. have more for suspension? weight than a decision arrived at for a special purpose and under the It is clear that their purpose is to compel a disclosure of his motives. pressure of high party excitement; and the vote of the Honse in 1869, It is too clear to be successfnlly disputed. The papers addressed to the only two yea:rs later, shows that alarge mttjorityoftheRepresentatives discretion of the President by any one and every one in office and out of the same party (Republican) which enacted the law believed that of office who sees proper to write to him are to be laid before this tri the time had comewhen the lawshould be repealedand aretnrnmade bunal, and from them, ignoring verbal communications, the ·triers as to the path which had been followed for more than three-quarters of a sume that the President must have reached his decision. Therefore century, blazed by the fathers. when the papers are had the object is accomplished; the reasons, as VNJ.TY INCREASES EFFICIENCY AND RESPONSIBILITY. they will assume, which influenced the President's discretion, are Chancellor Kent says: disclosed. The Senator from Ohio [1\!r. SHERMAN], in a debate to be Unity increases not only the efficiency but the responsibility of the executive found in the Co:NGRESSION A.L RECORD of the present session, February power. Every act can be immediately traced and brought home to the proper 9, ·No. 37, page 1176, says: agent. * * * There will be much less temptation to depart from duty, and much greater solicitude for reputation when there are no l>artners to share the The Senator from Delaware asks me why we should try to control the exer odium or to communicate confidence by their example. {1 Kent's Commenta cise of the discretion of the President? Nobody proposes to do it. He is as ries, side page 272, and cites Constitution of England, De Lolme, page ilL) independent as we are; but he must not control our discretion. He must not prevent us from having the same sources of information that he has. The infor Whether this unity is broken by the imposition of a. council or an mation comes to him first, because he performs the first act in appointment; unwarranted joining of the Senate with the President in matters of re that is, he makes the nomination? Was the former incumbent an unfit man, was he a corrupt man, a thief, or defaulter, or the like'! Our discretion must be en moval, the unity is equally destroyed, the responsibility intended by lightened by the information that he has; and I say, therefore, that we have the the Constitution to be in the Executive is divided, jarring and confu right to call for that information. . sion are inevitable, and an unseemly wrangle of this unnatural and The Senator says nobody proposes to control the President's discre forced partne:rship offends the people and brings trouble and discord in tion, yet his argument is that the Senate does have that right, does the body-politic. propose to pass judgment on his decision, and to determine whether or Justice Story says: not the officer was righfully suspended, although by the tenns of the But independent of any of the lights derived from history, it is obvious that a division of the executive power between two or more persons must always law the President is empowered the sole judge of the question of sus tend to produce dissensions and fluctuating counsels. (Story on Constitution, pension, and is authorized to act on his own discretion in making the section 1423.) suspension. · Is not the spectacle now exhibited before the American people con During any recess of the Senate the President is authorized in his clusive evidence of the wisdom of the above remark of Justice Story? discretion t<> suspend, and that suspension continues until the end of In violation of the unbroken precedentofseventy-eightyea:rs,inwhich the next session of the Senate. Then he is directed to nominate within at one time or another Federals, Democrats, Whigs, and Republicans thirty days after the commencement of each session persons in the place had controlled the administration, a dangerous depa.rf;ure was taken in of all persons suspended. Is the Senate called on by that act to advise time of high excitement, and to-day behold the evil ! Is there any and consent to the suspension? So far from it, the act vesta the Presi man so blind as not to see the object of the majority of the Judiciary dent with the power to suspend at his discretion the officer until the Committee in this struggle? I leave the question as to the matter of adjournment of the next ensuing session. As the officer is lawfully appointment and removal upon the argument I have endeavored to suspended, and as the Senate is not required to advise and consent make and upon the supporting authorities cited, and confidently main thereto, what has the Senate to do with it? tain that these points are established, namely: The President by the act is instructed to nominate, &c., and the First. That the sole power of appointment is in the President, but nominee, it is admitted, can not be appointed except upon the advice as a condition precedent to its exercise the advice and consent of the and ·consent of the Senate. Here it has the right to investigate the Senate must be had. character of the nominee, but manifestly the act contemplates vesting 1886. OONGRESSION·A.L RECORD-SENATE. 2401 the President wHh the power to suspend an officer Tor reasons satisfac ference, is not the difference between it and a repeal the difference between tweedledee and tweedledum-leaving four sections for the punishment of men tory to him to the end that he might t~ke care that the laws be faith violating a law which does not exist? fully executed, reserving to the Senate its constitutional power of look Mr. BUTLER,: of Massachusetts. Perhaps I should not state it quite as broadly ing to the qualifications of the nominee before giving advice and con as the gentleman does, but in practice I think the difference is right the other way-between tweedledum and tweedledee. [Laughter.]-CongressionaL Globe. sent to his appointment. And this is the more ma.nifest when the acts first session Forty-first Congress, page 403. . • of March 2, 1867, and of April 5J 1869, are compared and contrasted, and we consider the mischief complained of in the act of 1867 and the I call your attention to the remarks of 1\:rr. LoGAN on the conference remedy applied by the act of 1869. I have already quoted both acts report, showing clearly and tersely his understanding of the report as in full. agreed on, which is the act as it now stands: It seems to me that gentlemen who insist that the Senate has the Mr. LOGAN. I do not desire more than a few minutes of time. I have been right to look into the reasons for suspension as a predicate for action one of those in favor of the repeal of this law, and whether satisfied or not with the report of the committee of conference I shall vote for it, and desire to give upon the nomination wholly overlook the act of 1869, and argue as if my reasons for so doing. the act of 1867, and the whole of it, is in full force. That the act of The objection to the amendment from the Senate the other day was this: th~y 1867 was regarded by an overwhelming majority of both Houses as op provided in that amendment that the President should have the right to sus pend from office but if the person nominated or designated in his place should pressive is manifest. The House by a vote of 138 yeas to 16 nays passed not be confirmea1 by the Senate, then if the Senate affirmatively refused to con a bill to repeal the tenure-of-office act of March 2, 1867. (Congressional cur in the suspension, the suspended officer should again be clothed with official Globe, first session Forty-first Congress, 1869, March 10, page 40.) robes. My objection was this, if they should concur in the nomination, then if the Senate should stop right there and take no further action the office would Among the yeas may be found all of those members of the Senate now become vacant; but if the Senate at a future time should vote affirmatively who were then in the House, Messrs. ALLISON, BECK, CONGER, DAWES, against the suspension, then it revived the office in the party suspended. That LoGAN, VooRHEES-two Democrats and four Republicans. The ex was my objection to it, and for this reason, in the proviSion of the Constitution which allows the President t-o nominate and the Senate to consent, requiring pression in the Senate was quite general for a total repeal or material the assent of both when an officer was suspended, the otlkJe became vacant; then modification. The debate in the Senate as well as in the House is in if at a subsequent time the Senate could by an a.ffirmatiYe action put an officer structive. There was no debate in the House on the passage of the bill, back in office, I say that was putting executive power in the hands of the Senate without the consent of the President-. Hence I maintained that it was uncon but a free debate on the various conference reports. It was with mani stitutional. I believe it was. That was my proposition and that was my state fest reluctance that the House agreed to any amendment, preferring, as ment. shown by their vote, a decided and strong preference for unconditional Now, sir, the conference committee, whether because that point was made or not makes no difference to me, have stricken from the bill that which was ob repeal. It will be seen that Mr. Bingham, of the House Judiciary noxious. It relieves the bill of that portion which clearly to my mind was un Committee a.nd of the conference committee, explained to the House constitutional. What have they left? They have left the shadow of the sub the effect of the bill as agreed on in conference. I call attention to stance and nothing more. . Although I should prefer a bill of two lines: "Be it enacted, &c., That the civil tenu.re-of-office law, approved at such a date, this-the question of Mr. Davis and the answer of Mr. Bingham: is hereby repealed," although I would have preferred that, yet, inasmuch as 1\lr. DAVIS (Republican). Does the first section of the Senate amendment re the Senate have some pride of opinion, and the House have some pride of opin main untouched, according to the report of the committee of conference ? ion, and the Republican portion of the House are divided in reference to this Mr. BINGHAM {Republican). It does. But the first and second sections of tho question, and the Senate and House had chosen a committee of members rep tenure-of-office law are wholly repealed, and there is inserted in lieu of those resenting both sides of that question, I am willing to votefor the report which sections the first section of the amendment of the Senate and the second section as they have made. In their agreement they have done, in my judgment, what amended by the conference committee. In other words, the limitations upon I would have done, except they have employed different language from that the power ofthe Executive imposed by the first and second sections of the origi which I would have employed. I would have said" repealed," but they have nal tenure-of-office act are wholly repealed.-Congressional Globe, first session said in a great many words what amounts to the same thing.-Congressionat Forty-first Congress, page {02. Globe, first session Forty-first Congress, page 405. Mr. Butler, of :Massachusetts (then Republican), also of the confer I beg to call your attention to the speech in the House of Represent ence commit~e, said: atives of Hon. Noah Davis, of New York, a Republican, March 26, I will endeavor to give my understanding of the report of the committee in 1869, which for force and a thorough understanding of the question in connection with the provisions of the bill and the Constitution. It will be ob all its bearings is not, as I think, excelled by any speech in either served that the Senate amendment provides for the suspension of an officer by House. In the course of that speech Mr. Davis said: the President and the designation of some person to fill his place till the end of the next session of Congress. That is done in his discretion. Then it further The President removes or suspends a faithless officer, and behold here arises provides that the designated officer shall have all the powers and emoluments in the Chw:nbex of one of the branches of the Legislature another power to in of the office. Then it further provides that the Senate may T"ote first npon the terfere with that removal. 'Vhat then? According to the provisions of this act nomination sent in by the President to fill the vacancy, which shall be done the removed officer becomes the prosecuted officer. The law appeals on his within thirty days, and if the Senate declines to agree to his nomination, then behalf to the Senate. He su.rrounds that body with every influence he can the suspended officer may be reinstated, and the President can not put him out· bring to bear, and in substance puts the President himself on trial. The officer for, although he might suspend him again after the end of the session, yet I do seeks to show that the President has been nnjust. The President seeks to vin not think that would be Wlthin the spirit of the law, after a vote of the Senate dicate his action, and the issue thus joined is to be tried amid the blinding pas under the provision of the amendment, which says there may be an affimative sions of party prejudice. vote on the suspension. The Senate, if of a party oppo~ed to the President, will shield its partisans., Now, the amendment agreed to by the committee of conference strikes out all and party allegiance will cover frauds and even crimes under the excitement that gives the Senate power t-o reinstate a suspended officer, but provides that of political struggles. Can we not see that in the long future of t-his country we where the Senate refuse to concur in the nomination of a. person in the place of are opening the door to incessant turmoil and-strife? And what is there in the the suspended officer, then the· President shall send in another nomination. judgment of the Senate to make it more valuable to the country than the de This leaves the effect of the constitutional provision and of the other section of cision of the President? The Senate sits and acts in such cases under the seal the net just this: That if the Pr8sident does not send in a satisfactory nomina of secrecy. What reasons govern or what motives impel its action may never tion, then the place remains vacant at the end of the session, precisely as it is be disclosed. It is free from official and as well from individual responsibility now under the Constitution, independent of the tenure-of-office law, with the for who can know how a majority is made up nnless the Senate chooses to dis power in the President to agaiu suspend the objectionable officer, if the con close? It is not directly responsible to the people, who can reach it only by a struction is not as it is claimed, that the o!li.ce then is in abeyance, or vacant circuity which is little better than no popular remedy. Its true functions are which is the same thing. ' legislative, and its duties in the proper discharge of those functions ought not In other words, as I understand this, it is practically only the substitution of to be interfered with by incessant strifes for the retention of office. With these n. power of suspension instead of a power of removal with all the effect of a new powers it will eventually become an oligarchy, acting in secret and with power of removal, supposing the tenure-of-office law was not in existence. I out responsibility, feared and hated by the people, baffied as often as may be by should haT"e preferred to have arrived at the like result which this amendment the President, and thwarted by its co-ordinate legislative body. The laws it does by the shorter way of repealing the tennre-of-office law, and I am free to ~~~!~will be tainted by the passions excited by contests over the possession of say that I think this amendment upon theqnestion of removal and reinstatement of officers leaves the tenure-of-office act as though it never had been passed so '.!;'here is but one sound rule on this subject, and that is to confine the execu far as the power of the President over the executive officers is concerned. tive power to a single head, as the Constitution has done, and hold that head to The first section of the amendment to which my attention is called by my col a. strict responsibility. I have never seen this rule better expressed than is done league [Mr. BANKs] of course leaves the power over removal in terms as it stands in the constitution of Massachusetts by the hand of the elder Adams : in the tenure bill. But the second section substitutes the power of suspension. "In the government of this Commonwealth the legislative department shall The contest between the Senate and the House in that matter is upon the dif never exercise the executive and judicial powers or either of them; the execu ference between the power of suspension and the power of removal· suspen tive department shall never exercise the legislative and judicial powers or either sion having in effect all the incidents that removal has. That is all the differ of them; the judicial department shall never exercise the legislative and exec ence. In its practical workin~ it is a difference in name in my judgment and utive powers or either of them; to the end that it may be a government of upon a difference in name I thmk the two Houses ought not to divide in a hiat laws and not of men." terof:this importance. That is to say, the first section says an officer shall not Our safety lies in adherence to this wise and most salutary rule which the }?e removed without the advice and consent of the Senate; but the second sec framers of the Constitution intended to prescribe. bon says. he J.Ua.Y be suspended and another man put in his place, and in case • * · * * ... * . the other man is satisfactory to the Senate, then the officer is removed and the I know that gentlemen press upon the House the circwnstances under which substitll'te becomes the officer; but in case the substitute is not satisfactory to the civil-tenure law was enacted. I a.m not here to discuss those circumstances i the Senate, then the place becomes vacant and the officer is removed in that but under the solemn sanction of the oath I took on entering this body I affirm way. my belief that under no condition of things can an exigency arise that will justify A MEMBER. That operates as a removal. Congress in transferring the executive power of the President to itself or to Mr. ~UTLER, of Massachusetts. Practically that operates as a removaL I do either branch of the Legislature. It would be folly to bring that power to this not think-and every member, I apprehend, will agree :with me in that-the House, although we, like the President, are the representatives of the people and power of the President is changed from what it is nnder the Constitution or the directly responsible to them. But it would be madness to give it permanently power of any officer t-o hold on, as against the President. Just see where he to the other branch, and thus create an oligarchy, responsible neither to the peo would have more power under the Constitution. He has power to nominate an ple nor to the President nor to the courts nor to the States nor to this House, officer in case of a. vacancy while the Senate is in session. They may or they nor even. to themselves. "-Append·!X to Congressional Globe, Forty-first Congress, may not concur. Suppose they do not concu.r. The session comes to an end first sessiOn, page 5. and there is a. vacancy. Mr. LoGAN. Will the gentleman answer n. question? Mr. President, the issue is fairly joined and presented. Upon it the Mr. BUTLER, ofl\-~usetts. I am ':ery glad to answer any question. two parties go to the country I believe that the President could not Mr. LoGAN.~Asthe blll now stands, wtth the report of the committee of con- with self-respect, with respect to his great oath of office, with respect XVII-151 2402 CONGRESSIONAL RECORD-SENATE. MARCH 16, to his duty to take care that the laws be faithfully executed, yield to a publican Presidents partisan and political influences and considerations have governed in a great degree in the selection of the intended beneficiaries of that demand laden with mischief, as unwise as it is destructive of the ad statute, so that no equal and just distribution has been made by Republican mirable distribution of powers among the co-ordinate departments of Presidents among the meritorious class described in the law, as is doubtles3 de the Government made by the Constitution. sired alike by Republican and Democratic soldiers and marines who were com :M:r. DOLPH. 1\fr. President, on the 17th day of July, 1885, the Pres rades in a. common cause. ident of the United States, pursuant to the provisions of section 1768 of The minority also say in that report that the reporting of this reso the Revised Statutes, suspended George 1\f. Dus1..in fr:om the execution of lution by the majority of the committee is another evidence that the the duties of the office of district attorney for the southern district of intent of the whole proceeding is to obtain a partisan and political ad Alabam~ and on the same day, pursuant to the same statute, designated vantage. I will not imitate their example and charge that their in J. D. Burnett to perform the duties of such suspended officer in the dorsement of this section of the Revised Statutes is insincere or that it mean time, and on the 14th dayofDecember, 1885, he nominated said is made from improper motives, but I have a right to show, if I can, that Burnett to be attorney of the United States for the southern dish·ict of these provisions for the benefit of ex-Union soldiers, of the scarred and Alabama vice George M. Duskin, suspended. disabled veterans of the Union Army, have been disregarded by the On the 25th day of January, 1886, having failed to obtain from the prese~t administration, although if in doing so I should prove that Department the information necessary to enable them to act intelligeniJy these champions of the executive prerogative, so called, are not in har on the nomination, the Committee on the J udicia.ryreported to the Sen mony with the administration. ate a resolutibn, which was adopted, and which is as follows: I hold in my hand a report of the employment committee, Grand .Resolved, That the Attorney-General of t'!le United States be, and he hereby is, Army of the Republic, Department of the Potomac, adopted at the ses directed to transmit to the Senat-e copies of all documents and papers that have sion of the encampment held at Washington, D. C., January 21, 1886, been filed in the Department of Jnstice since the 1st day of January, A. D.1885, from which I quote the following: in relation to the management and conduct of the office of district attorney of the United States for the southen::. district of Alabama. While the employment committees of former years were principally engaged in securing employment for applicants, and with fair success, the present com On the 1st day of February, 1886, the Attorney-General, in response mittee have, we regret to report, owing to conditions that will be mentioned to the resolution, sent to the Senate a communication, the concluding hereafter, received but little encouragement in proportion to the amount of labor expended in this direction. Indeed, this has been an" off year" for the class p01tion of which is as follows: we represent. The gloomy forebodings of Commander Alexander, in his ad It is not considered that the public interest will be promoted by a. compliance dress to the last department encampment, seem to have been realized. But we with said resolution and the transmission of the papers and documents therein have the pleasure of knowing, however, that in the few cases where employ mentioned to the Senate in executive session. ment was secured much real misery was relieved and a few homes and firesides made happier. This communication having been referred to the Committee on the By far the greatest amount of our labors for the last year has been expended Judiciary, on the 18th day of February that committee submitted a in seeking the reinstatement of comrades discharged from their positions in the written majority report accompanied by the following resolutions, Executive Departments, and in endeavoring to secure the retention iu their plaees of those who had employment. which I ask the Secretary to read. As far as we can learn there have been seventy-eight comrades of the Grand The Secretaryread the resolutions appended tothe report, asfollows: Army of the Republic discharged from Government employ during the last year, Resolved, That the foregoing report of the Committee on the Judiciary be agreed also a large number of ex-Union soldiers and sailors who are not affiliated with to and adopted. us, and many of the wards of the Grand Army. Of those comrades who have Resolved, That the Senate hereby expresses its condemnation of the refusal of been discharged or who have been requested to tender their resignations, this the Attorney-General, under whatever influence, to send to the Senate copies of committee has been solicited to use its influence in securing a reversal of de papers called for by its resolution of the 25th of January and set forth in there partm~ntal action in thlrty-sevencases, in which we have been successful in ten port of the Committee on the Judiciary as in violation of his official duty and cases, and this has been effected only by constant and repeated importunity. subversive of the fundamental principles of the Government and of a good ad * * * * * * • ministration thereof. It may be well to state here that President Cleveland and the heads of the Resolved, That it is, under these circumstances, the duty of the Senate to refuse several Executive Departments have been exceedingly k-ind and courteous, its advice and consent t-o proposed removals of officers the documents and pa- and have patiently listened to our oft-repeated requests in the interest of our per in reference t-o the supposed official or personal misconduct of whom are comrades, but the same can not be said of som~ holding subordinate positions. withheld by the Executive or any head of a Department when deemed necessary That any ex-Union soldier or sailor holding office under the Government by the Senate and called for in considering the matter. should have cause for anxiety about his official t.enure, provided his official and Resolved, That the provision of section 1754 of the Revised Statutes declaring personal record is good, is somewhat strange when it is remembered that Con " Thn.t persons honorably discharged from the military or naval service by rea- gress has passed laws, which have never been repealed, but are now in full and son of disability resulting from wounds or sickness incurred in the line of duty binding force on those having the execution of them, and which not only prefer shall be preferred for appointments to civil officea,provided they are found to pos such for appointment, but also protect those who are in Government employ sess the business capacity necessary for the-proper discharge of the duties of such from discharge. It is also somewhat humiliating that we must knock at the office" ought to be faithfully and fully put in execution, and that to remove, or to doors and beg for that recognition which is not only ours by right, but is ac propose to remove, any such soldier whose faithfulness, competency, and charac knowledged both by statute and by public sentiment. ter are above reproach and to give place to another who has not rendered such In the present instance it is known that the discharge of our comrades has service is a violation of the spirit of the law, and of the practical gratitude the not been occasioned by a reduction of the force, nor is it believed to have been people and Government of the United States owe to the defenders of constitu caused, except in rare insta.nce.s, by any supposed inefficiency or personal dere tional liberty and the integrity of the Government. liction, for it is doubtful that those who saved a nation are skulkers, shirks, and bummers in these "piping times of peace." Nor can it be said that the Mr. DOLPH. I do not propose to discuss the question raised by civil-se1'Vice act was ever intended to place an obstruction in the way of those these resolutions as tO the right of Congress or eith~r branch thereof, as holding office at the time of, or at any time since, its passage, provided always that the office-holder was capable, efficient, and honest. the legisla:ti ve department of the Government, to be informed as to the The la.w upon the statute-books seems to be ample to carry out the full intent manner in which the laws have been executed, as to the condition of and meaning of the legislators, and yet it has been repeatedly violated. Be the public service and the state of the Union, and for that purpose to fore the war closed, in which we were all participants in a greater or less degree, to Congress passed the following act, which was approved by P1·esident Lincoln have access the public documents on file in all the Departments of 1\Iarch 3, 1865 : the Government. "Persons honorably discharged from the military or naval service by reason Upon this question I shall content myself with saying that I fully of disability resulting from wounds or sickness incurred in line of duty, shall be preferred for appointments to civil offices, provided they are found to possess concur in aU that was so ably said by the Senator from Vermont, the the business capacity necessary for the '{>roper discharge of the duties of such chairman of the Committee on the J udicia.ry. But as to the question in offices." (Section 1754, Revised Statutes.) whom under the Constitution the power of removal of Federal officers In 1876, much of the work of the Departments incident to the W&.l' having been settled, the appropriations for the years 1876-'77 were considerably reduced, re appointed by and with the advice and consent of the Senate is lodged, quiring some reduction in the clerical, messenger, and laboring force, but that which I suppose involves the right of the Senate to have the information ex-Union soldiers and sailors might not be discriminated against, the following which can be a-cquired from documents on the files of the Department law was passed, which was approved by our comrade and late commander, Pres ident Grant: which have been filed for the purpose of procuring official action and "Provided, That in making any reduction of force in any of the Executive De· upon which official action has been had in the suspension of or is pro partments, the head of such Department shall retain those persons who may be pooed in the removal of Federal officers, I have decided views to which equally qualified who have been honorably discharged from the milit..•uy or naval service of the United States, and the widows ana orphans of deceased sol I propose to give expression; but before doing so I desire to devote a diers and sailors." (Section 8, chapter 287, Laws1876.) few moments to the proposition contained in the last resolution reported It is estimated that of the total number of employes in the Departments in by the committee. Washington the soldier element is about 80 per cent., and it is believed that The minority of the Committee on the Judiciary, in their report re nearly 40 pe:r cent. of all who have been discharged come from that class-there is certainly a large perc~ntage against us. It almost, indeed, amounts, in some ferring to this resolution, say: places, to ostncism and a practical nullification of law. Now, if our comrades have not been removed from their positions on account The minority of your committee cannot close their report without expressing of inefficiency, nor by t·eason of a reduction of force, what then is the reMon? surpTise at the appearance in the majority report of the following resolution: Is it to make places for others? While this may be true with regard to those " Resolved, That the provision ofsection 175~ of the Revised Statutes declaring holding places in the unclassified service of the Departments, it should not be " • That persons honorably discharged fr-om the military or naval service by applied to those of our comrades who were in the classified service, for the va reason of disability resulting from. wounds or sickness incurred in the line of cancies made by their removal can be :filled only in a manner prescribed by da:ty shall be preferred for appointments to civil offices, provided they are found law, namely, a civil-service examination, and therefore the desired end could to possess the business capacity necessary for the proper discharge of the duties not be attained 'in that way. The reason, then, for such removals most be of such office, ought to be faithfully and fully put in execution, and that to re sought for elsewhere. But whatever the reason may be, provided it is not for move or to pro-pose to remove, any such soldier whose faithfulness, competency, incompetency, the question naturally arises, why is it that the class we repre and character are above reproach, and to give place to another who has not ren sent should e>er be made the special object for remo>al; who is responsible, and dered such service, is a VIolation of the spint of the law, and of the practical what is the remedy? gratitude the people and Government of the United States owe to the defenders Heretofore, while there muy have been some reason to find fault with the n.p of constitutional liberty and the integrity of the Government.' " pointing power in failing to a.ppGint, theTe has been but little opportunity to * * $ * ~ * * criticise for failure to retain our comrades in offi.ce. Provided a comrllde had a. The minority of your committee fnlly indorse section 1754 of the Revised good personal and official record, he felt tolerably secure in his position, and Statutes, and heartily favor its faithful execution; but their information and that without regard to party atlliia tion. It was believed, and the belief was put belief satisfy them that under its operation during the administrations of Re- into practical effect, that even though an ex-Union soldier was so offensively 1886. -OONGRESSION.AL REOORD-HOUSE. 2403 partisan as to cast his vota against the dominant party, yet such an act on his bullion be increased to $2,500 per annum; which was referred to the part did not operate as a bar to his holding an office under the Federal Govern ment, nor outweigh the good he had done the Union in fighting her battles at a Committee on Expenditures in the Treasury Department, and ordered time when offensive and defensive partisanship, on the right side, was at a. to be printed. premium. Then what great unpardonable political sin have our comrades at this late date committed to render them obnoxious to some of those in power BRIDGE ACROSS LEFT HA~-ro RIVER, 1\llNNEsOTA. and cause a. boycott to be placed upon them? Nor is this the worst feature of The SPEAKER laid before the House a letter 1rom the Secretary of the case, bad as it may be. Not satisfied with looking with disfavor upon the ''boys in blue," it has sometimes seemed as if the "boys in gray" were to be War, transmitting reports from the Chief of Engineers and Uajor Charles recognized as prodigal sons returning from their wanderings for whom the H . .Allen, Corps of Engineers, in relation to the construction of a bridge fatted calf was to be especially devoted. We have seen a comrade whose army across the Left Hand (Nemadji) River by Douglass County, :Minnesota, record was of the very best, and whose civil-service record was irreproachable, degraded from a. high position that he won by meritorious service and his place and referring to the necessity of legislation by Congress assuming con filled by one who was in tumed rebellion against the Government. trol of the subject, in order to prevent obstruction of navigation; which It is with much regret that we feel obliged to refer to such matters, but a was referred to the Committee on Rivers and Harbors. strong sense of duty toward our comrl\des and this encampment compels us to state the facts as we find them. We have never questioned an applicant for INDIAN DEPREDATION CLAIMS. appointment, reinstatement, or retention with relation to his party affiliation. All we asked was that he should come to us wit-h an indorsement from his post The SPEAKER also laid before tbe House a letter from the acting employment committee that he was in good standing in his post and bore a. Secretaryoftheinterior, transmitting, in compliance with the provisions good reputation for intelligence, honestr, and industry. of the Indian appropriation act of 1\Iarch 3, 1885, lists of Indian depre A remark bas been made by one holdmg a prominent position in one of the Executive Departments that" the soldier business is played out." Perhaps it dation claims filed in the Indian Bure..'l.n and remaining unpaid; which is with some people who were too cowardly to risk their precious bodies to the was referred to the Committee on Indian .Affairs, and ordered to be Fhot and shell of rebellion, and the deprivations, sickne3s, and arduous duties printed. incident to Army life, but preferred to remain behind and furnish moldy hard tack, rotten beef, shoddy clothing, and chicory coffee to those who were fight Tll.ES ALAMOS LAND CLAIM. ing their battles. The SPEAKER also laid before the Honse a letter from the acting I have no means of knowing howmanyofthesixhundred and forty Secretary of the Interior, inclosing a letter from the Commissioner of three persons who were suspended from office by the President during the Land Office relative to the private land claim "Tres Alamos," the recess of the Senate were ex-soldiers of the Union or disabled sol .Arizona Territory; which was referred to the Committee on Private diers, but I know there were a great many. Several cases have come Land Claims. under my observation of one-armed and one-legged veterans whose ELIZABETH MULVEHILL VS. THE UNITED STATES. families were left in destitution when they were suspended from the The SPEAKER also laid before the House a letter from the ::tSSistant duties of their offices, and other persons who had performed no mili clerk of the Court of Claims, transmitting a copy of the order and find tary service to the Government were designated to perform the duties and receive the emoluments of the office, and this report just read dis ings of fact by that court in the case of Elizabeth Mulvehill against the closes a state of affairs in the various Executive Departments of the United States; which was referred to the Committee on War Claims. Government here which ifthe minority of the Committee on the Ju LEAVE OF ABSENCE. diciary are sincere in their indorsement of the section of the Revised By unanimous consent leave of absence was granted as follows: Statutes in question they can not approve of. To Mr. WADE, for ten days, on account of important business. Who are these persons who nre discriminated against in the Depart To 1t1r. O'NEILL, of Missouri, for one week. ments? Not all of them able-bodied ex-Union soldiers, but sonre are To Mr. PLUMB, for ten days, on account of illness in his family. disabled soldiers who were honorably discharged from military service To Mr. GROSVENOR, indefinitely, on account of important business. on account of disability by reasons of wounds and sickness incurred in To Mr. GLOVER, until Tuesday next. the line of their duty, men who on the march, upon the battlefield, To Mr. Houx:, for five days, on account of important business. and in rebel prisons suffered for the cause of the Union. These stat REl\IOVAL OF MATERIAL FROM GOVERN!!IENT PRINTING OFFICE. utes which h::~.ve been referred to are a practical recognition by the Gov ernment of the obligation of the nation to the men who participated in 1\fr. BARKSDALE. Mr. Speaker, I ask unanimous consent to take the great con!lict, and who by their glorious deeds and heroic sa{)rifices up from the House Calendar the bill H. R. 4982 and put it upon its carried our fl::tg to victory and saved the Union. passage. Neither the Grand Army of the Republic northeex-Unionsoldiers The SPEAKER. The title of the bill will be read, after which the nor the people generally will be deceived by any indorsement of this Chair will ask for objections. statute when it comes to be known, asitmustshortlybe, thatin the indis The Clerk read the title, as follows: .A bill (H.. R. 4982) to enable the Public Printer to continue in. effect the pro criminate suspensions which have been made by the Chief Execut4ve vieions ofthejoint resolution entitled ".Joint resolution authorizing the Public duriu~ the recess of the Senate these war-scarred disabled veterans Printer to remove certain material from the Government Printing Office," ap· have formed no exception, and that in the Departments they are dis proved Feb.t:uary 16,1883. criminated a.:,aainst to such an extent that, in the language of the com The SPEAKER. Is there objection to the present consideration of mittee which I have read, it amounts in some places almost to ostra the bill? cism nnd to a practical nullification of the law. Mr. WEAVER, of Iowa. Jttir. Speaker, I wish to ask the gentleman 1\fr. McPHERSON. Will it interfere with the Senator if I should from 1\Iississippi [Ur. BARKSDAI..E] whether this will lead to debate? ask him a question right there? I will not do so if he prefers not to Mr. BARKSDALE. Not at all, sir. It is only necessary to have a answer me. letter from the Public Printer read to show the necessity of this ·legis Mr. DOLPH. I prefer to answer any question when I close my re-. lation, and I am sure there can be no objection to the immediate consid marks. eration of the bill. Mr. McPHERSON. It is one pertinent to the remarks now being The SPEAKER. Is there objection to the present consideration of made by the Senator. That was the reason I interposed. the bill? 1t1r. DOLPJ [. .At the close of my remarks I shall be glad to answer Mr. BLAND. Mr. Speaker, I do not desire to object if the bill will any question I am able to respond to, but just at this time I prefer to not lead to debate and occupy time. proceed in tho order which I have blocked out for my remarks. The SPEAKER. The gentleman must either object or not object. Mr. EDl\ID~S. I understand the Senator from Oregon would prefer 1\fr. BARKSDALE. I trust there will be no objection to the consid not to go on further to-night. It has now got to be 5 o'clock, and I era.tion ofthis bilL It is really necessary for expediting the public busi think we may possibly adjourn without impropriety; but I hope the ness. Senate to-morrow will sit still later, so as to get on and finish the ques There was no objection. tion pending. I move that the Senate do now adjourn. The Committee on Printing recommended the amendment of the bill The PRESIDENT pro tempore. The question is on the motion of the as follows: In line 7, strike outthe words" four thousand" and insert Senator from Vermont that the Senate adjourn. the words "fourteenthousandfi.vehundred;" soastomakethe bill read: The motion was agreed to; and (at 4 o'clock and 57 minutes p. m.) Be it enacted, ~c., That to enable the Public Printer to continue in effect the the Senate adjourned. provisions of the joint resolution entitled ".Joint resolution authorizing the Pub lic Printer to remove certain material from the Government Printing Office," approved February 6, 1883, the sum of $14,500 be, and the same is hereby, ap propriated out of any money in the Treasury not otherwise appropriated. The amendment was agreed to. HOUSE OF REPRESENTATIVES. The bill as amended was ordered to be engrossed and read a third TUESDAY, March 16, 1886. time; and being engrossed, it was accordingly read the third time, and passed. TheHouscmetat 12o'clock m. PrayerbytheChaplain,Rev. W. H. 1\Ir. BARKSDALE moved to reconsider the vote by which the bill 1t1ILBURN, D. D. was passed; and also moved to lay the motion to reconsider on the table. The Journal of the proceedings of yesterday was read and approved. The latter motion was agreed to. SALARIES OF OFFICERS OF UNITED STATES MINT. Several ME!mERS. Regular order. The SPEAKER laid before the Honse a letter from the Secretary of JEFFERSONVILLE LEVEE APPROPRIATION. the Treasury, transmitting a letter from the Director of the Mint, and Mr. BROWNE, of Indiana. I rise to a questiQn of privilege. asking that the salaries of the examiner of mints and the computer of The SPEAKER. The gentleman will state it. 2404 CONGRESSIONAL RECORD-HOUSE. MARCH 16,
Ur. BROWNE, of Indiana.. I will state it by presenting tho resolu- ond time, referred, by unanimous consent, to the Committee on the tion whjch I send to the desk. Post-Office and Post Roads, and ordered t..o be printed. The SPRAKER. The gentleman from Indiana, as a question of ESTATE OF WILLI.A.l\1 A. OLD. privilege, offers the resolution which the Clerk will read. The Clerk read as follows: Mr. BRECKINRIDGE, of Arkansas, introduced a bill (II. R. 6678) for the relief of the estate of William A. Old, deceased, which was Whereas there wns pending in the Forty-eighth Congress n. bill containing· read a first and second time, referred to the C.ommittee on War Claims, among .other matt~rs, an appropriation of $50,000 for a. certain improvement of the Ohio River at or near Jeffersonville, Ind., known as the Jeffersonville levee and ordered to be printed. appropriation ; and · . UNITED STATES COURTS IN CALIFORNIA. Whereas it is charged by a reputable citizen of Indiana that during the pend ency of said measure a person or persons, then officers of the House of Repre Ur. HENLEY introduced a bill (H. R. 6679) to regulate the fees of sentatives, exacted, collected, and accepted from a person or persons interested clerks, &c., in the United States courts in the district of California.; in the success of the said appropriation a large sum of money upon the pretense or for the purpose of influencing Congress, or some committee thereof, or mem which was read a first and second time, referred to the Committee on bers or Senators in their official action thereon; and Expenditures in the Department of .Justice, and ordered to be printed. 'Vhereas it is also charged that the person or persons so exacting, collecting, and accepting said sum of money for the purpose aforesaid are officers and em- RUFUS D. CURTIS. ployes of this House: Therefore, · 1\Ir. W .A.IT introduced a bill (H. R. 6680) granting an increase of Be it t·esolved, That the Committee on Reform in the Civil Service be, and is hereby, instructed to inquire into the truth of said charges and report the facts pension to Rufus D. Curtis; which was read a first and second time, to this House; and to enable the said committee to thoroughly investigate said referred to the Committee on Invalid Pensions, and ordered to be charges it is hereby authorized to send for persons and papers; and a sum suf printed. ficient to defray the necessary expenses of this inquiry is hereby appropriated out of the contingent fund of the House. SORGHUl\I AND BEET S"GGAR. The resolution was adopted. Mr. LORE submitted thefollowingresolution; which was referred to the Commi~tee on Agriculture: Mr. BROWNE, of Indiana., moved to reconsider the vote by which Resolt:ed, That the Commissioner of Ag-riculture be directed to furnish for the the resolution was adopted; and also moved that the motion to recon information of the House a copy of department circula..r of June 6, 1882, offer sider be laid on the table. ing a premium of$1,200 each for the ten best statements oftheprocess and meth The latter motion was agreed to. ods of making sorghum sug-ar; and a like sum for each of the two beststat~ents regarding the manufacture of beet sugar; and a copy of the award of the com ORDER OF llVSI:SESS. mittee appointed to carry the provisions of the circular into effect; and also copies of all the correspondence between the department and the Delaware Beet The SPEAKER. In a
FERDINAND PLOCHER. John Sage; which was read a first and second time, referred to the Com~ Mr. SPRINGER also introduced a bill (H. R. 6692) for the relief of mittee on Military Affairs, and ordered to be printed. Ferdinand Plocher; which was read a first and second time, referred to TILMAN BUSH. the Committee on Claims, and ordered to be printed. Mr. BYNUM also introduced a bill (H. R. 6708) granting a pension WILLIAM H. DUCKSTEIN. to Tilman Bush; which was read a first and second time, referred to 1\Ir. SPRINGER also introduced a bill (H. R. 6693) granting a pen- the Committee on Invalid Pensions, and ordered to be printed. sion to William H. Duckstein; which was read a first and second time, ENOCH WEATHERS. Teferred to the Committee on Invalid Pensions, and ordered to be 1\Ir. COBB inti'oduced a bill (H; R. 6709) for the relief of Enoch printed. Weathers; which was read a first and second time, referred to the Com~ FREDERICK SCHLENK. mittee on Invalid Pensions, and ordered to be printed. Mr. MORRISON introduced a bill (H. R. 6694) granting a pension to Frederick Schlenk; which was read a first and second time, referred CRUISE OF REVENUE-STEAMER CORWIN. to the Committee on Invalid Pensions, and' ordered to be printed. Mr. CONGER submitted the following resolution; which was read and referred to the Committee on Printing: MARGARET J. WOODS. Resolved by the House of Representatives (the Senate concurr-ing), That there be 1\Ir. MORRISON also introduced a bill (H. R. 6695) to restore to the P-rinted at the Government Printing Office 3,000 additional copies of the report; pension-rollMargaretJ. Woods, formerlyMargaretJ. Tate; which was (Documents No. 429, Forty-seventh Congress, and No. 601,Forty-eighth Congress, to be bound in one volume) of Capt. C. L. Hooper, United States Revenue Ma read a first and second time, referred to the Committee on Invalid Pen rine, upon the cruise of the revenue-steamer Corwin in the Arctic Ocean, 1881, sions, and ordered to be printed. for the use of the Treasury Department. PENSIONS. ANTON GARTHOEFFNER. Mr. MORRISON submitted the following resolution; which was re :Mr. FULLER introduced a bill (H. R. 6710) granting an increase of ferred to the Committee on Rules: pension to Anton Garthoeffner; which was read a first and second time, &solved, That it shall be in order when n.ny general bill or proposition to in referred to the Committee on Invalid Pensions, and ordered to be printed. crease the rates or amounts of pensions or to grant pensions to persons not previously entit.Ied thereto by law is under consideration to amend the same MICHAEL M'DERMOTT. so as to provide by taxation or otherwise for the payment thereof; but no such amendment shall be in order unless the net revenue provided for shall be Mr. FULLER also introduced a bill (H. R. 6711) for the relief of therebysetapartforthe sole purpose of paying such increased pensions. Michael McDermott; which was read a first and second time, referred ALBERT HILL. to the Committee on 1\Iilitary Affairs, and ordered-to be printed. :Mr. TOWNSHEND introduced a bill (H. R. 6696) for the relief of WILLIAM N. CANADY. Albert Ilill; which was read a first and second time, referred to the Ur. HOLMES introduced a bill (H. R. 6712) for the relief of William. Committee on Military Affairs, and ordered to be printed. N. Canady; which was read a first and second time, referred to the Com !IINERVA .A. ROSS. mittee on 1\Iilitnry Affairs, and ordered to be printed. 1\Ir. TOWNSHEND also introduced a bill (H. R. 6697) granting a. JOHN G. AYERS. pension to Minerva A. Ross; which was read a first and second time, Mr. STRUBLE introduced a bill (H. R. 6713) granting a pension to referred to the Committee on Invalid Pensions, and ordered to be John G . .Ayres, late of Company .A, Seventeenth West Virginia Volun printed. teers; which was read a first and second time, referred to the Committee WILLIAM HARDIN. on Invalid Pensions, and ordered to be printed. Mr. TOWNSHEND also introduced a bill (H. R. 6698) granting a SQUIRE A. DAVIS. pension to William Hardin; which was read a first and second time, re :Mr. STRUBLE also introduced a bill (H. R. 6714) for the relief of ferred to the Committee on Invalid Pensions, and ordered to be printed. Squire .A. Davis; which was read.afirstand secand time, referred to the LOSS OF LEG OR ARM. Committee on Invalid Pensions, and ordered to be printed. Mr. TOWNSHENDalsointroduced a bill (H. R. 6699) to increase the DANIEL JOHNSON. pensions of those who have lost a leg or an arm; which was read a :first Mr. STRUBLE also introduced a bill (H. R. 6715) for the relief of and second time, referred to the Committee on Invalid Pensions, and Daniel Johnson; which was read a first and second time, referred to the ordered to be printed. Committee on Invalid Pensions, and ordered to be printed. JA..l"\IES BURKITT. Mr. TOWNSHEND also introduced a bill (H. R. 6700) granting a CONDEMNED CANNON, HARLEM, IOWA. pension to James Burkitt, in the Mexican war; which was read a first Mr. LY!t!AN introduced a bill (H. R. 6716) granting a condemned and second time, referred to the Committee on Pensions, and ordered cannon and carriage to Harlem Post, No. 197, Grand .A:nny of the Re to be printed. public, at Harlem, Iowa, for monumental purposes; which was read a JAMES LAMKINS. first and second time, referred to the Committee on Military Affairs, and ordered to be printed. · Mr. WARD, of Indiana, introduced a bill (H. R. 670l)grantingapen sion to James I,amkins; which was read a first and second time, re ISAIAH A.. LOVE. ferred to the Committee on Invalid Pensions, and ordered to be printed. :M:r. PETERS introduced a bill (H. R. 6717) granting an increase of .AZAltiA.H T. WHITTLEST. pension to Isaiah A. LOve; which was read a first ~nd second time, re· ferred to the Committee on Invalid Pensions, and ordered to be print~d. :ur. KLEL.~ER introduced a bill (H. R. 6702) for the relief of Aza riah T. Whittlesy; which was read a first and second time, referred to WILLIAM H. STARR. the Committee on Claims, and ordered to be printed. :Mr. PETERS also introduced a bill (H. R. 6718) granting a vension JAMES SAMUELS. to William H. Starr; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. Mr. KLEINER also introduced a bill (H. R. 6703) granting a pen sion to James Samuels; whichwasread a:firstandsecond time, referred ROBERT CHAWNElt. to the Committee on Invalid Pensions, and ordered to be printed. .Mr. FUNSTON introduced a bill (H. R. 6719) to pension Robert THEODORE M1FEltSON. Chawner; which was read a first and second time, referred to the Com mittee on invalid Pensions, and ordered to be printed. :Mr. KLEINER also introduced a bill (H. R. 6704) for the relief of Theodore McFerson; which was read a first and second time, referred A. J. PARMER. to the Committee ou Claims, and ordered to be printed. Mr. FUNSTON also introduced a bill (H. R. 6720) to pension A. J. JOSEPH B. BURTON. Parmer; which was read a first and second time, referred to the Com· mittee on Invalid Pensions, and ordered to be printed. Mr. OWEN introduced a bill (H. R. 6705) for the relief of Joseph B. Burton, late of Company A, Seventy-second Indiana Regiment; JOHN H. WESTERHOUSE. which was read a first and second time, referred to the Committee on ])!r. R~.AN introduced a bill (H. R. 6721) granting a pension to John War Claims, and ord·ered to be printed. H. Westerhouse; which was read a first and second time, referred to MRS. ELIZA C. HENDRICKS. the Committee on Invalid Pensions, and ordered to be printed. Mr. BYNUM introduced a bill (H. R. 6706) granting to :Mrs. Eliza JOHN C. ADAMS. C. Hendricks, widow of Thomas A. Hendricks, deceased, late Vice Mr. RYAN also introduced a bill (H. R. 6722) granting apension to President of the United States, one year's salary of said office, less the John C. Adams; which was read a first and second time, referred tothe amount paid said decedent in his lifetime; which was read a first and Committee on Invalid Pensions, and ordered to be printed. second time, referred to the Committee on Claims, and ordered to be ELI W. CA:llPBELL. printed. 1\Ir. RYAN also introduced a bill (H. R. 6723) for the relief of Eli JOHN SAGE. W. Campbell; which was read a first and second time, referred to the Mr. BYNUM also introduced a bill (H. R. 6707) for the relief of Committee on Invalid Pensions, and ordered to be printed. 2406 CONGRESSIONAL RECORD-HOUSE. MARcH 16,
RUSSELL s. NEWELL. Brice Shepherd; which was read a first and second time, referred to the Mr. RYAN also introduced a bill (H. R. 6724) for the relief of Rus- Committee on War Claims, and ordered to be printed. sellS. Newell; which was read a first and second time, referred to the SAMUEL A. B. wooDFORD. Committee on Indian Affairs, and ordered to be printed. :M"r. TAULBEE also introduced a bill (H. R. 6737) to pay Samuel A. WILLIAM M. swARTZ. B. Woodford, of Clark County, Kentuc1.--y, for whisky taken by order of Mr. MORRILL introduced a bill (H. R. 6725) granting a pension to General Sturgis for the use of the Medical Department of the United William 1\I. Swartz; which was read a :first and second time, referred to States Army; which was read a first and second time, referred to the the Committee on Invalid Pensions, and ordered to b printed. Committee on War Claims, and ordered to be printed. ADAM STUBER. JOHN lll. RICE. M.r. PERKINS introduced a bill (H. R. 6726) granting a pension to Mr. TAULBEE also introduced a bill (H. R. 6738) for the relief of Adam Stuber; which was read a first and second time, referred to the John M. Rice; which was read a first and second time, 11eferred to the Committee on Pensions, and order~d to be printed. Committee on Claims, and ordered to be printed. GEORGE M. DOWELL. . JOHN W. BAKER. 1\Ir. PERKINS also introduced a bill (H. R. 6727)grantingapension Mr. TAULBEE also introduced a bill (H. R. 6739) for the relief of to George M. Dowell; which was read a first and second time, referred John W. Baker; which was read a first and second time, referred to the to the Committee on Invalid Pensions, and ordered to be printed. Committee on War Claims, and ordered to be printed. JAMES L. MILLER. HEZEKIA.II E. VIBBART. Mr. HANBACK introduced a bill (H. R. 6728) for the relief of James Ur. HALSELL introduced a bill (H. R. 6740) to remove the charge L. Miller; which was read a firs_t and second time, referred to the Com of desertion from Hezek:iah E. Vibbart; which was read a first and sec mittee on Invalid Pensions, and ordered to be printed. ond time, referred to the Committee on Military Affairs, and ordered ALFRED G. ROMINE. to be printed. M. H. CARSON. Mr. HANBACK also introduced a bill (H. R. 6729) for the relief of M1·. W. J. STONE, of Kentucky, introduced a bill (H. R. 6741) for was to .Alfred G. Romine; which read a first and second time, referred the benefit of M. H. Carson, of Smithland, Ky.; which was read a first the Committee on JJiilitary Affairs, and ordered to be printed. and second time, referred to the Committee on War Claims, and ordered PUBLIC DOMA.IN IN THE ARID REGIONS. to be printed. Mr. HANBACK also introduced a bill (H. R. 6730) to utilize the CERTAIN SUITS IN UNITED STATES COURTS. public domain in the arid regions, and to provide for the subdivision Mr. WILLIS introduced a bill (H. R. 6742) to enable certain persons and disposal thereof, and for other purposes; w hlch was read a first and to sue in United States courts without payment of or security for costs; second time. which was read a first and second time, referred to the Committee on Mr. HANBACK. This bill relates to the public lands within rail the Judiciary, and ordered to be printed. road grants. I ask that it be referred to the Committee on Pacific Railroads . . REPORT OF COMMISSIONER OF EDUCATION. The SPEAKER. Docs the bill in any way affect the rights of the Mr. WILLIS also offered the following concurrent resolution; which railroad companies to the lands granted to them by the Government? was referred to the Committee on Printing: Mr. HANBACK. It does not. Resolved by the House of Representatives (the SenafAJ concurring), That of the The SPEAKER. Then it can only go to the Committee on Pacific report of the Commissioner of Education for 1884-'85 there be printed 6,000 copies for the use of the Senate, 12,000 copies for the use of the House, and 20,000 Railroads by order of the House. Under the rnle it would go to the copies for distribution by the Commissioner. Committee on Public Lands. Mr. HANBACK. It is to open up these lands for settlement. I A. CUSilllA.NO & CO. move that it be referred to the Committee on Pacific Railroads. Mr. ST. UARTIN introduced a bill (H. R. 6743) for the relief of A. Mr. PAYSON. What is the subject of the bill? Cusimano & Co.; which was read a first and second time, and by unan The SPEAKER. The Clerk will read the bill. imous consent referred to the Committee on Ways and Means, and or The bill was read. dered to be printed. J\Ir. HANB.A CK. I withdraw the motion to refer the bill to the Com JACOB POSS. mittee on Pacific Railroads. Mr. FINDLAY (by request) introduced a bill (H. R. 6744) for the The bill was referred to the Committee on the Public Lands, and or relief of Jacob Poss; which was read a first and second time, referred dered to be printed. to the Committee on War Claims, and ordered to be printed. CONSTRUCTIO!'f OF TELEGRAPH LINES. MRS. SARAH H. WOOD. Mr. ANDERSON~ of Kansas, introduced a bill (H. R. 6731) to amend l\fr. FINDLAY also introduced a bill (H. R. G745) for the relief of an act to aid in the construction of telegraph lines, approved July 24, :Mrs. Sarah H. Wood, of Baltimore, 1\fd.; which was read a first and 1866; which was read a first and second time, referred to the Commit second time, referred to the Committee on War Claims, and ordered to tee on the Post-Office and Post-Roads, and ordered to be printed. be printed. THE LATE HOY. MICHAEL HAHN. POSTAL SAVINGS-BANKS. The SPEAKER announced as the ~ommittee to escort the remains of Mr. McCOMAS introduced a bill (H. R. 6746) to establish post-office the late Hon. MICHAEL HAHN from Washington to New Orleans Mr. savings-banks as a branch of the Post-Office Department; which was Lours ST. MARTIN; of Lotl.isiana; Mr. A. B. IRION, of Louisiana; 1\Ir. read a first and second time, referred to the Committee on the Post C. P. SNYDER, of West Virginia; Mr. W. W. ELLSBERRY, of Ohio; Mr. Offices and Post-Roads, and ordered to be printed. F. D. ELY, of Ma..."Saehusetts; Mr. G. W. E. DoRSEY, of Nebraska, and MARY A. THOl\IA..S. Mr. JOSEPH LYMAN, of Iowa. Mr. McCOMAS also introduced a bill (H. R. 6747) granting a pen GENERAL S. S. FRY. sion to Mary A. Thomas, a volunteer nurse in the late war; which was Mr. WOLFORD introduced a bill (H. R. 6732) for the benefit of Gen read a first and second time, referred to the Committee on Invalid Pen eral SpeedS. Fry; which was read a first and second time, referred to sions, and ordered to be printed. the Committee on Invalid Pensions, and ordered to be printed. ROADWAY AT ANNAPOLIS, MD. EASTERN CHEROKEE INDIANS. 1\Ir. COMPTON introduced a bill (H. R. 6748) for the construction 1\Ir. WOLFORDalsointroduceda bill{H. R. 6733) torefertheclaims of a roadway at Annapolis, Yd., to connect the national cemetery at of the Eastern Cherokee Indians to the Court of Claims; which was read said city with the city and grounds of the Naval Academy and the a first and second time, referred to the Committee on Indian Affairs, United States naval cemetery at said city; which was read a :first and and ordered to be printed. second time, referred to the Committee on Naval Affairs, and ordered to be printed. JOHN W. ALVES. MRS. ANNA M. CLARK. Mr. LAFFOON introduced a bill (H. R. G734) for the relief of John Mr. COMPTON also introduced a bill (H. R. 6749) for the relief of W. Alves; which was read a first and second time, referred to the Com Mrs. Anna 1\f. Clark, widow of the late Michael N. Clark, lieutenant mittee on War Claims, and ordered to be printed. United States Army; which was read a first and second time, referred SECTION 3244 REVISED STATUTES. to the Committee on Invalid Pensions, and ordered to be printed. 1\Ir. TAULBEE introduced a bill (H. R. 6735) to amend subdivisions LIGHT-HOUSE AT COBB POINT, MARYLAND. 4 and 5 of section 3244 of the Revised Statutes of 1878; which was read Mr. COMPTON also introduced a bill (H. R. 6750) for the establish a first and second time, referred to the Committee on the Alcoholic Liq ment of a light-house at Cobb Point Bar, at the mouth of the Wicom uor Traffic, and ordered to be printed. ico River, in the State of Maryland; which was read a first and sec BRICE SHEPHERD. ond time, referred tQ the Committee on Commerce, and ordered to l>e 1\Ir. TAULBEE also introduced a bill (H. R. 6736) for the relief of printed. 1886. CONGRESSIONAL RECORD-HOUSE. 2407
MARGARET O'NEILL. UNITED STATES COURTS IN MISSISSIPPL Mr. DAVIS introduced a bill (H. R. 6751) granting a pension to Mar ?fir. CATCHINGS introduced a bill (H. R. 6764) to provide for hold garet O'Neill; which was read a first and second time, referred to the ing terms of the United States courts at Vicksburg, Miss.; which Wl\8
Committee on Invalid Pensions1 and ordered to be printed. read a first and second time, referred to the Committee on the Judiciary, and ordered to be printed. BUSINESS OF COID\!ITTEE ON LABOR. lli. LOVERING submitted the following resolution; which was re MESSAGE FRO!! THE SENATE. ferred to the Committee on Rules: A message from the Senate, by Mr. McCooK, its Secretary, announced .Resolved, That Thursday, March 25, and Thursday, April!. after the second call that the Senate had passed with amendments, in which the concur of committees, be assigned and set apart for the consideration of such business rence of the House was requested, bills of the following titles: as may be presented or indicated by the Committee on Labor; this order not to interfere with the consideration of general appropriation bills. A bill (H. R. 4420) to authorize the publication of a new edition of the Postal Laws and Regulations; and SARAH E. WEATHERBEE. A bill (H. R. 5544) to amend section 304 of the Revised Statutes of Mr. RANNEY introduced a bill (H. R. 6752) to place on the pension the United States. roll thenameofSarah E. Weatherbee; which wasreadafirstandsecond The message also announced that the Senate had passed a bill of the time, referred to the Committee on Invalid Pensions, and ordexed to be following title; in which the concurrence of the House was requested: printed. A bill (S. 149) forfeiting a part of certain lands granted to the State MRS. ALICE E. TRAVERS. of Iowa to :.tid in the construction of railroads in that State, and for Mr. CARLETON introduced a bill (H. R. 6753) granting a pension other purposes. to Mrs. Alice E. Travers; which was read a .first and second time, re The message ruso communicated the following action of the Senate: ferred to the Committee on Invalid Pensions, and ordered to be printed. lN THE SENATE OF THE UNITED STATES, March 15, 1886. WILLIAM THOMPSON". Resolved, That the Senate has heard with deep sensibility the announcement of the death of Hon. l\IICHAEL HAHN, late a. Representath·e from the State of Mr. CARLETON also introduced a bill (H. R. 6754) for the relief of Louisiana. .Resolved, That the Senate concur in the resolution of the House ofRepresent William Thompson; which was read a :first and second time, referred atives providing for the appointment of a. joint committee to take order for su to the Committee on War Claims, and ordered to be printed. perintending the funeral and to escort the remains of the deceased to the place 1\IRS. M. C. MILES. of burial, and that the members of the committee on the part of the Senate be appointed by the President pro tempore. Mr. CARLETON also introduced a bill (H. R. 6755) granting a pen .Resolved, That the Secretary communicate these resolutions to the House ot sion to Mrs. :M:. C. Miles; which was read a :first and second time, re Representatives. Marcl~ 16, 1886. ferred to the Committee on Invalid Pensions, and ordered to be printed. The President pro tempore appointed Mr. EusTIS, Mr. VANCE, and Mr. Bt:TLEn DE WITT C. BOWEN. the committee on the part of the Senate. Attest: Mr. CUTCHEON introduced a bill (H. R. 6756) for the relief of De .ANSON G. 1\lcCOOK, Witt C. Bowen; which was read a first and second time, n:ferred to the Sec~·etal'IJ. Committee on Claims, and ordered to be printed. FELIX R. BUSTER. Mr. HATCH introduced a bill (H. R. 6765) granting a pension to SECTION 2599 REVISED STATUTES. Felix R. Buster; which was read a first and second time, referred to the Mr. CUTCHEON also introduced a bill (H. R. 6757) to amend sec Committee on Invalid Pensions, and ordered to be printed. tion 2599 of the Revised Statutes of the United States; which was read CHARLES H. ANTHONY. a first and second time, referred to the Committee on Commerce, and ordered to be printed. Mr. GLOVER introduced a bill (H. R. 6766) granting a pension to Charles H. Anthony; which was read a :first and second time, referred BREVET RANK IN THE ARniY. to the Committee on Invalid Pensions, and ordered to be printed. Mr. CUTCHEON also introduced a bill (H. R. 6758) to authorize the MRS. ABIGAIL CARNAHAN. President to confer brevet rank on officers of the Army for gallant serv ices in Indian campaigns; which was read a :first and second time, re Mr. GLOVER also introduced a bill (H. R. 6767) for the relief of ferred to the CoiD.l1l..ittee on Military Affairs, and ordered to be printed. ~frs. Abigail Carnahan; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. HISTORY OF HOUSE RULES. WILLIAM J. LEES. Mr. BURROWS submitted the following resolution; which was re ferred to the Committee on Rules: Mr. GLOVER also introduced a bill (H. R. 6768) granting a pension Resolved, That the Journal Clerk be directed to prepare for publication n. his to William .J. Lees; which was read a first and second time, referred tory of the rules of the House of Representatives, including the debates on the to the Committee on Invalid Pensions, and o~dered to be printed. several revisions thereof, together with a full index thereto, which said hist{)ry when completed shall be printed unde.r his direction for the use of the Honse ; JACOB LARWOOD. and such clerical assistance as he may require in the execution of this order Mr. GLOVER also introduced a bill (H. R. 6769) granting a pension shall be paid out of the contingent fund of the House subject to the appro;al oC to Jacob Larwood; which was read a first and second time, referred to the Committee on Accounts. the Committee on Invalid Pensions, and ordered to be printed. PUBLIC BUILDING, SAINT PAUL, 1\IINN. FERDINAND KOEHLER. Mr. GILFILLAN introduced a bill (H. R. 6759) to authorize the pur Mr. GLOVER also introduced a bill (H. R. 6770) granting a pension chase of additional ground adjoining the United States court-house and to Ferdinand Koehler; which was read a first and second time, referred post-office building at Saint Paul, Minn. 1 the erection of a bonded ware to the Committee on Invalid Peneions, and ordered to be printed. house and the repair of the existing United States building at said place, and appropriating money therefor; which was read a first and second FREDERICK OSBUR"X". time, referred to the Committee on Public Buildings and Grounds, and Mr. GLOVER also introduced a bill (H. R. 6771) granting an increase ordered to be printed. of pension to Frederick Osbury; which was read a :first and second time,
FORFEITURE OF LAlH> GRANTS. referred to the Committee on Invalid Pensions1 and ordered to be printed. Mr. STRAIT introduced a bill (H. R. 6760) to forfeit certain lands THOMAS QUAIN. heretofore granted fo:r the purpose of aiding in the construction of rail Mr. GLOVER also introdn.ced a bill (H. R. 6772) granting an increase roads, and for other purposes; which was read a first and second time, of pension to Thomas Quain; which was read a first and second time, referred to the Committee on the Public Lands, and ordered to be referred to the Committee on Invalid Pensions, and ordered to be printed. printed. . MRS. EM.l\I.A. ROTTY. DANIEL H. PRIEST Ah"'"D OTHERS. ~Ir. GLOVER also introduced a bill (H. R. 6773) granting a pension Mr. WHITE, of Minnesota, introduced a bill (H. R. 6761) for there to 1\frs. Emma Rotty; which was read a :first and second time, referred lief of Daniel H. Priest and :five comrades; which was read a :first and to the Committee on Invalid Pensions, and ord~red to be printed. second time, referred to the Committee on War Claims, and ordered to be printed. BRUNO SCHULTZ. UNITED STATES COURTS IN MISSISSIPPI. Mr. GLOVER also introduced a bill (H. R. 6774) granting a pension Mr. VAN EATON introduced a bill (H. R. 6762) to create additional to Bruno Schultz; which was read a first and second time, referred to courts in theStateofMississippiand toregulatethetermsthereof; which the Committee on Invalid Pensions1 and ordered to be printed. was read a :first and second time, referred to the Committee on theJu- DENNIS SHINE. diciary, and ordered to be printed. Mr. GLOVER also introduced a bill (H. R. 6775) granting a pension a. BARBARA ROESCH. to Dennis Shine; which was read a first and second time, referred to the Mr. wAKEFIELD introduced a bill (H. R. 6763) granting a pension Committee on Invalid Pensions, and ordered to be printed. to G. Barbara Roesch; which was read a :first and second time, referred CATHARINE THENN · to the Committee on Invalid Pensions, and ordered to be printed. Mr. GLOVER also introduced a bill (H. R. 6776) granting a pension 2408 CONGRESSIONAL RECORD-HOUSE. MARon 16, to Catharine Thenn; which was read a first and second time, referred RESERVE AGENCIES, NATIONAL :BANKS. to the Committee on Invalid Pensions, and ordered to be printed. Mr. WARNER, of Missouri, introduced a bill (H. R. 6791) to ·amend JOHN ZIIDIERMA.N. section 5192 of the Revised Statutes of the United States relating to Mr. GLOVER also introduced a bill (H. R. 6777) granting a pension reserve agencies; which was read a first and second time, referred to the to John Zimmerman; which was read a. first and second time, referred Committee on Banking and Currency, and ordered to be printed. to the Committee on Invalid Pensions, and ordered to be printed. CL.A.n!S FOR PROPERTY OCCUPIED :BY UNITED STATES ARMY. Ur. WARNER, of Missouri, also introduced a bill (H. R. 6792) au DANIEL LINCOLN. thorizing the appointment of a commission to investigate the claims of Mr. GLOVER also introduced a bill (H. R. 6778) granting a pension loyal citizens for the use, occupancy of, or damage to real estate situ to Daniel Lincoln; which was read a first and second time, referred to ated in States not in rebellion, used or occupied by the Army of the the Committee on Invalid Pensions, and ordered to be printed. United States; which was read a first and second time, referred to the QUINCY A. :BALCH. ~mmittee on War Claims, and ordered to be printed. Mr. GLOVER also introduced a bill (H. R. 6779) granting a pension PAYNE AND THOMAS C. WOOD. to Quincy A. Balch; which was read a first and second time, referred Ur. WARNER, of Missouri, also intrOduced a bill (H. R. 6793) for to the Committee on In·mlid Pensions, and ordered to be printed. the relief of Payne and Thomas C. Wood; which was read a :firs.t and second time, referred to the Committee on War Claims, and ordered to IIENRY :B. HAVE:NS. be printed. Mr. BURNES (by request) introduced a bill (H. R. 6780) granting a ANDREW GLEASON. pension to Henry B. Havens; which was read a first and second time, Mr. WARNER, of Missouri, also introduced a bill (H. R. 6794) for referred to the Committee on Invalid Pensions, and ordered to be printed. the relief or Andrew Gleason; which was read a first and second time, WILLI~ GUTHREY. referred to the Committee on Claims, and ordered to be printed. Ur. BURNES (by request) also introduced a bill (H. R. 6781) for the SARAH CASTEEL. relief of William Gutbrey; which was read a first and second time, re Ilfr. WARNER, of :Missouri, also introduced a bill (H. R. 6795) for ferred to the Committee on Military Affairs, ancl ordered to be printed. the relief of Mrs. Sarah Casteel; which was read a first and second JOHN :BILLARD. time, referred to the Committee on Invalid Pensions, and ordered to be printed. Mr. BURNES {by request) also introduced a bill (H. R. 6782) grant ing a pension to John Billru'd; which was read a. first and second time, WENDELIN KRU1\Il\I. reJerred to the Committee on Pensions, and ordered to be printed. Mr. WARNER, of Missouri, also introduced a bill (H. R. 6796) to place the name of Wendelin Krumm on the pension-roll; which was GENERAL SHIELDS'S SWORDS. read a first and second time, referred to the Committee on Invalid Pen Mr. HALE introduced a bill (H. R. 6783) to purchase of the widow sions, and ordered to be printed. and children of the late General James Shields certain swords; which SAMUEL W. :BOWLING. was read a first and second time, referred to the Committee on Military Ur. WARNER, of Ilfissouri, also introduced a bill (H. R. 6797) to Affairs, and ordered to be printed. place the name of Samuel W. Bowling on the pension-roll; which was COMMITTEE PRINTING. 1·ead a first and second time, referred to the Committee on Invalid Pen Mr. BL.I\..ND submitted the following resolution; which was re sions, and ordered to be printed. ferred to the Committee on Printing: WILLIAM D. ACuFF. Resolved, That the Committee on Coinage, Weights, and Measures be per Mr. WADE introduced a bill (H. R. 6798) granting a pension to Will mitted to print such arguments and statements and other matters pertaining to the coinage question as the committee may deem worthy of printing. iam D. Acuff; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. · TirnETALLIC COIN ASSOCIATIO:N. DANIEL LESTER. :Mr. BLAND also submitted the following resolution; which was read, :irr. WADE also introduced a bill (H. R. 6799) granting a pension to and referred to the Committee on Printing: Daniel Lester; which was read a first and second time, referred to the Resolved, That there be printed for the use of the House 10,000 copies of the memorial of the committee of the Bimetallic Coin Association, as it appears in Committee on Invalid Pensions, and ordered to be printed. the CoNGRESSIONAL REcoRD of March 12,1886 (proceedings of the Senate of March ELIZA:BETH J. RAY. 11), introduced by Senator JoNES. Mr. WADE also introdaced a bill (H. R. 6800) for the relief of Eliza- A:BR.AHA:Y L. SCOTT. beth J. Ray; which was read a first and second time, referred to the Mr. HEARD introducM a bill (H. R. 6784) granting a pension to Committee on Invalid Pensions, and ordered to be printed. Abraham L. Scott; which was read a first and second time, referred to ELANDER 11!. MOONEYHAN. the Committee on Invalid Pensions, and ordered to be printed. M:r. WADE also introduced a bill (H. R. 6801) granting a pension to WILLIAM G. :BUCK. Elander M. Mooneyhan; which was read a first and second time, re- Mr. STONE, of Uissonri, introduced a bill (H. :R. 6785) restoring ferred to the Committee on Invalid Pensions, and ordered to be printed. William G. Buck to the pension-roll; which was read a first and second JAMES WATSON. time, referred to the Committee on Invalid Pensions, and ordered to be Mr. WADE also introduced a bill (H. R. 6802) to restore to the pen- printed. sion-roll the name of James Watson; which was read a first and second A:BRAHAM JONES. time, referred to the Committee on Invalid Pensions, and ordered to be Mr. STONE, of M:issouri, also introduced a bill (H. R. 6786) grant- printed. ing an honorable discharge to Abraham Jones; which was read a first FORT OMAHA, NE:BRASK.A. and second time, referred to the Committee on Military Affairs, and or Mr. WEAVER, of Nebraska, introduced a bill (H. R. 6803) to provide Qered to be printed. for the sale of the site of Fort Omaha, Nebraska, the sale or removal JOH:N P. LEGG. of the improvements thereof, and for a new site and the construction Mr. STONE, of Miasouri, also introduced a bill (H. R. 6787) for the of suitable buildings thereon; which was read a first and second time, l'elie£ of John P. Legg, administrator of Archibald C. Legg; which referred to the Committee on Military Affairs, and ordered to be was r~ a first and second time, referred to the Committee on War printed. · Claims, and ordered to be printed. LOUISA A. PHILLIPS. H. G. • BOLLINGER. Mr. DORSEY introduced a bill (H. R. 6804) to increase the pension Mr. STO:NE, of Missouri, also introduced a bill (H. R. 6788) grant of Louisa A. Phillips, widow of James C. Phillips, lieutenant Com ing a pension to H. G. Bollinger; which was read a first and second pany G, Ninety-fourth Regiment New York Volunteers; which was time, referred to the Committee on Invalid Pensions, and ordered to be read a first and second time, referred to the Committee on Invalid printed. Pen.cdons, and ordered to be printed. JOHN WELSH. 1\I, WETZEL. 1\Ir. STONE, of 1\fissouri, also introduced a bill (H. R. 6789) to cor Mr. DORSEY also introduced a bill (H. R. 6805) to increase the rect and amend the military record of John Welsh so as to remove the pension of M. Wetzel, late private Company I, Thirty-ninth Regiment charge of desertion; which was read a first and second time, referred to Illinois Infantry; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. the Committee on Invalid Pensions, and ordered to be printed. CAPT. ALFRED CURTIS. FREDERICK HEINE. Mr. STONE, of Missouri, also introduced a bill (H. R. 6790) for the Mr. DORSEY also introduced a bill (H. R. 6806) to increase the relief of Capt. Alfred Curtis; which was read a first and second time, pension of Frederick Heine, late of Company A, One hundred and referred to the Committee on Claims, and ordered to be printed. nineteenth illinois Cavalry; which was read a first and second time, 1886, CONGRESSIONAL RECORD.-HOUSE. 2409. referred to the Committee on Invalid Pensions, and ordered to be .ANDREW 1\IUCKLIN. printed. Mr. PIDCOCK also introduced a bill (H. R. 6816) granting a pen- · HEYRY .A. PIERCE. sion to Andrew Mucklin; which was read a first and second time, re Mr. DORSEY also introduced a bill (H. R. 6807) granting a pension ferred to the Committee on Invalid Pensions, and ordered to be printed. to Henry A. Pierce, late of Company K, Second Nebraska Cavalry; THOMAS BROWN. which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. Mr. PIDCOCK also introduced a bill (H. R. 6817) granting a pen sion to Thomas Brown; which was read a first and second time, re BARNY H. RIEPE. ferred to the Committee on Invalid Pensions, and ordered to be printed. Mr. DORSEY also introduced a bill (H. R. 6808) granting a pension CYRENIUS G. STRYKER. - to Barny H. Riepe, late -private Company I, Tenth Regiment Illinois Cavalry; which was read a first and second time, referred to the Com Mr. PIDCOCK also introduced a bill (H. R. 6818) granting a pen· mittee on Invalid Pensions, and ordered to be printed. sion to Cyrenius G. Stryker; which was read a :first and second time, referred to the Committee on Invalid Pensions, and ordered to be JOHN R. HERRON. printed. - Mr. DORSEY also introduced a bill (H. R. 6809) granting a pension WILLIA..'l CONNER. to John R. Herron, late private Company A, Ninth Iowa Cavalry; Mr. PIDCOCK also introduced a bill (H. R. 6819) granting a pension which was read a first and second time, referred to the Committee on to William Conner; which was read a first and second time, referred to Invalid Pensions, and ordered to be printed. the Committee on Invalid Pensions, and ordered to be printed. PUBLIC BUILDING .AT CONCORD, N.H. .AUGUSTUS HONEYMAN. Mr. GALLINGER introduced a bill (H. R. 6810) to increase the Mr. PIDCOCK also introduced a bill (H. R. 6820) granting a pen appropriation for the erection of a public building at Concord, State of sion to Augustus Honeyman; which was read a first and second time, re New Hampshire; which was read a first and second time, referred to ferred to the Committee on Invalid Pension, and ordered to be printed. the Committee on Public Buildings and Grounds, and ordered to be printed. B.EYJ..UIIN F. WE.AN. JAMES .ANDERSON. Mr. PIDCOCK also introduced a bill (H. R. 6821) granting a pension Mr. GALLINGER also introduced a bill (H. R. 6811) granting a to Benjamin F. Wean; which was readafirst and second time, referred pension to James Anderson, late of Company B, Fourth Regiment New to "the Committee on Invalid Pensions, and ordered to be printed. Hampshire .Volunteers; which was read a first and second time, re JOHN B. FULLER. ferred to the Committee on Invalid Pensions, and ordered to be printed. Mr. PIDCOCK also introduced a bill (H. R. 6822) granting apension ·; M.ABGA.RET LUCAS. to John B. ·Fuller; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. Mr. HAYNES introduced a bill (H. R. 6812) grating a pension to Margaret Lucas; which was read a first and second time, referred to PETER P. HOFFM.AN. the Committee on Invalid Pensions, and ordered to be printed. 1\-Ir. PIDCOCK alsO introduced a bill (H. R. 6823) granting a pension to Peter P. Hoffman; which was read a first and second time, referred · .A.:IIERIC.AN PORK IN EUROPE. to the Committee on Invalid Pensions, and ordered to be printed. Mr. PHELPS submitted the following resolution; which was read, J .AMES SA VERCOOL. and referred to the Committ-ee on Foreign Affairs: Resolved, That the Secretary of State be, and is hereby, requested to transmit, :Mr. PIDCOCK also introduced a bill (H. R. 6824) granting a pension ifnot incompatible with the public interest, copies of all corre!pondence between to James Savercool; which was read a first and second time, referred to his Department and the representatives of Fmnce, Germany, .Austria, and any the Committee on Invalid Pensions, and ordered 'fi? be printed. other European country which has partially or entirely restricted the importa tion of .American pork, referring to the facts of such exclusion or restriction and J.AllES R. BAYJA>R. , the reasons therefor. :Mr. PIDCOCK also introduced a bill (H. R. 6825) granting a pension Mr. PHELPS. I also send to the Clerk's desk a memorial of the to James R. Baylor; which was read a first and second time, referred State board of agriculture of New Jersey, and ask unanimous consent to the Committee on Invalid Pensions, and ordered_to be printed. that it be printed in the RECORD. It concerns an important subject POST-OFFICE BUILDING, JERSEY CITY. the exclusion of American pork from some of the markets in Europe. It will not occupy more than twenty-five lines. Mr. McADOO introduced a bill (H. R. 6826) making an appropriation There being no objection, the memorial was referred to the Commit for extending and repairing the post-office building at Jersey C'ity, N. tee on Foreign Affairs, and was ordered to be printed in the RECORD. J.; which was read a first and second time, referrred to the Committee It is as follows: on Public Buildings and Grounds, and ordered to be printed. To tlte Senate and HoUBe of Representai'it'lls of the PENSIONS. United Slates in. National Congress assembled: Mr. McADOO also introduced a bill (H. R. 6827) concerning pen Whereas the extreme low price of pork (which ~s one of the largest crops of sions to surviving and dependent parents of deceased soldiers whose only the American farmer) is seriously affecting the profits of agriculture in this coun try; and sons were disabled in the service ofthe United States; which was read Whereas the President, in his recent message to Congress, says: "I regret to a ·first and second time, referred to the Committee on Invalid Pensions, say that the restrictions upon the importation of our pork into France continue, and ordered to be printed. notwithstanding the abundant demonstration of the absence of sanitary danger in its use but I entertain strong hopes that, with a better understanding of the JOHN GODSON. matter, this vexatious prohibition will be removed. It would be pleasing to be Mr. MULLER introduced a bill (H. R. 6828) granting a pension to able to say as much with respect to Germany, Austria, and other countries where such food products are absolutely excluded without present prospect of reason John Godson, late of the United States Navy; which was read a first able change; " and and second time, referred to the Committee on Pensions, and ordered Whereas the President does not in his message give the information as to to be printed. the reasons o.r cause why American pork is absolutely excluded in Germany, .Austria, and other countries: Therefore, BALDWIN O.ANN . Resolved, That the State board of agriculture of New Jersey do hereby re Mr. BLISS introduced a bill (H. R. 6829) for the relief of Baldwin quest our representatives in Congress to make diligent investigation int<) this matter, and endeavor to secure such changes as may be necessary to relieve Cann, late first lieutenant Fourth New York Cavalry; which was read this important industry from the restrictions now imposed upon it by other a first and second time, referred to the Committee on Invalid Pensions, countries. and ordered to be printed. By order of the New Jersey State board of agriculture. . E. BURROUGH, Pl·esident. SAMUEL HEIN • .Attest: Mr. HEWI'IT introduced a bill (H. R. 6830) for the relief of Samuel WM. S. TAYLOR, Secretary. Rein; which was read a first and second time, referred to the Commit CHARLES FOX. tee on Claims, and ordered to be printed. Mr. PHELPS also introduced a bill (H. R. 6813) granting a pension BUSINESS OF TREASURY DEPARTMENT. to Charles Fox; which was read a first and second time, referred to the 1\-Ir. ~WI'IT {by request) also introduced a bill (H; R. 6831) to fa Committee on Invalid Pensions, and ordered to be printed. cilitate the business of the Treasury Department; which was read a STEPHEN S:U:ITH. first and second fiime, referred to the Committee on Ways and Means, Mr. RICE (by Mr. PHELPS) introduced q. bill (H. R. 6814) p;ranting and ordered to be printC(i. a pension to Stephen Smith; which was read a first and second time, re- CATHARINE SATTLER. ferred to the CommitteeoninvalidPensions, and ordered to be printed. Mr. DOWDNEY introduced a bill {H. R. 6832) granting a pension to · ROBERT BOYD. Mrs. Catharine Sattler; which was read a first and second time, re· Mr. PIDCOCK introduced a bill (H. R. 6815) granting a pension to ferred to the Committee on Invalid Pensions, and ordered to be printed. Robert Boyd; w bich was read a :first and second time, referred to the .ATTENDANTS IN UNITED STATES COURTS. Committee on Invalid Pensions, and ordered t.o be printed. Mr. ADAMS, of New York, introduced a bill (H. R. 6833) to regu· 2410 OONGRESSION AL RECORD-HOUSE. MARcH 16, late the compensation of attendant.a of the courts of the United States; PUNISHMENTS FOR VIOLATIONS OF REVENUE LAWS. which was read a first and second time, referred to the Committee on 1\fr. HENDERSON, of North Carolina, also introduced a bill (H. R. Expenditures in the Department of Justice, and ordered to be printed. 6849) to mitigate the severity and to moderate the horrors and cruelty HENRY OSTERHELD. of the punishments imposed for violations of the internal-revenue laws; Mr. STAHLNECKER introduced a bill (H. R. 6834) for the relief of which was read a first and second time, referred to the Committee on Henry Osterheld; which was read a first and .seeond time, referred to .the Judiciary, and ordered to be printed. the Committee on War Claims, and ordered to be printed. GARY DONALDSON. F. G. WILLIAMS. 1\Ir. WEST introduced a bill (H. R. 6850) granting a pension to Gary Mr. TIMOTHY J. CAMPBELL introduced a bill (H. R. 6835) for the Donaldson; which was read a first and second time, referred to th~ relief of F. G. Williams, administrator of Mrs. J.P. Williams, deceased; Committee on Invalid Pensions, and ordered to be printed. which was read a first and second time, referred to the Committee on .ANDREW .ALBRO. War Claims, and ordered to be printed. - 1\Ir. WEST also introduced a bill (H. R. 6851) for the relief of An JOSEPH DICKINSON. drew Albro; which was read a first and second time, referred to the 1\Ir. MERRIMAN {by Mr. TIMOTHY J. CAMPBELL) introduced a bill Committee on Military Affairs, and ordered to be printed. (H. R 6836) authorizing the President place Joseph Dickinson,la,te to AMENDMENT OF INTER...~A.L-REVENUE LAWS. a lieutenant-colonel and assistant adjutant-general United States volnn teei'S, on the retired-list of the United States Army; which was read a Mr. REID, of North Carolina, introduced a bill (H. R. 6852) to re first and second time, referred to the Committee on Military Affairs, duce the number of internal-revenue officeiS, reduce the tax on fruit and ordered to be printed. · brandy, provide a better and more economical administration of the JANE YOUNG. internal-revenue laws, and for other purposes; which was read a first and second time, referred to the Committee on Ways and Means, and Mr. FELIX C.Alt1PBELL introduced a bill (H. R. 6837) to place ordered to be printed. J.ane Young, widow of Adam Young, late master-at-arms United States Navy, on the pension-rolls; which was read a first and second time, re . BLAIR EDUCATIONAL BILL. ferred to the Committee on Invalid Pensions, and ordered to be printed. 1\fr. REID, of North Carolina, also submitted t.he following resolu JAMES A. WHALEN. tion; which was referred to the Committee on Ru1es: Mr. FELIX CAMPBELL also introduced a bill (H. R. 6838) for the Resolution instructing the Committee on Education to report Senate bill 194 entitled "A bill to aid in the establishment and temporary support of commo~ relief of James A. Whalen; which was read a first and second time, re schools," and commonly known as the Blair bill. ferred to the Committee on Claims, and ordered to be printed. Whereas during the first session of the Forty-eighth Congress, in the month JOHN NEARY. of April, 1884, the Senate passed and sent to the House of Representatives for its concurrence a. bill similar to the one referred to in the title above mentioned, Mr. SWINBURNE introduced a bill (H. R. 6839) to place the name which said bill was never acted upon by the llouse of Representatives during of John Neary on the Army retired-list; which wasreadafirstandsec the said session, nor at the second session of said Congress; and Whereas the Senate has recently passed said Senate bi11194, and sent it to the ond time, referred to the Committee on Invalid Pensions, and ordered House of Representatives, requesting concurrence therein; and to be printed. Whereas it is reported that the House Committee on Education has postponed the consideration of said bill until the third Monday of April next, a time when SARAH WILLIAMS VERY. the session may be too far advanced and the Calendar of the House too much Mr. SWINBURNE also introduced a bill (H. R. 6840) for the relief of crowded to secure a proper consideration of said bill; and 'Vhereas the Legislature of the States of Virginia, West Virginia, North Caro Sarah Williams Very; which was read a first and second time, referred lina, South Carolina, Georgia, Louisiana, Alabama, Missi sippi, Arkansas, and to the Committee on Invalid Pensions, and ordered to be printed. Kentucky have requested their Representatives and in tructed their Senators in Congress ;to aid in securing temporary Federal aid to the common schools EXPERIENCES. MILLER. of the several States; and Mr. SWINBURNE also introduced a bill (H. R. 6841) for the relief of Whereas the Stat-e superintendents of public instruction for the States of l\Iary laud1 Virginia, West Virginia., North Carolina, South Carolina, Florida, Alabama, ExperienceS. Miller; which was read a fiiSt and second time, referred Misstssippi, Louisiana, Arkansas, Missouri, Tennessee, and Kentucky, appoinled to the Committee· on Invalid Pensions, and ordered to be printed. as a committee to represent the educational convention assembled from said States at Atlanta, Ga., have heretofore memorialized Congress, setting forth the WILLARD SHELDON. immediate and pressing educational wants of the Southern States of the Union and praying for speedy action in aid thereof; and Mr. JOHNSON, of New York, introduced a bill (H. R. 6842) restor Whereas the passage of said bill would enable the States hereinbefore men· ing to the pension-roll Willard Sheldon; which was read a first and tioned to extend the blessings and advantages of a common-school training to second time, referred to the Committee op. Invalid Pensions, and ordered all indigent and illiterate children resident therein, more especially to the children of citizens who are compelled to labor for low wages m the shops or to be printed. on the farms, and have not the means requisite to provide an elementary edu· ARCHIBALD DONNELLY. cation; and Whereas it is undemocratic, unrepublican, unjust, and unfair, as well to the 1\Ir. JAMES (by request) introduced a bill (H. R. 6843) for there constituents of members of this House who represent the States abo>e named lief of Archibald Donnelly; which was read a first and second time, re as to the poor children of the whole Union, more especially to those residing in the South, who are without the necessary facilities of a. common-school educa ferred to the Committee on Invalid Pensions, and ordered to be printed. tion, to prevent action on said bill by unusual delay in reporting on the same, and not allowing a full and fair discussion and consideration thereof by the LEGRA.l'.~ E. SCRA.FFORD AND OTHERS. House: Therefore, Mr. PARKER mtroduced a bill (H. R. 6844)forthereliefofLegrand Be it ,·esolved, That the Committee on Education, to whom was referred said & Senate billl94, be directed to report the same to the House forth,vith with such E. Scrafford Co. and others; which was read a fiust and second time, recommendations as to said committee may seem proper. referred, by unanimous consent, to theCommitteeon Ways and Means, and ordered to be printed. INLAND W A.TER W A.Y FROM NEW YORK TO FLORIDA. IIELE.N WAYNE. 1\Ir. SKINNER introduced a bill (H. R. 6853) to provide an inland 1\fr. PAYNE introduced a bill (H. R. 6845) granting a pension to water way from New York to Florida; which was read a first and sec Helen Wayne, widow of Robert Wayne, late private Ninth New York ond time, referred to the Committee on Railwa,ys and Canals, and or Heavy Artillery; which was read a first and second time, referred to dered to be printed. the Committee' on Invalid Pensions, and ordered to be printed. BARKER, WILLIAMS, .AND OTHE.RS. BETSEY WESTOVER. Mr. COX introduced a bill (H. R. 6854) for the relief of Barker, Mr. PAYNE also introduced a bill (H. R. 6846)grantingapension to Williams, and others; which was read a first and second time, referred Betsey Westover, widow ofDiodorus Westover, late aptivate United to the Committee on War Claims, and ordered to be printed. States Army inthewarof1812; whichwasreadafirstand second time, 9IV1L SERVICE. referred to the Committee on Pensions, and ordered to be printed. Mr. COX also introduced a bill (H. R. 6855) to secure an equitable PROTECTION OF DISTILLERIES, ETC. classification and compensation of certain officers of the United States; which was read a first and second time, referred to the Committee on 1\fr. HENDERSON, of North Carolina, introduced a bill (H. R. Reform in the Civil Service, and ordered to be printed. 6847) to amend section 3332 of the Revised Statutes so as to effectua,lly preventthewrongfulseizing, mutilation, ordestructionofstillsandother W. T. SAND. distilling apparatus, and to punish revenue officers guilty of violating Mr. COWLES introduced a bill (H. R. 6856) granting a pension to these prohibitions; which was read a first and second time, referred to W. T. Sand; which was read a first and second time, referred to the the Committee on the Judiciary, and ordered"to be printed. Committee on Invalid Pe ions, and_ordered to be printed. DISTILLERY STOREKEEPERS. STOREKEEPERS. 1\lr. HENDERSON, of North Carolina, also introduced a bill (H. R. Mr. COWLES also introduced a bill (H. R. 6857) to amend Eectiou 6848) to amend section 3255 of the Revised Statutes so as to provide for 3255 of the Revised Statutes and to abolish storekeepers at whisky the abolition of storekeepers at small distilleries, and for other purposes; distilleries of the capacity of ten bushels per day or less; "Which was which was read a first and second time, referred to the Committee on read a first and second time, referred to the Committee on Ways and the Judiciary, and ordered to be printed. ¥eans, and ordered to be printed. 1886. CONGRESSIONAL RECORD-HOUSE. 2411
AMENDMENT TO RULE XXXIV. HENRY NEWYEAR. :Mr. HILL submitted the following resolution; which was referred to Mr. LITTLE also introduced a bill (H. R: 6870) for the relief of the Com.m.Htee on Rules: Henry Newyear; which was read a first and second time, referred to Resolved, That Rule XXXIV of the House of Representatives be so amended the Committee on Military Affairs, and ordered to be printed. as to read as follows: MIRIAN JUDY .POST G. A. R., BLOO:'!IINGBURG, OIDO • .After the word "consideration," in line U, add, " and the Commissioner of Ag 1 riculture, Commissioner of the General Land Office, Commissioner of Patents, 1\fr. LITTLE also introducedajointresolution (H. Res. 139) author Commissioner of Pensions, Commissioner of Indian Affairs, and the Commis sioner of Internal Revenue. izing the Secretary of War to furnish 1\Iirian Judy Post, Grand Army 1 of the Republic, of Bloomingburg, Ohio, twelve condemned musketa, DENNIS 0 1\'"EILL .A1\TD OTHERS. and accouterments; which was read a first and second time, referred to ~Ir. IDLL also introduced a. bill (H. R. 6858Y for the relief of Dennis the Committee on :Military Affairs, and ordered to be printed. O'Neill, Josiah L. Venable, George H. Boston, James A. Jennefer, Otho Branson, William Blake, and James V(. Davenport, Dennis JOHN R. BROWN. O'Neill & Co., contractors; which was read a first and second time, re Mr. CAMPBELL, of Ohio, introduced a bill (H. R. 6871) for there ferred to the Committee on the District. of Columbia, and ordered to be lief of John R. Brown; which was read a first and second time, re printed. ferred to the Committee on Military Affairs; and ordered to be printed. MABION BROWN. .ALEXANDER 1\C. WIDIT.AKER. Mr. EZRA B. TAYLOR, introduced a bill (H. R. 6859) granting a pen M:r. CAMPBELL, of Ohio, also introduced a bill (H. R. 6872) for sion to Marion Brown; which was read a first and second time, referr~ the relief of Alexander M. Whittaker; which was read a. first and second to the Committee on Invalid Pensions, and ordered to be printed. time, referred to the Committee on Military Affairs, and ordered to be JOSEPH ANZER. printed. Mr. EZRA B. TAYLOR also introduced a bill (H. R. 6860) granting CONSTRUCTION OF PUBLIC BUILDINGS. a pension to Joseph Anzer; which was read a first and second time, re Mr. RANDALL introduced a bill (H. R. 6873) relating to the con ferred to the Committee on Invalid Pensions, and ordered to be printed. struction of public buildings; which was read a first and second time, referred to the Committee on Public Buildings and Grounds, and or EDWARD .A. Sl'IIITH. dered to be printed. ]')!r. BUTTERWORTH introduced a bill (H. R. 6861) for the relief AXEL W. ANDERSON. of the legal representatives of Edward A. Smith, of Cincinnati, Ohio; which was read a first and second time, referred to the Committee on l\1r. RANDALL also introduced a bill (H. R. 6874) granting a pen War Claims, and ordered to be printed. sion to Axel W. Anderson; which was read a first and second time, re ferred to the Committee on Invalid Pensions, and ordered to be printed. E. G. CARPEl\""TER. SCHOONER PETER D. LAMBERT. Mr. BUTTERWORTH also introduced a bill (H. R. 6862) for there Mr. RANDALL also introduced a bill (H. R. 6875) referring the lief of E. G. Carpenter, of Cincinnati, Ohio; which .was read a first and claim of Arthur P. Paynter for damages to the schooner Peter D. second time, referred to the Committee on Claims, and ordered to be Lambert and cargo to the Court of Claims; which was read a first and printed. second time, referred to the-Committee on War Claims, and ordered to FRANCIS DAU'M. be printed. Ur. BUTTERWORTH (by request) also introduced a bill (H. R. COlli'MODORE WILLIAM T. TRUXTUN. 6863) granting a pension to Francis Daum, of Cincinnati, Ohio; which Mr. SCOTT introduced a bill (H. R. 6876) for the 1·elief of Commo was read a first and second time, referred to the Committee on Invalid dore William T. Truxtun; which was read a first and second time, re Pen ions, and ordered to be printed. ferred to the Committee on Naval Affairs, and ordered to be printed. WILLIA.'M WILLSON. MISS VIRGINIA GREER. · Mr. McKINLEY introduced a bill (H. R. 6864) granting a pension M:r. SWOPE introduced a bill (H. R. 6877) for the relief of Mrs. Vir- to William Willson; which was read a first and second time, referred ginia. Greer; which was l'ead a first and second time, referred to the to the Committee on Invalid Pensions, and ordered to be printed. Committee on Invalid Pensions, and ordered to be prmted. THOMAS D. SHAW. JOHN VOGEL. Mr. McKINLEY also introduced a bill (H. R. 6865) granting an in Mr. BOYLE introduced a bill (H. R. 6878) granting a pension to crease of pel\Sion to Thomas D. Shaw; which was read a first and sec John Vogel; which was read a first and second time, referred to the ond time, referred to the Committee on Invalid Pensions, and ordered Committee on Invalid Pensions, and ordered to be printed. to be printed. GEORGE W. HAND. LOUIS GEHM. Mr. McKINLEY also introduced a bill (H. R. 6866) to remove charges Mr. BOYLE also introduced a bill (H. R. 6879) granting a pension of desertion against the record of George W. Hand; which was read a to Louis Gehm; which was read afirstandsecond time, referred to the , first and second time, referred to the Committee on Military Affairs, Committee on Invalid Pensions, and ordered to be printed. and ordered to be printed. P. A. IDGHT. MRS • .ALMIRA V. BROWN. Mr. BOYLE also introduced a bill (H. R. 6880) granting a pension 1\fr. WILKINS introduced a bill (H. R. 6867) -for the relief of.]')lrs. to P. A. Hight; which was read a first and second time, referred to the Almira V. Brown; which was read a first and second time, referred to Committee on Invalid Pensions1 and ordered to be printed. the Committee on War Claims, and ordered to be printed. ELIZA A. BOWLEN·. WILBUR F. IDNMAN. Mr. BOYLE also introduced a bill (H. R. 6881) granting a pension to Eliza A. Bowlen; which was read a first and second time, referretl ]')fr. FORAN introduced a bill (H. R. 6868) for the relief of Wilbur to the Committee on Invalid Pensions, and ordered to be printed. F. Hinman; which was read a first and second time, referred to the Committee on War Claims, and ordered to be printed. MICHAEL RICE. Mr. BOYLE also introduced a. bill (H. R. 6882) granting a pension HARRY BARTON. to Michael Rice; which was read a first and second time, referred to Mr. FORAN submitted the following resolution; which was referred the Committee on Invalid Pensions, and ordered to be printed. to the Committee on Accounts: HENRY 0 1 NE.A.L. Eesol'Ced, That the Clerk of the House be, and he is hereby, authorized and di rected to _pay to Harry Barton 8600, being the difference between his pay as a ]')!r. BOYLE also introduced a bill (H. R. 6883) granting a pension folder at lr.lOQ per annum and that of a clerk in the folding-room at $1,200, from to Henry O'Neal; which was read a first and second time, referred to March 10, 1884, to March 10,1886, and the amount herein authorized and directed shall be paid out of the contingent fund of the House and be made immediately the Committee on Invalid Pensions, and ordered to be printed. available, subject to the approval of the Committee on Accounts. I. M. AND S. T. GRAY. INTERNATIONAL SHEEP AND WOOL SHOW, PHILADELPHIA. Mr. BOYLE also introduced a bill (H. R. 6884) for the relief of I. M. Mr. IKE H. TAYLOR introduced a joint resolution (H. Res. 138) and S. T. Gray; which was read a first and second time, rei{med to the to print 10,000 copies of the report of the Commissioner of Agriculture Committee on Claims, and ordered to be printed. / on the -international sheep and wool show held in Philadelphia in Sep CLARA GEISER. tember, 1880; which was read a first and second time, referred to the 1\ir. ERMENTROUT introduced a bill (H. R. 6885) granting a pen Com~ittee on Printing, and ordered to be printed. sion to Clara Geiser; which was read a first and second time, referred UNRE£!TRICTED COINAGE OF SILVER DOLLARS. to the Committee on Invalid Pensions, and ordered to be printed. Mr. LITTLE introduced a bill (H. R. 6869) relative to the unre K S. GATIL. stricted coinage of silver dollars on an international ratio; which was lli. ERMENTROUT also introduced a bill {H. R. 6886) granting a read a first and second time, referred to the Committee on Coinage, pension to H. S. Ganl; which was read a first and second time, referred Weights, and 1\feasures, and ordered to be printed. to the Committee on Invalid Pensions, and ordered to be printed. 2412 CONGRESSIONAL RECORD-HOUSE. MARcH 16,
REBECCA RHOADS. referred to the Committee on the District of Columbia, and ordered ro Mr. ERMENTROUT also introduced a bill {H. R. 6887) granting a be printed. pension to Rebecca. Rhoads, depen~ent mother of John G. ~hoads; POLICE COURT OF THE DISTRICT. which was read a first and second time, referred to the Committee on Mr. HEMPHILL also introduced a bill (H. R. 6902) to ·abolish the Invalid Pensions, and ordered to be printed. police court and office of justice of the peace in and for the District of Columbia and for other purposes; which was read a first and second WILLIAM P. WITHEROW. time, referred to the Committee on the District of Columbia, and or Mr. JACKSON introduced a bill (H. R. 6888) to remove the charge dered to be printed. of desertion from the record of William P. Witherow and grant him an DR. JOHN TEMPLETON. honorable discharge· which was read a first and second time, referred Mr. PETTIBONE introduced a bill (H. R. 6903) for the relief of Dr. to the Committee on':M:ilitary Affairs, and ordered to... be printed. John Templeton; which was read a first and second time, referred to WILLIA]£ FORD. the Committee on War Claims, and ordered to be printed. 1.-Ir. JACKSON also introduced a bill (H. R. 6889) granting a pension G. T. LARKIN. to William Ford; which was read a first and second ti~e, referred to the Mr. HEMPHILL introduced a bill (H. R. 6904) for the relief of G. Committee on Invalid Pensions, and ordered to be prmted. T. Larkin; whicb was read afustandsecond time, referred to the Com- AMANDA F~ WILSON. mittee on Claims, and ordered to be printed. Mr. WHITE, of Pennsylvania, introduced a bill (H. R. 6890) grant- WILKINS W. WAGGONER. ing a pension to Amanda F. Wilson, _widow of John G .. Wilson, com- Mr. CALDWELL introduced a bill (H. R. 6905) for the relief of Wil- pany K One hundred and fifth Regrment Pennsylvama Volunteers; kins w. Waggoner; which was read a first and second time, referred t() which ,~as read a first and second time, referred to the Committee on the Committee on War Claims, and ordered to be printed. Invalid Pensions, and ordered to be printed. WAR CLAIMS. GEORGE W. KLI~ESMITH. lli. RICHARDSON introduced a bill (H. R. 6906) to authorize t.he Mr. WHITE, of Pennsylvania, also introduced a bill (H. R. 6891) to auditing and allowance of claims for use and occupation or destruction increase the pension of George W. Klinesmith, late a private. Company of buildings in the late war which were used alone fo~ educational or B, Twenty-ninth Regiment Pennsylvania Vo~unteers; whi_ch was_read religions purposes; which 'Yas read a first and secon~ time, referred to a first and second time, referred to the Committee on Invalid PensiOns, the Committee on War Clarms, and ordered to be pnnted. and ordered to ~e printed. THO::\IPSON CREAMER. CHARLES :M. KENNERLY. · 1\Ir. WHITE, of Pennsylvania, also introduced a bill (H. R. 6892) to Mr. JOHN M. TAYLOR introduced a bill (H. R. 6907) for the relief increase the pension of_Thomps?n Creamer, late a_ private Company _H, of Charles M. Kennerly, of Henry County, Tennessee; which was read One hundred and ninetieth Regiment Pennsylvama Volnnteers; wh1ch a first and second time, referred to the Comm.i ttee on Claims, and or was read a first and second time, referred to the Committee on Invalid dered to be printed. Pensions, and ordered to be printed. N. H. WHITLOW. JOSEPH ROCKEL. 1\Ir. JOHN 1\I. TAYLOR also introduced a bill (H. R. 6908) for the relief of N. H. Whitlow; which was read a. first and second time, re M:r. STORU introduced a bill {H. R. 6893) granting a pension to ferred to the. Committee on War Claims, and ordered to be printed. Joseph Rockel; which was ~ead a first and second tilll:e, referred to the Committee on Invalid PellS1ons, and ordered to be pnnted. RICHARD ODLE. SALLY ANN RUSE. Mr. JOHN M. TAYLOR also introduced a bill (H. R. 6909) for the relief of Richard Odie, of Benton County, Tennessee; which was read ?tlr OSBORNE introduced a bill (H. R. 6894) for the relief of Sally a first and second time, referred to the Committee on War Claims, and Ann Ruse -mother of George A. Ruse, deceased, late a lieutenant in ordered to·be printed. CompanyD, One hundred and forty-third Re~iment Pennsylvania Vol unteers· which was re:td a first and second time, referred to the Com R.N. PAYNE. mittee ~n 'Yar Claims, and ordered to be printed. 1\Ir. JOHN M. TAYLOR also introduced a bill (H. R. 6910) for the relief of R. N. Payne, of Carroll County, Tennessee; which was read a SARAH HARBAUGH. first and second time, referred to the Committee on War Claims, and Mr. BAYNE introduced a. bill (H. R. G895) ·granting a pension to ordered to be printed. Sarah Harbaugh, widow of George F. Har~angh; which. was r~ a V. D. WALKER. first and second time, refened to the Comm1ttee on Invalid PensiOns, Mr. JOHN M. TAYLOR also introduced a bill (H. R. 6911) for the . and ordere~ to be printed. relief of V. B. Walker; which was read a first and second time, referred PETER ELSER. to the Committee on War Claims, and ordered to be printed. Mr. BOUND introduced a. bill (H. R. f5896) to increase th~ pension ROBERT LINGAR. of Peter Elser Two hundred and first Regiment Pennsylvama Volun teers· which ~as read a first and second time, referred to the Commit Mr. HOUK introduced a bill (H. R. 6912) granting a pension to Rob tee o~ Invalid Pensions, and ordered to be printed. ert Lin~mr- which was read a. first and second time, referred to the Com mittee ~n invalid Pensions, and ordered to be printed. HENRY HIPPLE. ENOCH CRAWFORD. Mr. BOUND also introduced a bill (H. R. 6897) granting a pensio~ Mr. HOUK also introduced a bill (H. R. 6913) for the relief ofEnoch to Henry Hip}>le, late of Company !f. One hundred and seventh ~egJ. Crawford· which was read a :first and second time, referred to the Com ment Pennsylvania Volunteers; -vyhich ":as readafirstandsecon<1:time, mittee Invalid Pensions, and ordered to be printed. referred to the Committee on Invalid Pens10ns, and ordered to be pnnted. o~ RICHARD G. SIIARP. THO:IIAS CONNELLY. Mr. HOUK also introduced a bill (H. R. 6914) granting a pension to Ur. BOUND also introduced a bill (H. R. 6898) to remove the charge Richard G. Sharp; which was read a first and second time, referred to of desertion from the military record of Thomas Connelly,:Company G, the Committee on Invalid Pensions, and ordered to be printed. N~th Regiment Pennsylvania Vo~unteers; -yvJiich was :ead a first and second time referred to the Comnnttee on M1litary Affairs, and ordered .ABRAM HAl\:O!OND. to be printed. · l\1r. HOUK also introduced a bill (H. R. 6915) for the relief of Abram HUGH DONLY. Hammond· which was read a first and second time, referred to the :Mr. BROWN of Pennsylvania, introduced a bill (H. R.· 6899) ro al Committee' on Invalid Pensions, and ordered to be printed. low pay to Hugh Donly for his serviceg as a soldier the same as if he A CO:\L"\ION STANDARD SILVER COIN. had been borne on the muster-rolls of his company; which was read a Mr. REAGAJ.'l (by request) introduced a bill (H. R. 6916) to pr~vide :first and second time, referred to the Committee on War Claims, and for a conference of the American nations on a common standard sllvet ordered to be printed. coin and for other purposes; which was read a first and second time, NAVY WARRANT OFFICERS. refe~red to the Committee on Coinage, Weights, and Measures, and Mr. HARMER introduced a bill (H. R. 6900) giving rank ro warrant ordered to be printed. officers of the United States Navy; which was read a first and second THE RETIItED·LIST OF THE ARMY. time referred to the Committee on Na>al Affairs, and ordered to be 1\Ir. REAGAN also presented the following resolution; which was printed. referred to the Committee on Military Affairs: CO~Y ANCE, ETC., OF REAL ESTATE IN THE DISTRICT. Be it resolved by the House of Representatives, Th!\t the Secretary of War~ re Mr. HEMPHILL (by request) introduced a bill ~H. R. 6901) to quested to transmit to the House. of Representatives a full_ and complete hst of the officers now on the retired-list of the .Army, with theu r~pect1ve rank or amend the law in relation to the conveyance and deviSe of real estate relative rank, their annual pay and allowance •. and ~he specific reasons and in the District of Columbia; which was read a first and second time, grounds upon which they were placed on the retrred-list. 1886. CONGRESSIONAL RECORD-HOUSE. 2413
JUDICIAL SALES. JOHN HENRY BALL. 1\Ir. THROCKMORTON introduced a bill (H. R. 6917) to provide :Mr. GIBSON, of West Virginia., also introduced a bill (H. R 6931) for the protection of the interests of the United States in judicial sales, to remove the charge of desertion from John Henry Ball, of Company sales by receivers or mortgagees; which was read a first and second time, D, Seventh Regiment West Virginia Cavalry; which was read a first and referred to the Committee on the Judiciary, and ordered to be printed. second time, referred to the Committee ou Military Affairs, and ordered to be printed. LEWIS 1\I. STRO:NG. J • .A. PETTY. Mr. GROUT introduced a bill (H. R. 6918) to increase the pension :Mr. GIBSON, of West Virginia, also introduced a bill (H. R. 6932) of Lewis M. Strong; which was read a first and second time, referred granting a pension to J. A. Petty, ]ate a private in Company B, Sixth to the Committee on Invalid Pensions, and ordered to be printed. Regiment West Virginia. Infantry; which was read a :first and second S.AR.AII .ANN WILLIAMS. time, referred to the Committee on Invalid Pensions, and ordered to be Mr. GROUT also introduced a bill (H. R. 6919) granting a pension printed. to Sarah Ann Williams; which was read a first and second time, re JOHN HARRIS MARPLE. ferred to the Committee on Invalid Pensions, and ordered to be printed. :Mr. GIBSON, of West Virginia, also introduced a bill (H. R. 6933) granting a pension to John Harris Marple, of Company A, Seventeenth 1\IICH.AEL :lll.ANNING. West Virginia Volunteers; whicli was referred to the Committee on In Mr. STEWART, of Vermont, introduced a bill (H. R. 6920) grant valid Pensions, and ordered to be printed. ing a .pension to Michael Manning; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to 'f?e DAVID LATTIN. printed. Mr. GIBSON, of West Virginia, also introduced a bill (H. R. 6934) 1\I.AURICE REEDY. granting a pension to David Lattin, a member of Company G, Fifth West Virginia Infantry; which was read a first and second time, referred Mr. STEWART, of Vermont (byrequest), also introduced a bill (H. to the Committee on Invalid Pensions, and ordered to be printed. R. 6921) granting a pension to Maurice Reedy; which was read a first and second time, referred to the Committee on Invalid Pensions, and WILLIAM J. CLARK. ordered to be printed. .Mr. GIBSON, of West Virginia, also introduced a bill (H. R. 6935) WILLI.A:U JOSLIN. granting a pension to William J. Clark, of Company B, Eleventh Regi Ur. STEWART, of .Vermont, also introduced a bill (H. R. 6922) ment West Virginia Volunteers; which was read a first and second for the relief of William Joslin; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be time, referred to the Committee on Claims, and ordered to be printed. printed. WILLI.Al\I 1\I. LINDNER. J .A COB E. ISRAEL. Ur. LIBBEY introduced a bill (H. R. 6923) to increase the pension M:r. GIBSON, of West Virginia, also introduced a bill (H. R. 6936) of William 1ri. Lindner; which was read a first and second time, re granting a pension to Jacob E. Israel, late of Company M:, First Regi ferred to the Committee on Invalid Pensions, and ordered to be printed. ment West Virginia Cavalry; which was read a first and second time, refen-ed to the Committee on Invalid Pensions, and ordered to be printed. THE GOSPORT N.A. VY• Y .ARD. Mr. LIBBEY also presented a joint resolution of the General Assem CONSTRUCTION OF N.A V .AL VESSELS. bly of Virginia, requesting the Secretary of the Navy to make the Mr. GOFF submitted the following resolution; which was referred Gosport (Norfolk) navy-yard the central navy-yard of the country; to the Committee on Naval .A..ffairs: . which was referred to the Committee on Naval Affairs. Resolved, That the Secretary of the Navy be directed to inform the House of Representatives of the present condition of the Chicago, Boston, and .Atlanta; Bl:J'SINESS OF TIIE DISTRICT OF COLUMBIA. what progress has been made in their construction; what obstacles, if any, exisf; to their early completion, and when in his opinion they will be ready to be Mr. BARBOUR offered the following 1·esolution; which was referred placed in commission. .Also that he inform the House what steps have been to the Committee on Rules: taken toward the construction of the two crnisers and two gunboats authorized Resolved, :!'hat the second Monday of each calendar month hereafter during by the act of March 3, 1885, in what manner they are to be built, when work the continuance of the Forty-ninth Congress, after the call of States and Terri upon them will be commenced, and what time will be required in completing tories for bills and joint- resolutions, be, and the &.arne hereby is, set apart for the them. consideration of such business as may be presented by the Committee on the Dis GEORGE D. PAUL. trict of Columbia. Mr. BRAGG introduced a bill (H. R. 6937) for the relief of George D. JOHN W. FAIRFAX. Paul, of the Fourth Michigan Volunteers; which was read a first and 1\fr. BARBOUR also introduced a bill (H. R. 6924) for the relief of second time, referred to the Committee on Military Affairs, and ordered John W. Fairfux; which was read a first and second time, referred to to be printed. . the Committee on the Judiciary, and ordered to be printed. JOHN .A. 1\IELLO:N. CHARLES W • .AD.Al\18. Mr. BEAN introduced a bill {H. R. 6938) for the relief of John .A. Mr. BARBOUR (by request) introduced a bill (H. R. 6925) for the Mellon for loss of boat; which was read a first and second time, referred re;tief of Charles W. Adams; which was read a first and second time, re to the Committee on War Claims, and ordered to be printed. ferred to the Committee on War Claims, and ordered to be printed. .ARTESIAN WELLS. HE:NRY .APPLE. :Mr. BEAN also introduced a bill (H. R. 6939) to encourage the sink Mr. TRIGG introduced a bill {H. R. 6926) granting a. pension to Henry ing of artesian wells west of the Mississippi River; which was read a Apple; which was read a first and second time, referred to the Commit a first and second time, referred to the Committee on the Territories, tee on Invalid Pensions, and ordered to be printed. and ordered to be printed. HE.."rn.Y G. DENNIS. HE.,'~"RY GREBE. Mr. TRIGG also introduced a bill (H. R. 6927) for the rf'liefofHenry Mr. GIFFORD introduced a bill (H. R. 6940) for the relief of Henry G. Dennis,ofGiles County, Virginia; whichwasreadafiistandsecond Grebe, acting second lieutenant of the Ninety-third United States Col time, referred to the Committee on War Claims, and ordered to be printed. ored Infantry; which was read a first and second time, referred to the HENRY T. RA.RTl\I.AN. Committee on War Claims, and ordered to be printed. 1\fr. TUCKER introduced a bill (H. R. 6928) for the relief of Henry CORPORATIONS IN TERRITORIES. T. Hartman; which was read a first and second time, referred to the Mr. GIFFORD also introduced a bill (H. R. 6941) to amend section Committee on Patents, and ordered tQ be printed. 1889 of the Revised Statutes of the United Stat~s relating to the Leg· .A.MEND::\IENT OF REVISED STATUTES. isb.tive Assemblies of Territories creating corporations; which was read a first and second time, referred to the Committee on the Territories, Mr. TUCKER introducted a bill (H. R. 6929) to repeal sections 1767 and ordered to be printed. . 1768, 1769, 1770, 1771, and 1772 of the RevisedStatutes of the United States; which was read afirstand second time, referred to the Commit EDUCATION IN TERRITORIES. ! tee on the Judiciary, and ordered to be printed. Mr. GIFFORD also introduced a bill (H. R. 6942) to set apad sec CO)!MON SCHOOLS. tion 36, township 111, range 62, Dakota. Territory, for educational purposes; which was read a first and second time, referred to the Com Mr. WISE introduced a bill (H. R. 6930) to aid in the establishment mittee on the_Public Lands, and ordered robe printed. and temporary support of common schools; which was read a first and second time, referred '00 the Committee on Education, and ordered to FREDERICK VOJ.LR.ATH. I be printed. Mr. GIFFORD also introduced a bill (H. R. 6943) granting a pen~ M.A. URICE RUDDLESDEN. sion to Frederick Vollrath; which was read a first and second time, re Mr. GIBSON, ofWestVirginia, introduced a resolution for the relief ferred ro the Committee on Invalid Pensions, and ordered ro be printed. of Maurice Ruddlesden; which was ·referred to the Committee on .Ac GUTTl\I.AN1 FRIEI:'H.AN & CO. \ counts, and ordered to be printed. Mr. JOSEPH introduced a ~ill (H. R. 6944) for the relief of Gutt- 2414 CONGRESSIONAL RECORD-HOUSE. MARCH 16, mann, Friedman & Co.; which was read a first and second time, re- he is hereby, requested to furnish this House with information as to the advisa· "erred to the Committee. on Claims, and or_dered to be printed. bility and increased cost of extending ship navigation above Portland to the 1• Willamett-e Fa.lls, on the Willamett-e River, in Oregon. AUGUSTIN LACOME & BROTHER. ALBERT H. HUTCIITh"SON. Mr. JOSEPHalso introduced a bill (H. R. 6945) for the relief of Au- Mr. BOUTELLE introduced a bill (H. R. -6960) to :remove the charge gustin Lacome & Brother; which was read a first and second time, re- of desertion from the record of Albert H. Hutchinson; which was read ferred to the Committee on Claims, and ordered to be printed. a first and second time, referred to t'!:le Committee on Military Affairs, HEIRS OF JUAN MARIA BACA. and ordered to be printed. Mr. JOSEPH also introduced a bill (H. R. 6946) for the relief of the !IIEMBERS OF WYOMING COUNCIL, ETC. heirs of Juan MariaBaca, deceased; which was read a first and second Mr. CAREY introduced a bill (H. R. 6961) tofixthenumberofmem- time, referred to the Committee on Claims, and ordered to be printed. hers of the council and house of representatives of the Territory of HEIRS OF GASPAR ORTIZ y ALARID. Wyoming, and for other purposes; which was read a first and second time, referred to the Committee on the Territories, and ordered to be Mr. JOSEPH also introduced a bill (H. R. 6947) for the relief of the printed. heirs of Gaspar Ortiz y Alarid, deceased; which was read a first and CHARLES E. BLAKE. second time, referred to the Committee on Claims, and ordered to be Mr. DINGLEY introduced a bill (H. R. 6962) granting a pension to printed. Charles E. Blake; which was read a first and second time, referred to PUBLIC BUILDING, FORT WORTH, TEX. t.he Committee on Invalid Pensions, and ordered to be printed. Mr. WELLBORN introduced a bill (H. R. 6948) for the erection of a GILES THURTLEFF. public building at Fort Worth, Tex.; which was read a first and sec- •.. Ir. DINGLEY als"' m· troduceda bill (H. R. 6n63) grantinorr "-pensl·on ond time, referred to the Committee on Public Buildings and Grounds, .1) v u .., and ordered to be printed. to Giles Thnrtleff; which was read a first and second time, referred to THOMAS I. PATTERSON. the Committee on Invalid Pensions, .and ordered to be printed. Mr. NEECE introduced a. bill (H. R. 6949} to increase the pension BOUNTY TO CERTA.IN SOLDIERS LATE WAR. of Thomas L Patterson; which was read a first and second time, re- Mr. MILLIKEN introduced a bill (H. R. 6964) to amend an act ap- ferred to the Committee on Invalid Pensions, and ordered to be printed. proved March 3, 1863, entitled ''An act to authorize the employment FREDERICK STEPP. of volunteers to aid in enforcing the laws and protecting public property, approvedJuly22, 1861,"soastoauthorize the payment of$100 bounty Mr. NEECE also introduced a bill (H. R. 6950) granting a pension to certain soldiers discharged for disability incurred while in the mill to Frederick Stepp; which was read a first and second time, referred tary service; which was read a first and second time, refened to the to the Committee on Invalid Pensions, and ordered to be printed. Committee on Military Affairs, and ordered to be printed. WERNER LENTZ. COURT-HOUSE, COLUMBIA COUNTY, WASHINGTON TERRITORY. Mr. l'tiORRISON introduced a bill (H. R. 6951) for the relief of Wer- Mr. VOORHEES introduced a bill (H. R. 6965) to authorize Columbia ner Lentz; which was read a first and second time, referred to the Com- County in washington Territory to issue bonds fo:r the construction of mittee on Invalid Pensions, and ordered to be printed. a court-house; which was read a first .and second time, referred to the CHARLES RIDDLE. Committee on the Territories, and ordered to be printed. Mr. McCREARY (by request) introduced a bill (H. R. 695~) grant- LEGISLATIVE ASSEMBLY, WASHINGTON TERRITORY. ing a pension to Charles Riddle; which was read a first and second Mr. VOORHEES also introduced a bill {H. R. 6966) to change the time, referred to the Committee on Invalid Pensions, and orde:red to be time of meeting of the Legislative Assembly ofWashington Territory; prillted. which was read a first and second time, referred to the Committee on DEFICIENCY CLAIMS, POST-OFFICE DEPARTMENT. the Territories, and ordered to be printed. Mr. TAULBEE introduced a bill (H. R. 6953) to appropriate a sum POLYGAMY. of money to pay deficiency claims from the Post-Office Department Mr. VOORHEESalsointrodueedajointresolution (H. Res. 140) pro- prior to July 1, 1882; which was read a first and second time, referred posing an amendment to the Constitution of the Unired .States prohib- to the Committee on Appropriations, and ordered to be printed. iting polygamy; which was read a first and second time, refurred to the JOSEPH T. BOYD. Committee on the Judiciary, and ordered to be printed. Mr. SYME9 introduced a bill (H. R. 6954) for the relief of Joseph INDIAN ANNUITY GOODS AND 'OTHER SUPPLIES. T. Boyd; which was read a first and second time, referred to the Com- :Mr. HAILEY introduced a bill (H. R. 6967) 00 provide for .advertis- mittee on War Claims, and ordered to be printed. ing and letting eontracts for furnishing annuity goods and other sup- ZENAS DIGELOW. plies to Indian agencies, and to provide for inspectors at Indian agen- l'tir. SYl\fES also introduced a bill (H. R. 6955) for the relief of cies; which was read a :first and second time, referred to the Committee Zenas Bigelow; which was read a first and second time, referred to the on Indian Affairs, and ordered to be printed. Committee on Invalid Pensions, and ordered to be printed. MARY RAINS. JERUSHA SPARKS. Mr. HAILEY also introduced a bill (H. R. 6968j to pay Mary RainS, Mr. HERMAN introduced a bill (H. R. 6956) for payment to J e- of Idaho, for property destroyed by Indians in Idaho in 1879; which rusha Sparks, surviving widow of A. J. Bolon, deceased, for property was read a :first and second time~ referred to the Committee on Indian destroyed by Yakima Indians in Washington Territory in 1855; which , Affairs, and order~ to be printed. was read a first and second time, referred to the Committee on Claims, sAMUEL F. ROWE. and ordered to be printed. Mr. GUENTHER introduced a bill (H. R. 6969) granting a pension GARRETT CROCKETI'. to Samuel F. Rowe; which was read a. first and second time, referred to Mr. HERMAN also introduced a bill (H. R. 6957) for payment to the Committee on Invalid Pensiolis, and ordered to be printed. Garrett Crockett, of Josephine County, State of Oregon, of the sum of JAMES H. Y.AN WAGENEN. $3,600 for property destroyed by hostile Indians in Southern Oregon Mr. LA FOLLETTE introduced a bill (H. R. 6970) for the relief of in 1855; which was read a first and second time, referred to the Com- James H. Van Warrenen; which was read a first and second time, re mittee on Claims, and ordered to be printed. ferred to the Committee on Invalid Pensions, and ordered to be printed. HERMANN BAUMHAGER. MICHAEL HARTMAN. :Mr. HERMAN also introduced a bill (H. R. 6958) for increase of pen lli. DAVENPORT (by request) introduced a bill (H. R. 6971) for sion (invalid, late war) of Hermann Baumhager; which was read a first the relief of Michael Hartman; which was read a first and second and second time, referred to the Committee on Invalid Pensions, and time, referred to the Committee on Military Affairs, and ordered to be order~ to be printed. printed. WYATT HARRIS. IMPROVEMENT OF THE MALL. :Mr. HERMAN also introduced a bill (H. R. 6959) for relief of Wy Mr. SPRINGER introduced a bill (H. R. 6972) to enlarge the east att Harris, late captain of Company I, Twenty-fourth Regiment Infan ern end· of the Mall and to lay out an avenue through said Mall, and try Missouri Volunteers, and compensation for money and property for other purposes; which was read a first and second time, referred to taken from him by confederate officers while prisoner of war by capt the Committee on Public Buildings and Grounds, and ordered to be ure of Union forces at Union City, Tenn., by confederate troops under . ted. GeneralN. B. Forrest; which was read a. first and second time, referred p~Ir. SPRINGER. I desire to submit in connection with thls bill to the Committee on War Claims, and ordered to be printed. some maps and other documents. · RIVER NAVIG.ATION IN OREGON. The SPEAKER. They will be forwarded to the Committee on Pub· Mr. HERl'tiAN also submitted the following resolution ofinquiry; lie Buildings and Grounds. which was referred to the Committee on Rivers and Harbors: REPORT ON CONDITION OF INDIANS, ETC. Resol-red Z.y t4e House f:l { Rl'pre.se71f.ali.ves. That the Secretary of War be, and Mr. HOLMAN, from the Select Committee on Expenditures for In- 1886. CONGRESSIONAL RECORD-HOUSE. 2415 dians and the Yellowstone Park, reported a bill (H. R. 6973) to pro of this act; and from the aggregate sum so ascertained shall be subtracted the estimated cost of the services and expenses provided for being estimated in sec· vide for the appointment of a commission to inspect and report on the tion 4 of this act-, and also the amount _provided for in section 1 of this act, to condition of the Indians and Indian affairs, and for other purposes; gether with all the other expenses of the court; and from the amount so ascer which was read a first and second time, referred to the Committee of tained shall be further deducted the aggregate of the judgments of the first class which have already been paid, and the bl1lance shall be applied as follows : Fire!;, the Whole House on the state of the Union, and, with the accompany to the payment of the judgments of the first class yet remaining unpaid as pro ing report, ordered to be printed. vided rn said act, approved June 5,1882, and the residue shall be paid out and Mr. CANNON. I desire to ask the gentleman from Indiana if he distributed pro rata upon the judgments in favor of claimants of the second class, as provided in said last named act. .And the amounts so ascertained as now makes n. repor~ or merely introduces a bill? aforesaid are, for the purpose of making the payment aforesaid, hereby appro Mr. HOLMAN. I introduce a bill accompanied by a report. priated out of any moneys in the Treasury not otherwise appropriated. Mr. CANNON. The gentleman is now making the report of the select committee? The SPEAKER. Is a second demanded? Mr. HOLMAN. Yes, sir. Mr. WARNER, of Ohio. I would like to have some explanation of Mr. CANNON. I desire, Mr. Speaker, penruss1on to present the the bill. views of myself and my colleague from Kansas, with the request that Mr. COLLINS. I hope a second will be considered as ordered by they may be printed to accompany the report of the committee. consent. Mr. HOLMAN. I tmst my friend will allow me a moment. I have There was no objection, and a second was ordered. treated that simply as a portion of the report of the committee, and The SPEAKER. Under the rules thirty minutes are allowed for report all together. debate, filteen minutes for and fifteen against the bill. The Chair will Mr. CANNON. Very well. That is satisfactory. recognize the gentleman from :Massachusetts [Mr. COLLINS] in support The SPEAKER. The views of the minority of the committee will, of the motion, and the gentleman from Ohio (l\ir. WARNER] in oppo therefore, be printed with the report of the committee. sition. Mr. WARNER, of Ohio. I do not desire to debate the bill, but ORDER OF BUSINESS. simply asked time so that n.n explanation might be given. The SPEAKER. The Chair will proceed to call the committees, un l\:1r. COLLINS. I do not think, 11:1r. Speaker, that after a brief e - der the order of the House made on yesterday, for motions to suspend planation of the terms of this bill there will be any opposition what the rules. ever to its passage. Its sole purpose is to close up the business and ALABAMA CL.AlliiS COMMISSION. make as speedy payment as possible of the funds committed to the Court of Commissioners of .Alabama Claims; and its passage is necessn.ry The Committee on the Judiciary was called. for the purpose of that speedy payment, as well as for the settlement 1\Ir. COLLINS. Mr. Spe.,'lker, I move to suspend the rules and put of some disputes which have arisen between the owners of this fund and upon its passage the bill (H. R. 6661) to provide for closing np the busi the accounting officers of the Treasury. ness and paying the expenses of the Court of Commissioners of Alabama. The fund stood in the United States Treasury on the 30th of June, Claims, and for other purposes. 1877, at $10,089,004.96; that is the fund available for the distribution. The SPEAKER. The bill will be read. From that date until the passage of the act of 1882 there was a very The bill is as follows: sharp contest among the different classes of claimants in and out of Be it enacted, fi:c., That the proper accounting and disbursing officers of the Congress for the distribution of that fund. Treasury be, and they are hereby, authorized and directed to audit and pay the The act of 1882 finally settled the policy of Congress on that point compensation not already paid of assistant counsel on behalf of the United States, subordinate clerks, accountants, computants, expert examiners and as and formed a new court or commission for the distribution of the fund sistant examiners, janitors, messengers, watchmen, and scrub-women employed to two classes of claimants. That court, on the 31st of last December, by the Court of Commissioners of Alabama Claims P.rior to the 1st day of Jan finished its judicial work. The first-class claimants will be paid in uary, 1886, at the rate of compensation fixed by said court\ and in accordance with vouchers approved by said cow·t and certified by tne presiding judge full. The second-.class claimants will receive about 54 per cent. of the thereof, and also to audit and pay all other necessary expenses of said court up claims approved. to the day last mentioned, approved and certified in the manner aforesaid, to It s~emed to the committee, after looking Qver some six bills presented be paid out of any moneys in'the Treasury not otherwise appropriat.ed, and to be reimbursed out of the unappropriated moneys of the Geneva award fund. for their consideration, to be necessary and only necessary to accomplish SEc. 2. That the said accounting officers are hereby also directed to allow to three things by this bill, which was reported in lieu of all the others. Andrew H . .Allen, in the settlement of his accounts with the Treasury Depart First, to give sufficient time for the clerical work to be finished, which, ment under his appointment as disbursing agent, made by the Secretary of State on July 20, 1882, all snms of money which he may have paid, covered by we were satisfied, could not be done under the provisions of the act of vouchers approved and certified as described in the preceding section, and also 1884which limited it to the 30th dayofMayofthepresentyear. There compensation for his services as such disbursing agent, at the rate fixed by the fore this bill provides that an additional period, not exceeding two Secretary of Stat-e in his letter of May 2, 1883, up to the 1st day of January, 1886, so far as he has not already been paid. months, shall be given for finishing the clerical work of the court and SEC. 3. That the powers of,the clerk of said court are hereby extended for an transmitting its property and papers in good order to the State Depart additional period, not to exceed six months from and after the termination of ment. said court, on the 31st day of December,1885,for the purpose of closing up the business of his office, and for depositing the records, documents, and all other In the second place, under the provisions of the acts of 1882 and papers of the court or its officers in the office of the Secretary of State, as pro 1884 subordinate officers found necessary to be employed by the vided in the act re-establishing said court, and the act therein referred to; and court were not provided for. The court assumed the responsibility of said clerk is hereby authorized to employ such assistance as he may deem nec essary for the purpose of enabling him to carry into effect the provisions of this employing a sufficient force to do the business, and the amount for act, not to extend in number those heretofore employed, said assistants to be their payment until last September was favorably passed upon by all paid monthly, at the same rate of compensation heretofore paid them., from and the accounting officers by the Secretary of State and by the Depart after said 31st day of December,l885, on vouchers certified by said clerk, under the direction of the Secretary of State, from said Geneva award ~fund; and all ment of Justice. From the time that their accounts were suspended disbursements shall be made by said clerk, under the direction of the Secretary down to the time that the court ceased its judicial work they were of State. The Secretary of State is hereby authorized and directed to make sale paid by counsel representing the vast majority of the creditors of the of all furniture and other property in and about the building used and occupied by the said court, and which were procured for the use of the court and t·he fund, who decided in behalf of all the creditors that these subordinate officers and employes thereof, at such time and place and in such manner as he officers were necessary, that their compensation was reasonable, and shall deem most advantageous to the Government, and to cover the proceeds that the court could not finish its business without employing them. of such sale into the Treasury. SEc. 4. That it is hereby made the duty of the Secretary of State, with the as We provide in the third place for immediately ascertaining what that sistance of the clerk of the said court, to imm.ediately after the passage of this fund shall be; we provide the Secretary of State shall appraise the value act make an estimate of the cost and expenses for the salary and pay of the of the property on hand and add it to the fund, subtra.cting 515 000 to cle1·k and employes under him and all other necessary incidental expenses., for 1 and during the time from sa1d1 31st day of December, 1885, not to exceed six pay for closing up the court for a period not exceeding six months, and months as o.foresaid, as shall be judged necessary, as aforesaid, for completing that the balance shall be immediately available for distribution among the journals, records, and other entries and business of said court required to be those who shall have proved their claims. The creditors of the fund completed, and for putting in order, arranging, and delivering to the Secretary of State all said records, journals, documents, papers, and other property lately are unanimous in desiring to have these payments made. They make appertaining to said court and which are hereinabove named: Provided, how them out of their own pockets. It co.sU:! the United States nothing. e-ver, That the said expenses provided for in this section to be estimated as afore And the Committee on the. Judiciary were unanimous in deciding that sai
The question having been taken, two-thirds voted in the affirmative; gives receivers of banks the same power in reference to the purchase of and the bill wn.s passed. any equities that may exist upon real estate or upon personal property that the directors of the bank have; only it must be exercised with the RECEIVERS OF NATIO~AL ll.ANKS. approval of the Comptroller of the Currency and the Secretary of the The Committee on Banking and tJurrency was called. Treasury. Mr. MILLER. I move to suspend the rules and pass the bill (S. Mr. MILLER. Yes. 1136) additional to an aet entitled "An act to provide a national cur Mr. DINGLEY. It is simply to protect the trust? rency secured by a pledge of United States bonds, and to provide for Mr. MILLER. Yes. the circulation and redemption thereof," passed June 3, 1864. The SPEAKER. If there be no further debate, the question jg on The bill was read, as follows: the motion of the gentleman from Texas [Mr. MILLER] to suspend the Be it enacted, ~e., That whenever the receiver of any national bank duly ap mJes and pass the bill. pointed by the Comptroller of the Currency, and who shall have duly qualified Mr. COBB. I ask for a division. and entered upon the discharge of his trust, shall find it in his opinion neces sary, in order to fully protect and benefit his said trust, to the extent of any and The House divided; and there were-ayes 111, noes D. all equities that such trust may have in any property, real or personal, by I'ea So the motion was agreed to, and the bill was passed. son of any bond, mortgage, assignment, or other proper legal claim attaching thereto, and which said property is to be sold under any execut-ion, decree of CONSIDERATION OF SILVER COINAGE BILL. foreclosure, or proper order of any court of jurisdiction, he may certify the facts in the case, together with his opinion as to the value of the property to be so sold, Mr. BLA....~D. Mr. Speaker, on behalf of the Committee on Coinage, and the value of the equity his said trust may have in the same, to the Comp Weights, and Measures, I move to suspend the rules and pass the reso troller of the Currency, tog-ether with a request for the right and authority to lution which I send to the desk to be read. use and employ so much of the money of said trust as may be necessary to pur chase such property at such sale. The resolution was read, as follows: Sxc, 2. That such request, if approved by the Comptroller of the Currency, Resolved, That House bill No. 5690, for the free coinage of silver, be made the special order for Saturdays, March 20 and 1\Iarch instant, nlso Saturday the 3d shall be1 together with the certificate of facts in the case, and his recommenda Z7 tion as to the amount of money which, in his judgment, should be so used and of April next, and that the same be again tnken up on Tuesday, April 6, after the employed, submitted to the Secretary of_the Treaaury, and if the same shall morning hour, for the consideration of bills reported by committees, and so to likewise be approved by him, the request shall be by the Comptroller of the continue from day to day until disposed of: Pr011ided, That. unless sooner or Ctlrrency allowed, and notice thereof, with copies of the request, certificate of dered by the House, the previous question shall be pending thereon at 3 o'clock facts, and indorsement of approvals, shall be filed with the Treasurer of the Uni Thursday, AprilS. Tbis order not to interfere with revenue or general appro ted States. priation bills, except on said Thursday, AprilS next·, for the final disposition of SEc. 3. That whenever any such request shall be allowed ns hereinbefore pro this order. vided, the said Comptroller of the Currency shall be, and is, empowered to draw upon and from such funds of any such trust as may be deposited with the 1\Ir. HISCOCK. Mr. Speaker, I demand a second. Treasurer of the United States for the benefit of the bank in interest, to the The SPEAKER. A second is demanded. The Chair will appoint n.mount as may be recommended and allowed and for the purpose for which as tellers the gentleman from New York [Mr. HrscocK] and the gen such allowance was made: Provided, lwwever, That all payments to be made for or on account of the purchase of any such property and under any such allow tleman from Missouri [Mr. BLAND]. ance shall be made by the Comptroller of the Currency direct, with the appro Mr. ADAMS, of Illinois. Mr. Speaker, is it in order for me at this val of the Secretary of the Treasury, for such purpose only and in such manner time to request the gentleman from Missouri [Mr. BLAND] to consent as he may determine and order. to a modifi.cation.of his resolution by striking out the last part of it, so Mr. DINGLEY. I ask unanimous cons..entthatasecondmaybecon that the time when the previous question shall be ordered may be left sidered as ordered. undetermined until we have had two or three days' discussion, and The SPEAKER. Is a second demanded? Unless a second is de- know that all gentlemen who desire ba,ve had an opportunity to ex manded and ordered by the House no debate is in order. press their views on the subject? Mr. PETERS. I demand a second. Mr. BLAND. I think, Mr. Speaker, the time had better be fixed. There being no objection, the second was considered as ordered. 'I'he question was taken; and the tellers reported-ayes 97, noes 28. The SPEAKER. Thirty minutes are allowed for debate, fifteen miu So a second was ordered. u tes on each side. The SPEAKER. Under the rules of t.he House thirty minutes are Mr. MILLER. The act Qf Congress organizing national hanks pro allowed for debate. The Chair will recognize the gentleman from vides that where a bank has bona fide debts it may take liens on real Missouri [Mr. BLAND] to control the timeinsupport:ofthereso1ution, estate or personal property to secure those debt.'l. The bank itself and the gentleman from New York [Mr. HrscocK] to control the time while in existence has power to buy in this property at judicial sale or in oppoSition to it. private sale, or any other, but the receiver of a national bank has no Mr. BLAND. ::Ur. Speaker, the House will notice that the order pro such power. He represents the creditors, and there is no law of Con posed to be made is simply to use Saturday, a da,y which, so far, under gress authorizing the receiver after he has foreclosed the lien to buy in a special order of the House, has been generally devoted to the discus property so as to prevent loss to the creditors of the bank; because the sion of this subject. It is proposed now to use for the consideration of receiver represents the creditors of the bank, and not the bank itself. this bill three successive SatUrdays-next Saturday, Saturday,week, and There can not be a receiver of a national bank until it has gone into Saturday two '}'eeks; then that the bill shall be taken up again on liquidation. This bill authorizes a receiver when he has a judgment Tuesday, April6, after the hour for the consideration of bills reported against real estate or personal property, and when a decree of foreclosure from committees; that the discussion shall continu.e on Wednesday and has been made, so that there is a judicial sale of the property, to apply Thursday, April 7 and 8, and that the previous question shall be con to the Secretary of the Treasury, stating the amount of the lien on the sidered as ordered at 3 o'clock on Thursday. This gives three Satur property and the value of the property, and to get authority from the days for the consideration of the bill and a part of three other days Secretary of the Treasury" to bid so much upon the property at the judi after the consideration of bills in the morning hour. This arrangement cial sale so as to prevent it from being sacrificed. ought not to interfere, I think, with general appropriation or revenue Mr. MILLS. In whose name is he to buy it? bills except on the last day. I do not see how there can be any objec Mr. ?t!ILLER. It is to be bought in the na,me of tlre receiver of the tion to discussing this question on some proposition pending before the ba,nk. House, instead of in the irregular and desultory manner in which it Mr. MILLS. .And he has to sell it again for distribution? has been discussed so far this session. Mr. MILLER. Just as he di~oses of all other property belonging Mr. HISCOCK. Mr. Speaker, it is not my intention to discuss the to the bank. merits of the bill which it is proposed to consider. That bill has been Mr. BEACH. The bill is in the interest of the creditors? reported to the House adversely, and this resolution asks this House to Mr. MILLER. Yes, sir. consider that adverse report. I can see no good that can come of the Mr. MILLS. Then it takes two sales under this bill to make a tUs discussion. I recognize the fact that at least a majority of this House tribution of the proceeds among the creditors. is opposed to the suspension of silver coinage; I do not believe that a. Mr. MILLER.· Yes. The trouble has been heretofore that the prop majority of this House is in favor of unlimited silver coinage; and I erty has been sacrificed and the creditor can not get any benefit unless perhaps may as well say that one of th.e purposes I had in view in de he is given a right to make a ~id. This will permit him to bid, and manding a second on this proposition_was to get, if I could, a test vote that will protect his lien. He may not buy the property at all, because on that question. If gentlemen believe that silver coinage should bo l1e is limited in the amount of his bid. Further, in order to prevent suspended, for them there is no profit in this discussion, for they must collusion between the receiver and anybody else, the law provides that recognize the fact that in view of the well-understood sentiment of the the Comptroller of the Currency shall draw the money and pay it out House the present silver-coinage law will not be repealed by this House. in case there is a purchase under this bill, so that the interests of the If gentlemen are in favor of haying the law remain as it is, then there public are perfectly protected. This legislation is in the interest of the is no profit in this discussion. It is only in the direction of free and creditor, and I think there can be no objection to the passage of the unlimited coinage that there can be any reason for this discussion what bill. ever. ) :Mr. HOLMAN. Mr. Speaker, this bill was not very distinctly heard I now yield two minutes to the gentleman from PennsylviDlia [Mr. when it was read, nor has the explanation made by the gentleman from BAYNE]. Texas been distinctly heard throughout the House, and therefore I ask Mr. BAYNE. Mr. Speaker, I voted for the second on this resolu that the bill be again reported. tion for reasons directly opposed to those stated by my friend from · The 'Dill was again read for information. New York [Mr. HiscocK]. I think that this ~ubject should be dis Mr. DINGLEY. Mr. Speaker, as I understand this bill, it simply cussed by Con~ess; that the views of different members should be
/ 1886. CONG.&.~ESSIONAL RECORD- HOUSE. 2417 ' given to the country; that we should be made to understand the ques the views that he does-recognizing as he must (and I may say that I tion thoroughly ourselves, and so far as our discussions may tend to sympathize with him) the fact that this agitation, if it results in any enlighten those who have not the same opportunities that we have, thing, is to result in the unlimited coinage of silver, I can see no rea they should lJe spread all over the country. son why the agitation should be kept alive, the business interests of I am in favor of the suspension of the coinage of silver. I am ab the country being disturbed by it, while we resolve ourselves into a. solutely and utterly opposed to the free coinage of silver. I believe debating society upon the adverse report made by a committee of this that a discussion of this subject will enable members to present such House. facts, such statements, such arguments drawn from experience and from What time have I left? the logic of past events as must convince the mind of any man who The SPEAKER. The gentleman bas three minutes of his time re- will scrutinize this subject closely that the free coinage of silver would maining. be the greatest calamity that could befall the country, and that even Mr. HISCOCK. I will reserve that time. the continued coinage of the present debased or clipped currency under Mr. BLAND. How much time have I remaining? existing law is an injury to the country which Congress must soon re The SPEAKER. Fourteen minutes. pair, or it must bear the brunt of having inflicted that injury on the l\Ir. BLAND. I will yield two minutes of that time to the gentle country by non-action. man from Kansas. I am therefore in favor of the six days' discussion proposed by this reso l\Ir. PETERS. I am one of those in favor ofturningthe light upon lution; and Iwasdesirousofproposingto myfricnd [Mr. BLAND] that this question. I do not believe the advocates of silver are afraid of dis those six days of discussion should not be interrupted by the interven cussion. The whole scope of the resolution which has been offered by tion of any general appropriation bill or revenue bill or any other the gentleman from l\Iissouri is to give tothediscussionofthis measure measure that would prevent the House from devoting the entire six the right of way before this House, so that those who are in favor of it days to the discussion of this bill. can present their arguments in favor of it and those opposed to it can [Here the hammer fell.] present their arguments against the proposition involved in what is Mr. HISCOCK. I yield five minutes to the gentleman from Illinois called the silver questicm. We have made some advance thus far in this (Mr. CANNON). matter. At the beginning of this session the feeling of this Honse on Mr. CANNON. Mr. Speaker, I shall vote against the motion of the this question was ' - ~~e conjecture. Now it is conceded by those who gentleman from Missouri, for the reason that I believe at this time no favor the suspensi' .11~of silver coinage that no such proposition can pass legislation on this subject is good legislation. I have no sympathy through this House. I feel that still further discussion on the question with a considerable class of people in this country who want gold ex may even bring them to admit the fact that not only will there be no clusively for currency bec.ause it is the dearer, nor have I sympathy with suspension of silver coinage, but that coinage will be made free so far as the class at the other extreme who want silver to the exclusion of gold the sentiment of this House is concerned. because it is the cheaper. I believe there is a wise course between the The gentleman from New York [Mr. HiscocK] and the gentleman two that four out of five persons in all sections of this country want to from illinois [Mr. CANNON] say that no good can comeoutoftbisdis see pursued. cussion; that we can accomplish nothing. I say, Mr. Speaker, the The two hundred million of silver dollars, 20 per cent. less in value molding of the sentiment of this House is the molding of the senti intrinsically than an equal number of gold dollars, do circulate side by ment of the people, and the sentiment as it has thus far been indicated side at par with gold, the Government making the profit, the seignior is in sympathy with the feelings of the majority of the people of the age being about 20 cents on the dollar, or $5,000,000 a year on the United States. amount we are now ooining. I believe that·for some years to come we The SPEAKER. The gentleman's time has expired. can continue the coinage of silver, the Government getting the seignior Mr. BLAND. I will now yield for three minutes to the gentleman age or profit, and that this silver will circulate side by side with gold. from Pennsylvania. In the mean time, as these years are passing by, opportunity is given 1\Ir. BROWN, of Pennsylvania. :Mr. Sp2aker, I shall vote for the to our Government to :tnake an international agreement with other Gov consideration of the bill mainly for the reasons offered by my colle3oaue ernments as to what the ratio shall be as between the two metals. And from Pennsylvania [Mr. BAYNE]. Like him, I am in favor of a free I belie>e that we shall be able tO do it, so that this matter shall be set and open discussion of this question. I am confident, however, that, at rest forever. instead of gain being made in the direction he suggests, it is likely to I am not willing to favor free coinage of silver at this time, instead be entirely in the other direction. I believe, sir, we are moving to of following the conservative path that we are now upon, the Govern ward free coinage in this country. I do not pledge myself to vote for ment taking the seigniorage or profit on this coinage. Free coinage this bill. I concede frankly that for absolute and unlimih:id free coin means a. profit of 20 cents on each dollar coined; $20,000,000 on each age I am not prepared to take that step at this time. But I want to $100,000,000 coined shall go into the pockets of the bullion-holder or go in that direction; I want to go further than we have yet gone, and the speculator instead of going into the Treasury of the United States, because I believe discussion will move us in that direction, in ihe di and I fear and believe it would mean a single silver standard in a very rection the people are going, in the direction the people want their short time. I say again I want the unit to rest upon both metals, and representatives to go, is the reason why I am anxious this discussion . rest there permanently. should go on, I am not afraid of it. I believe bimetallism and un I can see no good that this discussion will beget. Gentlemen who limited coinage of both metals in this country are gaining ground daily. are vain enough to think they have a monopoly of information on this It is the right side for the people. The prosperity of this Republic de question are mistaken. I believe the country fully understands the pends upon the use of silver the same as gold for money. question, and that it is the part of wisdom for us to devote ourselves The demonetization of silver, to my mind, would be the death-knell to legitimate business upon which we can legislate. We can not legis .to the present prosperity we enjoy over other nations. I differ with late on this question. There is revenue legislation coming up for con my friend from illinois [1\Ir. CANNON], because I do not believe we can sideration. The apppropriation bills are to pass. A bill touching inter discuss the question too much. The people are iutensely interested in state commerce and for the control of railways is pressing for considera this question. No subject can be discussed which will interE-st them tion. I might mention various other matters. In the mean time spring as this does. ,All the light:we can get from the vantage-ground we hold is advancing and the hot weather is soon to be on us. I want to be as their representatives they have a right to demand at our hands. It practical; and because I want to be practical, because I want to consider is not proposed to consume very much time in discussing it. Because these important matters that we ought to consider and can consider, I I have every confidence in the justice of the cause of ultimate free coin am not willing to set aside several days in the most valuable part of age of silver I believe I am for the fullest investigation. By all means this session·to the consideration of a bill that is reported adversely from let the discussion proceed. the committee and has no possible chance of being enacted into law. The SPEAKER. The gentleman's time has expired. [Here the hammer fell.] Mr. BLAND. I will yield now for two minutes to the gentleman . Mr. HISCOCK. I yield three minutes to the gentleman from New from rowa. York (Mr. JAMES]. Mr. WEAVER, of Iowa. Mr. Speaker, I think all attempts to dis Mr. JAMES. Mr. Speaker, theCommitteeon Coinage, Weights, and cuss free coinage or unrestricted coinage are vain under the rules de Measures instructed their chairman to offer the resolution which he termining the length of debate at the present time. The single ques has submitted; but as my colleague (Mr. HISCOCK] seems to desire to tion for our considemtion is the propriety of setting a time for the con make this a test vote as to the question of free coinage, I wish to say sideration of this bill. The gentleman from New York (Mr. HISCOCK] in behalf of the majority of the committee who made this report that, twice, in the limited time allotted to him upon his side of the House, said considering this a test vote, we shall be obliged to vote against the res the only thing which could come from the discussion would be unlimited olution. I realize the importance of the consideration and discussion coinage. Is it right to have this matter discussed? It is the one great of this question, for I know that the bu.siness interests of the country question of the world, and it is a question that ought to have and must are suffering very much from the delay; bu~ we shall get the time in have ample time for consideration. That is all the friends of this res due course in the regular way on the call of the committee. With the o] u tion ask. It is a subject occupying to-day the attention of the Amer understanding that this is a test vote I shall vote against the resolution. ican people to a greater degree perhaps than any other question now Mr. HISCOCK. I desire to say in response to the gentleman from before this country. Pennsylvania [Mr. BAYNE] that entertaining on this general question It isduetothem, Mr. Speaker, it is due to the majority of this House, XVII-152 2418 CONGRESSIONAL RECORD- ·HOUSE. MAROH 16,
that there shall be ample opportunity to discuss a. q nestion of such vital country that this House is not in favor of suspension, but on the con importance and magnitude. I repeat that .is all we ask, and when tha.t trary is looking for a further coinage of silver, even though it may be is done we will ta.ke the chances on the vote in this House. free coinage. What time have I left? I will yield now one minute, if I have that time remaining, to the The SPEAKER. The gentleman has two minutes remaining. gentleman from Ohio, Mr. WARNE:&. Mr. BLAND. I reserve that time. Mr. WARNER, of Ohio. Mr. Speaker, this is not a. question of free Mr. HISCOCK. I recognize the fact that the gentleman from Mis· coinage or of no coinage-- souri will present this question to the House at all seasons, at least The SPEAKER. The gentleman from Iowa has exhausted the two when it is proper, and I want the gentleman to fully appreciate that L, minutes yielded to him. at least, am always willing to go on record and allow my vote to express Mr. WEAYER, of Iowa. I did not understand that I had occupied my views. The reason why I oppose this resolution I will repeat. the entire time. There can but one affirmative outcome result from this discussion, and Mr. ;BLAND. I yield one minute to the gentleman from Ohio. that is the free and unlimited coinage of silver. This bill is in here on Mr. WARNER, of Ohio. That is long enough to say that the prop an adverse report. osition presented here is not as between free coinage and no coinage, Mr. BROWN, of Pennsylvania.. Can not the bill be amended if nor is it a question of the suspension of coinage or continuing the coin brought before the Honse for action? age of silver; but it iswhetherthisHouse willgivethis time to the con Mr. HISCOCK. The gentleman asks me if the bill can not be sideration of the most important question now before the world. amended. Does he believe it will be amended so as to restrict or limit 1\Ir. WEAYER, of Iowa. That is it. coinage? Certainlynot. Theonlyresnltofit, ifanyaffumativeresulf, 1\fr. W .A.RNER, of Ohio. That is the whole question. When that comes from it, will be the free, unlimited coinage of silver. subject is before the House, when the discussion of the bill has com Mr. BROWN, of Pennsylvania. Yon give up the fight entirely. menced, when the bill is presented here for consideration, it may be Mr. HISCOCK. I have made my opposition to that here, as I intend amended, it may be modified, any other proposition may be substituted to do on all proper occasions. in its place; and the only question now with which we have to deal is Mr. BLAND. I yield what remains of my time to the gentleman whether the House will give this time to consider this great subject or from Illinois [Mr. SPRINGER]. not. Mr. SPRINGER. Noqnestionhasagitated thecountryduringthelast Mr. BLAND. Mr. Speaker, I reserve -the remainder of my time. year more than the silver question. The resolution now before the House How much time is remaining? simply asks that a day be fixed by the order of the House for a discus The SPEAKER. The gentleman has six minutes. sion of that question. The people expect us to discuss it; they are ltir. HISCOCK. Then we will vote on the resolution. discussing it; all the world is discussing this question, and I desire Mr. BLAND. I would like, Mr. Speaker, to make a. parliamentary that this House shall fix a. day for its discussio~ to be followed by a. inquiry: Whether or not, occupying the affirmative of this proposition, day of voting, as distinguished by the discussion on Saturday, when I have the close of the discussion? there is no vote contemplated. The SPEAKER. There is no rule of the House on that question The people have asked a. decision upon this question. Congress is ex where a motion to suspend the rules, as in this case, is pending. pected to decide it, and we must decide it one way or the other. That Mr. BLAND. Then I will proceed. decision can only be brought about by the resolution of the gentleman As has lleen stated by the gentleman from Ohio [Mr. W AR.J.~ER], this from Missouri [Mr. BLAND]. It does not involve the question of sus is not a. question of free coinage or the suspension of coinage. It is pension of coinage or of unlimited coinage, but it involves the question whether or not the House proposes to stultify itself before the great of allowing the people's representatives to be heard upon this subject, .American people on this question. This House, by an order setting and also to vote upon it before we adjourn. Therefore I am in favor apart every Saturday, for the past month has been discussing this mea-s of the resolution and hope it will be adopted. ure, and this only. Will thegentlemanfromPennsylvania. [~fr. BAYNE] The SPEAKER. The question is on the motion of the gentleman or the gentl~man from New York [Mr. HISCOCK] say that we are to dis from ~1issonri [Mr. BLAND] to suspend the rnl~ and adopt the reso cuss this question here during this Congress and yet not have the man lution which he has submitted. hood or the courage to go on record before our constituents upon the Several members called for the yeas and nays. su~iect? It will not be done. The gentleman-- · The yeas and nays were ordered. Mr. BAYNE. I voted for the resolution. Mr. COMPTON. I call for the reading of the resolution. Mr. BLAND. I unde~"Stood that you-or possibly it was the gentle- The resolution was again read. man from Illinois who occupied that position. ENROLLED BILLS SIGNED. Mr. CANNON. Oh, I am ready to vote at any time. Mr. NEECE, from the Committee on Enrolled Bills, reported that the 1\Ir. BLAND. I hope I will not misrepTesent any gentleman. committee had examined and found duly enrolled bills of the following Now, as:I said)efore, gentlemen can not escape going upon the record titles; when the Speaker signed the same: npon this question, nor can you escape the consideration of the ques A bill (S. 178) for the relief of Ida S. Richardson, Caroline A. Urqu tion during this Congress. This resolution is simply to curtail the time hart, and Cora A. Slocomb, as the heirs at law of Cora A. Slocomb, de by fixing a period when this measure may be properly debated and ceased, and Ida. A. Richardson and Coraline Augusta Urquhart; and amended and a vote be taken upon it. It would come up in its regu A bill (S. 163) releasing the estate of the late Frank Sou1e, late col lar o1·der anyhow in the course of two or three weeks. Do you gentle lector of internal revenue for the first district of the State of California, men want to see this question antagonize your appropriation bills, your and his sureties on his official bond. commerce bills, your unfinished bills, or the Calendars of the House? Do you wish the House to be here all summer discussing whether this CONSIDERATION OF COINAGE QUESTION. or some other bill shall be considered? For I want you to remember The question was taken; and there were-yeas 179, nays 87, not that you will have it so unless yon will consent to fix a time when this voting 57; as follows: measure may be properly considered and considered in the Honse. So YEA..S-179. far as I am concerned, and I believe a majority of the House are of the .Anderson, J. A. Curtin, Hemphill, McCreary, Arnot, Daniel, Henderson, J. S. Mcl\1illin, same opinion, we are in favor of going on record on this measure. The Barbour, Dargan, Henderson T. J. McRae, very fact, 1\Ir. Speaker, that it has been discussed in order and out of Barksdale, Do.vidson,A.C. Henley, Miller, order, that it is being discussed now in this House and before the Amer Barnes, Davidson, R. H . .M. H erbert, Mills, Bayne, Dockery, Herman, 1\fitcbell, ican people above all other questions, is a. clear intimation of the fact Bland. Dorsey, Hill, Moffatt,, .that the Honse will simply stultify itself by refusing; and every mem Blount, Dougherty, Hires, 1\forrill, ber here who goes to his constituents must apologize for not having the Boyle, Dunn, Hilt, Morrison, Brady , Eden, Holm an, 1\forrow, manhood and the courage to meet this question and consider it. I do Brecl..·iru:idge, C. R. Eldredge, Houk, Neal, not want to go to my constituents in any such way, and I do not pro Breckinridge,WCP.Ellsberry, Howard, Neece, pose to. We must discuss it. BrO"-'D., W. ,V. Felton, Hudd, Negley, llurnes, Findlay, Hutton, O'Donnell, Gentlemen talk of the policy of foreign governments. We are ana Burrows, Ford, Irion, O'Harm, tion of sixty millions of people and are supposed to be independent. Bynum, Forney , John ton,J.T. Outhwaite, We are supposed tohavemanhoodandcourageenough to adoptapolicy Cabell, Frederick, Johnston. T. D. Owen, Caldwell, Fuller, Jones, J. H. Payson, of our own without waiting for the step-motherly care of the Queen of Campbell, J. E. Funston, Jones, J. T. Peel, Great Britain or the fatherly care of Bismarck. Candler, Gay, Kleiner , Perkins, I am somewhat astonished at my friend on the Committee on Coinage Carlet-on, Geddes, L n. Follette, P erry, Clardy , Gibson, C. IT. Laird, Peters, from New York [Mr. J .AMES]. He is in here with the majority report, Clements, Gibson, Eustace T.-anham, Pettibone, but now is retreating from his own report. I had supposed, in the or Cobb, Glass, Lawler, Pidcock, ganization of this Honse, that this was the most important question Cole, Goff, L e Fevre, Price, Compton, Green, R. S. Lore, Randall, that would be considered befol'e Congress, a question paramount to nJl Comstock, Green, W. :f. Lovering, Rea.,aan, other questions; and we come in here with a bill, and my friend has Cowles, Hale, l\1m·kbam, Reid,J.W. the majority of the committee, yet he seems afraid to trust the Honse Oox, Hammond, M artin, Richardson. Crain, Harris, Matson, Riggs, upon that majority report. Crisp, H atch, Maybury, Rogers, We of the minority desire to overturn that majority and show to the Culberson, Heard, McAdoo, Romeis, 1886. CONGRESSIONAL RECORD- HOUSE. 2419
Rowell, StQ.hlnecker, Taylor, Zach. Weaver,J.B. sales of certain lands of the Umatilla Indian reservation to WilliamS. Ryan, Stephenson, Thomas, J. R. Wellborn, Sad let:, Stewart, Charles Thomas, 0. B. Wheeler, Byers and others and to issue patent therefor. Sayers, St. Martin,_ Thompson, White, A. C. Scott, Stone, W. J., Ky. Tillman, White, Milo INTERSTATE-COMMERCE BILL. Seney, Stone, W. J., 1\Io. Townshend, Wilkins, Mr. REAGAN. Mr. Speaker, under instruction of the Committee Sessions, Storm, Trigg, Willis, Seymour, S!iruble, Van Eaton, Wilson, on Commerce, I offer the resolution which I send to the desk. Shaw, Swope, Ward,J.H. Winans, The resolution was read, as follows: Singleton, Symes, Ward,T.B. Wise, Skinner, Tarsney, Warner,A.J. Wolford, .Resolved, That the rules of the House be suspended, and that Tuesdav the Sowden, Taulbee, Warner, William Worthington. 13th day of April be fixed for the consideration of House bill 902, to regulate in M. terstate commerce and to prevent unjust discrimination by common carriers Springer, Taylor, J. Wea.ver,A.J. and ~tits consideration be continued from day to day until finally disposed or.' NAYB-87. not to mterfere with revenue or appropriation bills and that said bill be con~ Adams, G. E. Cutcheon, Kelley, Reed,T.B. sidered in the House as in Committee of the Whole. ' Adams,J.J. Davenport, Ketcham, Rice, Allen, C. H. Davis, Lehlbach, Rockwell, The SPEAKER. Is a second demanded? Baker, Dingley, Lindsley, Sawyer, Mr. BINGHAM. _ I demand a second, Mr. Speaker. Beach, Dowdney, Little, Smalls, The SPEAKER. A second is demanded, and the Chair will appoint Belmont, .Dunham, Long, Spooner, Bingham, Ely, Lyman, Steele, the gentleman from Pennsylvania [Mr. BINGHAM] and the gentleman Bliss, Evans, Mahoney, Stewa.rt,J. W. from Texas [Mr. REAGAN] to act as tellers. Bound, Everhart, McComas, Stone, E. F. Mr. REAGAN. Mr. Speaker, I ask unanimous consent that a second Boutelle, Farquhar, McKinley, Stmit, Bragg, Gn.lllilger, 1\ferriman, Swinburne, be considered as ordered. Brown, C. E. Grout, Millard, Taylor, E. B. The SPEAKER. If there be no objection it will be so ordered. The Buchanan, Guenther, :Muller, Taylor, I. H. Chair hears none. Thirty minutes will be allowed for debate fifteen Buck, Harmer, Nelson, Tucker, Bunnell, Hayden, O'Neill, Charles Turner, min~tes.in suppor:t of the resolution and:f:i..fieen minutes against il The Butterworth, Haynes, Osborne, Viele, ChaJ.r will reco~~the gen¥~manfrom Pennsylvania [:Ur. BINGHAM] Campbe11, Felix Henderson, D. B. Parker, Wait, to control the time m oppos1tion to the resolution, and the gentleman Campbell, J. M. Hewitt, Payne, Wakefield, Cannon, Hiscock, Phelps, Weber, from Texas [Mr. REAGAN] to control the time in support of it. Caswell, Holmes, Pindar, West, Mr. BINGHAM. Mr. Speaker, if any gentleman on this side of the Collins James, Pirce, Whiting. House desires time to speak on this question I am willing to vield it, Conge~, Johnson, F. A. Ranney, but in the mean time let the gentleman from Texas [Mr. REAGAN] pro NOT VOTING--57. ceed. Aiken, Dawson, Jackson, Plumb, 1\fr. REAGAN. Mr. Speaker, the oQject of the committee in ofter Allen, J. M. Dibble, King, Pulitzer, .Anderson, C. M. Ermentrout, Laffoon, Reese, i~g thi_s reso~ution is to secure the setting of a day for the considera Atkinson, Fisher, Landes, Robertson, ti~n ot the ~ill now before the ~ouse, an~ it may be proper to say that Ballentine, Fleeger, Libber., Scranton, this resolution speaks the unammous voice of the Committee on Com Barry, Foran, Loutttt, Snyder, Bennett, • Gilfillan, Lowry, Spriggs, merce. The bill in its main features has been so often discussed here Blanchard, Glover, McKenna, Throckmorton, that its character and object are pretty well understood. The bill as Browne, T. M. Grosvenor, Milliken, VanSchaick, now presented has been amended in several particulars, and some im Brumm Hall, Morgan, Wade, Burleign,1 Halsell, Murphy, Wadsworth, portant am~ndments have been adopted. It relates to a subject which, Oa.mpbell, T. J. Hanback, Norwood, Woodburn. perhaps, as much as any other has commanded the attention and ex Catchings, Hepburn, Oates, cited the interest, the hopes, and the wishes of the people of this country. Cooper, Hiestand, O'Fermll, Croxton, Hopkins, O'Neill, J. J. All I deem it necessary to say now is that, the subject being of so So the rules were suspended (two-thirds voting in favor thereof) and great general interest, the committee felt justified in asJ..;ng the House the resolution was adopted. ' to set a time for its consideration. It has been suggested to ·me by Mr. SOWDEN. Mr. Speaker, I move that the reading of the names gentlemen on the floor that it wou1d have been well to fix a limit to of members voting be dispensed with. the discussion of the question; but gentlemen, I think, may trust that Mr. SPRINGER. I object. the friends of the measure, if the House should determine to set this bill for co~ideration, will place a proper limit on the discussion, and not Mr. O'FERRALL. Mr. Speaker, I am paired with the ~entleman from Wisconsin, Mr. VAN ScH.AICK. I should have voted 'ay '' and allow It to run to any unreasonable extent so as to interfere with the he would have voted "no." consideration of other matters properly claiming the attention of the Mr. BLOUNT. Mr. Speaker, I change my vote from "no" to" ay." House. Mr. DOUGHERTY. I change my vote from "no" to "ay." I reserve the remainder of my time. Mr. HALL. Mr. Speaker, I have been absent on committee work Mr. O'NEILL, of Pennsylvania. Mr. Speaker, I do not concur with by order of the House. If I had been present, I would have voted the suggestion of the gentleman from Texas [Mr. REAGAN] as tolimit "ay." ing debate on this bilL Should it be reached upon the 13th of April I Pairs were announced as follows: would be opposed to limiting debate. In the last Congress there was Mr. NORWOOD with :Mr. FLEEGER, on all political questions until debate upon this subject extending through two or three weeks until further notice. ' the.question.reall~ was exhausted, ge~tlemen favoring and those op Mr. BENNETT with 1\fr. McKENNA, until further notice. posrng the bill berng allowed full latitude of discussion. It is now :Mr. MORGAN with Mr. HEPBURN, until further notice. proposed. to bring the question up again in this House, and I think the Mr. SPRIGGS with Mr. 1\fiLLIKEN, until further notice. Ho?-~e will want to deb~tethe measure extensively. Everygentleman Mr. BROWNE, of Indiana, with Mr. CoMSTOCK, until further notice. desmng to speak upon It should be permitted to do so because while Mr. BYNU?lf with Mr. W .AKEFIELD, until further notice. on the one side it is considered a very important bill I wish to state Mr. WADE with Mr. DIBBLE, until further notice. that on the other side, so far as I am concerned, I re~rd what is called Mr. LAFFOON with Mr. LoUTTIT, until further notice. "the Reagan bill," for the consideration of which this resolution pro 1\fr. CROXTON with Mr. LIBBEY, on all questions, until further notice. posesto.fixa~ay, asan ex.ceedinglyunim.J?ortantmeasure. I, and others Mr. LoWRY with Mr. ATKINSON, for this day. who think With me, desll'e to debate this question fully. A minority Mr. OATES with Mr. HANBACK, on this vote. of the Committee on Commerce design bringing into the House within Mr. DAWSON with Mr. BRUMM, for this day. a very few days a report expressing their views, and also a bill intended Mr. Elw:ENTROUT with Mr. PLUMB, for this day. as ~ substitu~ fo~ the bill of the. majority and containing provisions Mr. THROCKMORTON with Mr. COOPER, for this day. which the mrnonty of the comnnttee can sustain. On behalf of that J\fr. BALLENTINE with Mr. ELY, for this day. ~or~ty I ~ say that I do no~ suppose any one gentleman of the Mr. liA..LsELL with Mr. WADSWORTH, on this vote. Mr. HALSELL mmonty desues not to have an mterstate-commerce bill passed but would vote "ay," Mr. WADSWORTH, "no." if legislation on this subject is needed, a bill should be passed which will Mr. ROBERTSON with Mr. HEISTAND, for this vote. meet the wants of the country at the present time and will not disturb The result of the vote was then announced as above recorded. vested rights-a bill which will control to a certain extent the manner of shipment, while giving carriers a voice as to what should or should MESSAGE FROM THE SENATE. not be done. A ~essag~ was received from the Senate, by Mr. McCooK, its Se~e The committee has authorized the gentleman from Texas, its chair tary, informmg the House that the Senate had passed without amend man, to make this motion for a suspension of the rules in order to fix a ment bills of the following titles: day to consider this subject. I desire, if it be in order now, to reserve A bill (H. R. 5445) to increase the pension of widows and dependent all points of order upon this bill. At the same time I wish to say that relatives of deceased soldiers and sailors· 'and I shall not vote to suspend the rules if! understand it is the-design of A bill (H. R. 5219) to provide for an ~erican register for the steam the gentleman from Texas to check debate in anyway, to close debate ship Ozama, of New York city. bef~re every member of the House desiring to speak has given his views. The_meB.?ge ~lso a~ounced that the Senate had passed a bill of the I will ask the gentleman from Texas, if he will permit me, whether it follow?Dg t.!-tle; m which t!t~ concurrence of the House was requested: is his design in any way to limit debate on this bill if it should be A bill (S. 1210) authonzmg the Secretary of the Interior to make reached on the 13th of April? 2420 CONGRESSIONAL RECORD-HOUSE. MARCH 16,
Mr. REAGAN. So far as I am concerned I shall be disposed to al Forbid, break up this iniquitous pooling which destroys competition, low reasonable debate; but I should not desire to see the debate run to and the people will be the beneficiaries. · an unreasonable extent. The subject has been so much discussed here Mr. Speaker, the gentleman from New Jersey [Mr. BucHAN.AN] dep tofore that I take it a very great length of time will not be required for recates putting this bill at the top of the Calendar. A friend near me its discussion. But I desire to see full and fair debate. says that is the very place where it ought to go. It ought to be there, Mr. O'NEILL, of Pennsylvania. Well, Jl.Ir. Speaker, I desiretosee Mr. Speaker, because the people have said in convention, they have said debate until the question is exhausted by argument on both sides. I in every available way, through every avenue by which public opinion do not wish to see the debate limited; it was not limited, in the last can be formulated or expressed, that interstate commerce should and Congress. I hope that before many days the minority of the commit ought to be regulated, and regulated as I believe in the method and by tee will bring before the House their report and a substitute bill, so the manner provided by the distinguished gentleman from Texas [Mr. that when members come to examine ''the Reagan bill,'' authorized REAGAN] who, if he transmits nothing else to posterity, the association to be reported by the Committee on Commerce, they may at the same of his name with this interstate-commerce measure will exalt him in time take into consideration the report of the minority of the com the estimation of generations to come. mittee and the measure which the minority are willing to vote for and [Here the hammer fell.] hope to see this House sustain. Mr. O'NEILL, of Pennsylvania. Before the gentleman takes his seat Mr. BINGHAM. I yield to the gentleman from New Jersey [Mr. I desire to say this-- BucHANAN] so much of my time as he may desire. _ Mr. REAGAN. Not in my time. Mr. BUCHANAN. I desire to makean inquiry. If this resolution Mr. BINGHAM. I will yield the time to my colleague. be adopted and the consideration of the bill when it is reached should Mr. O'NEILL, of Pennsylvania. The gentleman from California has not be concluded on Thursday will it run into Friday, which is private not yet had an opportunity to see the report which will come from the bill day? The resolution, as I understand, is absolute in its terms, and minority of the Committee on Commerce. He has not had the oppor it seems to me to be obnoxious to that objection. tunity to see the bill which will be recommended for passage by the Mr. REAGAN. In drawing the resolution I did not think of pri minority of that committee. It is the bill which it is proposed to pass yate-bill day; but I will ask consent of the House to modify the reso instead of the Reagan bill, as it is called. lution so as to except private-bill day from its operation. Mr. HENLEY. I saw it at the last session of Congress. The SPEAKER. The Chair will say to the gentleman from Texas Mr. O'NEILL, of Pennsylvania. But the gentleman has not seen the it has been heretofore decided that when a bill is made a special order bill recommended by the minority of the Committee on Commerce at for a particular day and from day to day thereafter, the m~ure does this session. not occupy the time of the House on Friday unless that be one of the Mr. HENLEY. It necessarily must be similar to the minority report days specially named. In the absence of any such express language, of the last session. - the rule of the House setting apart that day for the consideration of Mr. O'NEILL, of Pennsylvania. All I have to say is this: That private bills is not interfered with. however important it may be to have the regulation of interstate com Mr. BUCHANAN. Then the effect of thi§ resolution, if adopted, merce, and however necessary to pass such a bill for that purpose, it will be to put this bill, which is now very near the foot of the Calen will be found the measure recommended by the minori,ty of the com dar, up to the head ofthc Calendar on the morning of April13. Now mittee is in every way superior to that presented by the majority of I do not understand the propriety of giving precedence to the work of the committee. one committee in this way. I do not know that I have any particular Ur. HENLEY. That minority .report comes from the identical objection to this bill; but there are other bills equally meritorious, source from_which the minority report came at the last Congress, and equally important, which are farther up on the Calendar; and it seems I surmise it is about the same. We can readily judge what it is. to me they should not be displaced. . Mr. ADAUS, of New York. I rise for the purpose of making a A MIDIBER. What are they? parliamentary inquiry. 1Ir. BUCHANAl.'f. 'Ve have four bills from the Committee on Labor; The SPEAKER. The gentleman will state it. and the other day, af~r having used seven minutes of the hour, when l.Ir. ADAMS, of Illinois. Is it in order now to move an amendment we asked for an additional fifty-three minutes it was denied to us. to the resolution? When we asked that Thursday night be set apart for the consideration The SPEAKER. It is not in order. It is a motion to suspend the of our business, that was denied us. When we asked that on Saturday rules and ·pass the resolution, we should have this time, it was denied us; and one of those objections Mr. REAGAN. I yield for two minutes to the gentleman from came from a member of the Committee on Commerce. These are bills Pennsylvania [Mr. BAYNE]. demanded by the voice of the la.boring men of this country; and we ask Mr. BAYNE. I shall vote for this resolution to fix a date to con that nothing shall be done to displa<:e them upon the Calendar. sider this bill. It is an important bill to the whole country. It is a Mr. REAGAN. I yield now for three minutes to the gentleman measure demanded by the people, and one we must consider sooner or from California [Mr. HENLEY]. later. Opposition to the bill, in my opinion, comes from influences Mr. HENLEY. Mr. Speaker, the gentleman from Pennsylvania [1\Ir. which are inimical to the best. interests of the people. O'NEILL] says this interstate-commerce bill is an unimportant measure. Mr. BINGHAM. Are there any petitions on file for the passage of Mr. O'NEILL, of Pennsylvania. No, I did not exactly say that. this bill? M:r. HENLEY. I do not yield. Mr. O'NEILL, of Pennsylvania.. Not one. Mr. O'NEILL, of Pennsylvania. What I said was that the bill :Mr. BAYNE. It is recommended by the boards of trade. It is which was presented by the committee and which is called the Reagan asked for by shippers and by the public press. The demand for such bill is an unimportant measure. a measure has been made on all hands. Mr. HENLEY. Ur. Speaker, I understood the gentleman, and I Mr. BINGHAM:. I am informed there is not one petition on file in think the House did, to speak as I have quoted him, but at all events this Congress asking for any such measure. I am quite certain the gentleman said something the tendency of which Mr. BAYNE. I do not know whether there has been or not, but I was to belittle the Reagan bill. That was the substance of his obser know shippers from one end of the country to the other ask Congress vation, and he was followed in that by the gentleman who succeeded hiln shall take some action in fa,·or of doing away with unjust discrimi in the debate. nation. Mr. O'NEILL, of Pennsylvania. I do not wish to be quoted as say 1\Ir. LONG. It may be, but it has all died out. ing this was not an important question. Mr. DUNHAM. I ask the gentleman from Pennsylvania to name a . Mr. HENLEY. I decline to yield further. Mr. Speaker, there is no board of trade that has asked the passage of this Reagan bilJ. piece oflegislation now before this Congress, or which has come before Mr. BAYNE. I do not know that I can name one specially. Reso antecedent Congresses, which has more profoundly stirred thepulses of lutions, however, havebeenpresentedherecomingfromboards of trade; the American people and created a more widespread solicitude than this and I know--they have passed upon the question. I know too that the same matter of the regulation of interstate commerce. And it has been appeal i3 made by the shippers of this country and by the people gen by reason of just such measures of antagonism as we now see on this floor erally to Congress to have some action taken to regulate this matter. that it has been hitherto retarded, delayed, or defeated; that is, by dila Mr. REAGAN. I now yield two minutes to the gentleman from tory means and by belittling the bill itself by saying that other meas Iowa (Mr. WEAVER]. ures are of greater importance and the like. Why, sir, the importance Mr. WEAVER, of Iowa. Mr. Speaker, the question of interstate of this bill to the people upon the Pacific coast, whom I in part repre commerce, next to the currency question, is the greatest question agi sent, is beyond calculation. It is seen in the presentconditionofa:ffairs, tating the minds of the people of this country to-day, and both are labor because for the first time in the history of these railroads we find a questions in the broadest possible sense of the term. This bill affects person can go from her.e to San Francisco for $50, which is as much as every village and hamlet in the land, and should for a score of valid the fare should ever have been. This results from the fact that the pools reasons have a regular and speedy hearing in this House, during which have been broken and some measure of justice is being meted out to it m.ay be discussed and voted on by the representatives of the people. the people at this time. Pass this Reagan bill, respond to the public Let us place ourselves squarely on record concerning this important bill. sentiment throughout the nation demanding its passage, and then we Mr. REAGAN. I reserve the remainder of my time. may have some means, some faeilities for transportation, for getting The SPEAKER. The gentleman has six minutes of his time re.. from one side of this continent to the other, commensurate with its cost. maining. 1886. CONGRESSIONAL RECORD-HOUSE. 2421
Mr. REAGAN. While I am on the floor I would like to ask a par Haynes, Long, Peters, Swope, Heard Lore, Pettibone, Tarsney, liamentary question. Hemphill, Lovering, Pidcock, Taulbee, The SPEAKER. The gentleman will state it. Henderson, D. B. Martin, Pindar, Taylor,J. M. Mr. REAGAN. If this order is made will it interfere with the in Henderson, J. S. Matson, Price, Taylor, Zach Henderson,T.J. Maybury, Reagan, Thomas, J. R. troduction of bills or the suspension of the rules on Mondays? Henley, McAdoo, Reid,J. W. Thomas, 0. B. The SPEAKER. The rules of the House, while they set apart Fri Herbert, McCreary, Reese, Thompson, day, as stated by the Chair a few moments ago, for the consideration of Berman, McKinley, Richardson, Tillman, Hewitt, 1\lcMillin, Robertson, Townshend, private bills, do not specifically set apart Monday for the suspension of Hitt, McRae, Rogers, Trigg, the rules, but simply provide that it shall be in order on that day to Holman, Miller, Romeis, Tucker, move to suspend the rules. If the gentleman from Texas will call up Holmes, Mills, Rowell, VanEaton, Honk, Moffatt, Ryan, Viele, his bill on Monday the question of consideration could be raised ~aainst Howard, Morrill, Sadler, Wakefield, it, as has been frequently decided heretofore, and it is then for the Budd, Morrison, Sayers, 'Vard,J.H. House to determine whether it will go on with the bill on Monday or Hutton, :Morrow, Seney, Ward.,T.B. Jackson, 1\fuller, Sessions, Warner,A. J. whether it will proceed with the other order of business which is in James, Neal, Shaw, Warner, William order ou that day, namely, the motion to suspend the rules. Johnson, F. A. Neece, Singleton, Weaver,.A..J. Mr. REAGAN. If I can have the consent of theHousei will modify .Tohnston,J. T. Nelson, Skinner, Weaver,J. B . Johnston, T. D. Oates, Smalls, Weber, the resolution so as not to embrace Monday to interfere with the reg Jones,J.H. O'Donnell, Sowden, Wellborn, ular business on that day. Jones,J.T. O'Ferrall, Springer, Wheeler, The SPEAKER. The matter rests entirely under the control of the Kleiner, O'Hara, Stephenson, White, MHo La Follette, Outhwaite, Stewart, Charles Wilkins, gentleman if this resolution shall be adopted. If the gentleman does Laird, Parker, Stewart, J. W. Willis, not call up the bill on Monday there will be no conflict. Lanham, · Payne, Stone, W . .T., Ky. Wilson, Mr. REAGAN. Then I will inform the House that I will not call Lawler, Payson, Stone, W. J., Mo. Winans, LeFevre, Peel, Storm, Wise, it up on Monday. Lehlbach, Perkins, Struble, Wolford, Mr. DUNHAM. Or on any Uonday. Little, Perry, Swinburne, Worthington. Mr. DINGLEY. I desire to know, Mr. Speaker, if this resolution NAYB---44. should be adopted if it will not deprive the House of the two morning Adams, G. E. Campbell, Felix Kelley, Phelps, hours, one for the call of committees and one for the consideration of Adams,J.J. Campbell, J. M. Ketcham, Rice, Allen, C. H. Caswell, Lindsley, Rockwell, bills, while this bill is under consideration? Arnot, Dowdney, Mahoney, Seymour, The SPEAKER. The Chair thinks, from the terms of this resolu Bingham, Evans, Merriman, Spooner, tion, if adopted, that the gentleman from Texas might call this bill Boulelle, Gallinger, Millard, Steele, Bragg, Green,R.S. 1\litchell, Strait, up immediately after the reading of the Journal if he saw proper to Brown, C. E. Guenther, Negley, Van Schaick, do so, in which case, as the Chair has just stated, the question of con Buchanan, Hayden, O'Neill, Charles Wait, sideration could be raised, and the House would determine which busi Buck, Hires, Osborne, West1 ness it preferred to go on with; whether the "Qill to which this resolu Bunnell, Hiscock. Owen, Whitmg. tion refers or the regular order of business fixed in the morning hour. NOT VOTING-83. Aiken, Davis, Hopkins, Ranney, Mr. DINGLEY. If the gentleman from Texas will give me his at Allen, J. M. Dawson, Irion, Reed,T.D. tention a moment, I would like to know if we can not have the assur Anat:rson, C. M. Dibble, King, Riggs, ance from him that this bill will not be called up at. a time to antago Atkinson, Dorsey, Laffoon, Sawyer, Ballentine, Dunn, Landes, Scott, nize the morning hour? Barbour, Ellsberry, Libbey, Scranton, Mr. REAGAN. I will say to the gentleman from :Maine that I will Barry, Ely, Louttit, Snyder, not, in the event of the adoption of this resolution, interfere with the Belmont, Ermentrout, Lowry, Spriggs, Bennett, Findlay, Lyman, Stahlnecker, morning hour. Bliss, Fisher, Markham, St. Martin, The SPEAKER. The Chair will state that the morning hour is one Brady, Fleeger, McComas, Stone, E. F. thing and the hour for the consideration of bills quite another. Browne, T. M. Frederick, McKenna, Symes, Brumm, Gay, Milliken, Taylor, E. B. Mr. REAGAN. !will embrace both hours in this statement. Burleigh, Gilfillan, Morgan, Taylor, I. H. The SPEAKER. If there be no further debate, the question is on Burnes, Glover, :l\Iurphy, Throckmorton, the motion of the gentleman from Texas to suspend the rules and Campbell, T. J. Grosvenor, Norwood, Turner, Cobb, HamiDQnd, O'Neill, J.J. Wade, adopt the resolution. Compton, Harmer, Pirce, Wadsworth, Mr. REAGAN. I yield threeminutesto thegentlemanfrom Georgia (',ooper, Hepburn, Plumb, White, A. C. [Mr. BLOUNT]. [Cries of "Vote!" "Vote."] Croxton, Hiestand, Pulitzer, 'Voodburn. Mr. BLOUNT. I have no desire, Mr. Speaker, to consume the time Culberson, Hill, Randall, of the House if the House wishes to vote now. If agreeable to the So the rules were suspended and the resolution adopted-two-thirds gentleman from Texas, at whoserequest I have taken the floor, I would voting in favor thereof. yield the time that the House may now take a vote. Mr. DUNHAM. I ask unanimous consent to dispense with the read- Mr. REAGAN. Very well. ing of the names. · The SPEAKER. . The question is on the motion of the gentleman Mr. WARD, of Illinois. I object. from Texas to suspend the rules and adopt the resolution. The Clerk proceeded to 1·ead the names. Mr. REAGAN, Mr. BLOUNT, Mr. HENLEY, and others demanded Ur. HATCH. I ask unanimous consent that the further reading of the yeas and nays. the names be dispensed with. It is consuming time unnecessarily. The yeas and nays were ordered. The objection to dispensing with the reading of the names was with Several MEMBERS. It is not necessary to consume time by a roll drawn. call. The following members were announced a.s paired until further no- :Mr. REAGAN. If in order, Mr. Speaker, I will ask consent to with tice: draw the demand for the yeas and nays, as there seems to be a dispo 1\fr. ELLSBERRY with Mr. LYMAN. sition on the part of the House to save the time occupied in calling the 1\Ir. SNYDER with Mr. DORSEY. roll. The following members were announced as paired for the rest of this The SPEAKER. The demand was made by the gentleman from day: California and sustained by the House. The gentleman can move to Mr. HILL with :Mr. BURNES. reconsider the vote by which the yeas and nays were ordered. Mr. IRION with ?Jir. HARl\fER. The Clerk will call the roll. Mr. ST. MARTIN with .Mr. W .A.DSWORTII. The question was taken; and there were-yeas 196, nays 44, not vot Mr. CULBERSON with :Mr. McCOMAS. ing 83; as follows: M:r. HAMMOND with M:r. REED, of Maine. YEA8--196. Mr. ScoTT with Mr. R.A.ND.A.LL. The result of the vote was then announced as above stated. Anderson,J.A. Cabell, Curtin, Ford, Baker, Caldwell, Cutcheon, Forney, ORDER OF BUSINESS. Barksdale, Campbell, J. E. Daniel, Fuller, Barnes, Candler, Dargan, Funston, Mr. MORRISON. I move that the House do now adjourn. . Bayne, Cannon, Davenport, Geddes, Mr. HATCH. I hope the House will not adjourn. I ask the gen Beach, Carleton, Davidson, A. C. Gibson, C. H. tleman from Illinois to withdraw his motion for the present. There is Blanchard, Catchings, Davidson, R. H. M. Gibson, Eustace Bland, Clardy, Dingley, Glass, a bill reported by the Committee on Agriculture which we desire to Blount, Clements, Dockery, Goff, have passed. I do not think it will occupy five minutes. Bound, Cole, Dougherty, Green, V{. J. Several members called for the regular order. . Boyle, Collins, Dunham, Grout, Breckinridge, C. R. Comstock, Eden, Hanback, The question being taken on the motion to adjourn, there were-ayes Breckinridge, WCP.Conger, Eldredge, Hale, 78, noes 76. . Brown, W. W. Cowles, Everhart. Hall, Mr. HATCH. I ask for tellers. . Burrows, Cox, Farquhar, HalselJ, Butterworth, Crain, Felton, Barris, Tellers were ordered, 48 members voting therefor. Bynum, Crisp, Foran, Hatch, The SPEAKER. The Chair appoints the gentleman from illinois, 2422 CONGRESSIONAL RECORD-HOUSE. MARCH 16, / Mr. 1\IORRISON, and the gentleman from Missouri, Mr.-HATOH, to act as By Ur. FORAN: Petition of District .Assembly No. 47, Knights of tellers. Labor, of Cleveland, Ohio, relating to the importation of old barrels The House divided; and the tellers reported-ayes 78, noes 85. free of duty-to the Committee on Ways and Means. So the House refused to anjonrn. By Mr. FORD: Petition of Knights of Labor of Michigan City, Ind., TRANSFER OF APPROPRIATION. asking appropriation of surplus funds in Treasury for the work of in The Committee on .Agriculture was called. ternal improvements-to the Committee on Railways and Canals. Mr. HATCH. I am instructed by the Committee on .Agriculture to By Mr. FORNEY: Petition of Mary Rollins, of Cherokee County, move to suspend the rules and pass the bill (H. R. 4083) to empower .Alabam..1., asking that her war claim be referred to the Court of Claims the Commissioner of .Agriculture to transfer certain appropriation. to the Committee on War Claims. The bill was read, as follows: By Mr. FUNSTON: Petition of A. J . Parmer, for pension-to the Committee on Invalid Pensions. Be it enacted, &c., That the Commissioner of Agriculture be, and is hereby, authorized to transfer from the unexpended balance of the appropriation for a Also, petition for pension for Robert Chawner-to the Committee on laboratory, Department of Agriculture, 1885, a. sum not to exceed $1,800 to the Pensions. appropriation for purchase and distribution of valuable seeds, 1885. By :Mr. GALLINGER: Uemorial of Knights of Labor of Nashua, Mr. HATCH. 1\Ir. Speaker-- (Cries of" Vote!" "Vote!"] N.H., in fuvor of the Hennepin Canal-to the CommitteeonRaihvays The SPEAKER. The motion is to suspend the rules. Is a second and Canals. demanded? By Mr. EUSTACE GIBSON: Petition of Emma L. Newman, of:Ua A second was not demanded. con County, West Virginia, pra.ying that the war claim of Mary New The question being taken, the rules were suspended (two-thirds voting man, deceased, be referred to the Court of Claims-to the Committee in favor thereof) and the bill was passed. on War Claims. COIDITTTEE VACANCIES FILLED. By l\Ir. GIFFORD: Petition of Frederick Vollrath, for invalid pen sion-to the Committee on Invalid Pensions. The SPEAKER announced vacancies on committees filled as follows: By Mr. GOFF: Petition of Good Intent Lodge, Knights of Labor, Committee on Elections-Mr. ROWELL, in place of Ur. HAHN, de of Wellsburg, and of Local Assembly No. 4208, Knights of Labor, of ceased. Huntington, W. Va., for legislation in behalf of the labor interests of Committee on Levees and Improvements of the Misshlsippi River the country-to the Committee on Railways and Canals. Mr. HUDD, in pla{!e of 1\Ir. RANKIN, deceased. .Also, pefition of William 1\fcCrosky, Company C, First Veteran \Vest l\1r. McMILLIN. I move thn.t the House do now adjourn. Virginia Infantry, to accompany House bill 5140-to the Committee on The motion was agreed to; and accordingly (at 4 o'clock and 55 Jllilitary .Affairs. minutes p. m.) the House adjourned. .Also, petition in the case of Riley H . Smith, for a pension-to the Committee on Invalid Pensions. PETITIONS, ETC. By l\Ir. GROUT: Petition of Sarah .Ann Williams and others, in sup The following petitions and papers were laid on the Clerk's desk, port of bill granting a pension to Sara.h Ann Williams-to the same under the rule, and referred as follows: committee. By 1\Ir. BARBOUR: Petition of Elijah P. Myers, of Loudoun County, By 1rlr. GUENTHER: Uemorial of the mayor and board of aldermen and of Chilton Shumake, of Fauquier County, Virginia, praying that of .l'tlanitowoc, Wis., asking for further improvement of the harbor at their war claims be referred to Court of Claims-to the Committee on Manitowoc-to the Committee on Rivers aml Harbors . War Claims. .Also, petition of citizens of Winnebago County, Wiscon in, praying By Ur. BL.A.NCH.A.RD: Memorial of New Orleans Chamber of Com for the payment of awards made by United States commi~ioners, for merce, asking the abrogation of the Hawaiian treaty, and also favoring damages sustained by the improvement of the Fox and Wisconsin Riv pre.Sent rate of tariff on sugar-to the Committee on Ways and ~Ieans. ers-to the Committee on .A.pprop1-iations. By Ur. BOUND: Petition of Peter Elsen, of Company C, Two hun By Mr. HAILEY: Petition of citizens of Idaho County, Idaho Terri dred and first Regiment Pennsylvania Volunteers, for an increase of tory, praying Congress to pay for property destroyed by Joseph s band pension-to the Committee on Invalid Pensions. of Nez Perce Indians in 1877-to the Committee on Claims. Also, petition of Henry Hipple, jr., late of Company H, One hun By ?tfr. II.A.LL: Petition of citizens of Louisa County, Iowa, for tho dred and twenty-seventh Regiment Pennsylvania Volunteers, for a passage of a bill embodying the recommendations of the national com pension-to the same committee. · mittee of the Grand .Army of the Republic-to the Committee on In By :Mr. BOYLE: Papers in the claim of .Arthur W. Paynter-to the valid Pensions. Committee on War Claims. By 1\Ir. HAMMOND: Papers in the claim of :Michael Kneis, of Ful By :Mr. C. R. BRECKINRIDGE: Petition of Knights of Labor of ton County, Georgia-to the Committee on War Claims. Pine Bluff, .Ark., in favor of the Hennepin Canal-to the Committee on By Mr. HAYDEN: Memorial of John McClary Perkins, for theim Rail ways and Canals. peachment of Thomas L. Nelson, district judge of the United States By 1\Ir. BUTTERWORTH: Joint resolution of the Legistature of for Massachusetts--to the Committee on the Judiciary. Ohio, for a marine hospital at Gallipolis, Ohio-to the Committee on By Mr. HEWITT: ResolutionsoftheChambarofCommerceofNew Naval .Affairs. York State, in fn.vor of granting authority to erect a bridge over Atthur Also, joint resolution of the same, for the placing of a training ship Kill-to the Committee on Commerce. on Lake Erie-to the same committee. By Mr. HIRE : Petition praying for the passage of a joint resolu By Mr. BYNUM: Petition of monthly meeting of Friends, for the tion requiring the Postmaster-GeneTal to obey tl1e act of Ma1·ch 3, passage of Senate bill355, to promote peace among nations-to the Com 1883-to the Committee on the Post-Office and Post-Roads. mittee on Foreign Affairs. By Mr. HISCOCK: Petition against patents-to the Committee on By Ur. CLARDY: Memorial of Local .Assembly No. 3489, Knights of Patents. Labor, of Saint Louis, Mo., for the construction of the Hennepin Canal By Mr. HOPKINS: Petition of E. R. Pearsall, S. K. Grimes: and to the Committee on Rivers and Harbors. others, for a law putting oleomarQlrine, butterine, andallimitations of .Also, memorial of Prosperity .Assembly, Knights of Labor, of Saint butter under control of the Internal ReYenue Department-to the Louis, Uo., urging the passage of House bill1914-to the Committee Committee on Ways and Means. on Labor. Also, petition of G. W. Smith, D. W . Boutelle, and others, for the .Also, memorial of the same, against the passage of what is known as same-to the same committee. the Dingley pilotage bill-to the Committee on Commerce. By :Mr. HOUK: Petition of W. J. Hartle, of Kingston, Tenn., for By ?tfr. A. C. DAVIDSON: Petition of Local .Assembly No. 4214, the passage of a joint resolution requiring the Postmastcr-Genern.l to Knights of Labor, of Selma, .Ala., recommending internal improvements· obey the terms of the act of March 3, 1883-to the Committee on the for the benefit of laboring men-to the Committee on Railways and Post-Office and Post-Roads. Canals. .Also, petition of .M:rs. Sophia C. Gray, of Madison, Ind., praying for By Mr. DAVIS: Petition of C. F. Baker and 29others, citizens of Den the passage of an act extending the time for filing claims for bounty nis, Mass., owners and masters of sailing vessels, for the passage of a law under the act of July 28, 1866-to the Committee on tho Judiciary. to allow masters and mates of sailing vessels to be licensed as pilots By 1\Ir. F. A. JOHNSON: Petition of Willard heldon, for restora to the Committee on Commerce. tion to the pension-roll-to the Committee on Invalid Pensions. By Mr. DORSEY: Petition of John R. Hew on, for a pension-to the By Mr. J. T. JOHNSTON: Petition of monthly meeting of Friends Committee on Invalid Pensions. at Rush Creek, Parke County, Indiana, asking for the passage of Senate By lli. ERMENTROUT: Petitions of New York savings-banks, in bill 335, to promote peace among nations-to the Committee on Foreign favor of the suspension of the coinage of the Bland dollar-to the Com Affairs. mittee on Coinage, Weights, and Measures. By b1r. KETCHAM: Petition of Silas Hewitt and Fred J. Schlos.'!er, By Mr. EVERHART: Petition of 62 voters and 81 non-voters of reprf'.senting the Knights of Lahor of Poughkeepsie, N. Y., for the con Kennett Square, Chester County, Pennsylvania, and vicinity, on the struction of the Hennepin Canal-to the Committee on Railways and subject of liquor traffic in the District of Columbia-to the Select Com Canals. mittee on the .Alcoholic Liquor Traffic. By Mr. LANHAM: Petition of citizens of Comanche County, Texas, By Mr. FINDLAY: P apers in the claim of J ohn E. O'Donnell, to relating to deep water at Galveston, Tex.-to the Committee on Rivera accompany bill-to the Committee on Claims. and Harbors. 1886. CONGRESSIONAL RECORD-HOUSE. 2423
By Mr. LINDSLEY: Petition of Erving Holcomb and others, for a By Mr. SPOONER: Memorial of Local Assembly, No. 2085, Knights tax. on oleomargarine-to the Committee on Agriculture. of Labor, ofProvidence, R.I., for constructionofworks ofinternal im- By .Ur. LITTLE.: Petition of Henry Newyear, for remo\al of charge provement, including the Hennepin Canal-to the Committee on Rail- of desertion-to the Committee on Military .Affairs. ways and Canals. Also, memorial of the Dover monthly meeting of Friends, of Clinton By Mr. SPRINGER: Letter, with map, from the board of commis- County, Ohio, praying for the passage of Senate bill 355, relating to in- sioners of the District of Columbia relative to the new "Monument" ternationa.l arbitration-to the Committee on Foreign A:ffaim. avenue-to the Committee on the District of Columbia. By Mr. LYMAN: Petition of Harlan Post No. 197, Grand Army of Also, papers re4lting to claim of Charles P. Chouteau and others. the Republic, of Harlan, Iowa, for condemned .cannon and carriage for Also, papers relating to the pension claim of Edward W. Wyatt-to monument purposes, to accompany bill-to the Committee on Milit.'\ry the Committee on Invalid Pensions. Affairs. Also, paper of S. W. Allerton relative to the shipping of live-stock- Also, resolutions of the board of supervisors of Fremont County, Iowa, to the Committee on Commerce. aslring theimprovementoftheMissouriRiver at Nebraska City-to the Also, petition of A. J. Davis and of J. W. McHarry, for the Arthur Committee on Rhers and Harbors. Kill bridge-to the same committee. Also, certificate of S. E. Bondish and others, of Audubon County, By Mr. STAHLNECKER: Petition of New York Tra\elers' Protect- Iowa, in support of House bill 6008, for the relief of A. M. Harring- ive Association, favoring the abolition of tax upon commercial travel- ton-to the Committee on Pensions. el'S-to the Committee on Commerce. Also, petitions, starements, and certificates of physicians and others By :Mr. STEELE: Petition of H. C. Templeton and 30 others, of Jad- of .Audubon County, Iowa, in support of House bill6008, for the relief den, Ind., for free coinage of silver-to the Committee on Coinage, of A. M:. Harrington-to the same committee. Weights, and :Measures. Al o, petitions of citizens of Councilllluffs, resolutions of common By Mr. STEPHENSON: Petition Of L. S. Rouse and 24 others, citi- conncil, and petition of park commissionet'S of said city; of 12'7 citizens, zens of Belle Plain, Wis., in favor of the free coinage of silver-to the and of22 citizens, andof74citizensofPottawattamieCounty, andof44 same committee. citizens of 1ills County, Iowa, asking for the passage of House bill659, Also, remonstrance of workingmen of Natrona, Pa., against House reL'tting to Honey Creek, Iowa-to the Committee on the Public Lands. bill5576-to the Committee on Ways and l\Ieans. By Ur. NEECE: Petition of Knights of Labor of Monmouth, m, By 1\Ir. J. W. STEWART: Papers in the case of William Joslin for praying for the passage of the law to adjn:st the accounts of laborers relief-to the Committee on CJaims. under the eight-hour law-to the Committee on Labor. By Mr. W. J. STONE, of Kentucky: Petition of V. J. Smith, of By Mr. PETERS: Petition of Merritt M. Gookins and 315 citizens of Hickman, Ky., asking that his war claim be referred to the Court of Harper County, Kansas, opposing Chinese immigration-to the Commit- Claims-to the Committee on War Claims. tee on Foreign Affairs. By Mr. W. J. STONE, of Missouri: Petition of Knights of Labo~ of Also, memorial of Knights of Labor of Harper, Kans., favoring the Nevada, 1\'Io., for the Hennepin Canal-to the Committee on Rail"111ys Hennepin Canal and other improvemenb;-to the Committee on Rail- and Canals. ways and Canals. Also, evidence in the case of Willis W. Fink for a pension-to the By Mr. PETTIBONE: Petition of James Lane Post, No. 13, Grand Committee on Invalid Pensions. Army of the Republic, Department -of Tennessee and Georgia, for pen- By Mr. STORM: Memorial of Knights of Labor, Loeal Assembly No. sioo for all Union soldiers-to the Committee on Invalid Pensions. 4641, for the Hennepin Canal-to the Committee on Railways and Also, petition for the relief of Joseph H. Beal, late Company B., Third Canals. Tennessee Mounted Infantry-to the Committee on War Claims. Also, petition of Joseph Rochel, for a pens\on-to the Committee on By Mr. McCOMAS: Memorial of J. Y. Shantz & Sons, of Berlin, Invalid Pensions. Ontario-to the Oommittee on Appropriations. By Mr. SYl\fES: Petition from Delta' County, Colorado, allowing By 11Ir. MILLER: Papers relating to claim of J. W. Whitfield and pre-emption of desert land, &c.-to the Committee on Public Lands. others for compensation as registers and receivers of public moneys-to Also, resolutions of district assembly of Denver, Col., in favor of the Committee on Dlaims. Hennepin Canal-to the Committee-on Railways and Canals. By Mr. MORRISON: M:emorialof AnnaM. Schenck, widowofFred- Also, resolutions of Knights of Labor of Silver Plume, Col., for erick Schenck, Company G, Eighty-second Illinois Volunteers-to the same-to the same committee. Committee on Invalid Pensions. Also, resolution relating to the enlargement of soldiers' home at Also, memorial of 11fargaret J. Woods, for a pension-to the same Leavenworth, Kans.-to the Committee on Military Affairs. committee. By Mr. J. M. TAYLOR: Petition of Mrs. C. A. Ashley, of Hanlin By Mr. RANNEY: Paper in theclaim. of Joseph Richardson, fOl'in- County, Tennessee-to the Committee on War Claims. crease of pension-to the same committee. By Mr. ZACH. TAYLOR: Petition -of Mrs. Eliza N. Marshall, ex- Also, memorial oftheKnightsofLaborofMilton, Mass., fortheHen- ecutrix of James Marshall, of Fayette County, Tennessee, asking that nepin Canal-to the Committee on Railways and Canals. her war claim be referred to the Court of Claims-to the same com- By Mr. T. B. REED: Memorial oftheKnights of Labor, No. 4196, mittee. of Saco, Me., in favor of the Hennepin Canal-to the same committee. Also, a bill to improve the harbor of Memphis, Tenn.-to the Com- By Mr. ROCKWELL: Memorial of Local Assembly 4141, Knights mittee on Rivers and Harbors. ofLabor, of No:rth Adams, Mass., indorsing the Hennepin Canal-to By :Mr. TRIGG: Petition of David Graham and others, asking that the same committee. the present duty on ores and certain raw materials be retained-to the Also, petitionofWendellPhillips Local Assembly, No. 3118, Knights Committeeon Ways and Means. of Labor, and of Adams Local Assembly, No. 3856, Knights of Labor, Also, petition of Edward Davies and others, Knights of Labor, fox the for the organizati{)n of Oklahoma Territory, &c.-to the Committee on relief of certain laboring classes-to the Committee on Railways and the Territories. Canals. By 1\Ir. ROGERS: Petition of Michael Dollhafen, for an invalid pen- By Mr. TUCKER: Petition of citizens of Virginia, for increase of sal- sian-to the Committee on Invalid Pensions. aries of the district judges of the United States-to the Committee on Also, memorial of Knights of Labor touching the duty ofCougress- the Judiciary. to the Committee on Railways and Canals. .By Mr. VOORHEES: Memorial of the Chamber of Commerce of Ta- .A.lso, a bill to remove the rock shoals in Fourche River, Arkansas, coma, Wash., praying for the retention by Congress of the duty now in the interests of navigation-to the Committee on Rivers and Harbors. · imposed on coal and lumber now imported into the United States and Also, a bill to construct a dike in the Arkansas River near the town to permit no decrease of the same-to the Committee on Ways and of Dardanelle, Ark., in the interest of navigation-to the same com- Means. mittee. Also, petition of the Knights of Labor of Rainier Assembly, No. 250, Also, a bill to repair and preserve the dike in the Arkansas River at of Tacoma, Wash., favoring House bill 1914-to the Committee on Fort Smith, in the interests of navigati-on-to the same committee. Labor. By Mr. ROMEIS: Memorial of the Knights {)f Labor of Toledo, Also, petition of 57 citizens of Washington Territory, praying for an Ohio-to the Committee on Railways and Canals. appropriation for the removal of the obstructions to navigation in the By Mr. RYAN: Petition of Knights of Labor of Scranton, Kans., Upper Columbia River-to the Committee on Rivers and Harbors. praying for the passage of the Hennepin Canal-to the same commit- By Mr. WAIT: Petition of Rufus D. Curtis, for increase of pension- tee. to the Committee on Invalid Pensions. By Mr. SAYERS: Petition of citizens of Fort Worth, Tex., for the Also, petition of Knights of Labor of Bridgeport, Conn., for aid in establishment of a port of entry and delivery at Fort Worth, Tex. -to constructing the Hennepin Canal-to the Committee on Rivers and the Committee on Commerce. Harbors. By Mr. SENEY: Remonstrance of J. B. McMeans and others against By Mr. WAKEFIELD: Remonstrance of 55 citizens of Vivian, M:inn., House bill5576-to the Committee on Ways and l\feans. against increase of postage on fourth-class matter-to the Committee By Mr. SCRANTON: Petition of members of Susquehanna County on the Post-Office and Post-Roads. (Pennsylvania) bar, for the passage ill Honse bill '2124, relating to ju- By Mr. W .A.RD~ Petition of Lafayette Post, No. 3, Grand Army of dicial districts of United States comts in Pennsylvania--to the Com- the Republic, Department of Indiana, asking donation of $10,000 for mittee on the Judiciary. purchase of ground for burial of soldiers of the United States in war 2424 CONGRESSIONAL RECORD-SENATE. MARcH 17, for the Union, of Northern ~diana, and for a monument-to the Com ing in relation tO the charge of fraudulent importation of Chinese into mittee on l!Iilitary Affairs. the United States; which, with the accompanying papers, was, on mo By 1\fr. WILLIAM WARNER: Petition of Grand Army Encamp· tion of Mr. CoNGER, referred to the Committee on Commerce, and or ment of Missouri, in support of bill placing .Andrew J. Smith on the dered to be printed. retired-list with rank of brigadier-general-to the same committee. Mr. PLUMB. I move that the communication from the Secretary By Mr. WEBER: Petition asking construction of Hennepin Canal, of the Interior furnished to the Senate yesterday in response to a reso and for other similar projects of internal improvements-to the Com lution which I offered on the 17th of last December, transmitting in mittee on Railways and Canals. formation in relation to land-grant railroads in the State of Kansas, be By Mr. WELLBORN: Petition of citizens of Fort Worth, Tex., for referred to the Committee on Public Lands, without printing. a public building-to the Committee on Public Buildings and Grounds. The motion was agreed to. By Mr. WHEELER: .Petition of Stephen White, for a special act for arrears of pension-to the Committee on Invalid Pensions. PETITIONS AND M~MORI.A.LS. Also, petition of citizens of Limestone County, Alabama, for relief The PRESIDENT pro tempore presented a petition of John Ball Post, to the Committee on Labor. Grand Army of the Republic, of Mowrystown, Ohio, praying for addi By Mr. A. C. WHITE: Paper in the case of Elizabeth Sirwell, for tional pension legislation; which was referred to the Committee on Pen a pension-to the Committee on Invalid Pensions. sions. By Mr. MILO WHITE: Eleven petitions, numerously signed, of cit He also presented a petition of Knights of Labor of Fremont, Ohio, izens of Minnesota, for the regulation of the manufacture and sale of praying that liberal appropriations be made for works of internal im imitation dairy products-to the Committee on Agriculture·. provements, and especially for the construction of the·Hennepin Canal; By Mr. WILLIS: Petition of Louisville charity organizations and which was referred to the Committee on Commerce. others, for the establishment of post-office savings-banks-to the Com He also presented a petition of Grange No. 1002, Patrons of Hus mittee on the Post-Office and Post-Roads. bandry, of Northrup, Ohio, praying for prompt and favorable action on Also, resolutions of Louisville Board of Trade, touching further coin Honse bill No. 5190, to enlarge the power and duties of the Department age of silver-to the Committee on Coinage, Weights, and Measures. of Agriculture; which· was referred to the Committee on Agriculture Also, petition of Hon. John T. Gathright and others, citizens of Louis and Forestry. ville, Ky., relative to post-office savings-banks-to the Committee on Mr. . CAMERON presented a memorial of Knights of Labor of Pitts the Post-Office and Post-Roads. burgh, Pa., remonstrating against the passage of Honse bill No. 999 and Also, papers in the claim of Thierman & Frost--to the Committee on Senate bills Nos. 265 and 1003, relating to pilots and pilotage; which Claims. was referred to the Committee on Commerce. By Mr. WISE: PetitionofKnightsofLabor ofRichmond,Va., asking Mr. HARRISON presented a petition of Knights of Labor of Goshen, an ~ppropriation to build the Hennepin Canal-to the Committee on Ind., praying that liberal appropriations be madeforpublicworks, and Rail ways and Canals. especially for the construction of the Hennepin Canal; which was re ferred to the Committee on Commerce. The following petitions, praying Congress to place the coinage of silver Mr. BERRY presented a petition of Knights of Labor of Pine Bluff, upon an equality with gold; that there be issued coin certificates of one, Ark., praying for the construction by the Government of the Hennepin two, and five dollars, the same being made a legal tender; that one and Canal; which was referred to the Committee on Commerce. two dollar legal-tender notes be issued, and that the public debt be paid Mr. HOAR. I present the petition of John Arthur Lynch, a citizen as rapidly as possible by applying for this purpose the idle surplus now ofthe United States, praying for the survey of a line fora railway from in the Treasury, were pr~nted and severally referred to the Committee the northwestern boundary of the United States through British·Co on Coinage, Weights, and Measures: lumbia to Alaska. The petition states with a great deal of force and By Mr. HALL: Of citizens' of Danville, Iowa. clearness important reasons with reference to our foreign commerce, its relation to the development of railway lines in India and Canada, and The following petitions, praying Congress for the enactment of a law the possible construction of a line through the Chinese Empire. I sup requiring scientific temperance instruction in the public schools of the pose it would be proper that it should go to the Committee on Foreign District of Columbia, in the Territories, and in the Military and Naval Relations rather than to· the Committee on Commerce, as it relates to a Academies, the Indian and colored schools supported wholly or in part foreign railway proposed to be constructed by the United States. I have by money from the national Treasury, were presented and severally re a bill in regard to the same matter which I shall introduce when that ferred to the Committee on Education: order of business is reached. By Mr. ARNOT: Of citizens of Schuyler, Seneca, and Tompkins I move that the petition be referred to the Committee on Foreign Counties, New York. Relations, and I ask unanimous consentth.atit be printed as a document. By Mr. C. R. BRECKINRIDGE: Of citizens of White and Woodruff I have examined it, and it is well worth the attention of the Senate. Counties, Arkansas. The PRESIDENT pro tempore. The Senator from Massachusetts asks By Mr. W. W. BROWN: Of citizens of Sullivan, McKean, and Tioga unanimous consent that the petition be printed as a document. If Counties, Pennsylvania. there be no objection that order will be made. The petition will be By Mr. J. M. CAMPBELL: Of citizens of Cambria County, Penn- referred to the Committee on Foreign Relations. sylvania. , Mr. HOAR presented the petition of George Bliss, of Warren, Mass., By Mr. FREDERICK: Of citizens of 11farshall and Johnson Coun and a petition of members of the Grand Army of the Republic in Massa ties, Iowa. chusetts, praying for the passage of the bill (S. 1783) granting an in By M:r. R. S. GREEN: Of citizens of Monmouth County, New Jersey. crease of pension to George Bliss; which were referred to the Commit By Mr. HILL: Of citiz·ens of Defiance, Paulding, and Fulton Conn tee on Pensions. ties, Ohio. Mr. CONGER presented a petition of 15 clergymen, 7 physicians, 2 By Mr. HOPKINS: Of citizens of Boone, Kane, and McHenry Coun- lawyers, 13 teachers, 85 business men, and 21 officers of temperance and ties, lllinois. - other societi~, citizens of Michigan, and a petition of 11 clergymen, 11 By Mr. LONG: Of citizens of Bristol and Plymouth Counties, Mas physicians, 5 lawyers~ 47 teachers, 88 business men, and 34 officers of sachusetts. temperance and other societies of Shiawassee and Gratiot Counties, By Mr. O'DONNELL: OfcitizensofEaton and Barry Counties, Mich Michigan, praying for the enactment of a law requiring scientific tem igan. perance instruction in schools under Federal jurisdiction; which were By Mr. SESSIONS: Of citizens of Cattaraugus, Chautauqua, and Al ordered to lie on the table. legany Counties, New York. He also presented a petition of Knights of Labor of Otisville, Mich., By Mr. W. J. STONE, of Missouri! Of citizens of Bates and Vernon praying for the construction by the Government of the Hennepin Canal; Counties, Missouri. which was referred to the Committee on Commerce. By Mr. TARSNEY: Of citizens of Shiawassee and Gratiot Counties, . He also presented a petition of Knights of Labor of Mount Clemens, Michigan. Mich., praying for the passage of the bill (H. R. 1914) for the restoration of wages in the Government Printing Office; which was referred to the . Committee on Printing. Mr. MANDERSON presented the petition of Allen Root and other SEN.ATE. citizens of Nebraska, praying for legislation to place all imitations of and substitutes for butter under the control of the Internal Revenue WEDNESDAY, Mm·ch 17~ 18864 Department; which was referred to the Committee on Agriculture and Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. Forestry. The Journal of yesterday's proceedings was read and approved. Mr. PALMER presented a petition of Knights of Labor of Manistee, Mich., praying for the enactment of a law making it a misdemeanor to EXECUTIVE COMMUNICATION"S. employ persons under twenty-one years of age more than eight hours a The PRESIDENT pro tmnp01·e laid before the Senate a communica day in any manufacturing, mining, or mercantile business; which woo tion from the Secretary of the Treasury, trMlSmitting, in response to a referred to the Committee on Education and Labor. resolutionofthe9th instant, two reportsofSpecialAgentO. L. Spauld- He also presented a petition of Knights of Labor of Decatur, Mich.,