188 CONGRESSIONA1 RECORD-SENATE 1\fAROH 13·

3. The extension of an additioiUll course of the boundary line in ~orge T. Summerlin to be envoy extraordinary and mini ter Grand Manan Channel between the coasts of Maine and Grand Manan plenipotentiary to Honduras. I land from the terminus of the present line, as defined by the treaty DIRECTOR OF THE W AB ~A.~CE CORPORATION -of May 21, 1910, to the high seas. Eugene Meyer to be a director of the War Finance Corpora­ 4. The maintenance of an effective boundary line throughout the whole course of the boundary between the United States and the tion for a term of four years. Dominion of Canada and between .Alaska and the Dominion of Canada by the commis ioners appointed under the treaty of 1908 and their successor in office as provided in the treaty under consideration. SENATE I inclose for the information of the Committee on Foreign Relations FRIDAY, Ma:rck 13, 1925 a copy of the joint report made on .April 7, 1924, by the boundary commissioners for the United States and His Britannic Majesty to the (Legislative day of T ·uesday, March 10, 19Z5) Secretary of State of the United States and the Minister of the Inte­ The Senate met in open executive session at 12 o'clock me­ rior of Canada ·recommending the conclusion of such a treaty. This ridian, on the expiration of the recess. report contains a clear statement of the reasons for each provision. The VICE PRESIDENT. The Chair lays before the Senate Except for a few minor verbal changes the treaty as signed follows the treaty with Cuba relative to the Isle of Pines. exactly the dr.aft submitted by the two commissioners. . The territorial changes effected by the treaty are as follows : ISLE OF PINES TREATY 1. By Article I about about two and one-half acres of American wa­ The Senate, in open executive se sion and as in Committee ters in LaJ>e of the Woods, entirely sm·rounded by Canadian waters, of the Whole, re umed the consideration of the treaty between are transferred to Canadian territory. the United States and Cuba, signed March 2, 1904., for the ad­ 2. By .Article II a series of narrow segments of Canadian territory justment of title to the ownership of the Isle of Pine . between the monuments along the forty-ninth parallel from Lake of the The VICE PRESIDENT. The Chair lays before the Senate "oods to tbe summit of the Rocky Mountains, having a total area of a communicaton embodying a resolution adopted by the Council 30 to 35 acres, are transferred to the United States. of the Pan American Society of the United States upon the 3. By Article III a triangular area of approximately 185 acres of subject of the pending treaty, which will be printed in the water in Grand Manan Channel, which is of controversial jurisdic­ RECORD and ordered to lie on the table. tion becaose the 3-mile limit measored from the Canadian shore The communication i as follows: and the 3-mile limit meastiied from the coast of Maine overlap, is THE PAN .A:UERICAN SOCIETY OF THE UXITED STATES (INC.), apportioned between the United States and Canada by extending an Sew York, March 12, 19:!5. additional cour e from the terminus of the pre ent boundary line To the Senate of the United. States of America, through the middle of Grand Manan Channel to the high S('B.S. The WCL9hington, D. 0. effect of this additional course is to allot 88 acres of _the above· GENTLEME.K : The Council of the Pan American Society of the United mentioned area of water to the United States and 97 acres to Canada. States on Mar-ch 5, 1925, unanimously passed the following resolu­ It will be observed from the foregoing three paragraphs that by tion, which is respectfully called to your attention for thoughtful the b-eaty the United States wlli surrender to Canada about 2lh acres consideration at this time, pending the decision on that important of water in Lake of the Woods and 97 acres of watet• of controversial question, the ratification of the Isle of Pines treaty: jurisdiction in Grand :Manan Channel, and that the united States will "Whereas a treaty between t.he United States and Cuba definitely acquire from Canada 30 to 35 acres of land along the forty-ninth par­ fixing the status of the Isle of Pines was negotiated in 1904, pursuant allel and 88 acres of water of controversial jurisdiction in Grand to an act of the Congre s of the United States, and the said treaty has Manan Channel. had the approval of every admini u·ation in authority at Washington The engraving of plates for the final maps of the boundary between in the intervening time, and bas been three times favorably reported the L'nited States and Canada, which the commissioners are required to the Senate by its Committee on Foreign Relations, but has not been to prepare under the boundary treaty of April 11, 1908, is being rapidly acted upon by the Senate; and completed. The plates which include the line through the Lake of the " Whereas an indefinite period of uncertainty as to the status of the Woods dealt with in Articles V and VI of the treaty of 1908 and in Isle of Pines is a continuing source of controversy and irritation, and .article I of the treaty now under consideration by the Senate, and the object for which this society exists is the promotion of good will the plates which include the line through Grand Manan Channel, dealt and good relations between the United States and the countries of with in Article I of the treaty of 1908 and Article III of the treaty now Latin America: Therefore be it under consideration by the Senate can not be completed by the com­ ((Resolved, That in the interest of ju tice and as an act con istent mi sioners in a manner which will completely define those sections of with the high purpose of the United States to establish the sovereignty the boundary until authority for so doing shall have been given to them of the Cuban peoples over all the territory historically identified with by treaty between their governments, nor can the commissioners make Cuba, we respectfully tiige the ratification of the pending treaty. all the final reports which they are requiL·ed to make under the treaty "Dated : New York, March 5, 1!)25." of 1908 until the definition of those two :-;ections of the boundary shall M. CARRYL OTTumn, Secretary. have been agreed upon by the two governments. The section of the boundary along the forty-ninth parallel defined in .Article VI of the 1\ir. McKELLAR. Mr. President, I am going to occupy just treaty of 1908 and in .Article II of the treaty now before the Senate is a few moments of the time of the Senate on the Isle of Pines also involved in the final report on the bonndary along the forty-ninth treaty. Article I of the protocol between Spain and the United parallel which the commissioners are preparing. States provides as follows: I am, my dear Senator BORAH, sincerely yours, Spain will relinquish all claim of sovereignty over and title to Cuba. FR..L'K B. KELLOGG. Article II provides !' Spain will cede the united States the island of Porto Rico and other NOMINATIONS islands now under Spanish sovereignty in the West Indies, and also an E.recutit'e 1wminations t·eceivcd by tlle Senate March 12 (legis· island in the Ladrones to be selected by \he United States. laHve day of M ar·ch 10), 1925 Article I of the treaty of Paris, afterwards entered into be- ATTORNEY GENERAL OF THE Ur !TED STATES tween Spain and the United States, provide a follows : Charles Beecher Warren, of Michigan, to be Attorney General. Spain relinquishes all claim of overeignty over and title to Cuba. APPOINTME...~T I~ THE NAVY It then proceed with other matters which I need not quote. NAVAL RESERVE FORCE Article II of the treaty of Paris is substantially the same as ~rge A. Berry, ex-lieutenant commander, United States Article II of the protocol, and I need not read that. Naval Reserve Force, to be a lieutenant commander, United A.s I view the matter, it is perfectly clear that the Cuban States Naval Re. erve Force, from the 29th day of January, Government received the title to Cuba through the United 1925, in accordance with a provision contained in an act of State It could not have obtained it in any other way. There Congress approved January 29, 1925, to correct an error ap­ was not any real existing government at the time in Cuba, and pearing in the prior nomination. the titlf> thereto wa put by Spain in the United States and afterwards b:ansferred by the United 'tate to the Gover11meut coNFIRMATio_ Ts of Cuba. The Isle of Pines was specifically excepted from that transfer and from that treaty. It wa" specifically excepted by Executive nominati.ons conflnnefl by the Senate March 12 (legis­ the action of Congres in what is known a"' the Platt amend­ lati~:e day of March 10), 1925 ment. It was sp cifically excepted in the treaty. It wru E;pe­ E~VOYS EXTRAORDINARY AND MINISTERS PLENIPOTE~TIARY cifically excepted in the constitution of Cuba, o that the con­ Charles C. Eberhardt to be envoy extraordinary and minister stitution of the present Government of Cuba does not apply to plenipotentiary to Nicaragua. the Isle of Pines at all and never has. 1925 OONGR,ESSIONAL R.ECORD-SENATE 189.

The only way that Cuba can get title to the Isle of Pines is 1\Ir. SW AKSON. Just on that point, the Senator said the by a tran~·fer from the United States as proposed in the pending title is in the air. treaty or in some other way. I regret that that is so. I am 1\Ir. McKELLAR. Oh, no; I said title is not in the air. sorry that we have the title to the island. I would much prefer 1\Ir. SWANSON. 'Ve had declared Cuba a free and inde­ that there be no que ·tion about it, but that the title to the pendent nation when we passed the resolution declaring ·war island might be in Cuba. So far as I am personally concerned, against Spain. Cuba was declared a free and independent I do not want to take in any more territory in that neighbor­ people in the resolution declaring war. Spain relinquishecl hood. We already have an island or two down in the West sovereignty to that free and independent people. Indies, and that is enough. I do not want to take in any more 1\Ir. McKELLAR. Mr. President, I can not yield to the Sen­ mongrel populations. I wish it were so we did not ha-ve this ator to make a speech. · I want to answer that statement of the title at all. But we hav-e it. When we first took it over our Senator, however. If Cuba was a free and independent na­ Government, believ-ing that we had it, invited a great number tion and got the title from Spain, why did we not content our­ of American citizens to go down there. They have gone down selves by letting Spain convey the title to Cuba? She did not there and made their homes there. They have bought 90 per do it. We made the treaty with Spain. Spain did not make a cent of the lands of .that island and own them now. There are treaty with Cuba. Spain conveyed the title to the United 900 of them there. On the same island there are about 4,000 States and the United States conveyed the title to Cuba by a Cuban , a mixed population, an ignorant population. Only subsequent treaty, and in that subsequent treaty-- a very mllll portion of them can read and practically none of 1\Ir. SWANSON. The Senator is mistaken. He has not read them can write. the treaty. What we are doing, if we ratify the treaty, is to put those 1\Ir. 1\lcKELLAR. Oh, no. The Senator is again mistaken. 900 American citizens under the dominion and control of an That conveyance excepted from the conveyance the I.le of ignorant half-breed population down there in that island. I Pines, and the tit1e to the Isle of Pines is now in the United am opposed to it. I am not willing to indorse such a proposal States, and the sole purpose of the treaty now pending before by my vote. us is to convey to Cuba that which was not conveyed in the I think we owe some duty to Cuba. I want to be generous original instance. to Cuba. I am perfectly willing to convey the i!3land to Cuba. Mr. S-nT AX SOX. The Senator is mistaken. I believe we own it and am perfectly willing to convey it to 1\Ir. ROBINSO~. The United States ha never claimed title Cuba, but when we convey it we ought to convey it in such to the I ·le of Pines. manner as to protect the rights of those American citizens 1\Ir. McKELLAR. Of course that is the question. whom we have induced to go there. That is the sole question Mr. ROBINSOX. The most that can be said about it is involved here. I wish the treaty were so worded that we that the Platt amendment left the matter to be investigated could grant the Isle of Pines to Cuba. It is nearer to Cuba, and adjusted by treaty. ' and the United States does not want it. 1'he only rea on why 1\Ir. SW AXSON. l\Ir. President-- I am opposed to the treaty as it i · written is because it does Mr. 1\IcKELLAR. I ha\e but 15 minutes and I do not want not properly protect the rights of those 900 Americans whom to yield too much of my time to other Senator'. our Government expre · ·ly invited to go down there and to Ur. SW .A..!.~SOX. The Senator is making this mistake: obtain and acquire property down there, and who have become Article I doe. not com·ey property to Cuba. It simply re­ the fee simple owners of property. Under those circumstances linquishes the property. we owe a duty not only to Cuba, but to those American citizens ~Ir. McKELL.A.R. It is a quitclaim deed, and the Senator who are down there at our invitation. It is a duty that I do kno\Y: from having practiced law that a quitclaim deed con­ not believe we can conscientiously escape. As for myself I Yers title just like a warranty deed. It was a quitclaim deed shall not attempt to e cape it. of the title to the Republic of Cuba. l\Ir. President, I am one of those who believe that it is the The ·enior Senator from Arkansas said that the t niJecl duty of the American Government to protect its own citizens. States had never claimed title to the Isle of Pines. I want to I believe it is the duty of the Ameriean Government to protect call tbe attention of the Senate again to that splendid minority American citizens anywhere and e\·erywhere. That policy is report prepared by one of the greatest lawyers and one of the one of the dominating British policie , and has long been so. greatest statesmen this colmtry ever produced, the late John In this regard we may well follow her example. Especially T. Morgan, a •'enator from the State of Alabama, a man who .. e is our duty intensified and enlarged when the .American Gov­ name and fame are re pected by all. I do not see how a lawyer ernment inrites its own citizens to pursue a certain line of can carefully examine that gi'eat document prepared by Sena­ conduct. We have invited them !"o do certain things in the tor l\lorgan some 20 years ago, in which he demonstrates matter. Whether we were right or wrong about it is imma­ as it seem to me that the title to the i.Jand was then and terial. ·we have im'ited tho ·e people to go down there; we is now in the United State.·, and then claim otherwise. We urged them to go down there. Whether we were right or wrong ha\e by . olemn declaration two or three times resened and in urging them to go clown there, it ha.· been done and is past, excepted the question of the title to the Isle of Pines for and they ha\e acquired definite rights ~ nd interests. future consideration. It is in the constitution of Cuba itself. Mr. CAllAWAY. Mr. President-- We required Cuba to agree that the title ,,..as not in Cuba, and Mr. McKELLAR. I yield to the Senator from Arkansas. the very purpo. e of the treaty is to com·ey that which belongs Mr. CARAWAY. If any migrepresentations were made to to the United States. We are actually a king a consideration the American citizens, the American Government made them, for it. did it not? 1\fr. ROBINSOX. Mr. President, will the Senator yield Mr. McKELLAR. Yes. again? 1\Ir. CARAWAY. We ought not make Cuba pay for a 1\lr. McKELLAR. I yield, but I have just a moment or wrongful act of the American GoYernment, ought we? two left. Mr. McKELLAR. With the first part of the Senator's ques­ 1\Ir. ROBINSON. I merely desire to .., ay that the treaty tion I agree entirely. With the last part I do not agree at does not puq1ort to conyey title. It merely relinquishes auy all. In my judgment there can not be a doubt that America claim the United States may ha,·e. It is in the nature of a owns the title to this i ·land, and the reason why I say that quitclaim or quietus. is that title is not a vague indefinite thing floating around Mr. 1\IcKELLA.R. We are quitclaiming for a "Valuable con­ through the universe. That title has to come from somewhere sideration. "\\'e are quitclaiming for a >alnable consideration and has to go somewhere. The Cuban Government did not deal the title to the Lie of Pine to the Republic of Cuba. I ~ay directly with Spain. Spain conveyed the title to the United that if the island belongs to Cuba, as is contended by Senators States and the United States conYeyed the title to the Cuban on the other side, in God' name we should be generous enoucrh Government, but it excepted from its conveyance the Isle of and fair enough and just enough to convey it to Cuba without Pine . If that were not true, then there would be no nece"'sity any consideration. If we have no title to the island. why i!:l for this treaty at all. Cuba owns it now, if that is not h·ue. it that we are a king a con ·ideration for it? I say that we l\lr. ROBINSON. Mr. President, there is no question about ought to be big enough as a nation to con1ey it without con­ it under the Supreme Court decision. The case of Pearcy sideration if it does not belong to us. against Stranahan expressly holds that Cuba does own the l\lr. FLETCHER. 1\lr. President, may I ask the Senator a I sle of Pines. question? Mr. McKELLAR. Tha~ is merely dictum. It was not de­ Mr. McKELLAR. Yes; but please make it short. because I cided as a matter of fact. haye just a moment left. 1\Ir. ROBINSON. Yes; it was decided as a matter of fact. Mr. FLETCHER. I inquire whether or not it signifie: any­ 1\Ir. 1\fcKELLAR. That has been discussed here a number thing in the Senator's mind that at the time we made the or times. I do not agree with the conclusion of the dis- agreement of July 2, 1903, lea. ing Guantanamo and Dahia tinguished Senator from Arkansas. · Honda for a coaling station, naval base, and so forth, at that same 190 CONGRESSIONAL RECOR.D-SENATE ~lARCH 13 time and by the same authority and by the same officials rep­ islands now under Spanish sovereignty in the West Inclie~:· resenting both the Cuban Government and the Government of Three times in the protocol are the words used, and in each the United States, the first treaty of which the one now pend­ instance they are used, as I ha\e said, in connection witll the ing is a duplicate was entered into between the two coun­ words "Porto Rico." Since there are islands immediately trie ? Was it not a part of the same transaction? adjacent to the island of Porto Rico, such as the island of Mr. McKELLAR. I do not think that has a particle of Yieques, the island of Culebra, and. the island of ::uona, I effect on the question at issue here. Mr. P1·esident, in con­ contend that those words were meant to apply only to those clusion I merely wish to say that, having the e convictions as three islands. When we read the whole protocol and the to OUl' title, having these comictions as to the duty of the treaty based on it, any other conclusion, I submit, i · a!J;;o­ American Government to protect the rights of .American citi­ lutely impossible. zens whom we have induced to go to the Isle of Pines, I can The latter part of the protocol provides for what? It pro­ not find it within my view of what is right to 'Vote for this "fides for two sets of commissioners : One set to supenise treaty. Therefore, unless a re ervation which I ha\e prepared the e"Vacuation of Cuba and "the adjacent Spanish i.lands," and offered shall be adopted by the Senate, I shall 'Vote against one of which i the Isle of Pines; and the other et to super­ the ratification of the treaty. vise the evacuation of Porto Rico and !' other islan<.ls now Mr. BRUCE. Mr. President, it seems to me that the proper under Spanish sovereignty in the \Vest Indies." Surely it can beginning point in the discussion of the I le of Pines treaty not be contended for a moment, under the e circumstances, that i the Platt amendment, which was adopted on March 2, 1901, the one '"et of commissioners were to supervise the evacuation as a part of an Army appropriation bill. That amendment of the Isle of Pines as one of the " Spanish islands adjacent is digested into various articles. .Article VI provides: to Cuba " and that, yet, the other set of commis ioner were That the I le of Pines shall be omitt~d from tbe proposed constitutional also to supervi e the evacuation of the Island of Pine. ns boundal'ies of Cuba, the title thereto being left to future adju tment one of the islands "now under Spanish so1ereignty in the by treaty. We, t Indie ." Accept, however, the words "the adjacent Span­ i~h islands" as including the Isle of Pines and the words It i perfectly obvious that if there was any real contro­ "other islands now under Spanish soT"ereignty in the We.·t T"ersy as to the title to the Isle of Pine. this amendment left Indie.. , as limited to the island of \ieques, Culebra, and l\Ionn, tllat contro\er ·y exactly where it wa before. It did not vest and effect is given to every part of the protocol, an"f sir-:ter Republic of ours. It is one of our clo est neighbor . It Cuba. lies at OUl' "Very doors. Even if we were not di.<::po. ed to he an anybody believe that Congre~. was simply calling on generous to Cuba for any other rea. on, we hould be generous Svairi to relinqui8h the control of the island of Cuba as di "­ to her because she is one of our best cu tomers. Our import tingui. hed fr m iF-land. adjacent to Cuba, including the !~land from Cuba are larger than our imports from any other country of Pines, that had always been treated as part of Cuba. In in the world except Canada and the United Kingdom, and. our other words. can anyone belier-e that it was the intent of Con­ exports to Cuba are larger tllan oru· exports to any other cotm­ giT s that S11ain witlldraw its civil office1·s and its military try in the world except Canada the United Kinadom France, force from the island of Cuba but not from the Island of Germany, and Japan. Our import and our export trade with Pines ; that Cuba should be freed from the odious yoke of Cuba is greater in volume than om· import and export trade Svain but not the Isle of Pines 't Then the dedaration goes witll any other paJ.·t of Latin .America. 0Ul' exports to Cuba on to declare : amount to not less than 4.6 per cent of our exports to all coun­ tries, and our imports from Cuba to not less than 9.9 per cent That the United States di claims any disposition or intention to of all our imports from all countries. So, as a matter of mere t'XE.'rci e sov~reignty, jurisdiction, or control over said island, except self-interest, we should not be quick to cast discredit upon the for the pacification thereof. and a serts the determination when that owner hip of the Isle of Pines by Cuba, and moreover, as a i accompli bed to leave the government and control of the island to matter of sentiment and affection, we should be slow to do the its people. r-:ame thing. Not only are the Cubans connected with us by the Can anyone believe that this declaration, too, wa intended ''ery close t ties of commercial association, but we can not tu apply only to the island of Cuba, sti-ictly ·peaking, and shut our eyes to the fact that, in no limited sense, Cuban liberty that it wa · not the intent of the United States to di claim the is the child of the United States. In all probability but for our vurpo~e of exercising sovereignty over the Island of Pines but intervention the splendid valor and

kindling imagination of a true statesman, pointed out most the war when we claimed that this island belonged to us? 1\Ir. effecti"rely how generous, how magnanimous, how noble the President, the Isle of Pines was being advertised throughout our spirit of our people had ueen in dealing with Cuua. country as a very desirable place to live. Kow, are we to discredit that record? Are we to permit a The opportunities and advantages that it offered were held blot to deface that story? out to our people as an inducement to go there. Now let us see Are we to act as the individual so often acts, and acts to the ·what occurred. American citizens commenced to write to Fed~ cost of his character-that is, do a generous thing and yet eral officials here in 'Vashington expressing the desire to know accompanying the doing of it with some petty, selfish, irritating whether or not the Isle of Pines belonged to the United States. re ·ervation that destroys the whole effect of the act? For l\Ir. George Bridges, of Carlisle, Pa., addressed the following years the conciliation of the respect and good will of all Latin letter to the War Department here: America has been one of the cardinal objects of American policy. Are we to abandon this object and involve ourselves GE~TLEUEX: I am seeking information about the timber interests in in the bitter resentment of every country in Latin America, the Isle of Pjnes and would be obliged for any information you would ineluding Cuba? be able to give me, especially what will be the governmental status of For one, Mr. President, I do not believe that the American the island. Does it come in as Porto Rico or under the same condi· people will e-rer appro-re the refusal of this body to ratify the tions as Cuba? A.nd how can ·title be secured, etc.? I expect to go Isle of Pine treaty; and no" that they have been told by great in NoYember. For which information I will say thanks in advance. me11 a jealous of the national honor as Theodore Roosevelt, Yom;, John Hay, Elihu Root, and Charles Hughes and by the Su· preme Com·t of the United States that we have no title to the GEORGI!I BRIDGES. 'I I expect to operate sawmills. Am no land·grabber. I~le of Pines, I think that we should accept that conclusion and promptly carry it into effect. Here is the reply of General Pershing, then Assistant Adju~ The YICE PRESIDEKT. The time of the Senator from tant General in the ·war Department here at Wa ·hington: Maryland has expired. 1\lr. HEFLIN. l\Ir. PreJident, there is a great deal that I Sm: Referring to your communication of the lOth instant, soliciting should like to say in opposition to thi. · treaty. The time for information re. pecting the Isle of Pines, I am directed by the Assistant debate has been limitl?d to 15 minutes, however, and I can sa3• Secretary of War to adYise you that the island was ceded by Spain to but very little in that time. the 'nited States, ana is therefore a part of our territory, although it is attached at pre;:;ent to the division of Cuba for governmental pur­ One of my predece ·sors in this body, tlle late Senator ~!organ, pose . of Alabama, made the minority report again~t the adoption of this treaty. It is unanswerable. He was one of the most con. .\ copy of an official rE'port on the Isle of Pines is inclo ed for your scientious and one of the mo:-:;t profound statesmen that e-rer infot·!Ilation, and you are ad>ised that the disposition of public lands serwcl in this body. He had the confidence of the country. must await the action of Congress. The fact that he oppo ·eel the treaty would influence me to op. Yery respectfully, po$e it even if I hacl not read his report. But I have read hi. JOH~ J. PERSRIXG, report and I am con-rinced that he i~ right in the po~ition that Assistant Aajutaut General. he took in this matter. 1\lr. Pre~i

If it is done, I fear that trouble will come from it and that to say that we should refuse to ratify the treaty because Amer­ the United States will have to go there in some way to protect ican citizens' interests would be affected adver:ely should we the rights and lives of American citizens. ratify. That is not the question. The question is, To whom Mr. President, it is true that this h·eaty has been pending does the Isle of Pines belong? If it belongs to Cuba, then the here for nearly a quarter of a century, and I hold that the Cuban Republic should have it. If it belong. to the United fact that the Senate has failed and refused for more than 20 States, then the United States should keep it. The question of years to ratify it is a strong argument against its ratification. whether somebody has been mislell in im·e:::;ting money in the The Senator f1·om Maryland [Mr. BnucE] referred to our Isle of Pines should be settled by another tribunaL If, in fact, commercial relations with Cuba, spoke of the extent of our we have misled American citizens to their hurt, and they have export trade with Cuba. I appreciate that, but I put the some right to look to Government for redress, to which Gov­ rights of American citizens and my duty in the premises al.lovc ernment should they look-to the Government which misrepre­ any matter of traffic and barter. sented the facts or to the Republic which had nothing to do I do not want to sec these American citizens turned over with the misrepresentation? to Cuba. God only knows what will come to them if they are Mr. HEFLIN. Mr. P1·esident, will the Senator yield? turned over to tho e who will be in control in the Isle of Pines. llr. CARA'V AY. With plea. . ure. Of course, I can understand how the Sugar Trust and the Mr. HEFLIN. What object could Goyernment officials here Tobacco Trust would like to haye us give to Cuba this Amer­ have had in making misrepresentations to and deceiving pa­ ic:an territory. It is to their intere t. triotic citizens of the United States, when they aclvi.sccl them to Mr. snn.IO~ -s. :llr. Pre. ident, will tlte Senator pardon me go down and buy land in the I~le of Pine , stating that that one word? territory belonged to the United States? Mr. llEFLI ". The Senator will have to hurry, as my time Mr. CARAWAY. Let me ask the Senator a question. Sup­ h; short. po~e some Government official, howewr -roid of information he Mr. Sllli!OXS. I simply wanted to say, in reference to the might be, should advise somebody that it had been discovereu sugge:3tion of the • enator, that this treaty might have been in­ that the State of Alabama never \Ya a part of the Unitetl ·pired by the Sugar Trust or the Tobacco Trust, that Gen. Fitz­ State and induced people to make inYestments there, believing hugh Lee, after he had vi 'ited the i ~]and, made a report in that it still belonged to tbe Briti h Crown. Nobody would con­ whi<:h he Raid that the soil was nited for the successful pro­ tend that that misrepre;oentation alienated Alabama from the duction of neither sugar cane nor tobacco. l lnited .~tates, and nobody can sucre ~ fully contend that any Mr. HEFLIN. They are producing both there now. repre::;entntion made by an offic·ial of this Government, in how­ Mr. SHBIOKS. That the soil was only 2 inches deep, and ever goou or bad faith it may haye been made, would change that underneath that wa" sand. the status of the title to the I ::;le of PineH.

~lr. IIEFLL T . That situation i somewhat like the ineil1ent That qneJ·tion ha absolutely nothing to do with the matter where some 11eople speaking to n man who had been placed iu now before U;'. I am not without ~yrnpathy for the people jail said, "They couldn't put you in jail." Whereupon he ~aid, who made inr-estments there. If they were misled, if they actetl "But they did." in hou ~t. goou faith, believing they were investing in Amel'i­ And I understand that they are now producing both tobacco ean territory. and their investments are not so valuable when and ugar cane on the island. they discoYer that the title is in the i8land of Cuba, while tbat Mr. SU!llONS. Not successfully. giYe them no legal claim upon the Government, I, for one, :Mr. HEFI.... IN. Mr. President, let me . n:r, in conclusion, that \\Ould recognize their equitable rig-ht. and would say that this Senator Morgan, in closing this report, said in reference to the Government ought to make re titution to them becau e the mis­ American citizens living on the Isle of Pine. whose right. are repre ~emation wa · made to them. But under no theory coulll in-vol-ved: I conceive that the Republic of Cuba 1-ihould be compelled to pay for a mi ~ revre..;entation made by an official of the Uniteu Jn the opinion of the minority, these petitioners are a N'ting their States. rights in respectful terms and are entitled to a full and patient _hear­ Mr. HEFLIN. .hl1'. Pre ident, I will ask the Senator another ing by the Senate. If they are contemptuously tumed away without question. the security and p1·ote<>tion they honestly deserve, the Senate will .Mr. C.d..RAWAY. Very well. fail in its duty to tbem and to the country. J\lr. HEFLI.1. -. What doe ' the Senator do with the statement Two papet·s are hereto appended, marked "Appf'ndix Ill." that sboulu of .Mr. Hermann, then Commissioner of the Lunu Office, who be considered together. They are the agrei'ments relating to J!aval was afterwanls a Member of CongTe ' '. who ~aid that :McKinley tations in Cuba, and " The other side of the Isle of Pine que tion ; told him to print the Isle of Pine ' on the map a a part of our a. voke from the people," signed by A. A. Cole, of Chicago. territory? The facts stated by :Mt·. Cole and his arguments allow in a power· Ur. CARAWAY. I should ay that if the representation ful light our title to the Isle of Pines and the rea ons for holding were made in good faith and people were misled. it is the duty to it. They refute the policy of buying the Isle of Pines from Cuba, of this Goyernment, which made the misrepre ·entation, to mnke and the minority of this committee oppose any such arrangements. good in a financial way to the people ''; ho uffered ·lo s by Such oliers to Cuba are not dE>manded by justice, and thE'y only encour· reason of the misrepresentation on the pnrt of this Govern­ age Cubans in making unjust claims upon the United States. ment. Could the Senator from Alabama <:ontend that Cuba The VICE PRESIDEXT. The time of the Senator has ou"'ht to suffer because President McKinley wa mistaken about expired. who was the owner of the Isle of Pines? Mr. CARAWAY. "Mr. Pre. ident, I do not think I should he 1\Ir. HEFLIN. I am not willing to agree that President able to add materially to this discu sion, and therefore I rise U ·Kinley wa mistaken or that Federal Government officials for but one purpose. The question a to whethe1· the United \Yere mistaken or that Cuba i' right about it. I take the ide States misled ce-rtain citizens as to the true Fltatus of the Isle of my own counti·y on the que ·tion. of Pines, and induced them to invest there, has nothing to do 1\Ir. C.ARAWAY. The question of the representations, aud with the question as to \Yho owns the Isle of Pines. The ques­ the people acting upon them, bas absolutely nothing to do with tion as to whether certain American citizen will be affected our duty here. The question of American c:itizen · being there adwrsely if thi" treaty .-hall be ratified has nothing to do with rightfully or wrongfully has nothing to do with the title to the I sle of Pine . the que tion of the obligation resting upon the Senate to act. / If any misrepre entation · were made a.· to the ownership of Mr. HEFLIN. If it appear that the P1·e:o:ident directed that the Isle of rine , they were made by the United States. "Gncler it be printed on our map a ·· a part of the tenitorr of the what theory, then, could we insist that Cuba' right should be rnited States, due: not that connn<:e the ~enutor that the only prejudiced because we made statements to our citizens whicll man who had the right to negotiate treatie: knew it to be the fact did not betu out? In other words, why should we ask United State" territory? Cnha to surrender title to a part of her territory because we l\Ir. CA.RAWAY. Oh, no. That doe not show that he wa-; made r presentation" to orne of our citizens that the island right about it. The fact that he repudiated hi· own po~itiou wa, American and not Cuban territory? Xobocly could justify and tll.at all the Goyernment officials concerned recognized that himself for so doing, and therefore the question of whether they were lllh;taken would be more con-vincin~. there are American citizen upon the I le of Pines, and nuder 1\Ir. HEFLIK. President .1\IcKinley ne>er

M:~:. CAR A. W .A.Y. How does this question ever come in dis­ PERSONAL STATE.ME~T pute if there never wa any question about where the title of Ur. COUZENS. Mr. President, a few days ago "·hen tlJere the Isle of Pines belonged under the treaty? was debate going on in the Senate with relation to the so­ Mr. SWANSON. Mr. President, will the Senator permit me called Republican irregulars or radicals, I drew the attention to tell the Senator from Alabama where McKinley repudiated of the Senate to what I said was a disciplinary proposal from his po ition? the 'J.lreasury Department to place an additional tax upon my­ Mr. CARAWAY. I shall be very 'Tilling to have the Senator self. During the course of those remark~ I . tated that in my do that. opinion the proposed additional tax had been computed in the 1\Ir. SWANSON. President McKinley repudiated it when Treasury Department. I made that statement for the rea::;on he ordered an election in Cuba, for all tile inhabitants of that the Commi -sioner of Internal Revenue declined to tell Cuba-an election for the choosing of delegate· to a conJ:;ti­ me who had matle the additional computation and proposed tutional convention, to a legislative body, and the people of the the additional tax. I le of Pines, under that order, voted with the Cuban people Since making that statement I think it i clue to the Treas­ under the direction of the President. ury to say th~t I am in receipt of information which indicates Mr. HEFLIN. General Pershing set out that they were that they did not make the computation, but that the compu­ under Cuba for governmental purposes for the time being, not tation wa made by a firm of tax experts or lawyers, or both, conceding the title. by the name of Thompson & Black, of New York. I am aL~o 1\Ir. CARAWAY. Does that mean that they were given the informed from sources that seem reliable that the information right to participate in the government of a territory to which has been in the hands of the Treasury Department for over they owed no allegiance, and which had no control over two years. I am informed that the Treasury had the infor­ them? But I do not see that we get anywhere by this constant mation in the fall of 1922, that the information was ubmitted wrangling. to the Treasury in an effort to "get" Mr. Ford, who was at The Senator from Tennessee has introduced a resolution, in that time in a political fight with l\Ir. Truman H. Newberry, the way of ·a reservation, which the property owners clown who later resigned from the Senate. I think that was in the there desire. That is, they want the American market without late fall of 1922. I am informed that the computation was having to pay duty. That is the question here before the Sen­ arranged by this firm largely be<:ause of antagonism to Mr. ate. There is not a person I know-and I am acquitting Ford and in an effort to discredit his campaign against Mr. Senator , because they act upon the information they have, and Newberry. they have a perfect right to do it-there is not any well-con­ I am also informed that during the ummer of 1922 a sidered authority that I know anythjng about that contends Washington newspaper correspondent was a signed by hi that the Isle of Pines belongs to the United State . The only paper to investigate the methods used by the Trea ·ury in appeal that has been made to me the only contention that has arriving at the figure-- been made upon the fioo1· of the Senate, is that if we ratify this Mr. SHORTRIDGE. Mr. President-- treaty we leave at a very great disadvantage certain American The VICE PRESIDENT. Does the Senator from lfichigan citizens who went to the Isle of Pines under the belief that it yield to the Senator from California·: was a part of the territory of the United State . That is the Mr. SHORTHIDGE. I rise to a point of order. I dislike only argument th~ t is made, and a moment ago the Senator very much to interrupt the Senator·s statement, hut I submit repudiated the justice of that argument by saying he did not that under the unanimous-consent agreement the f::enator from stand upon it, although that wa his entire argument. He !\lichigan is out of order. A I under tand the spirit, the said that he did not want white people to be put under negro purpo e, the very meanin" of the unanimous-consent agreement rule. I had thought that Cuba was a Government with some which we entered into last evening, it was and is that from claim to civilization. But certainly we can not take away terri­ 12 o'clock on, if necessary, until 3 o"clock, the Senate shall tory that belongs to somebody else because our citizens do not devote its attention exclu ively to the suiJject of the proposed like the Government under which they find themselves living. treaty with Cuba with reference to the title to the Isle of There has been constant complaint about the Mexican Go\ern­ Pines. ment, but we have not thought that we had a right to annex :Mr. COUZENS. Mr. President, I am ri ing to a point of per Mexico because we had certain investments in :Ue:rico of which sonal privilege. we do not feel thut they have been alto(J'ether considerate. The VICE PRESIDENT. The Chair rules that the point of We did not believe that we had the right to take the island of order is not well taken. Haiti and San Domingo, although we objected very strongly l\Ir. HEFLIN. I , uggest that the time occupied by the Sena­ to the treatment received by our citizen from the Govern­ tor from California be not taken out of the time of the Senator ments there. from Michigan. This consideration does not affect the title to this island. It The VICE PRESIDENT. If there 1s no objection, it will be gives America no legal claim to the territory, and that is the so ordered. only question. I think the only consideration that ought to Mr. SHORTRIDGE. 1\fay I a.sk if the ruling of the Chair move Senators in determining whether or not they will vote to is based on the statement of the Senator from Michigan that I'atify or reject the treaty with reference to the Isle of Pines he rises to a question of personal pr~vilege? is, does the territory belong to us or does it belong to the The VICE PRESIDENT. No; the l'Uling of the Chair is Republic of Cuba, not whether American citizens will be based on a reading of the unanimous-con ... ent agreement. advantaged or disadvantaged by reason of the fact it may be de­ Mr. SHORTRIDGE. "Very well. termined to be American or Cuban territory. Mr. COUZENS. I shall not take the full 15 minutes which l\Ir. HEFLIN. 1\Ir. President, I suggest the absence of a I might take to talk on the treaty, because I am not going to quorum. talk on the treaty. The VICE PRESIDENT. The Clerk will call the roll. The point I wanted particularly to correct wa the impre. - The roll was called, and the following Senators answered to sion, if not the absolute statement I made, that those figures their names : had been computed in the Treasury for the purpose of arriving Ashurst Fernald Ladd Reed, ~Io. at this assessment. I believe that was an error. I believe the Bayard Ferris McKellar need, Pa. figures were computed by others. I believe they were computed Bingham Fess l\IcKinley SRckett by the firm of Thompson & Black, of New York, and I believe Blease Fletcher McLean Schall Bratton Frazier McNary Sheppard they were in the hands of the Treasury as early as the summer Brookhart George Mayfield Ship tead of 1922. If that is so, I submit that the Treasury was on notice Brou sard Gerry ~leans Rhortridge Bruce Gillett lletcalf 8immons not only six days in advance of the expiration of the statute of Butler Glass Moses Stan1kld limitations, but it was on notice two years and three or four Cameron Goff Neely .. wanson months earlier than the expiration of the statute of limitations. Capper Hale Norbeck Trammell Caraway Harreld Norris 'l'yson I submit that it is perfectly apparent that if the Treasury wa Copeland Harris Oddie Wadsworth on notice in 1922 at a time prior to the time when I became a Couzens llarrison Overman Walsh · :\!ember of this body, that was the time for them to have taken Cummins Heflin Pepper \\atson Curtis Johnson Pine Weller action. But no, they waited until within six days of the ex­ Dill Jones, Wash. Pittman Wheeler piration of the statute of limitations ; they let all of the latte1· dn Pont Keyes Ralston Willis part of the year 1922, the entire year of 1923, the entire year Ernst King Ransdell of 1924, and over two months of the year 1925 go by before they The VICE PRESIDENT. Seventy-five Senators having an- thought they were justified in making t.he additional assess­ swcred to their names, a quorum is present. ment. Kotice of the assessment has been served upon my legal LXVII-13 194 CONGRESSIOX ....\_L RECORD-SEX.ATE ~f~RCli 13

residence in Detroit in the sum of $10,SG1,131.G3, and I have United States to annex Cuba, we declared to the world ·our lJccn notified that if I am to be sa\ecl wllole I must put up a purpo e not to exercise so\ereignty O\er the I ·land of Pines lJond to that extent. but to transfer it, if any transfer from us was nece sary, to the I tllink it mu ·t be apparent to the :\Iembers of this body what people of Cuba. the real purpo.:e is back of the assessment. I am asking for no That may not be a satisfactory reason to anyone else, but it sympathy. I am simply drawing the e matters to the attention is so to me ; and I think it would be singularly unfortunate of tile Senate, ~o that Senators may understand the price they Mr. President, if the people of the United States, represented perhap · will ha\e to pay if they attempt to interfere with or by the Senate of the United States should not recoO'nize in di ·credit in any way the conduct of the Treasury Department. thi · instance the binding force upon 'them of that adjudication SALE A..'D EXPORT OF FARM H!PLEMEXTS by the Supreme Court of the United States. We llave held Mr. REED of Missouri. Mr. President, as in legislative up to the people of the world the Supreme Court of the United ses. ion, I ask unanimous consent to introduce a resolution for States as a model of what a tribunal dealing with international which this afternoon I am going to ask consideration. For pro~le~s should be, and if we should now attempt to make a the information of the Senate, I ask unanimous consent that dlstmctwn between a matter which was decided by the court it may be read at this time. It is short. as of necessity in order to arrive at the judgment which it The VICE PRESIDENT. Is there any objection? If not, rendered and a matter which though under consideration was the resolution will be read. not necessary, asserting that the remarks in the opinion of the The resolution ( S. Res. 33) was read and ordered to lie on court on the subject were in the nature of obiter it seem to me it would be singularly unfortunate and leav~ a most un­ the table, as follows : favorable impression. Whereas in the year Hl~4, the export of agricultural machinery I desire, however, Mr. President, to advert to one line of and implements exceeded the export of 19~3 by over 10 per cent ar.gum~nt which was pursued in this matter, which, to my and these exports included threshers, horse and power plows, drills mmd, 1s not well founded and might lead to very Wlfortunate and seeders, and all varieties of agricultural implements among which consequences. I refer to that line of argument which main­ were 24,053 wheel tractors valued at $13,178,332, an average of only tains that, if we can act in the matter at all action must be $:548 each, and harvesters and reape1·s valued at $7,630,288; and taken by a joint resolution of both Houses' of Congress or 'Whereas the Secretary or Agriculture in his annual report for 1924 some other proceeding by Congress rather than by treaty states as follows : The contention is made, as I understand, that by virtue of th~ " Probably we mu~t be prepared for a further decrease in our farm original treaty of Paris title to the Isle of Pines passed to the exports. European agriculture is getting back on its pre-war produc­ Government of the United States and that it is beyond the tiveness and the competition of other surplus food producing nations power of the treaty-making authority, the President and the whose land and labor is cheaper than ours is increasing in the Senate, to dispose by treaty of any territory over which the European market " ; and Government of the United States exercises jurisdiction. That Whereas it is charged that the prices of farm implements purchased argument seems to be founded upon some line of thought by the farmers of the United States inrreaRed on an average or 73 pursued by Senator Morgan, of Alabama. It is based upon the per cent during the period from 1914 to 1918, inclusive, and that such second clause of section 3 of Article IV of the Constitution increa e resulted in enormous and unjustifiable profits to the manu­ which reads as follows: ' facturers and dealers during said period, and it is further charged that in part such excess prices were the result of unlawful under­ The Congress shall have power to dispose ot and make all needful standings, agreements, and combination ; and rules and regulations respecting the territory or other property be­ Whereas 1t is charged that the protected manufacturers of farm longing to the United States. implements sell such implements in foreign countries to the competi­ That part of the Constitution, Mr. President, I think by tors of the American farmer for substantially le ·s prices than they adjudications of the Supreme Court of the United State 'can exact from the American farmer; and have no possible application. Everyone will recognize the Whereas if such custom does in fact exi t it is mauifestly unjust difference between sovereignty exercised o1er a territory and and unfair to the American farmer: Therefore be it the ownership of property by the Go1ernment. This clause Resolved~ That the Federal Trade Commission be reque ted to in­ of the Constitution does not refer at all to the exercise of vestigate and not later than December 7, 102G, report to the Senate so1ereignty. It refers to the property rights of the United whether dUTing the past 10 years or at the present time there have States. ~rhat is perfectly evident because it is foWld in been or are any agreements, arrangements, under tandings, combina­ section 3 of Article IY, which deals with the admission of tions, or conspiracies between American manufacturers or dealers in new States into the Union. It was contemplated at the time agricultural implements to fix prices, restralu competition, or other­ the Constitution was adopted that new States would be carved wise to do any acts or things in violation of what are commonly out of the Northwest Territory and from time to time be ad­ known as the trust statutes of the United States, and also whether mitted illto the Union, and at the same time the \arious State such manufacturers ot· dealers are now or have been selling agri­ claiming the owner hip of land within that territory ceded cultural machinery or implements in foreign countries cheaper than their rights to the Go,ernment of the united States so that the same or similar machinery or implements are sold to the American it became the owner of the land or a large portion of' the laud farmer and the extent or. such shipments and practices. which was within that territory. The second clause of ection ISLE OF PIXES TREATY 3 of the Constitution relates to the disposition of that land The Senate, in open executive session and as in Committee and it i · perfectly evident that the use of the word "territory ,: of the Whole, resumed the consideration of the treaty between refers to ownership of land, because it is followed by the the United States and Cuba, signed March 2, HlO-!, for the ad­ language "or other property." justment of title to the ownership of the Isle of Pines. While the Government of the United States exerci es so\er­ The VICE PRESIDENT. If there are no amendments to be eignty over the District of Columbia and e\erything within proposed, the question is on agreeing to Article I of the treaty. it, it does not own all the land within the District of Columbia. Mr. "r ALSH. Mr. President, I desire to say a few words on So in my State the GoY"ernment of the United States owns a the pending treaty and to express my purpose to vote in favor very considerable area of land, the public land, but it does of its ratification. I reach that conclu ion mainly by reason not own all the land in my State, much of it having passed into of the fact that, in my judgment, the matter has been passed private o''i'llership. However, it exercises sovereignty over the upon by the Supreme Court. I realize that in all probability whole State. So that, Mr. President, this particular clau··e of the determination of the question at issue by the court was not the Constitution does not at all affect the que 'tion of sover­ necessary in order to render in the case the judgment at which eignty over the Isle of Pines. the court arrived, and it may be said that what was said in In my mind, sovereignty over the Isle of Pine can be sur­ connection with the matter wa in the nature of obiter ; but rendered, no doubt, by treaty. If we owned property in the that is of very little consequence to me in this connection. The Isle of Pines itself, if the Government of the United States matter was actually considered by the court; both sides of the owned some property there, that property could not be dis­ question at is ue were pre ented for the consideration of th~ po ed of without an act of Congress. judg·es, and six of the eight judges sitting in the case reached But it is also contended, Jllr. President, that the treaty­ a conclusion that the I~le of Pines is and always has been making power of the "Cnited States does not extend to the ·or­ con~idered to be a part of Cuba in exactly the same sense as render of territory O\er which the Government of the 'Cnltcd other outlying islands are regarded as a part of Cuba. It State ha acquired sovereignty. I do not agree with that; seems to me, therefore. accordingly that when we pledged the indeed, I haye heretofore stated on the floor that, in my judg­ people of the United States to establish the independence of _ment, the treaty-making power extend. so far as that the Cuba, and declared that it was no part of the purpose of the St~te of ~fontana might be ceded to the Dominion of Canada \

CO~Gl{ESSIO~..lL RECORD-SENATE 195

and the State of Maine or any other State in the United States which I have adverted, and without taking the time of tl.u:• Sen­ might ue ceded to another country. . ate I a k leave to insert at this place in the RECORD ~ection 99 Howe\er it is not necessary to go that far. The question of of this volume. wl1ethl'l' the Uuite l States can cede sovereignty over territory The VICE PRESIDEKT. Jf there i no objection, it will be oyer which it ha exercised sovereignty iB pre ~ ented in three so ordered.

boundaries, a , for instance, in the northeastern boundary Ll!Tom Treaties, Their '.Makin~ and Enforcement, by Samuel B. question and in the northwestern boundary question. In the Crandall] t·a ·e of the northeastern boundary question the Government of the United States claimed to exercise jurisdiction over ter­ SEC. 99. Power to cede territory.-In the Federal ConYention, Au­ ritory which iB now within New Brunswick. In the case of gust 15, 1787, while the treaty power was still ve ted in the Senate the northwestern boundary it claimed to be entitled to juri - alone, George Mason, in urging that :ill bill for raising or appropriat­ diction over territory now in the Dominion of Canada; but by ing money should originate in the House of Representatives, said that treaty we surrendered all of our claim in both instances. he was extremely anxious to take this power from the Senate, which Second, it may pre ·ent it elf with reference to territory " could already sell the whole country by means of treaties." " The with respect to whi<:h there is no dispute but which lies Senate might," be added, "by means of treaty alienate territory, Pte., beyond the continental .area and not within any particular without legi 'lative sanction. The cessions of the British i lands in the State. We ha\e by treaty sunenderea juri diction over terri­ West Indies by treaty alone were an example. If pain should po ses tory of that character-for instance, the Samoan Island·. We herself of Ge.orgia therefore, the Senate might by treaty dismember the once exerci ed jurisdiction over those islands, but we ur­ Union." Elbridge Gerry on August 17, in supporting a motion to give rendered it. Take the Philippine ; if the doctrine is correct Congref' the power to malce peace, said: "Eight Senators may possibly tllat we can not by treaty urrender sovereignty, we could exercise the power if vested in that body, and 14 if all should be pres­ neveT transfer the Philippines to any other country, if we ent, and may consequently give up part of the United Sta te . ." On September 7, during the debate on the question of the proportion of the ~aw fit to do so. Senate to be required for concurrence in treaties of peace (it haYing Finally, it may present itself as a question a ~ to whether te.rritory within a State may be ceded. That is a question been voted to except them from the requirement of a two-third>< Yote) , upon which very considerable controver y has arisen ever since Gerry urged that a grea ter proportion should be required than in case the adoption of the Constitution, and with re pect to whkh of other treaties, since in treaties of peace the dearest interest-; would some of the ablest expounders of the Constitution have differed. be at stake, such as the fisheries and territories. He objected to put­ ting the " es. ential rights of the Union " in the hands of a majority of It i not, however, of grave concern here, because this particu­ lar territory is outlying territory ; it is not within the juris­ the Senate which might represent le ~ than a fifth of the people. An diction of any State, and there can ari -·e no po sible question, amendment was offered by the terms of which no treaty of peace should if precedent is to be regarded, because it is in exactly the be entered into whereby the United States should be deprived of any of .·arne situation as were the Samoan h;lands, jurisdiction O\er their present territory or rights without the concurrence of two-thirus of the Memi.JPrs of the Senate present. .Another amE'ndmcnt was offered which, as I hav-e said, we sunendered. which provided that no rights established by the treaty of peace should The v-arious pllases of the question and the controversies in be cedf>d without the sanction of the legi lature. Upon a reconsidera­ which it arose are collated in Crandall's Treaties. '.fheir ~laking tion of the clause the exception as to treaties of peace was s tricken out. and Enforcement, at section 99. It is introduced by the follow­ . In the \irginia convention that ratified tl1e Con titntion Patrick ing comment: Henry, in a bitter attack on the treaty-making provision, said that the In the Federal onvention, August 15, 1787, while the trE> ary power Pre ident and two-thirds of a quorum of the Senate "might relinquish was still vested in the Senate alone, George :;\lason, in tuging that and alienate territorial rights and our mo t valuable commercial ad­ all bills for raising or appropriating money should originate in the · vantages. In short, if anything should be left us, it would be because House of Representatives, said that he wa extremety anxiou to take the President and Senator · wPre pleased to admit it." George :lla on, this power from the Senate, which "could already sell the whole [ in the.same convention, declared that there was "nothing in the Con· country by means of treaties." titution to hinder a di'lmemberment of the empire" ; and he urged the Continuing he added: adoption of an amendment by which it should be expre sly provided ' that no treaty to dismember the empire should be made except in case The Senate might, by means of treaty, alienate territory, etc., with- of the mo t urgent and una>oidable necessity, and then only with the out legi lative sanction. Th~ cessions of the British islands in the con cnt of three-fourths of both branches of Congre s. :\L'ldison. in We l": t Indies by treaty alone were an example. If Spain hould pos ess replying to these objections, said: "I do not conceive that power is lwr elf of Georgia, therefore the Senate might by treaty dismember the given to tlle Pr~..sident and Senate to dismember the empire, or to nion. alienate any great, es entlal right. I do not think the whole leg i <~ l a tive .And when the Constitution wa,s before the legislatureg of authority have this power." Grayson contended that express provi, ion the various States for ratification, particularly before the ought to be ronde that no dismemberment should take place without Legislature of the State of Virginia, it was violently attacked the consent of the legislature. He added: "There is an absolute neces­ upon the ground that the treaty-makiug power extended so sity for the existence of the power. It may prevent the annihilation of far as that by treaty the Union might be dismembered. That society by procuring a peace. It must be lodged somewhere. The wa urged again before the legislature by George Mason, and opposition wish it to be put in the bands of three-fourths of the was met by Jame Madison with the contention that the treaty­ ){embers of both Houses of Congress. It would be then secure. It is making power did not extend o fa.l'. Mr. Madison said in not so now." Similar objections were raised in the fir t North Caro­ that connection : lina convention. An amendment to the Constitution, that no treaty ceding or compromising in any manner the rights or claims of the I do not conceive that power is givt-n to the President and SPnate United States to territory, fisheries in the American seas, or naviga­ to dismember the empire or to alienate any great, essential light. tion of American rivers should be concluded except in case of the most I do not think the whole legislative authority have this power. urgent and extreme necessity, and then only with the concurrence of But it will be remembered, 1\Ir. President, that there was three-fourths of all the Members of both Houses of Congre. s, was pro­ a very close fight in the Virginia Legislature over the adoption posed both by the Virginia convention aud by the first North Carolina of the Constitution, and this was one of the strong arguments convention. made by those who, led by Patrick Henry, were in oppo ·1- The question ru; to the power of the Central Government to cede by tion, and .Mr. Madison on that occasion was under every treaty territory lying within a State came under consideration in possible constraint to meet the at·guments of his opponents and President Washington's administration during the negotiations with yield nothing that would imperil the re olution of ratification. Spain relative to the boundary between Georgia and the 'Floridas. So, although I ha\e a most profound respect for his opinion In the draft of the instructions of March 18, 1792, to Carmichael and upon all of these questions, I do not conceive that the opinion Short, the American commissioners, Jefferson, Secretary of State, expressed by him on that particular occasion is entitled to the stated that the right to alienate even an inch ~f territory belonging to a weight which it would have and should receive under other member of the Union did not exist in the Central Government. In an­ circumstances. My \iew about the matter is that the treaty­ other part of the instructions he admitted that, as the result of a dis­ making power extends to all subjects which are ordinarily astrous war, necessity might compel an abandonment of a part of a subject to negotiation between independent nations. State. llamilton, in COJll.lllenting on these instruction , expressed I can find no other restriction upon the power to make doubt that there was such a limitation on the power of the Central treaties, and of course the cession of territory from one gov­ Government to accommodate itself to exigencies that might arise, ernment to another is one of the most common things in the especially as to unpeopled territory. The instructions remained un­ negotiation of u·eaties between independent powers. changed . .A I say, however, the subject as it has been considered at • During the northeastern boundary controversy the Legislature of various times is treated at length in this section of the work to Massachusetts in 1838 passed a resolution in which it was asserted 196- CO.lTGR- ESSION~~L RECORD-SEX..:\.TE ~lARCH 13 that no power delegated to the Central Government by the Constitution action of the Government or of its departments anll thos arising fl'om authorized it to cede territory within the limits of the States of the the nature of the Government itself and of that of the States. It U nlon. To a request of Edward Everett, Governor of Massachusetts, would not be contended that it extends so far as to authorize ·wh.1t for an opinion on the re olution, Mr. Justice Story, in a private com­ the Constitution forbids, or a change in the character of the Gov('ru­ munication dated April 17, 1838, replied that he could not admit it to ment or in that of one of the States, or a cession of any portion of th . he universally true that the Government of the Gnited States was not territory of the latter without its consent. Fort Leavenworth RaUr ad autlwrizcd to make such ce ions. He recalled that Chief Justice liar· Co. v. Lowe (114 U. S. 52:i, 541}. But with these exceptions it is not shall, when the question was under discussion some years before, was perceived that there is any limit to the questions which can be adjostt>tl "unequivocally of opinion that the treaty-making power did extend to touching any matter which is properly the subject of negotiation with case' of cession of territory, though he would not undertake to say a foreign country." Likewise Mr. Justice Whlte, in his concurring that it couls ity of a settlement of ~Ir. Webster, in the final negotiations for the settlement of the boundaries it may be that citizens of the United Sta te may 1>e l:'s:­ boundary, for reasons which were not necessarily constitutional ones, patriated by the action of the treaty-making power implledly ot· sought to a certain extent the cooperation of the States of Maine expressly ratified by Congress. But the arising of these particula•· and Ma ssachusetts. Shortly after the arrh·al of Lord A.shburton, let· conditions can not justify the general proposition that territory which t t>rs were addre sed to the two Stat~ inviting the appointment of is an integral part of the united States may, as a mere act of sale, lit: commi ·sioners to confer with the Central Government as to terms, disposed of." conditions, considerations, and equivalents, with an understunding that In the con,ideration of this question a distinction is to be made no line would be agreed u110n without the as cnt of uch commission· between territory organized into States and that still in Terl'itorial ers. Commissioners were duly appointed, and the final settlement form. In re pect of territory within the bounduries of a State, it irl wa communicated to them for appt·oval before the treaty was signed. not to be con idered that the President and Senate will ever attempt Tue tl'eaty was not strictly a determination of the actual line but a by treaty to transfer title and sonreignty to a foreign power, except friendly adjustment of it, in which it was admitted that concessions in case of extreme necessity in making terms of peace or in establish· had been made on the northeastern boundary in con ideration of ing boundarie . That the President and Senate, exclusively intrusted equivalents elsewhere recei>ed. By the same instrument the united l'Y the Constitution with the power of making treaties and without States agreed to pay to the two States in equal moieties the sum of express limitation and charged with the duty of conducting all negotia­ ~ 300,000 "on account of their assent to the line of boundary de· tions with foreign powers, have the power to meet such an exigency, scribed in thi · treaty, and in consideration of the conditions and should it arise, is not to be doubted. Treatie for the &ubmis ion to equivalents recei"red therefor from the Government of Her Britannic arbitration of di puted boundaries which have in>olved territory over Majesty." The stipulation in Article IV of the treaty, that all grants which States claimed juri diction have from the first been concludt'd, of land theretofore made by either party, which by the treaty fell and their -validity has never been successfully assailed. Mr. Justice within the dominion of the other, should be held valid, ratified, and McLean, in the case of Lattimer v. Poteet, observed : " It is. a confirmed to the person in possession under uch grant to tho arne sound principle of national law and applies to the treaty-making power extent as if such tenitory had by the treaty fallen within the clo· of thi Gonrnment, -whetller exercised with a foreign natiCI•..l or au minion of the party by \Yhom such grants were made, was held by the Indian tribe. that all questions of disputed boundaries may be settled Supreme Judicial Court of :Maine for the county of Washington to be by the parties to the treaty. And to the exercise or- these high func­ so far self-operative as to confirm the grant without the aid of legi ·la· tious by the Go>ernment within its constitutional powers neither tlte tion; and that one, who at the time of the ratification of the treaty right of a State nor those of an individual can be interposed." .\ wa , and for several years prior thereto had been, in posses ion of treaty for the determination of a disputed line operates not as a treaty land under a grant from the Province of New Brunswick, bad, by of cession but of recognition. virtue of this article of the treaty, a title good as against one claim· In respect of teLTitory not within the boundaries of a State. the ing under a grant from the State of Massachusett , although the Central Go.-ernment exercises, subject to the expre s prohibitions of land in que tion lay within the limits of the United States as con· the Constitution applicable thereto, all the powers of go>ernment en· ventioually established by the treaty. In the co-urse of the opinion joyed by both the Cenh·al and State Govt>rnments over territory within Shepley, C. J., said: "It is the duty of this court to consider that the limits of a State. Accordingly, the power to cede such teiTitory, treaty to be a law operating upon the grant made under the authority if it exists as a power of gowrnment, re~iues in the organs of th of the British Government, and declaring that it shall be held valid, Central Govemment. That the consent of the inhabitant of the teiTl­ ratified, and confirmed. It is further insisted that it can not be per· tory to be ceded is e sential to give validity to the transfer can not mitted so to operate and thereby defeat the title of the demandant to be maintained. The power to cede outlying territory is no less e ·sen· the land without a violation of that provision of the Con. titution of the tial to the full exercl.,e of the treaty-making power of the L.nit d United States which declares that private property shall not be taken States, which "extends to all the proper subjects of negotiation b - for public use without just compensation. It is not in the argument tween our Government and the goYemments of other nation. ,'' than denied that public or private property may be sacrificed by treaty; is the power to acquire. \ariqus tt·eaties have been concluded u.v but it is said that such a provision of a treaty as would take pri>ate which the "Gnited States has relinquished extraterritorial rights tht're· property without compensation mu t remain inoperative or suspended tofore enjoyed in other countl'ies. By the convention between the until compensation bas been made. Such a construction would in­ United States, Great Britain, and Germany, signed December ~. 18!1!), fringe upon the treaty-making power, and make its acts depend for the rutted States renounced in favor of Germany all its rights and theit· validity upon the will of the legislative department, while the claim in respect of certain islands of the Samoan group, in considera­ Constitution provides that treaties shall be the supreme law. The tion of like renunciations by Great Britain anu Germa.ny in favor of clause of the Constitution referred to is a restriction imposed upon the the United States of all rights and claims to the island of Tutuiht legiRlative department in its exercise of the right of eminent domain. and all other islands of the Samoan group east of longihlde 171 • It must of necessity have reference to that department, which has we t. As the result of decisions of tribunals of arbitt·ation. to the power to make compensation, and not to the treaty-making power which the determinations of disputed boundary lines ha\·e been rt>­ which t>an not do it. This provision of the Constitution will not pre­ fen·ed, teiTitory over which the United States had theretofore exer­ vent the operation of the treaty upon the grant of the tenant. -• • • cised jurisdiction has fallen Vi1thin the jurisdiction or foreign powers. The demandant must seek compensation for the loss of his land from Thus, to take a recent case, by the decision of the Alaskan boundary the justice of his country." As a result of this decision numerous tribunal, constituted under the treaty with Great Britain of Jamwt·y claims were presented to and paid by Congress for compensation for 24, 1903, to determine the boundaries of Alaska. as de cribed in the land, title to which was lost by operation of Article IV of the treaty. treaty between Russia and Great Britain of 18!!5, ·wales Island fell In Fort Leavenworth Railroad Co. v. Lowe Mr. Justice Field, in to Great Britain, although Russia and her successot·, the l:nited State'!. delh·erin& the opinion of the court, observed that before the cession to had continuously exercised jurisdiction oYer tho island since 18::!5, a foreign country " of sovereignty or political jurisdiction " over terri­ in which Great Britain had acquie ced. It also appear that the tory within a State could be made the consent of the State was neces­ Government of the United States had erected a public building on sary, and that conversely a State could not make such cession without the i land. In treaties for the adjustment and direct settlement of tile concurrence of the cetUral Government. The case decided in this disputed boundaries, notably in case of the Oregon treaty of 1846 and relation only that lands acquired by the Central Government in a of the Florida treaty of 1819, the United States .has accepted, iu State without the consent of the latter were exempt from the legisla­ compromise, boundary limits much more restricted than those to tive power of the State only when such lands were used as instru­ which claim had been made. In the Oregon treaty the l nited • tates mentalities of the Central Government, and that lands acquired with . accepted the forty-ninth parallel, although the parallel of 54" 40' bad the consent of the State for purposes specified in Article I, section 8, been claimed. In the reciprocal renunciations of the Florida treaty of the Constitution were entirely exempt from State legislation. The the United States, in the language of the trea.ty, agreed to •· cede to same learned justice in the case of Geofroy v. Riggs said : " The treaty His Catholic Majesty, and renounce forever, all their rights, claims, power as expressed in the Constitution is in terms unlimited except and pretensions to the territories lying west and south" of a line by those restraints which are found in that instrument against the beginning at the mouth of tho Sabine, The United States bad claimed 1925 CONGRESSIONAL RECORD-SENATE 197

the Rio Grande as the boundary. In referring to the Florida treaty, seriously interfered with the alleged independence of a sov­ President :llonroe, in his annual message of December 7, 1819, said: ereign nation through the adoption of the Platt amener enter into any treaty for the "fixation " of prior limits, the consent of Congress was neces­ or other eompaet with any foreign power or powers which will impnir sary; but that in the Florida treaty it was not pretended that the ob­ or tend to impair the independence of Cuba, nor in any manner author­ ject was simply a declaration of where the western limit was; that it ize or permit any foreign power or powers to obtain by coloniz.'l.tion, was, on the contrary, the case of an avowed cession of territory from or for naval or military purposes or otherwise, lodgment or control the Dnited States to Spain. over any portion of the said island. Mr. Lowndes, of South Carolina, in replying to )Jr. Clay, said : "In ART. 2. That the said Government shall not assume or contract relation to questions of boundary it was admitted on all hands that any public debt, to pay the interest upon which. and to make reason­ the treaty-making authority was competent to their adjustment; its able sinking-fund pt·ovision for the ultimate discharge of which, the competency must be equally admitted in relation to all unadjusted ordinary revenues of the island of Cuba, after defraying the current claims. He submitted then to the committee whether there could be expenses of the Government, shall be inadequate. any case of .an adjustment of a claim to boundary which did not include AnT. 3. That the Government of Cuba consents that the t'nited a cession of supposed right to territory by one or the other party. States may exercise the right to intervene for the preservation of You may establish points; you may say there a colony was planted, Cuban independence, the maintenance of a government adequate for the here a man was shipwrecked; you may assert that these points include protection of life, property, and individual liberty, and for discharg­ the territory to which you have a right ; but the lines of your boundary ing the obligations with respect to Cuba imposed by the treaty of must, after all, be adjusted by negotiation-by reciprocal a..,t>Teement." Paris on the United States now to be assumed and undertaken by Mr. Anderson, of Kentucky, likewise observed: "There is nothing which the Government of Cuba. can, under the distribution of powers in our Constitution, be more .A..RT. 4. That all act of the United States in Cuba during the mili­ certainly assigned to the President and Senate than the settlement of tary occupancy of said island shall be ratified and held as valid, and disputed boundarie . Probably there is no single subject on which so all rights legally acquired by virtue of the said acts shall be main­ many treaties have been made. None which Is more peculiarly the tained and protected. attribute of the department to which belongs the peace-making power. AnT. 5. That the Government of Cuha will execute and, as far as From the very great extent of our territory and the undefined state of neces ary, extend the plans already deTi::.:ed, or other plans to be its limits on several sides, this power must be frequently cal1ed into ex­ mutually agreed upon, for the sanitation of the cities of the island, ercise. Its frequent operation on the settlement of differences or this to the end that a recurrence of epidemic and infectious diseases may kind must ha >e been contemplated by the convention ; and it could never be prevented, thereby assming protection to the people and commel'ce have been intended that in a general grant of the power it should be of Cuba, as well as to the commerce of the southern ports of the construed not to apply to cases which had been invariably, in all coun­ United States and the people residing therein. tries, the subjects ot its operation." A.RT. 6. The Island of Pines shall be omittro from the boundaries Mr. WILLIS. Mr. President, while I should have preferred of Cuba specified in the constitution, the title of ownership thereof to addre s myself a little bit later in the afternoon to the being left to future adjustment by treaty. amendment which I have offered, knowing that there probably A.RT. 7. To enable the United States to maintain the independence will be very great difficulty in obtain4Jg the :floor at that of Cuba, and to protect the people thereof, a well as for its own time I will take a few moments to explain it now, believing defense, the Government of Cuba will sell or lease to the United that if this treaty is to be ratified-which I tru t it will not States the lands necessary for coaling or naval stations at certain be--we at any rate ought to provide in it, so far as we have specified points, to be agreed upon with the President of the l:nited authority so to do, for the preservation of the rights of Ameri­ States. can citizens who, under the representations of the Govern­ ART. 8. The Government of Cuba will embody the foregoing pro­ ment .of the United States, went to the Isle of Pines, located visions in a permanent treaty with the United States. there, and are still making their homes there. With the testi!ThOny of our greatest consideration, \ With that idea in view, Mr. President, I have undertaken to Very respectfully, \ embody the substance of the first eight amendments to the THE PnESIDE~T, Federal Constitution in the form of a reservation or under­ Doli rxao lfl!:~DEZ CAPOTE. standing to be attached to this resolution of ratification and to Mr. w·ILLIS. :Mr. President, in the PI tt amendment, which be made a part thereof. is now a part of the Cuban constitution, it is provided, am{}ngst Mr. President, I can not understand how any Senator or any other things : citizen of the United States, in the Senate or out of it, can object to the guaranties proposed here to be made. It may The Go>ernment of Cuba shall never enter into any treaty or other be aid that this is an improper interference with the preroga­ compact with any foreign power or powers • • nor in any way tives of a sovereign government. That is the only sugg·estion that autho.rize or permit any foreign power {)r powers to obtain by coloni­ has. been made thus far by way of opposition. The able senior zation or for naval or military purposes, or otherwise, lodgment or Senator from New York [Mr. WADSWORTH] the other day sug­ control over any portion of the said island. gested, in the cour e of colloquy with myself, that he thought :We have already interfered with the prerogatives of the it would be an improper interference with the prerogatives of Republic of Cuba in the Platt amendment much more seriously a overeign government. I want to meet that suggestion right than it is proposed to interfere with those prerogath"es in the at the outset .bY saying that we have ah·eady very much more amendment which I propose. 198 CONGRESSIOX ._\.L l{ECORD-SE.L ATE ~IAI~CH 13

The Platt amendment also proYides that under certain cir­ ':"~'bat objection can there be to insLsting that the~e rigbt '. nnn:tances the Go\crnment of the United States may inter­ whtch ought to be enjoyed by free people all the time every­ \enc in the affairs of Cuba, and it already has intenened where, shall be guaranteed to the citizen of the United States t"ice--once upon the invitation of the Cuban Government. now li¥ing in the I~le of Pines? In the fifth section of the Platt amendment it provides cer­ tain restrictions as to sanitary conditions in the islancl of 6. In all criminal prol'ecutions in the I le of Pine tbl' accul'rd shall Cuba; and :ret Senators object to a guaranty in thisamend­ enjoy the right to a spE-edy and public trial by an impaJ·tinl jury of ment of right of h·ial by jury, or freedom of "peech, or free­ the. district in the Isle of Pine whE-rein the crime shall l.Ja,·e bN'n dom of the press, on the theory that that infringes upon the committed, which m~trict shall have beE- n previou. ly ascE't'tninNl by sovereignty of an independent State, although we put in the law, and to be informed of the nature and cause of the accu ~ation; to Platt amendment e\en sanitary regulations, and Senators be confronted with the witn{'s E'S against him ; to have compulf"ory wallow that sort of a vro-vid. as are suggested in this amendment? Mr. Pre ·ident, these l'ight' that are guaranteed in the fin;;t ::Ur. WILLIS. I thank the Senator for that very pertinent eigbt amendment ·· to the Federal Constitution are the -rery bul­ and proper question. I haYe before me a COl>Y of the Cuban warks of American and Engli:-:h liberty. They are the rights for constitution. which I ha,-e read anu reread 'IYith a great deal which t11e men and women of om· race ha-ve contended through of care, and I will say to the SeJJator that the -very guaranties tlle centnrie. . 'l'hese rights are ~uara.nteed iu the most ~olemu proposed to be macle in tl1e amendment now pending before fashion by ha'\ing them placed in the Federal Con.:titution. I the SPnate are not to be found in the Cuban constitution. can not unclersta.nd the viewpoint of any lawyer who says, At the risk of bPing tedious, I 'Tant to r<'aBermudas. From the Bermudas airplanes permanent treaty _proclaimed July 2, 1904, between the United States could be launched that could attack New York City and other of America and the Republic of Cuba, shall apply to the terTitory and cities of the American Continent and could return to their ba es the inhabitants of tbe Isle of Pines. without much danger of attack from us unless we fortunatelv That is for the purpose of leaving no doubt as to the applica- had an airplane fleet immediately at hand. . F~llowing dowi:t tion of the Platt amendment to the Isle of Pines. the coast we come to the sout~ern part .of Florida and the1·e Mr. REED of Missouri. Mr. President, I do not intend to we find upon t;he map marked m red, which most of the Sena­ go over the ground which has been covered by other Senators, tors. can see With t?eu naked eye~ from where they sit, a group but I seek to enlist the attention of the Senate for the few of Islands extendmg from Flon

Mr. REED of Missouri. Mr. President, I ask for a ruling Cuba the Isle of Pines as a coaling station and naYal ba ·e of the Chair on the unanimous-consent agreement; that is, if it had seen fit, but it did not want the Isle of Pines. The whether there are 15 minutes allowed on the treaty and 15 Isle of Pines is not adapted for a na\al ba e. What the Go ·­ minutes on amendments, or whether there are only 15 minutes ernment of the United States wanted was bases on the main­ as a total. land of the island of Cuba, where they ha\e one of the greate ·t The VICE PRESIDENT. .As the Chair understands it, there harbors in the world, and that is the only reason why it would are 15 minutes allowed on the treaty and 15 minutes on an not admit the claim of Cuba to the Isle of Pines. There L amendment or reservation. no question about that. The Isle of Pine~ -was held as ecnrity. l\lr. REED of Missouri. Then I desire just a few minutes so that when there wa .a goyernment formed in Culm whkh on the pending amendment. could carry out the informal agreements "\\hkh had been made The VICE PRESIDENT. The Senator can speak now on between our Army officers and the leaders of the rerolutionary the amendment of the Senator from Ohio [Mr. ·WILLIS]. army in Cuba, there would be some means of forcing the con­ Mr. REED of Missouri. An examination of the map will stitutional government of Cuba to grant us the na yal base~ show Senators that the Isle of Pines lies within 50 miles of that we actually did want and which we afterwards receiwd. the principal passage of vessels moving from the Gulf to the All of us are interested, of course, in the protection of canal. On that island an airplane baNe could be established, American citizens; that sentiment is not peculiar to any incli­ and from it one or two airplanes could proceed to destroy all ndual in this Chamber or to any individual in the rnited of the ships passing through that channel. They could pro­ States; yet we are equally solicitous as to the honor of our ceed from that island to attack our fortress on the island of Nation and the esteem in which our people may be helcl at Cuba. They could proceed fl'om that island to attack the home and in eYery country throughout the "\\Orld. The que~­ southern portion of Florida. tion is, HaY'e we any just claim of title to the I le of Piner.;'? I say to the Senate, without entering into any long dis­ Let u go back to the history of our connection "\lith tlte cussion, that airplane fighting has revolutionized the military Isle of Pines. How did we e-rer become connected with the operations of the future, that airplanes can not successfully Isle of Pines? For years the people who were known as the operate without places to light and· refuel, and that eYery Cuban people were fighting for their independence from the piece of land, every rock of the sea that is large enough Spanish Government As has been said, they were fightinc: for an airplane to light on, is now of vital importance if a bitter fight against extreme cruelties. The ..:ituation reac:he(l that piece of land lies within a flight of one or two hours of such a point that in 1898 our GoYernment could stand it no the coast of the United States. longer, and it went into the fight. For what purpose? For Instead of giving away our land in the West Indies we ought the purpose of giving the Cuban people independence of the to be securing lands. I would be willing to cancel a part of government which had ruled them under Spain. For control the French debt in order to secure the French possessions in of what territory were the Cuban people fightino-, ~Ir. Pre i­ the West Indies. I would be willing to make large conces­ dent? Were they fighting solely in the island of Cuba? If sions to Great Britain in a financial way in order to secure that were true, then there may llave been ·orne excu •e for those islands which she controls and which lock the waters saying that we were going clown there to give them independ­ of the Gulf of Mexico and the Panama Canal. The day may ence alone in the island of Cuba. That, however, is not true. come, not in our lifetime--it may come in a remoter period, The undisputed fact of the ca e is that the revolution was it may neYer come, but it may come--when we must concen­ going on in the Isle of Pines just the same as it was going on trate the fleet of the Atlantic and the fleet of the Pacific in in the island of Cuba ; that the revolutionists of the Isle of one or the other of those oceans, and do it within a few hours' Pines were under the command of the same great commander time, when a single airplane proceeding from one of these who had charge of the forces of the i land of Cuba. Is it i lands by dropping a single bomb in the locks of the Panama consistent to believe that we desired to free the revolutionist ~ Canal could block those waters and prevent the concentration of the island of Cuba, but did not desire to free those in tlw of our fleet and involve us in some great naYal disaster. Eng­ lsi e of Pines? land looks ahead. France looks ahead. All other countries Whatever our intentions were before we went into tllat war, look ahead. We alone proceed in a haphazard way, without ~et us see what the declaration was when we entered the war. consideration for the future, regarding ourselves at all times Here is the first article of our resolution declaring war upon as perfectly secure. Spain: I ask the Senate of the United States to tell me why these Resolved, etc.- countries cling to the islands of the West Indies? They are of First, that the people of the island of Cuba are, and of right ought no financial benefit to them to-day. The time was when the to be, free and independent. enslaved inhabitants of those islands, raising sugar and other The Government of the island of Cuba since 1774 has em­ tropical products, were a source of profit to their European braced the Isle of Pines, just as much as the government of masters. That condition no longer exists. There is no profit the State of New York has embraced Long Island. Through­ to these nations from those islands, and yet they cling to out the whole history of Spanish control of Cuba it has always them. If you want to know the reason, it is because they are been considered that Cuba included the Isle of Pines. It was wise enough to look ahead to the hour when there may be included in the Cuban census, in the Cuban tax department, conflict, and when those islands shall constitute for them so in the Cuban judiciary department. It has always been a many points from which they may attack the United States. part of the Province of Habana on the island-island of Cuba. They are, to use the expression of another, so many cannons But that is not all. When we finally conquered Spain and pointed at the heart of the United States of America. Yet the first protocol of peace was signed, what did it say? It we propose to vote away territory to which we have at least said in Article I : a good equitable claim. I would not mistreat Cuba; if necessary, I would pay her Spain will relinquish all claim of sovereignty over or title to Cuba. handsomely for a quitclaim deed; but I will never vote to re­ And when the treaty of peace was finally signed on April 11, linquish one foot of land lying within 500 miles of the coast of 1899, it said this: the United States or commanding any of our trade channels, nor any of those waters which we must command in order Spain relinquishes all claim of sovereignty over and title to Cuba. to defend the coast of our country. Why did those who drafted the treaty not say " the island Mr. PITTMAN. Mr. President, there is no doubt that the of Cuba "? Because after that war was O\er and our dip­ argument which has just been presented by the Senator from lomatic representatives were construing the intent of this Gov­ Missouri is appealing. I think everyone must agree that we ernment in entering that war they knew that we had gone should have due regard for the protection of the Panama into it to assist the Cubans in their fight, and they were fighting Canal and of our coast, but it is more important, in my opinion, in the Isle of Pines as a part of the municipal territory of that we should act honorably, keeping the self-respect of our Cuba. What did we mean when we said "Cuba"? What OWn people and the confidence of the nations of the world than would you mean, Mr. President, if you said " the State of that we should own any island in the Caribbean Sea. It is not New York"? Would you include Long Island? Wllat would a question of what we want nor what we shall obtain. The you mean if you said "the State of California"? Would you question is how we may honorably obtain it. not mean the islands adjoining her coast and which are ad­ If we are going to buy the Isle of Pines from Cuba, let us ministered as a part of the State? There are a hundred islands buy it from her after we shall have relinquished any claim of around Cuba besides the Isle of Pines. Do those islands belong title to her, and not before, at a price fixed by us as a con­ to the United States or to the Cuban Government? If they are dition of mlinquishment. I think' the strategic importance not claimed by the United States, then why not? They are of the Isle of Pines in this argument is greatly overestimated. just as much separate islands as is the Isle of Pines. Why is it It was within the power of the United States to obtain from that the Isle of Pines is picked out? The Isle of Pines, as has 1925 CONGitESSIO:NAL RECORD-SE~ATE 201 been di:-:clo ed, wa re erved for a definite purpose. I read Bejucal, in the Province of Habana ; and the Americans in the from tile statement by Gonzalo de Quesada, who was the first isle knew all this, and were enumerated. Pre:--ident of Cuba and who was the first negotiator of the In the ·report of such census, as publi hed by the War De­ treaty. What does he say?- partment in 1900-and, mind you, that is the cen~us superin­ A a m("mber of that convention and of the committee in charge of tended by the United States and upon which the constitutional fixing the political relations between CUba and the United States, I election of Cuba was held, and in which they Yoted for a pro­ recollect that when the other provisos, afterwards included in the vision carrying the Platt amendment-we find this: Platt amendment, were suggested nothing was said of the Isle of Pines, The Government of Cuba has jurisdiction not only over the island but the general oppo ition shown by the Cuban people to the granting of that name. but al~o over the Isle of Pin~s lying directly to the of coaling stations undoubtedly caused the matter of the Isle of Pines south of it and more than a thou and islets and reefs cattcrea, the title thereto being left to future adjust­ when Spain relinquished sovereignty over Cuba, without de­ ment by treaty. scribing it, it meant Cuba as it bad been gon'rned for over 100 years. I hal'e not any doubt whatever that this Government Is there in that provision any claim of title by the United never intended to set up a elaim of title to the I le of Pines, and ~tates? Not a particle. It is concbed in language that abso­ that, as was said by Mr. Quesada, tbe question wa held in lutely negatives such an idea. The Platt amendment al:o pro­ suspension to await the organir.ation of a Cuban Government Tide for the na'\"al bases on the island of Cuba to be leased or to insure tbe granting to us of the nantl bases on the main­ sold to the United States Government. land of Cuba. There is no confirmation here that the Government of the I am . orry for those citizens who thou~ht they were going rnited States misled the Americans who have gone to the I sle into American territory. I know. however. that many of them of Pines. Here is the statement on which the opposition rely: went there again. t the notice that waR placed in the Platt On August 14, 1899, the Assistant Secretary of War, in answer to amendment and in the constitution of Cuba it~elf. They do not an inquiry regarding the Isle of Pines, said : lose their property and they are protected in all their rights, ''The island wns ceded by Spain and is, therefot·e, a part of our the same as are our c-itizens on the island of Cuba. But even territory, although It is attached at pre ent to the division of Cuba if they houlcl suffer, I would rather that this Government for governmental purposes, * * * and the disposition of public should compensate them in the way that they should be com­ landg must await the action of Congress." pensated than that we should hal'e a doubt remain in our minds 'as to whether we had acted honorably and ju ·tly with An A.ssi tant Secretary of War in answer to a private letter a little country like Cuba, "·llich we ha'\"e brought into E'xi:::Jt­ attempted to fix tbe status of the Isle of Pines, but eYen then ence, with a people wbo aTe honorable, a people who like us, a be warned the proposed immigrants to that island when be people who are fair to our citizens in the island of Cuha. There said: are o'\"er $3,000,000,000 of American capit::tl invested there to- The dlspo!'dtlon of ,publlc lands must await the action of Congress. day, and on my recent vi. it to Cuba I found that tile owners Did they not hal'e notice? and holders of that property felt just as ~afe under the Uuban That is not all, howe,er, for when the Platt amendment was Government as they would feel under any other foreign go'~ adopted in 1901 it ser-ved notice on every American citizen that ernment. We must maintain the confidence of these little na­ the determination of title to the Isle of P ines was fn ruspension. tion ~. we must maintain the confidence of all tbe nations to It explicitly says that the title of the island is left for future the south of us, if we are to hold the plare in the worlcl. that determination. How, then, can those who entered there say we are entitled to hold. that tbey were deceived by the United States Government? l\Ir. ~W ANSON. Mr. Pre~O.ent. RO far 11~ the ~{'HUtP iR ('On- Again, in the fir t treaty that was entered into between Cuba cerJ?-~d, it. s~em to me that thiF: treaty anrl it. clist·n:-:l"ion and and the United State , in 1903, which expired becm.re it was decisiOn he m a Tery narrow compa~~ .. not ratified within the seven months required, we find the . arne I We have bad day after day of vaned ~t[ltement~ of fact~. thing : · . We hnl'e had two letters rean from the _a ... .-i. taut :4eeretary of . . I War stating that he thought the Isle of Pine. beloHgE'd to the The nited States ~f America rellnquh;~es m favor of tlle Republic rnited Rtates. anrl n lettei.· written hy General PerRhing stating of Cuba all claim of title to the Isle of Pmes. that fact. We have had tlte Plntt amendment discu '~ed. We That was in 1903. Was that notice to these people at that hal'e bad the treaties rliRcu~~en. We have had an interpreta­ time? "The United States of America relinquishe · * * * tion ought to be given to .. Porto Rico aml other i::;lancls in all claim of title.' It does not cede this island to Cuba, as Rpanish sovereignty" under the treaty of pe-ac-e; but we have it would haYe done if the United States had owned the i land; had this whole matter decided f'O far ns ''P are concerned if we and while that treaty was not ratified, we find the same pro- nre going to decide it accordin~ to con~cience and what any vi~ion in the treaty of 1904, now under consideration. great nation ou~ht to do in dealing vo1th a weaker nation. The Platt amendment pror-ided that we should relinquish The letter of the A. Ristant .'P-rrE'tary of War was before tllP- claim of title to the Isle of Pines in consideration of these •.'upreme Court. The Platt amendment wa.- before the l::iupreme naval bases. We har-e the na'\"al bases, and no formal relin- Court. The intE'rpre-tntion of the word!-' in Article II. "Porto quisbment of claim of title has ever been made by this Gov- Rico and othC'r isJancl.- now nuder ~panish soverE-ignty in the ernment. That i n situation which it f;eem. to me is abso- West Indies," was hefore the Snpreme ('onrt. Every fad tbat lutely abhorrent. But after that statement made by the has been introduced here for our ronside1·ation and def'ision AFsifltant Secretary of War, wllat do we find? Three days "·ns presented to the Hupreme Court. It went before the ~n­ afterwards. on August 17, 1899, President McKinley ordered prerne Court, how'! _·ot by the c;.oYPrnment of the United a census of uba to be taken; and when the i.Jand of· Cuba States, but by the Amerirau citizens in thf' I ·le of Pine. ~. They was dinded into enumeration districts the Isle of Pines was in-voked the Supreme ('ourt to pass on the title of the United included in Cuba, and tbree enumerator took its census. States to the I~le of Pine . They iuvok{'d it, not the Uniteo The Isle of Pines, in the official census documents, was de- Rtntes Gov-ernment. HaYing in oked that com't to pal'ls on all scribed as a municipal district of the judicial district of these facts, tbe resolution for the declaration of war, the pro- 202 OONGRESSION AL RECORD-SEXATE nl.lRCH 13

tocol, the treaty, the Platt amendment, and every act of· our Supreme Court would ha Ye to acquiesce ; but if we did that officials, the Supreme Court rearhed a derision. it would not be an act of justice. It would be au act of force. Mr. REED of l\fis. ouri. llli'. President-- We are deciding what is right and honest under the.-e treatie.', The VICE PRESIDENT. Does the Senator from Virginia what is right and honest under the resolution of the declara­ vield to the Senator from Missouri? tion of war, what is the honest interpretation of the e treatie:; ; • l\lr. SWANSON. I yield for one minute only. and there can be no higher tribunal in America than the Su­ Mr. REED of Mi souri. Does the Senator claim that a de­ preme Court of the United States. cision rendered between a private citizen of the Isle of Pines Is there a nation in the world, after its own supreme court and some other party binds the cnited States GoYernment and by six judges out of eight had decided that the title to certain is res adjudicata as between it and Cuba? land belonged to another nation, which would stand up and Mr. SWANSON. I will get to that in a few minutes. I am contend that it did not, and refuse to ratify a treaty concedin~ appealing to the conscience of the Senate. They invoked the such owner ·hip? Cuba did not appear in that case. Cuua decision. They said that under the article which uses the ex­ made no argument It was simply an argument by the counsel pre ·sion "Porto Rico and other islands " the Isle of Pines be­ for the people in the Isle of Pines and the Attorney General came a part of the United States. of the United States. 'l"'hev invoked the decision of the Supreme Court on that I now yield to the Senator from Rhode Island. specifi~ question. These people who are now complaining l\Ir. GERRY. Mr. President, I should like to a:k the Sena­ brought the case, and the Supreme Court considered every tor from Virginia if it is not true that one of the judges fact, considered the Platt amendment, considered the letters who concurred in the majority opinion was also a memher of of Per ·hing, considered the maps that are here; and what did the commission in Pari· who igned the treaty? the Supreme Court dec·ide? l\Ir. SWANSON. That is true. Mr. ROBI~SON. Mr. President, will the Senator yield l\Ir. ROBIJ\~SON. He was also Secretary of State. to me? Mr. SWANSON. Secretary of State Day. He was one of 1\lr. SWA~SON. I will. the commissioners who negotiated the treaty. He was the mnn l\Ir. ROBINSON. The direct issue in the case of Pearcy who drew the protocol of peace. He was the head of the against Stranahan was whether the Isle of Pines was subject American commissioners who negotiated the peace. He wa. a to tlle sovereignty of the United States. That was the question Justice of the Supreme CoUI·t. He was the first man who en>r to ue determined; and in the determination of the cao.:e the used the term " Porto Rico and other islands under Spani h court neces arily decided that question, and it decided that ·o,ereignty in the West Indies." That language was used the ..:overeignty over the I.:le of Pines was not in the United fir 't in a letter to Camuon, the French ambassador, who nego­ States. tiated for Spain. He knew better han all otllers what the l\lr. SWANSON. That is true. What was invoked? They words "other islands under Spanish overeignty in the "reHt invoked our resolution for the declaration of war, declaring Indies" meant, and he said on his oath as a Justice of the Cuba a free and inde1)endent people. They invoked the pro­ Supreme Com·t that they did not include the I le of Pines. tocol of peace and the treaty of peace relinquishing all sov­ How can Senators contend against this treaty when our own ereirrnty over Cuba. E'rerything was before the Supreme Supreme Court, after full deliberation, at the instigation of C'ou;t that we haYe heard here to-day; and what did the Americans who called upon it. rendered such a decision as Supreme CoUI·t decide 't that referred to? They ~·hould be willing to acquiesce in tlle l\:lr. ROBINSO~. l\lr. President, wlll the Senator yield opinion when they invoked it. further? There is something more than that. even if that were not all l\1r. SWANSO~. I ·will. true. Let us see what attitude America would be in if thi l\ir. ROBINSON. The Government appeared by the Attorney treaty were rejected. On the 2d of July, 1903, commis ·ioner General, the Solicitor General, and Mr. Otis J. Carlton, special representing the Cuban Government and commis ioners of the as~·istant to the Attorney General. United States met to give force and effect to two articles in Mr. SWANSON. Here is what the Supreme Court decided, the Platt amendment, one giving a naval base to the United and I want to read it. It goes on to consider the resolution States and one settling by treaty the title to the I le of Pines. £1ecluring war, in which we pledged to the Cuban people all Listen, Senators. On the same day, by the same people, as a that was Cuba. It recites the protocol of peace ; it recites the part of the same h·ansaction, and Ro recognized in this treaty, artic:les of peace; and the conclusion is this: the Cuban commi::;sioners agreed to give us Guantanamo, the In short, all the world knew that it­ greatest naval base in all the Caribbean Sea, to perfect which we have spent $9,000.000, and in consideration of Cuba giving Meaning the Isle of Pines- us Guantanamo we entered into a treaty reliquishing any title was an integral part of Cuba. and in view oi the language of the we had to the Isle of Pines. joint resolution of April 20, 1898- Under the Platt amendment the treaty giving us Guantanamo That is the re ..:olution declaring war- had only to be ratified by the President of the t\"i·o Republics. The President of the United Rtates and the Pre :dent of Cuba it seems clear that the Isle of Pines was not supposf'd to be one of promptly ratified· the ·eparate treaty regarding Guantanamo. the " other islands " ceded by Al'ticle II. Those were islands not con­ and Guantanamo came into posse:-; ion of the United States. It stituting an integral part of Cuba, such as Yieques, Culebra, and 1\Ioua is the greatest naxal base in the We tern Hemi phere. Island·, adjacent to Porto Rico. This treaty, which had to be ratified br the Senate, came be­ Now, what is this case? fore the Senate for ratification on the 2d day of July, 1903, l\lr. GERRY. l\fr. Pre ident, will the Senator yield? and for 21 years the Senate has refu~d to ratify the treaty l\Ir. SWA..'SO~. I can not yield right now. relinquishing our t:tle to the Isle of Pines, and during all that What is this case? Kine justices of the Supreme Court con­ time we have had Gnantanamo. stitute that court. Six justices out of nine--one not sitting, Is this honest dealing? 'V"e took Guantanamo, but we re­ Ju tke Moody-decided what? That considering the treaty of fused to relinquish title to the Isle of Pines. "?hen that is peace, considering the resolution for declaration of war, con­ supplemented wlth the decision of our Supreme Court. it seems ~idering every act of the "Gnited States Government, the Isle to me in justice, in fairness, in honor, there should be no hesi­ of Pines de jtue belonged to Cuba and not to the United States. tanc~' in our ratifying this treaty. If we are not willing to There was a minority opinion of two justices. They did not ratify this treaty, in honor, in all justice, \Ye ought to give decide that the I. le of Pines belonged to the United States. back to Cuba Guantunamo, which was recltcd a. a con:sidera­ That minority opinion-which was a concurring opinion-said tion for the execution of the tretlty. that it w,as not necessary for these six justices to decide that Mr. President, the greate t thing a nation can have iF~ a the Isle of Pine belonged to Cuba, and that they could have reputation for character, and for honest, generou:·, anu fair decided the case without going that far. The minority opinion, dealing, as in the ca ~e of an individual. It seems to me tllat however, establishes what? Tiley concede that six justices of in honor, in justice, in fairness, America O\Yes it to Cuba to the ~up1·eme Court lwd decided, after full argument, full de­ ratify this treaty promf1tly and de<:isively. liberation. after hearing- all the facts and all that is presented 1\Ir. COPELA....'\"'D. Mr. President, I send to the de k a re...,er­ here. that de jure the Isle of Pines belonged to Cuba. Then vation, in order that it may be before tlle , 'enate at the propet· what attitude are we put in if we refuse to concede what six time. judge. out of eight have decided, as a matter of honor and a The VICE PRESIDEXT. It will lie on the t<'lble for the matter of right and a matter of justice? present. I concede that Congre s could declare war against Cuba, Mr. ROBINSON. l\Ir. President, there has been ·ub tantially send its battleships and take the Isle of Pines, and pass a reso­ no di.. cussion of the amendment proposed by the Senator from lution annexing the Isle of Pines to the United States, and the Ohio [Mr. 'WILLIS] and the substitute re:olntion of ratifica- 1925 CONGRESSIONAL RECORD-SENAT_E 203

p.on inte.nded to be offered br the Senator from Tennessee [Mr. their eyes the false hope, too long dangled there in the past, McKELLAR]. . that some day the Isle of Pines will become American territory. I merely desire to say to those Senators who belie\e that If one were to imagine the substitution for the treaty before the pending treaty should be ratified that, in my judgment, the Senate of a treaty ceding to the United States title to the the amendment and the substitute resolution referred to should Isle of Pines, or confirming the title, if we had it now, I think be rejected by the Senate. Their general pnrpose and effect few Senators could be found in this body willing to vote for would be to extend the Constitution of the l;nited States and the ratification of such a treaty. .An international engage­ the principles of government which we belie\e in to the I le ment of that sort is, m my judgment, an unthinkable treatr, of Pines. I do not believe that the "Cnited State~ ha the right both from the point of view of Cuba and from the point of to impose, as a condition of ratification, it form or principles view of the United States. Therefore I make the point that of government upon Cuba, or upon any part of mnity for wrongs done them by the United ~tate . the resolution adopted April 20, 18!)8, declared its purpose to In the second place, the ratification of this treaty will, as it be to secure independence and liberty for the people of Uuba, seems to me. di. charge once and for all what I think is a and we never departed from that purpose. It would be out of dear duty of national trusteeship. It will represent the re­ accord with the principles adhered to by the United States in turn hy u , as trustees, to the beneficiary of that which '"e its dealings with foreign goYernments to wage a war for the took po~session of as n·ustee, and the United States can not independence of a people only to require them to submit to afford, out of a trust e tate in its keeping, to draw an indem­ the jurisdiction and soYereignty of the United States. We nity for any misrepres ntation which our officials may have must keep faith with Cuba. To do this let us no longer lea Ye rna~. · in doubt the title to the Isle of Pines. In the third place, the ratification of this treaty will be a The Platt amendment merely recognized the existence of clear endenc-e to all our neighb"rs to the south of us that the a state of uncertainty concerning the . overeignty over the rntted State,· mean to deal fairly with the weak a well as Isle of Pines, and pronded for the auju tment of the title with the strong. by treaty. This treaty makes that adjustment, and it is a With re~ect to the reRN'Ya tions that are sugge ted, I Yery proper and fair arrangement. much hope that the Senatr will approYe the reservation pro­ The Supreme Court of the United Rtates, in a case which has posed by the Senator from Idaho [Mr. BoRAH], because, while been frequently referred to y may be from our point of view, it will not do fol' Mr. PEPPER. Yes. us to attempt to insist upon the setting up of capitulatory Mr. REED of Missouri. Does the Senator claim that the tribunals in the Isle of Pines, where an Anglo-Saxon juri dic­ case of Pearcy against Stranahan decided that the ownership tion would he set np in the midst of a Latin-American ci viliza­ of the Isle of Pines, under the treaty between the United States tion. 'l'hat will not clo. I suggest that there is no sound and Cuba, was in Cuba as a matter of fact? reason, even if it were possible of accomplishment, why we Mr. ROBINSON. I ay that it did so decide, that it di ~­ should throw the regis of the protection of our institutions cussed every feature of the controver y that has arisen during around the handful of Americans in the Isle of Pines, when the discussion of this treaty, and that the majority opinion that is not done for the benefit of our citizens in the island of actually holds that the United States ha." no so-rereignty over Cuba. the I le of Pines and that so\ereignty is in Cuba. I hope the treaty will be ratified by a deci..ive \Ote. as an Mr. REED of Missom·i. :Mr. President, will the Senator evidence that we play fail· with the weak as well as with the from Pennsylvania indulge me just one minute? strong. l\Ir. ROBINSON. I believe I ha-re the floor. I yielded to The VICE PRESIDENT. The time for debate under the the Senator from Pennsylvania. I think the Senator from unanimous-consent agreement having expired, the question i , Pennsylyania is entitled-- If there is no amendment to be propo ·ed to the first article, l\lr. REED of 1\Iissouri. I was asking the Senator from shall it be agreed to? Pennsylvania. l\Ir. REED of :Missouri. Let it be read. :Mr. ROBINSON. I have the floor, and the Senator must The VICE PRESIDElKT. The clerk will read the first arti­ make bis request of me. cle of the treaty·. ~Ir. REED of :Missouri. I thought the Senator had yielded The Chief Clerk .read as follows: to the Senator from Pennsylvania. ARTICL.i'J I llr. ROBINSON. I yielded to the Senator from Penn yl­ -rania and then I yielded to the Senator from Missouri ; but I The United States of America relinquishes in fa~or of the Republic desire now to yield to the Senator from Pennsylvania. of Cuba all claim of title to the Island of Pines situate in the Carib­ \ Mr. REED of Missouri. There was a mistmderstanding; I bean Sea near the southwe tern part of the island of Cuua, which has thought the Senator had yielded to the Senator from Pennsyl­ been or may be made 1n virtue of Articles I and II of the treaty of vania, and I was asking that Senator to yield to me. But I do peace between the United States and Spain, signed at Paris on the not want to. trench on his time, as he has been very generous. lOth day of December, 1898. But I would like to read the last clause of that opinion. I do Mr. REED of MissoUI·i. On that I a k for the rea and not agree with my friend at all as to what the court decided. nay. Mr. ROBINSON. The Senator from Pennsylvania would not Mr. BORAH. l\Ir. President, ought we not to dispo. e of the have any time left if he yielded for that purpose. The Senator que tion of the reservations before we begin to vote? from Missouri and I frequently agree, and we occasionally dis­ Mr. SWA..""lSON. Under the rule the amendments are to be agree. This is one occasion when we disagree very em­ disposed of fu·st. phatically. Mr. BORAH. But after the treaty is adopted article by Mr. PEPPER. Mr. President, the rejection of this treaty by article it would be rather a difficult matter to have any reser­ the Senate would, in my judgment, settle nothing. I think it vations, it seems to me. would be of no substantial advantage to American residents in Mr. PEPPER. May I suggest to the Senator from Idaho the Isle of Pines. It woul.d suffice merely to dangle before a view of the rule which he .may pos. ibly accept, that the 204 CONGRESSIONAL RECORD-SENATE l\IARCH 13

n·eaty is to be read article by article for amendments, but that 6. In all criminal progecutions In the Isle of Pines the accused sb3.ll we do not vote upon the treaty article by article until all enjoy the right to a speedy and public trial by an impartial jury of the amendments have been proposed, and then that there should be district in the Isle of Pines wherein the crime shall have been com­ a vote upon the amendments and subsequently a vote for or mitted. which district shall have been previously asct>rtained by law, again t tile resolution of ratification? and to be informed of the nature and cause of the accu ation; to be Mr. BORAH. That seems to be a wise rule, whether it is confronted with the witnesses against him; to have compulsory proces tile rule or not. for obtaining witnesses in his favor, and to have the assi tance of l\Ir. PEPPER. I so interpret the rule. counsel for his defense. lUr. BORAH. That is satisfactory to me. 7. In suits at common law in the Isle of Pines, where the value in Mr. FESS. Let the second article be read. controversy shall exceed $20, the right of trial by jury shall be pre­ l\lr. PEPPER. As no amendment has been proposed to the served, and no fact tried by jury shall be otherwise reexamined in any fir~t article, I suggest that the clerk read the second article. court of the Republlo of Cuba than according to the rules of the com· The VICE PRESIDENT. The clerk will read the subse­ mon law. quent articles of the treaty. 8. Excessive bail shall not be required in the Isle of Pines, not ex­ The Chief Clerk read as follows : cessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE II The VICE PRESIDENT. The Chair suggests that the pro­ posed amendment i. really in the nature of a reservation, ami This relinquishment, on the part of the United StatE's of America, of that first amendments should be considered before reservation • claim of title to the said Island of Pines, ls ln consideration of the are taken up. Such reservations should be considered when the grunts of coaling and naval stations in the island of Cuba heretofore treaty is in the Senate at the time the resolution of ratification made to the United States of America by the Republic of Cuba. comes before the Senate. ARTICLE III Mr. ROBI~SO~. Mr. President, it was impossible becaw::e Citizens of the Uulted States of America who, at the time of the ex­ of confusion in the Chamber, to hear the announceme~t of the change of ratifications of this treaty, shall be residing or holding prop­ Chair. Will ile l>e good enough to repeat it? erty in the Island of Pines shall suffet· no C!iminution of the rights and The VICEJ PRESIDENT. The amendment proposed by the privileges which they ha;e acquired prior to the date of exchange of Senator from Ohio seems to be in the nature of a reservation. ratifications of this treaty; they may remain there OL' may remo;e Being so, it should be considered in the Senate at the time or therefrom, retaining in either event all their rights of property, in­ the consideration of the resolution of ratification. At this time eluding the right to sell or dispose of such property or of its proceeds; the Senate will consider amendments that are to be offered a::; and the)' shnll also have the right to carry on their industry, com­ amendment'3. merce. and professions, being subject in re pect thereof to such laws as 1\Ir. GLASS. Mr. President, I did not hear all of the amend­ are applicable to other foreigners. ment offered by the Senator from Ohio read. Was there any­ thing said in it about the enforcement of the Yolstead Act in ARTICLE IV the Isle of Pines? [Laughter.] The present treaty shall be ratified by each party in conformity with The VICE PRESIDENT. Are there any amendments to b._, the respective constitutions of the two countries, and the ratifications offered as in Committee of the Whole? shall be exchanged in the city of Washington as soon as possible. l\Ir. COPELA..l\L>. .Mr. Pre.. ident, I have !'ent to tlte desk an In witness whereof, we, the respective plenipotentiaries, have signed amendment which is al-·o in the nature of a re..,ervation. this treaty and hereunto affixed our seals. The \ICE PRE IDENT. It will be considered in tlw Senate none at '\\ashington, in duplicate, in Engli~h and Spanish, this 2d as a reservation. day of March, 1904. )lr. SW.A....~SON. The treaty has not yet been reported to the (S:UL.] JOHX HAY. Senate? (SEAL.) GOXZA.LO DE QVESAD.l. The YICE PRESIDENT. No. Are there any amendment to The VICE PRESIDENT. The treaty is in Committee of the be offered as in Committee of tile Whole? If not, the treaty Whole and open to amendment. will be reported to the Senate. 1\Ir. WILLIS. I offer an amendment to the resolution of The treaty was reported to the ~enate without amemlmeut. ratification which I ask to have read. I send it to the desk. l\Ir. BORAH. I presume the ref:olution of ratification should The VICE PRESIDE~ TT. The Clerk wlll read the amend­ be read? ment proposed by the Senator from Ohio. The VICE PRESIDENT. It will be read. The CHIEF CLERK. The Senator from Ohio proposes the fol­ The Chief Clerk read as follows : lowing amendment to the resolution of ratification : At the end Resolt:ed (f1co-t1tirds of t11e Senators present concurrin!} tl erein). of the resolution of ratification, before the period, insert the That the Senate advise and consent to the ratification of Executive J following: (58th Cong., 2d sess.), a treaty between the rnited States and Cuba, with the understanding to be n"J)ressed as a part of the instrument of signed March 2, 1904, for the adjustment of title to the ownt'rship of ratification to be set forth in an exchange of notes between the high the Isle of Pines. contracting parties so as to make it plain that the following conditiou~ 1\fr. WILLIS. I understand that the Chair holds that my are understood and accepted by each of them as a part of this treaty: amendment is in order at this time'? 1. The Government of Cuba shall make no law applicable to the Isle Mr. BORAH. I desire to offer a resolution of ratification, as of Pines respecting an establishment of religion, or prohibiting therein follows: the free exercise thereof; or abridging the freedom of speech, or of the Resol·ved (two-thirds of the Senators present con.curr'ing ther ein), pre ; or of the right of the people of the Isle of Pines peaceably to That the Senate advises and consents to the ro.tificati~n of the treaty a semble and to petition the Government of Cuba for a redress of with Cuba signed at Washington, D. C., on the 2d day of March, 190-1, grievances. for the adjustment of title to ownership of the Isle of Pines, subject 2. A well-regulated militia being necessary to the security of the Isle to the following re-ervation and understanding to be set forth in an of Pines, the right of the people thereof to keep and bear arms shall exchange of notes between the high contracting pat•ties so as to make not be infringed. it plain that this condition is understood and accepted by each of them : 3 . .Ko soldiers shall In time of peace be quartered in any house in the That all the provisions of existing and future treaties, including th / Isle of Pines without the consent of the owner, nor in time of war bnt permanent treaty proclaimed July 2, 1904, between the United State·· / in a manner to be prescribed by law. of America and the Republic of Cuba shall apply to the territory and 4. The right of the people of the Isle of Pines to be secure in their the inhabitants of the Isl~ of Pines. persons, houses, papers, and effects against unreasonable searches nnd seizures shall not be violated, and no warrants shall is ue but upon Mr. WILLIS. Mr. President, a parliamentary inquiry. probable cause, supported by oath or affirmation, and particularly de­ The VICE PRESIDE~T. The Chair would hold that th scribing the place to be searched and the persons or things to be elzed. reservation proposed by the Senator fl"Om Idaho is in the nature 5. No person in the I le of Pines shall be subject to answer for a of a substitute and that it is in order. capital or otherwise infamous crime, unle s on a presentment or indict­ 1\lr. WILLIS. That answers the parliamentary inquiry I u~­ ment of grand jury, except in cases arising in the land or naval forces, sired to submit to the Chair. My proposition is in the nature or in the militia, when in actual service in time of war or public of an amendment to the original resolution, and it would he danger ; neither shall any per ·on in the Isle of Pines be subject for the in order to perfect that before considering the substitute. I same offense to be twice put in jeopardy of life or limb, nor shall be ask for a vote upon my reservation, and upon that I ask for the compelled in any criminal case to be a witness against himself, nor be yeas and nays. deprived of life, Uberty. or property without due proce s of law. nor The VICE PRESIDE~"T. The reservation submitted by the shall private property be taken for public use without just compen­ Senator from Ohio will take precedence. sation. 1\Ir. WILLIS. On that I call for the yeas and nay·. 1925 CONGRESSION.A_L RECORD-SENATE 205

The yeas and nays were ordered. • The CHIEF CLERK. The Senator from New York offers the Mr. PEPPER. Mr. President, before the vote IS taken I following amendment to the resolution of ratification : suggest that as I read it the amendment in th~ nature of a The Senate advises and c-onsents (to ratification) with the under­ reservation proposed by the Senator from Ohio LS scarcely in form to be acted on. standing to be expressed as a part of the instrument of ratification· . Mr. WILLIS. It is not quite 1n form as it was read at the to be set forth in an exchange of notes between the high contracting desk. It is in proper form as an amendment to the existing parties so as to make it plain that tlie treaty does not take effect resolution of ratification. until a committee provided by the following resolution shall report: Mr. ROBINSON. Mr. President, a point of order. No fur­ Whereas the debate on the Isle of Pines treaty has developed that ther debate is in order. the national and property :righ'ts of American citizens are involved : The VICE PRESIDENT. The point of order is well taken. and Mr. REED of Missouri. I aSk that the amendment submitted Whereas one article of the pending treaty alleges that relinquish­ by the Senator from Ohio be again reported. There has been ment of title to the Isle of Pines. is in consideration of the grants of a good deal of discussion since it was. previously read. coaling and naval stations in the island of Cuba: and The amendment submitted by Mr. WILLis to the resolution Whereas the Virgin Islands may be better situated for the Carib­ of ratification was again read. bean coaling and naval stations, a well as for naval maneuvers; and The VIOE PRESIDENT. The question is on the amendment Whereas the protection of the Panama Canal and our entire national of the Senator from Ohio to the resolution of ratification, on policy as to the Caribbean is involved in the pending treaty and the which the yeas and nays have been ordered. The Secretary conditions growing~ out of its adoption or rejection : Therefore be it will call the roll. ResoTtved, That a committee of five Senators be appointed to inquire The Chief Olerk proceeded to call the rolL into all the circumstances connected with the Isle of Pines treaty, Mr FERNALD (when his name was called). I have a gen­ its effects upon the national and property rights of Americl}n citi­ eral ·pair with the senior Senat()r from New Mexico [Mr. zens, and to report to the Senate such recommendations as it may JoNES]. As I am unable to procure a transfer, I withhold my determine to be the duty and to the interests of the United States. vote. Resolved, That this committee be authorized to take testimony and. Mr. GEORGE (when his name was called). I have a pair if need be, to visit the Caribbean, to the end that a detailed report with the senior Senator from Colorado [Mr. PHIPPS], and may be made to the Senate on all the subjects mentioned in this therefore withhold my vote. resolution, not later than December 15, 1925. Resolved, That the Secretary of the Navy be requested to assist the Mr. OVERMAN (when his name was called). I have a gen­ committee in every proper way. eral pair with the sen,ior Senator from Wyoming [Mr.~ .ARREN], but understanding that if present he would vote as I mtend to Tile VICE PRESIDENT. The question is on agreeing to the vote I shall vote. I vote "nay." amendment prop()sed by the Senator from New York [Mr. M~. RALSTON (when his name was called). On this ques­ COPELAKD]. tion I have a pair with the senior Senator from Missouri [Mr. The amendment was rejected. SPENCER]. If he were present, he would vote "nay." I trans­ Mr. BORAH. Mr. President, have all the other amendments fer my pair with the Senator from Missouri to the senior Sen­ been disposed of? ator from Alabama [Mr. Ur-I>ERwoon] and vote. I vote "yea." Th-e YICE PRESIDENT. The Chair so understands. The roll call was concluded. Mr. BORAH. If the amendments have been disposed of, then Mr. JOl\T])S of Washlngton. I desire to announce that the I offer as a substitute for the re olution of ratification the senior Senator from Utah [:Mr. SMooT] is absent on account of amendment which I have already read. illness and that the junior Senator from Wisconsin [:Mr. The "VICE PRESIDENT. The amendment in the nature of LEi'\"RO~TJ is absent on account of serious illness in his family. a substitute for the resolution of ratification will be stated. · Mr. BRATTON. I desire to announce the absence of the The CHIEJ_;l CLERK. In lieu of the resolution of ratification as senior Senator from New Mexico [Mr. JoNES] on account of reported by the committee it is proposed to insert : illness. Mr. GERRY. I wish to announce that the junior Senator Resolved (two-third8 of the Se1tato·rs present and concurrin.g therein), from Wyoming [Mr. KENDRICK] is paired with the Senator from That the Senate advises and consents to the ratification of the treaty Wi consin [Mr. LA FollLETTE]. If the junior Senator, from with Cuba signed at Washington, D. C., on the 2d day of March, 1904, Wyoming were present, he would vote " nay." for the adjustment o-f title to t he ownership of. the Isle of Pines, sub-­ 1\Ir. H.ARRISO.N. l\fy colleague, the junior Senator from ject to the following reservation and under ·tanding to be set forth in an exchange of notes between the high contracting parties, so as to Mississippi [Mr. STEPHE..~s], is neeessarily absent. He has a general pair with the senior Senator from Ne-w Jersey [Mr. make it plain that this condition is understood and accepted by each EDGE]. ~lli~: . The result was announced-yeas 13, nays 64, as follows : That all the provisions ot existing and future treaties, including the permanent treaty proclaimed July 2, 1904, between the United YEA.S-13 States of America and tile Republic of Cuba shall apply to the terTi­ Borah Heflin McNary Willis Copeland Ladd Ralston tory and the inhabitants of the Isle of Pines. Dill McKellar Reed, Mo. Frazier McMaster Shipstead Mr. REED of Missouri. Mr. President. I offer an amendment NAY8-64 a sec-tion 2 of the reservation just proposed by the Senator B.ayard duPont King Robinson from Idaho. I am going to take the liberty of 1·eading it, be­ Bingham Ernst McKinley Sackett cause it has been hastily written. It is as follows: Blease Ferris McLean Schall Bratton Fess Mayfield Sheppard The term "other foreigners" appearing at the end of article 3 shaU Brookhart Pletcher Means Shortridge Broussard Gerry Metcalf Simmons be construed to mean foreigners who receive the most favorable treat­ Bruce Gillett Moses Smith ment under- the Go•ernment of Cuba. Butler Glass ;. Ieely ~ tanfield Cameron Gotl' Norris ::iwanson Mr. PEPPER. Mr. President~ so far as I may, I am very Capper Hale Oddie Trammell glad to accept the amendment proposed by the Senator from Caraway IIarreld Overman T v son Couzens IIarris P epper ~ads worth Idaho and the additional amendment proposed by the Senator Cummins Harrison Pine Wa lsh from Missouri. They seem to me to be consonant with the Curtis J ohnson Pittman Wat on resolution of ratification. Dale Jones, Wash. Ransdell Weller Deneen Keyes Reed, Pa. Wheeler 1\Ir. WALSH. Mr. President, I ask that tbe amendment may NOT VOTING-19 be read as it would be if the amendment offered by the Senator Ashurst Gooding La Follette Spencer from Missouri should be adopted. Edge Greene Lenroot Stephens The VICE PRESIDENT. The Secretary will read as re­ Edwards Howell Norbeck Underwood quested. _ F ernald Jones, N.Mex. Phipps Warren George Kendrick Smoot The Chief Clerk read as follows: · So the amendment of Mr. WILLis was rejected. 1. That all the provisions of existing and future treaties, including Mr BORAH. Mr. President-- the permanent treaty proclaimed July 2, 1904, between the United The·VICE PRESIDENT. The Chair suggests to the Senator States oi Am~rica .and the Repulllic of Cuba shall apply to the territory from Idaho that there is another amendment which it would and the inhabitants ()f the I le of Pines. seem should come first. The Senator from New York [l\Ir. 2. The term "other foreigners" appearing at the end of Article III CoPELAND] has 0cffered an amendment to. the resolution of shall be construed to mean foreigners. who receive the most favorable ratification, which will be :kead. treatment under the Government of Cuba. 206 CONGRESSIO:N AL RECORD-SEN ATE ~lARCll 13

:\Jr. ROBINSON. 1\It·. President, I ask lea\e to submit a If they were present they would vote "yea," and if I were at question to the Senator from Idaho or to the Senator from liberty to vote I would vote "nay." Pennsylvania. Ur. RALSTON (when his name "-as called). On this qne:­ The VICE rRESIDEXT. If there is no objection, leave will tion I have a pair with the junior Senator from l\li souri be granted. [Mr. SPENCER] and the junior Senator from New Jcr e~· [:\lr. Mr. ROBINSON. I a k the Senator from Idaho if the sub­ EDWABDS]. If they were pre ·ent, they would vote "yea,. and I , titute is intended merely to make it clear that the so-called would vote "nay." Unde1· the circumstances I withhold my Platt amendment applies to the Isle of Pines as well as to vote. · Cuba? ~ The roll call was concluded. :\lr BOR..iH. That is the sole object. l\Ir. HARRISON. The senior Senator from Alabama [Mr. Mr: ROBINSON. Now I ask the Senator from Missouri, if UNDERWOOD], the senior Senator from New Jer ·ey [l\lr. EocE], I may. be permitted to do so, if the object of his ~mendment is and my colleague from Mississippi [Mr. STEPHEXS] are all merely to make it clear that the most-favored-nation treatment necessarily absent. They are' paired on this question. If they shall be accorded to the people of the Isle of Pines? were present, the senior Senator from New Jersey [:Mr. EDGl:] ~Ir. REED of l\Iissouri. That is all. and my colleague [Mr. STEPHENS] would vote "yea·· and Uw ~Ir. ROBINSON. Yery well. I see no objection to either the senior Senator from Alabama [Mr. U~DElRwooDJ would \Ote amendment or the amendment to the amendment. "nay." The YICE PRESIDEXT. The question is on agreeing to 1\Ir. BRATTON. I de ii·e to announce the necc ~ru-:v aL:-; uce the amendment offered by the Senator from Missouri to the of the senior Senator from New Mexico [::\Ir. Jo"NEsJ. amendment, in the nature of a substitute, of the Senator from Mr. GERRY. I desire to announce that the Senator fwm Idaho. Wyoming [Mr. KE-NDRICK] and the Senator from Xew MeAico The 'amendment to the amendment was agreed to. [l\1r. JoNES] are paired with the Senator from Wi ·c:ou:siu The VICE PRESIDE~ "'T. The question now is upon the [::\Ir. LA FoLLETTE]. If present, the Senator from Wyoming amendment of the Senator from Idaho, in the nature of a sub­ and the Senator from New .Mexico would vote "yea," and the stitute, as amended. Senator from ·wisconsin would vote "nay." The amendment as amended was agreed to. The roll call resulted-yeas 63, nays 14, as follows: Tile YICE PRESIDEN'I. The question now i on the reso­ YEAS-G3 lution of ratification, as amended. Rayarrry l\Iayfield Sheppar·d vR na and they "·ere ordered. Broussard Gillett Means .:~hortrhlge The VICE PRE IDE~T. The Secretary will call the roll. Brut:e Gla.s 1\ietcalf ~immons The Chief Clerk proceeded to call the roll, and 1\lr. AsHURST Butler Goff Moses ~mith Cameron Hale !lieely ~tanfi.eld yoted in the negative. Capper Harreld Norris ~wan son .l\1r. wADS \fORTH. Mr. President, will the Chair state the Carawav Harris Oddie 'l'rnmmell question? Couzeu • Harri ·on Overman 'l'.nson Curtis .Tohn on P~>Pt1er Walls worth The VICE PRESIDENT. The question is on agreeing to the Dale Jones. Wah. Pine "'alsh re~olution of ratification offered by the Senator from Idaho Den pen Keyes Pittman Wat:'lon duPont. Kiu

llet· [Mr. BoRAH], as amended by the amendment of the Senator Ern t McKinley Tie~>d, Pa. Wheeler from Missouri [1\lr. REED]. Ferris ~cLean Rohin ·on Mr. HEFLIN. I make the point of order that the Senator NAYS-14 from Arizona [Mr. AsHURST] bad answered to his name, and Ashurst Copeland Frazi!'L· Sbip~tead that the roll call can not be interrupted. Rlease Cummins Heflin 1Y111is Borah Dill McKellar The VICE PRESIDE~T. The Secretary will continue the BrooJ;:hart Pernald Reed, 1lo. calling of the roll. The Chief Clerk resumed the calling of the roll. NOT YOTIXC:-19 Ed~e Howell Lemoot Spencer Mr. ROBINSON. Mr. Pl'esident, I rise to a point of order. Edwards Jones, N. :.Uex. Nor!Jeck Hteplleus It is manifest to me that the Senate does not understand the Geor,;e Kenrlrick Pbipps l'"uc\erwood question. I ask unanimous consent that the Chair state the Goodrn"" Ladd Ral ton Wanen Greene La Follette Smoot question before the Senate. The VICE PRESIDENT. If there is no objection, the Chair The VICE PRESIDE~T. Two-thirds of the Senator pre~ent will state that he understands the question before the Senate and voting being recorded in the affirmative, the re ·olution of to be upon the resolution of ratification offered by the Senator ratification, as amended, is agreed to. from Idaho [1\Ir. BoRAH], as amended by the amendment of Sl'.AXDIKG COMMITTEES OF THE SE~.ATE the Senator from Missouri [Mr. REED]. Mr. SWA.!"\TSON. No; will the Chair permit me? As I under­ As in legislative session, stand, the Senator from Pennsylvania [Mr. PEPPER] accepted Mr. REED of PennsylYania. Mr. Pre ident, in the election oi the substitute offered by the Senator from Idaho [Mr. BoRAH]. standing committees of the Senate on Mru·ch 9 there was omit­ 'rhat bating been accepted, the question is on the resolution of ted from the resolution presented by the Senator from Inclia.wt [Mr. WA~SoN] the Select Committee on ReYi •ion of the Law,'. ratification reported by the Senator from Pennsyl\ania, as I ask unanimous consent, as in legislative ses::;ion, that tlle amended by the amendment of the Senator from Idaho. Senator from Kentucky [Mr. ERNST], the Senator from Penn­ Mr. PEPPER. Mr. President, if the Chair will indulge me, sylvania [M1·. PEPPER], and the Senator from Maryland [.lli:. I understand that the question is, Will the Senate advise and BRUOE] be named as the Select Committee on Red ion of the consent to the ratification of the treaty ; and that a vote " yea" Laws, with the same effect as if they had been included in tl•e i. in fa\or of ratification, and a vote "nay" is to the con­ resolution presented by the Senator from Indiana. n·ary? Mr. ROBINSON. Did I understand the Senator from Penn­ Mr. ROBINSON. That is correct. sylvania to state that the majority members of the select com­ The VICE PRESIDEXT. The Secretary will continue the' mittee are not named in the resolution that was presented'? roll call. Mr. REED of Pennsylvania. They were not. ( The Chief Clerk resumed the call of the roll. Mr. ROBINSON. The minority member, the Senator from ! :\Jr. FERNALD (when his name was called). On this ques­ Maryland [Mr. BRuCE], was named in the list that I pre en ted. tion I am at liberty to vote. I vote "nay." Mr. REED of Pennsylvania. But the resolution, as read and Mr. GEORGE (when· his name was called). Upon this as printed in the CoxGRESSIONAL RECORD, did not show that com­ particular question I hnxe a pair with the senior Senator mittee, although the minority had named their member. from Colorado [l\Ir. PHII'PS] and the senior Senator from l\1r. ROBINSON. Very well. I have no objection to the re­ Wyoming [l\Ir. WARREN]. I therefore withhold my vote. If quest of the Senator from Pennsylvania. those Senators were pre ent, they would vote "yea" and I The VICE PRESIDENT. Without objection, it will be so would vote "nay." ordered. 3Ir. LADD (when his name was called). I am paired with Mr. BORAH. There was another omission in that list whlcb the Senator from Idaho [Mr. GooDING] and the Senator. from I presume we are not ready to correct yet. Wisconsin [Mr. LEXROOT]. If they were present, they would Mr. ROBINSON. I understand that it has been corrected. vote " yea~ and I would vote "nay." I withhold my vote. Mr. NORBECK (when his name was called). Upon this EXECUTIVE BESSI01i WITH CLOSED DOORS question I am paired with the senior Senator from Utah [Mr. l\Ir. BORAH. I move that the Senate proceed to the con id­ SMooT] and the senior Senator from Yermont [Mr. GREE~'"E]. eration of executive business with closed doors. 1925 CONGRESSIONAL RECORD-SENATE 2-07

The motion was agreed to, and the doors were closed. After TBE.ATY WITH TURKEY 40 minutes spent in secret executive session the doors were 1\Ir. KING submitted the following resolution ( S. Hes. 35), reopened. which was ordered to lie on the table: WORLD COURT Whereas the United States and the allied nation , following the Durino- the consideration of executive bu 'in£>s with closed World War, contended for the establishment of an Armenian state doors, and for the return to Greece of territory to which she wa ' entitled, Mr. CURTIS proposed the following unanimous-consent agree­ and the protection of Christian minorities re iding within Turki ' h ment: territory ; and It is agreed by unanimous consent that on the 17th day of Whereas the treaty of Sevres made provisions for the realization December, 1925, the Senate proceed to the con ideration of a resolu­ of such contentions, and an independent Armenian state was SPt up tion providing that the Senate advise and consent to the signature and certain territories, to which Greece was entitled, were reston~d of the United States to the protocol of signature of the statute for to her; and the Permanent Court of International Justice, and that the co.:l­ Whereas President Harernment worthy of being recognized \ i stock, and other products, as well as consumers' cooperative purchas­ by the United States and is competent to discharge its international ! ing organizations, are being discriminated against and injured by various obligations and is willing to conform to the tandards which should corporations and trade associations in alleged violation of the antitrust guide civilized nations in their relations: Therefore be it laws: Now therefore be it Re.solvea, That the Committee on Foreign Relations be, and is hereby, Resolved, That the Federal Trade Commission is hereby direeted directed to inquire into the matters and things herein recited, and par­ to make an inquiry (1) into the growth and importance of coopera­ ticularly to ascertain: tive associations, including ·particularly the co ts of marketing and (A) W:llat reason.s led to the abandonment of the conditions laid distribution of such cooperatives as compar.ed with t'he corresponding down by the Secretary of State October 30, 1922, as conditions prece­ costs of other types of distributors, and (2) into the extent and im­ dent to the negotiation of a treaty with Turkey and to the disregard portance of the interferences with and obstructions to the formation <>f the assurances contained in the statement of President Harding and operation of co-operative organizers of producers, distributors, and under date of November 8, 1922. consumers by any corporation or trade association in alleged viola­ (B) What, if any, action was taken by the State Department in pro­ tion of the antitrust laws, and to report thereon with recommenda­ curing, preserving, or protecting the Chester oil concessions. tions for legislation, or other remedial action if the same appears (C) What action, if any, was taken by the State Department in necessary. organiz;ing, or reorganizing, the Ottoman Development Co., or any other 208 CONGRESSIONAL RECORD-SEN ATE ni.iRCR lD company, to take over anu holll any rights obtained under such con­ Whereas the fund in question, together with accrued inti:'J'e t, now ce~ ion, or what action wa:; taken by said department in the control Q! amounting to more than $40,000,000, belongs in law and in equit,\' the stock or the selection of any officers of said company. to the Armenians, from whom i.he same was seized, or to their Ieg;tl (D) What instructions, i! any, were gh·en by the State Department representatives; and to the representatives of the United States at the Lausanne conference Whereas the seizure by the principal allied powers of tllese f1md · in connection with aid Chester oil concession , or said Ottoman Irevel­ belonging to the nationals of Armenia, a recognized ally of the AUie , opment Co., antl what corre~pondence was bad between the State De­ and appropriation thereof to their own u es, with the knowh:dge of partment and said repre.entalives concerning saltl oil concessions. their origin, violate the established and recognizetl principles of both (E) Whether it is a fact that the American repre ·entatlves at the international law ttnd municipal law, and constitute a grave injustice Lau anne conference cordially supported the Allies in the Lausanne against the Armenians; and conference prior to the ratification of the Chester conces ions, April 10, 'Whereas the United States Go""ernment bas an inconte. table right 10~3, and therca fter supported the position of the Turkish representa­ and interest in said fnnd, arising (a) from its r esen·ed rights in the tives as against the Allies in favor of the abrogation of capitulations benefits of the Versailles treaty; (b) from the sale to .umcnia during and the abandonment of the conditions announced by the Secretary of 1910-20 through the American Relief Administration and the United State as essential terms of anr treaty with Turkey. States Grain Corporation of foodstuffs ln the value of about $1~,- (F) What cause, led to the abandonment by American representa­ 000,000; (c) frum the continuous financial assistance gi\"en br tbe ti;-es at the Lausanne conference of the position theretofore taken by American people since 1915 toward the relief of the stricken Armeni:l.n the State Department and by President Harding, and what reasons led people and the maintenance, still continuing, of 30,000 orphans; and to the signing by the .imerican representatives of the Lausanne treaty. finally (d) from the broader principle of intf'rnational comity and (G) What discussions ensued at the Lausanne conference concerning morality, which sanctions the friendly intercession by one nn tion in the Chester conce. ions or the Ottoman De;-elopment Co., and what behalf of the violated rights of an oppressed people; R.ad notes or other communications were exchanged between the State De­ Whereas nearly 800,000 Armenian refugees ar~ now in a state l)f partment and the represcntati1es of the United States at said confer­ destitution, a consideraLle numher of whom woulu return to Armenin. ence, or between the representatives of the United States and the but for lack of funds, and over 1,000,000 A rmeniaus in Rnssiu n representatives of the Turldsh Government concerning the conce si<>ns; Armenia are hindered in their e.trorts for economic and physical better­ also what conver·sations occurred between the repre entatives of the ment also through lack of funds: Now therefore be it Turkish Government and •the United States respecting said treaty, and ResolL·ea, That the President of tile United Stnte.s is rt'questetl to particularly with reference to said Chester concessions, or any other make representations to the allied powers that the United States ba · concessions with respect to oil, or railroads within Turkish territory. an interest in said deposit and has a right to be consult(!d in re, pect AFF.AIRS IN ARMENIA to any allocation, distribution, or dispo ition of the same, antl tktt said deposit, principal and interest, now amounting to about $40,- 1\Ir. KING submitted the following resolution ( S. Res. 36), 000,000, should not be applied to the use of the allied powers or to the which was ordered to lie on the table : payment of the claims of their nationals against TnrkC'y, hut, on the Whereas the Armenians participated in the war with the allied contrary, should be set asiue and held as a trust fund for tl1e Armenian powers and the United States against the Central Powers, and 100,000 people, the part thereof which is not claimed by individual Armenians Armenians fell on the field of battle-in the east and west-in or their personal representatives to be hereafter expended by a com­ support of the allied arms and of their solemnly profe sed alms ; and mission, including representatives of the Armenian people, for the "Whereas Armenia declat·ed her independence on ::Uay 28, 1918, and removal to and settlement in Armenia of Armenian refugees now b was extended recognition by the Allies on January 27, 1920, and by the Mediterranean and Black Sea countries and for hygienic, reclama­ the United States on .April 23, 1920, as the Government <>f United tion, agricultural, and educational purposes in A.rmenia. Armenia ; and STATCE OF GEN. JOSEPH WHEELER Whereas Armenia was a signatory to the Sevres treaty of August 10, 1920, as one of the allied states, and on November 22, 1920, the Mr. UNDERWOOD. l\1r. President, I de ire unanimous con- President of the United States, at the invitation of the allied powers sent to get an order to print. _ and of .Armenla and Turkey, and .in conformity with the provisions The State of Alabama has selected the late Gen. Joseph of Part III of said Sevres treaty, relating to Armenia, defined the Wheeler, a decea eel citizen of Alabama, as worthy of national southwestern (Turkish) boundaries of Armenia; and commemoration on account of his historic renown and for bis Whereas Armenia was, and is, recognized by the all1ed and asso­ di tinguished civic and military service , and has proT"ided for ciated powers as an ally, both during the war and during the nego­ the placing of a statue of him in the National Statuary Hall tiations leading to peace ; and of the Capitol. Ou l\larch 12, 1925, exercise · appropriate to tlle Whereas, by article 259 of the treaty of Versailles, Germany as­ reception and acceptance from the State of Alabama of the signed, transferred, and surrendered to the principal allied and asso­ statue of General Wheeler were held in the Capitol and ad­ ciated powers, including the United States, 6,500,000 Turkish gold dresses were made by Senators and Representatives. I a k pounds, equivalent to $29,185,000, deposited by Turkey in 1916, in unanimous consent that the addresses of the Senator and Rep­ the Rcichsbank, Berlin, whereby the United States has an interest in re entati\es delivered at these exercises may be printeu in tlle said deposit, which bas not been renounced or otherwise disposeu of by RECORD. the Government of the United States; and Tlle PRESIDENT pro tempore. Is there objection? Tlle Whereas under article 58 of the treaty of peace, between the Chair hears none, and it is so ordered. allied powers and Turkey, signed at Lausanne, on July 24, Hl23, The proceedings referred to are here printed in full, a which is now in effect as between the contracting powers, follows: "Turkey renounces in favor of the other contracting parties, (ex­ EXERCISES Ci STATUARY HALL IN THE CAPITOL AT WASHI~GTON, D. C., cept Greece) any right in the sums of gold tt·ansferred by Germany MAUCH 12, 1923, ON THE OCCASION OF THE UNVEILIXG AND PRESEXTATION and Austria under article 259 (1) of tbe treaty of peace of tbe 28th BY THE STATE OF ALABAMA OF THE BRONZE STATUE OF GEN. JOSEPH of June, 1919, with Germany, and under article 210 (1) of the treaty WHEELER o! peace of the lOth of September, 1319, with Austria"; and Whereas the allied powers, subsequently, agreed that the funus RPpresentative EDWARD B. ALMOX, of the eighth district of Ala­ mentioned in the article quoted above should be applied in settlement bama, presided. of the claims of their nationals against Turkey; and The Chaplain <>f the House of llepresentatives, Rev. Jnmes Shera Whereas the funds in question were forcibly, arbitt'llrily, and unlaw­ Montgomery, offered the following prayer: fully seized, in 1915, by the Turkish Government from the Armenians, Almighty God, our Heavenly Father-unto whom all hearts are who were deported or murdered, as set forth in a memorandum open and all desires known-do Thou bear our prarer. We prRlse dated September, 1924, signed by the Right lion. H. H. Asquith and Thee for the past that is all glorious with Thy providence. Surely the Right Ron. Stanley Baldwin, and addressed to the then Prime Thou hast stood within the shadows kPeping watch upon Thine own. Minister of Great Britain, the Right Hon. Ramsay MacDonald, to wit: We are grateful that the principles of free Government were con­ "• • the sum of 5.000,000 (Turkish gold)-$22,450,000-de­ densed In the patriotic devotions of our forefathers. We bless Thee posited by the Turkish Government in Berlin in 191G, and taken over that the finest ideals of free institutions were divinely ordained in the by the Allies after the armistice, was in large part-perhaps wholly­ character and services of him whose memory we commemorate to-day. Armenian money. After the enforced deportation of the Armenians in What nn illumin9ns page he has written in tlle volume of our national 1915 their bank accounts, both current and deposit, were transferred history I Bless unto us the chivalry of soul, the fervent love of coun­ by order of the state treasury at Constantinople. This fact enabled try, and the undaunted spirit of this hero of the Southland. Tie the Turks to send 5,000,000 sterling to the Reichsbnnk, Berlin, for a loved his country, his State, and his borne with a heart that was in new issue of notes " ; and tune with the best ideals of our civilization. Upon the altar of hls Whereas Armenia is not obllgated in any sum whatever to the homeland he poured a devotion worthy o! the f>ravest and the best. Allies, but, on the contrary, the Allies have heretofore failed to fulfill Do Thou, 0 Lord, bless our beloved c<>untry and direct with Thy In­ their political pledges to Armenia, who during the war suffered in finite wisdorn all the affairs and problems of our Government and peo· lives and in treasure in common with the belligerent nations; and pie. Forever bless and preserve the great fundamentals, upon which 1925 CONGRESSIONAL RECORD-SEN ATE 209 our Republic must rest for its safety and perpetuity. Do Thou con· General Duke also speaks of "his eminent fitness as the commander tinue to make permanent the mighty bulwarks of our Nation's llfe of a. large body of cavalry, permanently attached to the army." and character. Again we pray-bless the services of this hour and .And Gen. Robert E. Lee in speaking of the most noted commandera abide with us throughout all the days of our lives-through Jesus said: Christ our Lord. Amen. "The two ablest cavalry officers which the war developed weN The CHAIRMAN. Ladles and gentlemen, by an act ot Congress each General Stuart. of Virginia, and Gen. Joseph Wheeler, of the Army ot State is invited to place in Statuary Hall in the National Capitol the Tennessee." memorial statues of two citizens of such State who may be dis· General Wheeler bore a prominent part 1n the great Battle of Shiloh, I tingui hed and exalted for patriotic service. The people of Alabama Farmington, the fights around Corinth, the Battles of PerryVille, I through its legislature have decided that the distinguished services, Murfreesboro, Tullahoma, and Chickamauga; the battles preceding J.x>th in war and in peace, of Gen. Joseph Wheeler entitle him to and incident to the siege of Knoxville, the Battles of Ringgold, Rocky this tribute of affectionate appreciation, and that there should be Face, Dalton, Resaca, Adairsville, Cassville, New Hope, Dallas, Pickett's erected to his memory a statue of bronze in Statuary Hall. Mill, · the various battles around Kenesaw Mountain, the Battles of The committee appointed to procure the statue has discharged its Peach Tree Creek, Chattahoochee, and Decatur, the battles around duty. and the statue is now ready for unveiling and presentation. Atlanta, the siege of Savannah, and the Battles of Averysboro and Miss Julia Wheeler Harris, the daughter of Senator and Mrs. William Bentonville. Besides engaging in these great battles and being under J. Hnrris, of Georgia, and granddaughter of Gen. Joseph Wheeler, fire in over 400 sldrmishes, General Wheeler commanded in more than will now unveil the statue. a hundred battles, many of which, considering the numbers engaged, (-;\Iiss Julia Wheeler Harris thereupon unveiled the statue. were the most severe recorded in the history of cavalry. Always in A photograph was then taken of the statue, grouped around which the front of battle, he was wounded three times, 16 horses were shot -were Senator and Mrs. Harris; Col. Joseph Wheeler, United States under him, 8 of his staff officers were kllled and 32 wounded. From Army, son of General Wheeler; Miss Julia Wheeler Harris; Represent­ 1861 to the surrender of 1865, rising from. lieutenant to lieutenant atives from the State of Alabama, and others.) general, brave, sklllful, enduring and full of energy and dash, it was

ADDRESS BY REPRESENTATIVE EDWARD B. ALMO~ to him four years of work, adventure, romance, and heroism. In 1866 General Wheeler was manied to Daniello, a daughter of Representative ALMO~. Ladies and gentlemen, we regret exceedingly that the Governor of Alabama is not here to make the speech of pre­ Richard Jones, whose father, Harrison Jones, was wounded, losing a sentation for the State of Alabama. I am in receipt of the following leg at the Battle of Guilford Courthouse. Her mother was a daughter telegram from Gov. ·w'illlam W. Brandon explaining why he could of Governor Early, of Georgia, who comes from an Irish family of not attend these exercises: very distinguished lineage. Mrs. Wheeler died May 19, 1896. There were born · to General and Mrs. Wheeler four daughters-Lucy, who "I regret I can not attend the presentation of the Wheeler statue. died at the old home place at Wheeler, Ala., December 25, 1924; I have an important engagement here the 12th, vital to the State. I Annie Early, who was a volunteer with Clara Barton and distin­ authorize you to act in all things for me and the State of Alabama in guished herself by organizing, equipping, and superintending the Yacht the presentation of the statue of our distinguished statesman and Cluli Hospital at Santiago, Cuba, during the months of July, August, soldier. · Trust the ceremonies will be marked with that degree of and September, 1898, and who now resides at the old home at Wheeler, patrioti.sm which characterized his useful life to the Nation and State." Ala.; Julia Knox, wife of Senator WILLIAM J. HARRIS, of Georgia; Now, by direction of the GoT"ernor of Alabama, I present to the and Carrie Payton, the wife of Gorden M. Buck, of New York City. United States this bronze statue of Gen. Joseph Wheeler, which is done Two sons were also born to General and Mrs. Wheeler-Joseph, a by authority of a resolution -which was unanimously adopted by the graduate of West Point, performed distinguished service in the Bat­ Legislature of Alabama. Wheeler was trusted, honored, and loved by tles of San Juan and Santiago in the Spanish War, and afterwards the people of Alabama for his splendid character and distinguished as a major he won distinction in 20 battles or minor engagements service as a citizen and soldier, and the placing of his statue in this in the Philippines. He is now a colonel in the Regular United States pantheon of the Nation is a token of their appreciation· of him. Army. Thomas served as a midshipman, United States Navy, in the Alabama bas not been in a hurry t() occupy the second and last place sa·ntiago squadron during the Cuban war and was drowned September assigned her in this hall. In selecting Wheeler she has been mindful 7, 1898, at Montauk Point, Long Island, in an attempt to rescue a of her obligation to consider with justice all of her distinguished citi­ zens, many of whom could stand here as peers among the foremost of brother officer. the Republic. General Wheeler was of sterling character, a true and loyai friend, Jo eph Wheeler, soldier and statesman, youngest son of Joseph and a fond and loving father and husband. He and his faniily have been my good friends for many years, and I am glail of an opportunity to Julia Hull Wheeler, was born at Augusta, Ga., September 10, 1836. He graduated at West Point in 1859, was promoted to lieutenant, United be present and take part in these exercises. States Army, in the Cavalry arm of the service, and served in Kansas The brilliant military record of General Wheeler is unique in many and New Mexico in several scouting expeditions against the Indians. respects. He was first an officer of the United States Army, a dis­ On February 27, 1861, he resigned his commission as an officer in the tinguished cavalry general in the Confederate Army, and afterwards United States Army and on April 3, 1861, was appointed a first lieuten­ a major general ln the United States Volunteers. His last service, ant of artillery in the Confederate Army. being for the Union, was as distinguished as that while in the Con­ Notwithstanding his youth, being but 24 years of age, and his still federate Army, thereby contributing much to the healing of the more youthful appearance, he soon earned the confidence and ·respect of breach between the South and the North. He enjoyed the distinction his commander , and on September 4, 1861, he was comm.issi

LXVII-14 210 .CONGRESSIONAL RECORD-SENATE MARCH 13 that campaign, and especially for his bold and determined stand ADDRESS BY HON. HEXRY B. STB.AGA.LL, OF ALABAMA against retreating from San Juan Hill. The CJLUlUUN. It affords me pleasW'e to pre ent Hon. HENRY B. In his hi tory of the Rough Rider Regiment, which he commanded STJlAGALL, Representative in Congre s from the third .Alabama district, in Cuba, President Roosevelt, in speaking of the events on the night who will now address you. of the Battle of San Juan, July 1, 1898, say : Representative STEAGALL. Mr. Chairman, ladie , and gentlemen, I "A very few words from General Wheeler reassured us about deem it a high honor to be invited to participate in these exercises and, retiring. He had been through too much heavy fighting in the Civil as a Representative in Congress from the third congressional district of War to regard the present fight as very serious, and he told us not Alabama, to voice the sentiments of the people of that district, as well to be under any apprehension, for he had sent word that there was as of the entire State, in paying tribute to the illustrious career of the no need whatever of retiring, and was sure we could tay where we great soldier and st.atesman who e memory we attempt to honor to-day. were until the chance came to advance. He was second in command, General Wheeler was born in Georgia, but be lived in Alabama

When the armies of the Confederacy went down in defeat General victlons, who saw clearly, reasoned fearlessly, and never hesitated to Wbeeler, with the same courage that had characterized his conduct on follow where duty led the way. .All his thoughts, his impulses, and his the field of battle, accepted bravely and without murmur the result of actions from the time he grew to manhood were tor the best interests the conflict and went back home to engage in the struggle to bring ot the country that gave him birth. In scientific and literary attain­ order out of chaos, to free his people from misrule and usurpation, and ments he stands high among the learned men of our country, and his to set his State once more on the glad highway of peace and happiness. papers and writings show an extensive research and profound knowl­ Bright and glorious as is the record of General Wheeler in war, it can edge. To know and properly appraise his vision, accuracy, complete­ never be more beautiful or resplendent than his service to his State ness, versatillty, energy, and industry one need only read his l\lilitary during the period of reconstruction. History of Alabama, his later history or the Santiago campaign, and I General Wheeler fought for the preservation of the Constitution in four speeches made by him in Congress on the subjects, Federal Courts, its original integrity and force, and I but voice the sentiment of the Justice to Mexican War Heroes, Vindication of Gen. li"itz-Jobn Porter, thoughtful statel"meu of America when I declare that 99 per cent of Internal Revenue, and Tariff Bill of 1888. the serious ills that confront the American people are the result of Truly 1t can be said of him that he has indelibly traced his life upon departure from the fundamental principles of our Government for the Book of Time in characters so luminous that they shine and glow which General Wheeler and the other heroic sons of the South strug­ to-day, and will fot·ever. gled so bmvely during the conflict of the sixties. [Applause.] There May I say, in conclusion, that while our mission here to-day is truly is not an ill that bes!'ts us that can not be remedied nor a problem a labor of love, yet it is In a sense an unnecessary one? Gen. Joseph that challenges the stu tesm:mship of this hour that can not be solved Wheeler needs no bronze statue here, nor memorial elsewhere to per­ Bnccessfully by the application of the great principlt>s of local self­ petuate his memory. That Is one thing that can never grow dim. government, State sovereignty, and the recognition of constitutional It is more enduring than bronze, more storm defying than granite, and rights for which the people of the South fought so bravely and well. will erTe to animate with noble purpose generations yet unborn. For (Applause.] a great life, such as he lived, is never lost, never lived in vain, but it General Wheeler w:-ts one of the heroic few along the upward path­ will pulsate through all the ages to inspire American youth in crises W\1-Y of humanity who have helcl aloft the light of liberty. It is to now undreamed of. them and their labors-the principles hallowed by their sacrifices-to What was said of another great American is equally true or him: \Yhich a distressed world is turning for hope and guiUnnce in the strug­ " So long as patriotism, good citizenship, faithfulness to domestic gle toward brighter and happier things. virtues, devotion to official duties, and broadest human charity and Not gold, but only men kindliness are prized, so long will Joseph Wheeler's life and exam~le Can make a people great and strong, be an inspiration, and so long will his memory be a benediction." He Brave men, who for truth and honor's snke is one- Stand fast and suffer long; Of those immortal dead who live again Brave mPn, who work while others slerp, In minds made better by his presence; live Who dare when others fly- In pulses stirred to generosity, These build the Nation·s temple de<>p, In deeds of daring rectitude, in scorn And lift its pillars to the ky. For miserable aims that end with self, (_~pplause.] In thoughts sublime that pierce the nlght-Uke stars, .And with their mild persistence urge man's search .ADDRESS BY RErnES:b:XTATlVB WILLLDl B. OLinm> OF .\L.!.BA~IA To va. ter issut>s. The CH.HRMA~. I now take pleasure in ptesenting to you Hon. "'ILLI.DI B. OLIYEI!, HeprcsentatiYe in. Co11grcss from the sixth district [Applause.] or Alabama. ADDRESS BY lUJPRESENTATI\'E .JOH~ M-'DUFFIE, OF ALABAiU.A Representative OLin:H. Mt·. Chairman ~md feHow countrymen, these The CHAIRlH~. I now take pleasure in presenting another of my exercises express the deep admit•ation and affectionate esteem, not colleagues, Representative JoH:-o i\IcDCFFlE, of the first district of ouly of the people of Alabama but of the ~ation for a soldier, a states­ Alabama. man, a citizen, who did his duty always with "conscientious solici­ Representative l\IcDUFFIE. :Mr. Chairman, ladies, and gentlemen, as tude. ·• ~Iy distinguished colleagues, Mr. ALMO:-o and Mr. STEAGALL, one of the Repre eutative of the people of .Alabama, the State which who have just spoken, partially reviewed from memory and from his­ proudly claims General Whe€ler and seeks to honor him to-day, I tory the remarkable lire and achievements of this illustrious American, det>m it a great privilege to take part in the exer cises of this hour, and though the field of his acti\'ities is so abundantly rich and broad and yet nothing we might say here to-day could add to the illustrious as lo urge a further recital of his individual accomplishments, yet the name and everlasting fame of this truly great man. time limits of this occasion admonish me that I must be content with A.s bas been already suggested, probably no one did more than this merely a brief reference to some of the outstanding- factors that en­ distinguished Alabamian to bridge the broad chasm of bitterness that tered into his greatness. once existed between the two great sections of our common country. He was a man of force anti vision, of !'aithfnlness and courtesy, ot Nothing did so much in bringing about a reunion of the hearts and bolclne s and of self-resb·aint, of initiative and enthusiasm; a man of souls of the sons of the South with the sons of the North as did superior guidance and inspiration. He posse sed in abundant measure the genuine patriotism and splendid leadership of General Wheeler those qualities of mind and heart which preeminently fitted him for when he volunteered to defend the fiag he bad fought and went the high places of responsibility that he held in war and in peace. In hand in hand · with Frederick Grant to free the Spanish slave at addition to these qualities, he bad the rat·e gift of winning and holding Santiago. the affections not only of those with whom he was associated or merely The brave are ever ready to forget and forgive the differences of the came in passing contact with but be won the love and loyalty of past. General Wheeler was brave. He had shed his blood on countless thousands who hau never seen him. For in his latter years how eagerly fields of battle for principlE's which he and his proud people deemed Yast numbers of people from every section of our common country read just and right, principles as everlasting as the hills. Issues which everything written by him or about him, and they loved him ever drew him into the conflict were settled at the end of four terrible thereafter as fervently as did those who knew him at home. H the years of lurid warfare, settled by the arbitrament of the sword. lle editorials, telegrams, lettt>rs, and memorial arldresses that followed his accepted the result as a great soldier must always do, and without passing in 190G could be collected and published, what a rich fund of _reservation renewed his allegiance to the Stars and Stripes. With a information they would supply for some future historian. courage that was surpassing and a heart that was stout, he then re­ "1\othing is truer." says an old philosopher, ·• than that the good and consecrated his useful life to the reclamation of that section be Io-.ed experienced man is the la t mea~ure of all thing ," and now .Alabama, well. in tile spirit of an intt>lligent manhood, is by this ceremony inviting so the present and all future ge>nerations to turn and recall the life and I received a few moments ago the expression of some sweet singer oE long .ago who bas set to verse his conception of this gt·eat military set·vice of Gen. Joseph Wheeler, to read and reflect on what he did in genius and leader as he appeared at the heights of Santiago. "Cnmlnd­ bis day and generation for the family, for the community, for the State, ful of the dangers of disea ·e and death as they lurked allont him, for the Nation. Follow him into 1he home, go with him into the Halls General Wheeler never flinched nor faltered. Un._clfish to a superlative of the National Congt·ess, tread with him the paths of martial duty degree, he never forgot the comfort of those who were alway willin):!; and success. You will not, it is true, find him without some human to follow him to the front liucs. I have ueen requested to read tbe faults, but you may safely ask your elf, where, in all history, \Till be follo\\'ing verses on this occasion. found a higher, purer, better, nobler example of virtue, courage, patriotism, and Cluistian character than is recorded of him who e WHEELER A'£ S.\.1\TIAGO memory we honor to-clay? Into the thick of the fight he went, pallid and sick and wan, Tbet·e is no sphere of public lift>, in war or peace, where he served Borne in an ambulance. to the front, a ghostly wi. ·p of a man; in wbich he was not eminent, nor of private life in whlch he was not But the fighting soul of a fighting- man, approved in the long ago, influential and bt>lcved. lie was preeminently a man of strong con- Went to the front in that ambulance in the body of Fighting Joe.

J.. 212 CONGRESS! ON AL RECORD- SEN ATE }fARCH 13

Out from the front they were coming back, smitten of Spanish shells­ He was the ideal Cavalry commander, a giant in heart, and we can Wounded boys from the Vermont bills and the Alabama dells. imagine his graceful figure dashing down his lines like a ray of light, "Put them into this ambulance; I'll ride to the front," he said; giving utterance in ringing tones to that command for which he was And be climbed to the saddle and rode right on, that little old ex- famous, " Come on, boys! " Nothing could possibly be more inspiring Confed. to soldiers in the ranks than the presence on the field of a leader like that. He was known as " Fighting Joe Wheeler," the beloved com· From end to end of the long blue ranks rose up the ringing cheers, mander who never sought to command or urge his men to go where And many a powder-blackened face was furrowed with sudden tears, he him&elf was not always ready and more than willing to lead. As with flashin"' eyes and gleaming sword and hair and beard of snow, [Applause.] Into the bell of shot and shell rode little old Fighting .Toe. ADDRESS BY REPRESENTATIVE MILES C. ALLGOOD, OF ALABAMA Sick with fever and racked with pain, be could not stay away, The CHAIIUlAN . I now take pleasure in presenting the youngest mem­ For be beard the song of the yesteryears in the deep-mouthed cannon's ber of our delegation from Alabama, Hon. MILES C. .ALLGOOD, who bay- represents the Gadsden district, which was ably represented for many He heard in the calling song of the guns there was work for him to do, years by the late John L.. Burnett. Where his country's best blood splashed and flowed 'round the old Red, Representative ALLGOOD. Mr. Chairman, ladies, and gentlemen 1 White, and Blue. The Mme "Joe Wheeler" is a household word in Alabama. We loved Fevered body and hero heat·t! This Union's heart to you Wheleer in his lifetime, and we love his memory to-day. Often it is Beats out in love and reverence; and to each dear boy in blue the case that the heroes of our childhood fade away as we come to Who stood ot· fell 'mid the shot and shell and cheered in the face of the maturity; but to-day marks a striking contrast to this rule in the life foe, of one whQm in childhood I worshiped as a hero. As the years have As, 'Y.an and wbite, to the heart of the fight rode little old Figbting .Toe. come and gone his heroic deeds have become magnified, until he is not The memory of Gen. Joseph Wheeler is the common heritage not only alone the hero of the State of Alabama or a section, but of a Nation. of Alabamians, not only of Georgia, his native State, not only of the Many men from Blount County, Ala., which is my home, joinejl South, but, indeed, it is the heritage of the American people. So long General Wheeler's command, among whom were my father and three as appt•eciat1on of valor, fidelity to duty, love of humanity, and genuine of my uncles. My mother's brother, A. J. Ingram, rose to the rank of patrioti m remain among t the chief characteristics of the American major under his command ; and many are the times I have heard him heart so long will the memory of this man live. Fearless and faithful, live over again the daring deeds of "Fighting Joe Wheeler." brave as a warrior, unselfi h and patriotic in civil and political life, General Wheeler knew bow to take men who were not soldiers and the name of Joe Wheeler will go down through the ages as that of a make soldiers out of them. He knew how to inspire confidence in their great national figure and an outstanding American of his day and souls which caused them to follow him into the very strongholds of generation. [Applau e.] an enemy that often greatly outnumbered his own forces. His marked military ability and strategy place his name high among ADDRESS BY Rl!.'PRESENTATIVE LAMAR JEFFERS, OF ALAB.U!A the leaders of the generals of the world of all R"'es. However, with The CH.iiRMAN. The eloquent words of the Representatives of every his military honors we of Alabama are not content; !or during recon­ part of Alabama are greatly appreciated. Mr. STEAGA-LL, the first struction Joe Wheeler again came to the forefront with his leadership, speaker, comes from the southeastern part of the State and from the and with his steady, untiring, quiet, and unostentatious activities as a district formerly represented by Judge Henry D. Clayton; Mr. OLIYER Representative in Congress, he aided in a large measure in restoring from the Tu~caloosa district ; and Mr. McDuFFIE from the Mobile dis· national confidence in our Government. trict. I am sure that in paying tribute to the services and recot·d ot The people of this Nation were thrilled in 1898 when be volunteered Gen. Joe Wheeler they are doing no more than expres ing the views of his services in the war against Spain. 'rhis one act did more to blot their constituents, many of whom knew ·General Wheeler during the out sectionalism and heal up the wounds between the North and South days of the Civil Wa1· and the Spanish War and would be glad of an than had been accomplished by legislation in a quarter ot a century ; opportunity to be here on this occasion. I now take pleasure in pre­ for with .Toe Wheeler fighting in 1808 under the flag against which he senting R~presentative LA:M:.AR JEFFERS, of the fourth district of bad fought in 1865, there were rekindled throughout the Nation the Alabama. tires of a new patriotism; and well might the poet say: Repre entative .JEFFERS. 1\fr. Chairman and friends, I will detain " Together!" shouts Niagara his thunder-toned decree; you but a few moments. I wish to say that I am indeed thankful " Together !" echo back the waves upon the Mexic sea ; that it is my high privilege, representing the people of the fourth con­ "Together!" sing the sylvan bills where old Atlantic roars; gressional district oi Alabama, to take part in the ceremonies upon " Together . , boom the breakers on the wild Pacific shores ; this occasion when we pay tribute to the memory oi that great soldier " Together " cry the people--and " together " still shall be, and statesman, Gen. Joseph Wheeler. It is indeed an historic occa­ An everlasting charter-bond forever for the free ; sion, my friends, and one which will be a bright page in history fo1· Of liberty tbe s.ignal-seal, the one eternal sign, children and our children's children forever. our Be those united emblems, the Palmetto and the Pine. In studying the life of this great man it se.ems to me that his [Applause.] uuselfl.shness. which has just been referred to by Mr. McDuFFIE, and the sweetness of his character stand out even above all his many other POEM BY HORACE C, CABLISLE, OF ALABAMA most admirable qualities. Repre entative OLIVER. Mr. Chairman, we have with us to-day Mr. I want to refer just here to a letter which he wrote to his soldiers, Horace C. Carlisle, of Alabama, who recently published a book en­ the spirit of whi.ch is indicative of his pure unselfishness. It is dated titled "Poems of Purpose," which has been well received by discrimi­ August 5, 1864, and was wl'itten near Atlanta. Let me say that it nating readers. A few days since he penned a tribute to the states­ has always struck me as being particularly interesting that a great man and hero whom we to-day honor, in three short stanzas-the first part of General Wheeler's activities was upon the soil of his own lettet·s of each line spelling " General Wheeler, Alabama "-which I native State, the State of Georgia. hope Mr. Carlisle will be requested to read. In this letter to hi.s command he said : The CHAIR!IIA...~. Mr. Carlisle will please come to the front. We " Soldiers : The major general commanding thanks his command for shall be delighted, Mr. Carlisle, 1f you will read the poem suggested the energy and determined gallantry displayed in their recent opera­ by Mr. OLIVER. tions. The foiling of a most stupendous effort on the part of the enemy Mr. Carlisle read the following verses : to destroy our country is due to your valor and patrioti~m. During ALABAMA STATESMAN IN STATUARY HALL the present campaign you have captured or killed a number of the Gratitude grows for the great and the glorious, enemy equal to your own strength. You have defeated him in every Even the more, with the passing of years­ action in which you have engaged, captured his cannon, colors, and Nothing save death, over life is victorious, arms. Your great commander, General Hood, appreciates your services. Ending its tasks, be they loved or laborious, " Stand together, my brave soldiers; continue your good conduct, and the lasting gratitude of your count:t-y will be your reward. Ridding its soul of all sorrow and fears- And, with the passing of peril and pain, ".JoSEPH WHE»LER, Major General." Life, laid aside, lives in splendor again. He pays his tribute in his letter not only to the valor of the soldiers under his own command but also mentions the greatness of General When down the centuries, far in futurity, Hood. His self-effacement stands out here, as in all the reeord of his History's pages shall pet1. h, un ought; M!e. Even this statue shall tand in its purity, Reference has already been made to what Gen. Robert E. Lee saiu Emblem of loyalty, love, and security, concerning General Wheeler's extraordinary capability as a Cavalry Long to ennoble mankind in its thought­ officer. The high spots of his career are too numerous to attempt to Each statue, standing in Statuary Hall, enumerat~ them at this time. Raises the hopes and the aims of us all. 1925 CONGRESSIONAL R.ECORD-SENATE 213

And the great Southland, with perfect propt·iety, He was a. great man, a great soldier, and his heart was filled with Loyal to principles, settled by wars; all the. patriotism and love of his country that has ever been in the Aiding the Union, ln times of anxiety, breast of the greatest patriots of this country. My fl'lends, he did By men and means, won renewed notoriety, great things ln the great Civil War. After the war, as you know, he As she defended the Stripes and the Stars- took up the duties of peace and gained distinction. He was one of the Mindful, the Union now answers her call, most inlluential men in Congress for the 20 years that he served. And places Wheeler in Statuary Hall. But after having come back under the Stars and Stripes, when the [Applause.] great -spanish-American War broke out, what did he do? He was a man then 63 years of age, already practically at the retiring age for ADDRESS B¥ SEX.!TOR LAWREXCE D. TYSO~, OF TE~NESSE:m officers of the Regular Army; and yet he VOlunteered immediately to The CHAIRMAN. I now present to you the junior Senator from Ten- go to the front. When I say to you that he volunteered to go to nes ee, General TYSON, of Knoxville, a life-long friend 0 ~ General Cuba we do not fully appreciate what that meant at that time, be­ Wheeler, a brigadier general during the recent World War, With a very cause while there might have been a great deal of danger on the battll'l distinguished record, who suffered the greatest loss of his whole life, field there, there was more danger lurking in the possibility of hanng no douht, in the death of his only son on the battle field in F~ance. yellow fever, the danger of disease, than there was even on the battle Senutor TYso_·. Mr. Chairman, ladies, and gentlemen, I dld not ex- field. Yet this man. throwing aside the great position which he held pect to be here to-day, but I am very glad that I have the opp~rtunity in Congress, went forth and said: "My country, I am ready." And of bein.,. hf>re. I con. itlE>r it one of the greatest honors of my hfe that thank God, we had at that time in the White House a man who I am p;rmitted to participate in the e exercises. was broad enough and patriotic enough and realized the situation I regret that I have not had the opportunity to hear the addresses sufficiently so that he appointed General Wheeler a major general in that have been made. except a short part~of the last one; but, ladles the United States Army; and I say to you that in my judgment the.1·e and gentlemen, I feel that this is one o! the greatest occasions that is no man in this country who did more to bind up the Nation's can happen in our great country. wounds than did this great man whose statue you have unveiled here Think of the Jgniflcance of this wonderful occasion and this beautiful to-day. h.'lll! Think of the spirits of the great men of our country that are 'l'he North and South have come togethe.r so much more since the looking down upon tbis scene to-day! Think of all <>f the assembled Spanish-American War, as you know. It was the binding up of the wisdom represented by tile men whose statues ha\"e been placed here by wounds of thi country; and if the Spanish-American War had ac­ the ,·arions States to represent the best that is in our country; and complished nothing else, it was worth all that it cost to show this think of tbe great honor, the wonderful distinction, that it is to have country that the South was just as loyal to the United States of a sovereign ~tate select a man to represent all that i great in it and America as any other pot·tion of the country. to ba ve his statue placed here for all time! I can not tell you all that I think of this man. I can not expres :lly friends, I can not ay much t<>-day. I have not prepared an to you my feeling for him. I ha\"e a gn>at admiration for him. He address. I feel entirely unable, in so far a I shall be able to express bas done what few men are able to do. His statue is placed he.re my feeling , to do justice to this great occa ion; but I had the honor as an example for our people, for the young men and the young women of having this great man for my personal friend. I knew him not as a of our country to look upon for all time, and to realize that a life of soldier alone, but I kuew him as a statesman, and later in the Spanish- servicE> and sacrific such as his was is the greatest of all lives, and American War, where I had the honor to serve, as he did. that ultimately it is the one that is most appreciated in our country: I want to ay that tl1e first recollection of my life of a general officer, He was a loving father, a tender husband, and almost the sweetest the first great man of the great Civil War that I have known, that man I ever knew in my life. He had a most delightful and charming come to me. i that a a little boy, just about 3 years of age. I got family. I knew him, and I knew his family, and I loved him, my up one morning on my fatller's farm in North Carolina, where I was friends. I loved him for what he was. Everybody loved him, for that born and t heo•o- said at that time that Wheeler's Cavalry had b.een matter. Alabama loved him. You could not know him and not love thro:lgh the night lJefore. lie was there at that very late day, in the him; and his great character as a soldier and as a statesman was lalter part of April, 18G~. still figh ting the enemy and trying to bring excelled only by his great sweetness and kindness and Christian char­ victory to the cause of the Southern Confederacy. He was <>ne of the acter as a citizen. [Applause.] Without the last quality, without yeey 1;._t of all the generals to surrender the great cause for which he Christian character as a citizen, the others count for but little, and hall fought so long and o valiantly; and, my friends, when I look at no man can be a success who has not that idea of Christian character thi. magnificent statue of this great man I feel that Alabama has done and citizenship in him. I never knew a man who had it more than herself proud to b:J.ve selected him to repre ent ber here for all time in ~neral Wheeler. thi ~ the greate.·t company, perhaps, that is to be found in any place in In conclusion, ladies and gentlemen, because I do not wish to detain all the world. you, I want to lay at his feet a wreath, such as bas been the greatest Think of it~ Standing here with Washington, the very first, great tribute that could be paid to any man. It is the thing that all the Pre ident, and all these other great men that have come on during all people throughout the world since the World War do when they want to of these years, and France Willard and these great women, too. Think do honor to those who deserve honor; they bring and lay at the feet of it-being considered great enough to stand in this great company or upon the grave of those who are to be honored a simple wreath, and retwe-entincr uch a great State as Alabama! Alabama has bad great it was the crowning act of the French people when they did the last men. She has sent great men to the Halls of Congress. She has hau great honor to the Unknown Soldier of France. It was the last aml oistin,.,"l.tished men to fight in the great battles of our country; but crowning honor that we did to our Unknown Soldier who sleeps at think of what tbis man did! Here was a man of whom it may be said Arlington. I now lay at the feet of this statue this wreath as the that he had been in all the walks of life. He had had distinction in loving tribute of Tennessee, which I have the honor to represent to-day, every way. He had bad distinction in the same way tbat Washington and not only Tennessee but the United States of America-to a man had it. Few men hHe bad distinction in all the various walks of life. who will live in the hearts of his countrymen as long as this great Washington is one of the few men in our great country who had it. Republic of our shall endure. [Great applause.] But think of a man who was great in war, great ·n peace, and great ADDRESS BY REPRESENTATITE LISTER HILL OF ALABAMA in the bt-arts of hi~ countrymen! That is Joe Wheeler. You know it, and nothing can ever tal>e that from him. The CHAIRMA)I. I am glad now to present Ron. LISTER HILL, Repre- I am proud of the fact that I had the honor of being educated at the sentative in Congress from the second district of Alabama. same academy where he was educated. The great principles that were Representative HILL. Mr. Chairman, ladies, and gentlemen, I have there inculcated into his mind and beart and oul lived throughout his lingered here in the Capital of the Nation that as a son of A.labama life. He went into the Confederacy, as you know; he was one of the I might be present this hour to offer tribute to him chosen to stand verv first men to re ign from the Army and offer his services to the among these immortals, the apogee of her greatness, her genius, her c01;£ederac;r; and let me say to you that in my judgment-and I have glory. Others who knew Gen. Joseph Wheeler will this day gather studi~d the Civil \Yar to a certain e:xtent-Joe Wheeler was one of the the golden threads of his life and weave that story, so thrilling, so greatest generals of that war. He covered more territory, fought in inspiring, so full of good report. mo t·e States, was in more battles perhaps, than any other man who I salute him' as the Confederate soldier. What a flood of mighty fought in the Confederate Army as a general officer. [Apr>lause.] memories is awakened by that heroic title! What a glorious pano- Tbere were 800 skirmishes when lie was under fire. I have been ramn of patriotic achievement it presents to view! How it seems umler fire m~·~: elf, ladies and gentlemen, and if you have not been to fathom the very depths of duty and of devotion, the innermost under fire you will not realize all that it means; but think of that springs of sympathy and of sorrow! As we pronounce it rererently man beinoo under fh·e in skirmishes 800 times and 200 times when to-day the trials and tragedies of the South's supreme sh·uggle pass he comm:nded a large force of men in battle! Show me a like ex- in review, and rising above the stress and strife of conflict is the ample; and when I say that I realize what I am saying. He fought steadfast faith, the abiding patience, the unending loyalty of the Con­ in Kentucky, Tenn e~se e, Mississippi, Louisiana, Alabama, Georgia, federate soldier. South Carolina, and Korth Ca.rolin~. What other general of the gt·eat I I sal~te him' as the soldier of the Republ~c, as the soldier o~ an war co>ered so much territory? ~one, so far as I know. army wtth victory after victory, without a Single defeat or a smgle 214 _CONGRESSIONAL RECORD-SEN ATE MARCH 13 di aster; an army that at San Juan and El Caney added new luster He was a. gr:eat Democrat in all that that term implies. Every throb to the flag and maintained the honor and glory of American arm.!J r of his big, brave heart beat loyal to the masses of the people. lie loved an army t4at drove the band of tyranny from this Western Hemi· the ranK and file and. served them well and faithfully, and in return sphere and showed to the world that men could fight and suffer and they were deeply devoted to him. endure for heroic ideals and for the liberties of other peoples. He was a Member of Congress when Cuba, our sorely affiicted door I salute him as the soldier of the past whose intrepidity and high neighbor, cried out for deliverance from the cruelties of Spanish courage moved . and inspired the American doughboy as he crossed tyranny. He not only favored recognizing the belligerent rights of 3,000 miles of sea, marched down into Picardy and into the fields Cuba but he made known to the President not only his willingness but of Flanders, smashed the Hindenburg line, and saved to the peoples his desire to join the United States Army and follow Old Glory to the of the earth the salvation and the hope that had been given to them battle field against her foreign foe. President McKinley named this on Calvary's heights. great cavalry general of Confederate fame a major general in the I salute him as the statesman who turned to Justice and obeyed her, United States Army. And he was in the forefront of every important who trusted Liberty and followed her. battle in the war with Spain and won distinction and renown by his I salute him as the Alabamian proud of his State, firm in her daring, skill, and genius in the decisive battles of San Juan Hill and faith, loyal to her hallowed past, true to her traditions, and cogni· Santiago. He who had worn the uniform of gray in the settlement of znnt of her potential glory. a great question-a question that bad to be settled before the Federal Last ·and best of all, I salute him as the man holding the high status of the Union was finally and forever fixed-was now wearing the commission of citizenship, an estate higher than public office or uniform of blue in the service of a reunited country against a foreign public honor. His the will to serve and bear; his the will to love foe. Joe Wheeler and Fitzhugh Lee, General Shafter and Frederick and dare; his to build the brother future, to rise to hi"h-born part, on Grant, marshaled beneath the same flag and bivouacked on the same to the city of God. battle field. The fast-falling shadows of the past leave few names of men not President McKinley did a noble and praiseworthy thing when be enshrouded by their gloom. To-morrow's sun will lighten up new appointed the one-time Confederate general, Joe Wheeler, a general shrines surrounded by tireless hosts of hero worshipers. This uay in the United States Army. His great service in the war with Spain .\Jullama places in this hall, sacred with memories, shrine of the was so noteworthy and brilliant, and so much appreciated by the States, with Washington and Lee, her son, the soldier, the statesman, American people, that when the war ended in victory for American the patriot, the citizen, and thus she speaks to all who come, be they arms and General Wheeler's earthly career was ended the constituted from the ends of the earth : Stranger, ponder here ; this figure au~borities of the Government asked the privilege and the honor of molded in bronze, inanimate and voiceless of itself, bespeaks the laying his body to rest in the national cemetery at Arlington. And trength and the beauty, the wonder and the glory of as brave, as there on the slope of a hill near the magnificent and historic old home true, as knightly a people as ever loved liberty or cherished human of General Lee the Government erected a splendid monument to his freedom. [Applause.] memory. ADDRESS BY SENATOR ;r. THOMAS HEFLIN, OF ALABAMA That General Lee greatly appreciated General Wheeler's services a.nd highly regarded him as a.n officer in the Confederate Army is borne The CHAinMAN, I regret exceedingly the unavoidable absence, on out by his own statement when he said, "The two ablest cavalry account of illness, of the senior Senator from Alabama, Hon OscAR W. officers which the war developed were General Stuart, of Virginia, :-;DERWOOD. I now take pleasure in introducing the junior Senator and Gen. Joseph Wheeler, of the Army of Tennessee." from that State, Hon. J. THOMAS HEFLI~. Thirty years later ·Gen. William T. Sherman, who bad commanded Senator HEFLIN. Mr. Chairman, ladies, and gentlemen, we are. as. Union soluiers in the War between the States, and wbo knew at first­ embled here to do llonoL' to one of Alabama's able t, most popular, band of the courage and skill of General Wheeler, said, " In the event and be t belo>ed son , Gen. Joseph Wheeler. Tl1e story of his life of war with a foreign country Joe Wheeler is the man to command i an interesting and inspiring one. In the years of his early manhood the Cavalry of our country." he followed the fortunes of Lee-when knighthood was in flower. In 1898, when the war with Spain came on, General Wheeler was ""hen only 26 years old he was an officer in the Confederate Army, placed in command of the American Cavalry, and General Shafter, in a di'!tingu.ished army corps commander. He was soon promoted to command of the American Army, said that General Wheeler, of the the office of general of cavalry and in this high and responsible office Cavalry division, performed the most difficult task in crossing u stream for one so young, by hls marvelous knowledge of military science and under fire and helping to rout the enemy and win the battle at San his daring and genius as a commander of cavalry, be won such di tinc­ Juan Hill. tion on the field of battle that the Confederate Cono-re. s passed a reso­ lution expressing gratitude for his hero.ic service and praising llim for President Roosevelt. then commander of the Rough Rider Regiment, his valor an·d skill in battle. The historian tell us that be com­ praised General Wheeler for his superb and heroic part in the battle manded in more than a hundred battles, and that the courage and at San Juan Hill. He said, "To him, more than to any other man, was due the prompt abandonment of the proposal to fall back, a pr~ extraordinat·y kill <11. played in all of them marked him as one of the most fearless, able, and useful commanders in the Confederate Army. posal which, if adopted, would have meant shame and disaster." Then General Wheeler was helping to settle a question of far-reaching He was the popular idol of his comrades in two important struggles importance-a question first seriously raised by . orne of the New and a hero of two important wars. And when be was laid to rest England States-as to whether or not the State bad the right to secede in the cemetery at Arlington soldiers who bad worn the blue in the or withdraw from the General Government? War between the States and his old comrades, who bad worn the gray, Charles Francis Adams, of Massachusetts, in his tribute to Gen. followed his remains to their last resting place in the national cemetery Robert E. Lee a few years ago, said, " Prior to the War between the here at Wa hington. States, the opinion was almost universal that In case of conflict be­ Alabama, through her legislature at the last session of that distin­ tween State and Federal Government overeignty resided in the State guished body, designated General ""'heeler as one of those that she is and to lt allegiance was due." He said that Rawle's view of the Con­ entitled to have represent her in the American Hall of Fame, and it stitution was the accepted textbook at the West Point Military gives me pleasure to participate in the exercises at wJ1ich the State Academy when Lee was a cadet there and that it specifically taught that I in part represent in the Senate presents for occupancy in that the secession of a State depended solely upon the will of the people Statuary Hall the statue of GeneraJ Wheeler. [Applause.] of the State. · The CHAIR:O.IAX. On behalf of the people of Alabama, I desire to Doctor Ellis in his history of our country says that "The question thank this large audience for assembling here to honor the memory, the of secession was never authoritatively settled until the war settled it." life, and character of Gen. Joe Wheeler. General Wheeler fought for and was willing to gi>e his life for what ~ou may now consider yourselves dismissed. he conceived to be his patriotic duty in the premises. He accorded to RECESS the northern soldier the arne patriotic impulse and lofty purpose that J be claimed for himself, for be frequently said after the War between the l\Ir. CURTIS. I move that the Senate take a reces until / to-morrow at 11 o'clock a. m. States was over that "Both sides fought for tbe right as God gave The motion was agreed to; and (at 4 o'clock and 20 minutes them the power to see it." He accepted in good faith the settlement of the sword and devoted himself whole-heartedly to the work then at p. m.) the Senate took a 1·ece.ss until to-morrow, Saturday, band. He rendered signal service in rebuilding the South amidst the l\farch 14, 1923, at 11 o'clock a. lll. difficulties a.nd horrors of reconstruction. Ju t as he bad been the idol of his people- as a masterful commander