1897. CONGRESSIONAL RECORD- SENATE. 571

Also, a bill (H. R. 2656) removing the charge of desertion stand­ 212, providing for the relief of Joseph S. Hurst from the charge of in~ against Almon Springsteen, late Company F, One hundred. and desertion-to the Committee on Military Affairs. thirty-seventh Regiment New York Volunteers-to the Conumttee By Mr. McLAURIN: Resolutions of the Sea Island Agricul­ on Military Affairs. • tural Society, of James Island, S.C., relative to duty on cotton­ Also a bill (H. R. 2657) granting a pension to Lavina M. Howe, to the Committee on Ways and Means. widow' of George Howe, alias Thorpe, late Company F, Twentr­ By Mr. McCLEARY: Petition of Dana M. Baer and other citi­ second Connecticut Volunteers-to the Comnnttee on Invalid zens of Luverne, Minn., relative to use of printed wrappers by Pensions. publishers on newspapers-to the Committee on the Post-Office Also, a bill (H. R. 2658) granting a pension to <;Jelia E. pans, and Post-Roads. )Vidow of Wimam E. Dans, late of Company D, SIXth Regiment Also, letter from A. M. Becker, of Adrian, Minn., protesting New York Heavy Artillery-to the Committee on Invalid Pen­ against free distribution of seeds by the Government-to the Com­ sions. mittee on Agriculture. Also, a bill (H. R. 2659) granting a pension to Jerry Drisco~l, By Mr. OVERSTREET: Paper to accompany H. R. 289 a bill late United States Railway Construction Corps-to the Commit­ for the relief of E. G. Fulgate-to the Committee on Invalid Pen­ tee on Invalid Pensions. sions. Also, a bill (H. R. 2660) for the relief of William F. Alger-to By Mr. SNOVER: Petition of Albert Wheeler and 133 other the Committee on Military Affairs. citizens of Michigan, praying for protection against Canadian Also a bill (H. R. 26(>1) for the relief of Marvin Coman, late cattle-to the Committee on Ways .and 1\Ieans. Comp~ny C, One hundred and seventy-eighth New York-to the By :Mr. SETTLE: Petition of W. T. Morris, representing 1,000 Committee on Military Affairs. citizens of Lexington, Ky., favoring the passage of the proposed Also, a bill (H. R. 2662) granting a pension to Rem·y S. Mur­ antiprize fight bill-to the Committee on Interstate and Foreign ray, late private Eight h New York Independent Battery-to the Commerce. Committee on Invalid Pensions. By 1\fr. SPALDING: Papers to accompany a bill for the relief Also, a bill (H. R. 2663) increasing the pension of William A. of Ella R. Stafford, of Ann Arbor, Mich.-to the Committee on Peck, private Company H, Third New York Volunteer Infantry­ Invalid Pensions. to the Committee on Invalid Pensions. Also, papers to accompany bill for the relief of Peter Fisher; Also, a bill (H. R. 2664) granting a pension to Charles H. Wick­ also papers from Peter Fisher, relative to his war record-to the ham, late second lieutenant Twenty-ninth United States Colored Committee on War Claims. Troops-to the Committee on Invalid Pensions. By Mr. ZENOR: Papers to accompany House bill No. 2464, to By Mr. SHAFROTH: A bill (H. R. 266.5) for the relief of A. G. correct the militaryTecord and grant an honorable discharge to Boone-to the Committee on Claims. James Colvin-to the Committee on Military Affairs. By Mr. SPALDING: A bill (H. R. 2666) for the relief of Peter Also, papers and additional evidence to accompany House bill Fisher-to the Committee on War Claims. No. 2470, to grant a p ension to Thomas Bradley-to the Commit­ Also, a bill (H. R. 2667) granting pension to Ella R. Stafford­ tee on Invalid Pensions. to the Committee on Invalid Pensions. By Mr. STARK: A bill (H. R. 2668) for the relief of William Henry Johnson-to the Committee on Military Affairs. SENATE. By Mr. VINCENT: A bill (H. R. 2669) granting a pension to :MoNDAY, Aprt'l 5, 1897. Henry H. Tucker-to the Committee on Invalid Pensions. Also, a bill (H. R. 2670) gt·anting an honorable discharge to The Senate met at 12 o'clock m. G . D. Hooker-to the Committee on Military Affairs. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. Also, a bill (R. R. 2671) for the relief of George W. Warren­ The Secretary proceeded to read the Journal of the proceedings to the Committee on Invalid Pensions. of Thursday last, when, on motion of Mr. LINDSAY, and by unani­ Also, a bill (H. R. 2672) removing the charge of desertion from mous consent, the further reading was dispensed with. the military record of Francis A. Goodeno, deceased-to the Com­ FOREST RESERVATIONS. mittee on Military Affairs. The VICE-PRESIDENT laid before the Senate a communication Also, a bill (H. R. 2673) granting an increase of pension to Mrs. from the Secretary of the Interior, transmitting, in response to a Diana Clark-to the Committee on Invalid Pensions. resolution of the Senate of the 29th ultimo, copies of the orders By Mr. WHEELER of Alabama: A bill (H. R. 2674) for the of the President of the ·united States of February 22, 1897, estab­ relief of Elizabeth Forney, the widow of "\V1lliam H. Forney-to lishing the boundary of certain forest reservations, and also copies the Committee on Pensions. of all papers on file in relation to these reservations, and the rea­ Also, a bill (H. R. 2675) for the relief of the heirs of Dr. Nathan sons for creating the same; which, with the accompanying papers, Fletcher-to the Committee on War Claims. was, on motion of Mr. PETTIGREW, ordered to lie on the table Also. a bill (H. R. 2676) for the I'€lief of John James-to the and to be printed. · Committee on :Military Affairs. MESSAGE FROM THE HOUSE. Also, a bill (H. R. 2677) to correct an error made by the regis­ A message from the House of Representatives, by Mr. C. R . Mc­ ter and receiver of the land office at Huntsville, Ala.-to the Com­ KEl\'1\EY, one of its clerks, announced that the House had passed mittee on the Public Lands. the following joint resolutions: Also, a bill (H. R. 2678) for the relief of Thomas M. Hobbs and A joint resolution (S. R . 20) making the appropriation for the brother, of Limestone County, Ala.-to the Committee on War renewal of the patrol system of the District of Columbia immedi­ Olaims. ately available; and Also, a bill (H. R. 2679) for the relief of Bessie McAlester A joint resolution (S. R. 24) authorizing the Sacretary of the McGnirk-to the Committee on the Post-Office and Post-Roads. Navy to transport contributions for the relief of the suffering poor Also (by request), a bill (H. R. 2680) for the relief of Mary in India. Webster, widow of the late John Webster, of Washington, D. C.­ PETITIONS AND l'rfEMORULS. to the Committee on Claims. The VICE-PRESIDENT presented a petition of the Fairfax Quarterly Meeting of Friends, of Waterford, Va., praying for the PETITIONS, ETU. ratification of the pending arbitration treaty with Great Britain; Under clause 1 of Rule XXII, thefollowingpetitions and papers which was ordered to lie on the table. were laid on the Clerk's desk and referred as follows: Mr. GEAR presented a petition of the executive committee of By Mr. ARNGLD: Petition of E. S. Hartman and 32 other citi­ the National L.ive Stock Exchange, praying that import duties of zens of Belsena Mills, Pa., opposing alien ownership of land in 1 cent per pound on tallow, lt cents per pound on hides~ a scale this country, etc.-to the Committee on the Judiciary. of duty on wool equal to that in fol'Ce prior to the enactment of By Mr. CAMPBELL: Petition of citizens of :McLeansboro and the so-called Wilson tariff bill, and 1 cent per pound on sheep­ l!amilton County, lil., favoring the passage of House bill No. skins after the wool has been removed, whether dried m· pickled, ~0090, Fifty-fourth Congress, relative to ticket brokerage or scalp­ be embodied in the pending tariff bill; which was referred to the ing-to the Committee on Interstate and Foreign Commerce. Committee on Finance. By Mr. DANFORD: Paper to accompany bill to pension Hugh He also presented a petition of the executive committee of the Thompson-to the Committee on lnYalid Pensions. National Live Stock Exchange, praying that all duties le_vied on Bv Mr. EDDY: Remonstrance of A. 1\I. Cameron and 85 other imports of live stock be ad valorem, provided reciprocal duties are piti.Zens of the Seventh Congressional district of Minnesota, oppos­ levied on our exports of live stock and meat food products by such ~g ihe proposed increase of duty on filler and wrapper tobacco­ countries as do not admit the same free; which was referred to the to the Committee on Ways and Means. Committee on Finance. By Mr. GROUT: Resolutions adopted by thePaintand Oil Club He also presented a petition of the :Monthly Meeting of Friends, of New England, favoring a department of trade and commerce­ of Pleasant Plain, Iowa, praying fol' the enactment of legislation to the Committee on Interstate and Foreign Commerce. proh1biting the sale of intoxicating liquors in the District of Co­ By Mr. IDTT: Petition of William Rippin and 21 other ex­ lumbia and the Territories; which was referred to the Committee soldiers of Galen.a, Ill., praying for the passage of House bill No. on the District of Columbia. 572 CONGRESSIONAL RECORD-SENATE. APRIL 5,

Mr. ALLEN presented a petition of the board of directors of ber made into pac.king boxes; which was referred to thfl Commit­ the Nebraska Chicory Company, of Schuyler, Nebr., praying for tee on Finance. the enactment of legislation regulating the import duties on for­ He also presented a petition of the Board of Trade of the city of eign chicory root and the manufactured products thereof, etc.; Washington, praying for the immediate completion of the Wash­ which was referred to the Committee on Finance. ington Aqueduct Tunnel; which was referred to the Committee He also presented a memorial of Cigar Makers' International on the District of Columbia. Union No. 281, of St. Louis, Mo. 1 remonstrating against a further Mr. HALE presented the petition of Charles Hamlin and sundry increase of the duty on raw materials of foreign growth used in other landowners and lumber manufacturers of Maine, and the the manufacture of cigars; which was referred to the Committee petition of D. Sargent & Sons and sundry other lumber manufac­ on Finance. turers of Maine, praying for the imposition of a duty in the pend­ Mr. CHANDLER. I present the petition of R. D. Ruffin, presi­ ing tariff bill of not less than $2 per thousand feet on rough lum­ dent, and D. J. Edwards, secretary of the McKinley and Hobart ber of all varieties; which were referred to the Committee on Working Club of Washington, which appears to be a colored club. Finance. They set out that eighty-five colored girls were dismissed from the He also presented a petition of the legislature of Maine, praying Bureau of Engraving and Printing by the Chief of the Bureau, that an appropriation be made for the construction of a dry dock Superintendent Johnson, and that in the case of all except seven at some port on the coast of Maine; which was referred to the when they were dismissed no other reason was given for such Committee on Naval Affairs. action than the alleged statement of Mr. Johnson that" colored Mr. HOAR. I present the :petition of Charles W. Eliot, presi­ girls were not intended to occupy the positions that they were dent, and 202 other officers of mstruction and government of Har­ then occupying." The club sets out that this is a gross violation vard University Cambridge, Mass., in which they set forth'' that of the civil-service rules. They pray Congress to investigate the the pending arbitration1 treaty with Grea.t Britain is one eminently chai·ges and . to s11mmon before the proper committee the girls fit to be made between two nations renowned for their attachment who were dismissed. to law and theirconfidenceinjudicial decisions, "and they urgently The petition is also signed by a large number of the girls. I re9.uest the Senate to give the treaty an unconditional approval, learn that one of the girls was reinstated at the instigation of the reJecting every amendment that would narrow its scope or impa~ wavm-hearted late Senator from Indiana, Mr. Voorhees. He took its efficiency. Under the circumstances, as the treaty is pending up he1· case and pressed it with such energy and success that she before the Senate, I suppose the petition had better lie on the table. was reinstated. The VICE-PRESIDENT. The Ji>etition will lie on the table. · I move that the petition be referred to the Committee on Civil Mr. BURROWS presented petitions of Canfield & Wheeler and Service and Retrenchment. 5 other firms of Manistee; of Sands & Maxwell and 5 other firms The motion was agreed to. of Pentwater; of Cobbs & Mitchell and 7 other firms of Cadillaci .Mr. FRYE presented a petition of the legislature of Maine, of J. W. Dempsey and 90 other citizens and firms of Manistee; or praying that an appropriation be made for the construction of a A. J. Briggs and 23 other citizens of Edmore, and of H. A. Denj dry dock at some port on the coast of Maine; which was read, and and 9 other citizens of Ithaca, all manufacturers of or dealers iii referred to the Committee on Naval Affairs, as follows: lumber in the State of Michi~an, praying for a duty of not less than STATE OF MAINE. $2 per thonsa.nd feet upon Imported rough lumber; which were Resolve requesting the Senators and Representatives in Congress from Maina referred to the Committee on Finance. to exert their influence to secure an appropriation for a dry dock at some He also presented the petition of Henry S. Cooper and 18 other port on the coast of .Maine. citizens of Midland, Mich., praying for the imposition of a ta~ .Resolved, That the Senators and Members of the House of Representatives in the :Nation.p.l Congress from this State be, and are hereby, requested to of 1 cent per pound on chloride of lime or bleaching powder i~ exert their influence to eecure an appropriation in Congress for the colllltruc­ the pending tariff bill; which w.as referred to the Committee oil tion of a dry doc~ at some port on the coast of Ma.ine, suitable to dock any of Fina.uce. the iron ships and cruisers of the United States Navy; and that the secretary Mr. BACON presented sundry memorials of owners of pine lanaf of state be directed to forward, as soon as may be, one copy of this resolution to each member of Congress from this State. and manufacturers of lumber in Georgia, remonstrating against lN HOUSE OF REPRESENTATIVES, March ~6, 1891. the adoption of any clause in the pending tariff bill providing for Read and passed finally. a rebate on lumber coming from C~nada and made into packi!Ui SETH M. LARRABEE, Speaker. boxes for export trade; which were referred to the Committee on IN SENATE, March f6, 1891. Finance. Read and passed finally. REPORTS OF COMMITTEES. A. R. DAY, President. Approved March 26, 1897. Mr. McBRIDE. I am directed by the Committee on Commerce~ LLEWELLYN POWERS, Governor. to whom was referred the bill (S. 1142) providing for the estab­ A true copy. Attest: lishment of a quarantine station at or near Astoria, Oreg., to re­ BYRON BOYD, Secretary of State. port it adversely. I will explain that the quarantine station prc;>:­ Mr. FRYE presented the memorial of James H. Ryan and 24 posed to be established in this bill is amply provided for in the bill other cigar manufacturers of Mainebremonstrating against the (S. 966) providing for the establishment of a quarantine station a~ proposed increase of duty on filler to acco in the pending tariff or near Astoria, Oreg., favorably reported by the committee on bill; which wa-s referred to the Committee on Finance. the·1st instant. Mr. PETTIGREW presented sundry petitions of citizens of the The VICE-PRESIDENT. The bill now reported will be indefi­ Black Hills of South Dakota, praying that a duty of at least $5 nitely postponed. J"3r ton be placed in the pending tariff bill on all foreign fuller's Mr. HOAR, from the Committee on the Judiciary, to whorq earth imported into the United States; which were refeiTed to was referred the amendment submitted by Mr. FRYE on the 28d the Committee on Finance. ultimo, intended to be proposed to the deficiency appropriation bill, He also presented a petition of sundry citizens of Vienna, Va., reperted favorably thereon, and moved that it be referred to the praying for the passage of Senate bill No. 1538, to regulate the Committee on Appropriations and printed; which was agreed to. value of money, and for other purposes; which was referred to He also, from the same committee, reported an amendment in­ the Committee on Finance. tended to be Froposed to the sundry civil appropriation bill; Mr. McMILLAN presented the petition of George W. Allen and which was referred to the Committee on Appropriations, and sundry other citizens of Deckerville, Mich., praying that in the ordered to be printed. pending tariff bill a tax be imposed on Canadian cattle adequate Mr. PASCO, from the Committee on Claims, to whom was re­ to protect the American cattle industry; which was referred to ferred the bill (S. 937) for the relief of James Sims, of Marshall the Committee on Finance. County, Miss., reported it without amendment, and submitted He also presented the petition of M. E. Wadsworth, president, a report thereon. and members of the faculty of the Michigan Mining School, pray­ He also, from the same committee, to whom was referred the ing that books, engravings, pamphlets, photographs, etc., im­ bill (S. 1106) for the relief of Cumberland Female College, of ported for use of schools and libraries, be placed on the free list McMinnville, Tenn., reported it without amendment, and sub­ in the pending tariff bill; which was referred to the Committee mitted a report thereon. on Finance. He also, from the same committee, to whom was referred the He also presented a petition of the Republicans of Cheboygan, bill (S. 675) for the relief Nancy E. Day, adrilinistratrix of the Mich., praying for a reenactment of the duties on forest products estate of James L. Day, deceased, reported it without amendment, as fixed in the pending tariff bill; which was referred to the and submitted a report thereon. Committee on Finance. He also, from the Committee on Commerce, to whom was re­ He also presented the memorial of J ohnRyland and sundry other ferred the bill (S. 390) to provide for an investigation of th~ citizens of Michigan, remonstrating against any rebate on lum­ obstruction of the navigable waters of Florida, Louisiana, and ber coming from Canada and made into packing boxes for export other South Atlantic and Gulf States by the aquatic plant knOWl.l trade; which was referred to the Committee on Finance. as the water hyacinth, and for other pm·poses, reported it without He also presented a petition of sundry lumbermen of Ford River, amendment, and submitted a report thereon. Mich., praying for a retention of the duties on lumber as fixed in Mr. FRYE, from the Committee on Commerce, to whom w~ the pending tariff bill, and remonstrating against a rebate on lum- referred the joint resolution (S. R. 16) providing for estima.te of 1897. CONGRESSIONAL RECORD-SENATE.· 573 cost of certain improvements of Bridgeport Harbor, Connecticut, certain the intent of section 714 of the Revised Statutes of the reported it without amendment. United States, providing for salaries of judges in certain cases after He also, .from the same committee, to whom was referred the retirement; which was read twice by its title, and referred to the bill (S. 622) concerning sail vessels of over 700 tons, reported it Committee on the Judiciary. · without amendment, and submitted a report thereon. Mr. CHANDLER introduced a bill (S. 1566) abolishing compe· He also, from the same committee, to whom was referred the tition in trade and production, and authorizing combinations to· bill (S. 946) providing for the collection of fees for furnishing enable merchants, manufacturers, and producers of commodities certificates of title to vessels, reported it without amendment, and subject to interstate commerce to maintain prices and make submitted a report thereon. profits notwithstanding business depressions; which was read He also, from the same committee, to whom was referred the twice by its title. bill (S. 620) to promote the efficiency of the .Revenue-Cutter Serv­ Mr. CHANDLER. Although the bill has been carefully pre­ ice reported it without amendment, and submitted a report pared by me, I do not intend to press it as an independent bill. It thereon. will be urged only in case the Senate is inclined to adopt the bill Mr. PETTIGREW, from the Committee on Indian Affairs, to abolishing railroad competition and allowing r ailroad pooling. If whom was refened the bill (S. 869) for the relief of Rev. J. A. competition in railroad transportation is abolished, there is no Gilfillan, r eported it without amendment. · reason why competition should not be abolished in tJ.·ade, m a.nu­ 1l1r. ROACH, from tho Committee on Indian Affairs, to whom facturing, and other methods of producing. Therefore I shall was referred the amendment submitted by l\1r. DAVIS on the 29th urge the provisions of this bill as an amendment to any pooling ultimo, intended to be proposed to the Indian appropriation bill, bill. I ask that the bill may be referred to the Committee on In· reported favorably thereon, and moved that it be print-ed, and, terstate Commerce. 'With the accompanying paper, referred to the Committee on Appro­ The VICE-PRESIDENT. The bill will be so referred. priations; which was agreed to. Mr. ALLEN. Before the bill is referred, I should like to ask 1\Ir. CHILTON, from the Committee on Claims, to whom was the Senator from New Hampshire if the bill is of Republican referred the amendment submitted by Mr. TILLMA~ on the 30th origin. ultimo, intended to be proposed to the general deficiency appro­ Mr. CHANDLER. Unless my own Republicanismcan be called priation bill, reported favorably thereon, and moved that it be re­ in question, it is of Republioan origin, as I alone originated the ferred to the Committee on Appropriations and printed; which bill. I hope it will commend itself, in case the pooling bill is was agreed to. adopted not only to Republicans, but to the three or four kinds of THE HAWAIIAN ISLANDS. Bryan Democrats on the other side of the Chamber. J\Ir. MORGAN. I am directed by the Committee on Foreign Mr. ALLEN. In view of the fact that it originated with the Relations to present to the Senate an address which was delivered Senator from New Hampshire, I am quite well satisfied that i~ before the National Geographic Society of Washington, Friday, reflects good Republican opinion, but I am a little bit suspicious Mru:ch 26, 1897, by Hon. John W. Foster, on the subject of the of the title of the bill. I ask the Secretary to be kind enough to Hawaiian Islands and the relations of the United States to Hawaii. read it again. I move that the address be printed as a. document for the use of The SECRETARY. A bill abolishing competition in trade and the Senate. production, and authorizing combinations to enable merchants, The motion was agreed to. manufactm·ers, and producers of commodities subject to inter·' REMOVALS FROM OFFICE FOR ALLEGED POLITICAL REASONS. state commerce to maintain prices and make profits notwith· Mr. GALLINGER. I am directed by the Committee to Audit standing business depressions. and Control the Contingent Expenses of the Senate to report back Mr. ALLEN. I desire to call the attention of the Senator from favorably with an amendment the resolution submitted by the New Hampshire to the fact that it is rank paternalism. Senator from North Carolina [Mr. PRITCHARD] on the 25th ultimo, Mr. GRAY. I should like to ask the Senator from Nebraska if and I ask for its immediate consideration. he does not think the bill ought to be refeued to the Committee The Senate, by unanimous consent, proceeded to consider the on Finance, where the tariff bill recently proposed by the other resolution, which was read, as follows: House has gone? l\1r. ALLEN. No, I think it ought to go to the Committee oh Resolved, That in considering Senate resolution No. 28 the Committee on Civil Service and Retrenchment shall have power to send for persons and Woman Suffrage-the most harmless committee in this body. papers, to adminiiter oaths, and to examine witnesses, under oath, touching l\1r. CHANDLER. This is the first time I ever knew the Sena-­ the matters which they are hereby empowered to investigate, and may employ tor from Nebraska to be funny, and so I pass over his first attempt a stenographer for said commit we; and the necessary and proper ex-penses by repeating that it is my intention to press this as an amendment incurred in the execution of this order shall be paid out of the contmgent fund of the Senate, upon vouchers approved by the chairman of said com­ to the bill authorizing railroad pooling, on the ground that if mittee, and said committee may sit by subcommittee or otherwise. competition is to be abolished in railroad transportation it should The amendment of the Committee to Audit and Control the be abolished in trade and manufacturing. If the pooling bill is Contingent Expenses of the Senate was, at the end of the resoln tion, not brought before the Senate, I shall not urge the passage of this after the word "otherwise," to add: bill. During the sessions and any recess of the Senate and at such times and Mr. ALLEN. But how can that be done by legislation, I should places as they may deem expedient. like to ask the Senator? How can you abolish competition by Mr. ALLEN. I desire to call the attention of the Senator from legislation? New Hampshh·e to what is evidently a clerical error in the resolu­ Mr. CHANDLER. You can do so in trade and manufacturing tion. The resolution speaks of the committee having authority to just as well as in railroad transportation. send for persons and papers to execute the powers "hereby" Mr. ALLEN. Is not that the rankest kind of paternalism? granted. I infer that what is meant is granted by the resolution Mr. CHANDLER. This bill authorizes ag1·eements to be made to which this is supplementary. I think the word "thereby" with the approval of the Interstate Commerce Commission for should be substituted. . maintaining the prices of merchandise either bought and sold of Mr. GALLINGER. The terms of the resolution are, "and the merchants or produced by manufacturers or other producers. necessary and proper eA.-penses incurred in the execution of this l\Ir. ALLEN. In the palmiest days of Populism no man was order." ever wild-eyed enough or long haired enough to introduce a bill Mr. ALLEN. There is something about the committee being of this kind. "hereby empowered." . Mr. STEWART. Mr. President-- Mr. GALLINGER. "Which they are hereby empowered to Mr. CULLOM. I desire to introduce sundry bills. investigate, and may employ a stenographer," etc. The VICE-PRESIDENT. The Chair must hold that debate is :l'.ir. ALLEN. Is this a part of the former resolution? out of order. Mr. GALLINGER. It js an original resolution. Mr. ALLEN. Very well. J.Ur. ALLEN. It is the original resolution? Mr. STEWART. I should like to make one point. :Mr. GALLINGER. Yes; withanamendment. Ithinkitisin Mr. CULLOM. I believe I have the floor. pro;::er form, I will say to the Senator from N ehra~ka. The VICE-PRESIDENT. The Senator from illinois has the The VICE-PRESIDENT. The question is on agreeing to the floor. am<:lndment of the committee. Mr. CULLOM: introduced the following bills; which were sev­ The amendment was agreed to. erally read twice by their titles, and referred to the Committee on The resolution as amended was agreed to. Pensions: A b]l (S. 1567) to- pension Daniel R. Sutter (with accompany· . BILLS li"lTR~DUCED. ing papers); . Mr. McMILLAN mtroduced a b1ll (S. 1564) granting a pension A bill (S. 1568) to pension David W. Small (with accompanying s~ster to _Marian Klaiber, dependent of Charles W. F. Klaiber, late 1 papers); pnvat.e C_ompany E, Seven_ty-e1gh~h R~giment Ne:v York Volun-~ A bill (S. 1569) to increase the pension of Franklin Baldwin teers~ which wa~ read tWice by Its t_1tle, and, w1~h the accom- (with accompanying papers) ; panymg papers, referred to the Comm1ttee on Penswns. A bill (S. 15'70) to increase the pension of Benjamin F. Bevi!i Mr. LINDSAY introduced a bill (S. 1565) to amend and make (with accompanying papers); · 574 CONGRESSIONAL RECORD-SENATE. APRIL 5,

A bill (S. 1571) to increase the pen~ on of Zenith R. Prather JOHN M. GUYTON. (with an accompanying paper); and Mr. TILLMAN submitted an amendment intended to be pxo­ A bill (S. 1572) granting a pension to Albert Hammer (with posed by him to the general deficiency appropriation bill, the accompanying papers). · amendment proposing to pay John 1\I. Guyton, fm·mer postmaster Mr. CULLOM introduced the following bills; which were sev­ at Blacksburg, S. C., a deficiency arising in his office in 1890; which erally read twice by their titles, and referred to the Committee on was referred to the Committee on Claims, and ordered to be Military Affairs: printed. A bill (S. 1573) granting three months' arrears of pay toW. A. 1\Ir. STEWART subsequently, from the Committee on Claims, Bartholomew (with accompanying paper); and reported the above amendment favorably, and moved that it be A bill (S. 1574) for the relief of Dennis Pride (with an accom­ printed, and, with the accompanying paper, 1·efened to the Com­ panying paper). mittee on Appropriations; which was agreed to. Mr. CULLOM introduced a bill (S. 1575) to amend an act en­ titled "An act to regulate commerce;" which was read twice by AFFAIRS AT KIOWA, ETO.,.INDIAN RESERVATION. l.ts title, and referred to the Committee on Interstate Commerce. Mr. PETTIGREW submitted the follo\ving resolution; which Mr. PLATT of New York int1·oduced a bill (S. 1576) for the was considered by lmanimous consent, and agreed to: incorporation of the Woman's National Health Protective A so­ Resolved, That the Secretary of the Interior be, and he is hereby, directed to transmit to the Senate all the testimony and accompanying exhibits per­ dation; which was read twice by its title, and referred to the Com­ taining to the investigation of affairs at the Kiowa, Comanche, and Apache mittee on the District of Columbia. Indian Reservation, as submitted to him by an i:nspecto1· of his Department Mr. BURROWS introduced a bill (S. 1577) for the relief of February, 1897, together with a report of what action, if any, has been taken Elizabeth B. Eddy, widow of Charles G. Eddy, of N ew York City, by· him or his predecessor upon the same. N. Y.; which was read twice by its title, and referred to the Com­ JOSEPH M'GUOKIAN. • mittee on Military Affairs. Mr. HOAR submitted the following resolution; which was re­ Mr. DAVIS introduced a bill (S. 1578) to auth01ize the Secre­ fened to the Committee to Audit and Control the Contingent tary of the Interior to fulfill certain treaty stipulations with the Expenses of the Senate: Chippewa Indians of Lake Superior and the Mississippi, and mak­ Resolved, That JoseJ>h McGu(lkian be placed on the laboFers' roll of the ing appropriation for the same; which was read twice by its title, Senate at a salary of 5720 per annum, to oe paid monthly out of the contin­ and referred to the Committee on Indian Affairs. gent fund of the Senate. He also introduced a bill (S. 1579) granting a pension to Mrs. GEN. RUIS RIVERA. Jeannette E. Sweet; which was read twice by its title, and Te­ The VICE-PRESIDENT. The Chair lays before the Senate the fened to the Committee on Pensions. resolution of the Senator from Nebraska [Mr. ALLEN], coming over 1\Ir. HOAR introduced a bill (S. 1580) granting an increase of from a previous day. The resolution will be read. pension to Cutler D. Sanborn; which was read twice by its title, The Secretary read the resolution submitted by Mr. ALLEN on and referred to the Committee on Pensions. the 1st instant, ;iS follows: Mr. GALLINGER introduced a bill (S. 1581) granting a pen­ Whereas· it is reported that Gen. Ruis Rivera, a leader of the Cuban army sion to Mary W. C. Burgess; which was read twice by its title, of independence, recently captured by the Spanish foree ,_is to be tried by . drumhead court-martial and shot: - and referred to the Committee on Pensions. Resolved, That in the judgment of the Senate it is the duty of the United -Mr. GEAR introduced a bill (S. 1582) granting a pension to States Government to protest to the Spanish Government against such a James V. Goodrich; which was read twice by its title, and re­ violat.ion of the rules of civilized warfare. ferred to the Committee on Pensions. The VICE-PRESIDENT. The question is on agreeing to the Mr. TURPIE introduced a bill (S. 1583) granting a pension to resolution. Mary Zollinger; which was read twice by its title, and referred to Mr. ALLEN. Mr. President, on the 1st of this month I pre­ the Committee on Pensions. sented this resolution, which, on the objection of the seuior Sena­ J\11·. KYLE introduced the following bills; which were severally tor from Massachusetts [Mr. HOAR], was passed over until this l'ead twice by their titles, and referred to the Committee on Pen­ time. I desire to submit some remarks very briefly in support of sions: the passage of the resolution. A bill (S. 1584) granting an increase of pension to Joshua B. I find in the New York Journal of March 30 the following dis­ Harris (with an accompanying paper); and patch from Habana: A bill (S. 1585) granting an increase of pension to George W. HADANA, Mm·ah SO. Bolster (with an accompanying paper). Gen. Rniz Rivera, who was captured while suffering .from three bullet wounds. while making a desperate resistance against a force that outnum­ Mr. COCKRELL introduced a bill (S. 1587) granting a pension bered ten times his own loyal company, must die the death of a traitor-the to Susan C. Oden; which was read twice by its title, and, with the only fate reserved for a Cuban. accompanying papers, referred to the Committee on Pensions. The fact that Rivera is brave, the fact that he has been a magnanimous foe, a brave soldier, and an upright man, will not spare to rum the death that in LANDS IN MISSOURI. open warf are is meted out only to cowards and spies. Rivera. is to be a. mar­ tyr to the indifference and coldness of other nations who have failed to rec· :M:1-. COCKRELL. The bill (S. 951) to provide for the private ognize the belligerent rights of Cuba's patriots. sale of public lands in :Missouri was introduced by me on the 19th In a later edition of the New York Journal of the same date I <:>f March and referred to the Committee on Public Lands. I ask find a fuller account in a dispatch n·om Habana to the effect that that that committee may be discharged from its further consid­ General Rivera is to be tried by a drumhead court-martial insti­ eration and that it may be indefinitely postponed. tuted by Weyler, and that he is to be summarily executed. The The VICE-PRESIDENT. Is there objection to the request of the first dispatches with reference to the capture of this distinguished Senator from Missouri? The Chair hears none, and it is so ordered. Cuban were to the effect that he was taken prisoner while engaged Mr. COCKRELL. That bill was not in exactly ihe form that I in battle. The second account was that he and some of his staff desire it. I now introduce another bill, which will· be a substitute officers were captured while in hospital suffering from the wounds for the bill just indefinitely postponed. they had received in a previous action. I think there can be no The bill (S. 1586) to provide for the sale of public lando in Mis­ doubt as to the purpose of Spain. to summarily try and shoot, or souri was read twice by its title, and referred to the Committee on in some other manner execute, this gallant Cuban officer. For the Public Lands. pm·pose ·of preventing that, if possible, by public sentiment, or at .AMENDMENTS TO TARIFF BILL. least for the purpose of putting this branch of the Congress of the 'Mr. PRITCHARD submitted six amendments intended to be United States on record in favor of the use of civilized methods in proposed by him to the bill (H. R. 379) to provide revenue for the warfare in Cuba, I have introduced the resolution. Government and to encourage the industries of the United States; Mr. GRAY. May I ask the Senator a question? which were referred to the Committee on Finance, and ordered to Mr. ALLEN. Certainly. be printed. Mr. GRAY. I ask for information. Does the Senator know Mr. CULLOM submitted two amendments intended to be pro­ what the charges against this general are other than that he was posed by him to the bill (H. R. 379) to provide revenue for the taken in arms within the lines of the insurgents or in hospital? Government and to encourage the industries of the United States; Are there any special charges that take his case outside of the which were referred to the Committee on Finance, and ordered to class of those who are captured in waT or in a cont1·oversy such as be printed. exists in Cuba? INVESTIGATIO~ OF POTO::\IAC WATER. Mr. ALLEN. No, sir; there is nothing of that kind that I lmow. Mr. GALLINGER submitted an amendment intended to be I understand the only charge made against this general is that proposed by him to the sundry civil appxopriation bill, the amend­ he was taken in rebellion against the Spanish Government. ment proposing to make an investigation of sources of contamina­ Mr. GRAY. So, if I may be pardoned-­ tion of the Potomac and other rivers; whlch was referred to the Mr. ALLEN. Yes. Committee on Public HeaJth and National Quarantine. Mr. GRAY. The circumstances under which he was taken, and Mr. VEST subsequently, from the Committee on Public Health the only charge that can be made against him growing out of those and National Quarantine, reported the above amendment with an circumstances, would apply to everyone who is concerned in the amendment, and moved that it be xeferred to the Committee on rebellion or insnrrection there? Appropriations and printed; which was agreed to. Mr. ALLEN. Yes; it would apply to any unfortunate general 1897. CONGRESSIONAL RECORD-SENATE. 575

at the head of an army who met with disaster upon the field of to its circumference in consequence of the brutalities being prac­ battle, however well organized his army might be and however ticed by the Spaniards upon the Cubans. Wbat has come over civilized the methods of warfare might be, if there is any such the spirit of our dream? Why have we changed in sentiment? thing as civilization in Wal"fare. This man has been charged with Sir, there is a commercial interest in the United States which de­ nothing in the nature of violating the laws of Spain excepting his mands recognition in this branch of Congress and in the other, and rebellion against Spanish authority, and for that crime the Span- that to a certain extent dominates the opinion and the conduct pre­ fab authorities purpose- to hold a drumhead court-martial and con- vaHing in Congress. They have said that for the United States yict him, as they usually do convict such men, and send him to to take any part in defending Cuba will result in the destruction the scaffold or to the block to be beheaded. · of certain comme1·cial interests here. So, .sir, the scene of merry The senior Senator from Massachusetts at our last meeting said riot and bloodshed and butchery and assassination is to goon upon the Senate of the United States has nothing to do with this case. the Island of Cuba unchecked that these commercial inte1·ests may l dispute and deny the authol'ity of the senior Senator from Mas- make profit out of the transaction! 8achusetts to make that statement. The Senate of the United So far as I am concerned, I propose to do my duty to humsnity; States has something to do with the question whether a war con- I propose to appeal to my country and my countrymen, if I can dneted in our very dooryard is conducted upon the principles of have any influence with them, to stop the bloody work of Spain in modern warfare or is savage and barbarous. Cuba; aiJ,d I would do that, Mr. President, if it sunk for the time We have numerous precedents for expressing our opinion upon being every commercial interest of the United States of America. this question. A year ago, when the Armenian troubles were at A little firmness upon the part of this Government would check their height and when the throats of Armenian Christians were this bloodshed and assassination. If the President of the United being cut by the lmspeakable Turk, the seni ~r Senator from llli- States, authorized by Congress, should send theNavy into Cuban bois [Mr. CULLOM] introduced a resolution expressing the opinion waters and tell the Spaniards they must adopt different methods ·of the Senate upon that subject, and it met universal approval in in their warfare upon Cuba, or every Cuban port, every seacoast thls Chamber, including the approval of the senior Senator from town, would be razed to its foundation.s, the condition of hostil­ )fassachusetts. So from time to time we have expressed our opin- ities would cease in Cuba, and Cuba would be free within three iou upon the conduct of different nations wheretbey were engaged months. ip pet·secnting Christians or were adopting unusual methods in 1\Ir. President, I tru.st the resolution will be adopted . . their warfare. Mr. HOAR. Mr. President, the honorable Senator from Ne- :Mr. President, the United States of America stands out in the braska [Mr. ALL.EN_l, for whom I entertain the mOBt kindly feel­ l:listory of the woTld as one of the most powerful, humane, and ing, seems to be afllicted with a di'3order which is sometimes in Ohristian GoveTnments of modern times. We claim to be the other public institutions than the Senate known as false hearing. ~ham pions of human liberty upon this hemisphere. W «: pride What false hearing is the symptom of experts in other things ourselves upon the fact that no foreign power shall put 1ts foot than international law I suppose must say. upon the soil of the W estei'n Hemisphere without our con.sent, The Senator both to-day and last week began his speech by mak­ ~xpress or implied. We hold to the doctrine announced by Pt·esi- ing some very curious mistakes about what he fancies I haV-e said.

Here is an island at a distance not to exceed1 at its nearest point, unintentionally that the Senator could have construed into giving 100 miles from our coast, and it has been drenched with blood for advice to him. There is not a word in what I said last Thursday two years. Here is a people numbering a million and a half, whose which authorizes either of those suggestions. They come from women and children are in<.,-on tinently butchered upon their native an excited, heated, and most remarkable imagination somewhere. S9il. The methods of civilized warfare are set at defiance and Mr. President, what I contend for is that we should have a abandoned. Rapine, rape, devastation, murder, and assassination proper understanding of the function, duty, dignity, and authority are playing their important parts in destroying the people of of the Senate of the United States. I am one of those people, hav­ Cuba. And yet we, a . great Christian Government, sit here ing spent nearly twenty years of my life with some opportunity within a few hours' ride of that unhappy island and unhappy to observe this body, who believe that the founders of this coun­ .people and are not willing even to raise our voice and give our try were wise and farsighted when they cTeated this great Cham­ influence in their defense. ber; that it was their purpose that there should be somewhere in The senior Senator from Massachusetts seemed to think that the Government of the United States a body of men representing under the laws of neutrality we have no power to intervene in great sovereignties, fitted by long experience and the confidence Cuban affairs, and that we have no right to express our opinion. of their countrymen to deal wisely with great concerns, who The war carried on by Spain against the Cubans is not a civilized should be expected to be the stay and resisting power against those war. All of the methods accompanying civilized war are aban- passionateand:fi.tfulgustsof pubJicsentimentwhich have wrecked doned and all the methods accompanying brutality and savagery every other republic that ever existed on the face of the earth. are employed. I defy the senior Se.nator from Massachusetts or I believe that the name of Senate, in spite of the modern fashion 'a!\Y other Senator to produce in the law of nation.s a word or syl- of reviling of some of our domestic press, in spite of the ignorant iable that requires a civilized powe1· like the United States to sit scurrilities of the London Times, is a great name and a great an­ supinely while butchery and murder and exceptional methods thority, and that when this body bas agreed to do something ~r~vail in the Island of Cuba. Sir, we are 'l?ound to neutrality unanimously a great transaction in human affairs has been ac­ 'only when the methods employed by the Spamards are the meth- complished. I believe it is as true now as when Cicero first said ods employed in civilized warfare. I brought with me, but I shall of the senate of Rome, ''Magna vis est, magnum nomen~ unum et not detain the Senate to read it, a book on international law, con- idem sentientis senatus." But there at·e other gentlemtm who seem ta.ining a statement of the law substantially as I have stated it. to think that the function of this body is the editing of a daily Why should we remain idle while the people in Cuba are being newspaper, to be sold and peddled out at 2 or 3 cents a copy, to d~stroyed? Is there anything about Spain or S'panish history gather up, without much inquiry, all the rumorsofwhathashap­ ;vhich should challenge the admiration of the American people? pened, and then to vie with each other, if they can, in guessing at Sir, for twenty centuries the Celtiberian has been a disgrace to the and predicting what is going to happen. civilized world; for twenty centuries the course of Spain has been Now, what is there before us here? We are asked to pass a reso- marked with blood and with cruelty. Herravages in:Mexicoand lution-a resolution which, if false, is an affront, and which, if· Peru and her more recent ravages in the Philippine Islands and in true, is a condemnation of a powerful and friendly nation. I agree Cuba make her an outlaw nation which no civilized nation should that there are occasions when the interests of civilization and respect or honor. humanity, under international law, wan-ant us in doing that pre- Shall we not do something? Shall we not even raise our voice cise thing. I agree that there may be conducted-either, to use the ~n defense of those defenseless people? Shall we not say to Spain, :phrase of the honorable Senator from Nebraska, at our doors, or 'If you try Rivera or any of the Cubans, you must adopt the fa1·ther off and not at our doors-a great war which would justify usual methods adopted by civilized nations under like circum-~ the expression of opinion of the people of the United States, of stances"? which the Senate is the organ in large part, of abhorrence for its Mr. President, less than a year ago the senior Senator from Mas- brutality. The public opinion of the civilized world is the check sachusetts stood in this Chamber and advocated Cuban rights. I for such things; and an important part of the public opinion of recall the time, less than twelve months ago, possibly a little over lthe civilized world is the opinion of the American people. I agree "twelve months ago, when this Chamber was stirred fr om its center to that. But when we do it, it should mean something. It should 576 CONGRESSIONAL RECORD-SENATE. APRIL 5,

be done with sufficient evidence, on deliberate inquiry, and accord- plenty and comfort and hope in every workman's dwelling, the ing to the methods which mark and attend great procedures of light in the eye of his wife, the well-clad child at school. That great legislative bodies. is prosperity. The disturbance of these business relations, to Mr. President, the oak, which slowly adds its ring to ring for which some gentlemen seem to be devoting their lives, so far as centuries, and not the mushroom, which grows up in a half hour their lives are political or public, means poverty, distress, want, and rots in another half hour, is the fit type for the great and despair in the homes of milHons upon millions of American pea­ powerful American Republic. ple. But for all that, these things are not to be considered when Now, what have we here? In the first place, we have a state- righteousness with public honor, when humanity, when freedom ment of what we think Spain is going to do, and that is all. It is are at stake; and I will join hands with the Senator from Ne- a prophecy, a guess, a prediction-- braska in giving utterance to the public opinion of this people Mr. ALLEN. It is a fact. when the time comes. The question between him and m e is the Mr. HOAR. A surmise, a conjecture; what we suppose she is question whether, if we are to affront or condemn Spain, we going to do; not a fact, but a prophecy. shall do it upon eviden(je ascertained by a committee, or whether Mr. ALLEN. Does the Senator from Massachusetts profess we shall do it without evidence upon the guesses of a Senator, himself to be so ignorant as not-- who, if he does justice to Spain, never yet did justice to anything Mr. HOAR. I do not yield to that kind of an interruption. or anybody else with whom he had a difference. Mr. ALLEN. As not to know that there is an intention on the Mr. ALLEN. Mr. President, I want to reply briefly to some part of the Spanish Government to summarily destroy this man's of the remarks of the Senator from Massachusetts in my very life? · feeble way, and show, if I can, the utter fallacies of the positions Mr. HOAR. It is a prophecy; and the Senator from Nebraska, taken by him. when he has a .little more experience, will, perhaps, discover what 'fhe Senator from Massachusetts denies that he said, on the 1st he does not seem to. have learned, that prophecy is not an exact of April, that we had nothing to do with this question. I reiter­ science, and that no event which has not happened can be accu- ate that he did say so, possibly not in exactly that language, but rately described as a fact. That is the first trouble with this reso- he used its substance. This is what he said-and I read from lution. page 563 of the CONGRESSIONAL RECORD: . The next trouble with it is this: On what evidence does this as- Mr. HoAR. I do not understand that the power of life or death over per- snmed fact or this prediction stand'? We ask to have it go to a sons belonging to either side in the contest in Cuba is committed to the Sen­ committee who have not been charged with being especially sym- ate of the United States, and I do not conceive that the dignity or t.he "th S · d th S t 't · tt f th t authority of this Lody is preserved by taking hasty action and stating that pat h e tic W1 pain, an e ena or says 1 1S a ma er 0 a this or that is rumored about the conduct of some foreign government, e!:ipe- nature that if it goes to a committee composed of the Senator cially a report of something, not that has happened, but that is going to from Alabama [l\Ir. :MORGAN], the junior Senator from Maine happen. rMr. FRYE], my accomplished colleague [Mr. LonGE], and the So the Senator from :Massachusetts did say, or the reporters Senator from Delaware [Mr. GRAY]-those men, of whose opin- were in error, that we-that is, the Senate-have nothing to do ions about Spain and Cuba we know something-they will have so with this question. little respect for it that they will bury it. Mr. HOAR. Does the Senator understand, if he will pardon Mr. ALLEN. I said nothing of the kind, nor did I infer any- me, that saying that we have not the power of life and death in thing of the kind. . Cuba is saying that we have nothing to clo with this question? Mr. HOAR. Let us see what the Senator said. Mr. ALLEN. Mr. President, if we have nothing whatever to :Mr. ALLEN. I had reference to the spirit that was being mani- do with this question, of course we have no power over the ques· fested by the Senator from Massachusetts in opposition to that tion of life and death there. I will admit that the honorable Sen­ resolution, and I am well satisfied that if he were on the commit- ator's logic is more pointed than mine; I will admit my absolute tee he would place this resolution in the caverns of that committee. obtuseness if a distinction can in fact be drawn between the lack Mr. HOAR. Let us see, if the Senator will possess his beauti- of power over the question, the jurisdiction over the question, if ful soul in patience. What the Senator said was: I may use that expression. and yet we retain jurisdiction over the Of course we understand that the reference of the resolution to the Com- life and death of those Cubans. There may be such a distinction, mittee on Foreign Relations- Mr. President, but if there is, it is too fine for my comprehension. Where it would have gone last Friday and been considered this Of course, as to the simile used by the Senator from Massachu· morning if they had a meeting, and would have been reported to setts, and which he was so delicate that he did not apply in direct the Senate if they had been willing to report- terms, if the argument is to have any force, namely, that he is an means its defeat and its destruction. oak of many years' growth and I am a mushroom of recent growth, So we have got a resolution of affront to a foreign country and then I can understand quite well that the Senator understands of prophecy, whichtheSenatqrfromNebraskasays in substance- this matter better than I do, and possibly I would yield to his and I have read the exact language-is of such character that the superior judgment, his superior statesmanship, and his superior Senator from Alabama, the Senator from Maine, the Senator from philosophy. lilinois, the Senator from Massachusetts, and the Senator from Mr. President, the honorable Senator says I am'acting upon ru- Texas will defeat it and destroy it when they get at it. mors, and when I get old enough-! am glad to be charged with Mr. ALLEN. I thought the Senator f1·om Massachusetts was being a youth-to understand the difference between mere rumors the controlling spirit of that committee. · and facts, I shall understand these great and momentousquestions Mr. HOAR. I submit to the Senate that the meaning of that better than I do now. Sir, I have had something to do with the sentence can be nothing else. In the next place, that being the law of evidence during a part of my life, and, for the years I have character of the resolution, what is the evidence which we are lived, have had more to do with it than the honorable Senator asked to substitute for a committee's report? The evidence is the from Massachusetts. I have read Phillips, and Starkie, and Green­ understanding of the Senator from Nebraska, and that is all. "I leaf thoroughly, and almost all the works upon evidence applica­ understand they are going to;" that is what the Senator says. ble to our courts of judicature, with some de~ree of success; of That is all there is of it. ..A.nd we are asked to take this grave course not with the degree of success of the honorable Senator step in our international affairs on the authority of an understand- from Massachusetts, but with sufficient success to enable me to ing which can not report coiTectly the utterance of another Sen- distinguish between a mere rumor and the existence of a physical ator, made in his own ears within five minutes of the time he fact; and when I state that it is a fact that Rivera has been cap­ makes the ·eport. For one, with the kindliest feeling for that tm·ed by the Spaniards and that they are proceeding to a drum­ Senator, I want something better on which to found the great head court-martial, I am not talking about any idle rumor, and transactions of this Government. I want something better to ·the Senat.or from Massachusetts shows his weakness and his pu­ justify the President, to justify the Secretary of State, when they erility when he makes a charge of that kind. Sir, I am talking state the great positions which this Government takes in its great about what the American people know, what you know, and what international relations. every honorable Senator in this Chamber knows, that the man is Mr. President, I repeat, that I am willing to deal with this ques- imprisoned and is in process of trial by "a military tribunal. tion in the great American spirit, to bring to bea1· on Spain, as I Mr. President, I have no desire to engage in a species of guer· would on Turkey, as I would on England, if the proper occasion rilla warfare with the honorable Senator from Massachusetts. I were to arise, the public opinion of the American people. But I have the most profound respect imaginable for his great knowl­ wish to do it in a manner which will not cause that public opinion edge as a lawyer, as a statesman, and as a philosopher, and yet I to be despised, but will insure its being respected. beg the Senate to believe that occasionally I have an idea of my I reject with indignation the aspersion, the insinuation, that I own which I desire to see triumph, and I have an idea that the am guided in dealing with great questions of foreign policy or honorable Senator from Massachusetts does not possess a manop­ with great questions of humanity by the interests or the opinions oly of all philosophy and knowledge. of any class of persons who are looking to mere business success I have not seen a resolution-! will modify that; I have not or advantage. Of course, I should be unworthy of my place here, introduced a resolution in this Chamber, excepting a mere resolu­ I should be unworthy of the companionship of my associalies, if I tion of inquiry, during the four years I have had the honor to were willing unnecessarily to prevent the return of the prosperity occupy a seat here, which met exactly with the opinion and judg­ for which we all hope. Business prosperity means prosperity and ment of the senior Senator from Massachusetts. Sometimes the .... 1897. ·CONGRESSIONAL RECORD-SENATE. 577

purpose was all right, but the language was not quite pedantic Mr. HALE. I do not s·uppose that a state of war exists in Cttba enough; a word had to be stricken out here and a comma inserted as would exist if two powers in Europe fell out with each other there, ·or it had to undergo some other little technical revision. and declared war and went to fighting it out; but that there is a l'tfr. President, this country will be derelict to its duty, notwith­ disturbed condition; that there is insurrection; that it has certain standing the great opinion of the Senator from Massachusetts, if forms, and that it is a guerrilla fight, I have no doubt whatever. it does not raise its voice in defense of the women and children Many lives are sacrificed; much property is destroyed. I have and the homes of Cuba. Oh, I wish I had the power to send Ameri­ followed the reports as carefully as I can, and I do not think the can soldiers upon the lsland of Cuba and to put the Navy in Cub~n insurgents conduct their warfare after the manner that Anglo­ waters; I would grind to millions of infinitesimal pieces the harsh, Saxons conduct their wars, any more than the Spanish Govern­ the brutal Spaniard unless he relaxed his grasp upon the people ment does, nor as much so. I make the motion I have indicated. of that island. Yet, because I say this in true Western style, and Mr. STEWART. Mr. President, if I recollect aright, it is some not with the conservatism of Massachusetts and Massachusetts months since the two Houses passed a resolution asking the Presi­ statesmen, because I give voice to my sentiments and my convic­ dent to recognize the belligerent rights of the Cubans. The mat­ tions, I am, in the judgment of the Senator from Massachusetts, ter was discussed at considerable length, and it was the consensu~ guided by an inflamed and heated im3.oofuation; my language is of opinion that war did exist. Otherwise the resolution would intemperate; and if the honorable Senator did not find that fault have been preposterous. I do not think we can now take a differ­ with me, he would find some other fault. There are no circum­ ent position as to the existence of war. It being a fact that war stances in which I could be perfect in the eyes of that great man. exists, whether or not the President will recognize belligerent Mr. President, I have no desire to retort harshly upon the senior rights, whether or not Congress will take fi!.rther action, it see:q1s Senator from Massachusetts; I have not the slightest desire to do to me, as a friendly power, we ou~ht to take some notice of th~ anything of that kind, and yet sometimes I think that Senator is constant reports that are publishe every day of the mm·der Qf mistaken in his mission in this Chamber, and he forgets that the prisoners, particularly on the part o the Spanish Government. H mantle of an intellectual giant may occasionally, throt~.gh the war exists there, the mode in which it is conducted by the Sparl.­ intervention of two or three generations, descend to an intellectual i~h Government at least is br~tal; it is a disgrace to the civiliz;l­ pigmy. Sir, we shall fail to do our duty, we will be justly con­ tiOn of the age. Therefore I think it would be very p1·oper not to demned in the eyes of the civilized world and in the eyes of the do anything rash, but to inquire, and to inquire speedily and thor­ Christian world, if we neglect to take prompt notice of this matter oughly, if it be a fact that the Spanish Government, after war h~!;! and to call upon Spain for a just and honorable and lawful trial existed in the island for some years~ is murdering prisoners. If for General River~. that be the caset iv is the duty of every civUized government on Mr. HALE. I do not know wh~t is the exact parliamentary earth to protestt that humanity may not be degraded and th~ situation as to the resolution. Is there a motion pending to refer name of civilization disgraced by such cruelties. . it to the Committee on. Foreign Relations? The l>RESIDIN<;l OFFICER. The question is on agreein(J' to Mr. ALLEN. No, sjr. the motion of the Senator from Maine to refer the resolution tothe The PRESIDING OFFICER (Mr. SEWELL in th~ ~hair). No Committe~ on Foreign ltelations. motion is pending. The resolution is before the Senate. Mr. BACON. I ask t.h~t the resolution may a~am be read. Mr. ~OAR. I thought that motion was made on Friday. The PRESIDING OFFICER. The Secretary will again read The PRESIDING OFFICER. The Chair is informed that it the 1·esolution. was only sugge~ted, not made. · The resolutiop w~s ag~jn read_. . Mr. HALE. Then I move that the resolution be referred to the Ml.·. qALL~NG:E{,R. Mr. President, Idesiretooccupyamoment Conunittee Qn Foreign Relations. of the tune of the Senate in the discussion of this question. I After what the Senator from Massachusetts has so well and con­ noticeq that on Thursday last the senior Senator from Massa-chu­ vincingly said, there is no need for me to take the ft~.rther tlme of setts [Mr. HO.A.Jt], whose great learning and patriotisD,l we aJl the Senate. I do not for qne, Mr. President, feel that any factt;J admire, disposed of this question very :r;nuch as he is in the habit };lave been prese!lted to me from any source whatever which would of disposing of other ~eat problems before this body. He settles justify the Sena~ in passing a resolution 130 offensive as tb,e one them by a wave of h1s hana and an utterance of his that is sup­ pending. It has bee!l to no committee. There has been no inves­ pos.ed to a!lswer for the opinio~s of all the other members of this tigation whatever. There is nothing but rumor from the news- body. A littie time ago we had another great question before the . {?aper press. 1 do not believe that this captlired geperal i& in Senate, that of tpe right of certain Senators appointed by the ~anger of immediate trial and execution, because, while l realize executives of their St~t~s to seats in this body. In my feeble way that war in Cuba is not conducted upon ~ithe:r side after the 1 opposed tl!e rj.ght of tho~ gentlemen, and I undertook to give fashion qf Anglo-Saxon warfare, ~ do not belieye t4at the Spanish my r~asons for 1t, and the Senator from Massachusetts on several authorities there arE) :ready to try him by drumhead court-martial occasions since then h~s told the Senate that there 1s no senile hi' and execute him. Ther~ are no fayts to show it. In fact, if it is th~t contention, thBjt the fathers of the Republic intended that true, as the Senator from Nebraska has said, that upon his capture this body should be kept full, that the representation from every the evid~nce discloses that the Spanish authorities proposed to try Sta.~ of the .,America~ Union should not be broken. him by drumhes;td col,ut-~arti~l, he would, have been dead Io1.1g Mr. President, as I have listened to the senior. Senator from ago. The very fact of his unpnsonment, of the delay, qf the wait­ Massachusetts dispose of that question in that manner, I have some­ ing, indicates that no such stringent pro~sses are on foot as dis­ times wondered at mr temerity in ente~tainin~ a different opinion, turb the imagination of the Senator from Nebraska. It would all 't>ut nevertheless I am constrained to d!ffer vnth the great SenatQl' have been ended days ago if such had been the case. from Massachusetts and to enter~ain that opinion, even though it Now, what I want, what I think is in line with the traditions may 'Qe in opposition to hjs great learn~ng and his great patriotism and course of this boay, as indicated by the Senator from Mass~­ and his gre~t research. On Thursday last, when this que~tion waJ;J chusetts, is that on ~o grave a q1;1.estion as this the resolution shall before the Senate, the Senator from ¥assachusetts told us that· be sent to the COII\mittee of this body which has charge of all such Cuba would have been a free Republic before now if it had not matters. I should hope that that committee, acting at once would been for resolutions such as my honorable friend the Senator fro111 inquire of the Stat~ Department what in{o~~tion it has, for that Nebraska has had the temerity to offer. I am not at all sure of that, Department is in daily commu,nication by teJegraph with all its and that I may not misquote the Senator from Massachusetts in this agents of the Government, and there is no day mid p~rhaps no matter, I wish to read his exact words uttered on Thursday last: hour that it is not receiving information. _ We have had some Resolutions of the kind we have had in the last session of Congress, and to experience heretofore in speedy a-etion upo~ newspa:per rumor some extent at this session, were adopted in President Grant's tim~, andl believe that but for those resolutions Cuba would have been a free lslandJ which all of us regretted afterwards ·and of which no Senator was that her freedom would have been secured by the influence of the Unitea proud, whell it wouid all have been saved by the course usually States over Spain, if instead of exerting our power and influence as a great taken in such a ease. liberty-loving couptry aCCQrding to the usages of governments in reiation to ea{:h other, we had not prodded and goaded Spain by absolutely futile and in­ Without consuming more of the time of the Senate, for certain effective rel}olutions, tlie only effect of which was to get some commendation Senators, I know, desire to speak upon other subjects, I 111ove that for somebody in some newspaper at home. the resolution b~ referred to the Committee on F9reign Relations. 4 very courteous critioism upon the honorable members of this ¥r. MORGAN. May I ask the Senator from Maine a q_uestion body. The Senator continued: before he takes his seat? The Se1.1.ator says we all lrnow th~t the I believe i~ i~ as d~monstra.ble as any fact in history that President Grant war in Cuba on either side is not bemg conducted according to and his Administration would have secured the independence of Ct\J:>a but for th.e standard of modern civilized warfare. The question I wis4 to intemperate and hasty a.nd use~ss proceedings of this character. l think we B ould hftve done uch to ame orate the strife, to have hastened its termina.­ ask the. Senator is whether he recognizes the fact that war exists ~~n, and. to have ~ou~ht aboq the establishment of republi~n liberty in in Cuba? C~ba it the resolutlon reported by the Committee onFo~e1gn Relations, origl­ Mr. HALE. Oh, there is a conflict going on there. There is :r;~.ally introduced .Q.ere bf the Ia.te Senator from Pennsylvania, tenderin~ in a fighting, more or less. There-are no great battles fought in that friendly way 0\11' influence with Spain and our mediation t.o secure the mde­ pendence of Cuba1 had been adopted, and if nothing else had been said or done. country. There is a condition of fighting there. Perhaps I am mism~en. That lS my view of this matter. I think the intem­ pera.~e utterances which have been made and action which has been proposeq Mr. MORGAN. Does t4e Senator thin}r-I wish to get his in this and the other House of Congress have been infinitelv mischievous tO opinion about it-that a state of war exists in Cuba? the cause ot freedom in Cuba. - 578 CONGRESSIONAL RECORD-SENATE. .APRIL 5,

Mr. President, I sometimes read history, and I sometimes glean tional government, and I offer up my prayer to·day that notwith­ very important facts from the reading of history. I observe that standing the persecutions these people are· sufferin~, notwith­ the distin~ished Senator from Massachusetts said that in his standing the fact that. the great power of Spain is bemg -exerted opinion if It had not been for intemperate resolutions of this char- with bloody hands to crush out Cuban independence, those people acter, when Cuba was fighting for her independence on a former will yet gain their freedom, and that we will have on that beau­ occa.sion, she would to-day be a. free republic. Let us see who tiful island at our very gates .a republic devoted to the principles offered those intemperate resolutions. We have a very distin- of liberty, of independence, and of equality as between man and guished citizen of this Republic, occupying the high place of Sec- man. rManifestations of applause in the galleries.J tetary of State at the present time, and into his hands to a very Mr. IlOAR. Mr. President, the Senators who have spoken seem large extent are committed these great questions of intemational to think that the way to promote liberty in Cuba is to suppress concern. 1 turn to the RECORD of the 11th day of February, 1870, freedom of speech in the United States Senate. They seem total­ and I find that John Sherman, then a Senator of the United States, erate no opinion but their own. They think that a question as to 'introduced one of these intemperate resolutions which are so dis- the conduct of the Senate in respect to our foreign relations is to turbing to the virtuous heart of the senior Senator from Massa- be discussed by reviling, perverting, misrepresenting, and abus­ chusetts to-day. Senator Sherman in his resolution said: ing other Senators. I shall not follow into that field either Sena- Whereas the United States observe with deep interest the civil war now tor who has spoken, but I wish to state my reason for what I said existing in Cuba, and sympathize with its people, as with the people of all about the effect of the proceedings in this country on the inde­ American nations or colonies, in their efforts to secure independence of pendence of Cuba, and my authority is an extract in my posses­ European power: Therefore, Be it 1·esolved, etc., That the United States recognize the present existence sion from the diary of Mr. Fish, then Secretary of Stat-e. He had of a state of war between the Kingdom of S~ and the colon:y of Cuba, arranged and agreed with General Prim, then coming into the waged on thepartofCubatoestablishitsindependence; and the UmtedStates office of prime minister of Spain, that the insurgents in Cu· ba will observe strict neutrality between the belligerent parties, as is their duty under the law of nations. should buy their independence of Spain for the sum of $100,000,- Mr. President, there was an intemperate resolution, according 000, and that the United States should guarantee the debt. Ne­ totheinterpretation of the Senator from Massachusetts; there was gotiations to that end were going on when the resolutions of 1870 a resolution that was designed to stir the blood of Spain and to weTe introduced. Passionate speeches of the kind we have heard cause her to persecute the Cubans and destroy the Cubans, as she were uttered upon this floor. The result was that all Spain got is undertaking to do at the present time. aflame, and General Prim was obliged to notify our Government Mr. GRAY. What is the dat-e of the resolution? that no administration there, in the existing state of temper of Mr. GALLINGER. February 11, 1870. And I submit to the the Spanish people, could carry out the arrangement. The mis­ honorable Senator from Massachusetts that I feel it is not quite eTy of Cuba. from that day to this has been due to the overthrow right for him at the present time, when this distinguished citizen of that policy of President Grant and of his Secretary, Mr. Fish. of Ohio is the Secretary of State under a R-epublican Administra- The policy of Mr. Fish aJ?.d President Grant was sustained by Mr. 1;ion, before whom these great questions must necessarily come, Sumner and bymenin bathHouses of Congress, never yet accused to criticise ·him in this way and to say that he is responsible for of indllferenceto humanity or public liberty. With them I am con­ preventing the independence of the Island of Cuba. tent to stand, even if for the time I am compelled to part com- Mr. President, I am not going to discuss this question at great pany with my sweet and delect.able friend the Senator from New length. I have a profound conviction that when any grea.t nation, Hampshire. whether it is Spain or any other people on the face of the earth, Mr. BACON. The pending motion is one to refer, and conse­ resorts to the cruelties, the ·barbarities, that are being resorted to quently an amendment is not now in ordm·, but I desire to have read ln. the Island of Cuba to-day, to subdue a people who are fighting from the desk, for the information of the Senate, an amendment £m liberty and for independence, it is the right and the dnty of wlrich I shall propose in case the motion to refer does not prevail. this great Republic to take cognizance of it and t<;> put an end to .Mr. STEWART. We can amend it by unanimous consent. it at the earliest possible day. I do not know whether the Senator Mr. BACON. I shall not ask for that. If the resolution is re- from Maine or the Senator from Massachusetts has any defutif;e ferred, of course it will not be necessary to offer the amendment, knowledge concerning matters that are going on in Cuba. A few because in that case the committee will offer whatever amendment days ago I read a letter from a weman in Cuba to her mother in may be deemed necessary. I submit it now in order that the Sen­ this city, in which she depicts scenes wbich have occurred in that ate may judge whether or not the matter should be referred. island within the last few weeks that would stir the heart of any The PRESIDING OFFICER-. The proposed amendment will Iq.an, whether he is the citizen of a republic or the subject of a be stated. civilized monarchy. Not long a~o I re~d of an instanc.e, and it The SECRETARY. In line 2 of the resolution, after the word has not bee:q denied, where Spamsh soldiers took several mnocent " Government," it is proposed to insert: Cuban children and laid them out before them and sliced them If such .repm.-tis lound to be true. in pieces with their ma~hetes, to show that they eould do it in the So that if amended the resolution would read: most artistic manner possible. Ruol-ved, That in the judgment of the Senate it is the duty of the United Tell me that this is a war such as civilized nations recognize I States Government, if such report is found to be true, to protest to the Span­ Tell me that it is not a war of barbarity; that women are not be- ish Government against such a violation of the rules of civilized warfare. ing outraged; that children are not being destroyed; that inoffen- Mr. HALE. Undoubtedly that is just what the committee will sive men are not being put to death! I say, and I speak only do when the resolve goes to them, and I would suggest to the upon my own responsibility when I say it, that as a member of Senator that if the resolution is sent to the committee, the amend­ this honorable body, without reference to the opinions of the dis- ment should also be sent to the committee. tinguished Senator from Massachusetts or the distinguished Sena- .Mr. GALLINGER. The Senator who effered the resolution has tor from Maine, I shall raise my voice .and cast my vote whenever the right to modify his own resolution. opportunity offers in the direction of inducing this great Govem- ~ Mr. ALLEN. I accept the suggestion of the Senator from ment to exercise its poweTand its influence to terminate as speedily Georgia, and modify the resolution as indicated. as possible a stat-e of barbarism on that neighboring island such Mr. STEWART. If the amendment is unobjectionable, I hope as curdles the blood in the heart of eveTy American citizen when it will be adopted, because-- contemplates it. It is time that war ended; it is time that Mr. HALE. There is a motion to refer pending, and I call for e great nation of Spain should be given to und-erstand that this the Tegulat· order. the close of the nineteenth century, and that war should be The PRESIDING OFFICER. The question is on agreeing to ought upon a higher plane than that of butchery and murder the motion to refer. ~"and of rapine and of the destruction of human lives and propm'ty Mr. GALLINGER. Before the question is put, I desire to make Without going through the processes that civilized nations require. a single {)bservation. The Senator from Massachu etts who has I believe, 1\fr. President, that the honorable Senator from Ne- just spoken is too well versed in diplomacy seriously to cont-end braska spoke words of truth and wisdom when he closed his that because negotiations were in progress and were finally termi­ I"emarks a few minutes ago, by saying that the great commercial nated they were terminated because of any agitation that may f.nterests of this nation to-day are opposed to any action by the have been had in either House of Congress in th.e year 18i0. people or the Government of the United States in Teference to M.r. HOAR. That is what Mr. Fish says. that uncivilized and barbarous war. Every such appeal that has M.r. GALLINGER. Mr. Fish was a man, and Mr. Fishdoes not come to me in this matter has come from those sources. Every say that Cuba would have been given her liberty; but .Mr. Fish <}enunciation that has come to me has come from them. A few says that the proposition was that Cuba should buy her liberty. days ago I received a letter ;full of denunciation from a man, one Suppose that some friendly power had suggested, when Stark of the money changers and speculators of New England, in which started from Manchester, N. H., over to Bennington, that England he said that the men who spoke for Cuba here were speaking to would let up on the colonies if the colonies paid a ransom for their the galleries of the Senate of the United States. I say again that liberty. Stark and the colonists would have rejected it just as I I believe that the Senator from Nebraska spoke words of t1.·ut11 believe the Cubans would reject.any such proposition. They are {l}ld soberness when he made that utte1·ance; but, MT. President, J fightin~ for just the same principles that Stark fought for, and 1ihank God there is yet in the American heart sympathy for the Ifor which the men at Bunker Hill and at Monmouth and atYor~­ oppressed and love for freedom, for independence, for constitu- town fought, and I do not think the Cubans were prepared in 1870• 1897. CONGRESSIONAL RECORD-SENATE. 579 tOr that they are ,prepared now, to buy the liberties that are their So the Serrate refused to refer the resolution to the Committee ,God-given rights. Liberty and freedom are not matters of mer~ · on Foreign Relations. chandise. The PRESIDING DFFICER. The question recurs on agreeing Mr. President, one other observation. The Senator from Massa- to the resolution. , phuse~ts. said tha~ General Gr·ant was greatly interested in the · Mr. BACON. I now move the amendment which was read p.egotiation to which he alluded. I _presume he was, but I want from the desk for information. to call the attention of the Senator from .Massachusetts to the fad ..Mr. ALLEN. I accept that amendment. that in 1870 the atrocities in Cuba were so great, .and they were · The PRESIDING OFFICER. The amendment having been then no greater than they are now, that General Grant as Presi- accepted, it will be adopted by unanimous consent. dent ?~the United States called the attention of Spain to those Mr. LINDSAY. I ask to have the amendment read. 1atroe1t1es and demanded that they should cease, and that, in my Mr. CHANDLER. Let the resolution as amended be read. ~inion, is just what the Government of the United States ought The PRESIDING OFFICER. The resolution as am€D.ded will 'to do to Spain to~day, and every moment we hesitate to perform be read. 1that duty to the suffering, sorrowing, dying people of Cuba we The SECRETARY. After the word" Government," in line 2, in­ are doing wrong to tb.e fundamental ,principles of our Govern- sert the words "if such report is found to be true·" so that as ,ment and to the love of liberty that we all pretend to cherish. I amended the resolution will read: ' 'hope the motion to ~·efer will not prevail. Resolved, That in the judgment of the Senate it is the duty of the United :Mr. STEWART. Befm·ethe motion is put, I want to call atten- State_s Government, if s_uch report .is f~und to be trne, to :r.rotest to the tion to the fact that the resolution in its present shape is com- Spam.shGovernmentagamstsuchav10lat10noftherulesofcivilized warfare. pletely within the lines of every suggestion made here that we Mr. HOAR. Let the entire resolution be read, preamble and all. 'should protest if the Government find .it to be the case that Snain The Secretary read as follows: is bound to try this. great general by a drumhead court-m.ai'tial ~ereas it is r~ported that Gen. Ruis Rivera,~ leader .of the Ouban army and murder him. Is there a man her·e, IS. there a man I·n the drlllliheadof mdependence, court-martial recently and captured shot: Therefore, by the SpaniSh forces, is to be tried by P"rrited States, that fact being found, who would not protest? Beso~ved, That in the judgment of the Senate it is the duty of the United Shall we Tefer the resolution to a committee to ascertain whether State_s Govermnent, if s!1ch report ?.s fo;and to be true, ~ P.rotest to the we .are ~oing to prote~t, if that conaition o~ fact exists? Then, SparushGovernmentagamstsuohaviOlationof therulesof Civilized warfare. besides, It would -occas10n delay. After havrng amended it in its The PRESIDING OFFICER. The question is on agreeing to present shape then to refer it shows a degree of indifference too the resolution as amended. grea.t. I shall call for the yeas and nays on the motioo to refer. Mr. CHANDLER. On that I ask for the yeas and nays. Mr. CHANDLER. The yeas .and nays are called for. Mr · HOAR. I move to amend the preamble of the resolution by The PRESIDING OFFICER. The question is on the motion to inserting in lieu of the words "Whereas it is reported" the words refer, on which the yeas and nays are demanded. "Whereas information has oome to the Senate." Perhaps the Sen- The yeas and nays were ordered; and the Secretary proceeded a tor from Nebraska will accept that amendment. 'to call the roll Mr. ALLEN. Yes; I will accept it. There is no difference in Mr. EARLE (when his name was called). I am pa.ired with the two phrases. the senior Senator from Ohio [Mr. FORAKER]. I do not see him Mr. HOAR. I think there is a great difference. rin his seat, and withhold my vote. Mr. ALLEN. There may be in the mind of the Senator ·from Mr. McBRIDE (when his name was called) . .I have a general Massachusetts. pair with the senior Senator from MiSsissippi [Mr. GEORGE]. The PRESIDING OFFICER. '!'he amendment is accepted. Mr. MORRILL (when his name was called). I am paired with Mr. HOAR. Then in the amendment just adopted the same the seniol' Senator from Tennessee [Mr. HARRIS], and therefore change should also be made. 'withhold my vote. Mr. BACON. The word "information" should also be substi- .M.r. PETTUS (wb.en his namewascalled). Iam.infavorofthe tuted for the word "report"-in the amendment if the preamble •tesolution, but I think the Committee on Foreign Relations ought has been mnended in that way. Ito frame it. I vote" yea." Mr. GRAY. I should like to suggest, as the resolution is about :Mr. PLATT of New York (when hls name was called). I have to be adopted, whether we ought not to be more specific in regard a general pair with the junior Senator from Louisiana [Mr. Me- to the dep-artment of Government. The Government as a whole t.ENERY]. I therefore withhold my vote. includes the executive and the legislative branch as ~ell. Ought Mj. SPOONER (when his name was called). I have a genera1 wenottosnbstitutethewords"thePresidentofthe United States" pair with the Senator from Mississippi [Mr. w ..A:LTHA.LL] who is for the words': the GovernmP-nt of the United States?" absent, and therefore 1 withhold my vote. Mr. CHANDLER. I hope the Senator from Nebraska will The roll call was concluded. accept that amendment, too. Mr. GEAR. I have a general pair with the senior Senator from Mr · .ALLEN· I will accept anythlng that will save this man's ,New .Jersey [Mr. SMITH], and therefore withhold my vote. 'life, I do not care what it may be. · Mr. WILSON. I inquire if the Senator from Florida [Mr. Mr. CHANDLER. There is a prospect of passing theresolu- ;J>Asco] has voted? tion, and I hope the Senator will accept it. The PRESIDING OFFICER. He has not voted. Mr. ALLEN. I accept it. Mr. WILSON. I have a general pair with the Senator from TheP~ESIDINGOFFICER . . T~ean;tendmentwillbeaccepted, Florida [Mr. PAsco], and I withhold my vote. by unammous consent. The question IS on the adoption of the Mr. CLAY (after having voted in the negative). I have a gen- resolution as amended. eral.pair with the junior Senator from Massachusetts [l\lr. LODGE]. Mr. RALE. Let the entire resolution as amended be read. He IS not present, and I do not know how he would vote if he The PRESIDING OFFICER. The resolution as amended will were here. Therefore I withdraw my vote. be read. Mr. FRYE. I am paired with the senior Senator from Mary- The SECRETARY. As amended, the resolution reads as follows: tland [M.r. GORMAN]. Whereas information has come to the Senate that Gen Rills Rivera a The result was announced-yeas 21, navs 27: as follows·. leader

582 CONGRESSIONAL RECORD-SENATE. APRIL 5,

vessels admitted to American ports in the early stage of discrimi- countJ?.-es_. The main. pr~visions of this ~reaty, according to ex­ nating legislation: - CommissiOner of NaVIgation Bates, were m substance as follows: First. Reciprocal h'berty of commerce between the territories of the Year. Tonnage. Year. Tonnage. United Sta.tesanq the British territories inEuro.Pe, but not in America. · . Second. No high~r or other duties on productions of each country than on those o!" other forel.gll countries. 1790 ___ : __ ------21 ,914 1795------~-- · ------~- • Z1',097 Third. Equalitv of duties on American and British vessels in Great Britain .and the United States. :1.791 ••.. - · ~------210,.618 il.796 ______------19,669 37,058 Fo~rth. No discriminative duties on importations, whether by .American 179,! ------or BritisH. vessels, in either Great Britain or the United States. Fifth. Equality of duties, bounties, and drawbacks, and whether in British .Beginning with 218,000 tons in 1790., British 5hipping in our for­ .or American vessels . eign commerce declined during these six years to 19,000 tons. ti~h. Intercourse with the West.Indiesnotto be affected by this conven- British tonnage gained little in our ports in the early years of the . Seventh. Vessels of the United States permitted to trade direct to and I• - present century, but was again reduced t o a1most nothin_g in 1810, fro~ t~e ;p_rincipal British doJ:D:i.njons in the E!!st Indies in articles not pro­ lnOitedJD. :time of war, and not to pay more duties or charges than vessels of 1811, and 1812, until the war of that year. the most favored nation either on vessel or oorgoo. SOME RESULTS OF DISCRIMINATING DUTIES. Commissioner of Navigation Bat-es, commenting on this treaty, The beneficial results of discriminating duties in building up says; our shipping will be found m the records of the Treasury Depart­ The provlBions 0rts and 87 In 1817 Congl'ess :passed another act of reciprocity, whlch had per cent of our exports. . . the effect of further impairing ]Jrotection to American shipping. By an act of COilgress approved in 1804 -tariff anties were in­ In 18.19 our shipping had fallen lower than it had been for twenty­ creased 2t pe:r cent, .and again ±t waB J>r.ovided that"'' an a.ddi­ two yea'l"s. . tion of 10 par eent should be made to the .smd adattional duty in FINAL ACT 011' RUINOU.S BECIPROOITY• respect to all goods impm·ted in ships or -vessels not of the United The "free-freighting act" of 1828, as it was called, was in the _States." Owing to foTeign wars, the United States did not keep interest of foreign shipowners. This .a.ct and tha subsequent up the average from 1801 to 1805 of the carriage in American treaties about accomplished the ruin of our carrying in the ships of our ifor-eign commer-ce, but during this adverse :period, foreign trade. While advantage of it was soon taken by a few made so by war between France and England :and other wars, of the lesser maritime nations, it was not availed Clf by the more American .shi..PS earried 89.8 per cent of our imports .and 86 per powerful notably G:reat Britain, for many years, in consequence cent of our exports. From 1805 to 1810, our proportion of Ameri­ of which our losses of carl'i1Loooe were more gradual and l-ess noticed ·can carriage in the foreign trade increased until it r-eached 92t per than they would have been had the discrimination ceased upon its .cent of the imports and ·88t :per cent of the ~orts. adoption. This .act is even now in force, and nations are not yet In 1810 our shipping and share in the carrying trade of the world .done asking for its benefits.. The treaties follo-wing it have . was about as great as that of England. At this point in the his­ .brought us n-ot ur imports about 30 -per cent, and our exports 45 per , under discriminating duties. _ cent. From th~ close of rthe war nntil1890 these losses h-ave On the whole from 1810 to 1830 there was bnt little decline in been -about 14 per cent in carrying imports and 17 per cent of American carrying in our foreign trade. exports. · Dming the war of 1812 our proportion of carrying in ourforeign The following table shows the losses in our carrying before, . trade only declined to 58 per cent of our ilru><>rts and 51 per cent during, and since the war: of our exports, which was the lowest point it had reached under the policy of discrimination; out this loss was recovered in the Period. Imports. Exports. following five years and maintained until '1830. The policy of discriminating duties ·not only increased om· ship­ Per cent. Per cent. ping, but it built up a merchant marine .and a nayY which stood :Before the war, Sl:years,fromJB29-toJ.8&L.------· 33.60 14.20 us well in hand in the war of 1812. If our fathers hadnotin their During the W811', 4 yearS------1X).10 46 wisdom provided for the protection of shipping 1mmediate~y after Since 1865,25years _____ ------13.30 17.07 I====I ==== the adoption of the Constitution, our carrying would have largely !Percentage of carriage, 1830------~------m.60 86.30 remained in the hands of foreign shipowners, and in the war of Percentage of carriage, 1890..- -~------16.60 9.03 1812 we woUld have been without a mercbant marine and without I ------~~------a navy or seamen to man it-simply powerless and defense1ess uo Lossfrom1830to'l8!)()______------77 77.27 the high seas-.and we would have snff.ered defeat instead of achieving a great victory. It is a remarkable fact that Madison 'This table cov.ers sixtyyears of the-period of maritime reciprocity in the First Congress introduced the bill that protected shipping, under treaties with foreign countries. its pa sage being urged on the ground thatit would build up a On the 7th of January, 1824, .another act was passed which merchant marine and a navy which would be useful in time of impaired discriminating duties. The last act on the subject was waT, and during the war of 1812 he was President and us~d the approved May 24, 1828, .styled in its time "A bill for the relief navy built up under his billtosave theUnitedStatesfrom defeat. of Englafl.d," which withdrew all protection to American ships YIELDING TO JJRITISH PERSUASIONS. and shipbuildingthat these branches of industry had enjoyed un­ der early acts of Congress. After the close of the war of .1812 there grew npin -the Unitad This act is as follows: States a party desirous of conciliating England~ The PresiQrted into the United States in the same inaugurated what was known as" limited maritime treciprocity," from the said foreign nation or from any other foreign country, th said sus­ and thus took away some .of the protection to shipping .gra-nted pension to take eff-ect from the time of such notification being gi>en to the 1794. In dt President of the United States, and to continue so long as the reciprocal ex­ under the laws of 1789 and this act was provided- em}Jti.on of vessels belonging to citizens of the United States and their cargoes, That so much of the several ;acts hnposing duties ou "the 'tonnage of -ships as .aforesaid, shall be continued, and no l

. '1897. CONGRESSIONAL RECORD-SENATE. 583

~ore tha.n apprehension and alarm. Twelve years of peace, a.nd what is the Mter thirty years of trial and experience undBr protection and Situation in Great Britain? The shipping interest, the eradle of our navy, is discriminating duties, Daniel W ebster said, in 1825: half ruined. Our commercial monopoly no longer exists; we have closed the western Indies against America from feelings of commercial rivalry. Its We h ave a commerce which leaves n o sea unexplored; navies which take (l.ctive seamen have already engTossed an important branch of our carrying no law from superior force. trade to the East Indies. H er starred flag is now conspicuous on every sea, D~riminating duties were partially repealed in 1815 and their and will soon defy our thunder. suspension was made possible on ce1·tain conditions by the act of Yet in face of this confession of the success of and growth of 1828. The following table, taken from the reports of the Commis­ American shipping under discriminating duties, the next year sioner of Navigation and the records of the Treasury Department, Oongress w~s induced to give up the last remnant of protection shows the growth of American carrying under discriminating to·shipping. duties and 4s decline under maritime 1·eciprocity:

CumparaUve statement showing proportion of American foreign commerce carried in American ships fran~ 1789 to 1896.

GROWTH. DECLINE. ,PERIOD OF PROTECTED CARRYING UNDER DISCRDIINATING DUTIES, 1789 PERIOD OF UNPROTECTED CARRYING UNDER RECIPROCITY, 1829 TO 1896. TO 1828.

Foreign Foreign Year. trade Imports. Exports. Total. Year. trade Imports. Exports. Total. shipping. shipping.

Tons. Per cent. Per cent. Per cent. Tons. Per cent. Per cent. Percenb. 592,859 93 86 89.5 1789 ------123.893 17.5 30 23. 75 1829 ------346 254 41 40 40.5 1830------537.563 93.6 86.3 89.9 1790 ------­ 538;136 91 80.6 86.5 ).791 ------363;uo . 58 52 55 1831 -.------ill,438 67 61 64: 1832 ______------·--· ---- 614,121 89.4 75.8 83.1 1792 ------6{8, 869 90. 7 75.5 83.8 1793 ------.----- 367,734: 82 77 79.5 1833------438,863 91 86 88.5 1834 ------7ot9,376 89 74.4 83 1794, ------... 788,173 90.2 77.3 84.5 1795 ------529,471 92 88 90 1835* ------576, 733 94 90 92 1836 ------'753 004 90.3 75.4 84.3 1796------'77.6 1797 ------597, 777 9'.3 88 90 1837------__ , ______683:205 86.5 82. 6 600,37'6 91 87 89 Hl38 ------702,962 90.6 82.8 84.2 1798 ------702,400 88.7 78.3 84.3 1799 ------657,142 90 87 88.5 1839 ------1800------·------657, 107 91 87 89 18401841 ------______·-- _. _ 763,838 86.6 79. 9 82.9 1801 ------630,558 91 87 89 788,398 88.4 77.8 83.3 557,760 88 85 g6.5 1842 ------.------823,746 88.5 76.3 82.3 1802 ------856, 930 77.1 77 77.1 1803 ------· ------585,510 86 83 84.-5 1843*------1804------660,514 91 B6 88.5 1.844 ------W0, 471 86.7 70.5 78.6 1805 .. ------·----- 744,224: 93 89 91 1845 ------904, 476 87.3 75.8 81. '1 798, 507 93 89 91 18!6 ------943,007 87.1 76.2 81.'1 1806 ------1,047,454 77.2 1807 ------810,163 9! 90 92 1847 ------65.3 '10.9 1808 ------·------765,252 93 88 .90.5 1848 ------_. ____ ------l, 168, 707 82.9 71.1 77.4 1809 ------906 85S 88 84 86 1849 ------·------1,258,7.56 81.4 68. 9 75.2 1810 ------981:019 93 90 91.5 1850------1,439, 694 77.8 65.5 72.5 !763,607 90 86 88 1851 ------1, 544,663 75. 6 69.8 72.'1 758,636 85 80 82.5 1852------1, 705,650 '74.5 66.5 70.5 lgtl ==~======~==== =~~~==~::=== 672,700 71 65 68 1853.------1, 916,471 71.5 67.1 69.5 674.,633 58 51 M.5 185! ------2, 151,918 71.4 69.3 70.5 :tlgu815------=:=~======-======~~=====: 854,295 71 71 74 18.'>5 ------2, 348,358 77.3 73.8 75.6 816------800,760 73 68 70.5 1856------2,302,190 78.1 70.9 75.2 817------804,851 79 74: 76.5 181i7 ------2,268,196 . 71.8 60.2 70.5 818 ------589 954 85 80 '82.5 1858 ------2,301,14S 'i2 75 73.7 581:230 87 82 '84. 5 1859 ------2,~1,674 63.7 69.9 66.9 819 =~~~==:::::: :::::: ======-= 583,657 90 89 89. 5 1860------2,379,396 63 69.7 66.2 --- ·---- ...... -...... -...... 593,825 92.7 84.9 . .88.7 1861 ------2,49-!,SM - 60 72.1 65.5 ------...... ----- ..... ----- .. ----- 582,701 92.4 ' 84.1 . 88.4 1862 ------.. -----·------2,173, 537 44. 8 54.5 50 -...... ---- 600 003 92.1 87.4 89.9 1863 ------1, 926, 886 43.3 4.0 41.4 ------636;807 93.4 88.7 91.2 1864------1, 4S6,749 24. 6 80 27.5 =::::: ::::::::==~= :::::::: ==== 665 409 95.2 89.2 92.3 1865 ------·------1,518,350 29.9 26.1 27.7 696'221 95 89.6 W.5 1866 ------1,387, 756 25.1 '37.7 32.2 :::::::::::::::::: == :::::::::: 7oi515 94.3 87.5 90.9 186'7 ------· 1,515,648 28 39.1 :sa. 9 7fll,998 91.4 84.5 88.9 1868------1, 49-!, 389 33 36.6 25.1 ------··· ------...... ------1869 ------1,496, 220 31.3 34.9 .33.1 1 1870 ------1, 448,846 33.1 '37. 7 35.6 1871 ------1,36.3,652 31 32.6 31.9 1872------1,359, 0t0 26.8 29.8 29.2 1873 ------­ 1,378, 533 27 25.7 26.4 l874 ------1,389, 815 30.2 24,.6 27.2 1875 ------__. ______. : .... ------1.,515,598 29.2 23.7 26.1 1876 ------1, 553, 705 30.8 25.4 27.7 1877 ------1,570,600 31.5 23.7 26.9 1878 ------1,589, 348 32.2 22.6 26.3 1879 ---- · ------: ... ------1,451,505 31.6 17.6 23 1880 ------1,3H, 402 22 13. 7 17.4 1881 ------1 297 035 19.9 13.3 16.5 1882 ------1;259:492 19.2 ~ .8 15.8 1883 ------· ------1,269,681 20. 7 13.4 16 1884 ------· ------1,276, 972 22.4 14.4 17.2 1885 ------1, 262,1H4 21.3 13.7 15.3 1886 ------988,041 20 13.6 15.5 1887------989, 412 1 .6 12.2 14.3 1888 ------919, 302 18. 5 11. 79 14 1889------999, 619 17.08 11.62 14.3 1890 ------928, 062 16. 68 9. 03 12.9 1891 ------·- '988, 719 15.85 9.26 12.5 1892 ------977,624 17.66 8.11 12.3 1893 ------·-- 883,199 15.5 8.8 12.2 189! ------899,698 19.4 8. 7 13.3 1895 ------8:?2, 347 15.5 8. 2 11.7 11896------8..99, 833 15.7 8.5 12

*Nine months only. It will be seen from this comparative statement that in the first A careful study of the tables just read tells the whole story as to , six years of protection our import carriage in American ships the m erits of the policy of discriminating duties on one hand, and reached 94 per cent and our export carriage 90 per cent. This was free carrying under maritime reciprocity on the other. ThBy show an extraOTdinary growth. Thereafter we could not expect to reach clearly and unmistakably the good results that followed discrimi­ these figures every year, but did in 1807; and in 1825 we carried nating duties from 17 9 to 1830, and they show, with equal clear­ 95.2per cent of imports and 89.2 per centof exports. The average ness, the baneful effects shipping suffered from 1830 to 1896, a proportionate carriage for the period of protection-thirty-nine period of sixty-six years under maritime reciprocity, the decline rears-including the war of 1812, was, for imports, 85.64 per cent, being about 77 per cent. andforexports 76. 81 per cent. Our carriage in 1829 was, imports, Placing these tables side by side, we have the naked facts. No 93 per cent, and exports 86 per cent. From these high figures it amount of sophistry, no amount of explanatiDn, no amount of has dwindleddown in 1896 to 15.7per cent for imports and 8.5per specious argument can change these facts and the results of these cent for exports. •two policies. All impartial minds must agree, in the face of this 584 CONGRESSIONAL RECORD--- SENATE! APRIL 5;

showing, that the policy of maritime reciprocity bas not only been authorizea the Government, in consequence of treaties made with a failure, but under itAmericanshipping in our foreign trade and foreign powers, to make such and so many notable exceptions throughout the world has been well-nigh ruined. The other con­ that these exceptions have almost destroyed the rule. - In 1849 the clusion forc-es itself upon the mind that shipping to grow and pros­ act was definitely repealed by Lord John Russell, crowning the per•• ·'ts-an industry must be protected as it was in the early hi'3tory of efforts of Peel and Cobden to establish free trade. the Government. Protection is the American principle, and there There can be no doubt that the navigation act gave a great and is no reason why it should stop when it reaches the ocean. If lasting impulse to the British merchant ma-rine. needed, American industries should enjoy protection and have Adam Smith, despite his horror and intolerance of all protective encouragement wherever they are, on sea or on land. If protec­ measures, made an exception in favor of the navigation act, which tion to industries on land and to shipping in our coastwise trade he regarded as a wise and patriotic law. It was in his eyes not has been necessary and maintained for a hundred years, why should only an act regulating commerce, but a measure of public safety. it not have been continued as to industries on the high seas? They RECIPROCITY GRADUALLY APPLIED. are quite as important as manufacturing and other interests are Step by step the encircling ring of protection -was broken, but onland. · never with such rapidity that English shipping could suffer from SHIPPING LEGISLATION SINCE 1830. the change of conditions. To each country in turn in which Eng­ Between 1830 and 1860 there was little or no legislation in favor land desired freedom for her ships she granted freedom in h er of shipping, except the subsidy act of 1845, which was in opera­ home and colonial ports. Nothing was done out of consideration tion about twelve years, being repealed by an act of Congress ap­ for her competitors. The result speaks for itself. Great Britain proved by President Buchanan June 14, 1858. During the existence to-day controls 56 per cent of the carrying trade, owns half the of this act American carrying in our foreign trade increased, but floating property of the globe, unfurls her flag over one-quarter declined after its repeal. While in force, in order to counteract its of its area, and rules nearly one-third of its population. Could good effects, Great Britain increased her subsidies to English ship­ this position have been achieved or maintained save by first ex­ ping from $3,000,000 to 85,000,000 per annum. cluding foreign-built vessels from her commerce, and by discrim­ For the la~t thirty years, although there has been from time to inating duties, together with subsidi&s and mail pay on an enor­ time much discussion in and out of Congress on the subject of mous s ~ ale, and other-forms of support? building up the merchant marine and lamentations that American England, under this system of laws in full force for about one carrying was constantly declining, and general expressions that hundred and thirty years, laid the foundation for the present pros­ something should be done looking to its revival, yet during this perous condition of her shipping and commercial supremacy. We period, while many acts of Congress were passed bearing on the are told that England has free trade in shipping and maritime reci­ subject, only four have been important enough to be mentioned. procity, and, as a result, con trois one-half the carrying of the world, These are as follows: . and therefore this policy is best for the United States. But the The act approved February 18, 1867, appropriating $500,000 for conditions are not the same. In the matter of shipping tlie United China mail service and $150,000 for Brazil mail service; States is in one sense now where Engla,nd was when she enacted Act approved June 1, 1872, authorizing the Postmaster-General her navigation laws, and we are not as well off as when we adopted to make a contract with the Pacific Mail Steamship Company for discriminating duties in 1794. If the United States had enjoyed foreign mails between San Francisco, Japan, and China; for one hundred and thirty years the benefits of such navigation Act approved June 6, 1872, providing that all foreign mate!ials laws and had followed them by discriminating duties, large sub­ for building vessels for use in the foreign trade should be admitted sidies, and mail pay, then our people might be willing to adopt free of duty; and an _ free trade in shipping. We would then start in the struggle on Act approved March 3, 1891, commonly known as the postal equal footing. Great Britain adopted free trade-on land before subsidy act. . . . - . . she adopted it on the sea, and the United States would do well not It is not necessary now to discuss the ments of this legislation, to adopt free trade in shipping until after it is tried on land. for the reason that with all these acts in full force carrying in Extract from Nimmo's report on foreign commerce and the practical wo-:-k· our foreign trade has constantly declined. All attempts for fifty ings of maritime reciprocity (Executive Document No. 76, House of Rep• years to aid shipping by mail pay and subsidies have bee~ fail­ resentatives, Forty-first Congress, third session.) ures and it still remains for Congress, in the face of these failures, England clung to her own maritime code of Cromwell and Charles II until to adopt a protective policy for the upbuilding of the American the year 18-19, refusing. us aU reciprocal relations of commerce beyond the direct trade between Great Britain and the United States ·or between the merchant marine. United States and her colonies. She held to her ·colonial tz'a-de with the NAVIGATION LAWS OF GREA.'r BRITAIN. tenacity of a death grip, declaring the entire commerce between the differ­ ent ports of her empire to be a part of her coa.stwise trade. It would take too much time to cive a complete history of the The emancipation of the commerce of the United States from the hostile navigation law's of Great Britain passed during the last twohun­ dred and fifty years, and only a brief outline of their provisions can :~~i~}~~F~~tlo~aFG~~ae~~:~tfne 1~~7~he'l~~o~~t~!tc;du~~~oY~n\~f ~g~r:~= versy" continued for forty yaars. In 1788 England prohibited all intercourse -- be mentioned here showing their··object and what they accom- in American vessels with her colonitl3, thus securing to her own ships the plished. - advantages of three profitable voyages in one, viz, from England to the The famous navigation act was passed to encourage English United States, thence to the British West Indies. and thence home. From It 1651 this policy she wa.s finally compelled to recede on account of the retaliatory merchant shipping. was first promulgated in under Crom­ course pursued by the United States. It is not surprising that at this early well but remodeled in 1660 under Charles II. It was devised to period this contest should have excited profound national intt\rest. The reguiate the following: - question of retaliation against England, or of submission to h er imperious 1. rule. agitated the country for many years. In 1818 an act wa.s passed closing Coasting trade. American ports against British vessels coming from ports which were closed 2. Fisheries. to American vessels. After several restrictive acts on the part of England, 3. Commerce with the colonies. and retaliatory acts on the part of the United States, England finally re­ moved the disabilities of American vessels in the direct trade with her col­ 4. Commerce with the countries of Europe. onies, and the United States relaxed its retaliatory measures. During this 5. Commerce with Asia, Africa, and America. whole controversy the United States, while resisting each act of encroach­ Under its regulations the foll~wing rest~ictions wer~ ~mposed: ment upon her rights as an independent nation, at all times extended to Eng­ 1. Coasting trade was exclusively restncted to Bnt1sh vessels; land the offer of a fair and true reciprocity. Finally, in 1849, England, a tardy follower of the policy of free shipping, crews wholly.English. - which we inaugurated in 1828, passed the act (12 and 13 Viet., chapter 29, 2. Double duties were imposed on products of foreign fisheries. June 26, 1849) abolishing almost all of her former maritime laws. Under the 3. Commerce with colonies exclusively restricted to British ves­ authority conferred upon the Presidl:mt by the act of 1828, the Secretary of the 'l'reasury promptly issued his order to collectors of customs informing sels. Though reciprocity with colonies from time to time was them that British vessels and their cargoes would thencefor th be admitted introduced when it would not be hurtful to British shipping. to our ports from all parts of the world upon the same terms as to duties, 4. Commerce with European countries was restricted to British imports, and charges as American vessels. vessels or to vessels owned by the conntry exporting the commod­ THE INTRENCHED POSITION OF GREAT BRITAIN. ities. All imports in foreign ships were subjected to discriminat­ The advantages that help to perpetuate England's maritime ing duties by tariff act of 1652. supremacy are: 5. Commerce with Asia, Africa, and America was exclusively 1. Her enormous tonnage; more than the combined tonnage of restricted to British vessels. Nothing from these countries could all other nations. be imported into England through any foreign country. Supported by- Only those ships were considered British whose hulls were built ( a) The British Lloyd system of surveys and classi­ in England, and three-fourths of whose crews were English sub­ fications, discriminating in favor of Britisli- ' jects. built vessels. Consuls can act asLloyds agents This act remained in force from one hundred and twenty to one everywhere. hundred and thirty years without material change. The success (b) Discriminations of Association of Marine Insur­ of the American Revolution was one of the main causes of its ance Underwriters, consequent upon Lloyds modification. classification of rlliks. In 1825 the act was entirely remodeled. It was again revised in (c) Mail subsidies amounting to about 84,000,000 an­ 1833 and 1845 by which latter revision the original act was so nually, on which Great Britain is content to completely re~ t ored that it seemed to all intents and purposes to suffer a seeming loss of about $2,500,000 an­ have been once mo!·e put into full operation. A proviso, however, nually. - 1897. CONGRESSIONAL RECORD-SENATE: 585

1. Her enormous tonnage; more than the combined tonnage of fluence, already exce.eding in capital invested the mines and iron works of the Kingdom combined, and only excelled in this regard by agriculture and all other nations-Continued. railways. Supported by- The Commissioner· of Navigation in his report for 1885 says: ( d) Subventions to fast steamship lines as armed It was the great disparagement by Lloyds' agents in the ports of China cruisers, about $250,000 annually. and Japan that prejudiced shippers agamst the steamships of our Pacific (e) Ships manned more cheaply; less number sailors Mail-the Peking and Tol.."io-in 11:!U and 1875. · and low wages. But Consul Jones proves even more forcibly this influence, he (j) Ships supplied more cheaply. says again: · (g) Ships surer of cargoes, having markets every­ Shippin~ creates a great demand for iron and steel in their various forms where. and qualities, as well as for engines and boilers, chains and anchors, sails and (h) Ships, passenger and freight, enjoy prestige for ropes, for every variety of hardware, crockerr, and glassware, and for up­ holstery and carpets, beds and bedding, electric appliances and telephones. safety. Employment is afforded directly a.nd indirectly to an army of men and (i) Tax rate and insurance on ships very low. women·of every social grade and intellectual caliber, from the wealthy ship­ (j) Income from ships high in proportion to English builder, with his estate in the midlands and his seat in Parliament, to the hard-worked puddler at the furnace. rate of interest. Insurance companies and clubs give employment to thousands; govern (k) ·ships' supplies taken from goods in bond, i.e., mentofficers, customs employees. surveyors, savings-bank clerks, stevedores, duty free. and many more derive their livelihood from the traffic of shipping. (l) Dock equipment for repairing finest in the world. Men and boys in the British mercantile navy during 1880 numbered ( m) Less cost of repairs, low price of labor, and low 190,380. rent of docks. United States Consul Morey, of Ceylon, writes as follows: 2. National pride and interest in all marine affairs. The exec­ To my knowledge, for a period of twelve years, and in a great measure even to the present day, beautiful and staunch American vessels have been utive practically with full power in matters of subsidies unemployed in foreign ports, or accepted of freights too low to much mora and aid to shipping. than pay expenses, while crank old foreign craft. just at the tail end of a 3. The possession of the ''beaten track" of international com­ high class a:nd prone t

duties is not the kind that costs individuals or the Government consent to building up private and corporate industries by taking ·anything. Jn.Oney out of the Treasury; but a policy that will keep money FEATUREs oF THE BILL. in the country they will unquestionably sustain. The bill simplyimposes an ad valorem duty of 10 per cent in addi- DIPORTANT BRITISH TESTIMONY. tion to existing duties, orin case of noduty,adutyoflOpercent,on The great free trader, Adam Smith, advocated prohibition and all goods, wares, and merchandise imported into the United States discrimination in favor of British shinping. In his Wealth of in foreign vessels. If these same products should be imported in ·.I:' American ships, then there is no additional duty, and if free they Nations he says: would still remain free if brought in American ships. The bill There seemsl. howevm:, to b e two cases in which it will generally be ad- vantageous to 1ay some burden upon foreign for the encouragement of does not prohibit or exclude foreign vessels from carrying our domestic industry. The first is when some particUlar industry is necessary foreign commerce, as the navigation laws of Great Britain did for ·the defense of the country. The defense of Great Britain, for examplel 'Once. The bill leaves to the importer the cnoice of bringing his depends very much upon the number of its sailors and shipping. The act or . oods in forei!m ships and ·pav1n2' an adaitional duty of 10per cent navigation, therefore, very properly endeavors to give the sailors and ship­ 'g ~ J A ~ ping of 'Great .Britain the monopoly of the trade of their own country, m ·on their value for this privilege, or of bringing them in American some cases, by ab olute prohibitions, and in others by heavy burdens upon ships and paying no additional duty. Great Britain ke-pt just such the shipping of foreign countries. a law in force foT nearly two hundred ·years, not repealing it until A British historian in speaking of the provision in the naviga- 1849. The bill grants protection enjoyed by.indushies on lana and tion law of Great Britain which prohibited goods being imported .shipping in the coastwise trade·io American interests on the high into England except in vessels belonging to British owners and seas. Whatever limitation or restriction is imposed by the policy built by British builders says: of discriminating duties is in the direction of better protection to The result of that act far transcended the wildest dream of Lombard and jhome manufactures and home industries and in favor of shipping Venetian avarice or the grandest schemes of Spanish and Portuguese con­ -and building American sb..ips-two good results. The bill, how- quest. l:t not onlr secured to the people who enacted it the greatest share of the worm's ca.l'rym~ t rade, but 'the trade also knew its master and followed ever, is not intended in any sense to raise revenue; its sole pul'pose with becoming servility. is to build up American shipping. Mr. McGregor, secretary to the British board of trade and It is sugge ~ted that instead Of increasing the duty 10 per -cent it author of McGregor s Statistics, in discussing the policy of dis­ shoul<;l be reduced 10 per cent on .goods imported in American criminating duties and its effect on the shi:p,ning of other nations 'Ships. This is a form of protection, and would be better than con- ~ tinned neglect. But it is submitted that if duties on goods im- ·when "in force, says: ported in American ships should be reduced 10 per cent, then the In the .American navigation laws countervailing auties were imposed upon all ·foreign 'Vessels tradl:ng to the United States of half a dollar a ton duty revenues woul d be reduced in the same proportion, and in ·order beyond what should at any time be paid by American ships; and further, to cut down we must somewhere increase the ·duties above those tlul.t goods imported in fore1gn vessels should pay a duty of 10 per cent over necessary to pay the expenses of the Government. Then again, and above what was payable on the same descriptiOn of goods when imported nder thi's proposi'tion, w:-t-at is to be done ...... ,.;+h prodtlcts admi'tted in Amel'ican 'Vessels. These countervailing duties were directed against the U "" 'n n '-" navigation of Great Britain, and grounded on the same principles as the free? On these, there being no duty, no reduction is possible, and British navigation laws. Various measures to counteract the American srs­ ~... ese go0 ds nr. ld be im o ted .in forei ·u:essel "us:t · """" 1~ tem were devised by the Briti h Government and they failed upon the prm- IJU · -vvU p r .gn • S.J as In ·•<:>SSe~ cip1esofourcontinuingtomaintaininfullforcethenavigationlaws. To all . of the United .States in the future-as in the past. intelligent men it became evident that we had ens-aged in an unequal strug- BILL NOT 'PERFECT. gle, and that the real effect of our policy wa to g1ve a bounty on the impor- is not claun· ed that the bill under ""'nsideration is P"''fect or .ta.tion of the manufacturad goods of other countries .into the United States, It """' = to the gradual exclusion both of our manufactures and ships from the ports will bling all needed relief. It will have to be su_pplemented by of America.. further legislation. It is claimed, however, in its behalf tha;t it This is the testimony of an eminent British authority on the ihas been tried nearly forty years and produced the most beneficial subject or discriminati.ng duties and their beneficial effects on results, and that now, after discriminating auti:es have been American shipping and should carry conviction to ali' Americans ~bandoned for seventy years, this w-ould be a sta~·t in the Tight .entertaining any doubt on the subject. direction. 'The bill is plain, simple, direct, and easily understood. , It strikes out boldly to render help to an industry that islanguish­ WHAT MUST BE DONE FOR SIDPPING. ·ing and without help must perish. When the makers of the Gov­ American carrying must be built up under the operation of law, ernment, immediately after the adoption of "the Constitution, a law that will discriminate in fa-vor of American shjps in carrying desired to encourage and build up sh1pping, they adopted the our foreign trade, especially our imports. if·we had abandoned policy set forth in this bill . They passed other acts in aid of seventy ·years ago the policy of :excluding foreign-built ves ~ e1s from -shipping, all of them snort, direct, and to tbe point, and this our coastwise trade, that trade to-day would be largely in the -was all tha't was done. They dif c9untries not owning ships. Second. It would increase 1897. CONGRESSIONAL ~ECORD-SENATE. 587

shipbuilding; new shipyards would spring up on all our coasts, retaliate against our levying duties of from 40 to 50 percent on their causing the expenditure of hundreds of millions of capital. Third. manufactured products which we import? Simply because itis not Shipbuilding would stimulate other industries of all kinds; it to their interest to retaliate; and for the same reason it will not be would give employment to thousands of skilled and other workmen. to their interest to retaliate against discriminating duties in favor Fourt h. It would save to the people of the United States annually of American carrying. The best answer, however, to this fear of nearly S100,000,000 now paid. to foreign shipowners for carrying -retaliation is our e.x:peri enoein th~ early history of the Government, our imports, with the chance in a few years of saving another under discriminating duties at a time when the Gov~rnment was hundred millions by the increase of shipping and the carrying of just beginning its national life, our population small, and our re­ a large part-of the world's commerce in American bottoms. Fifth. sources undeveloped. During the entire period the United States It would not only build up shipping in the foreign trade, but it maintained discriminating duties Bngland adhered to the same would be the means of extending our tra-de in the foreign markets policy. Not only did she cling tenaciously to the policy~£ -dis­ of the world. criminating duties, but she retaliated in every way she could THE PEOPLE HAVE DECLARED FOR DISCRIMINATING DUTIES. -against American carrying under discriminating duties. But all The policy of discriminating duties as the best means of restoring to no purpose. In the fa.ce of her retaliation and opposition Amer­ shipping is constantly gaining in favor with the people. It was ican carrying increased, and this increase was maintained until indorsed in the platforms of fourteen State conventions held last 1828~ when we abandoned discriminating duties for maritime reci­ year, and in the platform of the St. Louis national convention in procity. Shipowning nations will do everything in theiT power shortof war to oppose the passage of this bill or anyothermeasure -the fo1lowing words: that will increase American shipping. Nearly all nations have We favor restoring the early American policy of iliserimina.ting duties for the upbuilding of our merchant marine and the protection of our shipping in adopted protection to shipping in some form or other. In doing the foreign ca.rrpng trade, so that America.n ships-the product of American so there-has been no retaliation. Why should-any nation retaliate la.bor employed m American shipya-rds, sailing under the Stars and Stripes, against the United States for adopting the form of protection that and manned, officered, and owned by Americans-may regain the ca-rrying best suits its purposes? The .nations wbich now protect shipping of on~· foreign commerce. This indorsement was followed by the hearty approval of the have chosen their way of doing so. Why should not the United States choose its way of protecting shipping in the manner pro­ 'Candidate of that convention in his letter of acceptance, dated posed in the bill under discussion? We would simply exercise our August 27~ 1896, an extract from whlch is as fqllows: rights just as other nation-s exercise theirs in choosing the forms The decla.ration of the Republican platform in favm· of the upbuilding of our merchant marine has my hearty app-roval. The policy of discriminating of protection they prefer. auties in favor of our shipping, which prevailed ·in the early years of our If under discriminating duties in the early history of -the Re­ .history, should be again promptly adopted by Congress and vigorously snp­ public our commerce increased so rapidly in the face of opposition ]>Orled until our prestige and supremacy on tne seas is fully attained. We should no longer contribute directly or indirectly to the maintenance and retaliation on the part of England, why should thf}re be ~y -of the colossal marine of foreign countries, bu.t provide an efficient and com­ apprehension or fear, now that we are strong, have 70,000,000 of plete marine of our own. population., and lead the wo-rld in"almost all branches of industry The candidate of the St. Louis convention, now the honored save shipping? Then, again, if retaliation should be -adopted by Executive of the great Republic, was triumphantly elected on the Great Britain, it would likely become general, in which event principle of -protection to our interests on land and sea. He be­ England, having the la;rges.t -part of the carrying of the world's lieves in both, and that American vessels flying the American :flag ·commerce, would have most to lose. should occupy and use the seas and oceans of the world in ·common The following table by Mulhall shows how the carrying power with other nations, and such protection should be granted ship­ of the world is distributed: ping as will allow them to do so. In this position he is .sustained Carr ying R by a majority of his countrymen. Reference to party action in Flag. power. ati.o. support of this bill is made to show that discriminating duties-are attracting wide attention, and not that it is or should be ..a party Tons. question. The results that would follow its J>assage are so far­ British______------.------.---- 'Z"l, 720, (X)() 56.6 reaching that it should be lifted -above party .:feeling. I sincerely Scandinavian . ------~------·------·------.4,240;000 8.8 hope, Mr. President, that it will not be made a party question, German _------3, 70,000 8.0 French·______.______------2,410,000 4.9 but be supported by all parties. 4.2 The foreign shipping in-terest opposing this bill can -afford to 3.4 buy every steamship line belonging to the United States .engaged ~~~hsia.t;e-s-: ====·===: =~=~======-======:====~==== i: ~ ~ 2.8 our foreign carrying trade rather than see this bill become a k~;~n==== ·==:: :::::::::::::::::::=.=: :::=.=::======i: ~: ~ '2.4 in Various ______------____ 4,280,3JO 8.9 law. RETALIATION. Total ------. ·---- ____ ------48,8!0, (X)() '100 One of thB reasons urged against the J>assage of the "bill under consideration is that Great Britain and other ship-owning coun­ It will be seen from this that England has more carrying power tries will retaliate. But ju-st how or in what way the opponents of than all the other nations of the world combined. H~r inwest the bill do not clearly set forth. The damage to our shipping on the high seas is greatest, and she will hesitate long before put­ that might followretatiation is imaginary. Under the operation of ting it in peril by retaliation or otherwise. -The Unitea States maritime reciprocity and neglect, we have scarcely any -shipping has so little shipping in the foreign trade that in case of retaliation left in our foreign trade. It would be far better to carry in Amer­ she will have but little to lose but much to gain by discriminating ican ships our imports or 50 per cent of our foreign commerce, duties. · which we would do under discriminating duties, with retaliation The London Times in a recent article, after reviewing th-e dis­ .against us, than to carry only 11 per cent, as we do now, with no cussions in the United States on the subject ofTeviving American retaliation. shipping for fifty years, concludes with the following: Washington said: While, therefore, it would be a.1·ash thing to assro·tthat the American mer­ There can be n o greater error than to expect or calculate upon real favors chant navy wm never seriously compete with the British marine , it is safe from nation to natwn. enough to assume that the Unioi,J. Jack is .not likely to have anything to :fear Great Britain will always do at the time whatever her states­ from the Stars an-d Stripes for a long time to come. men may deem to be in her interest. If they should think retalia COMMERCIAL TREATIES WITH OTHER COUNTRIES. tion the best w eapon with which to oppose discriminating duties, It is urged in opposition to the passage of the bill under consid­ they would adopt it and enforce it vigorously. But if Great Britain eration that it would be a violation of certain commercial treaties and other conntries should adopt retaliation, how would that affect entered into with Great Britain and othe1· nations, and that these American carrying? I twould take from American ships the slight treaties-should not be violated with impunity. When the United part they now have in carrying exports from the United States, States wishes to restore its shipping and become independent on which is insignificant. Taking this small business from American .sea as on land, a treaty with England, covered with the dust ships by way of retaliation for adopting the policy of discrimi­ of nearly a century, is brought forth, and we are solemnly told nating duties, could not prevent American ships from carrying its sacred provisions must not be violated, and we must remain nearly a thousand millions of imports from foreign countries, mak­ bound hand and foot, powerless to help ourselves, though what is ing their gros earnings a hundred millions per annum; whereas proposed is right and proper and would benefit our interests. No their earnings now amount only to about "$20,000,000 per annum treaty should stand in the way of our having what belongs to us from carrying both our exports and imports. as a matter of right and having our fair share of the carrying But should European countries adopt retaliation, they must do it trade of the world. Of course no treaty should be violated as hmg in a way not to increase the cost of our farm products to their as it is in force, but this bill expre sly proposes in terms to abro­ people. Two-thirds of all our exports to Great Britain are food gate all treaties or parts of treaties in conflict with the provisions products, and she can not afford to increase the price of these of the bill. Among the ways a treaty may be terminated or ab-ro­ products to her people. It is doubtful whether England would gated one is by act of Congress. Thjs was in contemplation of retaliate; to do so would be to adopt protection and reverse her free­ the contracting powers when these treaties were entered into and trade policy. Why do not England and other European countries ratified. 588 CONGRESSIONAL RECORD-SENATE.

The bill under consideration proposes to abrogate only parts of the President to give notice of the abrogation of that part of th~ the treaties. But the question arises, How about the other pro­ treaty in conflict with the act. With this in view, and for other visions? Will they remain in force or not? Is the abrogation by reasons, the act is to take effect fifteen months after its approval, one of the contracting powers of a clause, or a part of a treaty, The treaties made prior to 1828 contain provisions by which they without the consent of the other an abrogation of the whole lapse by time unless renewed. " treaty? It is not necessary to discuss this question, because if the COST OF OCEAN FREIGHT TO AMERICANS TO CARRY THEIR FOREIGN act abrogates all of these treaties, it would be far better for the COMMERCE. United ::5tates than continuing the policy of maritime Teciprocity. The cost of ocean freight is 15 per cent of the value of exports Under these treaties providing maritime reciprocity American and 10 per cent of the value of imports, or an average of 12~ per shipping on the high seas has declined. cent of the value of exports and imports for carrying the same. • The second article of the treaty with Great Britain, ratified The value of our exports and .imports is about seventeen hundred, December 22, 1815, provides: millions of dollars per annum. 'fhe cost of carrying these prod­ The same duties shall be paid on the importation into the United States of ucts is two hundred millions per annum, the amount annually paid any articles the growth. produce, or manufacture of His Britannic Majesty's by Americans for carrying what they produce and 'Sell and what territories in Europe, whether such importation shall be in vessels of the United States or in British vessels; and the same duties shall be paid on the they buy. To this must be added a bout thirty millions for carrying importation into the ports of any of His Britannic Majesty's territories in passengers, making in all two hundred and thirty millions. Of this Europe of any article the growth, produce, or manufacture of the United freight and passenger business, American shipowners carry about States, whether such importation shall be in British vessels or in vessels of 10 per cent, or nearly two hundred millions, and therefore receive the United States. one-tenth of the cost of the ocean freight, which would be nearly The discriminating duties on imports were wholly abandoned $20,000,000, and foreigners the balance, or two hundred millions. by Great Britain in 1849, and not until then, when she took advan­ If by any policy this 8200,000,000 per annum, or the half of it, could tage of our act of 1828. be paid to American instead of foreign shipowners, thereby keep­ The terms of the same article of the treaty of 1815 as to discrim­ ing this immense sum of money at home, what a change it would inating tonnage duties read as follows: make in the balance of trade in our favor, and what a stimulus No higher or other duties or charges shall be imposed in any of the ports ot the United States on British vessels than those parable in the same ports it would be to shipbuilding and other branches of industry. The by vessels of the United States, nor in ports of His Britannic Majesty's terri­ United States paid 850,000,000 more in 1896 to foreign steamship tories in Europe on vessels of the United States than shall be payable in the companies for carrying our imports and exports than the amount same ports bv British vessels. of taxes collected from internal-revenue sources, and $20,000,000 These are th~ hurtful provisions of this treaty, and are substan­ more than was collected in duties in 1892 under the McKinley tially the same in all the treaties with other countries. tariff. In other words, foreign steamship companies tax our peo­ The treaties are fully set forth in the volume of Treaties and ple for carrying what they buy and sell more than they are taxed Conventions between the United States and Other Powers, 1776to under the internal-revenue laws or more than they were taxed 1887, and are with the countries following, with important arti­ under the McKinley tariff. cle in each one cited: In one sense the two hundred millions we pay to foreign ship­ Argentina. Art. V, Apr. 19,1855, page 9. owners is a loss to our people. It is unlike almost any other ex­ Austria-Hungary. Art. II, Feb. 10,1831, page 23. penditure. Substantially we get nothing in return for it; nothing Belgium. Arts. II~ III, June 29,1875, page 76. Bolivia. Art. IV t..'!an. 8, 1863, page 91. that adds to the wealth of the country. When we buy goods and Brazil. Art. IV, mar. 18, 1829, page 106. products from other nations and pay gold for the same, we get the China. Art. III, Oct. 5, 1881, page 184,. goods in return, and they constitute partofthewealthof the nation. Costa Rica. Art. V, May 26, 1852, page 223. Denmark. Art. III, Oct. 14, 1826 page ZJ2. But when we pay out two hundred millions annually for ocean Dominican Republic. Art. VI, Oct. 24,1867, page 246. freight on goods we buy and sell, when we could keep it at home Ecuador. Art. IV, Sept. 23,1842, page 256. by paying it to American shipowners, we simply deplete the re­ France. Art. V, Feb.12. 1823, page 344. Great Britain. Art. II. Dec. 22, 1815, page 410. sources of the country and make the people poorer. One of the Greece. Art. II, ~'!!r· 30. 1838, pa~e 502. · causes of the depression in business is due to the drain of two Guatemala. . Art. IV, July 28, 185:., hge 509. hundred millions of gold annually paid by the people of the United Germany (Hanover). Art. I, Apr. 184,7, page 523. Germany (Hanseatic League). Art. , June 2, 1828, page 533. States to foreign steamship companies for ocean freights. No Germany (Mecklenburg). Art. I, Aug. 2, 184,8, page 654:. nation, however rich, can stand this great drain for a long time. Germany (Prussia). Art. II, Mar. H, 1829, page 917. In discussing this subject recently Mr. Charles H. Cramp, of Haiti. Arts. X and XI, July 6,1865. Cramp & Sons, of Philadelphia, said: · Hawaii. Art. IV ~,...Nov. 9,1850, page 54:1. Honduras. Art. v, May 30, 1865, pa~e 567. For this drain.there is noreeompense. · It is sheer loss. It is the principal Italy. . Art. V, Nov. 23, 1871, page 582. cause of our existing financial condition. Korea. Art. V, June 4:,1883, page 218. So long as this drain continues, no tariff and no monetary policy can restore Liberia. Art. ill, Mar. 18, 186.'J, page 632. the national prosperity. Madagascar. Art. IV, Mar. 13,1883, page 6«. Until we make some provision to keep at home some part at least of the three Mexico. Art. V, Apr. 5.1832, page 665. hundred and odd millions annually sucked out of this country by foroign New Grenada. Art. IV, June 12, 184,8, page 196. shipowners and shipbuilders, no other legislation can bring good times baCk Netherlands. Art. III, Feb. 26, 1853, page 764:. again. Nicaragua. Art. V, Aug. 13, 1868, page 780. It is a constant stream or gold always flowing out. · Paraguay. Art. V, Mar. 12 1860, page 831. The foreign shipowner who carl'ies our over-sea commerce makes us pay Peru. Art. IV, July 27,1874,1 page 877. the freight both ways. . PortuB'al. Art. II, Apr. 2!, 184:1, page 82. For our exports we get the foreign market price less the frei~ht. PruSSia. Art. II, May 11, 1833, page 39. For our imports we pay the foreign market price plus the freight. Russia. Art. II, May 11, 1833, page 933. · The result of all this is that while this country has never known such Salvador. Art. IV, Mar. 13,1874:, page 958. industrial stagnation and such financial distress, England has never known Spain (Cuba and Puerto Rico). Art. I. Oct. 27, 1886,~age 1203. such industrial activity and financial prosperity as now. Sweden and Norway. Art. 0. Jan. 19,1828, page 1059. E.x-United States Commissioner of Navigation Capt. W. W. Turkey. Art. VIII, July 2,1862, page 803. Venezuela. Art. VI, Sept. 25, 18til, page 1132. Bates, in his book, American Marine, published in 1892, on page Seven of these treaties were made before 1830. Six in the decade 25, says: An amount of money not less than $4,500,000,00J, or au average of 8150,000,000 ending 1840. Six were adopted in the ten-year period ending 1850. annually, for thirty years past" has been paid out to foreign ships for ocean Four were made previous to our civil war, and fifteen have been transportation. To stop this urain nothing effective has been done, the made since 1860. political mind seeming to be fully occupied with other questions of local or In entering into the treaties providing for maritime reciprocity secondary importance. ' the United States abandoned discriminating duties, which was Thirty years is but a span in the life of a nation; yet we have the greatest protection American shipping eyer enjoyed, and under paid, in this short period, nearly as much as the cost of our civil which it prospered as it never has since. The true intent and mean­ war to foreign shipowners for carrying our exports and imports. ing of these treaties was that as between the contracting powers By restoring the policy of protection and discriminating duties ocean carrying should be free and reciprocal and in effect put adopted in the early history of the Government, and in foree for upon an equal footing. The United States has observed the spirit forty years, a large part of this vast sum could be saved to our of these treaties, and has rendered but little or no aid to take people. the place of the protection enjoyed under discriminating duties. BUSINESS PRINCIPLES ARE THE S..UIE EVERYWHERE, AND APPLY WITH Other nations, especially Great Britain, France, Germany, and EQUAL FORCE TO THE GOVER::'

the control of rivals, for fear it might happen that they might not can not cure. When this point is i·eached, law must intervene to be able or would refuse to do the transportation. So it is with the overcome unequal conditions. Government. It should adopt a policy that would allow its own England goes so far in the way of aiding some steamship com­ people to have the business and enjoy the profits resulting from panies as to guarantee out of her treasury dividends on their carrying its foreign commerce, and added to this, in emergencies stock. The people of the United States will never agree to guar­ or in case of war be independent and not run the risk of having antee dividends on American steamship companies' stock. its commerce destroyed. The United States only strengthens the In 1894 the loss to Great Britain in mail subsidies was $2,250,000 hands of its rivals in shipping and commerce by giving them the over and above the receipts for carrying the mails. It is estimated carrying of what our people buy and sell. that her subsidies, mail_pay, and other aids amount annually from COST O.F OUR CONSULAR SERVICE . $3,500,000 to $4,000,000, which in twenty years would amount to The consular service costs annually about $400,000. It was es­ $70,000,000. Another objection to aid by subsidies is, it can not be tablished and is still maintained for the extension of our trade in general and discriminates in favor of the lines receiving it and the various po.ts and districts where established. It will be found against those that do not. Aid should be general and extend that a large part of this sum is yearly expended in salaries to con­ equall and alike to all kinds of shipping, both steam and sail. suls at ports where American vessels are rarely seen. We send Discriminating duties would help all shipping alike. consuls to Glasgow, Hull, Cardiff, Manchester, Belfa-St, Dublin, Subsid ies and payments jo1· the ocean 1nail se>·vice of Great Bri tain an d the Cork, Portsmouth, Amsterdam, Stockholm, Christiania, Berjen, United States from 1848 to 1891. Palermo, Venice, Athens, Constantinople, Bayonne, Genoa, Naples, Rotterdam, Copenhagen, and all ports on the Baltic and Black United States. Great Brit- Percentage seas, and during the year 1895 not an American vessel touched at ain. paid- _ any of these great ports. If the American people are to allow Subsidy and mail payments- shipping to continue to decline, and finally disappear from the Year. To To high seas, why maintain a foreign consular service at so great an Subsidy to ToAmer- To for- Total Amer- for- expense? British ican eign amount ican eign steamers. steamers. steamers. paid. steam- steam- WE IMPROVE OUR HARBORS FOR THE BENEFIT OF FOREIGN SHIPPTNO. ers. ers. The United States appropriates annually millions of dollars to --- improve its harbors, largely for the benefit of foreign shipowners. 1848------$3,250,000 $100,500 ...... ----- $100,500 100 ------Foreign steamship companies carry nearly all of our foreign com­ 1849 --········-- 3,180,000 235, 086 -·------235,086 100 ...... merce and own or control most of the valuable water fronts in 1850 --····--···· 5, 313,985 619, 924 ...... ----- 619,924 100 ------·- 1851 .....•...... 5, 330,000 1,46.'>,818 ------...... 1,485, 818 100 ------our ports. Some of the British steamship lines pay as much a-S 1852 ····-· •••..• 5, 510, 6-35 1,655,2il ...... - ---- 1,655, 241 100 ------$100,0QO a year rent for dock privileges in New York. In looking 1853 -·····-.•.•• 5,805,400 ' 1,880,273 ------1,883, 273 100 1854 ---··· ••...• 5,950,559 1, 903, 286 ...... 1, 903,286 100 ------...... over miles of docks in the harbor of New York only foreign flags ...... ___ flying from the masts of foreign ships are seen, while the Ameri­ 1855 -··········· 5,7H,633 1,936, 715 1,936, 715 100 ...... 1858 --·········· 5, 713,560 1,886, 766 ------1,886, 766 100 --·- ---- can flag is rarely seen and for the mostpart floats over ferryboats, 1857 ·-·········· 5,133,485 1,589, 153 ------1 589 153 100 river, and coastwise vessels. 18.'>8 ....••...... 4,679,415 1, 177, 303 $-:xJ, 758 1:211:061 97.2 --·-·2:8 1859 --···· •.•••• 4, 740,179 1,079, 220 125,350 1,204,570 89.5 10.5 SUBSIDIES. 1860 ·····----··· 4,349, 760 707,245 147, 085 854,330 82.7 17.3 1861 ..•...... 4, 703,285 570, 953 235,932 800, 885 70.7 29.3 For more than thirty years there has been constant discussion as 1862 .....••••••• 4,105, 353 80,686 293,932 374,618 21.6 78.4: to the condition of American shipping, the necessity of restoring 1863 ······-····· 4,188,275 79,397 336,677 416,074: 19.1 81.9 it, and suggestions as to the best remedies to this end. Qommit­ 1864 ·········-·· 4,500,050 64:,356 376,085 440,441 H.6 85.4 tees of the House and Senate have been appointed under resolu­ 1865 - · ·········· 3,981,995 66,572 408, 858 475,4:28 14 86 1866 ·······--·-· 4,227,018 245,605 468,324 713,929 3(.4, 65.6 tions to investigate and report, and Congress, in obedience to these 1867 ······----·· 4, 079, 966 411,065 456,138 867, 203 47.4: 52.6 reports, has pa-asedsomeacts to aid shipping, butnotwithstanding 1868 ·······-···· 4,047,586 625 239 390, 907 1,016,146 61.5 38.5 all that has been said and done, shipping has constantly declined. 1869 ···········- 5,481,690 757: 964 343,726 1,101,690 68.8 31.2 1870 ···--······· 6, 107,761 791, 389 315,944: 1,115,333 70.9 29.1 The plan or remedy for restoring shipping by subsidies and mail 1871 ...•••••...• 6,070, 741 699,661 275,364 9'75, 025 71.7 28.3 pay has been strongly advocated. If this form of aid had been 1872 -·-----····· 5,693,500 805 788 221, 103 1,026,891 78.4 21.6 adopted when discriminating duties were abandoned seventy years 1873 --····-····- 5, 665,296 815:400 228,757 1,044,15;' 78.1 21.9 1874 ...••••••••• 5,697 ,3«> 750 296 238,098 988,394: '?'5.9 24.1 ago, or even thirty years ago, and we had kept pace with Great 1875-••.....•... 4,860,000 740:361 236,283 976,6« 75.8 24.2 Britain in all other forms of support and encouragement to ship­ 1876 -··········· 4, 420, 261 580, 063 173, 547 756,610 76. 9 23.1 ping, we might depend upon subsidies and mail pay as a remedy 1877 -··········· 3, 976,580 283,835 162, 061 «8,896 63.8 36.2 1878 •···•••·•··· 3, 914,990 40, 152 159, 828 199,980 20.1 79.9 now. A member of the British Parliament, Hon. J. Henniker 1879 ------•... 3, 768, 230 41,251 158,775 200,026 20.6 79.4 Heaton, said in 1894, in the North American Review: 1880 ·•·•···•···· 3,873,136 38,7EO 161,029 199,809 19.4 81.6 As a conEtequence of refusing $5,000,000 a year in subsidies during thirty 1881. --··· •••... 3,601,350 42, 552 19"7,515 240,067 17.5 82.5 3,538,835 40, 64:5 239,858 280,501 14.4 years to native shipowners, or $1~------1,655,000 1821 to 1830------5,855,000 Making to this date, $:?5,063,000. them in competition with foreign ships. The conditions are not 1831 to 1837------6, 000,000 the same. We are not on an equal footing with Great Britain 1838 to 1850------25,000,000 From the General Post-Office alone. on the high seas. If we attempted to make conditions eqnal by Do------37,000,000 Additional from mercantile marine fund. 1851 to 1860------60,000,000 From the General Post-Office alone, subsidies subsidies and mail pay, the policy now adopted by Great Britain not included. we would be met with greater subsidies. So that it is not a ques 1861 to1865 ______25,000,000 From the General Post-Office fund alone in five years. tion of free ships or cheap ships, but it is a question of getting 1866 .. ------4,227,018 From the General Post-Office fund alone in business for ships after we have them. We can only do this by one year. protection and discrimination, just as we do now and have for one 1867------.... 4, 079,966 Do. hundred years discriminated in favor of onr industries on land 186 ------4,047,586 Do. 1869.------5,481,690 Do. against foreign industries. 18n1870 ...... ______------__ _ 6,107, 761 Do. By discriminating laws we make it profitable and in the interest 6,070, 741 Do. of our people to buy home products and not foreign-made products 1872 .. ------5,693,500 Do. We must, by a like policy, make it profitable to American ships 1873 .. ------5;665,296 Do. 1874: ...... ------5,697,346 Do. to carry our foreign Commerce. Shipbuilding means shipowning 1875 _____ ------Do. 1876 ______---- 4,860,000 The nation that builds ships is always an owner of ships. 4,420,000 Do. The mistake made by the United States for seventy years has been 1877------4,255,130 Do. 1878 ______------3,813,800 Do. in treating shipping as a private industry and of no national con 1879 .. ------3,891,205 Do. cern; that it did not need encouragement and protection as indus 1880 .. ------3,865,2&> Do. tries on land; that maritime reciprocity and free carrying was all 1881 ______------3,592,230 Do. 1882.------3,52!,330 Do. that was necessary to build it up. With Great Britain shipping 1883.------3,608,800 Do. has always been of national concern and national importance and 1884.------3,608,355 Do. has received more protection and aid than any industry in any 1885.------3,642,065 Do. 1886 ______------3,662,505 Do. country. 1887------a,625,915 Do. In discussing the subject of protection to English shipping, Mr 1888 ______- --·------3,490,864: Do. Blaine, in his celebrated reply to Mr. Gladstone in 1~90, said: 1889 ______---·------3,184,425 Do. It will not escape Mr. Gladstone's keen observation that British interests TotaL ______283,178,988 in navigation flourish with less rivalry and have increased in greater -pro­ portion than any other of the great interests of the United Kingdom. I ask his candid admission that it is the one interest which England has protected FREE SHIPS. steadily and determinedly, regardless of consistency and regardless of ex­ pense. Nor will Mr. Gladstone fail to note that navigation is the weakest of The policy of free ships, which is in substance the authority the great interests in the United States, because it is the one which tho under law to buy forei!m-built ships and admit them to American National Government has consistently refused to protect. I .

1897. CONGRESSIONAL RECORD-SENATE. 591

The United States has become independent of all the world in tion. For seventy years we have not been on an equal footing with everything on land. We can produce all that is needful for the other nations in the shipping business. While Great Britain and wants of a great people, but when we come to the sea, notwith­ other European nations have fi·ee ships, yet for a long time they standing our coast line, our position, and natural advantages, we have protected shipbuilding by bounties and otherwise. It may be ·are helpless, impotent. and dependent. · safely said that all the maritime powers of the world protect theu· If we buy ships abroad, we have the ships, it is true, but as a shipping and shipbuilding. The spending in British shipyards of nation we lose the money we pay for them, we lo3e the business $100,000,000 annual1y for home and foreign war-ship construction of building the ships, the employment for our people by giving it is of itself equivalent to an enormous bounty to British shipbuild­ to foreigners, and lose the market for the raw and manufactured ers. Give tb.e people of the United States business for their ships pToducts that enter into" shipbuilding, we destroy our shipyards, and there will be no doubt about shipbuilding and shipowning and become utterly dependent on foreign countries in one of the being successful in the United States. most important branches of industry. Even if we could buy FAILURE OF THE FREE-SHIP POLICY. ships cheaper abroad, in the long run it would pay us to build .them at homQ. If the argument for fi·ee ships is good as a plan to After full and fair trial, the free-ship policy has been a signal build up our me1·chant marine, why should this plan not apply failu~ in France, Germany, Austria, and Italy. Norway has with equal force to building war ships? Why have different.vlans incr~ased her shipping under fr.ee ships. This is due to the fact of for interests so nearly alike? . If it is better to buy ships abroad to low wages and low prices of supplies and otheY conditions peculiar build up our meTchant marine. it would be better for the same to that country. England, after building up her shipping through reason to buy our war ships abroad and close up all American discriminating duties and subsidies on an enormous scale, until shipyards. she has the advantage over all other nations, a.dopts the policy of free ships because it is to her interest. She is for free ships be­ A MERCHANT MARINE ESSENTIAL TO A NAVY. cause she builds ships for the nations that buy them, and naturally Nonationcan maintainsuccessfullyforanylengthoftimeanavy she wants all other nations, the United States especia.Uy, to adopt unless there is behind it a merchant marin-e. Shipping is the free ships. In 1894 the new tonnage built in her shipyards element out of which a navy must grow. In the United States amounted to over 1,000,000 tons, 13 per cent of which was sold to we are building a navy without having a merchant marine behind other countries. it to support it. "This is something like making a head with­ I~CRE.ASE OF BRITISH SHIPPING UNDER MARITIME RECIPROCITY. out a body. ·We t~hould first have a merchant marine and then a navy audnative Americans to man both. We have not enough Under maritime reciprocity iniifty years, according to 1\fulhall, native American seamen to man the war ships we now have. If British .shipping has increased 210 per cent, while that of other we build up shipping and shipbuilding, it will increase our home nations has increased 108 per cent, and that of the United States commerce and our lake and coastwise trade. We are in the infancy constantly declined. During this period British shipping has of our industries on our lakes, rivers, and foreign seas. During increased from carrying 34 per cent of the world's commerce to the next century t:~eagoing ships built in Amercan shipyards will carrying 56 per cent of it. If this rate .of increase continues, it is lea-ve ChicagQ and otheY lake cities for the ports of the wo!ld.. only a question of time when Great Britain will absorb the carry­ No nation can be truly independent and have and mamtam a ing of the commerce of the world. navy and merchant marine that does not build its own ships. SEA POWER L~ HISTORY. SenatoT King, of New York, on March 15, 1822, said: Through all history, ships and commerce have been associated Navi~ation and m aritime industry, for a peculiar reason, call for national with riches and power. Great ships and shipping interests have protectiOn, for the art of navi~ation is an expedient of war as well as of CQmmerce, and in this respect differs from every. other branch of. industry. always brought power and contributed to the prosperity and Though it was once doubted, doubt no longer ensts that a navy IS the best wealth of the people owning them. Humboldt says: defense o'f the United States. And this maxim is not more true than that a Conts.ct with the ocean has b een one of the chief influences in forming char- .naval power neveT has existed, and ~ever can exist, ~thout a .commercial marine; hence the policy of en.couragmg and protectmg the ships and sea- acter of nations as well as adding to their wealth. - men of the United 8tates. • The Pbcenicians, by reason of their sb:ipping and commercial If the United States in 1860 had had a merchant marine and a supremacy, became the wealthiest and most civilized o.f the early navy equal in proportion to that we had in 1812, under discrimi­ Eastern nations. nating duties, it is safe to say that our civil war could not have In their turn the Athenians, the Ionic Greeks~ and the Spartans lasted more than a year. But for the want of a navy~~ merch:ant dominated the ci-vilized world directly through their prowess on marine the war lasted four years, and cost nearly a milhon of lives the sea. In truth, were it not for the fact that the Greeks as a and thousands of millions of dollars, most of which might have whole were a maritime -people, future history might have been been saved. modified. On land they could scarcely cope with Darius and - FREE SHIPS WOULD INJURE OUR DOMESTIC SHIPPING. Xerxes, but at s3a they were easily victorious. At this age the seamen were trained in all the walks of commerce and served as Free ships would inevitably impair our coastwise, lake, and river the national bulwark in time of war. 'carrying and cause it to decay as our carrying has in our foreign Carthage, the daughter of Phcerucia, up to the middle of the sec­ trade. Foreign shipbuilding would mean foreign owning. It is ond century before Christ achie-ved a position thTough her mari­ the shipbuilding interest quite as much as the shipowning that time commerce at that time uru·ivaled in the history of the world. puts tonnage atloat, gives it employment-the one goes with the This commerce, destroyed by Rome, was transferred to the con­ other. queror, which for five hundred years remained easily the ruling If we were to admit foreign-built ships to American registry power of the earth both on land and sea. and to a share in the carrying of our foreign commerce, it is very As Rome decayed, the Norsemen, the Danes, and their kinsfolk doubtful whether m· not ships., being once admitted to American became the dominant peoples of northern Europe, and solely by registry, and by this :means nationalized, could by law be excluded reason of their seamanship the Britishlsles, France, and Germany from taking part in our coastwise, lake, and river trade. When became their colonies. a foreign-built ship is admitted to American registry, it becomes Venice, a comparatively small center of population, was, from the entitled to the privileges and rights of vessels built at home, and beginning of the tenth to the sixteenth century, perhaps the most under the law it is doubtful whether it could be prohibited from wonderful example of development due directly to this same cause. taking part in our coastwise, lake, and river trade. Under the in­ For upward of three centuries of her history there was no sea in herent rights of property, it becomes a question, if an American the civilized world not laden with her commerce and frequented citizen owns a vessel duly registered, whether he can by law be by her ships. It is a remarkable fact that the governors of Venice prevented from carrying on his business in the h ome shipping and the rulers of Egypt at the begj.nning of the sixteenth century tJ:ade. So that free ships in our foreign trade would be a menace (1504) carefully considered a plan for the construction of that great to our home shipping and tend to break down and destroy our woYk of the nineteenth century, connecting the commerce of the shipbuilding business, and the next step would be free ships in west with that of the east-the Suez Canal. Side by side with our coastwise, lake, and river trade, and the hauling down of the Venice came Genoa. Then followed Portugal and Spain. What American flag where it has floated for a hundred years over a these two nations accomplished in commerce, navigation, and prosperous industry in the hands of American owners and carried colonization the world will never be permitted tofoYget. America on in American-built ships. owes its discovery to the commercial enterprise of these nations. PROTECTED SHIPOWNING WOULD STIMULATE SHIPBUILDING. Stimulated by the success of the Spaniards and Portuguese, ancl Whenever we protect carrying, and thereby gain business for competing successfully with them. came the Dutch, who aftey a American ships, building of ships will follow. This has been our short struggle made their fatherland the great warehouse of experience in our coastwise, lake, and river trade, where we have Europe. Quilt for a hundred years, in our own shipyards, the best ships England, jealous of the Dutch. on account of their enormous ~or that busihess in the world. American carrying has not suf­ foreign traffic, and disli1..'ing their republican government, deliber­ fered in the foreign trade because of the inability to build good ately determined upon the destruction of both. This determina­ sbips in the United States as much as it has from want of proteo- tion bore fruit in. the navigation laws of the Commonwealth, 592 CONGRESSIONAL RECORD-SENATE. APRIL 5, regarded by Englishmen and legislators with a reverence akin to This sustains my contention. We have rigidly excluded foreign awe. Not willing to wait the results of the navigation laws, four shipbuilders from competing or taking part in building our war years after their passage Great Britain waged war against the ships. The result has been that home qompetition bas grown up Dutch for the put"pose of breaking down their carrying. Admiral under which, because of the demand of the Government, our Monk, in 1665, being asked the reason of the war against the people have equipped vast shipbuilding plants, one of them at Dutch, replied, "What we want is more of the trade which the least equal to any abroad; and we now build war ships as good Dutch now have." In order to gain this trade the Dutch were and as cheaply as any country. With alike demand, ocean steam:. crushed. ers should be built in the United States as cheaply as in any place During the reign of Louis ;x:rY perhaps the most brillia!lt. period in the world. of French history was passmg. In 1669 Colbert, the mimster of The policy of discriminating duties would contribute to both marine, instituted a system of discrimination and bounty which building and running ships. Under present conditions capital made the French marine the most prosperous in that part of the will not invest in American ship owning because it can have no seventeenth century. No single statesman has ever contributed assurance that after ships are built they can get business. so materially to the prosperity of France as did Colbert. • We import annually from South and Central American coun­ tries, Mexico, and the West Indies about one hundred and ninety­ TRADE FOLLOWS THE FLAG. five millions of products. These are comparatively non-ship own­ It is said that trade follows the flag; that is to say, trade follows ing countries; we export t.o them ninety-one millions of products. shipping. Wherever ships go trade follows. If American ships should carry the imports from these countries The people of the United States, without distinction of party, to the United States, they could compete and take from foreign earnestly desire to enlarge and extend their foreign trade; to sell bottoms the return cargoes, or the carrying of ninety-one millions more of their manufactured and agricultural products. The best of exports. means to this end is to increase our carrying. No nation can Here is the carrying of nearly three hundred lnillions of products, have its just and proper. s~are in its foreign Cr. enty years, until now it is in a languishing condition and not help­ Taking into considera~ion the cheap~ess of constructiOn of ship­ ful to the other branches of industry. ping on our lakes and m our coastWise tra;de, an~ the red~ced If by the passage of this bill we take from foreign shipowners cost of iron steel lumber, and other matenals wh1ch enter mto the carrying of om· imports, we will have gone a great way in the shipbuilding it n:{ay be safely claimed that with a la~ge andre~­ struggle to restore our shipping. ular busines~ in shipbuilding the United States can build the ordi­ nary freight vessel as cheaply ~s E~gland a~d very soon the .gre~t CAUSES OF THE DECLINE OF AMERICAN CARRYING. ocean steamer. Bearing on this pomt President Cleveland m his It is needless to discuss the causes of the decline of American last annual message said: carrying further than to endeavor to learn from them, if possible, It i"' gratifying to state that our ships and their outfits are believed to be what may be done to help revive and restore it. Among the causes equal to the best that can bema.nuf!'Lctured elsew~ere.. and that such notable that have contributed to this decline may be mentioned: reductions have been made in thell' cost as to JUstify the statement that quite a number of vessels are now being constructed at rates as low as those First. The abandonment of the policy of protection to American that prevail in European shipyards. . shipping by discriminating duties under treaties with. foreign 1897. CONGRESSIONAL RECORD-SENATE. 593

nations and giving instead of this protection no aid or encourage­ In 1894 the aggregate tonnage entered and cleared in ports of ment whatever. Great Britain was 80,636,000 tons, of which 536,446 were under Second. Competition of American shipping, without aid of any the United States flag, or precisely two-thirds of 1 per cent. Dur­ kind, with foreign shipping, highly protected, aided, and subsi­ ing the same year the aggregate tonnage in foreign trade entered dized. and cleared at United States ports wa.s 19,989,663 tons, of which Third. In the absence of any protection or aid to American 10,841,524 tons was British, or 54 per cent. shipping it has had to pay heavy taxes at home, higher rates of At London, in 1894, the aggregate tonnage was 14,433,580 tons, interest, and higher wages than foreign shipping with which it of which only about 17,000 tons were Ameiican. competes. At Liverpool the same year the aggregate tonnage was 10,489,578 Fourth. The hostile discrimination of British Lloyd's Register in tons, of which 86,639 tons were American. inspecting, rating, and cla.ssifying American ships, obliging them At Cardiff (Wales) the trade aggregated a tonnage of 10,478,391, to pay the highest rate of insurance on cargoes and take the low­ of which not a single ton was American. est rate of freight and wait the longest in various parts of the There are 53 steamships runnin~in regular lines from England, world for charters. Added to this the war of English insurance France! Germany, and Canada to Sydney, against 2 from the companies in the United States against insuring cargoes carried. in United States. American-built ships. Out of the 523 steamers which last year entered the port of STEAMSHIP LINES FROM NEW YORK. Buenos Ayres, a city of 700,000 inhabitants, not one was Ameri· Of the 60 ocean passenger and freight lines leaving New York can. only 7 are American, the balance foreign. These lines transport In 1895 a person starting around the world was a.sked to make freight and passengers to and from New York to all parts of the a note dm·ing the trip of the number of times he might see the known world. Fifty-three of these ocean lines belong to foreign American fl&g flying on American vessels. The report made after corporations. They have nearly a thousand vessels earning profits the trip was that he did not see the American flag once on an Amer­ by carrying the goods that Americans buy and sell when Ameri­ ican vessel. can steamship companies should be doing the largest part of this Of the ten chief maritime nations of the world, the United States business. The problem is, how can we secure this business for and Italy have shown a decline since 1875. Germany; almost with­ our people? Some say by subsidies, others by free ships, and others out a seacoast a.s compared with the United States, stands ahead that these foreign corporations should not be disttU'bed in keeping of her in shipping in the foreign trade. and increasing .this business, because treaties stand in the way. In the year 1894 Mexico and Central and South America bought Against this network of ocean lines, stretching all over the globe $520,000,000 of foreign products, 6 per cent only of which was car­ · subsidies could not avail and free ships would be futile. The best ried in American ships. ·remedy is discrimination in favor of American ships under law. In the year 1894 the voyages made by Am~rican . m.erchant ves· THE AMERICAN FLAG ABROAD. sels between tlie"United States and Europe were 252, while Euro­ The United States consul at Hamburg, in 1892, in response pean vessels made 10,233 voyages. · (through the customary official channels) to certain inquiries con­ The tonnage of American vessels in o:qr West Indian and South cerning American shipping interests at that port, wrote the State American trade in recent years has declined from about 87 per cent Department as follows: to68 percent, and with South-America from 93 per cent to 75 per It seems a very sad commentary to have to make on the shipping of our cent, and English vessels have gained what we lost. . country when I reply to the first four interrogatories of the Treasury by say­ In 1893,3,045 English ships enter~d :Argentine ports, while only ing that during the year in question there was uot a single American steamer 103 American ships touched _ ~.t those ports. . .. · of any sort or tonna~e entered at this port. Nor can I find in the records of this consulate, covermg a period of over thirty-five yea1:s, a trace of any others, Only 3.4 per cent of the world's shipping is American. British with the exception of the year 1888, when one steamer of about 1,900 gross tons ships carry about 67 per cent of our foreign commerce. happened in. I can not but believe that such an announCE)ment would astound most of our people, when it is considered that Hamburg, a city of over half a In 1893 there were employed in the British merchant marina million souls, is, after Liverpool and New York, the largest ship:r.ing port in 216,177 persons, 85 per cent being native Englishmen. the world; that it is by far the most important seaport and distnbuting cen­ In 1894 there were employed in American domestic and foreign ter of the Continent; that in its harbor can be seen the flag of every third-rate power. in the world that has a seacoast; that so large a part of it has bl'en shipping abo:ut 70,000 persons, 30 per cent being native Americans built with American dollars; that its iml?ort and export trade with the United and 70 per cent foreigners. ------States is larger by much than that With any other country, and that one The facts and figures just recited are humiliating_to all Ameri­ steamship line alone dispatches, on an average, over three steamers a week the year around, carrying passengers to the United States, while the same cans; indeed, they show how little claim we have to be called a number brin~ them back from there. Not only have none of our steamers maritime nation when we should to-day have the greatest mer­ participated m the carrying trade of this port for -years, but of sailing vessels chant marine and be the greatest maritime power on the globe. bearing our flag there were during the year endmg June 30, 189!, but two; Mr. President, I have tried in what I have said to present the during 1893, 189'~, and 1891, two each, and during 1890, none. c~ti.se of ~erican ·shipping to ·tlie Senate and-to ·the country, The Commissioner of Navigation, in his report for 1893, after with the earnest wish that Congress will do something looking to ·quoting this letter, adds: its restoration.· If I do nothing more than draw attention to the · Hamburg is not an exceptional city, for the reports of consuls at other facts and help to add to the interest ah·eady aroused in this great ports tell a like story. · That every bushel of grain which left New York last year for Europe was subject, I will feel amply rewarded for whatever I have done or carried under a foreign flag; · may do hereafter. If any plan better than the one proposed here That of the 23,329 entries last year of vessels bearing the flag of every nation­ can be suggested, I will accept it, though it must be insisted, Mr. ality other than the British at the {>Orts of Great Britain and Ireland the Stars and Stripes appeared: only 78 tl.IIl,es, and that of these, 45 times the flag President, that the policy of discriminating duties, sanctioned by was borne by four steamShips; the founders of our Government and tried for more than thirty That of 15,875 entries in lll91 (the latest year for which figures are at hand) years, with the best results, has again received the ~pproval of of vessels be~ring the flag of every nationality but the German at ports of the German Empire, American merchantmen are not even separately enu­ the people in the laf!t national election, and should at least have merated, but are classed as part of "scattering," 22 vessels, of 16,000 regis- another trial at the hands of Congress. tered tons; · American ocean carrying, so long neglected, is not ~he cause of That of l2,774entries of vessels, measuring 10,612,438 tons, bearing the flag of every nationality other than the Italian, which entered the ports of Italy any party nor of any particular interest; it belongs to no section; during 1893, only 37 vessels, of 17,665 tons, with crews aggregating 453 men, it concerns the whole country, its future prosperity and welfare; carried the American flag, and of these 13 vessels, of H,114 tons, with crews it has become the cause of 70,000,000 of people; henceforth they will aggregating 313 men, were pleasure yachts. · · · That the American pleasure yachts, 6 in number, which touched at Gi­ take care of it; in their keeping it will no longer languish; it will braltar last year nearly equaled in tonnage our entire merchant fleet in the not die, but p1·osper and grow and bless the country as in days Mediterranean, whither ninety years ago the United States dispatched Preble gone by. and Decatur to assert the ri~hts of Anierican shipping; That of 11,000 vessels which have passed through the Suez Canal in the I feel, Mr. President, sooner or later, the patriotic cause of up­ last three years only 6 have borne the American flag, and 2 of these were war building American shipping will triumph, and Americans will vessels. enjoy and use their common share in the oceans of the wor~d and During the year 1894 only one Al;nerican vessel entered Berjen, have their part in its carrying trade; that the time is not distant the second port of the Kingdom of Norway, while 1!279 vessels of when the American flag will be seen on every sea and float from other nations entered and cleared at this important port. vessels of the United States in all the ports of the earth, and From 1886 to 1895-nine years-only 15 American vessels passed American merchants, business men, and bankers will be estab­ through the Suez Canal, 4 of which were war ships and yachts. lished and doing remunerative business in all the commercial cen­ In 1896 no American vessel of any kind passed through, while ters of the world. In laboring to secure for our common country 3,407 foreign vessels used the canal, with a tonnage of 8,594,000 these splendid achievements and great blessings, statesmanship tons, the receipts for toll amounting to about $16,000,000. can have no higher aim, patriotism no loftier purpose, and the In 1894 15,663 British vessels entered and cleared at various benedictions of a gratef~l people will descend on those who may ports of the United States. During the year 1895 ~he entries and help in this great movement. clearances of American vessels in Great Britain were 83. During Mr. President, I ask permissioi;l of the S.enate to have printed in this same year the number of vessels in foreign trade entered and full the tables referred to and discussed in my remarks as part of cleared in ports o~ Great Britain aggregated 124,168. the same.

X:XX-38 594 CONGRESSIONAL RECORD-SENATE. APRIL 5,

No. 1.-Incomefrom tariff on imports contrasted with estimated payments to foreign and American ships for carriage of Anterican cormnerae from 1859 to 1895-Imports and e:l-portsper capita.

Ship freight payments on imports. Ship freight payments on ex- ports*- Agricul- Imports Exports tural ex- Revenue Percent per Year. from tariff. to Percent per ports- To A.meri- To foreign A.meri- ToAmeri- To foreign lioA.mer- capita. capita. pe1· cent ca.n vessels. vessels. can ves- can vessels. vessels. ica.n of total sels. vessels. ------1859------$!9, 565, 824, $32, 418, 000 $18, 397' 000 63.8 $37, «2, 000 $16, 078, 000 70 ------...... 186\L. ------.------. ---·------. __ 53,187,511 34, 2:M., 000 20,100,000 63 41,862,000 18,156,000 70 ------...... ------1861.------· --- 39,582,126 30,23},000 21,116,000 61 26,996, 000 10, 4,05, 000 72.1 -...... ------...... 1 6'..l.------.... ------. ------· · -- --·---- 49,056,398 13,841,000 17,025,000 44.8 18,813,000 15,676,000 54.6 ------...... ------· 1883.---.--- --··· . ------.------69, 0.39, 64.2 16,461,0Cfl 21,471,000 43.4 14,819,000 29,972,000 39.8 .. .. ----- ...... ----·------· 186 L-.. ------· ------..... ------··• ------102, 316, 153 12,182,000 37,253,000 24.6 15,427,000 35,616,000 30.2 ------· .... ---- ··------·-- 1865 ...... 84,928,261 ll, 158,000 26, 12.5, 000 29.9 13 953 000 39, 426,000 26.1 ...... ------...... 1866- : .... -----· ...... 17g, 00), 652 16,800,000 50,021, 000 25.2 32:051:000 52,763,000 37.8 ------1867- ...... ------·------.. 176,417,811 17,581,000 45, oro, ooo 28.1 27,09!,000 42,106, 000 39.2 10.00 .. .. '7.'73' ---- '75:3! 1868 .... ------...... ------164,4{;4,,600 18,445,000 37,299,000 33.1 26 252 000 45,283, 000 36.7 9. 33 7.29 70.19 1869. ----- ...... ------180, . 4 10.29 11.64 71.67 130, 956, 493 22,775,000 49,435,000 31.6 24:1u:ooo 79,553,000 23.7 9.4!} 12.72 72.63 1878 ...... ------...... ----...... ·-·------130, 170, 680 21,975,000 46,lll,OOO 32.3 2!, 983, 000 85,438,000 22.7 9.21 U.30 77.07 1879 . ... ------.... ------.------· .. - 137,250,

*Freig-ht payments calculated at 15 per cent on value of merchandise for t.he whole period covered, which is a. fa.ir average.

No. 2.-Estimated payments to foreign, and American ships for carrfage of The followin~ table, compiled from the report of the United American commeTce, 1859 to 1895-0ommerce and tonnage per captta. States Comm.isswner of Navigation for 1895 shows the number Ship freight payments on im- and tonnage of American vessels entering the leadiJJ.g foreign ports and exports. ports during the year ending June 30, 1895, together with salaries Tonnage Tonnage of American consular officers at ports named. A list of the great Per Com- of Ameri- per Year. cent t.o merce can vessels capita- ports at which no American vessel entered during the year is ToA.meri- To foreign A.mer- per in foreign cubic given at the bottom of the table: can vessels. vessels. ioan capita. t.rade. feet. ves- . No. 3.-Evidence of skipping decay. sels. Salary of $69, 761,000 $34, 472,000 66.9 $22.73 2,321,674 7.58 Port. Steam­ Total 1859------ships. Sa.il. tons. Entries. 1860 ------· 76,007,000 38,256,000 66.5 24.27 2,379,396 7.58 =~- 1861 ...... 57,228,000 30,521,000 65.2 18.19 2,49!,894 7. 76 sul. 1862 ...... 32,6.'>4:,000 32,100,000 50.0 13.28 2,173,537 6.62 1863 ...... 3(),281,000 51,458,000 41.4 17.46 1, 926,886 5.75 1864. ·------27,609,000 72,869,000 27.5 19.61 1,486, 749 4..35 --·--i:i' 1865.------25,112,000 65,551,000 27.7 17.36 1,518,3.50 4.36 ~Y~=r~~~~~======London------...... ~ 7 =:~8,147 ~7 S]:~5,000 1866 ...... 48,857,000 102, 784,, 000 32.2 28.47 1,387, 756 3.91 Bristol ...... -:. . 2 3, GOO 2 ...... 1867------#,675,000 87,199,000 33.9 24.28 1,515,648 4.18 1868.------«., 697' 000 82,582,000 Q5.1 23.02 1,494.:,389 4.06 1869------~,49!,000 87,974,000 33.2 23.25 1,496,220 3.97 1870------52,935,000 95,839,000 35.6 25.76 1,448,84,6 3.76 ~~~~:~~~~~~~~~~j~~jj:::~ =m~:::: =::::~: ::::;::~~ ::::::::;: ----rm 1871 ...... ---- 53,().!9,000 ll3, 373, 000 31.9 28.70 1,363,652 3.45 1872 ...... 51,799,000 125,702, 000 29.2 30.80 1,359,040 3.37 Antwerp...... 3 2 1l,ro7 21 3,000 1873--...... 51,9!6,000 145,008, 000 26.4 32.42 1,378,533 3.33 Rotterdam*------...... 2,000 1874. ------· 52,51'.18,000 liO, 1,000 27.2 30.88 1,389,815 3.27 Havret ------·-- ...... 3,500 1875.------4.7,139,000 132, 718,000 26.2 28.00 1,515,598 8.4S Bordeaux------...... 1 618 1 3,000 1876 ..... ------46,G61,000 122, 003, 000 27.7 25.51 1,553, 705 3.46 1877 ------... 47,409,000 128, 988, 000 213.9 25.95 1,570,600 3.41 1878------46,9:>8,000 131, 548, ()()() 26.3 25.59 1,589,34,8 3.36 Barc~b~~~~~-=--======~======elona...... ======...... l2 ~~2,176 l2 ~:~1,500 1879 ...... 40 U2,000 136, 690, 000 23 24.60 1,451,505 3.00 Genoa* ...... ------·-- ...... ____ 1,500 1,314,402 1880 ------·--· 38:752,000 183,639,000 17.4 32.ZT 2.62 Naples*------~...... 1,500 1881.------37,588,000 190, 35U, 000 16.5 32.58 1,297,035 2.52 Hongkong______3 29 5!,319 45 ...... 1,259,492 1.882. ------3!,034,000 181, 9!7' 000 15.8 29.71 2.39 3 1883 ...... 36, 063, 000 188, 776, 000 16 29.76 1,269,681 2.35 3!r:u1~~i-===:::::::::::::::::::: :::::::::~ ~ ~~ ~ g;~ 1884------35,05!,000 169,169,000 17.2 27.37 l,ZT6,972 2 . .31 Auckland ..... ------2 8 12,437 21 2,000 1885------29,230,000 161, 928, 000 15.3 2!.3! 1,262,814 2.23 ~ydney ..... ------2 2i 30,655 37 2,!i!l0 1886-.------· 29,602,000 161, 007' 000 15.5 :U.67 988,00 1. 71 Melbourne...... 8 8,326 9 4,503 1887------.... 29,153,000 174,779,000 14.3 25.46 9 9,412 1.67 1888 ...... 2. ' 6:?8, 000 176, 205, 000 14.:.0 2.5.25 919,302 1.52 ======"""2,'fiiJ 1889 ...... 30, 570,000 182,559,000 H.3 26.12 999,619 1.55 ~:;~~~------~------~----~=====·- ~ ~:~ lf 1890------30,307,000 205, 668, 000 12.9 ZT.52 928 002 1.47 1891...... 30' 969' 000 217,511, ()()() 12.5 29.20 988:719 LSi *No American vessel during year. tOne steam yacht. 977,62! 1 9'2 ------.... 33,02 ,000 234, 68!, 000 12.3 28.40 1.49 The entries of American vessels at European ports during t.he year 18!lJ 1893------.29,665,000 214,247,000 12.2 25.64 883,199 1.32 in 119; in 30,1 136. 190, 953, 000 13.3 2"2.67 899,698 1.31 amounted all to year ending June 9!, to 189L ...... 2!l' 290, 000 In 189!-95 th~J 119 entries were made by 53 vessels, of which only 10 were 1895 ------25,556,000 192, 884, 000 11.7 23.56 822,34,7 1.18 steamships.

GREAT EUROPRA..~ PORT AT WHICH DURING THE YE R NOT A SINGT,E It will be noted that since 1880 ocean frerghts pard to forergn ship­ .A.MERIOAN MERCHANT VESSEL E.:ITERED. pin()' ~pon our import trade has been large and onerous-averag­ Glasgow, Hull, Manchester, Belfast, Dublin, Cork, Portsmouth, Amster­ ingo about $84,000,000 annually. This amo~nt is substantially a dam, Stockholm, Christiania, Bergen, all ports on Baltic and Black seas, Rom&, tax paid abroad-in fact, a tribute and a dram upon our people. Palermo, Venice, Athens. Constantinople, a.nd Bayonne. 1897o CONGRESSIONAL RECORD-SENATE. 595

No. 4.-GROWTH, THRIFT, AND DECLINE OF SHIPPING IN FOREIGN TRADE. From "American Marine," by"oapt. W. W. Bates, late United States Commissioner of Navigation. [Favorable events in roman letters; highly favorable events in small roman capitals; adverse events in italics; strongly adverse events in bold-faced.] Proportion of American carriage in E~nts , changes, transactions, and influences, favorable and adverse, Year. Ff::J~ Shipping Commerce foreign trade. accounting for the growth, thrift, and decline of American shipping shipping. per capita. per capita. in the foreign trade. Imports. Exports.

Tons. Oubicfeet. Per cent. Per cent. 1789 .------123,893 3.64 su.oo 17.5 30 DISCRIMINATIVE TARIFF AND TONNAGE DUTIES; N.A VIG.A.TION .A.CT PASSED. 1790.------346 2M 9.75 12.17 41 40 British and French at war. Duties lll.creased 2t per cent. 1791. ------363;no 9.81 13.03 58 52 British and French at war. Duties increased 2t per cent. 1792.------411,4.'38 10.55 13.39 67 61 .Algerine pi1·acy begun. 1793 ____ ------367,734 8.96 13.95 82 77 .Alge1·ine war. Our first na-val fights. 438,863 10.32 15.91 91 86 Duties on goods increased, .A.ND 10 PER CENT EXTRA. ON THOSE IN FOR- 179-i .... ------EIGN SHIPS. 1795.------529,471 12.03 26.76 92 88 British and French wars ~ontinne. 1796.------~ -·-- 576,733 12.53 32.28 94: 90 The F1·ench begin spoliation of ou1· commerce; u•ar foUows. 1797------597,777 12.45 27.54 92 88 All the British banks fail. We have. war with France. 1798.------603,376 12.00 26.01 91 87 War with France cIEllS SUJ3SIDIZED .A.ND BUILT. 1,168, 707 5.38 14.24 82.9 71.1 California gold mining and emigration. Revolutions in Europe. ltt:=~= ::::::::::::: 1,258, 756 5.62 13.10 81.4 68.9 British "free-ship" act. California clippers. Collins' steamers begin- ning to run. 6.23 14.28 77.8 65.5 The English char wring our ships. (The Lloyds prevented buying them.) i~t:::~:::::::::::::: l:~:~ 6.47 18.22 75.6 69.8 Sa.i1i.J.lg packet lines and ships mcreased in number. 1852------1, 705,650 6.93 17.18 74.5 66.5 B1·itis1i steame,·s increased: their subsidy advanced. 1858------·-- l, 916,471 1.50 19.60 71.5 67.1 Crimean war to 1856. Australian gold-mining and "clioper" trade. 1854 ..•• ------~--- 2, 151,918 8.18 22.16 71.4 69.6 Reciprocity with Canada. Bl·itish I.Joyds advance mting of iron ships to twelve years ...4.1. 1855. -·------2, 3-!8, 3.58 8.63 19.72 77.3 73.8 Great increase of shipbuilding. Bonded warehouse time incrE-ased. 1856 .•.• ------2,302,190 8.19 22.83 78.1 70.9 Bank contraction Second British war with China for three years. 1857------2,268,196 7.83 24.33 71.8 60.2 Tariff 1·eduction and bank panic follou;ing. 1858.---·------2,301,148 7.72 20.Zi 7'2 75 Rebellion in India.. Steam11hip sub idies nHhdr:nvn. Collins' Line fails. 1859 ..•• ------· 2,321,614 '7.58 22.73 63.7 69.9 A.U ou1· lines of t1·a.nsatlantic steame1·s di, solve and sell off. 1860.------~ 2,379, 39ti 7.58 24.27 63 69.7 France a.nd Austria, Grea.t Britain ann China, at war. 1861.------2 494 824 7.76 18.19 60 72.1 The great civil war for four years. Southern ports closed. 2:173:537 6.62 13.28 44:.3 54.5 Specie paymeni$ suspended. Many vessels sold abroad. Insurance 1·ates 1862.------advanced. 1863 .... ------1,926,886 5.75 17.46 43.3 40 Rating of BritiSh iron sl&i.ps 1-aised to twenty years at Liverpool. 186!. ------·- 1,486, 749 4.35 19.61 24.6 30 Confederate uuisers destroyhtg -our ships at sea. 1865. ------1,518,300 4.36 17.36 29.9 26.1 END OF THE CIVIL WAR. INSURANCE RATES REDUCED. Efforts tore- gain our losses. 1866 •..••• ------1,387, 756 3.91 28.47 25.1 37.7 Prussia and Austria, France and Mexico, at war. 1867- ---·------1,515,648 4.18 24.28 28 39.1 Culmination of effort to revive our navigation. 1868 .••.•• ------1,49-!,389 4.06 23.02 33 36.6 Continued specie suspe?tsion. British stewners inCJ·easing. 1869. ------1,496,220 3. 97 23.25 31.3 34.9 Bl·itish Lloyds discrimin·ated severely against wooden sltips since the war. 1870 ______------1,4.4.8,846 3.76 25.76 36.1 B1.'1 British Lloyds degrade "forei-gn ships" ln their Register, Opening of Sue• Oanal. lS11. ----· ------1,363,652 3.(5 28.70 81 82.6 Bank expansic-n. France and Germany at war. - 1872.~------1,359,040 8.37 30.80 26.8 29.8 Tea and cotJ'~ put on tree Ust. B1·itish steamers oring the tea. 596 CONGRESSIONAL RECORD-SENATE. APRIL 5~ No. !.-GROWTH, THRIFT, AND DECLINE OF SHIPPING IN. FOREIGN TRADE-Continued. Proportion of American carriage in Foreign Shipping Events, changes, transaetions, and, influenceR, favorable and adverse, Year. trade Commerce foreign trade. accounting for the growth. thrift, and decline of American shipping shipping. per capita. per capita. in the foreign trade. · Imports. Exports.

Tons. Cubic feet. Percent. Per cent. 1873. -··------· ------1,378,533 3.33 $32.42 27 25.7 Bank cont1·action, followed by panic. American steamers in foreign trade increased. 1874 ______------1,389,815 3.27 30.88 30.2 24.6 New steamers on the Pacific Ocean to China and Japan. 1875 ____ ·------1,515,598 3.48 28.00 29.2 23.7 Development of Pacific Ocean trade. · 1876.------1,553, 705 3.43 25.51 30.8 25.! Reciprocity trea~ with Sandwich Islands. Russo-Turkish war. , 1877------1,570,600. 3.41 25.95 31.5 23.7 Development of est Indian and Mexican trade by steam. 1878 .. -- : ------1,589,348 3.36 25.59 32.2 22.6 Bank and Government contraction in view of speme payments. 1879-----. ------1,!51,505 3.00 24.60 31.6 17.6 InCl·ease of foreign steam lines. 1880 . •.. ------1,3U,402 2.62 32.27 22 13.7 Specie payments resumed. 1881.------1,297,005 2.52 32.58 19.9 13.3 Large employment of our ships in California grain trade. 1882 ..•... ------1,259,{92 2.39 29.71 19.2 12.8 Bounty and subsidy pmtection to French marine. 1883.------1,269,680 2.35 29.76 ~.1 13.4 Large employment of our ships in California grain trade. 1884 ____ ----- _____ .___ --- 1,276,972 2.31 27.37 22.4 UA " Free-ship" plank in St. Louis platfm·m discou1·q.ging our shipping bust- ness. 1885.------1,262,8H 2.23 24.34 21.3 13.7 Ge1-man subsidy protection to mm-ine. 1886.------988,041 1.71 24.67 ~ 13.6 British admiralty subvention. Italian boun~ and subsidy established. 1887------989,412 1.67 25.43 18.6 12. 2 Increase of foreign subsidized steam lines an ships. 1888.------919,302 1.52 25.25 18.5 11.79 Cong1·ess l"ejusing to protect our shipping. 1889------999,619 1.56 26.12 17.08 11.62 Protection ~lank for American shippiniin Chicago platform. 1890.------928,062 1.4:7 27.52 16.68 9.03 Passage of ounty bill delayed. French ounties renewed. Italian subs£,. dies renewed. Canadian subsidies begun. 1891.------988,719 1.54 29.~ 15.85 9.26 Bounth bill failed ot pas~~&ge. Postal subsidy bill passed. 1892 .. ------·- 977,624 1.40 28.9! 17.66 8.11 Britis underwrite1·s reject our ships in Pacific Coast grain t1·ade.

No. 5.-Statement skowing the distribution of the tonnage of the United States Merchant Ma1·ine employed in the foreign trade, the coasting tmde, and the - fisheries, from 1789 to 1895.

An­ Foreign Coasting tr"i\de. Wh'R.le fisheries. Cod and mackerel fisheries. nual trade. in­ Total crease Year ending- merchant or de­ Licensed Licensed marine. crease Registered Enrolled vessels Total. En.roll~d vessels Tot-al. (-) vessels. vessels. under~ vessels. under 20 per tons. tons. cent.

December 31- No. Tons. No. Tons. No. Tons. No. Tons. No. Tons. Ton. No. Tons. No. Tons. No. Tons. No. Tons. No. Tons. i~~~~~~~~m~~~ ~~~~= m~m ~~~~~·~ m~; ~=~~~ ~~!~~ ~m~~ ~:m m~ ~~~~~~= -m= =~~= m==~- ~==== i~i ~~~~~ ~J!lli ==~~= i:m =~~=~~ ·m~m-~:i 1794 ______----- 438,863 ------145,601. .••• 16, 911 ------162,578 ------4,129 ---- 4,129 -- ·-- 17,498 ----- 5,550 ----- 20,048 ------628,618 20.71 1795------: .... 529,411------164,100 _____ 19,602 ______184,398 ______3,163 ____ a. 163 _____ 24,887 _____ 6,046 _____ 30,933 ______747,965 19.00 1796 ______---·- 576,733------195,42i ----- 22,il7 --·--- 217,8i1 ------2,36i ---- 2,364----- 28,509----- 6,453----- 34,962 -----· 831,900 11.22 1797.------··------591,777 _----- 2U, 071 ----- 23,326 ------237,403 ------. 1,104 ---- 1, 10-i ----. . 33, 4()6 ~ ---- 7,222 ----. 40,628 ------876,912 (). fi 1198------_____ 600,376------227,3« _____ 24,099 ------251,«3 ------·---- 763---- 763 ·---- 35,477----- 7,269----- 42,746 ---·-- 898,328 2.U 1799------657,142 ------~. 904 ----- ~; 736 : _____ 246,640 ---- 5,005 592 ---- 5,647 ----- ~.9(-J3 ----- 6,046 ----- 29,979 ------939,408 4.57 1S------667,107 -----· 245,295 -----27;191 ------2'72,492 ---- 2,8H 652---- 3,466----- 22,307----- 7,W ----- 29,427------972,492 3.152 1801------630,558 ------246,255 ----- 28,296 ------274,551 ---- 2,349 736 ---· 3,085 ----- 31,280 ----- 8,102 ----- 39,382 ------947,576- 2.56 1802--~------557,760 ..•••. 260,543 _____ 29,080 ..•... 289,WJ ____ 2,621 580 ____ 3,201 _____ 32,988 ..... 8,53! ..... il,522 ______89'.3,106-5.85 1800------585,910------268,676-----30,384------299,060---- 11,2!71,143 ---- 12,300----- 43,416----- 8,396 ----- 51,812------949,172 6.39 180-!------660,51! ------286,840 ·---- 30;697 ------317,537 ---- 12,016 323 ---- 12,339 ----- 43,088 ----- 8, 926 ----- 52,0U ------1,042,404 1.00 1805-----·------7«,224 ------301,366 -----31,297------332,663---- 5,117 898---- 6,015----- 48,4•i9 ----- 8,98.'1- ·--- 57,465 ______1,140.367 9.40 1806------· ---·- 798,007------309,917-----30,563------340,540---- 9,778 729---- 10,507----- 50,353 ----· 8,830----- 59.183 ...... 5.99 tso7.: ______840,163 ___ :__ 318,190 _____ 30,838 --·--- 349,028 ____ 8,1« 001 ____ 9,051 _____ 60,690 _____ 9,616 _____ 7o,aoo ______1.~,737l,26B,548 4.95 1808------765,252 ------387,684 ----- 33,135 . ----- 420,819 ---- 3,802 724 ---- 4, 526 ----- 43,598 ----- 8, 400 ----- 51,998 --·--- 1, 242,595- 2. 04: 1809.------906,855 ------3.71,501 ----- @3;662 ------4.05,163 ---- 3,~ 573 ---- 3, 777 ----- 26,110 ----- 8,377 ----- 34,487 -----~ 1,350,282 8.66 1810 ______----- 981,019------371,114 -----~~·233 ------405,347---- 8,250 339---- 3,589----- 26,251 ..... 8,577----- 34-,828 ______l,42i,783 5.51 181L ------763,607 ------386,259 ----- ~· 103 ------•420,362 ---- 5,245 M ---- 5,299 ----- 34,361 ----- 8,873 ----- !3,234 ------1,232,50"2 -13.49 1812 ______------758,636 ------«3, 181 ____ ._ 8-l, 791 ------477,972 ---- 1, 988 942 ---- 2, 930 ----- 21,822- ·--- 8,637 ----- 30,!59 ------1, 269,997 2. 95 1813 ______----- 672,700------433,405----- irl, 704------471,109 ..... 2,153 7&'9 ---- 2,942----- 11,255----- 8,622----- 19,877------1,166,628- 8.14: 1814 ______----- 674,633 ------425,714- ·--- 40,445 ------466,159 ------562 ---- 562 ----- 8,803 ----- 8,992 ----- 17,855 ------1,159,~ .63 1815 ______----- 854,295 ------· {3.1),067 -----40,599 --·--- 475,G6o ------1,230---- 1,230----- 26,510 : ..•. 10,427 ----- 36,937------1,368,128 18.02 1816 ______----- 800,760------479,919-----42,186------522,165---- ______1,168 ---- 1,168----- 37,879----- l0,247 ----- 48,126------~;372,219 .29 1817 ______----- 80i,851 ---·-- 481,458-----43,572------525,030---- !,874 350 ·--- 5,~ ----- 5-3,990 ..... 10,817 _____ 64,801 •••: •• 1,399,912 2.02 1818 ______----- 589,954 ------503,140-----46,234------549,374---- 16,135 615---- 16,750----- 58,552 ....• 10,555 ----- 69,107 •••••• 1,225,185-12.!8 1819 .•••.•. ------· 581,230------523,556-----47,502------571,~ ··:- 31,700 686---- 32,386----- 65,04:5 ..... 11,003 ----- 76,078 ______1,260,752 2.00 18~------583,657------539,080----- 48,9!5 ------588,re5 __ ;_ 35,3911,054---- 36,445----- 60,843 _____ 11,197 ----- 72,040 ______1,280,167 1.54: 1821.------593,825------559,436-----55,409------6U,845 ---- 26,0711,!:124 ---- 27,995----- 51,352 ..•.. 10,941 ..... 62,293 •..••• 1,298,958 1.!7 1822.------582,701 - ----· 573,080 -----51,109 ---·-- 624,189 ---- !5, «9·3, 134 ---- 48,583----- 58, 4.01:) _____ 10, 821 ----- 69,226 ------1, 324,699 1.118 " ]823 ______----- 600,003------566,409-----51,396------617,805 ---- 39,918 585---- 40,503----- 67,04:1 ..... 11,214 ----- 78,255 ------1,336;566 .89 1824, ______- ·--- 636,807------589,223-----52,34.-0------641,563---- 33,166 180---- 33,346----- 68,239----- 9,208----- 7'1,«1 ______l,3S9,163 3.9! 1825 ______----- 665,409------587,273 ·---- 53,588 ------640,861 ____ 35,379------35,379----- 70,626 ...•• 10,836 ----- 81,!62 ------1,423, ill 2.44: 1826. -----·------·---- 696,221 ------666,420 -----55,910------722,330 ---- !1, 757 227 ---- 41,984----- 63,535----- 10,121----- 73,656 ------1, 534,191 7. 8Q 1827 ______----- 701,517 ------732,938----- 56,221 ------789,159 ---- !5,653 339 ---- !5, 992 ----- 73,709 ----- 10,230 ----- 83,939 •••: •. 1, 6~;607 5. 63 1828 ______----- 757,998 ------787,226 ----- 55,680 ------84'!,906 ---- 54-,621 180 ---- 54,801. ____ 74,765 ----- 10,922----- 85,687 ------1, 741,392 7.45 1829 ______----- 592,859 ______!90,468 _____ 18,390 ...... 508,858 .... 57,284 ... .. ---- 57,284 _____ 97,889 ..... 3,908 ..... 101,79'7 •.•••• 1,260,798-27.60 }83() ______----- 537,563 ------!96,640- ---- ~.339 ------516,919 ---- 38,912 793 ---- 39,705 ----- 9-!,014 ----- 3,515 ----· 9'7,529 ------1, 191,776- 5 .•7 1831. ______----- 538,136------516,086-----23,638------539,724 ---- 82,316 481 .... 82,797 ----- 103,450----- 3,739 : .... 107,18& ..•.•• 1,267,843 6.88 1832 ______------614,121 ---··- 6t4, 159 ----- 25,468 ------649,627 . --- 72, !i69 377 ---- 73,246 ----- 99,153 ----- 8,303----- \02,443 ------1, 439,400 13. t)3 1833.------648,869 ------117,423 ----- 26,776 ------7«, 199 ---- 101,158 478 ---- 101,636 ----- 107,295 ----- !, 152----- 111,«7 ------1, 606,151 11.~9 1834 ______------7!9,378 -----· '1'55, 463 -----28,156 ------783,619 ---- 108,060 3M---- 108,424 ----- 113,555 ----- 3, 931----- 117,486 ------1, 758,907 9.51 September 30- 1835 (9 months) _____ 788,173------769,7m -----~.MB ------'i91,338 ---- 9'7,649 ----- ·--- 97,649 ..... 136,817 ·---- 4, 96!. ____ 141, 781 ------1,824,9H 3. 75 1836. ------758,094 ------846,116 ----- 26,907 ------873,023 ---- 144,6811,573 --·- 146,254 -- ·-- 104,838 ----- 4,893- ____ 109, 731 ••..•• 1,882,102 3.13 1837. ______----- 683,205 ----·- 927,250 -----29,731 ------956,981 ---- 127,2421,895 ---- 129,137 ----- 121,866 ----- 5,497----- 127,363 ------1, 896,686 . 7'( 1838.------.. 702,962 ------1, 008,146 ----- 32,959 ------1, 041,105 ---- 119,630 5, 230 ---- 124,860. ---- 120,623----- 6,000 _____ 126, 713 •••.•. 1,9!l5,MO 5.22 1839.------702,400 ------1, W,311 _____ 33,241 •••... 1,153,552 ---- 131,8!5 «0 ---- 13'~,285 ----- 101, 151 .••.• 7,091 ..... 108,242 ------2,096,479 5.05 . 1840 ______----- 762,~ ______1,1«,664 -----32,030 ______1,176,694 ____ 136,927 ----- ____ lli6,927 ----- 96,196- ·--- 8,109----- 104,305 ------2, 180, 76-i 4.():3 1641------788,398 ...... 1,076,006 -----1:!1032 •.•... 1,107,068 ____ 157,405 ------157,405----- 71,817----- 5,996----- 77,873------2,130, 7« -2.80 1842 ______------823,746 ------1,018,253 ----- IN' ,500 ------1,045. 753 ____ 151,613 377 .... 151, 990.---- 66,039 ----- 4,863----- 70,902------2,092,391 -1.80 June30- 1843 (9months) ----- 856,930 ..•.•. 1,048,209 -----27,947------1,076,156 .•.• 152,375 142 .... 152,517 ----- 66,617----- 6,323----- 73,000------~.158,603 8.16 18«. ------900,!11 __ ·____ 1,078,868 -----30,747 ------1,109,615 ---- 168,294 320 ---- 168,6H ___ .. 94,350 ----- 7,046 ..... 101,896 ---·-- 2,280,096 5.63 18-!5 ...... •••.•. ----- 904,476 ______1,190,898 ____ _ 32,320 ______1,223,218 .... 190,696 207 ____ 100,003 ----- 91,240----- 7,165----- 98,405------2,417,002 6.00 1846 ______----- 943,307------1,289,871 _____ 25,706 ______1,315,577 .... 186,980 «0 .... 187,420 ..... 108,919 ----- 6,802 ..... ll5,781 .•.... 2,562,085 6.00 1847 •..•....••.. : _____ 1,047,454 ______1,452,623 -----35,978------1,488,601 .••• 193,859 ----- .... 193,859 -----101,629----- 7,503 _____ 109,182 ------2,839,046 10.81 1848 ______----- 1,168, 707------1,620,988 -----38,829 ------1,659,817 •••• 192,180 433 .••• 192,613 ....• 126,210 ----- 7,195----- 133,405------3,15!,042 11.09 ...... :·, 1897. . CONGRESSIONAL RECORD-SENATE. 597

No. 5.-Statement shojCing the distr-ibution of the tonnage of the United States Merchant Marine employed in the fo1·eign trade, etc.-Continued.

I An- Foreign Coasting trade. Whale fisheries. Cod and mackerel fisheries. nual trade. in- Total crease Year ending- "grt} merchant or de- Lic.ensed Regis- Licensed marine. crease Registered Enrolled vessels ;::::l~om Enrolled vessels (-) Total. tered ves- Total under 20 Total. vessels. vessels. under20 sels. vessels. p er tons. a:B tons. cent. I ~~ , .. -· June30- No. Tons. No. Tons. No. Tons. No. Tons. No. Tons. Ton. No. Tons. No. Tons. No. Ton s. No. Tons. No. Tons. 184:9. ------1,258, 756 ------1, 731,411 ---- - 38,965 ______1,770,376 ---· 180,186 --·-- ·--- 180,186 ----- 116,824 ----- 7,874 ----- 124,608 ----·· 3,334,016 5.71 1850. ------1,439,694------1, 755,797 42,028 --·--- 1, 797,825 146,017 146,017 143,758 8,160 151,918 3, 535, 454 6.04: 1851 . • ------1,544,663------1,854,318 !5,658 ______},899,976 181,644 1!!1,644 138,015 8,141 146,156 a, 772,439 6. 70 1852. ------1, 705,650 ------2, 008,022 47,851 ------~;055,873 193,798 193, 798 175,205 7,914 183,119 4,138, 440 9. 70 1853.------1,910,471 ______2 082 782 51,476 ------'134, 258 193, 200 193, 203 159,840 9,238 169,078 4,407,010 6.49 18.54.------2, 151,918 ------2:213:900 48,214 ------2,322,114 181, 9(ll 181,901 137 235 9, 734- 146,969 4,802,90'2 8.96 186,778 ---76 186,848 8,987 133,5«} 1855------2, 348,352------2,491,100 52, H7 ---·-- 2,643, 255 124:553 ____ , 5,212,001 8. 52 1tl56 ______2, 302,100 ------2,211,935 35,728------2,247,663 189,213 248 189,461 125,700 6,636 132,339 4,871,653 -6.53 1857------2,268,196------2,000,399 36,210------2,336,609 195,772 'i'O 195, 84:2 132,901 7, 295 140,196 4,940,843 1.42 1858.------2,301, 148------2,361,596 39,624------2,401,220 198,594 198,59! 140,490 8356 -·--· 148,846 ------5, 049, 808 2.20 2,439,320 185.728 185,728 147,647 9:060 156,707------5,145,038 1.90 1185986() .-___------______2,321, 6'U ------41, 609 ------2, 480, 9'29 2,379, 796 ------2,599,319 45,548 ------2,644,867 166,841 166,841 153,619 9,145 162,76! ------5,353,868 4.06 192, 641 ______5,539,813 186L------2,400,894 ------2,657,293 !7,251 ______2,704,544 145,734 145,734 182, 106 10,535 3.47 1802.------2, 173, 537 ------5,578,546 38,170 ------2, 616,716 117,714 117,714 193,459 10,738 204,197------5,112,16! -7.72 1863. ------: ----- 1, 9'.?6, 886 ------2,918,614 42, 019------2,960,633 99,228 99,228 157, 579 10,730 16R,309 ------5,155,056 0.84 1864.------1,486, 749------3,204,227 41,038------3,245,265 95,145 95,145 148, 2« 10, 997 159, 241 ------4, 986,400 -3.27 1865_------1, 518, 350------3,353,657 27,865------3,381,522 84,233 84:,233 100,436 12,241 112, 677------5,096,782 2.21 1866 ....••• ------1, 381,756 ------2,689,152 30,469 ------2, 719,621 105,170 105,170 89,386 8,845 98,231 ------4, 310,778 -15.42 1867.------1,515,648------2,627,151 33,239------2,660,390 52,384 52,384: 68,207 7,858 76,065 ------4,804,487 - .u 1868. ------3;067 1' 487' 246 18, 971 2,658;4.04 3;560 43, 736 22, 5312, 702, 140 "349 78,486 "349 78,486 i;467 74,763 --753 9,124 2;220 83, 887 28, 167 4, 35l, 759 1.10 1869 ______------2,970 1, 496,220 18, 639 2,470,928 3853 44, 587 22, 492 2, 515, 515 311 79,202 311 70,202 1,093 55,165 621 7,539 1, 714 62,704 27, 487 4, 144, 641 4.76 1870.------2,643 1, 448,846,19, 964 2,595,328 3:800 42, 919;23, 764 2, 638, 247 299 67,9M 299 67,9M 1,561 82,612 731 8,848 2,292 91, 460 28,998 4, 246, 507 2.41 1871 ______------2,472 1, 363,652120,817 2, 722,372 3,687 42,228 24,504: ~: 764,600 249 61,490 249 61,490 1,563 82,902 863 9, 9,63 2, 426 92, 865129' 651 4, 282, 007 .85 1872.------2,482 1, 359,040 21, 991 2,883,906 4,039 45, 646 26,030 '9'49, 552 217 51, 600 217 51,608 1,486 87,403 899 10,144 2,385 97,547 31,1144,437,747 3.62 1813. ------2,572 1, 378, 533,23. 326 3,116,373 4,134 46,84:7 27, 460 3, 163, 22{1 187 44,755 187 44,755 1,558 99,542 895 9,977 2,453 109, 519 32,672 4, 696, 027 5.82 1874------2506 1, &ill, 815123,258 ~;243,656 4,401 49' 783 27' 659 3, 293, 439 162 39,108 162 39,108 68,490 860 9,800 2,099 78, 290,32,486 4, 800, 652 2.23 1875. --·------2:816 1, 515. 598 22, 654 3,169,687 4,482 50,01127, 116i3, 219,698 165 165 38,229 i;~ 68,703 929 11,504: 2,188 80, 207 ~. 285 4, 853, 732 1. 10 1876.------2,838 1, 553, 70516; ~ 2,547,490 4,589 51, 345 20, 6H 2, 598,835 171 ~:m 171 39,116 1,383 77, 314 928 10,488 2,311 87,802 25,934 4, 279,458 -11.83 1877.------2,809 1, 570, 600 15, 428 2,4t!S, 189 4,682 52,133 20, uo 2, 540,322 179 40,593 179 40,593 1,265 79,678 1,023 11,407 2,288 91, 085 25, 386 4, 242, 600 - .86 1878. -----· ------2,855 1, 589,34815,082 2,444,801 4, 710 52,36919,792 2, 497,170 182 39,700 182 39,700 1,333 74;1)6(_) 1,102 11,987 2,535 86, 547 25,264 4, 212, 765 - .70 1879.------2,~ 1, 451, 506 15, 286 2,545,059 4, 763 53, 123 20,049 2, 598,182 185 40,028 185 40,028 1,208 66,543 1,237 13,342 2,4!5 79,885 25,2114,169, 601 -1.02 1880.------2,204 1, 314, 40215, 263 2,584,418 4, 748 53,268 20,0112,637, ~ 174 38,408 174 38,408 1,147 64, 935 1,176 12,600 2, 323 77, 538 24, 712 4, 068, 03! -2.43 1881.------2,153 1, 297, m5 14, 602 2,590,836 5,017 55,17519,619 2, 646,011 173 38,551 173 38,551 1,215 66, 365 905 9, 772 2,120 76, 13'7 24,065 4,057, 734 -0.25 1882.------2,039 1, 259,49215,007 2, 740,206 5,086 55, 570 20,093 2, 795, 776 146 32,802 146 32,802 1,119 67,015 971 10,848 2,090 77' 863 24, 368 4, 165, 933 2.66 1883.------2,033 1, 269,68114, 546 ~; 77'4,248 5,248 Si, 10619, 794 2, 838,354 141 32,414 141 32,414 1, 245 84,322 1,004 10,716 2,249 95, 008 24: ;~: 235, 487 1.67 1884:.------2,000 1, 276, 972 14, 372 2,813,919 5,482 70, 149 18,854 2, 884:, 068 121 27,2!9 121 27,249 1,140 72,609 961 10, 331 2; 101 82, 940 24, '271, 229 0.84 1885.------2,006 1, 262, 81~ 14, 3C6 2,822,598 5, 735 72, 773 20, 0412, 895, 371 113 2.'), 184 113 25,184 1,089 73,975 714 8, 590 1,803 82, 565 23, 933 4, 265, 934 -0.12 1886.------1,665 1, 088,04114, 187 2,865,817 5,839 73, 935 20, O'l6 2, 939, ~g 1().! 23,138 104 23,138 1, {l96 73,445 643 7,260 1, 739 80, 705 23, 534 4, 131, 130 -3.16 1887-----·------1,512 989,41213,871 2,935,527 5,978 75,208 19, 84:9 3, 010, 735 109 26,151 109 26,151 1,033 73,237 560 6,310 1,593 79, 547 23, 063 4, 105, 845 -0.61 1888. ------1,433 919, 30'..l14, 128 3,096,212 6,034 75, 908 20, 162 3, 172, 120 97 24,482 97 24,482 968 69,146 621 6,866 1,589 76, 012 23, 2814, 191, 916 2.10 1889 ______------1,593 999,61914,221 3,133,812 6,180 71' 604 20,4013,211,416 88 21,976 88 21,976 932 67,669 609 6, 795 1,541 74,464 23,623 4, 307,475 2.75 1890.------1,451 928,062 H, 223 3,330,377 6,258 79,058 20,4813,409, 435 76 18,633 76 18,633 840 61,507 619 6,860 1,459 68, 367 23, 467 4, 424, 497 2.71 1891.------1,516 988, 719 H, 426 3,529,815 6,403 80, 561 20, 829 3, 609' 876 71 17,231 71 17,231 836 61,912 647 7,021 1,483 68,933 23,899 4, 684:, 759 5.88 1892. ------1,459 977,62414,646 3,617, 700 6,657 83,073 21, 30H 3, 100, 773 73 17,052 73 17,052 815 61,819 733 7,653 1,548 1.71 1893.---- ·------l 272 883, 19914,814 3, 770,098 6, 788 84-,597 21, 602 3, 854, 693 71 16,604 71 16,604 806 62,737 761 7,838 1,567 69,70, 4125751 "''""'24, 512 •.4, ,825,.. , 921071 1.26 1894.------1:279 !!99, 69813, ~ 3,611, 7ZJ 6,787 84, 553 20, 630 3, 696, 276 71 16,482 71 16,482 802 63,493 804 8,080 1,606 71, 573 23,586 4, 684:,029 -2.90 1895. ------1,193 822,34713, 641 3,644,267 6, 741 84:,447 20,382 3, 728, 714 67 15,839 67 15,839 767 60,838 831 8,222 1,598 69, ~ 23,24014, 635, 960 -1.03

No. 6.-Table showing shipping owned in each country of the world. [From "Lloyd's Register of British and Foreign Shipping," 1895--96.]

NUMBER, TONNAGE, AND DESCRIPTION OF VESSELS OF 100 TONS AND UPWARD.

Steamers. Sailing vessels. Steamers and sailing vessels.

Wood and Wood and Flag. composite. Iron. Steel. Total. composite. Iron. Steel. Total. No. Tons. I Gross Gross Gross Gross No. Net No. Net No. Net No. Net No. tons. No. tons. No. tons. No. tons. tons. tons. tons. tons. ------British- United Kingdom ______121 19,929 3,532 3,883,211 2,793 5, 792,836 6,446 9,695,976 1,136 253,530 1,14-5 1,332,056 500 836, 895 2,781 2,421,981 9,227 12,117,957 Colonies ------____ 29>1 93,918 351 216,,351 229 231,756 874 542,025 1,370 541,939 58 30,800 7 9,910 1,435 582,657 2,309 1,12!,682 ------TotaL ______------415 113,84:7 3,883 4,099,562 3,022 6,024,592 7,820 10,238,001 2,506 795,469 1,200 1,362,864 5(f{ 846,305 4,~16 3,004,638 11, 53613,242, 639 United States .• ---- __ ------209 155,530 2!8 400,271 169 364,871 626 920,672 2,579 1,221,161 10 12,579 5 10,341 2,594 1,2«,081 3, 220 2, 164, 753 Argentine----...... ------2 272 39 15,378 38 19,145 79 34,795 65 18,571 22 6,5.)0 13 2362 100 27,483 179 62,278 Austro-Hungarian ------· 2 265 89 100,245 71 128,175 162 234,685 140 65,964 3 2,528 4 1:793 147 70,285 309 304,970 1 118 52 58,559 36 70,337 89 129,014 4 1,538 --··a ------2io 4 1,538 93 130,552 ~~~~ttfa.D.- ~ :: ~ ======: =:::::::: ~= 2 4,192 67 36, 121 106 75,213 175 115,526 121 30,932 ----2;ioi 1 125 38, 243 300 148,769 Chilean ------____ ----·-- 26 25,918 13 18,474 39 44,392 95 56,813 3 1,880 98 58,693 137 103,085 Chinese------____ ------1- 2,336 7 8,862 7 7,839 15 19,037 1 135 1 135 16 19,172 Danish_------_------4 1,201 157 120,690 103 100,586 264 222,477 474 89,982 ---57 -·-sa;27i --i7 ---io;!i&i 548 134,237 812 356,714 Dutch_------·------128 165,130 81 150,066 209 315,196 203 79,829 21 25,198 25 26,638 249 131,665 458 446,861 1 1,017 9 6,952 4 6,530 14 14,49!1 15 3,345 --28 15 3,345 29 17,844 ~~ll;~~~-= =:::::::::::::: ~: ::: = 12 2,220 393 573,164 166 327,721 571 903,105 499 99,351 ---66 ---57;538 ---34;758 593 191,647 1, 164 1, 094,752 German ..•• ------1 204 476 446,84:2 476 896,311 9".J3 1,343,357 468 181,271 200 207,663 109 154,521 777 543,455 1, 730 1, 886, 812 Greek------.------12 1,453 71 63,601 4Q 74-,837 128 139,891 745 205,205 5 1,683 750 206,888 878 346,779 Hawanan ------____ 13 4,334 3 4,615 2 3,840 18 12,789 3 1,173 1 863 6 ----9;006 10 11,042 28 23,831 Italian ___ __ ------_____ ----- ____ 5 1,055 193 279,561 30 68,472 228 339,088 008 12 9,473 31 33,467 1,011 439,853 1,239 778,94~ 179 122 154,532 38 83,793 839 279,668 79 396:~20, 1 499 80 21,433 419 301,101 106 38,941,~ 283 203,218 197 204,2« 586 446,384 2,364 1,123,116 40 37,405 --48 ---52;&7 2,455 1,212,628 3,04:1 1,659,012 f!ai!a~~~:::::::::::::::::: 1 345 1 - 2,100 2 2, 769 4. 5,214 37 9,734 ----4 ----8;274 37 9,734 41 14,948 3 382 28 28,877 15 33,633 46 62,892 126 37,454 ---i 130 ro, 728 176 103,620 K:~;:_~~~==== :::: ::::~::::::: 9 1, 708 139 109,361 ill 129,819 259 240,888 824 2«,934 2 1,639 220 827 246,793 1,086 487,681 Spanish .... ------~ 12,H7 275 275,659 95 172,139 402 !59,945 344 93,065 2 1,228 346 94,29'3 148 554,238 124 27,575 299 146,256 113 59,7U 536 233,545 879 251,767 ---i5 ---ii;603 2 962 896 264,332 1, 43'2 497' 877 ~:~~==== :::::::::::::::::::: 21 4,022 57 63,761 22 9,013 100 76,796 1,008 201,414 ---2 ------259 1,008 201,414 1,103 278,210 Uruguayan------1 374 10 8,924 18 7, 758 24 17,056 15 2,873 17 3,132 41 20,188 Other countries------7 1,919 « 28,731 - 19 8,409 'iO 39,059 78 22,946 78 22,946 148 62,005 ------Tota.L ------1,163 417,081 7,099 7,432,800 4, 99419, 038, 000 13,256 16,887,971 14,640 5,255,889 1,671 1, 778,671 801 1,185,101 17,11218,219,661 30,368 25,107,632 .598 CONGRESSIONAL RECORD-SENATE. APRIL 5,

No. ·T.-Table showing the comparative growth of the tonnage of the merchant navies of the United States and of the principal;na1·itime countries of Europe . from 1850 to 1895. · [Compiled from the last annual report of the Commissioner of Navigation of the United States, except that the Bureau Veritas furnished the figures for · the shipping of European nations in 1894.]

Countries. 1850. 1860. 1870. 1880. 1890. 1891. 1892. 1893. 1894. 1895.

.American....•• ----·------·---- 3,485,200 5,299,175 !, 194,740 4,068,034 4,424,497 4,684, 759 '!!· 764,921 4,825,071 4,684,029 4,635, 000 British ....•• ------·------.•• -----.----- 4,232,962 5,'710,968 7,149,134 8,447,171 11,597,106 11,92e,624 ,455, 687 12,788,282 13, 192, 566 ------...... French .....• ------·------.------688,153 996,124 1,072,0i8 919,298 1,045,102 1,082,674 1,057,708 1,052,022 1,128,309 Norwegian------298,315 558,927 1,022,515 1,518,655 1,584,355 1,66.15,477 1,681, 759 1, 710,313 1, 703,920 ...... ------Swedish ------...... ------346,862 542,642 475,004 473,101 49 ,505 500,711 505,669 ...... Danish ...• ------______------·------...... ------249,466 280,065 295,944 310,676 323,801 862 858 1,182,097 ------German ••••••• ------433;922· ~~·~ 1,569,311 1,678,446 1, 703,754 1, 735,683 1,841:014 .. Dutch.-----_------.------292,"576' 389:614 828,281 378,784 401,273 435,791 442,on 467,872 ------3!,919 33,111 80,H9 75,666 1l0,571 111,744 112,541 115,1"09 ------...... ------·- ...... 1,012,164 999,196 816,567 828,158 818,8W 796,2!7 -""'835,"274" ------··· Austro-Hungarianr:.w~~n- ======·======----- .••••• ==== =------======---· ---·-· ---··- ----263,-075' 829,377 290,971 269,648 265,980 273,812 298,674: 302,656 ------·--· Greek ___ ------·------____ ------404,063 ------.. ----·- 00'7,&10 332,107 356,483 879,699 373,523 ------·--- In these two tables the tonnage of the United States includes the tonnage of coastwise vessels as well as those engaged in carrying our foreign commerce.

The following table shows imports and exports carried in No. S.-Ca1-rying trade: Value of foreign carr-ying trade of the United States American and f01·eign vessels from 1859 to 1895: in .American and foreign, vessels, etc.-Continued.

No. 8.-Carrying trade: Value of fm·eign CCf1"1'1Jing t1·ade of the U~ted ~tates By sea. ~r::l in .American and foreign vessels, respecttvely, front 1859 to 1895, tncluswe. "'"'CIS Year·ending ~-~$ By land, Total [Merchandise and specie to 1879,.inclusive; merchandise only .after 1879.] June30- InAmer- In foreign in bylandand ican Total. 8a~ vehicles. sea. IMPORTS INTO .THE UNITED STATES. vessels. vessels. fD~~ P-t By sea. ~~ "'"'CIS Dollars. Dollars. Dollars. Dollar!I. ~ -~rtl By~and , Total Dollars. Year ending 1886------28,406,686 581, 973, 477 660,880,!~ TI.9 19,144,667 679,524,880 In .A.mer- In foreign 8;~ ln bylan~and 72,991,253 621, 802, 292 June30- ican TotaL '"'S1B vehicles. sea. 1887------694, 793, 545 10.5 21' 389, 1i66 716, 183,211 vessels. vessels. 1888 ------67,332,175 606, 474, 964 678,807,189 10 22,147,868 695,954:, 507 ~ 1889 ------83,022,198 630,942, 660 713,964,858 1l.6 28,436,517 742, 4.01, 375 1890 ------7'i, 502,138 747,876,644- 824. 878, 782 9.4. 82,9!9,002 857, 28,684: 181H ------··-· 78,988,047 773,569,324 ° 852,4.57,3n 9.3 81,923,439 884:, 480, 810 Dollars. Dollars. Dollars. Dolla1·s. Dolla1·s. 1892------81,033,8« 916, 022, 832 997,006,676 8.1 33,221,472 1, 03U, 278, 148 1859 ------216, 123,428 122, 644, 702 338, 768,180 63.8 ----- ...... -.. 338, 768,180 1893------70,670,073 73-3,132,174. 800, 802, 2!7 8.8 43, 862, 947 847,865,194 1.860 ------228,164,855 13!, 001,399 362,166,254 63 ------·--- 362,166,254 1.894 ------73,707,023 769,212, 12"2 842,919, 145 8.7 49,221,427 892,H0,572 1861 ------~1,544,055 18·!. 106, 098 335, 650, 153 60.] ------...... 335, 650, 153 1895------62,277,581 695,357,830 757,635, ill 8.2 49,902, 75i 807. 538, 165 1862------92,274,100 . 113,497,629 205, 771, 729 44.8 ------·-- 205,771,729. 1863------109,744,580 143,175,3!0 252,919,920 48.4 ------252, 919, 920 1864: ------81,212,077 248, 350, 818 329,562, 895 24.6 ------329, 562, 895 IMPORTS .U.TD EXPORTS. 1865 ------74,385,116 174,170,536 248, 555, 652 29.9 ------·--- 248,555,652 1866------112,040,895 333,4n,763 445,512, 158 25.2 ----- ...... 445, 512, 158 1867 ------117,209,536 300, 622, 035 417' 831, 571 28.1 ...... 417,831,571 1859------465, 741, 381 229,816,211 695,557,592 66.9 1868------1.22, 965, 225 248, 659' 583 871, 624, 80S 33.1 ...... 371, 624, 80S ------695, 557' 592 1860------507,2!7, 757 255, 040, 793 762, 288, 550 66.5 ...... ----- 762, 288, 550 1869------136,802,<1M BOO. 512, 231 437,314-,2.')5 31.8 ----- ...... 487,314:,255 1861 ______381, 516, 788 __ ___ ... 203, 478, 278 584, 995, 066 M.2 584, 005, 066 1870------153, 237' 077 309,140,510 462, 377' 587 33.1 ----- 462,377' 587 217,695,418 218, 015, 296 435, 710, 714 50 ------1871 ______163,285,710 363, 020, 644, 526, 306, 854 31 15,187,854. 541,493,708 1862 ------435,710,714 1863 ------241, 872, 471 843, 056, 031 584, 928, 502 41.4 ...... 584,928,5(12 1872------177,286,302 445, 416, 783 622, 703, 005 28.5 17,635,681 640,338,766 1864:------1865 ____ _. _____ 184,061,~6 485,793,548 669, 855, 034 27.5 669, 855, 034 18'/3 0------174, 739,834 tn,806,765 646, 5«1, 599 ZT 17,010,548 663,617,147 167' 402, 872 437,010,124 ------176,027,778 4.05, 320,135 581,347, 913 80.3 14., 513, 335 604, 4l2, 998 27.7 ------604, 4.l2, 996 1874------595, 861, 248 1866------325, 71l, 861 685, 226, 691 1, 010, 938,5.52 32.2 -·--·-- --·- 1, 010, 938, 552 1875 ------157,872,726 882, 949, 568 540, 822,294 29.2 13,083,859 553, 906, 153 297' 834, 904 581, 330, 403 879, 165, 307 33.9 143,889, '1'04 821, 139, 500 464,529,204 30.9 12,H8,667 476,677,871 186'7 -----·---- -...... 879, 165,807 1876 ------1868 ------1297,981,573 550, 546, 07 4 848,527,647 35.1 - ...... ----- 848,1527,64:7 1877 ------151, 834,067 329,565, E33 !81, 399, 900 31.6 10,697,640 492,097,540 1869------289, 956, 772 586, 492, 012 876, 44:8, 784. 33.2 876, 44:8, 784 1878------146,499, 282 307' 407' 565 453, 906, 847 32.3 12,965,999 4.66, 872, 846 352, 969, 401 ·------454, 089, 952 18701871 ------______• ___ 638,~.488 991, 896, 889 35.6 991,896, 9 1879------143, 590,353 310,499, 599 31.7 11,983,823 466, 073, 775 353, 664.,172 755, 822, 576 1,109 ,486,7~ 31.9 1SSO ____ ------14.9,317,368 503, 494, 913 652, 812, 281 22.9 15,142, 465 661,954:,746 ·22: 935; 5io 1 132 472 258 1881 ______1872 ------34:5, 331, 101 839,3«i,362 1, 184,677,463 29.2 27,650,770 1:212:828:233 133.631, 146 491, 84(), 269 625, 471' 415 21.4 17,103,213 64:2, 664:, 628 346, 306, 592 966, 722, 651 1, 313, 029,243 26.4 130, 266, 826 571,517,802 701, 784, 628 18.6 22,854,946 72!, 639, 574 1873 ------27,869,978 1,840,899,221 1882 ------1874: ------350, 451, 994 939, 206, 106 1, 289, 658,100 ZT.2 23, 022, 54() 1, 312,680, 6!0 1883 ------136, 002, 290 564,175,576 780,177,866 .17.1 23,003,048 723,180,914. 884,788,517 512,511,192 647,557,899 1875 -----··--- 314:, 257' 792 1, 199, 046, 309 26.2 20,388,235 1, 219, 4.34, 5« 1884 ------135, 046, 207 20.8 20,140,294 667,697,693 1876------311,076,1n 813, 354:, 987 1, 124,481,158 '1!1. 7 18,473,1.54 1, H2, 90!, 312 1885 ------~2,864,053 443, 513, 801 55!!, 877,853 20.3 21,149,476 577,527,329 316,660,28 859,920,536 1., 176, 580,817 1!18, 942,817 491,937,636 610, 880, 4:53 19.5 24.555,683 635, 436, 136 1877 ------26.9 17,464,810 l , 194, 045, 627 .1886------1878 ------313, 050, 906 876, 991, 129 1, 190, 0!2, 035 26.3 20,477,364 1, 210, 519,399 1887 ------121,865,493 543, 392, 216 664,757,709 18.3 27,562,059 692,819,768 272,015, 692 911,269,232 123, 525, 398 568, 222, 357 691,74:7,755 17.8 32,209,459 723,957,214 1879 ------1, 183,284,924 23 19,423,685 1, 202, 708, 609 1888 ------1880------258, 846, 577 l, 22-!, 265,4.34 1, 482, 612, Oil 17.4 20,961,393 1, 503, 593, 404 1889------120, 782, 910 586; 120, 881 706, 903, 791 17.1 38,227,861 '141), 181,652 1,269, 002,983 1,519,589,453 124. 9-18, 948 623,740,100 748,689, Oi8 16.7 40,621,361 789,310, 409 1881 ------1250: 586, 470 16.5 25 452 521 1,545,041,974 1890------1891 ______1882 ------· 227,229,745 1, 212,978,769 1,4!0,208,514 15.8 34:973:817 1, 475,181, 831 127,471,678 676, 51l, 763 803, 983, 441 15.9 40,982,755 844, 916, 198 1, 258,506, 924 139, 139,891 64.8, 535,976 787,675,867 17.7 39,726,595 1883------1, 49 ' 927' 4.24 16 48,092,892 1, 547,020,316 1892 ------827' 402, 462 1884------1, 127' 798, 199 1, Bill, 4.97; ~ 17.2 46,714,068 1,4.08,211, 802 1893------127,095,4.34. 695, 184., 894 822, 279,828 15.5 44,121,094 866, 4.00, 922 ~·~·~ 625, 871, 527 1885 ------J~:865:ua 1, 079, 518, 5G6 1, 274,384,309 15.3 4..5 332 775 1,819, 717,084 1894: ·------121, 561, 193 503, 810, 334 19.4 29,623,095 654, 994, 622 97,849,503 1, 073, 911, 113 15.5 43: 700:350 1, 314, 960, 066 108,229, 615 590, 538, 362 698,767,977 15.5 33,201,988 781,969,965 ° 1886 ------1895 ------1887------194,356,746 1, 165, 194, 50S 1·[,~·~·~ 14.3 48,951, 72.:S 1' 4.08' 50'.2, 979 1~ ------;:857,473 1, 174,697,821 1:365:554: 7~~ H 54, 3!)6, 827 1, 419,911, 721 188 ------,805, 108 1., 217' 063,541 1,420,868,649 14:.3 66,064,878 1, 487,533,027 EXPORTS FROM THE UNITED STATES. 1890 ----- ·---- 202, 451,086 1,371, 116,744 1, 573,567, SEQ 12.9 73,571,203 1,647,189,093 206, 459, 725 ~: 450,081,087 1, 656, 5-W, 812 12.5 72,856,19-! 1,729,397,006 220,173,735 '564., 558, 80S 1, 784, 732, 54.3 12.2 72, 9-18, 067 1,857,680,610 1859 ------· 249,617,958 107,171,509 356, 789, 462 70 ·------· &6,789,462 1893im ------=~=:======197,765,507 1. 428, 816, 568 1, 626, 082, 075 .12.2 87,984,:~ 1, 714,066,116 18611860 ------______279, 082, 902 121, 039, 39-! 4.00, 122, 296 70 --·------·- 4.00,1.22, 296 1894------195, 268,216 1, 273, 022, 456 1, 468, 290, 6!~ .13.3 78,844, 1,547,135,1904 179,972,733 69,872,180 249, 844, 913 72.1 -----·-·-- 2!9, 844,913 1895------170,507,196 1, 285,896, 192 1, 455, 4.03, 338 11.7 83,104,742 1, 589, 508, 130. 1862 ------125, 421, 318 104,517,667 229,938,985 54.6 ...... 229, 938, 985 1863 ------182,127,891 199,880,691 332, 008, 582 89.8 -·------332, 008, 582 1864 ------·- 102,849,409 237,442,730 840,292,189 80.2 ------·--· 340, 292, 139 No. 9.-Table showing total number and tonna_qe of steam vessels (ove'· 100 .1865 ------93,017,756 262, 839,588 355, 857' 3« 26.1 ----- 855,·857, 344 tons) and sail vessels (over 50 tons). 213, 671, 466 351, 754,928 565, 426, 394 37.8 ----·- 565, 426, 89-! 1866------··- [Recorded by Bure!lu VeritaR.] 1867 ------180, 625, 368 280, 708, 368 461, 333, 736 39.2 ...... 461, 333, 736 175,016,348 801,886,491 4.76, 902, 839 36,7 476, 902,839 1868 ------·---·-- THE WORLD. 1869 ------153, 15!, 74S 285,919,781 439, 134, 529 3i.9 ----·------439,134, 529 1870 ------199,732,324 329, 786, 918 529,519,802 87.7 -··-- ...... 529, 519,802 1871 ------~90,878,462 392, 801, 932 583,180, 39i 32.7 7, 798,156 590, 978, 550 Year. Steam (over 100 Potential 1872 ______168, 044, 799 293,929,579 4.61, 97 4, 378 36. 4 10,015,089 471, 980, 467 tons). Sail (over 50 tons). tonnage. 1873 ------171,566,758 4.94, 915, 886 666,482,644 25.8 10,799,430 677,282,074. 1874 ------174,424,216 533, 885, 971 708,310,187 2!.6 8,509,205 716, 819, 392 1875------156,385, 066 501, 838, 94c9 658, 22!, 015 23.8 7,00!,376 665, 528, 391 No. Gross tons. No. Tons. 1876------167,686,467 4.92, 215, 487 659,901,954: 25.4 6,324,487 666, 226, 441 1886.------8,547 10,403,958 42,5!5 12,571,384 39,840, 984 1877------164,826,214 530,354,703 695,180,917 23.7 6, 767,170 701, 948, 087 1887------8, 718 10,632,722 41,281 12,174,016 89,992, 406 1878 ______166,551,624 569,583, 564- 736, 135,188 22.7 7,5ll,865 743,646,553 1888.------8,835 11,045,937 39,667 11,636,289 40,64B,27 7 1879------128,425,339 600,769,633 729, 194,972 17.6 7,439,862 736, 634., 834 1889.------1 90 ______9256 ll, 913,871 37,567 1l,081,197 4.2,078,38 1 1880 ---·------109,029,209 720, 770, 521 829' 799' 730 13.1 5,838,928 835,63 ,658 9:638 12,825,709 33,879 10, 540, 051 43,687,03 9 1881 ______ll6, 955,324 777,162,714 894, liS, 038 13.1 8,259,308 902,817,346 1891.------10, 100 13, 805, 0"28 31,666 10,217,9419 45,707, 485 1882------96,962,919 641, !00, 967 738, 423, 886 13.1 12, 1l8,871 750, 542, 257 1892 _____ ------10,362 14,880,036 30,711 10,093,74.9 4.7, 000,401 1883------104,41 ,210 694, 331, 348 798,749,558 13.1 25,089,844 823,839, {{)2 1893.------10,629 15,134,436 29,756 9,820,063 48,528,819 ~o. 15,657,124 9,5-!7,747 49,526,841 ~ ------98,652,828 615,287,007 713,939,835 13.8 26,57'0, 774 740,518,609 1894:.------744 29,333 ------82,001,691 636, 004, 765 718, 006, 456 11.4 2!,..188,299 742,189,755- ....- - ' . - : . - ' 1897. CONGRESSIONAL RECORD-SENATE. 599 I

No,IJ.-Table showing total number. and tonnage (fc steam vessels (over 100 No. 10.-Table showing the class, number, and tonnage .•••• 136 224 680 284 ,324 1.54-.,624..89 5 95!.65 1,829 155,579.09 century. In 1895 we built 111,602.23 tons and in 1801 we built 1816 _____ 76 133 781 424 1,414 131,667.88 17 3,518.89 1,4-.31 135,186.80 1817 _____ 84 90 559 394: 1,077 86,393.37 10 1,233.28 1,087 87,626.65 124,755.28 tons. Moreover, of the vessels which have been built in in ' 1818----- 53 85 428 332 898 82,421.20 25 4,925.29 9Z3 87,SMA9 recent years, very few have been intended for or used the for- 1819 _____ sa 82 4-.73 240 848 7~379.45 za 7,290. n 876 86,670.24 eign trade. In the days of wooden shiRs the columns headed 1820----- 22 60 301 152 535 4 '784.Dl 22 8,610.58 557 51,394-..~ "1821 _____ 43 89 248 127 507 55,856.02 12 1,419.10 fi19 57,275. "Ships and barks," and" Brigs," the vesse s indicated were nearly 1822 _____ 64 131 260 168 623 75,8!6.93 16 ~,222.81 639 77,569.29 all for foreign commerce. Very few of these rigs have been built 1823 _____ 65 127 260 165 607 72,758.4-.9 23 ,099.16 630 75,857.65 of late. In 1894, 1,046,508 tons of new shipping wera launched •No record. from British shipyards, or about eight times our output.

' - . I ~·

600 CONGRESSIONAL RECORD- SENATE. APRIL 5,

No. 11.-Table showing the population total foreign comnte1·ce, and commerce per capita of the United States and the1 principal countries embraced in the [18.1 Hamburg-Amm'ican.-To Naples twice a month, in conjunction 'with British E1npire. the North-German Lloyd Line. - !29. Navigazione Gene1·ale Italiana (Italian).-Passenger and freight service fortnightly to Gibraltar and to Genoa. Total 30. New York and Mediterranean Steamship Company.-"Phelps Line" Estimated Total for- Imports Exports (British). Frl'ight service to Mediterranean ports. State. population eign trade in trade per per ml894. per 1\'EW YORK TO CHINA .Alo.'D JAPAN. 189-!. capita. capita. capita. 31. Barber&; Co. (charterers).-Freight service about once in six weeks by ------varying chartered vessels to Singapore, Hongkong, ~hanghai, Hiogo, and Ceylon_------____ ---·- 8,008,466 $56, 30"2, 593 $18.77 $9.77 $9.00 Yokohama, via Suez, calling at Hodeidah and Aden. Straits Settlement .... 512,342 410,937,356 802.61 W.79 864.82 32. P~ &; Co. (charterers).-Same as above. ___ .,. ______Hongkong ------·- 346,006 100, 000, 000 289.00 ·------NEW YORK TO AFRICA. Labuan ------·-··-··- 6,000 1,335,700 222.60 142.14 80.46 Dominion of Canada .. 4,833,239 240, 999,889 49.86 25.54 2-!.32 38. Union Clan Line and American and African Line (British).-Alternate Newfoundland------·· 197,934 12,976,907 65.54 86.18 29.86 monthly freight service to South and East African ports. British Guiana ...... 278,828 22,898,044 80.58 29.21 51.37 NEW YORK TO THE RED SEA .AND E.AST INDI.AN PORTS. British Honduras ..•.. 31,4-71 4,128,015 133.16 50.92 82.24, Sf.. Daniel Bacon (charterer).-Bimonthly freight sa"rvice to Jeddah, Ho· Australian colonies ... 3,310,182 453, 705, 503 137.07 66.86 76. 7l deidah, Aden, and Born bay. Jamaica------·--· 639,491 20,017,078 31.32 16.69 14.63 Trinidad ...... 205,753 20,213,770 98.00 51.20 47.40 NEW YORK TO SOUTH .A.MERIC.A. Cape of Good Hope .... 1,527,224 118, 960, 691 77.90 34.25 43.65 35. Red D Line (American).-Mail, express, and passenger service every 10 New Zealand ...... 668,651 77,959,458 116.70 49.45 67.25 days to CuraQOa, Puerto Cabello, La Gnayra. Also freight line to Maracaibo Tasmania ..... _...... 154 424 12,014,422 77.99 30.94 47.05 (1 steamer). Also 1 steamer connecting Cur~oa and Maracaibo, and 1 Great Britain ...... 40,000,000 3,384, 000,000 86.45 steamer connecting CuraQOa and La VelA. de Coro. United States ....•..... 68,275,000 1, 547, 135, 194 22.67 -----9.-59. ---·-ia:oo 36. Robert M. Sloman's I.ine (German).-Freight service monthly to Rio de Janeiro, Pernambuco, and Santos. . • 87. Booth Steamship Line (British).-Monthly freight service to Para. and From this table it appears that the foreign trade of the United Manaos; return via Barbados. Also monthly freight service to Para, Maran­ han, and Ceara or Pernambuco, thence to London, and return via same ports States per capita is less than that of any of the British Colonies, to New York. even that of Canada, Jamaica, Cape of Good Hope, and New­ 38. Red Cross Line (British).-Freight and mail service to various ports in foundland; but for the figures no one would believe this possible. Brazil. 89. Demerara Line (Norwegian, L. W. & P. Armstrong, charterers).­ The inferior position of the United States is largely due to the Freight servi<'..e once a month to Demerara, British Guiana. lack of an adequate merchant marine. [ 15.] Lamport &; Holt Line (British).-Freight and passenger service every 10 aays to Pernambuco, Rio de Janeiro, and Bahia. Also Montevideo, Buenos No.l2.-STE.AMSHIP LINES FROM NEW YORK. Ayres, and Rosario at irregular intervals. NEW YORK TO GRE.AT BRIT.AIN. Knott's Pt'ince Line. (See above.) 1. International Navigation Company (American, British, Belgian flags).­ 1.0. Norton Line (British).-Freight service semimonthly to Montevideo, Express, passenger, and mail service weekly to Southampton. Buenl)S Ayres, and Rosario; return via Rio de Janeiro. !!. Cuna1·d Line. (British).-Express, passenger, and mail service weekly to 1.1. w. R. Grace&: Co., Me1·chants' Line (British).-Monthly freight service Queenstown and Liverpool. to ports on west coast of South America. 3. White Star Line (British).-Express service weekly.to Queenstown and NEW YORK TO CENTRAL .AMERICA. Liverpool. /,£. Pacific Mail Steam.ship Compam1 (American).-Express, passenger, a~d 1.. Ancho1· Line (British).-Express, passenger, and mail service weekly to mail service weekly to Colon. Also San Francisco. Moville and Glasgow. MJ. Colu111bianLine (American; Panama Railroad Company, charterers).­ 5. Guion Line (British).-Biweekly express, passenger, and mail service to N ew York to Colon every 10 days. Queenstown and Liverpool. /#.. Ce1ttral American Steamship Line (James Rankine, charterrr).-Fort­ 6. National Line (British).-Weekly freight and live-stock service to Lon­ nightl;v passen~er and ft:eight service to Jamaica, Belize, Grey Town, and don. ports m Honduras and Nicaragua. 7. Arrow Line (British).-Service, principally freight. Leith and Dundee. 45. Me1·chants' Regular Line (R. Williams, jr.).-Service to Jamaica, Colon, 8. Manhanset Line (British flag).-Service every 10 days to Bristol and Grey Town, Bluefields, and ports of Nicaragua. Swansea, Wales. 46. Nicaragua Line (Hurlbut & Co., charterers).-Fortnightly service to 9. Bristol City Li-ne (British).·-Semiweekly freight service to Bristol and Blneflelds and Bocasdel Toro. • Swansea and ports in the British Channel. 47. H. Dunwis &; Go. (charterers).-Freight service, chiefly banana trade, 10. Wilson-Hill Line (British). -Service chiefly freight, to London. to Baracoa. and Gibara by chartered steamers. 11. Wilson Line (British).-Weekly service to Hull and fortnightly service to Newcastle, chiefly freight. NEW YORK TO WEST INDIES .AND MEXICO. /,8. New York and Cuba Mail Steamship Company (American).-Express. 12. Allan-State Line (British).-Weekly service to Glasgow. passenger, and mail service to Habana, Matanzas, and Central American 13. Atlantic Transport Line (British).-Weekly passenger service to Lon· ports. Also fortnightly to Nassau, St. Jago, and Cienfuegos. don. MJ. Koninklijke West-Indische Maildiertst (Dntch).-Every three weeks to 11.. Suntner Line.-Irregularfreightandcattle service to Liverpool bychar- Haiti. CuraQao, Porto Cabello, La Guayra, Trinidad, Demerara, Paramaribo, tered steamships of various fla~. . and other West Indian and South American ports to Amsterdam. 15. Lamport&; Holt Line (British).-Freight service at varying periods to 50. Campania Transatlantica Espanola (Spanish).-Passenger and mail Liverpool. service three times a month to Rabana, MeXIco, United States of Colombia, 16. Knott's Pl'ince Line (British).-Freight service to British ports at irreg­ and Venezuela.. ular periods. Also to South American and West Indian ports. 51. Atlas Line (British).-Passenger and mail service to Haiti and ports of NEW YORK TO GERMANY. United States of Colombia fortnightly; to South Haiti and Port Limon fort­ nightly; to Kingston, Jacmel, ana Au.x Cayes fortnightly. 17. North German Lloyd (German).-Express, mail, and passenger service 5fJ. Clyde's Dominican Line (American).-Fortnightly service to ports of to Bremen touching at ~outhampton, twice a week. Santo Domingo. 18. Hamburg-American (German).-Weekly express, mail, and passenger 53. Clyde's Haitien Line (American).-Monthly service to ports of Haiti. service to Hamburg via Southampton. Weekly mail and passenger service 54. New York, Bermuda and West India Line (British).-li'ortnightly pas­ to Hamburg; return via Havre. Semimonthly freight service to Hamburg. senger and mail service to Bermuda. 19. Union Line (German).-Fortnightly passenger and freight serVice to 55. Bahama Steamship Company (British).-Passenger and mail service Hamburg. monthly to the Bahamas. - NEW YORK TO FRANCE. 56. Waydell &; Co. (charterers).-Monthly service to .Matanzas and north 20. Compagnie Generale Transatlantique (French).-Express, passenger Cuban ports. Also monthly to St. !ago de Cuba and Czenfuegos. and mail service, weekly, via. Southampton, to Havre. 57. New York and Pm·to Rico Line (charterers).-Fortnightly freight serv­ ~1. Compagnie Nationale de Na-vigation de Marseille (French).-Passenger ice to Porto Rico. and freight service to Marseilles and Naples. · 58. Trinidad Line (Christall & Co., charterers).-Freight service to Gra- f!S. Nouvelle Compagnie Bordetaise de Navigation (French).-Monthly nada, Trinidad, and Demarara. . freight service to Bordeaux. 59. Quebec Steamship Line (British).-To St. Thomas, St. Croix, Guadeloupe, 23. Cyprien Fam·e Line (French).-Fortnightly service to Marseilles and Martinique, St. Lucia, and Barbad03. Naples. Knott's Line. NEW YORK TO THE NETHERL.A iDS. 60. Munson Line (charterers).-Irregnlar freight service to Cuban ports, 1£1.. Netherlands-Anterican Line (Dutch).-Express, passenger, and mail usually every 10 days by changing ehartered vessels. service. semiweekly to Rotterdam and Amsterdam, calling at Boulogne. This list gives the names and nationality of the c~mpanies and S5. North American Transport Line (British).-Freight service to Rotter· dam every 10 days. service of the 60 ocean lines leaving New York for all ports of the NEW YORK TO BELGIUM.. world, only 7 being American, the rest forei~n. It shows how , 1. Inte1-national Navigation Company.-Red Star Line (under Belgian flag). completely the carrying of our foreign trade IS in the hands of Semiweekly passenger and mail service to Antwerp. foreign ships. [11 .] Wilson Line (British).-Fortnightly service, chiefly freight, to Ant· werp. RELIEF OF FLOOD SUFFERERS OF THE MISSISSIPPI VALT.JEY. NEW YORK TO THE BALTIC. Mr. BATE. I introduce a joint resolution which I ask unani­ [18.] Hamburg-American (Ge.rman).-Scandia Line. Fortnightly to Chris­ mous consent to have read and considered at this time. tiansand, Gothenburg, Copenhagen, and Stettin. ~6. Thingvalla Line (Danish).-Service every 10 days to Christiansand, Mr. HOAR. I ask that the unfinished business be laid before Christiania, Copenhagen, and Stettin. the Senate. NEW YORK TO PORTUGAL AND SP.AIN. The PRESIDING OFFICER (Mr. WELLINGTON in the chair). 27. Linha de Vapm·es Portuguezes (Portuguese).-Passenger and freight Before the joint resolution introduced by the Senator from Ten­ service to the Azores, Oporto, Lisbon, and Cadiz. nessee fMr. BATE] is read, the Chair will lay before the Senate !28. Empresa Insulano (Portuguese).-Passenger and freight service to the the unfurlshed business, the title of which will be stated. Azores, Cape "Verde, and Canary islands, and Lisbon every 6 weeks. The SECRETARY. A bill (S. 1035) to establish uniform laws on NEW YORK TO THE MEDITERRANEAN. the subject of bankruptcies throughout the United States. [4.] Anchor Line.-To Gibraltar, Naples, Genoa, Leghorn, Messina, and Pa- Mr. BATE. I now ask unanimous consent that the joint resq: lermo. . [17.1 North-German Lloyd.-To Naples twice a month. To Genoa tWlce a lutio? ~hich I introduce ·may be r ead at length and considered m ont:fi. at this trme. 1897. CONGRESSIONAL RECORD-SENATE. 601

The joint resolution (S. R. 27) for the relief of the flood sufferers guarding the hap'Piness and supporting the rights of a free people. It might ~ard against political oppressiOns, only to render private oppressions more of the Mississippi Valley was read the first time by its title and mtolera.bleand more ~larmg. 'the second time at1ength,-as follows: But there are peculiar reasons, independent of these general considerations, Resolved by the Senate and House of Representatives, etc., That the President why the Government of the Unite~ States should be intrusted with this power. of the United States be, and is hereby, authorized to direct the Surgeon-Gen­ They result from the imfortance of preserving harmony, promoting justice, . eral of the United States Marine-Hospital Service, through its medical officers, and securing equality o rights and remedies among the citizens of all the to at once, to the extent needed,di8tribute to the flood sufferers such surplus States. tents, blankets, food, and medicine as he may now have. on hand, purchased There are not only peculiarreasqns why tlie Government should from the epidemic fund of 1893; and that the Marine-Ilospital SerVIce be, and is hereby, authorized to purchase, with the epi9.emic fund now on hand, such have this power, a,s Judge Story says, but there are many reasons other supplies, as tents, blankets, food, and medicine, as the Surgeon-General why Congress should exercise it for the benefit of the whole peo~ of the Umted States Marine-Hospital Service may deem necessary, and dis­ ple without further delay. tribute the same as he may think needful to the flood sufferers as soon as possible. THE FEDERAL CONSTITUTION PROVIDES: The PRESIDING OFFICER. The Senator from Tennessee asks Congress shall have power * * * to establish uniform laws upon the ,unanimous consent for the p1·esentconsirhe general principle that pervades the English bankrupt system is equality among creditors who have not previously and duly procured some provisions of this bill are quite the reverse, and under them legal lien upon the estate of the bankrupt; and in order to attain and pre­ LITIGATION WILL NOT, OF 1\"'ECESSITY, serve that equality the bankrupt's estate, as soon as an act of bankruptcy is committed, becomes a common fund for the payment of his debts, and he be taken to the United States courts, but will be tried in the loses the character and power of a proprietor over it. He can no longer give courts which would have had jurisdiction of the controversy as a.ny preferences among his creditors and the race of diligence between them to gain advantages is wholly interrupted; and if the bankrupt acts fairly between the bankrupt, had bankruptcy proceedings not inter­ and candidly, he will ultimately be relieved from imprisonment and even vened, and the adverse party. Let me explain how important from the obligation of his debts. this is to citizens residing at a dista.nce from where the United Judge Story, in the course of an able discussion of a bankruptcy States courts convene. I will give an illustration drawn from an law, used language as follows: imaginary case in my own State, but it will be equally applicable One of the first duties of legislation, while it provides amply for the sacred to any other State. Suppose a transaction is bad between a resi­ obligation of contracts and the remedies to enforce them, certainly is, pari dent of Louisville and a citizen of one of the counties in Ken­ passu. to relieve the unfortunate and meritorious debtor from a slavery of tucky farthest from Louisville. When the transaction is entered mind and body which cuts him off from a fair enjoyment of the common bene­ into, the resident of Louisville, of course, knows that if the fits of society a.nd robs his family of tl;te fruits of his labor and the benefits of his paternal superintendence. A natioDJ~.l government which did not possess matter should become a subject of litigation he would be re­ thiS power of legislation would be little worthy of the exalted function.s of quired to bring suit in the county where the other party to the 602 CONGRESSIONAL RECORD-SENATE. APRIL 5,

transaction resides. On the other hand, if the. citizen residing their compensation-that is, after the estate has been fully adminis­ in the remote county desires to bring suit, he must in turn go to tered-will interest them both in securing economical and prom:pt Louisville. It will be apparent to everyone that this condition administrations. These fees are more reasonable than the fees m ought not to be disturbe~ in the ev~nt of e~ther of t~e parties ~a­ any State courts of which I hav.e any knowled~e for similar serv­ coming bankrupt. The bill therefore proVIdes that if the LoUlS­ ices, and I anticipate that the most common cnticism against the ville party is compelled through adverse circumstances to take old bankruptcy law-that is, delay and extravagance-has been advantage of the benefits of the bankruptcy act, and the other carefully and fully avoided in this bill. party desires to sue his trustee, he must go to Louisville to do so. In the chapter on officers ample provision bas been made for On the other hand, if the trustee must sue the party residing at a the details of the performance of official duty, the approval of distanGe from Louisville, he will have to go to the 'County where bonds, how suits may be entered upon them, and how accounts the proposed defendant resides. If the party living at a distance shall be kept and statistics collected and reported to Congress. from Louisville should desire to bring suit in a bankruptcy court, he would be permitted to do so, or if the trustee wished to·suethe THE BANKRUPTS. other party, and the latter for any reason desired the bankruptcy A person or firm may file a voluntary petition in bankruptcy; court to try the controversy instead of his home court, he may a corporation is not permitted to do so. The filing of the petition consent thereto, in which event the bankruptcy court will have constitutes an act of bankruptcy, and the adjudication will be jurisdiction to try and determine the case. This provision is a made as of course. complete answer to the just criticism of the last law, that many Bankruptcy proceedings may be commenced by creditors, under ;people were required to go long distances to the United States ·careful resti·ictions, against a person, firm, Ol' corporation con· courts to litigate controversies with bankruptcy estates. cerning whom it is alleged that an act of bankruptcy ha::> been This bill does committed, except national banks, farmers, and wage earners. NOT Th'TER:JrERE WITH ESTABLISHED CUSTOMS There is a law now in force for the control and regulation of na­ and practice any more than is absolutely necessary. Appeals and tional banks, and it was thought. best not to interfere with that 'writs of error are like those already allowed by law, and the pro­ law. In certain contingencies the Government is responsible for ceedings are the same. Under the old law there was practically no the assets of such banks, and it is but reasonable that it should have entire contr·ol of them and of their liquidation in cases of appeals except to a single judge sitting as a circuit court. dishonesty or insolvency. A trustee may be imprisoned not to exceed five years for mal­ feasance in office. A bankrupt may be imprisoned for not to ex­ THE ACTS OF BANKRUPTCY ceed two years or fined not to exceed $2,000 for .having falsely, for the commission of which persons, fi~ms, and corporations may knowingly and fraudulently accounted for his property, or the be adjudged bankrupts after a trial are such as relate to dishonest concealme~t of the property of his estate, or having been a parti­ acts and a hopeless condition of insolvency. Those which relate ceps criminis in provi~g fa1se claims .against his estat~; or coD?-­ to dishonesty are such as constitute, under the seveTal State laws, mitting perjury; making a substantially false valuation of his grounds for attachment. Those which are predicated upon insol· property and fals~ying his sch~dule or list of credit<;>rs;. or of ob­ vency are such as show an inability or unwillingness to protect taining property m contemplation of b:mkn1ptc~, With ;ntent ~ot the estate from an unfair division among the creditors, or the to pay for it, for the purpose of pr.efernng a cre~htor bymcreasmg impossibility of paying commercial paper for considerable amounts his estate; secreting·his property m ut, on the other hand, every the ground that they have not committed acts of bankruptcy, or honest debtor should be discha.Tged, irrespective of the money if they have, still they may, if honest, secuTe settlements of their value of his estate or the assent of his creditors. affairs and proceed with their business. The status of the debtor under this bill is infinitely better than I have considered the financial interests of those who produce it is under most of the State laws. raw material, both from the fields ancl mine , and find that they THE CREDITORS. are interested in the maintenance of credit which enables them to The bill provides for meetings of the creditors, and how votes garner and harvest, dig, and market their products. They, too, shall be taken, and what majorities are required for affirmative are interested in a complete bankruptcy law; they can not be said action. It provides for the proof and allowance of claims, which in any sense or from .any standpoint to be in erested in a law is a very simple matter, consisting simply of a plain statement of purely in the interest of the d-ebtor class, because under such a the rights of the creditors verified by oath. Notice will be given law the middl-eman who handles then· product might deliberately to creditors as the successive steps in the administration are taken. prepare for and go into bankruptcy and cheat them out of the Preferences are forbidden, and when given with the knowledge of moneys due them. the creditor, the property, or its value, or the money paid, maybe I have considered the subject from the standpoint of the jobber recovered by the trustee; payment in the mdinary course of busi­ an.d manufacturer, and find that they, too, are interested both in ness by the debtor in good faith would not be construed as a pref­ maintaining and extending credit, and that the passage of this bill erence; but a -payment given in order to avoid the provisions of will give stability to their affairs and result in enlarging the vol­ the act, or to enable one of the creditors to collect a greater per­ ume of their transactions. There may be centage of his claim than another creditor of equal rights, would LARGE AND SELFISH BUSINESS ESTABLISHME~'TS be considered a prefm·ence. The provision in regard to prefer­ which do not agree with this statement; they make it a part of ences is necessary in order that the debtor may be prevented from their business to secure preferences whenever a failure occurs in . paying favored creditors in full and then securing a discharge which they are interested; they do not believe in the discharge of from the claims of other creditors of equal rights. Valid liens are honest debtors by the courts, or the application of equitable rnles to be upheld; fraudulent ones are to be set aside. between them and their fellow-creditors, and hence are opposed THE ESTATES. to the enactment of such a law as this. All moneys of estates are to be deposited in a depository desig­ In view of all the facts, it is for UR to consider whether, at the nated by the court. This provision is to prevent, so far as pos­ dictation of a few great establishments, we shall further postpone sible, loss to the estate. Trust funds are not to be mingled with making the constitutional right to a bankruptcy law available to individual property. Money will be paid out by trustees only the people or proceed upon the theory of the greatest good to the upon their draft or check. . greatest number, and pass the bill recommended by the Commit­ The expenses of administering estates must be reported in detail tee on the Judiciary. under oath, and will not be allowed by the court unless they A bankruptcy law should be on our statute books. The Torrey pTove to have been actual and necessary. bill is, in my opinion, the best measure on that subject ever pre­ In general terms, all claims against a debtor may be proved sented to Congress, an.d, fully persuaded that it will benefit .the against his estate as a bankrupt. whole people, I advocate ita ena<'ltment into a law. 604 OONGRESSIONAL RECORD-SENATE. APRIL 5,

For the convenience of the members of the Senate during this laws now m force or such as may be hereafter enacted in relation discussion, I will have printed in the RECORD to trials by jury." SEc. 5. Oaths, .Affirmations.-" a Oaths required by this act, A Summary of the Torrey Bankruptcy Bill except upon hearings in court, may be administered by (1) ref­ (S. 1035), by chapters and sections, as follows: erees; (2) officers authorized to administer oaths in proceedings before the courts of the United States, or under the laws of the BANKRUPTCY. State where the same are to be taken; and (3) diplomatic or con­ Chapters. sular officers of the United States in any foreign country. I. COURTS. Cha~rCREDITORS. '' b Any person having conscientious scruples as to taking an II. OF FICERil. V. ESTATES. 1IL BANKRUPTS. oath may, in lieu thereof, affirm. ~ Any person who shall affirm falsely shall be punished as for the making of a false oath.)) CHAPTER!. SEC. 6. Evidence.-Parties to controversies will be able to secure the testimony of all persons in the administration of estates, irre­ COURTS. spective of their residences. .Sections. Sections. SEc. 7. References of Cases after .Ad}udication.-The court may 1. Meaning of Words and Phrases. 9. Jurisdiction of Appellate Courts. cause the estate to be administered or refer it generally or spe­ ~. Jurisdiction of Courts of Bank­ 10. Appeals and Writs of Error. ruptcy. ll. Arbitration of Controversies. cially to the referee. Cases may be transferred from one referee 8. Process, Pleadings, and Adjudica- 12. Compromises. to another for the convenience of parties. tions. 13. Designation of Newspapers• SEc. 8. Ju1·isdiction of United States and State Courts.-The .(. Jury Trials. 14. Offenses. 5. Oaths, Affirmations. 15. Rules, Forms, and Orders. proposed plaintiff in a suit against a bankrupt e~tate may insti­ 6. Evidence. 16. Computation of Time. tute proceedings in the appropriate State court; or, if it has juris­ -7. ReferPnce of Cases after Adjudica­ 17. Transfer of Cases. diction, in the United Stat13s circuit court; or, if he desire, in the tion. court of bankruptcy; but the trustee is limited in the institution 8. Jurisdiction of United States and State Courts. of such suits as he may wish to bring to the court in which the bankrupt, of whose estate he is trustee, might have brought them SECTION 1. Meaning of Words and Phrases.-The use of certain if proceedings had not been instituted. These provisions are for ·words in lieu of phrases, which is made possible by this section, the purpose of having controversies litigated in the courts most adds to the clearness of the bill and makes it shorter by thousands convenient for the parties litigant and witnesses, and to prevent of words than it otherwise would be, e. g., "Courts of bank­ the concentration of litigation in the bankruptcy courts. ruptcy" shall include the district courts of the United States and . The defendant and witnesses ought not to be put to any greater of the Territories, the supreme court of the District of Columbia, trouble or expense because the plaintiff has become bankrupt than and the United States court of the Indian Territory; "persons" they would have been had he not met with that misfortune. shall include corporations, officers,'partnership! and women. SEc. 9. Juf'isdiction of Appellate Courts.7"""It has been thought SEc. 2. Ju1'isdiction of Cou1·ts of Bankruptcy.-United Stat-es best to provide for the right of appeal, and hence jurisdic.tion has district courts in the States and Territories, the supreme court in been given to the proper courts, both in vacation and during their the District of Columbia, and the United States court of the respective terms. Indian Territory are given jurisdiction at law and in equity to SEo. 10. Appeals and Writs of En·o1·.-The last bankruptcy law administer the act in term time and vacation. which was in force made proVIsion for a special form of appeal SEc. 3. Process, Pleadings, and .Adjudications.-'' a Upon the in bankruptcy cases, but in this bill it has been thought best to filing of an involuntary petition in a court of bankruptcy, service provide that appeals and writs of error in bankruptcy should be thereof, with a writ of subprena, shall be maae upon the person taken much the same. as in other cases, except that the time has 'therein named as defendant in the same manner that service of been shortened. such process is now or may hereafter be had in accordance with SEo. 11. .A1'bitrations of Controversies.-Under the provisions the laws of the United States upon the commencement of a suit of this section tedious and expensive litigation may.be superseded in equity .in the courts of the United States, except that it shall by prompt and inexpensive arbitrations. be returnable within fifteen days, unless the judge shall for cause SEc. 12. Compromises.-In the settlement of almost every estate fix a longer time. there are a greater or less number of contested claims; to litigate '' b The bankrupt, or any creditor, may appear and plead to the them would probably cost more than they would come to; it is petition within ten days after the return day, or within such fur­ therefore of the utmost importance that they should be disposed ther time as the court may allow. of by compromise as advantageously as possible to the estate, and "c Petitions shall be verified under oath. hence this provision of the bill. . '' d If the bankrupt, or any of his creditors, shall appear, within SEc. 13. Designation of NewspapeTs.-There will be in each dis­ the time limited, and controvert the facts alleged in the petition, trict one newspaper in which all official notices, decrees, and or­ or demur thereto! the judge shall determine, as soon as may be, ders required to be published will be inserted; in particular the issues presented by the pleadinq-s, with or without the interven­ instances such publications may be duplicated in an additional tion es. the filmg fee, Will depend upon the amount paid in dividends and 22. Number of Referees. 3*. Accounts and Papers of ~rustees. can not be paid until the creditors receive their dividends he will· 28. JuriSdiction of Referees. 35. Bonds of Referees and Trustees. be financially interested in h&ving the dividends as large ~nd the' 24.-. Duties of Referees. 36. Duties of Clerks. 25. Compensation of Referees. 37. Compensation of Officers. expenses as small as possible, and the dividends payable quickly. 26. Contempts before Referees. 38. Duties of the Attorney-General. SEc. 34. Accounts and Papers of Trustees.-'' a The accounts and 27. Records of Referees. 39. Statistics of Bankruptcy Pro­ papers of trustees shall be open to the inspection of officers and 28. Absence or Disability of Referees. ceedings. all parties in interest." · SEC. 18. Creation of Two Offices.-There are but two new offices SEc. 35. Bonds of Referees and Trustees.-" a The.referee before created. The officers to fill them are the referee, who is an assist­ assuming the duties of his office, and within such time' as the ant judicial officer to assist in expeditiously disposing of the busi­ court of bankruptcy which appointed him shall prescribe shall ness before the court, and the trustee, who is to have the title of qualify by entering into bond to the United States in such s~m as' the bankrupt's property and administer it. . shall be fixed, not to exceed $5,000, and with such sureties as shall SEc. 19. Appointment, Removal, and Districts of Referees.-The be approved by such court, conditioned for the faithful perform-' corresponding officers to those of referees under the la-st bank­ ance of his official duties. ; ruptcy law were appointed by the Chief Justice of the Supreme • '' b TJ;le trustee, pe~ore entering upon the performance of his ofll.. Court and confirmed by the judges of the district courts. This 01al duties, and w1thin ten days after his appointment or within division of responsibility between the Chief Justice and the judges such further time, not exceeding five days, as the court may per.. ' of the district courts did not work well, and hence the provision mit, shall qualify by entering into bond to the United States in that they shall be appointed by the courts of bankruptcy. such an amo~t. and with such. sureties as shall be approved' by: It is intended that there shall be in each county at least one the court, conditioned for the faithful performance of his official referee, and such additional number as will be necessary to expe­ duties. dite the business of administering bankruptcy estates. "c The court shall require evidence as to the actual value of the SEc. 20. Qualifications of Referees.-Under the old law un­ property of sureties. worthy relatives of judges were appointed in some districts to the "d There shall be at least two sureties upon each bond. desirable positions. It is believed that under this act favoritism '' e The actual value of the property of the sureties over and a bov~ will be avoided, and that in every instance the person best quali their liabilities and exemptions on each bond shall equal at least' tied to perform the duties will be appointed. the amount of such bond. . SEc. 21. Oaths of Office of .Referees.-The referees are assistant ''f A corporation organized for the purpose of becoming suret.f. judicial officers, and are therefore required to take the same oath upon bonds, or authorized by law to do so, may be a-ccepted as a, of office as judges. surety upon the bonds of referees and trustees whenever the court SEC. 22. Number of Referees.-Such number of referees may be is satisfied that the rights of all parties in interest will be thereby appointed as prove necessary to promptly dispose of the bank­ amply protected. ruptcy business of the courts. '' g The bond of the referee shall be fil~d in the court in which SEc. 23. Jurisdiction of Referees.-The referee may perform the he was appointed. The bond of the trilstee shall be filed in the judicial acts of the judge, except the consideration of contested court in w~ich the estate is bein~ administered. They may ~ petitions and of applications for discharges. All of his acts are sued upon m the name of the Umted States for the use of any subject to review by the judge. · person ~njured by a breach of their conditions. SEc. 24. Duties of Referees.-The referee is charged with the "h-'l}le trustee shall not be liable, personally or on his bond. to clerical duties of administering estates. . the Umted States for any penalty or forfeiture incurred by the SEC. 25. Compensation of Referees.-Referees will receive in each bankrupt of whose estate he is trustee. . case, after it has been fully administered, a fee of $10, and 1 per "i Jo~.t trustees may give joint or several bonds, as the court centum of commissions on sums paid as dividends to creditors, and mayreqmre. · one-half of 1 percentumonamountspaid to debtorswhenanestate ''j If any referee or trustee shall fail to give bond, as herein is compromised. The payment of a commission upon the net provided and within the time limited, he shall be deemed to have rather than the gross amount of the estate;- and withholding it declined his appointment, and such failure shall create a vacancy until the administration is completed, will interest these officers in his office. "k both in economical and pro~pt administrations. A suit upon a referee's bond shall not be brought subsequent SEC. 26. Conternpts before Referees.-When persons shall misbe­ to one year after the alleged breach of the bond. have in t.he presence of a referee, the facts will be certified to the "l A suit upon a trustee's bond shall not be brought subsequent judge, who will determine whether such persons shall be pun­ to one year after the estate has been closed." ished, and if so, to what extent. SEc. 36. Dutus of Clerks.-The clerk shall perform the clerical SEC. 27. Records of Referees.-The records of the officers corre­ duties incident to the administration of estates. sponding to the referee under thelastbankruptcylawwere dupli­ SEc. 37. Compensation of Offioers.-The clerk and marshal shall receive in bankruptcy cases the same fees payable to them under cated and ke~t at great expense. It is here provide<,l tpat they shall be kept m the same manner as records are now kept m equity the present laws for similar services in other cases. cases in the circuit courts of the United States. SEc. 38. Duties of Attorney-General.-The Attorney-General SEC. 28-. Referee's Absence or Disability.-"a Whenever the office shall collect statistics concerning bankruptcy cases and report of a referee is vacant or its occupant is absent or disqualified to them to Congress. . act, the judge may act, or another referee holding an appoint­ SEC. 39. Statistics of Bankruptcy Prooeedi~s.-Officers shall ment under the same court may, by order of the judge, tempo­ furnish to the Attorney-General such statistics as are within rarily fill the vacancy." their knowledge co~cerning bankruptcy cases. SEC. 29. Appointment of Trustees.-Complaintsweremade dur­ CHAPTER III. ing the time the last bankruptcy law was in force that the judicial discretion invested in the judges was abused in certain districts in BANKRUPTS. the interest of favorites who were standing candidates as assignees Sections. Sectiol\8. of bankruptcy estates. 'fo avoid the possible recurrence of such ~. Acts of Bankruptcy. •r. Extradition of Ba.nkrnpts. a complaint, it has been provided that the creditors shall recom­ il. Who may become Bankrupts. 48. Suits by and against Bankrupts. 42. Partners. 49. Compositions, when Confirmed. mend for appointment their choice for trustee, but in default ta. Exemptions of Bankrupts. 50. Compositions, when set A!;Jide. therein the court will make the appointment to avoid delays in «. ;Duties of Bankrup~. 51. Discharges, when Granted. the administration of the estate. t5. Pea.th or Insanity of Bankrupts._ 52. Discharges, when Revoked. SEC. 30. Qualifications of Trustees.-Individualsqualifi.ed to per­ i6. Protection and Detention of Bank- 53. Codebtors of Bankrupts. form the duties and corporations authorized by law may be ap­ rupts. M. Debts not Affected by a Discharge. pointed trustees in the districts in which they have their offices. SEc. 40. Acts of Bankruptcy.-" a An act of bankruptcy by a SEc. 31. Death or Removal of Trustees.-Ordinarily the death or person

\levied upon under process of law for $500 or over, or if such prop­ In a very large class of cases an individual or concern becomes ' ~;rty is to be sold within such time under such process, then until first a. debtor and then a creditor with reference to the same prop­ .three days before the time fixed for such sale; (3) made a trans- erty, which has been bought on credit and iu turn sold on credit. 1fer of any of his property with intent to defeat his creditors; (4) The largest class of debtors in the country is composed of the 1:na.O.e an a.ssignment for the benefit of his creditors or filed in railroads; the next of the banks; the next of the great corporations 1court a written statement admitting his inability to pay his debts; and firms. On the other hand, the largest class of creditors i1;1 the

1 (5) made, while insolvent, a transfer of any of his property, or country is composed of workingmen, who perform labor and wait suffered any of it to be taken or levied upon by process of law or indefinite periods for the payment of theiT wages; and the next are 'ptherwise, for the purpose of giving a preference; (6) procured or the producers of raw material, who sell their product upon time · ~uffered a judgment to be entered against himself with intent to to those who utilize it. It is very rare for a person, firm~ o1· cor­ 1defeat his creditors; (7) secreted any of his property to avoid its poration engaged in transactions of importance not to owe for .being levied upon lmdeT legal process against himself and to labor, materials, or merchandise, and on the other hand have - ~feat his creditors; (8) suffered while insolvent an execution for amounts due to them. 500 or over, or anurn ber of executions aggregating such amount, It therefore seems evident that the position of both debtors and · ainst himself to be returned no prope1·ty found, unless the creditors will be more advantageous under this act than under the tamount shown to be due by such executions shall be paid before present State laws. ft. petition is filed, or (9) suspended and not resumed for thirty SEc. 41. WhomayBecomeBan.Jcrupts.-"aAnyperson who owes ;days and until a petition is filed, while insolvent, the payment of debts, except a corporation, shall be entitled to the benefits of this hiS commercial paper for or aggregating S500 or over. act as a voluntary bankrupt. "b .A. petition may be filed against a person (firm or corpora- "b Any l)erson (firm or corporation) owing debts, if adjudged 1tion) who has committed an act of bankruptcy within four an involuntary bankrupt upon an impartial trial, shall be subject months after the commission of such act; but such time shall not to the provisions of this act ex~ept (1) a national bank; (2) a per­ 'expire until four months after (1) the date of the recording or sonengagedsolelyinfarmingorthetillageofthesoil; or (3) a wage 1 egistering of the transfer or assignment when the act consists in earne1·." aving made a transfer of any of his property with intent to de­ Every ri~ht of an honest debtor, solvent or insolvent, can be eat his creditors or for the purpose of giving a preference as more read1ly enjoyed under this bill, for both voluntary and in­ ~'hereinbefoTe provided, or an assignment for the benefit of his voluntary bankruptcy, than it could under a bill for only volun­ •creditors, if by law such recording or registering is required or tary bankruptcy. 1permitted, or, if it is not, from the date when the beneficiary takes There is ah·eady in existence a satisfactory la.w for the control [notorious, exclusive, or continuous possession of the pro:perty, and liquidation of national hanks. Since the Government is re­ unless the petitioning creditors have received actual notice of spo?sibl_e for the baJ?.k notes issued by th~se banks in the event of such transfer or assignment; or (2) the date of the return of legal therr failure, there IS good reason why 1t should have control of 'process when the act consists in having secreted any of his prop­ their liquidation. . 'erty to avoid its being levied upon under legal process against It is said that persons engaged solely in farming or the tillage of lhimself and to defeat his cn~ditoxs, as hereinbefore provided." the soil and wage earners do not wish to become subjected to in­ In general terms acts of bankruptcy by a debtor are divided into voluntary bankruptcy. The bill does not, therefore, include them ~ those which constitute dishonesty and those which show an ina­ among the persons who may become involuntary bankrupts. It is .bility or unwillingness to prevent an inequitable distribution. of not probable that objection would be made if they should ask its his property, or to meetmatuTed financial obligations within a rea­ extension to them. They may voluntarily take the benefits of the \onable time., both the latter coupled with actual insolvency. act. In P.ight of the thirteen States having involuntary insolvency The difference between voluntary and involuntary bankrupts ,laws the nonpayment of commercial paper or written admissions consists only in whether the petition was filed by the debtor or his of indebtedness is an act of insolvency for which creditors may creditors. Mter the adjudication the rights and responsibilities proceed collectively against a common debtor. of all bankrupt.s and their creditors are identical. It seems reasonable that if a debtor acts dishonestly, or if he has Debtors to the number of 186,477 have failed in the last eighteen I become insolvent and failed to meet his financial obligations, his years, owing their creditors 82,837,618,538. f ~redit.ors ought collectively to have an opportunity to secure the SEc. 42. Pa1·tners.-'' a A partnership, during the continuation payment of at least a percentage of their claims. of the partnership business, or after its dis olution and before the It would be more advantageous to the debtor to have his cred­ final settlement thereof, may be adjudged a bankrupt. litors proceed against him collectively in bankruptcy than to have "b When a partnership shall have been adjudged a bankrupt, 'them proceed againsthimindividuallyinsnits at law or in equity, each member of such partnership who is insolvent shall also be as they may now do under State laws. adjudged a bankrupt. · In a financial sense, it. is immaterial to the creditor whether the "c The creditors of the partnership shall recommend for ap­ , P.ebtor has acted dishonestly or become insolvent and defaulted in pointment the trustee of the partnership estate, and the creditors 1payments due, as the probable result to him in either case. will be of each partner shall recommend for appointment the trustee of 'the loss of a part of the amount due. the estate of such partner, all as herein provided for the recom­ Under the laws of the several States there is no adequate Tem- mendation of trustees for the estates of individuals. · 1 ~dy for a debtor whose creditors institute compulsory proceedings; "d 'rhe court of bankruptcy which has jurisdiction of one of in almost every such case the creditors dissipate a large part of the partners may have jurisdiction of all the partners and of the the estate in litigation, and while some of them are paid in full, administration of the partnership and individual property. the majo1•ity are not paid any part of the a1nount due, and the "e When one person shall have been appointed trustee of the debtor is left ·still owing the bulk of his debts, a.lthough at the partnership estate and of the individual estates he shall keep sepa­ mception of the litigation he may have been solvent. Under this rate a.ccounts of the property of the different estates. bill the distribution of the assets will be pro rata to creditors of '' f The expenses shall be paid from the partnership property 1the same class. and the individual property in such proportions as the court shall Debtors who are promoting enterprises or conducting business determine. 1would be greatly injured by the passage of a purely voluntary "g In the event of one but not all of the members of a partner­ ilaw, because their creditor , not having any protection under ship being adjudged bankrupt, the partnership property shall not ·such a law, would naturally wish to curtail or withdraw their be administered in bankruptcy, unless by consent of the partner credits. The result would be that very great numbers of this class not adjudged bankr11pt.; but such partner not adjudged bankrupt .of debtors would be compelled to suspend enterprises and go out shall settle the partnership business and account for the interest pf business, with disastrous results, and without conesponding of the pa1~tner adjudged bankru~t, a.s in a case of a voluntary dis­ benefits to anyone. Such a result would not occur under a com- solution of a partnership, and the trustee shall join such pattner 1plete and comprehensive bill. On the other hand, the credit of in conveying the property of the partnership under the direction such debtors would be strengthened and enlarged, with the result of the court. and effect of enabling them to multiply their enterprises and "h Whenever one but not all of the members of a partnership ·enlarge their business. has been adjudged bankrupt and the consent of the partner not The individual debtor and c1·editor to each transaction become adjudged bankrupt shall have been given for the administration such by their voluntary act; although the one is a debtor and the in bankruptcy of the partnership estate, the e tate shall be ad­ 9ther a creditor, still both of the relationships arise from one judged bankrupt, and the partner not bankrupt shall convey his transaction. There is, therefore. no reason why both should not interest in the partnership estate to the trustee of the partnership, be protected by a voluntru·y and involuntary law, since neither is conditioned that the surplus of the estate, if any, after the pay­ entitled to any favoritism by legislation such as a voluntary law. ment of its debts shall be divided a1nong the persons entitled The su~gestion that there are debtor and creditor classes in the thereto in accordance with their equities." ~ountry JS, after all, deceptive, since the facts are that almost SEc. 43. Exemptions of Banlcr-upts.-" a This act shall not !~fierv debtor is also a creditor, and every creditor also a debtor. affect the property of bankrupts exempted f·rom process for th& 1897. CONGRESSIONAL RECORD-SENATE. "607

-collection of debts under the State laws in force at the time of the SEC. 49. Compositions, when Confi?"med.-" a A banln·upt may filing of the petition in the State wherein they have had their offer terms of composition (after the filing of the petition and any qomicile for the six months or the greater portion thereof imme­ time before the estate is closed) to his creditors after, but not diately preceding the filing of the petition." before, he has been examined in open court or at a meeting of his SEc. 44. Duties of Bank-rupts.-" a The bankrupt shall (1) creditors and filed in court the schedule of his property and list of attend the first meeting of his creditors if notified by any of them his creditors required to be filed by banln·upts. or by the court or referee so to do, and the hearing upon his appli­ "b An application for the confirmation of a composition may cation for a discharge, if filed; (2) comply with all lawful orders be filed in the court of bankruptcy after, but not before, it has of the court; (3) examine the correctness of all proofs of claims been accepted in writing by a majority in number of all creditors flled against his estate; ( 4) execute and deliver such papers as whose claims have been allowed, which number must represent a shall be o1·dered by the court; (5) execute to his trustee transfers majority in amount of such claims, and the consideration to be of all his property in foreign countries; (6) immediately inform paid by the bankrupt to his creditors and the money necessary to his trustee of any attempt, by hls creditors or other persons, to pay all debts which have priority have been deposited as shall be evade the provisions of this act coming to hls knowledge; (7) in designated by and subject to the order of the judge. ease of any person having to his knowledge proved a false claim "c A time, with reference to the convenience of the parties in against his estate, disclose that fact immediately to his trustee; interest, shall be fixed for the hearing upon each application for (8) prepare, make oath to, and file in court within ten days, unless the confirmation of a composition and such objections as may be further time is granted, after the adjudication, if an involuntary made to its confirmation. bankrupt, and with the petition if a voluntary bankrupt, a schedule "d The judge shall confirm a composition if satisfied that (1) it of his property showing the amount and kind of property, the is for the best interests of the creditors; (2) the bankrupt has not 1ocation thereof, its money value in detail, and a list of his cred­ been guilty of any of the acts or failed to perform any of the duties · itors showing their residences if known, if unknoWn that fact to which would be a bar to his discharge; and (3) the offer and its be stated, the amoiints due each of them, the consideration there­ acceptance are in good faith and have n:)t been made or procured tor, the security held by them, if any, and a claim for such exemp­ except as herein provided or by any means, promises, or acts tions as he may be entitled to, all in triplicate, one copy of each herein forbidden. for the clerk, one for the referee, and one for the trustee; and (9) "e Upon the confirmation of a composition the judge shall when present a.t the first meeting of his creditors, and at such cause the consideration to be distributed and the case to be closed. other times as the court shall order. submit to an examination '' f Whenever a composition is not confirmed, the est.ate shall '¢once1·ning the conducting of his business, the cause of his bank­ be administered in bankruptcy as herein provided." 'ruptcy, his dealings with his creditors and other persons, the SEc. 50. Compositions, when Set Aside.-Fraudulent composi­ amount and whereabouts of his property, and, in addition, all tions may be set aside by the judge upon application made at any matters which may affect the administration and settlement of time within one year after they are granted. his estate, but no testimony gi-ven by him shall be offered in evi­ SEC. 51. Discharges, when Granted.-" a A person, not a cor­ ~ence against him in any criminal proceeding, unless for perJury poration, may; after the expiration of two months and within the m such testimony." next four months subsequent to being adjudged a bankrupt, file SEc. 45. Death or Insanity of Bankrupts.-" a The death or an application for a discharge in the court of bankruptcy in whlch insanity of a bankrupt shall not abate the proceedings, but the the proceedings are pending. If it shall be made to appear to the ~arne shall be conducted and concluded in the same manner, so judge that the bankrupt was unavoidably prevented from filing far as possible, as though he had not died or become insane." it within such time, it may be filed within, but not after, the ex­ SEc. 46. Protection and Detention of Bankrupts.-" a A bank­ piration of the next six months. rupt shall 'be exempt from apprehension upon civil process, ext~pt "b The judge shall hear the application for a discharge, and upon a warrant from a couTt of bankruptcy, (1) unless the same such pleas as may be made in opposition thereto by parties in in­ is founded upon some debt or claim from which his discharge in terest, at such time as his convenience will permit and as will bankruptcy would not be a release; and (2) when in attendance give parties in interest a reasonable opportunity to be heard, and upon such a court or at the first meeting of his creditors, or when discharge the applicant, as of the date of the adjudication, unless actually engaged in the performance of a duty enjoined by this he has (1) been convicted of having committed an offen e punish­ act or prescribed by order of court. able by fine or imprisonment as herein provided; (2) given a pref­ "b The judge may, at any time after the filing of a petition by erence as herein defined, after the passage of this act, which has or against a person, and before the expiration of four months after not been surrendered to the trustee; (3) obtained property upon ~e has been adjudged a bankrupt, upon affidavit of any party in credit, which has not been paid for or restored at the time the pe­ interest that such bankrupt is about to leave the district and that tition is filed against him, by means of a materially faLse statement his departure will delay or hinder the proceedings therein, issue in writing made by him to any perso• for the purpose of obtaining a warrant to the marshal directing him to bring such bankrupt credit! or of being communicated to the trade or to the person forthwith before the court. If upon hearing the evidence it shaH fTom whom he obtained such property on credit; ( 4) made a trans­ appear to the judge that the allegations of such affidavit are true fer of any of his property which any creditor, who has proved hls and that it is necessary, he shall order such marshal to keep such claim in the proceedings, might, at the time of the filing of the bankrupt in custody, but not imprison him, until he shall be re­ petition, have impeached as fraudulent if he had then been a judg­ leased or give bail conditioned for his appearance, from timb to ment creditor, unless such property shall have been surrendered time, as required by the court, and for his obedience to all lawful to the trustee; or (5) with fraudulent intent and in contempia­ orders." tion of bankruptcy, destroyed or neglected to keep books of account SEc. 47. Extradition of Bankrupts.-" a Whenever a warrant or records f1·om which his true financial condition might be ascer­ for the apprehension of a bankrupt shall have been issued, and he tained. shall have been found within the Jurisdiction of a court other than '' c The confirmation of a composition shall discharge the bank­ the one issuin~ the warrant, he may be extradited in the same rupt from his debts, other than those agreed to be paid by the manner in wh1ch persons under indictment are now extradited terms of the composition and those not affected by a discharge. from one district, within which a district court has jurisdiction, "d A discharge shall include debts owing as a penalty or for­ to another." feiture to the United States, a State, county, parish being a polit­ SEc. 48. Suits by and Against Bankrupts.-" a A suit which is ical corporation, district, or municipality." founded upon a claim from which a discharge would be a release, The debtor, without property, might secure a discharge under ~nd which is pending against a person at the time of the filing of a purely voluntary bankruptcy law, but the existence of such a tl petition against him, shall be stayed until after an adjudication law would bar him from obtaining credit, at least such would be or the dismissal of the petition; if such person is adjudged a bank­ the tendency of such a law; that is to say, since he might secure rupt, such action may be further stayed until one year after the a second discharge under such a law, without let or hindrance of date of such adjudication, or, if within that time such ;person ap­ his new creditor, such possibility would have a tendency to pre­ nlies for a discharge, then until the question of such discharge is vent hinl from being able to borrow money or buy goods on credit. determined. On the other hand, the existence of a law comprehensive of the "b The court may order the trustee to enter hls appearance and rights of both debtors and creditors would enable him, first, to get defend any pending suit against the bankrupt. a discharge, and, second, to obtain credit, which would, in part at " c A trustee may, with the approval of the court, be permitted least, enable him to promote enterprises and conduct business. to prosecute as trustee any suit commenced by the bankrupt prior Corporations will n{)t be discharged because, among other rea­ to the adjudication, with like force and effect as though it had sons, in many cases such discharges would operate to release sol­ b~en commenced by him; or in the name of the bankrupt, with vent stockholders from obligations arising under the provisions of like force and effect as though bankruptcy proceedings had not the laws by which such corporations were created and exist. mtervened. Discharges to individuals are justified by the same wise public . "d Suits shall not be brought by or against a trustee of a ba.nk­ policy which justifies the giving of exemptions to poor men. :rapt estate subsequent to one year after the estate has been closed." Debtors under the present laws of twenty-three of the States 608' CONGRESSIONAL RECORD-SENATE. APRIL 5,

have no right of discharge. Why should there not be a Federal "j Debts owing to the United Stat.es, a State, county, parish bankruptcy law providing for the discharge of those who are hon­ being a political corporation, district, or municipality as a penalty . est? It would benefit them; it would benefit their dependents; it or forfeiture shall not be allowed, except for the amount of the would benefit the States in which they live. pecuniary loss sustained by the act, transaction, or prpceeding SEc. 52. Discharges, wlten Revoked.-Fraudulent discharges may out of which the penalty or forfeiture arose, with reasonable and be revoked by the judge upon applications therefor filed at any actual costs occasioned thereby and such interest as may have time within one year after they were granted. accrued thereon according to law. SEC. 53. Co-debtors of Bankrupts.-Thedischargeof a bankrupt "k Claims which have been allowed may be reconsidered for will not include the discharge of his co-debtor. cause and reallowed or rejected in whole or in part, according t<) SEc. 54. Debts not Affected by a Discharge.-" a A discharge in the equities of the case, in the discretion of the court, before but bankruptcy shall release a bankrupt, not a corporation, from all not after the estate has been closed. of his provable debts, except such as (1) are due as a tax levied "l Whenever a claim shall have been reconsidered and rejected, by the United States, the State, county, parish being a political in whole or in part, upon which a dividfmd has been paid, tht} corporation, district, or municipality in which he resides; (2) are trustee may recover from the creditor the amount of the dividen

SEc. 60. Preferences.-" a A debtor shall be deemed to have ceding the filing of the petition, might realize in full upon them, given a preference if, being insolvent or in contemplation of insol­ with the result of preventing other creditors of equal rights from vency or bankruptcy, he bas, within four months before the filing securing the payment of any part of their claims. of the petition, or after the filing of the petition and before the The provision authorizing the trustee in certain cases to enforce adjudication, procured or suffered a judgment to be entered a lien for the benefit of the estate which may have been obtained against himself in favor of any person, or made a transfer of any by a creditor seems necessary in the best interest of all of the of his property with intent to (1) defeat the operation of this act ; creditors. Suppose, for example, that after a creditor had levied or (2) enable any one of his creditors to obtain a greater percent­ an attachment, the debtor should sell his interest in the prop­ age of his debt t han any other of such creditors of the same class. erty attached, subject to the lien of the attachment. In that event "b If a bankrupt shall have given a preference, and the person the dissolution of the attachment would result not in the trustee receiving it or to be benefited thereby, or his agent acting therein, obtaining the property, but in its being :swept away by the pur­ shall have had reasonable cause to believe that it was intended chaser; in this ca-se, under the provisions of the bill, the lien will thereby to give a preference, it shall be voidable by the trustee, be enforced bv the trustee for the benefit of the estate. and he may recover the property or its value from such person. Paragraph d relates to such liens as may be voluntarily given ' ' c If a creditor has been prefeiTed, and afterwards in good by the bankrupt. They must be in good faith and for a present faith gives the debtor further credit, without security of any kind, consideration. It is not intended by this section to prevent the for property which becomes a part of the debtor's estate, the debtor from creating liens in good faith and for a present consid­ amount of such new credit remaining unpaid at the time of the eration, as his necessities may require. It is only intended to pre­ adjudication in bankruptcy may be set off against the amount vent him from giving liens for past considerations to favorite which would otherwise be recoverable from him. creditors in derogation of the best intere-sts of other creditors of "d If a debtor shall, directly or indirectly, in contemplation of equal rights. the filing of a petition by or against him, pay money or transfer Those who have failed in all lines of business and enterprise for property to an attorney and counselor at law, solicitor in equity, the whole country under the imperfect and diverse State laws for or proctor in admiralty for services rendered or to be rendered in the last seventeen yeru·s have averaged per annum only a little over excess of a reasonable amount, such excess may be recovered by 1 per centum of the whole number of those so engaged. · . the trustee in the event of such debtor being adjudged a bankrupt. By this bill it is sought to secure an absolutely equitable dis­ "e Transfers of property by a partnership to members thereof, tribution of the estates of those who fail. The securing of this or vice versa, for the purpose or with the result of effecting a pref­ result will protect each creditor from large losses incident to hav­ erence, shall be void." ing the estates of his debtors entirely absorbed in the payment in The giving and receiving of preferences is forbidden by the bill; full of the claims of a few creditors of equal rights and of very it is not thought in the broadest sense and in the long run that large and useless costs. they redound to the best interest of the parties giving or receiving CHAPTER V. them. :· Many solvent but temporarily pressed men have their property ESTATES. spent and then· prospects blighted by a struggle between their Sections. Sections. creditors to secure preferences. 62. Depositories for Money. 67. Unclaimed Dividends. 63. E~penses of Administering Estates. 68. Set-offs and Counterclaims. A debtor who is temporarily embarrassed and needs the counsel 64:. Debts which may be Proved. 69. Possession of Property. and advice of his creditors can not, under existing laws, secure it, 65. Debts which have Priority. 70. Title to Property. because as soon as his financial condition is suspected or known 66. Declaration and Payment of Divi­ compulsory processes are instituted by some of his creditors, and dends. as a result he is financially ruined and rendered helpless. SEC. 62. Depositories for Mo?W1Js.-In the absence of a provision The prevention of p1·eferences will make it possible for a debtor in the bill to the contrary, trustees might not deposit the moneys and his creditors to meet and counsel together, and will beget a of bankrupt estates, or might deposit them as whim or caprice conservative tone between them which will tend to prevent fail­ might suggest, and possibly in unsafe institutions. It was there­ ures and promote equity and fair dealing. fore thought best to have the courts designate the depositories for SEc. 61. Liens.-" a A lien upon property of a bankrupt estate, the money belonging to bankrupt estates. J which for want of record or other reason would not have been SEc. 63. Expenses of Administering Estates.-The expenses ai·e valid as against the claim of a creditor of the bankrupt, shall not limited to those which are actual and necessary; they are to be be valid against the title of the trustee. reported in detail under oath, and shall be examined by the court "b Whenever a creditor is prevented from enforcing his rights before being allowed or paid. It does not seem possible that as against a lien upon property created, or attempted to be created, extravagance can be practiced under the terms of this section. by his debtor, who afterwards becomes a bankrupt, the trustee of SEC. 64. Debts which may be Ptoved.-" a Each debt of the the estate of such bankrupt shall be subrogated to and may en­ bankrupt may be proved and allowed against his estate which is force such rights of such creditor for the benefit of the estate. (1) a fixed liability, as evidenced by a judgment or an instrument "c A lien upon property created by or obtained in or pursuant in writing, absolutely owing at the time of the filing of the peti­ to any suit or proceeding at law or in equity, including an attach­ tion against him, whether then payable or not, with any interest ment upon mesne process or a judgment by confession, which was thereon which would have been recoverable at that date or with a begun against a debtor within four months before the filing of a rebate of interest upon such as were not then payable and did not petition in bankruptcy by or against such person, shall be dissolved bear interest; (2) due as costs taxable against an involuntary by the adjudication of such debtor to be a bankrupt; or if the dis­ bankrupt who was at the time of the filing of the petition against solution of such lien would militate against the best interests of him plaintiff in a cause of action whlch would pass to the trustee the estate of such person the same shall not be disSolved, but the and which the trustee declines to prosecute after notice; (3) trustee of the estate of such debtor, for the benefit of the estate, founded upon a claim for taxable costs incurred in good faith by shall be subrogated to the rights of the holder of such lien and a creditor before the filing of the petition in an action to recover a empowered to perfect and enforce the same in his name as trustee provable Q.ebt; ( 4) founded upon a contract, express or implied; (5) with like force and effect as such holder might have done had not founded upon provable debts reduced to judgments after' the filirig bankl·uptcy proceedings intervened. If any such lien shall have of the petition and before the consideration of the ·bankrupt's ap­ been realized upon, the amount received shall be paid to the trus­ plication for a discharge, less costs incurred and interest accrued tee by the officer or beneficiary, less the amount of the taxable after the tiling of the petition and up to the time of the entry of costs which may have been incurred in good faith. such judgments; and (6) founded upon damages for injuries to "d A lien upon property which was given by the debtor and the person or property of the claimant. received by the person for whose benefit it was given in good faith "b Unliquidated claims against the bankrupt may, pursuant and not in contemplation of or in fraud upon this act; and for a to application to the court, be liquidated in such manner as it present consideration, shall not be affected by this act. Other liens shall direct, and may thereafter be proved and allowed against which may have been given by a debtor, who may be adjudged his estate." • · a bankrupt in proceedings commenced within four months there­ SEc. 65. Debts which have Priority.-"a Debts owing to the after, shall be void, but the trustee shall succeed to the rights of United States, a State, county, parish being a political corpora­ every creditor against whom any lien upon· or conveyance of the tion, district, or municipality, after being proved and allowed, estate of the debtor shall be invalid, and may a-ssert such right at shall have priority only in the event and to the extent that they law or in equity." constitute a lien upon the property of the estate. The provisions of paragraph care necess-ary in order to prevent "b The debts to have priority, except as herein provided, and the inequitable distribution of the bankrupt estate. This section, to be paid in full out of pankrupt estates, and the order of pay­ it will be noted, relates only to liens created by or obtained in pro­ ment shall be (1) the actual and necessary cost of preserving the ceedings in law or in equity. Except for this paragraph, such estate subsequent to filing the petition; (2) the filing fees paid by creditors as might obtain liens, by attachments or otherwise, by creditors in involuntary cases; (3) the cost of administration, compulsory processes, within the four months· immediately pre- including the fees and mileage payable to witnesses as now or

XXX-39 610 CONGRESSIONAL RECORD-SENATE. APRIL 5,

bereaftor provided by the laws of the United States, and one reason­ estate; or (2) was purchased by or transferred to him after the ~ble att\)rney's fee, for the professional services actually rendered, filing of the petition, or within four months before such filing, with irrespective of the number of attorneys employed, to the petition­ a view to such use and with knowledge or notice that such bank­ ing creditors in involunta1·y cases, to the bankrupt in involuntary rupt was insolvent, or had committed an act of bankruptcy." cases while performing the duties herein prescribed, and to the SEc. 69. Possession of Prope-rty.-" a A judge may, upon satis­ bankrupt in voluntary cases, as the court may allow; ( 4) wages factory proof, by affidavit, that a bankrupt agamst whom an in­ due to workmen, clerks, or servants which have been earned within voluntary petition has been filed and is pending has committed an three months before the date of the commencement of proceed­ act of bankruptcy, or has neglected or is neglecting or is about t o ings, not to exceed $300 to each claimant; and (5) debts owing to so neglect his property that it has thereby deteriorated or is thereby any person which by the laws of the United States or a State are deteriorating or is about thereby to deteriorate in value, issue a entitled to priority. warrant to the marshal to seize and bold it subject to further "c In the event of the confirmation of a composition being set orders. Before such warrant is issued the petitioners applying aside or a discharge revoked, the property acquired by the bank­ therefor shall enter into a bond in such an amount as the judge rupt in addition to such as belonged to his estate at the time the shall fix, with such sureties as he shall approve, conditioned to composition was confirmed or the adjudication was made shall be indemnify such bankrupt for such damages as he shall sustain in applied to the payment in full of the claims of creditors for prop­ the event such seizure shall prove to have been wrongfully obtained. erty sold to him on credit, in good faith, while such composition Such property shall be released, if such bankrupt shall give bond or discharge was in force, and the residue of such excess, if any, in a sum which shall be fixed by the judge, with such sureties as shall be applied to the payment of the debts which were owing at be shall approve, conditioned to turn over such property, or pay the time of the adjudication." the value thereof in money to the trustee, in the event he is ad- Certain debts will have to be paid in order :to secure the admin­ judged a bankrupt pursuant to such petition." . istration of the estates; others ought, for reasons of public policy, There is no reason why a defendant in a bankruptcy suit should to be paid in full. be any differently situated as to his property than a defendant in Whenever a composition is set aside or a discharge revoked an ordinary suit. He was differently situated than other defend­ there may be two classes of creditors, that is, those whose claims ants under the old law, but will not be under this one. 9riginated hefore and those after the date of the confirmation of SEC. 70. Title to Property.-:-" a The trustee of the estate of a the composition or the granting of the discharge. bankrupt, upon his appointment a.nd qualification, and his suc­ Those creditors whose claims antedated the adjudication ought cessor or successors, if he shall have one or more, upon his or their to have the benefit of the estate as it existed prior thereto, but appointment and qualification, shall in turn be vested by opera­ they ought not to have the benefit of properl;y acquired by the tion of law with the title of the bankrupt, as of the date he was bankrupt while a composition or discharge was in force to the ex­ adjudged a bankrupt, except in so far as it is to property which clusion of or on the same basis as creditors who extended credit is exempt, to all (1) documents relating to his property; {2) inter­ in good faith to "the bankrupt on the faith of such composition or ests in patents, patent rights, copyrights, and trade-marks; (3) 'discharge. powers which he might have exercised for his own benefit, but Those creditors who sold property to the debtor on credit, on the not those which he might have exercised for some other person; faith of his composition having been confirmed or his discharge (4) property transferred by him in fraud of his creditors; (5) ·granted, ought to have the property acquired subsequent to such property which prior to the filing of the petition he could by any date, the same being in part at least that contributed by them, means have transferred or which might have been levied upon applied to the payment of their claims in full before being applied and sold nnder judicial process against him; and (6) rights of to the claims which antedated the adjudication. action, except that such as may be prosecuted only by the bank­ As a r~sult of the provisions of paragraph b, full faith and credit rupt shall not pass to the trustee; but if reduced to final judg­ will be given to compositions which have been confirmed and dis­ ment, such judgment shall, as soon as entered, or confirmed if an charges which have been granted. These provisions are equitable appeal or writ of error shall have been taken therefrom, vest in the and tend to the administration of exact justice. trustee. SEC. 66. Declaration and Payment of Dividends.-''a Dividends '' b All personal property belongillg to bankrupt estates shall be of an equal per centum shall be declared and paid on all allowed app1·aised by three disinterested appraisers; they shall be appointed claims, except such as have priority or are secured. _ by, and report to, the court. "b The first dividend shall be "declared within thirty days after "c Personal property shall, when practicable, be sold subject to the adjudication, if the money of the estate in excess o~ the amount the approval of the com·t; it shall not be sold otherwise than sub­ necessary to pay the debts which have priority and such claims as ject to the approval of the court for less than 75 per centum of its have not been but probably will be allowed equals 5 per centum or appraised value. more of such allowed claims. Dividends subsequent to the first "d All real or mixed property shall be sold subject to the ap­ shall be declared upon like terms as the first and as often as the proval of the court. amount shall equal 10 per centum or more and upon closing the "e The court may cause perishable property