Congressional Record-Senate. May 1~

4094 CONGRESSIONAL RECORD-SENATE. MAY 1~, .

sociation for the passage of H. R. 4460-to the Select Committee on Re- By ~Ir. RANDALL: Memorial of the Women's Silk Culture Asso form in the Civil Service. · ciation of the United States, relative to S. 2002-to the Committee on. Al..."<>, memorial·ofthe Women's Silk Culture Associationofthe Uni Ways and Means. ted States, relative to S. 2002-to the Committee on Ways and Means. Also, resolution relative to Indian education-to the Committee on. By l!Ir. GLASCOCK: Memorial of the Saint Helena Grape-Growers Appropriations. Association of California-to the same committee. By Mr. ROCKWELL: Remon tance of citizens of Pittsfield, against By 1.1r. GUENTHER: Petitionofcitizens ofLodi, Wis., asking that the Government taking possession of and managing the telegraph busi-· a pension be granted to John Morter,jr.-tothe Committee on Invalid ness-to the Committee on the Post-Office and Pot-Roads. Pensions. Also, petition of250 citizens of North Adams, Mass., to reduce the Also, petition of citizens of Appleton, Wis., asking that a pension be internal-revenue tax, and opposing the Uorri on tariff bill-to the Com granted to William A. Mason-to the same committee. mittee on Ways and Means. By Mr. H. H. HATCH: Petition relating to the pension claim of By l\ir. ROSECRANS: Memorial of the Women's Silk Culture Asso Sanderson P. Stacy-to the same committee. ciation of the United. States, relative to S. 2002-to the Committee on. By Mr. HERBERT: Petition of W. H. Morris and others, in favor of Labor. the passage of the Blair bill-to the Committee on Education. Also, letter of John Saulnier & Co. and other merchants of San Fran By 1\fr. HOLTON: Papers relating to the claim of Jane C. Dyer cisco, in favor of the passage of H. R. 6757-to the Committee on Ways. to the Committee on War Claims. andMeans. · By Mr. HOUK: Petition for a post-route in Scott County, Tennes By Mr. STRAIT: Resolutions of the Saint Paul (Minn.) Chamberoi see-to the Committee on the Post-Office and Post-Roads. Commerce, relating to the removal of obstructions to the free naviga By 111r. HOUSEMAN: Petition ofArthurS. Hetchings, James Bright, tion of the waters of the United States, &c.-tothe Committee on Rivers. W. D. Findlater, and many others, residents of the fifth Congressional and Harbors. district of Michigan, in favor of legislation in the interest of labor-to By Mr. C. A. SilliNER: Concurrent resolution of the General As the Committee on Labor. sembly of the State of California, relative to river and harbor improve By Mr. HOWEY: Petition from citizens of Washington, N.J., favor ments on the Pacific coast-to the same committee. ing the passage of a bankrupt law-to the Committee on the Judiciary. By Mr. WAIT: Petition of Zenas C. Robbins, for reimbursement of' By Mr. HUNT: Memorial of the New Orleans Chamber of Com expenses, &c.-to the Committee on Claims. merce, to suspend the further coinage ofsilver, &c.-to the Committee By 1\Ir. WELLBORN: Two petitions relative to tariff on earthen on Banking and Currency. ware-severally to the Committee on Ways and Means. By lli. JEFFORDS: Petition of J. L. Collins. J. Chapman, and By lli. YOUNG: Petition relating to the claim of Hugh Natt-to others, citizens of Issaquena County, and of W. H. Allen, W. A. Al the Committee on War Claims. corn, and others, of Coahoma County, .Mississippi, asking for the pas sage of the Blair school bill-severally to the Committee on Education. By Mr. KEIFER: Petition of J. D. Culp & Co., for the payment of a SENATE. judgment-to the Committee on Appropriations. By Mr. KING: Petition of J. L. Carruth, president of board of school TUESDAY, },fay 13, 1884. directors, parish of Saint Helena, and others; ofT. P. Liscombe, presi dent of board of school directors, parish of East Feliciana, and others, and Prayer by the Chaplain, Rev. E. D. HUNTLEY, D. D. of Central Trades and Labor Assembly of New Orleans, all in Louisiana, The Journal of yesterday's proceedings was read and approved. favoring the passage of the bill granting aid to education-severally to EXECUTIVE COMMUNICATIONS. the Committee on Education. The PRESIDENT pro tempore laid befure the Senate a communica By Mr. McCOID: Memorial of Post No. 79, Grand Army of theRe tion from the Secretary of War, transmitting a letter of the Quarter public, Department of Iowa, asking a pension of $8 per month to all hon master-General and accompanying estimate for repairs, &c., at Jackson. orably discharged soldiers of the late war-to the Committee on Inva Barraclm, Louisiana, with recommendation that the amount named, lid Pensions. 20,088.94, may be appropriated at the present session of Congress; By Mr. McCOMAS: Papers relating to the claim of William Read which, with the accompanying papers, was referred to the Committee ing, of Johnson Benson, of John H. Huyett, of Henry McCauley, of on Appropriations, and ordered to be printed. John H. King, of Michael Culler, of Charles W. Hoffman, execuwr, . &c.: of Abraham Shaff, of Reuben Rowzee, of Elizabeth A. Jarboe, of • PETITIONS AND MEMORIALS • Jacob D. Earey, of Mrs. Catharine Little, of Jacob Grim, of Michael Mr. MILLER, of New York, presented a memorial of citizens of~ Bartholow, and of Terrence and Joseph Byrne-severally to the Com Canajoharie, N. Y.; a memorial of citizens of Gloversville, N. Y.; a mittee on War Claims. memorial of citizens of M:cGrawville, N. Y.; a memQrial of citizens oi By Mr. McCORMICK: Petition of John McMahan, for relief-to the Berkshire, N. Y., and a memorial .of citizens of Little Falls, N.Y., Committee on Military Affairs remonstrating against the establishment of a governmental monopoly oi By Mr. MORRILL: Petition of H. D. McCarty and 90 others, ask the telegraph business; which were ordered to lie on the table. ing for the restoration of the Nez Perce Indians to their homes in 1.1r. MILLER, of New York. I present a petition which I will take Idaho-to the Committee on Indian Affairs. the liberty of reading. It is as follows: Also, petition of Oklahoma Colony Company, asking that said Terri To the honorable the Senare and HO'USe of Representatives of the United. States: tory be opened for settlement-to the Committee on the Territories. The undersjgned, merchants, ship-owners, and others interested in the com mercial prosperity of the port of New York, respectfully represent: ByMr. MURRAY: PetitionofofficersoftheArmy, urgingthe enact That the condition of the principal entrance to this port, a.s indicated by the ment of a law reorganizing the infantry arm of the service-to the frequent striking of vessels of large draught on Sandy Hook bar for many Committee on Military Affairs. months past, and lately demonstrated by careful soundings made on said bar, has become a matter of anxious concern, involving the welfare of our city, and the Also, petition of citizens of Eaton, Preble County, Ohio, against the existence of the vast interests centering here. Government telegraph bill-to the Committee on the Post-Office and The soundings lately made show that the natural action by which the channel Post-Roads. had been deepened to a. maximum of twenty-five feet at low water has been re versed, and a. shoaling has now set in by which the depth has been seriously de By Mr. NEECE: :M:emmial of the Moline Water Power Company, creased. While this process of filling the channel has been going on, the com of Moline, Ill., asking for an appropriation for the completion of the mercial necessity of the time has compelled the building of ships larger and of water-power canal at the Rock Island arsenal-to the Committee on greater draught in order to meet the demand for cheaper and quicker transporta tion, and if the port of New York can not receive them its commercial supremacy Appropriations. is seriously impaired. By lli. NICHOLLS: MemoriaJ of Sarah M. Bissell, widow of Com We therefore respectfully request that your honorable bodies will make such modore Bissell, for the passage of bill granting her a pension-to the suitable and ample provision for the deepening and improvement of the ap Committee on Pensions. proaches to this port a.s the case requires. Also, memorial of Hon. Amos F. Rahn and others, citizens of Effing This petition is signed by a verylargenumberofthemost prominent ham County, Georgia, favoring the passage of the educational bill-to shipping merchants and importers ofthecityofNewYork, and also by the Committee on Education. nearly all the marine underwriters of the same city. I move that it be By Mr. OATES: Petition of Dr. John W. Garrett. and 42 others, citi referred to the Committee on Commerce. zens of Clintonville, Coffee County, Alabama, for the passage of the The motion was agreed to. Blair educational bill-to the same committee. Mr. MILLER, of New York. In connection with this same matter By :Mr. PARKER: Petition ofF. F. WeadPost, No. 368, GrandArmy I present a preamble and resolutions adopted by the Chamber of Com~ of the Republic, for more liberal pensions-to the Select Committee on merce of the State of New York, which reads as follows: Payment of Pensions, Bounty, and Back Pay. .At the annual meeting of the Chamber of Commerce held May 1, 1884, the By Mr. PETERS: Petition of the Ministerial Association of Harvey following preamble and resolutions were unanimously adopted: Whereas the memorial to Congress of the merchants, ship-owners, and others County, Kansas, asking for the return of the Nez Perc~s from Indian interested in the commercial prosperity of the port of New York, praying for Territory to Idaho-to the Committee on Indian Affairs. the improvement of Sandy Hook Bar, ha.s been formally approved by the Leg By Mr. POLAND: Petition of Daniel Lillie Po t, Grand Army of the i latures of New York and .r "'ew Jersey, respectively: Resolved, That the Chamber of Commerce of the State of New York hereby Republic, Bethel, Vt., in regard to pensions, &c.-to the Committee on approves the said memorial, and that the standing committee on the ha1·bor and Invalid Pensions. shipp ing be authorized and empowered to adopt such measures as they may 1884. CONGRESSIONAL RECORD-SENATE. 4095 deem suitable and proper to promote the immediate passage by the Senate and He also, from the same committee, towhom was referred the petition House of Representatives of the United States of a law making provision for deepening and improving the approaches to this port. of Peter J. Reuss, late surgeon of the Seventh Regiment New York Resolvedi That a copy of the foregoing preamble and resolution, authenticated Volunteers, praying for an increase of pension, submitted an adverse· by the ea of the chamber and by the signatures of its officers, be transmitted report thereon, which was agreed to; and the committee were discharged to the President of the United States and to both Houses of Congress. from the further consideration of the petition. The resolutions are signed bythepresidentand ecretary of the Cham Mr. MAXEY, from the Committee on Military Affairs, to whom was. ber of Commerce. I move that they be referred to the Committee on referred the bill (S. 2129) to provide for the erection of necessary build Commerce. ings upon the Government reservation at \\.,.est Point, New York, re The motion was agreed to. ported it without amendment, and submitted a report thereon. Mr. D.A. WES. I present a memorial of several citizens of East Marsh Mr. INGALLS, from the Committee on Indian Affairs, to whom was. field, :Mass., remons~ting against the passage of any law that shall referred the bill (S. 1781) to provide for the sa.Ie of the Kickapoo dimin take away from existing telegraph companies what the memorial calls ished reservation, in Kansas, reported it with amendments. "the property of individuals who have embarked in legitimate enter He also, from the Committee on the District of Columbia, to whom prise to provide ample facilities for the public accommodation." I was referred the bill (S. 581) to define the routes of steam railroads in move that the memorial lie on the table. the city of Washington, and for other purposes, reported it with amend The motion was agreed to. ments. Mr. DAWES. I also present a petition of citizens of Wellington, Mr. CAMERON, of Wisconsin, from the Committee on Indian Affairs, Kans., praying that justice be done the Nez Perce Indians. As the to whom was referred the bill (S. 1530) for the relief of the estate of" Indian appropriation bill now before the Senate has a provision for that John Cook, reported it without amendment, and submitted a report purpose, I move that the petition lie on the table. thereon. The motion was agreed to. Mr. HAMPTON, from the Committee on Military Affairs, to whom Mr. HOAR. I present a memorial of a large number of business men was referred the bill (S. 2003) to correct the military record of William of Provincetown, Mass., who, I judge from their names and the state S. Smith, of Tennessee, submitted an adverse report thereon, which ment of the occupation which is annexed to each name, are the persons was agreed to; and the bill was postponed indefinitely. in that town principally using the telegraph, in which they "remon :Mr. BLAIR. By direction of the Committee on Pensions, I report the· strate against the enactment of any measure relating to the telegraph bill (H. R. 4682) granting apension to Ward B. Burnettadversely, and which shall increase the number of public officials or establish a gov I ask that it be placed on the Calendar. I also present the views of the ernmental monopoly of the telegraph business,'' stating that they '' be minority of the committee in behalf of myself favoring the passage of" lieve the interests of the people will be better conserved by leaving this the bill. I make the report by direction of the committee. branch of commercial business free to the competition of private enter- The PRESIDENT pro tempore. The bill will be placed on the Cal prise.'' I move that the memorial lie on the table. · endar with the adverse report of the majority of the committee, and the The motion was agreed to. views of the minority will be printed. Mr. HOAR. I present a memorial of .A.. P. Slade and some 20 others, Mr. BLAIR, from the Committee on Pensions, to whom was referred residents of Somerset, in the State of Massachusetts, of the same charac the bill (H. R. 3669) granting a pension to Robert :M. Flack, reported ter, which I move be laid on the table. it without amendment, and submitted a report thereon. The motion was agreed to. He also, from the same committee, to whom was referred the bill (S. Ur. SHERMAN. I present a memorial of a large number of resi 1171) for the relief of Robert U. Flack, reported adversely thereon; and dents of Marietta, Ohio, many of whom I know, and who seem to be the bill was postponed indefinitely. the leading business men of the city, similar in character to the me.. Mr. MITCHELL. I am instructed by the Committee on Pensions, morialsjustpresented by the Senator fromMassa

REPORT ON FI H A..c~ FI HEitiES. , P APEBS Wil'HDRAWN A.ll.-r> REFERRED. :Mr. HAWLEY. The Committee on Printing, to whom wa referred On motion ofl\Ir. LAP~I , it was . a concurrent resolution providing for the printing of the report of the Ordered.. 'l'ha.t the papers on file in the office of the Secretary of the Senate, in Commissioner of Fish and Fisheries for t he year 18 3, have instructed cluding the resolution of the Legislature of the State of New York recommend ing the payment to that Sta te of the amounts proposed in Senate bill No. 470, be me to report it favorably and withoutamendment. Ia kforits imme taken from the files of the Senate and referred to the Committee on Claims. . diate consideration. The resolution was considered by urumimous consent, and agreed to, MES ESGER TO SECRETARY OF THE SE....~ ATE. . as follows: Mr. ALLISON submitted the following resolution; which was re Resolved by the Senate (the HottSe of Representatives concurring), That the report ferred to the Committee to Audit and Control the Contingent Expenses • of the Commissioner of Fish aud Fisheries for the year 1883 be printed, and that of the Senate: there be printed 10,000 extra copies, of which 2,000 shall be for the use of the : Senate, 6,000 for the nse of the House of Representatives, 1,500 for the use of the Resolved, That the Secretary of the Senate be, and is hereby, authorized to Commissioner of Fish and Fisheries, and 500 for sale by the Public Printer under employ a messenger, who shall be paid, out of the m i cellaneous items of the such regulations as the .Joint Committee on Printing may prescribe, at a price conting~nt fund of the Senate, at the rate of$720 per annum. equal to the additional cost of publication and 10 per cent. thereto thereon added, MESSAGE FROM THE HOUSE. 1 the illustrations to be obtained by the Public Printer under the direction of the .Joint Committee on Public Printing. A message from the House of Representatives, by Mr. CLARK, its GENERAL ULYSSES S. GRANT. Clerk, announced that the House had passed the following bills; in which it requested the concurrence of the Senate: · Mr. LOGAN. I am directed by the Committe on Military Affairs, A bill (H. R. 3448) relating to police regulations in the District of • to wll.om was referred the bill (S. 2169) to place Ulysses S. Grant, late Columbia, and for other purposes; •General of the Army of the United Sta~, upon the retired-list of the A bill (H: R. 4652) for the relief of Saint Luke's Protestant Episcopal Army, to report it favorably and without amendment. church, in the District of Columbia; and The PRESIDENT pro tempore. The bill will be placed upon the A bill (H. R. 2858) for the relief of John Connolly. •Calendar. Mr. LOGAN. I do not see any particular objection to putting the COMMITTEE SERVICE. bill upon its passage. It seems to me that there will be no objection :Mr. SLATER. I ask the Senate tO excuse me from fru·ther service . to it under present circumstances, and I would be very glad to have it upon the Committee on Commerce. • ·acted upon at this time. The PRESIDENT pro tempore. The Senator from Oregon asks to be By unanimous consent, the Senate, as in Committee of the Whole, excused from further service upon the Committee on Commerce. Is proceeded to consider the bill. It authorizes the President ofthe United there objection? The Chair hears no objection, and the Senator is ex Stat.es, in recognition of the eminent public services of ffiysses S. Grant, cused. late General of the Army, to nominate and, by and with the advice and Mr. PENDLETON. I ask unanimous consent that the vacancymade • consent of the Senate, to appoint him a General on the retired-list of by the declination of the Senator from Oregon be filled by the Chair. the Army, with the rank and full pay of General of the Army. Th~ PRESIDENT pro tempore. The Senator from Ohio asks unani The bill was reported to the Senate without amendment, ordered to mous consent that the vacancy occasioned by the retirement of the ! be engrossed for a third reading, read the third time, and passed. Senator from Oregon from the Committee on Commerce be filled by the MEXICAN WAR PENSIOXS. Chair. Is there objection? The Chair hears none. The Chair appoints the Senator from California [Mr. FARLEY] to be a member of the Com Ml'. LOGAN. I desire to give notice that when the bill (H. R. 5667) mittee on Commerce, in place of the Senator from Oregon, excused. :· granting pensions to the soldiers and sailors of the 1\fexican war, and for other purposes, is taken up for consideration I shall offer an amend LANDING OF RALEIGH'S COLONY. ment to that bill to strike out lines 21, 22, 23, 24, and 25 of section 1, 1\Ir. VANCE. I gave notice yesterday that I should ask unanimous ! being the amendment reported by the Committee on Pensions. I also consent this morning to call up the joint resolution (S. R. 45) to pro ;. give notice that I shall move, when the bill comes up, to reinstate lines vide. for the commemoration of the landing of Sir Walter Ralei()'h 's ·2 and 3 of section 6, which have been amended by the Senate commit- colony on Roanoke Island, North Carolina, in 1584. "' tee. I give this notice to the committee so that they may look into the The PRESIDENT pro tempore. The Senator from North Carolina matter. I am very much in hope that they will agree to strike those asks unanimous consent that the Senate now take up for consideration, :propositions out of the bill. I give the notice merely for the purpose in order that he may submit some remarks thereon, the joint resolu •.Of calling the attention of the committee to these two points that I :find tion indicated by him. Is there objection? The Chair hears none, and .in the bill. it is before the Senate. Does the Senator from North Carolina desire Mr. BLAIR. What are the propositions? Please state them. to have the joint resolution read? MJ.·. LOGAN. The principal amendment is that proposed by the Mr. VANCE. Yes, sir. Senate Committee on Pensions which allows no one to have a pension The PRESIDENT pro tempore. The joint resolution will be read. . except those who are unable to make a living, that is to make them all The Chief Clerk read the joint resolution, as follows: rpaupers, and put them on the pension-list provided they are paupers. Whereas the first landing and settlement of any people of the Anglo-Saxon .I propose to strike that out if a majority of the Senate will agree with race upon the shores of the Uni~d States occurred on or about the 4th day of .July, 1584 (old style), at Roanoke Island, in the State of North Carolina, by a · m~. company of Englishmen sent out by Sir 'Valt~r Raleigh, under the command of ?tfr. WILLIAMS. I give notice to theSenatethaton this day week, Captains Phillip .A.mada.s and Arthur Barlow; and ,next Tuesday, I shall move to take up the bill to pension the soldiers Whereas it is meet and proper that this remarkable event in the history of our • race upon this continent should be fitly commemorated, and honor done to the .. of the Uexican war, and I hope the friends of that measure will all be names of those whose enterprise and courage achieved it: Therefore, ~ on hand on that day. Resolved, &c., That a joint select committee to consist of three Senators and Mr. VOORHEES. What day does t.he Senator name? five Representatives, to be selected by the presiding officer of the two bodie , respectively, is hereby appointed to prepare a design and arrange for the erec :Mr. WILLIAMS. Next Tuesdey, this day week. tion of a suitable monument or column at or near the spot where Raleigh's first 1\Ir. VOORHEES. At what hour? expedition landed, on Roanoke Island, and to secure sufficient ground therefor, M1·. WILLIAMS. At 2 o'clock. and to cause to be placed on said monument such inscriptions as will properly commemorate the event ahd honor those who planned and executed it. BILLS INTRODUCED. SEc. 2. That for this purpose the sum of $30,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not other 1\Ir. BLAIR introduced a bill (S. 2204) for the relief of Nancy B. wise appropriated, to be expended under the direction of the Secretarr of the .Leach; which was read twice by its title, and referred to the Committee Interior; and the corner-stone of said monument or column shall be latd on the , on Pensions. 4th day of .July, 1884, in the presence of the said joint committee, the governors of Virginia, North Carolina., and South Carolina {the States which constitute the .Mr. PLUMB (by request) introduced a bill (S. 2205) for the relief ''Virginia" of the first settlers), and such officers of the Executive Department<' • of 1\f.rs. Rebecca Adams, widow of John L. Adams, deceased; which was as the President may see proper to designate. .read twice by its title, and referred to the Committee on Indian Affairs. SEC. 3. That on the reque t of the Secretary of the Interior any officer of the Army or Navy may be detailed for superintending or directing the work of .He also introduced a bill (S. 2206) providing for the sale of saline erecting said monument; but not more than $2,000 of the sum herein appropri lands; which was read twice by its title, and referred to the Committee ated may be used in defraying the a{)tual expenses of the persons herein desig • on Public Lands. nated to witness the ceremonies of laying the corner-stone of said monument. Mr. MILLER, of New York, introduced a bill (S. 2207) correcting Mr. VANCE. 1\Ir. President, the 4th day of July, 15 4, was the .the pension of Second Lieut. G. W. Graham, Company A, One hun- midst of an age of the most remarkable activity whicl5. Europe has • dred and forty-fourth Regiment, New York Volunteers; which was known since the revival of learning. Every element of it society was read twice hy its title, and referred to the Committee on Pensions. aroused. The germs of modern civilization were prouting and takinrr 1\Ir. LAPHAM introduced a joint resolution (S. R. 86) to furnish root in all soils. Says the historian Green: "" . copies of certain military records to the State of New York; which The sphere of human interest was widened, as it lu•d ne">er been widened was read twice by its title, and referred to the Committee on' Military before or since, by the revelation of a. new hea-ven and a new earth . It wa only in the later years of the sixteenth oentury that the discoverie of Copernicus .Affairs. were brough~ home to the intelligence of the world by Kepler and Galileo. or ?t!r. MAXEY introduced a joint resolution (S. R. 87) providing for tha~ the da.rmg of the buccaneers broke through the veil which the greed of . an engraving of the statue of Chief-Justice Marshall, to accompany Spa m ~d drawn across the N~w.World of Columbus. Hardly inferior to t he e ~e-v e la.tton as a S?urce of poet1c unpulse was the udden and p ictur ·que way the report of the proceedings on the unveiling of said stat ue; which m w h tch t he var1ou races of the w orld w ere brouglit face to f:tce with one ·wa read twice by its title, and referred to t.he Committee on Printing. another th rough the universal pa sio n for foreign travel. ''\bile the red tribes 1884. CONGRESSIONAL R.EOORD-SENATE. 4097

of the West we1·e described by Amerigo Vespucci, and the strange civilization days to "refresh themselves with weet water and fresh victuall, of l\Iexico and Peru disclo ed by Cortez and Pizarro, the voyages of the Portu guese threw open the older spleudors of the East. and the story of India and they continued their voyage toward our coast, as the narration runs: Chin..'\ was told for the first time to Christendom by Maffei and Mendoza. The second of J"uly, we found shole water, wher we smelt so sweet and so strong a smel, as if we had bene in the mid t ofsome delicate garden abounding The invention of printing had extended learning beyond the confines with all kinde of odoriferous flowers, by which we were assured that the land of the cloister, and the Reformation had greatly stimulated the spirit of could not be farre distant; and keeping good watch and bearing but slacke saile, the fourth of the same moneth we arriv d upon the coast, which we supposed to inquiry and mental unrest. In addition to these causes of intellectual be a continent and firme lande, and we say led along the same a hundred and motion the discovery of America had opened a field of ad venture to the twentie English miles before we could finde any entrance or river issuing into spirit of enterprise such as it had not seen sin'ce the westward migra the sea. The first that appeared to us, we entred, though not without some dif ficultie, and cast anker about three harquebuz- hot within the haven's mouth, tion of the Aryan tribes. Stories of inexhaustible wealth to be found on. the left hand of the same: after thankes given to God for our safe arrival in the mines and forests of the New World fired alike the cupidity and th1ther, we manned ou1· boats, and went to view the land next adioinyng and the ambition of the nations. "to take possession of the same, in the right of the Queenes most excellentnkjes tie, as rightfull queene, and princess of the same, and after, delivered the same The fleets of all were upon the seas. Spain, then in the zenith of her o'\'er to your use, according to her :1\Iaiestiesgrant and letters-patents, under her power, took precedence of all Europe upon the land and the water. Her highne e great seale. Which being performed according to the ceremonies expeditions traversed the new continents from shore to shore, po essing used in such enterprises, we viewed the land about us, being, whereas we first and fortifying, while her great war-ships convoyed her richly freighted landed, very san die and low towards the waters side, but so full of grapes as the I ' very beating and surge of the sea overflowed them, of which we found such plen galleons through every sea. Her sovereigns, in the plenitude of their tie, as wei I there as in all places else, both on the sand and on the greene soil on pride, styled themselves dominators of three worlds. , About that very the hils, as in the plaines, a well on every little shrubbe, as also climing to wardes the tops of high cedars, that I think in all the world the like abundance time the heroic Henry of Navarre-assumed the crown of France, and is not to be found; and myselfe having seene those parts of Europe that most by. a series of splendid victories was making good his title to the abound, find such difference as were incredible to be written. throne. ~e passed from th~ Seaside to the toppes of those hilles next adioyning, bemg but of meane h1gth, and from thence wee behelde the Sea on both sides to England was striving with incredible activity in all directions of hu the Korth, and to the South, finding no en de any of both wayes. This lande lays man endeavor, and under the control of her greatest sovereign wa fast stretching it selfe to the West, which after wee found to bee but an island of ~uming a lea~g place in Europe, unde~ whose shadow the new relig twentiemiles long, and not above ixe mile broade. Under the banke or hill Ion was to find Its surest foothold and resting-place. Her small butad whereon we stoode, we behelde the valleyes replenished with goodly Cedar trees, and havin~ discharged our harquebuz- hot, such a flocke of Cranes (the mirably built and skillfully handled hips, in traversing the seas and most part white) arose under us. with such a cry redoubled by many ecchoes as -doubling the ~pes of the world under her great admirals, the Howards, if an armie of men had showted all together. This Island had many goodly woodes full of Deere, Conies, Hares and Fowle, Drakes, Hawkinses, the Gilberts, and the Grenvilles, had disciplined even in the middest of Summer in incredible abundance. The woodes are not the fleets and the seamen, who by their own steady courage, aided by the such as you finde in Bohemia, Muscovia, or Hercynia, barren and fruitles, but the tempests of God, were to crush the Armada and save their country from highest an~ reddest Cedars of the world, farre bettering the Cedars of the AcorE.•s, of the Indies, or Lybanus, Pynes, Cypres, Sa aphra , the Lentisk, or the tree foreign conquest. that beareth the Masticke, the tree that beareth the vine of blacke Sinamon of Nor was this turmoil all legal warfare. Piracy in the name of pa which Master Winter brought from the streights of Magellan, and many other triotism roamed the oceans, and coast-lying cities were stormed acked of excellent smell andqualitie. We remained beside this Island two whole dayes before we saw any people of the Country; the third day we espied one small boate .and burned in the name of God by those who could find them 'sleeping rowing towardes us having in it three persons; this boat-e came to the Island, .or unprepared. foure ~arquebuz-shot from our shippes, and there two of the people remaining, In better ~ays, too, were the .activities of that age employed, and the thrrd came along the shoreside toward us, and wee being then all within well for us 1t was so. In the m1dst of all these fierce strivings this boord, he walked up and done upon the point of the land next unto us : then th~ Ma!!t_e~ and the Pilot of the Admirall, Simon Ferdinando, and the Cap _passionate intermingling of good and evil, there also came forth ~any tame Ph1hp Amadas, my selfe, and others rowed to the land, who e commino pure and precious things, evenas sereneandperfectcrystals are evolved this fellow attended, never making any shewe of feare or doubt. "' 1\Jld after he had spoken of many things not understood by us, we brought from the vilest compounds by the alchemy of nature. Simultrmeously him with his owne.good liking, abo?rd the ships, and. gave him a shirt; a hat with the opening of the slave-trade, which for threehundredyears has and some other things, and made him tast-e of our w1ne, and our meat which .cursed America, the spirit of English liberty in the House of Commons he liked very wel: apd after having viewed both barkes, he departed, an'd went t-o his owne boat againe, which hee had left in a little cove or creek adioyning: made its first decided stand against the despotic Tudors and won. Bacon as soone as hee was two bow shoot into the water, he fell to fishing, and in le s took time amid the general confusion to perfect the rn'ductive system of tha~ halfe an hour':, he had la~en his boate a deepe, a it could swim, with philosophy, which was to become the new birth ofscience. Shakespeare which he came agame to the pomt of the lande, and there he divided his fish into two parts, pointing one part to the ship and theoth9r to the pinnesse: which -was then upon the earth. after he had (as m.uch as he might) requited the former benefites receiYed, de: The Faerie Queene came forth from the brain of Spenser, and Ben parted out of our s1ght. ..Jonson, Beaumont and Fletcher with joy drew overflowing vessels from This was 'the beginning of our national history. These few sentences the we~ls of so~ g. , , Sir Philip Sid~e~, the scholar, poet, and soldier, of whom It was srod, He walked' ffild illcense and flowers from hi'3 cradle contain the genesis of the mightiest revelation of modern times. The to his grave," was then delighting with his genius half the courts of goodly reports taken back by this expedition excited the imagination of all England. ::l'tluch encouraged, Raleigh procured an act of Parlia Europ~. ~mid ~hem all, ~~ _fell~w with all, Sir Walter Raleigh, the enthus1astic soldier and pohticmn, ill the pauses of his career dreamed of ment·confirming his title to the country which he bad discovered and the founding of peaceffll homes and the building of busy cities in the which he had named Virginia, and immediately fitted oat another ex .shadowy forests and by the rivers of the yet unknown and undiscovered pedition to take permanent po ession. This expedition consisted of Virginia-truly the noblest dream of them all. three vessels, tmder the command of his illustrious kinsman, Sir Rich ard Grenville, and a h1mdr.ed and eight persons, under the governor _ . ncorrnpted ~y the bigotry and unstained by the vices of his time, ship of Ralph Lane. his lofty and chiv~lro~ soul. was ~ed with generous conceptions of the true glory which ffilght be attarned by the establishment of new How this colony on Roanoke aft.er many truggles became disheart commonwealths. A soldier, admiral accomplished scholar historian ened and returned home with Sir Francis Drake' fleet; bow the supply poet, statesman, and Christian gentleman, he was the EnO'fuh Bayard'· ship which was sent by Raleigh to the help of Lane reaclled Roanoke and there is not a generous man or woman of our race ~ho does not just after the colony had left; how still another colony arrived under -contemplate his character with admiration and his brave and melan the convoy of Grenville and was left at Roanoke under the governor .choly death with sorrow. ship of John White, in which company appeared for the first time women and children, and how was there born the first child of our race . This beneficent dream res~ ted in a. scheme of discovery and coloniza ·tlOn of that. unexplored portion of our North American coa t lying be on this continent, Virginia Dare; how, after many hardships, White tween Fl~mda and Newfoundland. Obtaining letterS patent from went back to England after help, and how after the ships were fitted out for that purpose they we1·e impressed for service against the great · Quee~ Elizabeth .o~ tbe_25th of Mar.ch, 1_584, and in the sixth year of Armada, and it was not until1590 that White again returned to Roar h~r r~1gn, aut!wnzrng him to ~rch for, discover, and occupy any coun noke to look for his colony, in which he had left his wife and dan

1- XV-257 4098 CONGRESSIONAL RECORD-SEN \.TE. !lAY 13, upon the waters which his hips explored· more than :five millions of Senator from South Carolina [:Ur. liAMPTo~] has appealed to the u-_ people, chiefly descended from the British Isles, dwell there in happi ator from ~Iaine to withdraw his motion in order that the bill for the. ness and pro. perity; for, so far as restless and imperfect human nature relief of the trustees of Isaac R. Trimble be taken up for considera, will permit the promic;es of this goodly land to those newcomers have tion. Does the Senator from Maine withdraw his motion? been fully realized to their more fortunate successors. The luxuriant Ir. FRYE. The Senator from South Carolina has stated that there. flora, the fruitful vines, and the sweet-scented stately forests still be will be no discussion whatever, only a vote. deck the land, save where they have given place to :fields and home Mr. CONGER. I can not quite see by what authority that state- steads, and in all of them, on mountains and plains and streams and ment is made. eas which he neYer saw, his name is honored and he isclaimedastheir :Mr. HAMPTO~. The Senator from Maine is mistaken in saying founder. The '' City of Raleigh'' which he chartered for his capital, that I said there would be no discussion. · on surf-beaten Roanoke, is perpetuated as the beauteous capital of the Mr. FRY E. It was my statement that I would yield if there was State of North Carolina, and many towns and counties bear his name no discussion. el ewhere among us. Mr. CONGER. If I remember right, that matter was und~r discus"t And now, 1.1r. President, I am here to-day to ask this small appro sion and I was left with remarks unfinished. priation, in order to do honor to this remarkable event and this most The PRESIDENT pro tempore. Does the Senator from Maine with.,. illustrious man. I refuse to consider it as something to be done for draw his motion? North Carolina alone-though I believe no similar request hns ever be Mr. FRYE. Under the circumstances I can not. fore been made on her behalf-for there are three States most nearly Mr. CO:NGER. I shall wish to be heard further on that bilL interested therein, and the widening circle embraces the whole Ia.nd. Mr. HAMPTON. I ask consent then that the Trimble bill retail\ It so happens, however, that the locality to be commemorated is in its place on the Calendar until my return, without prejudice. :Xorth Carolina. In her name, always so modest in self-assertion, yet The PRESIDENT pro tempore. The question i on the motion of the. ever so faithful to duty, I ask of Senators the adoption of this resolu Senator from Maine, pending which the Senator from South Caro~ tion. An English historian has well said that no spot in Britain can asks unanimous consent that the Trimble bill retain its place on the. be so sacred to Englishmen as that which first felt the tread of Engli h Calendar und~r Rule VIII until.the return of the Senator from South feet. lla\e we not all a similar reverence for the spot which felt the Carolina. Is there o~jection? The Chair hears none. · primal footsteps of our American glory? The Senator from Maine moves that the Senate proceed to the con The PRESIDI~G OFFICER {Mr. Wn.soN in the chair). What ac sideration of the shipping bill. tion does the enator desire to take with regard to the joint resolution? The motion was agreed to. Mr. VANCE. The resolution is before the Senate, and I ask a vote. The PRESIDINP OFFICER. The joint resolution is before the .AMERICAN SHIPPING. Senate as in Committee of the Whole. The enatc proceeded to consider the bill (H. R. 2228) to remove. Mr. INGALL . I should like to hear it read at length. certain burdens on the American merchant marine and encourao-e0 the. The PRE !DING OFFICER. The joint resolution will be read. American foreign carrying trade, and for other purpo es. The Secretary read the joint resolution. The PRESIDENT pro tempore. The pending question is, Shall the lli. INGALLS. Has this resolution been referred to any committee? decision of the Chair overruling the point of order made by the Senator The PRESIDlliG OFFICER. It has not been referred to a com- from Tennessee [:M:r. HARRIS] stand as the judgment of the Senate on mittee. It was read twice and laid on the table, and has been called the appeal of the Senator from Kentucky [l!Ir. BECK]? , up thi morning. Mr. BECK. ~Ir. President, if I may be allowed, I wish to withdraw Mr. INGALLS. I think that in pursuance of the rule in all slfcb the appeal although the yeas and nays have been ordered upon it. I ca es, without exception so far as I know, the resolution ought to be suppose it can be done by unanimous consent. But I desire to st.ate the referred to the Joint Committee on the Library, so that we may have reason why I do withdraw theappeal. It isbecausetheSenatehasde orne report and some information on which to base our action. I have clared by agreeing to the Journal of Thursday last that the motion as_ no doubt the object is entirely worthy and meritorious, but I am un presented was not for a conference on the disagreeing votes between the willing to establish the precedent of voting large sums of money for the two Houses a I thought it wa and as I thought the Senator from Maine commemoration either of men or of events without the report of a com made it; and that being the case, I do not care to prosecute the appeal mittee on the subject. I suggest to the Senator from North Carolin:1 any further. tha.t be ask the reference of this joint resolution to the Committee on The PRESIDENT pro tempore. The Chair did not understand the Library. whether the Senator from Kentucky made any suggestion. :Mr. VANCE. I suppose under the rule I shall be compelled to do 1\fr. BECK. I aid I would withdraw the appeal, the record having o if there is any objection made to the immediate adoption of the reso been read and appro\ed. I think on examination that there is no mat lution. ter to be conferred about, as the record stands. I think the conference The PRESIDING OFFICER. Is there objection to the present con can not confer on the disagreeing votes of the two Houses when there sideration of the resolution? is in fact no disagreement. · Mr. INGALLS. I move that the joint resolution be referred to the The PRESIDENT pro tempore. The Senator from Kentucky asks Committee on the Library. leave to withdraw his appeal from the decision of the Chair. Before The PRESIDING OFFICER. The Senator from Kansas moves that putting the question the Chair will state to the Senator from Kentucl..-y the joint resolution be referred to the Committee on the Library. The in reference to the remarks made the other evening in relation to the question is on that motion. precedent of 1879 that the Chair has the RECORD here which shows The motion was agreed to. that the point did not pass sub silentio, but it was discu ed, and the decision of the Chair that the motion for a conference wa in order wa ORDER OF BUSINESS. acquiesced in. The Senator from Kentucky now asks leave to withdraw Mr. FRYE. I move that the Senate proceed to the consideration of his appeal. Is there objection? The Chair bears no objection and the unfinished business. the appeal is withdrawn. The question is on agreeing to the motion of· The PRESIDENT pro tempore. The Senator from Maine moves that the Senator from Maine. the Senate now proceed to the consideration of the un:finished business 1!-Ir. B.!.YARD. The question now is upon concurring in the motion of yesterday, being the shipping bill. of the honorable Senator from Maine that a committee of conference Mr. HAiriPTON. Before that vote is taken I should like to call up be appointed, by the Chair I suppose, in respect of the bill in relation Order of Business 296. It will be remembered t.hat we ha{! it under to shipping, and tlie amendments which have been made thereto by discu ion, and just as we were about coming to a vote the morning hour the Senate. It seems to me that whether it be strictly in order to move expired and subsequent to that for several days special orders inter for a conference the very instant that one House has amended a propo vened. I shall be away to-morrow unavoidably, and I should be very sition of the other House, and before the amendment bas been sub glad to ba\e a Yote on the bill. I do not propo e to discuss it, and I mitted for the purpose of concurrence or rejection to the other, will lead think nobody else will; I hope not at any rate. With the consent of to this result, one that I think is to be deprecated, a practice of legis the Senator from :Maine I should be glad to have that taken up. lation through committees of conferenceratherthan through thedeliber The PRESIDENT pro tempore. Does the Senator from 1\faine with ations of the respective bodies. draw his motion? Mr. President, these two Houses of Congress are well termed a de Mr. FRYE. If it is only for a vote; but if there is to be any dis liberative a embly, and the weight of their action and the wi dom of cu ion, then I should not feel like doing it. their action depends upon the character of the deliberation which hall Mr. HAMPTON. If there is discussion, I shall no press it. I sim precede the adoption of measures. Therefore any system which haJl ply ask that it, may keep its place on the Calendar. substitute discussions in committees ofconference, which are necessarily The PRESIDENT pro. tempore. Does the Senator from Maine with confidential and conversational between a very limited body of con draw his motion? ferees, usually three representing each House-any system that shall sub l1r. CONG~R. I was not able to hear what the proposition was. stitute the consultations and the conversations of six men for the delib The PRESIDENT pro tempore. The Senator from Maine [Mr. FRYE] erations ofthe two Houses at large is not in my judgment a thino-0 that has moved that the 'enate proceed to the consideration of the un:fin is to be desired. i bed busine~ of yesterday, beingtheshipping bill, pending which the The Chair, in response to an.inquiryfrommeastowhethertbcrehad 1884. CONGRESSIONAL RECORD- SENATE. 4099 lbeen. in the practioo ·of this body a precedent for asking a committee of of Congress had expressed their agreement, and in many ways assum .conference in advance of the submission of amendments which might ing to do that which had never met the deliberate assent of either give rise to various-expressions of opinion between the two Houses, read branch of Congress. a precedent whieh. seems to me scarcely to meet the present ca..~. The I am favorable to the passage of this bill, which passed the Senate· case read from the Chair was the case of an appropriation bill pas_ed, as with very little opposition; and I do not see here any reason for the exis customary, ill the very last hours of a session, and with but a limited traordinary demand, for such it is, for a committee of conference in ad- time prior to our :final adjournment. Appropriation bills are not bills vance of the submission of the amendments of the Senate to the Hous~ of general legislation; they are simply for providing amounts of money of Representatives: I hope therefore that the motion, if not withdrawn1 to execute existing laws; and the differences of opinion between the two will not be consented to by the Senate. Houses resolve them elves actually in such cases into a mere question :M:r. SHERMAN. 1\ir. President, I am certainly very desirous to of the assessment of amounts. Therefore when we had before us, as in have this bill passed; nor have I seen any indication in either House the case read from the desk, an appropriation bill and a session ap of any serious opposition to the bill, although there may be differences proaching midnight of Saturday, it was obviously, in the absence of any of opinion as to some of its details. I should be >ery glad to vote for abjection or disciJ.SSion, a very reasonable fu.eilitation of the public busi this motion of the Senator from l\Iaiue to expedite the bill and give it ness to have the committee of conference pass over with the bill itself, an advantage in the other House; but according to my understanding in order that at a time when the session was to be measured by hours of the laws of intercourse between the two Houses we can not give it there should be no delay whatever in considering differences of opinion that aid. If we did in that way give this bill an advantage, it would merely as to amounts, not as to the principle of the subject-matter or be setting a dangerous precedent which would come back hereafter to as to any general law. trouble us many times. No such reason exists in the present ca e. There is ample time for The Constitution gives to each House the power to make its own rules discussion. The bill is important and affects important principles as to govern its own proceedings. There are at this time, I believe, no well as important amounts. It is not worth while to describe what joint rules between the two Houses, though they usually exist ; but for they are; the discussion is fresh in the mind of the Senate. Now, I some reason or other lately they are not in force, not having been agreed would submit to the honorable Senator from 1\!aine that this bill, to between the two Houses at this Congre s. So the intercourse be with its amendments adopted by the Senate, had better go through the tween the two Houses rests simply upon the parliamentary law; and if regular, orderly, delibernte forms of legislation as to the variant opin any question should arise as to the intercourse between the two Houses ions of the two Houses. we would naturally go to Jefferson s Manual as the highest authority The formal language used in the appointment of this committee to settle the question. would show the necessity of a disagree111ent of votes between the two That being the case, I do not see how any advantage is derived to this Houses before the committee of conference was called into operation. bill by the passage of this motion and now asking a committee of con There has been no disagreement between the two Houses. The House ference. Naturally, if this bill were so sent to the House nothing of Representatives submit ted a proposition. The Senate have assented to would be considered in the House except action upon the request made nine-tenths ofthe proposition of the House, amending as to one particular for a committee of conference. That can not be so, however. If this h.Y omitting a featuTe of the bill, and adding three or four more that bill goes back to the House with amendments which invol>eappropria never were before the House at all. What a mere perversion of terms, tions of money, especially in such large sums as are proposed by this fberefore, it is to speak of disagreeing votes where there has been no bill, and properly proposed, it must necessarily go to the Committee of opportunity for the expression of disagreement? the Whole on the state of the Union in the House. The House can not, I .say, then, that desiring to see this legislation become effectual and without a surrender of all its power and a transfer of its power to a not desiring to see the powers of legislation merged in a single com committee of conference, take up the bill and agree to the conference mittee, or transferred to committees of conference until the disagree until it has acted upon our amendments in Committee of the Whole ment and the exa

4100 CONGR.ESSIONAL RECORD-SENATE. MAY 13,

I do not wish to interfere with the passage of this bill. I shall con tirely willing, as the result of a conference or the result of the action tent myself with saying that I do not believe in this kind oflegislation. of tbe other House, to repeal those two sections of the statute and do I do not believe that this is a wise proposition and I shall therefore re nothing more. luctantly vote against it. I believe myself that the Senator from Maine Again, there is a fair chance to discuss the question of whether or will not aid his bill by it. His bill will go through although many not our American registry ought to be open to the admission offoreign y the House, so that there is no great opposition to it there, and having ference of opinion, for discussion. I recognize the proposition of the lbeen considered by the Senate and amended in good faith without any Senator from Alabama [Mr. MORGAN] as a pre-eminently fair and just extraneous matter put upon it. In some way or other the House ac one, provided we determine that a foreign-built ship shall be admitted ocording to its own ru1es will act on our amendments, and then a com to American registry. The House by a large yea-and-nay vote, con :mittee of conference may in the ordinary course of legislation be ap- tained in the RECORD, have determined in favor of the admitting of :pointed. · these ships to American register. I would not stand out a single mo 1\Ir. FRYE. 1\Ir. Prel:)ident, I suppose that the Senator from Ohio will ment as the result of a conference, or the result of the action of the give me tbe credit of being a friend to this bill. other House, against the proposition of the Senator from Alabama, and Mr. SHERMAN. Undoubtedly. I do not believe that any friend of this bill wou1d. Mr. FRYE. And also accord to me some reasonable familiarity with Therefore it is entirely possible by an agreement of these two House:~ ;the rules of the House, having revised them all under the inst.ruction of to remove every single burden to-day subsisting by law on our mer :the·committee myself and been a member of the Committee on Rules chant marine. And yet if the bill is sent to the other House without .for some time. a req~est for a conference, if there is one single member who is opposed N~w, Mr. President, I desire first to reply to the Senator from Dela to any provision of tbe bill it goes unde1· an iron rule to the Committee ware, who says that one precedent has been found and that that applied of the Whole on tbe state of the Union with one hundred and thirty -to an appropriation bill in the very last days of the session, where it be six bills on top of it and cannot be reaehed in nine months' time. Tbe .came necessary to resort to this unusual method. I call the Senator's bill is just as dead and I would just as lief the United States Senate to .attention to the Senate Journal for the second session of the Forty-sec day would indefinitely postpone it as to send it to the House of Repre -ond Congress, page 850, l\lay 27, 1872, where a bill for the purpose of sentatives to take its place at the foot of that Calendar. A bill at tlie revising, consolidating, and amending the statutes relating to the Post foot of the Calendar under the House ru1es can only be taken up by a ()ffice Department-not an appropriation bill-was under consideration. two-thirds vote or by unanimous consent. Thusinstea.dofacommittee It was House bill No. 1. It came from the House to the Senate. It of conference, one man, one member objecting has tbe control absolute was amended in the Senate, and having been passed by the Senate- ly of it unless two-thirds will vote on call to take it from its place and On motion of Mr. Ramsey, put it at the head. of the Calendar. So send the bill, as tbe Senator from Reso~ved, That the Senate insist upon its amendments to the said bill, and ask Ohio proposes who says he is friendly to it, to the House, and your bill -a conference with the House of Representatives thereon. Ordered, That the conferees on the part of the Senate be appointed by the Vice- is dead. President; and Mr. SHERMAN. I ask the Senator whether he thinks it is right for The Vice-President appointed Mr. Ramsey, Mr. Hamlin, and 1\Ir. Casserly. the Senate of the United States to attempt by our action to change the Ordered, That the Secretary notify the House of Representatives thereof. rules of the House of Representatives? If there are troubles in regard to Not an appropriation bill, not at the close of the session, but a bill their rules, is not that a question which they themselves must deter consolidating the Post-Office laws, and under consideration May 27, 1872. mine and settle? And how, I ask him further, can this motion made I call the Senator's attention to another precedent, June 7, 1872, the here change the rules of the House? That is the point I want to get at. Senate having under consideration an appropriation bill termed the ltlr. FRYE. If it was in the power of the United States Senate to sundry civil bill. The Senate passed the bill, after having made cer change the rules of the House of Representatives by a trick I wou1-d not tain amendments, and- resort to the parliamentary trick to·do it. And here again I reply to .on motion by Mr. Cole, . the Senator from Delaware there is no power in the United States Sen Resolved, That the Senate insist on its amendments to the said bill, and ask a conference with the House of Representatives thereon. ate to take this bill away from the Committee of the Whole House. Ordered, That the conferees on the part of the Senate be appointed by the Vice- There is no power in a request for a committee of conference, there is President; and no power by any parliamentary trick, by any skill of the most experi The Vice-President appointed Mr. Cole, Mr. EDMUNDS, and l\Ir. Stevenson. enced parliamentarian in the Senate, to take this bill away from the J\1:r. BAYARD. How long before the adjournment was this motion? Committee of the Whole House. There is no power by which you can J\Ir. FRYE. This last one? I do not know. deprive them of the right to consider every section of the bill in that Mr. BECK. I believe only one day before. committee. There is no power by which you can prevent them from :Mr. FRYE. I do not know how long before, but the one that I read agreeing to as llll1IlY amendments as they please, refusing to agree to as -about the other bill was long before the adjournment. As to the other many as they please, and there is no attempt on my part to do that, precedent cited by the Presiding Officer, on which discussion arose, the and I should stultify myself in the attempt to do it, because it is an question of time was not an element in that discussion at aJl, and such absurdity on its face. Senators as ANTHONY, of Rhode Island, and Blaine, of Maine, cer There is an iron rule of the House of Representatives which says tainly two as good parliamentarians as there are in this country, both that any bill containing an appropriation directly or indirectly or any argued in favor of the proposition and it wa-s adopted. Senator Thm amendment made by the Senate to any House bill containing an appro man raised the question, but did not argue against it. He simply raised priation directly or indirectly shall firsb be considered in a Committee the question that it did not seem to bim to be the usual parliamentary of the Whole House on the state of the Union; and, sir, the United .course, or something of that kind. States Senate has not power enough to prevent that. So the Senator Mr. BAYARD. That it was premature. from Ohio has fears that are utterly groundless. This bill goes to the Mr. FRYE. That it was premature, or something of that kind. I Speaker's table, and there goes with it a request for a conference. It stated the other day that I knew of a great number of precedents in is idle to suppose that the House will not agree to a committee of con .another place. ference asked by the Senate. They will do that; it never has been re Now. ?tlr. President, here is a very important bill, as important as fused Within my memory, and it will not be refused now, and with .anybeforethisCongress. It is theresultofoverfouryearsofhard work; that request of the Senate it is taken from the Speaker's table, on mo itis the result of a special committee spending some six months; it is the tion; it is read, and a point of order is made that it contains an appro ii'esult of at least three or four regular standing committees of the Sen priation. It goes to the Committee of the Whole at once under the ate and the House. It removes every burden existing by law that I rules of the House, and then the House proceeds to consider it, concurs know of from the merchap.t marine. These committees have searched or refuses to concur, and when the House in Committee of the Whole t he statutes during all th1s time to find why it was that our merchant has completed its action, then the result, if there is any disagreement, marin3 was crippled, and they have found every one of the statutes goes to that committee of conference which bas been agreed upon; but ltbis bill repeals to be crippling that service, and without justice and your committee of conference-and I deal frankly with the Senator without cause. In my judgment there is no difference of opinion as from Kentucky and with other Senators-your committee of conference to every section of the bill in either House, except the question of ad agreed to by the House, as tbe majority has a right to agree to it, car mitting foreign-built ships to American registry, and perhaps a question ries tbe privilege into a Committee of the Whole House, and that priv .as to the nineteenth and twentieth se~tions, and as to them simply as ilege is that a majority may move and take up from the Calendar at to the one-dollar clause and the authorization of a contmct to carry tbe the foot of one hundred and thirty-six other bills that House bill mail. amended by the Senate and proceed to its consideration. Mr. President, I never have heard a Senator, I never have heard a Mr. President, that is all there is in this; it is all there is in thf member of the other House say that those two sections of the existing proposition. You take a.n. appropriation bill in the House, it goe.."' to law which provide for the seizure of ships and the carrying of the mails the Commhtee of tbe Wl;lole under the rules. You take a bill raising .on them perforce ought not to be repealed. No Senator said so here on revenue, it goes to the Committee of the Whole precisely as that goes tbe floor. The whole question has been on the rest of the provisions to the Committee of the Whole, and either bill takes its place in its -contained in those two sections. Now, in my judgment there is no turn. But there is another rule of the House which extenote "yea." schools in Alaska, .,.25,000. The roll-call was concluded. Mr. PLUMB. I wish to call the attention of the Senator having Mr. COCKRELL (after having voted in the negative). I >oted in charge of the bill to the fact that the Alaska bill containing an appro advertently. I am paired with the distipguished Senator from Vermont priation of 25,000 for schools has passed the House, and I ask whether [Mr. MORRILL], who is compelled to be absent to-day for the first time there should not be sometliing which would prevent a duplication of in twenty-nine years' service in the Congress of the UnitedStates. He this sum? Twenty-five thousand dollars seems to meet the judgment. would vote '' yea'' and I should vote ''nay '' if he were present. of the Seriate in regard to the amount to be used for the coming fiscal Ur. CAMERON, of Wisconsin. TheSenatorfrom Connecticut [Mr. year. PLATT] is paired with the Senator from Louisiana [Mr. Jo~As]. lli. DAWES. When did the bill pass the other House? Ur. SEWELL. I am paired on this question with my colleague Mr. PLU IB. This morning; I have just received notice of it. I [Mr. l'IIcPHERSON]. If he were here, I should vote" yea." think we should not duplicate that appropriation. In that measure Mr. VAN WYCK. On thi question I am paired with the Senator there is the same special direction given about the expenditure of the ft·om Virginia [Mr. MAHONE]. I understand that he would favor this money which was made the subject of consideration in the Senate, and proposition. I should vote '' nay '' if he were here. I think that it ought to prevail, and not this proposilion. Mr. KENNA. :My colleague [l'IIr. CAMDEN] is paired with the Sen Mr. DAWES. When the Alaska bill was before the Senate I urged ator from T evada [:M.r. JONES J. The Senator from Nevada would vote that the $25,000 appropriated in that bill should be at least $40,000. ''yea ' and my colleague would vote 'nay'' if present. I was met by the statement that the 25,000 appropriated then would .Mr. CONGER. I am paired with the Senator from Louisiana [Mr. be supplemented probably by the same amount in this appropriation. GIB o~], >nth the understanding that I should vote on the shipping bill, making the amount to be appropriated under both bills 50,000. I bill if I chose. I >ote ''yea.'' think that the amount adopted by the Senate in the pending amendment Mr. FAIR. I am paired with the Senator from Rhode Island [Mr. iAan amount which can be fairly and economically, and therefore wisely, ANTHONY]. expended in Alaska. I hope that the amendment as adopted yester ~ir. FARLEY. On this question I am paired with my colleague day will not be changed, notwithstanding that the Alaska bill has passed [Mr. MILLEn, ofCalilornia], who is necessarily ab ent to-day andre the other House. quested me to pair with him. l\Ir. CONGER. I can not h~ the Senator from Massachusetts. MT. GEORGE. On this bill and all questions I am paired with the Mr. DAWES. I am happy to be informed that the Alaska bill has • enator from New Hampshire [Ur. PIKE]. passed the House of Representatives, which contains an appropriation 1.1r. Icl\fiLLAJ.~. My colleague l~Ir. SAB~] is paired \\<-ith the of $25;ooo for educational purpo es in Alaska. The Senator from Kan Senn,tor from Delaware [l\ir. SAULSBuRY]. 1y colleague would vote sas now appeals to the friends of this amendment to modifY it in view "yea ' and the Senator from Delaware would vote "nay." of that fact. I was speaking to that proposition of the Senator. In my The resuJt wru announced-yeas 2 , nay 17, as follows: opinion it should not be modified on that account. It should rather be YEAS-28. retained and the effort to do something for the education of those In Aldrich, Dolph, Hill 1liller of N.Y., dians should be made with earnestness and with effectiveness. If I sup Allison, Edmunds, Hoa'r, 31itchell, posed that a dollar of the appropriation would fail of accomplishing all Brown, !o. es a the appropriation in this bill. tically no upervision over the expenditure. To dump $50,000 out there I do not care about the amounts, but I have a conviction which is this year, the first time the expenditure is beoiYUil for this purpose, is abiding and which is based upon experience, as I think, sn.tisfactory to going to result in a misappropriation of money. my mind, and which is not controlled by any sentimental considera If that is the method to be adopted in regard to these matters, then tion, that this money is being misspent largely. I do not speak of this as a matter of course so far as I am concerned I propose to contend at for the purpose of reflecting upon any individual. As the Senator from every step against every item in the bill. I do ~ot reg:ud !t as_at all Massachusetts [l\Ir. HOAR] said himself yesterday, taking the words fair to tho e who have so far made some concessiOns on this pomt as out of my mouth, for I was about to utter them, this whole system again t a very decided judgment as to the wisdom of the money to be began in the idea of holding Indian children as hostages. It was the expended. foundation of the pre ent Indian school system to get children away The PRESIDENT pro tempm·e. The Chair thinks that the amend from their tribe into a school in order to keep them as bonds for the ment proposed by the Senator from Kansas is not in order in this place good beha-vior of their parents and other members of the tribe. until the pending amendlheut is disposed of. It is in a different part 1\Ir. HOAR. l\Iy friend from Kansas I suppose did not understand of the paragraph. It will be in order when the pending amendment me as saying that. of the committee is disposed of. The question is on agreeing to the Mr. PL MB. No, I did not understand you as putting it so broadly amendment of the Committee on Appropriations as amended. as that. 1\Ir. COXGER. The amendment of the Senator from Kansas is not Mr. HOA.I?.. I said, if the Senator will pardon me, that the expend in order? iture would be well warranted as an economical expenditure in the The PRESIDENT pro tempore. It is not yet in order, as it comes in saving of Indian wars by the mere fact of the possession of these ho t at another place. When the pending question is disposed of, it will ages for the good conduct of the tribe ; but I did not say that was the then be in order to move the amendment. reason for it, or that it began in that way, or that that ever had been a Mr. CONGER. There is nothing in the remarks of the Senator from motive of anybody who voted for the expenditure. Kansas to affect the merits of the pending proposition. The Senate 1t1r. PLUMB. That was the beginning of the present system. It bill providing a civil go-vernment for Alaska makes an appropriation was " cheaper to feed than to fight" was the· way it formulated itself, of $25 000 by which the Commissioner of Education shall make need and it has been carried on in that way. Education for practical pur ful and proper provision for the education of the children of school age poses ha been subordinated to that idea. We have got beyond that. in the Territory of Alaska without reference to race. The object of However useful that might have been in its time, it is no longer nece - that bill was to enable schools to be established for all classes of chil saryto consider that asin the situation at all. We are now to consider dren, miners' children, citizens' children, soldiers' children, if any were this question with reference to the uses to be made of education by the there, anybody living there, with no contribution, with no power to Indians and the results to be acquired. As I said before, no results raise any money forscboolpurposesevenamongthewhitestbere. That practically have yet been reached. I am aware that we have entered is a distinct provision under a different department and for a different to some extent upon a new field. I am not criticising wholly the purpo e. I hope the amendment as amended will be adopted. present administration of things, because I do not know that some Mr. D WES. I do not wish to ask the Senate to appropriate an un better results will not come, but I do know that o long as Congress i reasonable sum. I want the Senator from Kansas to understand th!lt tolerant with the vices of the present system and so long as it is con I am not here because the House of Representatives may have acted tent to empty money into the laps of the people who are now to spend upon another measure since we were here yesterday to ask to bold the it, without attaching conditions, or without making it understood that Senate to $1 more than it is wise to expend. If the Senate does not greater results are to be required than have heretofore been had, we believe that it is wise to undertake education in Alaska to the extent shall go on in the present incompetent way without achieving anything of $50,000 ($25,000 for general school purposes, the erection of school as the result of the money that we have spent. houses, and the lil;::e, under the bill establishing a government for Alaska, What I have said refers largely to the entire management of the and 25,000 under this bill), I do not want the Senate to vote it. It Indian system. There are items of appropriation in this bill that have is my judgment tba.t it can be wisely expended. been repeated, without the -variation of a comma even, for twenty years, The Senator from Kansas seems to think that I am desirous of taking and I do not know but there are items that have been there for thirt-y advantage in some way of those who are not willing to vote so much years. The system has become indurated. The system of adminis money for education. I could not do it if I was desirous of doing it. tration in connection with it is vicious. Two years ago, when I first I do not want a dollar appropriated for educational purposes in this bill bad to do with the framing of amendments to the Indian appropriation that does not carry with it the judgment of the Senate. This departure bill as it came from the House of Representatives, the Senator from from old methods can be successful only as it is earnestly and sincerely Massachusetts [lHr. DAWES] ancl myself found, as we thought, some , sustained, and no spasmodic effort will be of the slightest service what errors that bad been perpetuated from time to time, not only in language ever. If I differ with the Senator from Kansas in my convictions as to but in substance, and we sought to amend th~m in order to unifY the how much may be done in this new policy in reference to these people, administration of the Department, changing words in order to make my convictions are as earne t ana ve the appropriation at 15,000 or at $10,000, I shall be howe•er you may call it., results simply in &'tying that whatever they perfectly content. -do costs five or six times as much a-s it does for anybody else to da it. Mr. H.A. WLEY. Mr. Pre.Bident, when I moved to make the appro It is like Mr. Greeley's cabbages that he boasted of as being worth priation 62.3, 000 instead of $10,000, I knew nothing about discussions ·twenty-five cents in market, but which he reluctantly confessed cost in committee, or agreements in committee, or anything of that kind; him two dolla.rs and a half to raise. So with everything that these nor are they usually brought in here to influence our votes. I know Indians do, it is more expensive. It is expensive supervision, expen what the courtesies of the Senate are in that matter, and I am very sive living, expensive schooling, and all of that carried on not with sorry to find any little feeling between the Senator from Massachusetts t he expectation-( or certainly not with an expectation that is justified and the Senator from Kansas. But of course we are acting entirely by the results) of putting these people in a condition to take care of upon our own discretion here, upon our judgment of what is best. I tbemselves. The more we do of this, the greater is the necessity for had heard more or less-- us to continue. If this is to go on in this way unchecked, every year :Mr. PLUMB. If the Senator will excuse me, I do not understand enlarging the appropriations without increasing the responsibility or that anybody has said that the Senator from l\1assachusetts has vio without changing the system, so far as I am concerned I propose to lated any understanding with the committee. I am simply relieving make all the opposition I can to it at every stage; and altogether I myself from any responsibility in regard to the bill, as I claim that I know the viciousness of it will appear more fully year by year. am. All I want to do is to justify myself. I am now justified, as I If this amendment shall be adopted, making the sum ~25,000, I pro said, in going back and attacking every item in the bill in regard to }>ose to add the proviso I suggested, so as to let it be understood w hetber the subject; that is all. I do not care to justify the Senator from l\1as we are to do that which it has been confessed we can not wisely do, sachusettsor to attack him. He can take care of himself. I am simply taking advantage of an accident merely in regard to the passage of an saying that so far as I am now concerned I am freed from any obliga other bill to double the amount that anybody heretofore bas claimed as tion to stand by any of the items in regard to this matter in the bill. necessary. That is sentiment run mad. It is a violation, I think, of all Mr. D.A. WES. Does the Senator understand the arrangement of the proper rules that ought to be observed in regard to the appropriation of committee to be that each one would stand by the bill provided the money by legislation. Senate stood by it ? Ir. D.A. WES. I am not going over the argument in behalf of this Mr. PLUMB. No, sir. system. I have a little personal matter with the Senator from Kansas, .Mr. D.A. WES. Then I am not to be blamed if the Senate does not and then the Senate may dispose of it. The Senator from Kansas says stand by the committee. that all these provisions for education are the result of a compromise l\Ir. H.A. WLEY. I moved the amendment to :make the appropriation in the Committee on Appropriations, of which I was a part, and com $25,000 upon consideration. wholly independent of whatever the com plains that I have not stood by the arrangement there entered into; mittee might have discussed and thought within its own circle. I had and in consequence of what he says is a departure by me he proposes beard something about this matter. I was aware that nothing had ever to turn upon the whole bill. been done by this Government for education in .Alaska, and I thought If the Senator from Kansas can point out one single thing in this bill $25,000 wa-s a very moderate sum indeed for the beginning, as the be in which I have not fairly and honestly and to the best of my ability ginning of the system is more costly than its annual maintenance. represented the Committee on Appropriations, then I shall consent to There are school-houses to be built; there are apparatus, and books, and his undoing all that has been done. I have stood by every provision various things to be conveyed to that Territory; teachers to be trans in the bill precisely as it was reported from the committee with the ex ported, &c.; all that which is necessary to start a school. Suppose ception of the provision with reference to Alaska. It was known in $25,000 would start schools for 2, 000 pupils this year; less than $25,000 the committee that I did not agree to that amendment. It was stated of course would run them next year. I think myself that the whole distinctly in the committee that I was at liberty to take any course in 50,000 would be none too much. I will say to the Senator n·om Kansas refro:ence to that amendment which my judgment should dictate. As that it was discussed here; the question was asked whether it was pos to anything else in the bill, whatever my private judgment has been, sible for us to make it $50,000, and for a time I thought we could, until I have stood by the report of the committee. I stated as well as I knew I noticed that the recommendation of the President and Secretary of the how the reasons w by the committee had agreed to that provision in the Interior for $50,000 was the last year's recommendation; and they~ti bill, and then I stated what !supposed the committee expected !"would mated this year for but $25,000, I suppose with the idea. that they could state-that my own judgment did not agree with that of the commit get only that. I know the friends of education there believe that they tee in that respect. I made no motion to defeat the action of the com can very wisely expend the $50,000. It is not a very large sum when mittee in that mea-sure. I contented myself with the statement on the you consider a people of 25,000, with a school population of not less l"ecord of my opinion. The motion was made by some one else. I than 4,000 or 5,000. voted for it in accordance with what I stated in the comminee to be my Mr. HA~RISON. Thirty thousand is the population. own private judgment, which the committee said I was at liberty to 1\Ir. H.A. WLEY. Thirty thousand is the population, the Senator from a-ssert in the Senate Chamber. Indiana informs me. That would give a school population of 5,000 or Now, after the Senate has adopted an amendment on the motion of 6,000. That is not a large appropriation when you reflect that we have another Senato,, the Senator from Kansas asks me to co-operate with done absolutely nothing for them. We have the foundations to lay. him in undoing what the Senate has done, and because I have omitted, Besides, this clause in the appropriation bill proposes to give this sum in conformity with my own private judgment, to co-operate with him for industrial schools, and of the wisdom of that general policy I be in undoing what the Senate, not what the committee or what anybody lieve no one has a doubt. ()n my motion has done, the bill is to encounter the hostility of the Of course nobody wishes to take any such judgment, to take any spe Senatm from Kansas, and the responsibility is to be laid at my door. cial advantage of the very happy fact that the bill for the government The Senator from Kansas is not q'uite just to me in that respect. of Alaska, to the great credit of this Congress and the country, is finally Mr. PLUMB. If the Senator will state that there has been any prop passed; but I shall be very glad to hav~ this appropriation of $25,000 ()sition, until he made it himself, to make the appropriation $50,000 stand as it is. If it can not, :in the judgment of the Senate, wisely anywhere, in committee or elsewhere, then I shall admit that I am mis stand at $25,000, then I hope certainly it may not all be wiped out. In taken. If not, then I must insist that I was correct in saying that he dustrial schools should be commenced there. For myself I shall vote was going beyond the understanding. against any change in the item, and certainly against defeating it Mr. DAWES. I have made no proposition to make the appropria entirely. tion $50,000. l\Ir. HARRISON. l\1r. President-- Mr. PLUMB. You resist a proposition to limit it. ~Ir. INGALLS. I wish the Senator from Indiana would allow me Mr. D.A.WES. I have stated my own private judgment,, which the for a moment to make an inquiry. committee told me I was at liberty to state, in conformity with the Mr. HARRISON. Certainly. views and with the authority of the committee to do it. 1\Ir. INGALLS. This subject is not quite clear to me,· and I wish The Senator ought not to arraign me before the Senate on the charge either the Senator from Indiana or my colleague would be more ex that I have not fairly represented thecommittee. If there is any other plicit. I have an indistinct recollection generally that the bill for the member of the committee who is of opinion that I have not fairly pre government of Alaska so called contained some provision for educa sented the bill before the Senate and as well as I could :maintained its tional purposes. Was that a definite annual appropriation, to be con report, I am ready to withdraw from the further support and manage tinued from year to year? ment of the bill; but I am not to take it from the Senator from Kan..~s Mr. PLUl\IB. No; it was just an appropriation of$25,000. unless there is some ground for it. I am open to criticism. I am ready Mr. HARRISON. If the Senator will allow me I will read that sec to be criticised. I am ready to make acknowledgment whenever I de- tion of the bill. 4104 CONGRESSIONAL RECORD~S~ATE. M.A_y 13,

Mr. INGALLS. I hall he glad to be advi ed on that subject, for I The PRESIDENT pro tempore. The question is on agreeing to the did not uppose yesterday that it was intended by the vote on this amendment of the Committee on Appropriations as amended. amendment to double the appropriation already made. The amendment as amended was agreed to. Mr. HARRISON. It is section 13 of the bill providing a civil gov l\Ir. PLUl\1B. At the end of line 10 4 I move to add the following ernment for Alaska, and upon the reported passage of which I congrat proviso: ulate the country, as it has removed a very long standing reproach Prov-ided, That the sum of $25,000 shall be the total amount ID..'"Pended under ~aainst onr Government. The section reads as follows: all appropriations for the education of Indians in Alaska during the fiscal year 1 -. SEc. 13. That the ecretary of the Interior shall make needful and proper pro vision for the education of the children of school age in the Territory of Alaska, The PRE IDENT pro tempore. ·Although thi i technically an without reference t.o race, until such time as permanent provisions hall be made amendment of the text, the Chair think , as it relates in substance tO> for the ame; and the sum of 25,000, or so much thereof as may be necessary, is hereby appropriated for this purpo e. the amendment of the committee, it isinordertopropo eit now. The question is on agreeing to the amendment propo ed by the Senator :Mr. ALLISON. How is it to be expended? from Kansa [Mr. PLUl\IB]. l\fr. HARRISON. ''The Secretary of the Interior shall make pro l.fr. HAWLEY. I do not know exactly how to peak about the vision." It is put under the control of the Secretary of the Interior. action of the other House without trespassing on the rules, but we have :Ur. IKGALLS. What is the number of the bill? · from the Hone an appropriation of "40,000 now. By sending an Ur. HARRISON. It is Senate bill No. 153. I have read the sec appropriation which contains 15,000 before it was touched by the tion of the bill as it was reported to the Committee of the Whole of the committee, and by the concurrence in the passage of the bill for the other Honse. I will remind the Senate tha.t this section 13 was moved government of .Alaska, which contains a distinct 25,000, we have the by the Senator from Kansas [Mr. PLUMB] 'as a substitute for sections will of the other legislative body in regard to the gro amount of these 13 and 14 as they were reported by the Committee on Territories of the appropriations. I my elf am of the opinion that 50,000 can be wisely Senate. Those two sections in the bill as it came from the committee, expended, but I am willing, if compromise is the order of the day, to in the opinion of the Senator from Kansas, as he will recollect, eemed agree on the sum of 40,000-andhave this 25,000 made $15,000, and to provide for the inauguration of a school system. They provided for then that $15,000 with the 25,000 in the bill for the government of the detail of some teacher to act as a superintendent or supervisor of .Alaska makes a gross amount of $40,000. the schools of the Territory of .Alaska. The criticism was made by the Mr. CONGER. I would rather take '50,000. Senator from Kansas that it contemplated too much of a scheme, and Mr. HAWLEY. So would I. 1\Iy personal preference is to let the it wa upon his motion and from his hand that \his section 13 in the 50,000 remain as it is, bntiamcertainlyoppo ed to making the whole bill as it stands now was substituted for sections 13 and 14 of t.he bill now $25,000. as it came from the committee. 1\Ir. PLUMB. I do not think there is anything at all in what the I had occasion tbe other day to call attention to the debate that took Senator from Connecticut says about the action of the House. If the place at that time. Several Senators (and that was the expression, so House had been considering the Ala ka bill as an original propo ition, far a we had any) criticised the bill because the appropriation pro no doubt they would have amended it in a great many particular . -vided in it was too meager. The sum of '40,000 was suggested by sev They passed it now as a matter of urgency as it came from the enate, eral Senators, and the Committee on Territories was criticised for hav irrespective of whether the House concurred in every provi ion or not. ing mL~ndged the liberality of the Senate with reference to the duty of No debate has been had upon it of consequence. I venture to say there the Government to provide education in Alaska. Uy response at that has not been a single word uttered about that provision, and the atten timewas thatwe had reported asmnchaswesnpposed theSenatewould tion of the House has not been called to the fact directly that $15,000 in that form adopt. It was then uggested, and no one met the sug for this purpo e was contained in this bill. It imply has gone with gestion by any counter suggestion, that there would be an additional out any attention being called to it whatever, and it is not the deliber appropriation in the Indian appropriation bill when that came to be re ate judgment of the House that 40,000 should be appropriated for ported. this purpose; on the contrary the item which the House did vote upon Mr. PLUMB. I did not hear it. with intent was 15,000. Mr. HARRISON. That will appear by reference, I think, to the de The PRE !DENT pro tempore. The Chair must remind Senators bates, and certainly Senators about me will recollect that that suggestion again that the Chair thinks it is not in order to comment upon pro wa made, whether in a form to go into the RECORD or not. So it ceedings of the House of Representatives. was certainly in my contemplation, and operated upon me as a rea on 1\Ir. PLUMB. I am commenting on what the Senator from Connecti why I did not accept the buggestion and move a larger appropriation cut said about the proceedings of the House. in that bill, that an additional appropriation would be made in the bill Mr. INGALLS. It eems to me this is a rather important matter; containing the appropriations for the Indian &vice. and under the ruling of the Chair is resulting in great embarrassment. As I said the other day with reference to the boarding- chools which I understand the rule to be, and this is upon the suggestion of the Chair, the Senator from 1\fissouri [lli. VEST] and other Senators have described that it is not in order to refer to the particular votes or majorities by as the only suitable and effective way of imparting education, involv which any measure has passed the House, or to anything that was said ing as it does the separation of the children from the homes of their in the House when a measure was pending, but I respectfully dis-ent parents, it is here pro"ided that the boarding-schools which are to be from the opinion so frequently expressed by the Chair, that it is not in erected under another provision of the bill shall not exceed in cost order to refer to anything that has been done in the Ho,nse of Represent 15,000. I do not contemplate that such a large limit as that would atives. need to be reached in the construction of the boarding and industrial The PRESIDENT pro tempore. The Chair wishes to be correctly school-houses in the Territory of Ala-ska; but if in that vast Territory, understood in what he said. He has not laid down any rule o broad with its enormous stretch of seacoast and island-coast, only five were as that named by the Senator from Kansas. The Chair finds it in the built and the co t were only 5,000 apiece, it would absorb the appro parliamentary rules under which the Senate proceeds, that it is not in priation contained in the pending bill. In inaugurating a system of order for members of either House to refer to or comment upon the pro education in that vast Territory of 580,000 square miles, though of ceedings that have proceeded in the other House at the same session; course the system will extend over a very small part of the great area, but they may refer to what bas transpired in former Congre es. In as it will be chiefly if not exclusively along the coast or along the river this particular instance the enate has yet no official information that Yukon, is it too great a thing that the Government after all these years the measure which has been sent from the Senate has passed the Honse of neglect should contemplate the erection ill .Alaska of five such school of Representatives. It is only the desire of the Chair to admini ter the bon es? I do not think so. I think it would be illiberal and parsi rules in uch way as to preserve the harmony that ought to exist be monious to contemplate less than that. If our contemplations or pur tween the two Houses, and hence to enable the business to be carried po e are so limited, the appropriation which is propo ed in this bill on in a satisfactory way. It is not at all pleasant for the Chair to re would be entirely consumed in that purpo e, ancl we should have the mind Senators of these provisions in the rules between the two Houses. approp],"iation of 25,000 contained in the Alaska bill to be expended in 1\Ir. HAWLEY. I confined myself very carefully in what I said to the maintenanc~of tho e schools. stating what the House had done, suppo ing that was quite a harmless Wh~e when the motion was made to amend the pending bill so as to subject of reference. increase the appropriation to $25,000 it wa not certain, indeed it seemed The PRESIDENT pro temp01·e. The Chair in reply to that would 00 be improbable, that we hould get the benefit of the appropriation nggest that another Senator may ri e, if he has a right to do so, an<} contained in the .Alaska bill proper, yet now that we are to have that comment on the ob enations of the enator from Connecticut and pro there is no reason for reducing this appropriation. On the other hand, ceed to answer his argument by being obliged to refer to the reasons as the , enator from Connecticut [1\lr. HAWLEY] bas explained, the why the Honse did or why it did not do so and so; and the debate was motion would have been object to a point of order if it had contem- tak:ino- that turn when the Chair interrupted the Senator from Kansa . plated more than 25,000 in the pending bill. · Mr~HAWLEY. I submit neverthel that I might be right and It eem to me, therefore, in view oft he history of that Territory, the the other Senator might be wrong if he went into the details of the pro necessity of the appropriation, and the fact that it is a start, and that ceedings of the Honse. it involves expenditures which will not need to be duplicated the sec The PRESIDENT pr& tempore. That ma,y be. ond year instead of starting with a smaller appropriation there is a de Mr. PLUl\1B. I suppose I can refer to this bill which the House has mand for a larger one the first year to supply that school outfit which pa-ssed. I now refer to this bill. The House has passed this bill becan e being once supplied will not need to be repeated. · it has come here from the House, an appropriation bill. The Honse 1884. CON.GRESSIONAL RECORD-SENATE. 4105 did have under consideration a provision contained in line 1083, pro During the roll-call, viding a fund for the support and education of Indian children in in Mr. GEORGE said: :Mr. President, I did Iiot vote on the last roll-call dustrial schools in Alaska. They appropriated for that purpo e, as far because! was paired with the Senator from :New Hampshire [ Ir. PIKE]. as they could, $15,000. . That was done in face of the faet that the The PRESIDENT pro tempore. It appears from the roll-call that 43 Secretary of the Interior bad recommended $25,000. There was an Senators are pre ent-more than a quorum. The question· recurs on issue, there was a controversy, and the House decided it in favor of agreeing to the amendment of the Senator from Kansas, on which the· 15,000 as against 25,000, and I :take it that the decision in favor of yeas and nays have been ordered. 15,000 was not only against 25,000 but also against any larger sum. Mr. PLUMB. Let my amendment be read. So far as that matter is concerned, therefore, it seems to me that the The PRESIDENT pro tempore. The amendment will be again read. suggestion of the Senator from Connecticut that we should take the The Chief Clerk read the amendment proposed by ~:1r. PLUMB. two ums, because by the method I have spoken of the House has The Secretary proceeded to call the roll. passed two bills, one which becomes a law by the act of the House, and Mr. FAIR (when his name was called). I am paired with the Sen the othel'which it bas senthere; that the actionoftbeHouseinpassing ator from Rhode L~and [Mr. A...~THONY]. the appropl'iaiion bill is that which should govern in regard to what Mr. GEORGE (when his name was called). I am paired with tbe the House intended to do. I say if the action of the House is to have Senator from New Ramp hire [.Mr. PIKE]. any effect at all, it is in favor of $15,000 and not of $50,000 nor of lli. HILL (when his name was called). I am paired on this que - 40,000. tion ·with the Senator from Louisiana [Mr. Grn ON]. The PRESIDENT pro tempore. The question is on agreeing to the ~1r. JONES, of Florida (when his name was called). I am paired amendment proposed by the Senator from Kansas. with the Senator from Colorado [.Mr. BowEN], but I am advised he Mr. PLUMB. Let it be read. would vote "nay," and therefore I vote "nay." The PRESIDENT pro tempore. It will be again read. The roll-call was concluded. The SECRETARY. At the end of line 1084 it is propo ed to add: Mr. COCKRELL (after having voted in the affirmative). I am Provided, That the sum of $?...5, 000 shall be the total amount expended under paired with the Senator from Vermont [Mr. MORRILL]. I do notknow all appropriations for the education of Indians in Alaska during the fiscal year how be would vote on this question. It would give me great pleasure 1885. to vote "yea," but I withdraw my vote. Mr. IIOAR. What has become of the amendment which was pend The PRESIDENT pro tempore. The vote will be withdrawn. ing before this was moved? · The result was announced-yeas 10, nays 30; as follows: The PRESIDENT pro tempore. It was agreed to. The amendment YEA8-10. of the committee as amended increasing the sum to 25,000 and in Camden, Kenna, Pugh, Walker. serting the words '' of both sexes '' has been agreed to. The question Coke, Maxey, Slater, now is on agreeing to the proviso moved by the Senator from Kansas Ingalls, Plumb, VanWyck, tUr. PLUMB]. ~AY8-30 . .Mr. PLUMB called for the yeas and nays, and they were ordered. Allison, Dawes, Hoar, Sawyer, The Secretary proceeded to call the roll. Bayard, Dolph, Jones of Florida, Sewell, Blair, Edmunds, Logan, Vest, Mr. KENNA (when Mr. CAMDEN's name was called). My col Butler, Frye, McMillan, Voorhees, league [Mr. CA::UDEN] is paired with the Senator from Nevada [Mr. Call, Garland, Manderson, Williams, JONES]. Cameron of Wis., Gorman, 1\Iiller of N. Y., Wilson. Conger, Harrison, Mitchell, Mr. CONGER (when his name was called). Sine~ I made the an Cullom, Hawley, Palmer, nouncement on a previous vote that I was paired with the Senator ABSE..."fr-36. from Louisiana [Mr. GIBSO~] I :find that be is paired with the Senator Aldrich, Farley, Jonas, Pendleton, from Colorado [Mr. HILL]. During the absence of both that relieves Anthony, George, Jones of Nevada, Pike me, and I vote '' nay.'' Beck, Gibson, Lamar, Platt, Mr. FAIR (when his name was called). I am paired with the Sen Bowen, Groome, Lapham, Ransom, Brown, Hale, McPherson, Riddleberger, ator from Rhode Island [Mr. ANTHONY]. Cameron of Pa., Hampton, Mahone, Sabin, .Mr. FARLEY (when his name was c.:'llled). I am paired with my Cockrell, Harris, :Miller of Cal., Saulsbury, colleague [Mr. MILLER, of California] on political questions, but I am Colquitt, Hill, !\!organ, Sherman, satisfied that if here be would vote the same way I do on this amend Fair, Jack on, Morrill, Vance. ment; therefore I shall vote "yea." So the amendment was rejected. Mr. JACKSON (when the name of MT. HARRIS was called). My col 1\Ir. PLUMB. I now move to amend that item by adding: league [:Mr. HARRIS], who is necessaTily absent, is paired with the That no portion of the money herein provided for shall be expended in the Senator from Virginia [Mr. RIDDLEBERGER]. erection of school buildings. Mr. JONES, of Florida (when his name was called). I am paired We have another sum of 25,000, w hicb is presumably to be used for with the Senator from Colorado [Mr. BowEN], but I am advised that something, and I think we had better not duplicate the expenditures. if be were here he would vote "nay;'' therefore I vote "nay." all around. }'fr. PLUMB (when his name was called). I am paired with the The PRESIDENT pro tempore: The amendment of the Senator from Senator from Uissouri [Mr. VEST] on questions generally. I do not Kansas will be read. know how be would vote if pre ent. I withhold my vote. The CHIEF CLERK. It i proposed to a-dd, after line 1084: Mr. SAULSBURY (when his name was called). I am paired With Prcwided, That no portion of the money herein appropriated shall be llSed in the Senator from Minnesota [Mr. SABIN]. I do not know how be the erection of school buildings. would vote on this question. :Mr. DAWES. Before that amendment is voted on, is it in order to The roll-call having been concluded, the result was announced move a reconsideration of a previous vote? yeas 9, nays 24; as follows: The PRESIDENT pro tempore. The motion of reconsideration is a YEA8-9. privileged motion, and the Chair thinks it would be in order. Cock1·ell, Ingalls, Maxey, Slater, Mr. DAWES. I move to reconsider the vote by which the Senate Coke, Kenna, Pugh, Walker. adopted the amendment making the sum $25,000. I will state to the Farley, Senate what my purpo e is. If the motion to reconsider prevails, I NAY8-24. shall ask the Senate to concur with the House or to reject the amend Allison, Dolpb, Jackson, :Mitchell, ment proposed by the committee and leave the item to stand at $15, OOOr Blair, Edmunds, Jones of Florida, Palmer, Call, Frye, Logan, Sawyer, as in the.text of the bill. If the Senate bould reconsider and reject Cameron of 'Vis., Harrison, McMillan, Sewell, the amendment and then concur with the House in the text of the billr Conger, Hawley, Manderson, Voorhees, it would stand $15,000. I make that motion for the purpo e of get Dawes, Hoar, Millerof N.Y., Williams. ting the best bill that I think is possible under all the circumstance . .ABSENT-43. The PRESIDING OFFICER (1\Ir. HoA.R in the chair). The ena Aldrich, Fair, Jones of Nevada, Plumb, tor from 1\Iassa.cbusetts moves to· reconsider the vote by which the com Anthony, Garland, Lamar, Ransom, mittee amendment wa adopted with an amendment. Bayard, George, Lapham, Riddleberger, Beck, Gibson, McPherson, Sabin, 1\Ir. PLUM~B. Is it in order for the enator to make that motion at Bowen, Gorman, Mahone, Saulsbury, this time with another question pending? Brown, Groome, Miller of Oal., Sherman, The PRESIDING OFFICER. The Chair thinks so. The Chair Butler, Hale, Morgan, Vance, Camden, Hampton, .1\lorrill, VanWyck, thinks the motion to reconsider is a privileged motion which can be Cameron of Pa., Harris, Pendleton, Vest, called up a.t any time when other matters are not pending in regard to Colquitt, Hill, Pike, Wilson. Cullom, Jonas, Platt, ordinary mea mes. When a motion is made to reconsider a subsidiary motion on the passage of a pending measure, like an amendment, the The PRESIDENT pro tempore. There is no quorum voting. The Chair is of opinion that that is privileged over all other motions con Secretary will call the roll. nected with the bill. • The Secr~tary called the roll, and 4.3 Senators answered to their Th.Ir. IN GALL . The Chair will pardon me, howeveT, for suggesting names, that the question is not whether the motion can be called up at any 4106 CONGRESSIONAL RECORD- SENATE. MAY 13,

~.ime, but whether it can be made at a.ny time. There was another that the education provided for at the school at Arkansas City is the motion pending, and the rules very clearly define what motions may be same intended to be provided for in lines 1083 and 1084. The school made when another motion is pending. at Arkansas City, in common with a number of others, is a boarding The PRESIDING OFFICER. The Chair is of opinion that a motion school. to reconsider a vote affecting a pending bill takes precedence, from the l\1r. CONGER. Is it in Kansas? ·necessity of the case, of other motions connected with the same bill, 1\ir. PLUMB. It is not. whether a motion to make a later amendment or a motion to pass the Mr. CONGER. How near the line? "bill to a third reading or to be engrossed. 1\-Ir. PLUMB. I do not know exactly. I shall be glad to ascertain 1\ir. DAWES. The amendment proposed by the Senator from Kan for the Senator if it becomes important for his well being. sa is dependent upon tbis amendment as adopted, and therefore it is l\Ir. CONGER. I understand it is within ten miles of the line. not necessary to· determine the question on his amendment before we Mr. PLUl\IB. I think it probably is within ten miles of the line, ·can determine that. I have stated the purpose for w bich I move the it may be within six; but if the Senator means to impute to me some reconsideration so that the Senate may vote understandingly. If it is improper motive in regard to that he is welcome to that style of argu reconsidered, I shall then propose to concur with the text of the House ment. bill. :Mr. CONGER. I do not suppose the Senator is responsible for Ar :Mr. PLUMB. Ifthis is correct practice, then the Senatnr can go on kansas City being within ten miles of Kansas. and move to reconsider everything wbich has been done in this bill 1\Ir. PLUl\ffi. I was not responsiJle for the imputation contained ·pending a motion to amend the bill. I do not pretend to know very in the question of the Senator. He is responsible for that. much about the rules but it seems to me that the extent to which the l\Ir. CONGER. I will not use the phrase that I am responsible here Senator could go would be M enter his motion in order to save the and elsewhere. That is hackneyed. question of time, but that be has no right to have that motion voted Mr. PLUl\IB. No, it would not be true if the Senator stated it. -on while another propo ition is pending before the Senate and in order. This school at Arkansas City, as it is called, although it is not t bere, is The PRESIDING OFFICER. The question is on the motion tore a boarding-school. I think myself it is an extravagant price that is ·consider. named in the bill for the care of children in that school, and on my The motion was not agreed to. motion the price per scholar was changed in committee from $200 to The PRESIDING OFFICER. The question recurs on the amend $175. I have consistently said always in committee and out of com ment of the Senator from Kansas [Mr. PLUMD]. mittee that the amount of money appropriated for this purpose was ex 1\Ir. CO~GER. The very object of tbis appropriation is to b1.:1:ild travagant. I think $175is too much at Arkan8asCityoranywberee1se. school-buildings for indusb·ial schools for Indian children, boys and I believe that all thatisappropriatedover$125 is too much. Thecom ,girls to be educated together. I do not know, but the climate in that plaint I make about the entire system is that it is too extravagant. But region is said to be a paradise and may permit schools to be held with that, as I said, is a boarding-school. The only schools that we are pro out any arrangement for buildings or school-houses; and those who are viding for in Alaska need not be boarding-schools. I do not think that ·of the opinion that it will promote the education of children in Alaska it is in contemplation tbattheyshall be boarding-schools. It is intended to gather them around the points along the shore and educate them to have schools tllat children can attend who are living with their par ·without any school-houses may well vote for this proposition. Of course ents, and consequently the necessity for buildings is not the same, and ·the 1·esult of it is to 1..'ill the measure, to prevent the building of any the nece&"'ity for a large appropriation is not the same. .All t.hat I want school-houses or having any industrial schools for the Indian children is that we shall not be carrying on two systems, erecting buildings under in Alaska. I hope it will be voted down. two appropriations, appropriating for teachers and all that sort of thing, Mr. PLUMB. We have an appropriation already made of 25,000. but that we shall limit one of them in such a way at least as that the I want, if I can, to prevent the duplication of work under these two ap money shall be reasonably under control, and shall not be in this ex propriations. It is manifest that the Senate is determined to vote two penditure crossing the purpose somewhat of another expenditure made ·separate appropriations for one purpose; at all events it seems to be the under another bill. purpose of the Senator from :Micbigan; how far it may be the purpose l\.Ir. CAMERON, of Wisconsin. l\Ir. President, the Senator from -of the Senate remains to be di closed. I want a limitation on one or Kansas appears to be of the opinion that the $25,000 appropriated by the other, and tbis is the only one we have the control of now. Here the Alaska bill, so called, can be used for the pmpose of erecting school we have $25,000, all of which can be used for the erection of school houses. The Senator from Indiana or the Senator from Michigan is buildings. I do not want two separate systems of education, two sep of opinion that no part of that sum can be appropriated for the purpose -arate expenditures for school-buildings, and two separate expenditures of erecting school-houses. What is the faet in regard to that? for teachers going on. I want, as far as I can, to put this appropriation l\fr. HARRISON. If the Senator from Wisconsin will allow me, I .in a shape in which the money shall not necessarily be wasted. certainly made no such statement. I do not understand that any lim Mr. CONGER. Ithasbeen stated-theSenatorought tohaveheard itation as to the use of the money for the building of school-houses is it, but whether be did or not-that that is in the bill for the govern.: attached to either the appropriation in the Alaska bill or this one. ·ment of the Territory of Alaska; that there $25,000 is provided to be l\Ir. CAMERON, of Wisconsin. The Alaska bill, I think, is for the expended for the support of schools generally. That is to be a school support of schools. -system for an children who attend that class of schools. That is all Ir. HARRISON. I can read it again. Section 13 of the bill pro t he1·e is in that bill-that the Secretaryoftheinteriormayusesomuch viding a civil government in Ala ka provides- of that '25,000 as may be properly used for the education of school That the Secretary of the Interior shall make needful and proper provisions ·children. This ;25, 000 in this bill is for industrial schools for Indians. for the education of the children of school age in the Territory of Ala ka, with out reference to race, until snch time as permanent provisions shall be made I can not quite understand why the committee-and the Senator is a for the same. member of it-in the very next. line should have reported to the Senate . an amendment increasing a House appropriation which was $25,000 for So I take it to be within bis discretion to use any part of it for school the industrial school near Arkan.sn..s City to $26,500: houses. So under this bill I tbink it. is wholly a matter of discretion, And said sum shall be disbursed upon the basis of an allowance of $175 for the but I do not think we can expect or anticipa,te that the Secretary would· ,support and education of each scholar. use the entire appropriation in building school-houses. And a further appropriation: l\Ir. CiliERON, of Wisconsin. I entirely agree with the Senator For building for employe at said school, $5,000; pay of superintendent ofsaid in regard to that. •school, $1,500; in all, $33,000. The PRESID~G OFFICER. The question is on the am endment For one industrial school among one band of Indians at Arkansas City, of the Senator from Kansas [1\Ir. PLUMB]. -or for the Indians that might be g~thered there from several bands, The amendment was r~iected. _perhaps I should say. The Senator who has made this motion agrees The PRESIDING OFFICER. The Secretarywill proceed with the ·to that report from his committee. His committee have reported an reading of the bill. ·increase from $25,000 to $26,500 for one industrialschool. They have The reading of the bill was resumed. The next amendment of the :provided that $175 for each scholar may be expended; they have pro Committee on Appropriations was, in line 1086, after ''Arkansas City,' ·nded for buildings for employes, laborers, and teachers, $5,000, and to strike out "twenty-five thousand" and insert "twenty-six thou for a superintendent, 1,500. They repeal the old law, and make the sand five hundred;" in line 1088, after the words "allowance of," to appropriation 1'1rge enough and sub tantial enough. What is the mean strike out" two hundred" and insert" one hundred and seventy-five;" . ing of all that? Is that one single industrial school at Arkansas City in line 1092, after the word "all," to strike out "thirty-one thousand of o much more importance than such schools as can be established on five hundred'' and insert ''thirty-three thousand;'' and after the word a smaller scale at different points in Alaska tl1at a greater appropria "dollars,'' in line 1093, to insert'' and the limitation impo ed upon the tion should be madefortbis one among several indush-ialschools within appropriation for this school for the fiscal year 1884 in the act approved ·our limits than for the education of all the Indian children in indus- March 1, 1883, is hereby repealed;" so as to make the clause read: trial schools in .Alaska? For support of the industrial school near Arkansas City, $'26,500; and said sum But I think the Senate has expressed its desire to have these indus shall be disbursed upon the basis of an allowance of 175 for tlle support and education of each schola r; for building for employes at said school, $5,000; pay ·trial schools in Alaska and to have $25,000 appropriated for the five ofsuperintendent of said school, 1,500; in all, $33,000: and the limita tion im -or ten or tllelve schools that may be established there, or that may be po ed upon the appropriation for this school fo t· the ti cal y ear 1884 in the act .aided there. approYed 1\Iarch 1, 1883, is hereby repealed . .Mr. PLUUB. The Senator from l\licbigan is mi taken in supposing Tl1e amendment was agreed to. 1884. CONGRESSIONAL RECORD-SENATE. 4107

The reading of the bill was resumed. The next amendment of the 1\Ir. DOLPH. The Senator from Kansas is certainly mistaken. I ·Committee on Appropriations was, in line 1102, after the word ''exceed do not think a pupil was ever brought to Forest Grove school on horse ing,'' to strike out ''two hundred'' and insert '' one hundred and back. As I said before, they are taken from tribes in Alaska, from •seventy-five;" so as to make the clause read: tribes in Washington Territory, from tribes in Idaho, from tribes in For support of Indian industrial school at Carlisle, Pa., and for transportation Montana, and I think from what I know in regard to the tmnsporta -of children to and from said school, $75,000; and said sum shall be disbursed tion in that country that the average cost of getting them to the school upon the basis of an allowance not exceeding $175 for the support, education, and from the school is gre..'l.ter in that section than in any other part of .and transportation of each scholar actually maintained in and supported and educated at said school, but actual cost of transportation and other expenses of the country. I shall have something to say directly, before we get such children as are sent out of said school among farmers for support and edu through with this section, in regard to Forest Grove sc~ool 1 ?ut prefer cation may be disbursed from said funds; for annual allowance to Capt. R. H. to reserve my remarks until I offer an amendment whwh I mtend to Pratt, in charge of said Indian industrial school, $1,000; in all, $76,000. offer to another portion of the section. The amendment was agreed to. The PRESIDING OFFICER. The question is on the amendment :Mr. DAWES. I move to strike out, in line 1099, the words ''and for of the Senator from :Massachusetts [Mr. D.a.WES]. ·transportation of children to and from said school.'' I propose to add, The amendment was agreed to. if that is adopted, after the words" one hundred and seventy-five dol 1\Ir. DAWES. The next amendment proposed by the committee Jars," in line 1102, the words" exclusive of transportation." should not be adopted. The word ''and'' should not be stricken out, :Mr. PLUIYIB. The Senator is going to strikeoutin thewrongpla{le, but the words "and transportation" should be stricken out. he will permit me to suggest. He wants to leave those words in, be The PRESIDING OFFICER. The amendment will be agreed to as cause they applytotbeuse oftheentire$75,000. He wants to put in the suggested by the Senator, if there be no objection. The committee words ''not including transportation'' after'' allowance,'' in line 1101, move to strike out the words ''and transportation,'' in line 1115. and to strike outthe words "and transportation," in line 1103. The amendment was agreed to. Mr. DAWES. The Senator is right. I move to strike ou\; the words The next amendment of the Committee on Appropriations was, after "and transportation" in line 1103. the word "dollars," in line 1116, to strike out ''purcba.seof land and;" The PRESIDING OFFICER. If there be no objection that amend in line 1117, after the word "buildings," to insert ''to be located on ment will now be received, unless it is from the committee, in which land to be selected by the Secretary of the Interior, if a suitable loca case it is in order of course. tion and quantity of land shall be donated for the purpose;" so as to read: lHr. DAWES. It is not from the committee, but it is moved upon Erection of buildings, to be located on land to be selected by the Secretary of ·Conference with the committee. the Interior, if a. suitable location a.ad quantity of land shall be donated for the The PRESIDING OFFICER. The Chair will receive the amend purpose, $15,000. ment of the Senator from Massachusetts. The question is on the amend The amendment was agreed to. ment. Mr. DOLPH. At this point I desire to offer an amendment which '.rbe amendment was agreed to. ought to be considered before the. amendment proposed by the com :Mr. DAWES. I move to insert the word "and" in line 1103, before mittee to change the total amount of the appropriation for the Forest ''education, 'and say'' $175exclusiveoftransportation" after" allow Grove school from $46,500 to $51,500 is acted on. The first amend .ance.'' ment I offer is to strike out "fifteen" and insert "twenty-five," in The PRESIDING OFFICER. The Chair would inquire whether line 1120, so as to make the sum $25,000 for the erection of buildings, that would not better come in after the word "dollars," in line 1102. and then iftbn.t is adopted an amendment will necessarily be required Mr. DAWES. It bad better be put there. in the total amount of the appropriation in the next line, to strike out The PRESIDING OFFICER. The Chair will put the question in "fifty-one" and insert "sixty-one," so as to read" 61,500." ·that form. The PRESIDING OFFICER. The question is on the first amend The amendment was agreed to. ment of the Senator from Oregon, to strike out "fifteen" and insert The reading of the bill was resumed. The next. amendment of the "twenty-five," in line 1120, if there be no objection to entertaining it. Committee on Appropriations was, in line 1112, after the word" Ore- Mr. DOLPH. Ur. President, if the item to which this amendment . gon," to strike out "thirty" and illSert "thirty-fi,e;" after the word relates bad received the careful attention of the committee, and as the de " exceeding " in line 1113 to strike out " two hundred " and insert liberate judgment of the committee the amount of the proposed appro ''one bnnd;ed and seventy~five;" in line 1115, to strike out the word priation, $15,000, bad been inserted in this bill for the purpose men ''and '' before '' education '' and after ''education '' to insert ''and tioned, I should not at this time have ventured to propose the amend transportation;" so as to read: ment; but I understand that in the multitude of items in this bill the For support of Indian industrial school at Forest Grove, Oreg., $35,000; and attention of the committee was not called to this particular item, ana .-said sum shall be disbursed upon the basis of an allowance of not exceeding $175 the Senator who reported the bill, after the report bad been made, was for the support, education, and transportation of each scholar. under the impression that this item bad been increa ed to $25,000. I 1\Ir. DAWES. I make the same motion as in the previous clause. feel &'l>tisfied that when the facts are thoroughly understood, not on1y Mr. PLUMB. I think that will not be necessarythere. The school the committee but the Senate will be willing to increase this appropri .at Forest Grove is located very near to the Indians who are to be edu ation as proposed by this amendment; and I ask the indulgence of the ,cated there. The circumstances are entirely different from those ob Senate for a very few moments while I state the reasons why this in taining at Carlisle, which is a number of hundreds of miles away from creased appropriation is asked. the near~t Indian who can receive the benefit of the school, and I 'There are in the United States, as has been stated here, exclusive of think the amount is sufficient as it is in the bill. the Indians in Alaska, about 265,000 Indians. There are in Alaska lli. DOLPH. I think the Senator from Kansas is >ery much mis probably about 35,000 Indians; making a. total of300,000. There are taken in that assertion. I think there are stronger reasons for this in Alaska, in W asbington Territory, in Idaho Territory, in Montana .amendment in regard to the amount which may be spent per capita for Territory, and in Oregon somewhere from seventy-threetoseventy-five education and tra1.-;oportation at the Forest Grove school than at the thousand Indians, and at least one-thhd of the entire Indian population ·Carlisle school. The students at the Forest Grove school are brought is west of the Rocky Mountains. The Forest Grove Indian training from tribes in Alaska seven or eight hundred miles by ocean transpor- school is the only school of the kind west of the Rocky Mountains. It is tation; they are brought from the Territories of Montana and Idaho situated about twenty-six miles west of Portland on the Oregon Central and Washington; and the cost of travel and transportation in that Railroad and is easy of a{lOOSS from the Indian tribes in Alaska and from '-COuntry i very much greater in proportion to distance than is the cost all the Indian reservations in the Pacific N ortbwest. It is situated far in the Eastern States. I think myself that there are stronger reasons enough from the Indian reservations so that the pupils taken from the why this amendment shou1d be made of this section than existed for various tribes are completely separated from the influences and associa 'lllaking a similar amendment to the preceding section. tions of the tribes. Mr. PLUMB. We have provided verylibera1ly for Alaska, what Forest Grove is a quiet country village within which the sale of in -ever Forest Grove may ha...-e been doing. No necessity exists for further toxicating liquors has been forever prohibited by appropriate conditions provision for student::. there from Alaska. If we are going to carry in the deeds for the tOwn lots given by the original town proprietors, .children from Alaska to Forest Grove why not take them all down and it is situated in a rich farming country, amid an intelligent and there and leave out the 50,000 we have appropriated to educate them enterprising population. I have no doubt but that the selection of thi .at home. That may be a good thing to do, but at the same time it is locality for the school was a wise one, and that the Government may not the policy we have adopted. In the next pbce, in Idaho and Mon safely make as permanent provisions for that school as for any other like tana there are schools at all the agencies. The school at Fore t Grove school in the United States. was establi bed primarily for the purpose of reaching the Indians of There were in attendance at the school last year one hundred and Oregon and Washington Territory. They are not very remote, and it fi ~,;r -one pupils, taken, as I have already said, from the variou tribes was tated to me by a person who was connected with the cbool, if I in Alaska and scattered throughout the Pacific Northwest, the Terri am not mistaken, at all events in the presence of that person, that many tories which I have mentioned and the State of Oregon. I understand of these Indians came there on horseback, brought there by their own that when they were received into school a large number of them were parents, and without any co t whatever to the Government. It was not able to speak the Engli h language well enough to make them spoken of as a thing that it was good to do. This allowance here pro selves understood. The school course extends through fise years one vided is the same, I think, as it has been heretofore. I see by reference half the time being devoted to industrial education or labor, and one- to last year's bill that. the ar;nount was $200, including transportation. half being devoted to instruction in the school-room. · 4108 CONGRESSIONAL RECORD-. SENATE. MAY 13,.

So far from these pupils being paid for their labor as was suggested tion is askedare notaloneaschoolbuilding, butaschool-house, a board by the Senator from Kansas [Mr. PLUMB], they receive no compenSa ing-house, in which the pupils are to be lodged and fed, carpenter-shops, tion whatever for their labor, and the last year, and probably ever since blacksmith-shops, wagon-shops, shoe-shops, and farm buildings upon. the school was instituted, the girls have made the clothing for all the the land to be donated by the citizen$ of Forest Grove, suitable for the pupils in the school. They do all the washing, ironing, and mending, instruction of the pupils in agricultural and mechanical pursuits. And assist in the cooking, and do the housework generally. The boys have it is because I believe this proposed appropriation tO be entirely inade made all the shoes worn bythe pupils; they made mostofthefnrniture quate, and because I fear that this undertaking by the Government is. used in the school buildings. They carry on a carpenter-shop, a wagon- to be cramped and dwarfed by making an inadequate provision for the· hop, blacksmith-shop, and last year they successfully cultivated a future of the school, that I have moved this amendment. farm on shares in the vicinity of the school. I learn from the report I do not ask th.is increased appropriation because this school is located of the superintendent of the school that some o.f the larger boys during in the State of Oregon or because the money is to be expended there. the last harvest worked for farmers in the vicinity of the school, giving I will say to the Senator from Kansas that if this school was located in. good satisfaction and receiving full wages; and that out of all the Alaska I should be just as anxious that there should be a sufficient ap students who have left the school but two have turned out badly, and propriation for the erection of permanent and sufficient buildings for that two of the boys who le.c1>rned the carpenter trade at that school are the school. carrying on a carpenter- hop at Tacoma, Wash., furnishing their own As has been said, the benevolent people of this country have supple material and putting up buildings by contract. They are Northern mented by their donations the inadequate appropriations made for the Indians, too, as suggested by the Senator from Massachusetts [Mr. education of the Indians in many cases, and they have gone into Alaska. DA'\VES]. and instituted and are maintaining to-day industrial schools some six I am inclined to think that theSenator from Kansas [Mr. INGALLS] in number, where over 1,000 Indian youth of both sexes are being edu put too low an estimate on the capacity oftheselndians. What I have cated by their donations expended through a local religious organization, said in regard to the pupils in this school at Forest Grove I have no I believe through an organization of the Presbyterian Church. This very doubt is entirely correct. I myself have seen on numerous occasions, amendment propo es that the people of Fore t Grove shall donate the on Puget Sound, the Indians from the Puyallup reservation going to site for the e buildings and give land suitable for a farm for the use oi and returning from the Puyallup hop-fields where old and young, the school. I hope that if this Government after it has established this men and women, are employed every season in picking hops, receiving school and demonstrated its utility is too poor fu make a sufficient ap regular wages, and expending their money ·for the purposes of self-sup propriation for adequate buildings, the people of Forest G.rove and oi port. Oregon will be called upon to contribute to the expense of the buildings I have been told of an incident in regaJ"d to the Indians of Alaska as well as to contribute the land, so that when the buildings are erected which shows that in one respect they are not very far behind some of the they shall be adequate for the purposes intended. white people of the Pacific coast. A iew years ago some parties from It is not the people of any section who have established this school California undertook to establish a cannery there. They took up with or are maintaining it; it is the Government of a great people .with a them some Chinamen skilled in the art of. making cans and putting up full Treasury, and if the recollections of the history of the past dealings. salmon. The Indians in Alaska (whether upon a "sand lot" or not, I of this Government with the Indians is not a sufficient inducement, do not know) got together and resolved that the Chinamen must go, our own self-interest, the instinct of self-preservation, and the dictates. and they went to the proprietors of the cannery and told them that they of humanity ought to be a sufficient inducement for us to do every could catch fish as well as the Chinamen and that the Chinamen must thing in our power to prevent the extermination of this unfortunate leave. The proprietors of the cannery assured them that it required race and to fit them for the struggle of life in the new and changed cir skilled labor to make the cans and they had brought the Chinamen for cumstances that are being forced upon them by the irresistible advance that purpose; but before the Indians would permit the Chinamen to of civilization. engage in this enterprise the proprietors had to assure t.he Indians that I speak in regard to this school from personal knowledge. I ha,·e· when they had learned to make cans the Chinamen should go. visited the school and seen the pupils at work, and examined the prod-· The Commissioner of Indian AffaiTs has stated in his annual report nets of then· labor, and I disagree with the gentlemen who have stated the necessity for new, more substantial, and commodious buildings for on this floor that we can not educate the Indians and fit them for civ this school. I ask the Secretary to read the part which I have marked. ilized life. I am firmly convinced that this Government, in entering: The Chief Clerk read a follows: upon the policy of educating the Indians, and particularly in establish 'Vantof money and want of room has compelled the refusal of many urgent ing schools like the Forest Grove school-industrial schools located at. applications for admission to the Forest Grove school. It is a great mistake such a distance from the kibes that the pupils are removed from the that Congress hould have limited to one hundred and fiftythe.numberof pupils to be received in the only training-school west of the Rocky Mountains, espe influences and associations of the tribes, where the children of both cially when the parents readily surrender their children for a five years' course. sexes may receive not only the rudiments of an education but an in This school is not yet fairly equipped for work. Its bu:~ilings are unsubstantial dustrial tJ'aining, this Government has adopted the only policy by which in construction and inadequate in size, out are as good and commodious as the meager funds allowed therefor would build. It has no land except the lots on we may hope to make the Indians self-supporting. which the buildings stand, offered for that purpose by Pacific Univer ity. Its The allotment of land upon Indian reservations to the Indians in small leased farm is not adjacent to the buildings. Funds hould be furnished severalty, breaking up their tribal relations, will have no doubt a great immediately to put up new buildings on a loeation not far from Forest Grove, where citizens ha"Ve offered to donate to the Government for that purpose a influence in eradicating the old habits, and in forming in him n~w habit . large tract of good land. I hope Congress at its next session will appropriate not of life; and it is to be hoped that by making the land allotted to each less than $25,000 for this purpose, and will provide for the support of at least individual Indian inalienable for a certain length of time, and by the two hundred and fifty pupils in this schooL liberalencouragementand assistance of the Government in tran forming.. Mr. DOLPH. The nperintendent of this school, in his report for the land allotted into permanent and comfortable homes, the Indians 1883, says that Congress ought to make provision at this school for the may be transformed from paupers, supported in idleness by the Gov education of not less than five hundred pupils; that the Indians are ernment, to self-supporting if not wealth-producing members of the· anxious to send their children to school; that it is a convenient and community . And in subjecting them to the laws of the State and uitable place for their in truction; and that the appropriation for build Territories within which they reside we may hope to teach them respect.. ings ought not to be less than '40,000. The reason, as stated in there for law and order. port of the Commissioner of Indian Affairs, why the present buildings But this experiment, in my opinion, largely depends upon the dif are unsubstantial in conskuction, are inadequate in size, and are lo fusion of knowledge among them, upon the succe s of this educationall. ca.ted upon land not owned by the United States is that the original experiment. I am firmly convinced that these industrial schools are appropriation for buildings was totally inadequate. If my recollection no longer an experiment-that they are a succe s. The success which. serves me, itwas$5,000. Such an inadequate appropriation has proved has attended them has been gratifying not only as relate to the pupils.. to bevery poor economy. Now, as it appears, not only a new site, but themselves but to the tribes also, and I do not believe that any amount new and more substantial and commodious buildings are imperatively of money which has been expended anywhere for· education, and I say required, and the old buildings are comparatively valueless. it with delibemtion, bas produced better results than has been produced It appears to me that we are about to repeat th"e blunder which was by the money which has been expended in the support of these train made five years ago by making an inadequate appropriation upon the ing-schools. At all e>ents, the Government has iairly entered upon mistaken theory that economy consists in making a horizontal reduc this policy of Indian education; and in making provision for the future tion in all the estimates which are made by the heads of Departments. of the school at Forest Grove, which is likely to be one of the perma There are some estimates which may be reduced without permanent nent agencies of the Government in civilizing the Indians, we ought injury to the objects for which they are intended. There are some to deal with it in as liberal a manner as the importance of the question works in hand that may, if not constructed this year, be completed the demands. I am satisfied that $15,000 is too small a sum to put up next; but this is not one of tho e appropriations. Bef01·e the builder adequate bnild.ings. Buildings ought to be erected there, that being draws a plan of one of these buildings he wants to know how much the the only school west of the Rocky Mountains, sufficient to accommo Government is going to expend in their erection. You can not construct date five hundred pupils, and we ought to make pTovision now, while buildings worth 25,000 for $15,000, and if the necessities of the school we are building, for the future of this school. The people at Forest require buildings worth $25,000 it seems to me to be the sheerest folly Grove propose to donate the necessary lands. The exterior of the build to erect buildings worth only ·15,000. ings ought to be of such a character that they will not be an eyesore It must be remembered that the buildings for which this appropria- to the community, and the interior of the buildings ought to be at least 1884. COKGRESSIONAL R.ECOR.D-SEKATE. 4109

· orne degree removed from the interior of an Indian wigwam. "r e only buildings required for such a school and in uch a locality as that, .ask buildings of adequate size for the accommodation of ·the schqol. 25,000 is small enough, and as small as proper buildings can b_e erected I hope the amendment will be adopted, and we shall be given this in for even to accommodate two hundred and fifty pupils. ·Crease of appropriation. If this were an appropriation to be expended for some transient pur It is proposed to appropriate $35,000 for education at this point, and pose I would not ay a word; I would sit here in silence and let what that appropriation will be renewed from year to year. These buildings I consider to be an insufficient appropriation be made; but it is an ap .are to be used not alone for the education of these children, but they propriation the effect of which is to extend through a generation pel· are the plant of the Government, the means by which the labor of haps. I do not agree with the Senator from Kansas when he said in these pupilS is to be utilized and by which they are to be made to con his speech that if he did not see fruits in one year from this, the ex tribute in part for their future support and education. At the black penditure of the appropriation made by this bill, he would not >ote for . mith shop and wagon shop, last year, at this school considerable work another. I fear that with the most enlightened and liberal policy of has been done for citizens in the vicinity; and with adequate buildings this Government it will require not a year or a decade, but a generation this school will become, in part at least, self:.sustaining, and, unless it to elevate the Indian race, to civilize them, and make them self-sp.p is the schools at Hampton and Carlisle, and similar schools, there is porting. I suppose that these buildings will be required at Forest not a school in the United States where pupils of the same age do Grove for a generation, and when we lay the foundation-stone of one of so much toward their own maintenance and education as at Forest these buildings I want it to be of a building of sufficient capacity at Grove. least to accommodate the number of children that must be schooled Mr. DAWES. 1\Ir. President, the committee did not differ with the there. As I said before, I want nothing for ornament inside or outside. Senator from Oregon materially as to the value of the Forest Grove We want no mahogany desks; we want no fine tables; we want no china .school, both in location and in results. It deserves all the encomium crockery; we want no $3.25 shoes. The children will make their own which the Senator from Oregon has bestowed upon it, and the hearty shoes, their own tables, and their own desks. But we want room suffi .support of the Government. It is the only school on the west side of cient to accommodate the pupils who are to be educa-ted there . the Rocky Mountains for the education of the Indians. It is about to M:r. PLUl\IB. I did not rise to oppose this amendment, but I wanted be removed from its present location, where the buildings are of little to have some information. I have got a good deal of it and much of it value and the land belongs to somebody else, to a spot where it is is important. But it would not hurt my feelings to see Indian children hoped it will be permanent, a location which the people of Forest standing up at table. I did it myself when a boy, but whether be -Grove propose to furnish. One hundred and sixty acres of land I un cause I wanted to or could not help myself I do not exactly recall. I ·derstand it is proposed to give. The 15,000 that the Senate commit did it all the same. tee propose here will erect buildings enough to accommoda-te the school I am glad to know that the Senator from Oregon agrees with me in for the present, all the scholars whom we have provided an appropria fearing there will be some generations before we get any return for our tion to accommodate, and if properly laid out it will leave the situation money in the way we are spending it. That agrees with my notion. where it can be added to without loss and with proper regard to ulti We have been doing this thing for several generations, and we have not mately making as large a school as is contemplated by the Senator and any return yet, and I am pertectly prepared to believe it will be two .as was suggested by the Commissioner of Indian Affairs for the accom or three generations more before we get any return, and probably we modation of five hundred pupils. But there did not seem to the com shall be then in the condition of waiting two or three more generations mittee to be any call at this moment for a schotllarge enough to accom before we get any return. modate five hundredscholars. Forall thatare at present there or who Now, I wa-nt to ask the Senator from Oregon a question about this may be accommodated during the next year, during the expenditure building and about "this land. The estimate for this building was, in ·of this money, the building will be sufficient if $15,000 be expended the exact language of the Book of Estimates: properly, and in the large appropriations made by Government for Purchase of land and the erection of buildings. school purposes the committee thought that it was wise to limit this ap propriation to $15,000, looking to the future for enlarging it as the It came in some way to my knowledge that since the time when the necessities of the school and the demands of the Pacific coast might estimate was made the people at Forest Grove, or somewhere else-I require to the. extent that it would be necessary by further appro did not understand how far the school was to be removed from the priations hereafter for school buildings. present location-expected to give the land, and the House thought Mr. PLUMB. I should like to ask the Senator from Oregon where that if the land was donated $15,000 would be enough, because that it is proposed to locate this school with reference to the one now exist part of the purpose of the estimate embraced in the ''purchase of land ' ing there; that is, the building? would have been obviated by this donation. That being presented to 1\ir. DOLPH. Right in the vicinity of Forest Grove. the subcommittee having charge of this bill, very little consideration Mr. PLUMB. It is not to be mov.ed any distance? was given to it, but it seemed to be generally understood by whoever Mr. DOLPH. No great distance. presented the matter-and I think it was presented by the Department Mr. PLUM:B. What charader of buildings does the Governmental that 15,000 would answer the purpose. _ready own? But the Senator spoke about a farm. I want to ask him if it is the 1\ir. DOLPH. The honorable Commissioner of Indian Affairs says purpose of these people to donate a farm to the school. I want to as they are unsubstantial and inadequate. certain exactly about that. The committee put in a provision in re Mr. PLUMB. I ask the Senator from Oregon what he says about it? gard to "a sui4tble location and quantity ofland," and I wa-s not cer He has been there. · tain myself whether that was designed to be a body of land sufficient 1\ir. DOLPH. I have been there; and they are such, I undertake to to answer the purpose of a farm to be used by the school or not. It is say, with all the objections of the Senator from Kansas to extravagance very proper of course that the school should not only have it, but the in this line, that if he should visit this school and examine the building incidental advantage to be derived by the community would be suffi aJ!d see the children, as I did, standing up for the want of chairs and cient to warrant them in giving it. Of course they must be the judge .eating off tables made by them and off tin platters and drinking out of of that. tin cups and see the inadequate rooli and wa-nt of accommodations, he Mr. DOLPH. 1\fr. President, the Senator from Kansas certainly would come away mortified and chagrined that the United States Gov misunderstood me if he thought I said that it would be a generation ernment wa-s so parsimonious in this matter. or generations before we could get any return from this money. I Mr. DAWES. The buildings as I understood were built by the In thought I said as distinctly as any one could make the assertion that dians themselves. I believed the money expended at Forest Grove had produced greater 1\Ir. DOLPH. I do not think so, entirely. They were, probably, in results than the expenditure of the same amount of money anywhere part. for the same purpose. !tir. DAWES. Only in part. Mr. PLUl\IB. I do not question that. I have a good opinion of Mr. DOLPH. I am surprised at what has fallen from the lips of the this school and as I think full as good perhaps as the Senator has ; nor Senator from Massachusetts. I have had frequent conversations with did I understand that his statement in regard to the results to be de the honorable Commissioner of Indian Affairs in regard to this appro rived from the expenditure of money related to Forest Grove school, priation and he is thoroughly of the opinion that 25,000 is required. but I thought he meant generally that he feared it would be a genera I called the matter to the attention of the chairman of the Committee tion or so, and I simply wanted to say I shared in his fear most thor- on In~n Affairs long before the bill was reported, and he certainly oughly. _ told me after it was reported that he thought this appropriation had 1\Ir. DOLPH. The Senator from Kansas is right in supposing that been increased to $25,000. I therefore supposed I was correct in say I sai~ I feared the entire Indian race could not be elevated from the ing when I addressed the Senate in regard to this appropriation that state of a savage race to a state of civilization in a year or ten years, the attention of the committee had not been particularly directed to and that I feared it would be, with the most enlightened and liberal this item. policy, a generation before they would be made self-supporting mem I will say further that the Commissioner of Indian Affairs does not bers of the community; and I repeat that assertion. But that is no recommend a building to accommodate five hundred pupils. He rec reason why the Government should not proceed with the policy it has ommends only a building for the present to accommodate two hundred adopted in regard to the Indian tribes. I think even that is encourag and fifty pupils, and I think for a suitable building to be owned by the ing after so long a time and the expenditure of so much money in this United States and devoted to school purposes, and for the number Of direction with such unsatisfactory result . 4110 CONGRESSIONAL REOO:&D-·SENATE. MAY 13,.

Last fall my attention was called to the necessity for larger build broad ·enough so that the Secretary of the Interior may make the best. ings, more adequate accommodations, and for a site for the Forest arrangement that can be made between the different points, makinrr0 it. Grove school. As I said before, I visited the school, and I have been a sort of competitive test between rival points. carrying on during the past winter a correspondence upon the subject Mr. DAWES. The land is to be selected by the Secr·etary of the with the superintendent of the school and other benevolent people in Interior anywhere in Oregon. terested in the education of the Indian and in education generally Mr. SLATER. I am a little doubtful whether when you come to ex-· throughout my State; and there has been a move by the people of Sa amine the whole clause you will not find that he is bound by the first lem and various points in the State to provide the necessary land for line and restricted to Forest Grove or near Forest Grove. . the location of this school. M:y own judgment is that the present lo Mr. DAWES. I do not know but it might be open to t.hat construc cation of the school is the best one, and that it should remain there. tion. And I have said to the people of Forest Grove that there will be no Mr. DOLPH. If my colleague will permit me I will st.1.te that,. money expended with my advice or my consent; that I will not ask although I have not seen the deeds, I received a telegram from Hon. the Secretary of the Interior to expend money for erecting buildings Henry Failing, and also a communication from Jl.'lr. Hinman and others unless they furnished not only a si~ for the buildings but a farm for at Forest Grove, to the effect that the people of Fqrest Grove have for the school. I understand that recognizing the necessity of doing so warded deeds to the Commissioner of Indian Affairs, which I believe they appointed a committee to procure a site for these buildings, and a are satisfactory to him, for this land, and that the question may be con farm for the use of the school in the neighborhood of the school, and sidered as ettled that the buildings will remain at Forest Grove. if they have not done it, I am satisfied that the Commissioner of In Mr. SLATER. That is not the point to which I am directing atten dian Affairs will not locate the school there, and there will be no ~x tion. I understand the people of Salem are endeavoring to compete penditure for buildings at that place under this appropriation. The with Forest Grove by offering very valuable and very eligible lands for citizens of Forest Grove proposing to provide lands sufficient for a site the school. I desire that the clause shall be so worded that the Sec for the buildings, and for a farm for this school, the buildings which retary of the Interior may have a choice between the two points. I are erected there ought to be at least respectable in appearance on the hardly think that the language as it now stands is broad enough to outside and sufficient within for the accommodation of the sehool. allow competition. In line 1119, after the word "land" and befo re Ml'. PLU.MB. If the Senator will permit me, I will, as far as I am the words which have been inserted by unanimous consent, I move to concerned, state that I am willing that the amount shall be increased add: "at Forest Grove or elsewhere in the State of Oregon;" so as to .·. to $20,000, and I think that will be sufficient at all events for the read: present year. We do not often complete a series of buildings nor do If a suitable location and a quantity of land at Forest Grove or elsewhere in all the building one year that we expect to answer the entire purposes the State of Oregon sufficient for a farm for the use of the school shall be donated of a school for all time, and that will build a pretty large building. for the purpose. 1\fr. DOLPH. There are to be not only shops and a boarding-house The PRESIDENT pro tempore. The question is on agreeing to the and school-rooms, but some farm buildings on the farm. amendment of the Senator from Oregon [Mr. SLATER]. Mr. PLUUB. There will be something left to be done after the Sen Mr. DOLPH. While I think the Secretary of the Interior has been ator from Oregon and I get through with our work in this world, I am himself carrying on a negotiation as to the location, and has already afraid, and I think that amount would be enough, and if he is willing virtually decided upon the location, I do not see that the amendment to accept that as fur as I am concerned I Will agree with him on that itself would do any harm, and I have no ohjection to it. amount. If that should be the case we shall then move to add suit The amendment was agreed to. able words in line 1119 to indicate that the quantity of land shall be a The next amendment of the Committee on Appropriations was, in line- farm for the use of the school. 1120, to increase the total appropriation for suppon of industrial schoo1 .Mr. DOLPH. I will agree with the Senator from Kansas that we at Forest Grove: Oreg., from 46,500 to $51,500. can not do all in our day, but I propose to do what I can. Half a loaf Mr. DAWES. In line 1121 the total should be 56,500. We ha\e is better than no bread, however, and as I do not know the temper of added $5,000 to the $15,000. the Senate, if the Senate will allow the Senator from Kansas and my The PRESIDENT pro tempore. The Senator from l\fassachusett& self to make an agreement on that subject-- moves to amend the amendment of the committee by striking out ''51' r Mr. PLUMB. I will make no agreement, but I shall not oppose it. and inserting "56," so as to read "$56,500." I hope he will modify his own amendment, that is all. The amendment to the amendment was agreed to. The PRESIDENT pro tempore. The question is on the amendment The amendment as amended was agreed to. proposed by the Senator from Oregon. The reading of the bill was resumed. The next amendment of the :Mr. PLUMB. I move to amend by making the amount $20,000. I Committee on Appropriations was, in line 1123, after the word ' 1 N e do that in a friendly spirit. braska," to strike out' 20,000" and insert ''26,500;" in line 1125, JYir. DOLPH. I will accept the amendment. after the word "exceeding," to strike out "two hundred" and insert The PRESIDENT pro tempore. The Senator from Kansas moves to ''one hundred and seventy-five;'' and in line 1128, after the word ''all,,,. amend the amendment of the Senator from Oregon. to strike out "21,500" and insert "28,000;" so as to read: Mr. PLUMB. The Senator from Oregon accepts the amendment. For support; of industrial school for Indians at; Genoa, Nebr., $26,500; and said The PRESIDENT pro tempore. Does the Senator from Oregon ac sum shall be disbursed upon the basis of an allowance of not exceeding $175 for cept the amendment? the support and education of each, scholar; pay of superintendent, 1,500; in. Mr. DOLPH. I accept the modification, but with the understand all, $28,000. ing that probably next year I shall ask for the other $5,000. The amendment was agreed to. The PRESIDENT pro tempore. The Senator from Oregon modifies The next amendment was, after the word "dollars," in line 1129,. his amendment by proposing $20,000. The question is on the amend to add: ment as modified. And the limitation imposed upon the appropriation for this schoolfor the .fiscal The amendment was agreed to. year 1884 in the act approved March 1, 1883, is hereby repealed. Mr. PLUMB. In line 1119 I ask unanimous consent, inasmuch as Mr. INGALLS. What was that limitation? • the amendment proposed by the committee has been adopted, to amend 1\ir. PLUMB. The limitatio~ was on the amount to be expended by inserting after the word ''land'' the words ''sufficient for a furm for each scholar; but under the construction put upon that by the Treas for the use of the school '' and to insert the word '' a'' between '' and '' ury Department it meant that there must be a scholar supported twelve· and "quantity;" so as to read: months at the rate of $200 or $175, whichever it was. In getting the If a suitable location and a quantity of land sufficient for a farm for the use of school ready for operation it became necessary to provide certain things. the school shall be donat~d for the purpose. for the use and comfort of the scholars, which was to be carried over I offer this so that no question may arise hereafter in regard towhat into another year, but as the school was not carried on for the full pe the GQvernment is to get which shall make it necessary to purchase land riod of twelve months the Treasury Department only allowed the ali at any time for the use of the school. quot proportion, and it becomes necessary to remove the limitation in Mr. DOLPH. I do not think the amendment is necessary, but I order that it may not be obstructive in its character. have no objection to it. The PRESIDENT pro tempore. The question is on agreeing to the Mr. PLUMB. !tis exactly in the line of the Senator's own remarks. amendment of the Committee on Appropriations. Mr. DOLPH. That is according to my idea. The amendment was agreed to. The PRESIDENTpro tempore. Is there objection to this amendment? The next amendment was, in line 1135, after the word ''Virginia," The Chair hears none, and the amendment is agreed to. to strike out "nineteen" and insert "twenty-one;" and in line1138, Mr. SLATER. I should like to call the attention of the Senator in after the word '' all,'' to strike out '' twenty-one '' and insert ''twenty charge of the bill to the language of the clause under consideration. I three;" so as to make the clause read: ask him whether it is understood that this land is to be confined to the For support and education of one hundred and twenty Indian children at the vicinity of Forest Grove, or whether other points in the State of Oregon school at Hampton, Va., 21,000; transportation of children to and from said may be competitors for furnishing the land for a fa:x;m. I understand school, $2,500; in all, $23,900. the fact to be that there are other points making very liberal offers in The amendment was agreed to. the way of lands to secure the location. I do not know anything in The next amendment was, in line 1140, after the words "education. 11 :respect w the advantages of it, but I sho~d like . to have the clause of," to strike out "two hundred and eighty-four" and insert In- 1884. OONGR.ESSIONAL RECORD-SENATE. 4111 dian;" and in line 1141, after the word "at," to strike out ''two has satisfied the committee that this amendment ought not to be made, hundred" and insert "one hundred and seventy-five;" so as to make but thn.t the appropriation is a proper one. · the clause read: The idea prevailed with the committee that the education of all the For support and education of Indian children, at $1i5 per annum each, at the Indians in that State was provided for already, but such is not the fact. Indian school at Lawrence, Kans., $56,800; pay of superintendent of school, If the Indians really need an appropriation of that character I am cer~ $2,000; teams, wagons, and farm implements for manual labor school, $2,000; in all, $60,800. tain that within the limits of exact truth I may say that now here in. The amendment was agreed to. the Union could an appropriation be made which in all probability The reading of the bill was resumed. The next amendment of the would do more good than at this particnlar point. Mr. DA·wES. I think the Senators are right. Committee on Appropriations was, after the word '' exceed,'' in line 1156, to strike out " two hundred" and insert "one hundred and sev ~Ir. COCKRELL. I should like to ask the distinguished Senator· enty-five;" inline1158,aftertheword "child," tostrikeout "seventy from Massachusetts how the Committee on Appropriations made such. five" and insert "eighty;" in the same line, after the word "dollars," an infamous blunder as to recommend striking out this paragraph? It. to strike out "and of this amount not exceeding $5,000 may be used comes in here and there is not a member of the committee who will get-, for the establishment and support of a boarding-school for the Potta up and defend the action of the committee. I should like to know how watomie Indians;" and in line 1162, before the word "thousand," to it is that the Committee on Appropriations arrived at the conclusi~n to~ strike out "five" and insert "ten;" so a-s to make the clause read: strike it out. Mr. DA. WES. The Senator from Missouri hanng 1een an active. For care, support, and education of Indian children at industrial, agricultural, member of the committee and present when it was done, does not need1 mechanical, or other schools, other than t.hose herein provided for, in any of the States or Territories of the United States, at a rate not to exceed $175 for each to be told. child, $80,000; and of said sum not exceeding $10,000 may be used for the trans Mr. COCKRELL. I am not the mouthpiece of the committee in this. portation of Indian children to and from said schools, and also for the placing of children from all the Indian schools, with the consent of their parents, under matter, and I have not given .my assent to what has been said and. the care and control of such suitable white families as may in all respects be done here-not a particle; but the Senator from Uassachusetts has. qualified to give such children moral, industrial, and educational training for a Now, I should like to know why it was that the committee struck out term of not less than three years, under arrangements in which their proper the paragraph when they come right in here and take it all back. care, support, and education shall be in exchange for their labor. 1\lr. DAWES. It was stricken out because the infoTmation which, Mr. DAWES. We have stricken out the charge of transportation to the committee had at the time was, as the Senator from North Carolina the $175 at the different schools, and it is proposed to provide for that [Mr. RANSmi] has stated, of such a character that they thought the transportation in line 1158 by adding S10,000 to the $80,000; and in Indians were having the benefit of edurotion from the schools of North line 1162 by making the ~llO, 000 $20,000. I move, therefore, in line Carolina; bu.t since then the committee have had such information as. 1158, to increase the appropriation from $80,000 tp $90,000; and in line led me to make the remark I did just now, that I thought the Senators_ 1162 to strike out '~ten" and insert "twenty;" so as to read: from North Carolina were correct. And of said sum not exceeding $20,000 may be used for the transportation of The PRESIDENT pro tempore: The question is on agreeing to the Indian children to and from said schools. amendment of the committee. The amendment to the amendment was agreed to. The amendment was rejected. The amendment as amended was agreed to. The reading of the bill was resumed. The next amendment of the. 1.Ir. DAWES. In line 1163, before the word ' 1 schools,'' the word Committee on Appropriations was, after line 1176, to insert- 'said '' should be stricken ont and the word ''Indian '' put in its That the Secretary of the Interior be, and hereby is, authorized t-o expend so. place; so as to read: much of the sum of $150,000 appropriated for the purpose of further instructi-ng_ To and from Indian schools, and also for the placing of childreu from all the and civilizing Indian children dwelling west of the Mississippi River, &c., in an. Indian schools. a{)t entitled "An act making appropriations for the current and contingent ex penses of the Indian Department, and for fulfilling treaty stipulations with In the present phraseology it is confined to these particular schools. various Indian tribes, for the year ending June 30, 1883, and for other purposes," The amendment was agreed. to. approved May 17, 1882 (Statutes 22, page 86), as he may deem necessary for the purpose of erecting and repairing such school buildings as are now in course of J!Ir. PLUl\IB. I think that the paragraph would be improved by in construction or for which contracts have been made, and for such other educa• serting, after the word '' the,'' in line 1164, the words ''transportation tional purposes as he may consider proper. and, ' to relieve it of some ambiguity and I think more fully to carry The amendment was agreed to. out the idea which the Senator from Massachusetts had in mind in The next amendment was, after line 1192, to insert: raising the appropriation. Therefore, after the word '' the,'' in line To enable the Secretary of the Interior, in his discretion, to purchase for Indian. 1164, I move to insert the words "transportation and;" so as to read: industrial-school purposes the buildings and other improvements in wkat is. And al o for the transportation and placing of children from all the Indian known as Kearn's Canon, within the 1·eservation, in the Territory of Arizona,~ schools. · tablished for the use and occu t:Jancy of the l\Ioquis and other Indians, by execu-. tive order dated December 16, 1882, o.nd to pay therefor such sum as he shallt The amendment was agreed to. deem just and reasonable, not exceeding$25,000: Provided, That upon payment · :Mr. HOAR. In order to make the sentence grammatical it should therefor the owner of said huildingsand other improvements shall execute and· read: deliver to the Secretary of the Interior a full relinquishment of all his right, title~ and interest in and to the same, and to any and all buildings and other improve... And also for the transportation of children from all the Indian schools and ments of whatsoever character owned by him within the limits of said reserva, placing them, wit·h the consent of their parents. tion, and in and to any land therein. I move to so amena the clause. The amendment was agreed to. The PRESIDENT pro tempore. The Senator from Massachusetts The next amendment was, after line 1208, to insert: [Mr. HoAR] proposes to strike out the words "and placing," in line To enable the Secretary of the Interior to employ practical farmers to super. 1164, and in line 1165, after the word ''schools,'' to insert ''and placing intend and direct farming among such Indians as are making effort for self-sup- them;" so as to read: port, $25,000. · And also for the transportation of children from all the Indian schools and The amendment was agreed to. placing them, with the consent of their parents, under tile care and control, &c. The reading of the bill was resumed. The next amendment of the The amendment was agreed to. Committee on Appropriations was, after the word "reservations," in 1 The reading of the bill was resumed. The next amendment of the line 1252, to insert ' and for the gathering, care, and removal of Leg Committee on .Appropriations was to strike out the clause from line gins's band of Pi-Utes to a suitable place on some existing reservation, H72 to line 1176, inclusive, in the following words: to be selected by the Secretary of the Interior;" in line 1255, after the For the erection of a boarding-house, the purchase of tools and agricultural word ''Interior,'' to strike out ''seven'' and insert ''seventeen;'' and implement/3 and other necessary articles to establish an industrial training in line 1257, after the word "all," to strike out "thirteen" and insert school among the Eastern Band of Cherokees in North Carolina, $1,000. ''twenty-three;" so as to make the clause read: 1\Ir. VANCE. I hope the Senate will not agree to that amendment. Incidental expenses of Indian service in Nevada: For general incidental ex. I do not see any reason why the remnant of the Eastern Band of Chero penses of the Indian service, including traveling expenses of agents, and support and civilization of Indians located on the Pi-Ute, Walker River, Westem Shos.. kees in North Carolina should not have the same facilities that are af hone, and Pyramid La-ke reservations, and for the gathering, care, and removal forded to other Indians. They are settled upon a wlld, mountainous of Leggins's band of Pi-Utes to a suitable place on some existing reservation, tQ. trad of land, widely scattered and have not the means of obtaining in be selected by the Secretary of the Interior, $17,000; and pay of employes at dustrial education from contact.with thewhites. Itisabsolutelyneces same agencies, $6,000; in all, $23,000. sary iftbey are to be furnished with educational facilities of that nature l\Ir. DA. WES. In line 1253 I move to amend the amendment pro that they should have a school-house and a boarding-school where they posed hy the committee by inserting before the word "Leggins's " the can be educated. Theamountis very small, and I am assured by chari words "the Winnemucca or;" so as to read: table and philanthropic gentlemen who are enga.ged in that work that And for the gathering, care, and removal of the Winnemucca or Leggins's the appropriation is absolutely necessary, and that those Indians are band of Pi-Utes. making \ery satisfaewry progress in education. These are the different names the band is known by. l\Ir. RANSOM. I h-rnow that the Committee on Appropriations will The amendment to the amendment was agreed to. agree with me that if tliere had been a full consideration of this amend The amendment as amended was agreed to. ment it would not have been adopted even by the committee. I have The reading of the bill was resumed. The next amendment of the spoken to several members of the committee since the bill was reported, Committ-ee on Appropriatio:ns was, in line 1274, after the words '• Uin and a thorough examination of the subject has sn,tisfied me and I think tah Valley,'' to insert ''and Ouray agencies;'' and in line 1275, after the: ' -4112 CONGRESSIONAL RECORD-SENATE. MAY 13,

word "said," to strike out "agency " and insert "agencies;" so a.s to The reading of the bill was resumed. The next amendment of the ·make the clause read: Committee on Appropriations was, to strike ou~ the clause from line 1339 Incidental expenses of Indian service in Utah: For general incidental ex to line 1349, inclusive, in the following words: pense of the Indian service, including traveling expenses of agenL, support Any net which when done by a citizen of the United States would be a crime .and civilization of Indians at Uintah Valley and Ouray agencies, and pay of shall he and is hereby declared equally a crime when done by any Indian upon .employes at said agencies, $10,000. or belonging to any Indian reservation ; and such Indian committing such crime The amendment was agreed to. shall be subject to the ame jurisdiction and amenable to the same proce that The reading of the bill was re umed. The next amendment of the any citizen would be in like ca e; and no Department nor officer of the United States of ~eri~ ~hall have .or exerc~e power or authority to shield or protect Committee on Appropriations was, in line 12891 after the word ''at,'' to uch Indian cnm1nal from JU t pun1Shment, nor shall any money herein or ..strike out "five" and insert "seven;" in line 12Dl, before the word hereby appropriated be used for that purpose or to that end. "dollars," to strike out "eight" and insert ''ten;" in line 1295, after The amendment was agreed to. -the word "agencies," to strikeout "72,000" and insert "93,600;" and The next amendment was, in line 1350, after '' irrigating-ditches, ' in line 1297, before the word "policeman, 'to insert "Indian;" so as to strike out'' at" and insert" on;' in line1351, after the word'' In -to make the clause read: dian,'' to strike out'' agencies'' and insert ''reservations, and in truct Pay of Indian police: For the service of not exceeding eight hundred pri incr Indians in farming in connection therewith; " so as to make the -vates, at $7 per month each, and not exceeding one hundred officers, at 10 per clause read: month each, of Indian police, to be employed in maintaining order and pro hibiting illegal traffic in liquor on the several Indian reservations, and for the For the purpo e of constructing irrigating ditches on Indian reservations, and purchase of equipments and rations for policemen of non-ration agencie , instructing Indians in farming in connection therewith, $50,000. .$93,600: Provided, That the agent of the Navajo Indians may employ ten Indian The amendment was agreed to. · policemen, at a rate of compensation not exceeding $15 per month each. The reading of the bill was resumed. The next amendment of the The amendment was agreed l:.o. Committee on Appropriations was, after line 1361, to insert: The next amendment was, in line 1304, after the word ''supplies, ' to Removal and support of confederated bands of Utes: For this amount, tore .strike out "under contract;" in line 1305, to strike out "warehouse" imburse the Ute remo>al fund for sum expended out of said fund for the urvey and ins~rt "warehouses;" in line 130G, after the word "employes," of public lauds of the United States, formerly the Ute Indian reservation, in Col to strike out ''in New York;" and at the end of the clause to insert orado, $21,5i5.35. the following proviso: The amendment was agreed to. Provided, That in all contracts for the purchase and delivery of beef cattle it The next amendment was, after line 1367, to insert: .shall be provided that the delivery hall be made as often as once each month, For this amount, to reimburse the Ute removal fund for sum expended out of .and for so many only as shall be necessary for the succeeding month. s~id fund in payment for improvements of white settlers on lands in Utah e So as to make the clause read: lected for the location of the Uncompahgre Utes, 10,838.25. Telegraphing and making purchasesoflndiansupplies: To paythecxpenses The amendment was agreed to. of purchasing goods and supplies for the lnd ian service, including rent of ware The next amendment was, after line 1372, to insert: houses and pay of necessary employes; advertising, at rates not exceeding reg For the purpose of enabling the Secretary of the Interior to continue to carry ular commercial rates; inspection, and all ot-her expenses connected therewith, out the provisions of the act of J nne 15, 1880, "ratifying the agreement submit;. including telegraphy, $40,000: Provided, That in all contracts for the purchase ted by the confederated bands of Ute Indians in Colorado for the sale of their and delivery of beef cattle it shall be provided that the delivery shall be made reservation in said State, and for other purposes, and to make the necessary ap .as often as once ea

Indians, and also for the benefit of the inhabitants there. The coal is of to come down to the real merits of the question, it seems to me obvious great value there as fuel, and it is very desirable that it should be that there ought to be no joint-stock arrangements here between the in brought into the market, and should be brought into the market in the truders upon that Territory and the Indians, and that the Government best way. The Secretary had one plan, the Commissioner had another ought not to take a sort of dormant partnership in which Indians are plan, and the Committee on Indian Affairs had another plan, and an to some extent partners, and speculators are to anotherextentpartners, other branch of this Congress had another plan. It was concluded on but this matter ought to be made very clear, and we ought to decide in the whole that the best method wa-s to select three men who had some this bill of appropriations when we undertake to do this work whether knowledge of coal to go down and visit this reservation and see what we are doing it for the Indian or whether we are doing it for the white was the best method for bringing it into the market and securing for people. I am not in favor of expending any money there to assist gen the Indians a fair royalty forit. tlemen, no matter how much coal is needed, in the private enterprise Mr. MORGAN. Does the chairman of the committee express the of developing it for their own advantage, or the advantage of their own opinion that there is joint-ownership between the Indians and the white railroad company, or their manufactories, or whatever it may be. people there of that vein? If the Committee on Indian Affairs think there is some advantage to Mr. DAWES. No; the committee were of the opinion that the be gained out of t.his barren and sterile Territory by enabling the In white people could not in law assert any claim to this coal; but the dians to work it and showing them how to do it, they assisting in fur explorers had discovered this coal and brought it to light, and it was nishing the labor, I am willing they should do it; and in fact I like the thougllt by the Interior Department and also by the committee that in enterprise, because that is one way to put an Indian to work; but I wish the disposition of it, if preference was to be given anybody in leasing it to admonish the Senator from Massachusetts that by the next session of for instance, they should have preference over strangers, but should Congress it is very likely that he will have to repeat, against his own have no rights except that they should be recognized as having some committee and against his own work, those denunciations which he equitable claim above strangers. yesterday made against the people of the United States at large for en Mr. MORGAN. Then, if I understand it, we are asked to appropri croachments upon Indian property. We ought to conserve it, take care ate $5,000 for the purpose of developing coal property that some white of it for them, and I really do not like the shape in which this matter persons say they found upon an Indian reservation, the title ofwhich comes before the Senate. is not in any white person but in the Indians, but the benefits of which, I believe it is the first time that the Congress of the United States I understand, are to inure to these discoverers. has undertaken to mine a mine of coal, or silver, or gold, or any other Mr. DAWES. The title is not in the Indians because this is a reser enterorise of this character for the benefit of an Indian tribe. I think vation by executive order, but the Indians are upon a poor reservation the subject is new so far as that feature of it is concerned, and I should of large extent, good for nothing except for berries and such things. like very much if the committee could :find some way to guard it by The water upon it is very scarce; itliesinthe vicinityofthiscoal-mine, saying that the whole benefit or advantage of this arrangement shall very valuable water, and it must be secuTed to the Indians. There was inure exclusively to the Indian tribe. I have not examined the lan danger if you brought the coal-mines into the market that you carried guage of "it critically. My attention was arrested by the peculiarity of with them all the water. At the same time it is deemed but just and the case as drawn into debate here. right that although the Indian has no legal title to this reservation this Mr. GORMAN. Mr. President, I will say to the Senator from Ala coal-mine should inure to his support, and therefore some method is to bama. that the a.mendment which I was instructed to offer by the Com be devised that will result in two things: giving the Indians a fair roy mittee OB. Indian Affairs, having been reported by that committee and alty in the nature of support, and securing to the people· of Arizona a referred to the Committee on Appropriations under the rules, simply protect>ion against a monopoly that would grasp the whole of it and provides that a commission shall be appointed to ascertain the extent make it just about as bad for the people as if it were not in existence. and value of the coal in this Indian reservation in Arizona. The mat That is the purpose. It will take about $5,000 to do that. ter came before the Committee on Indian Affairs, it being shown that There is no doubt but that this $5,000 will. be charged over to the there were discoveries of coal and that parties had sought to make con royalty, and the expense of bringing the coal into the market will come tracts with the Indians for mining this cool on a royalty; and the rec out of the receipts from the production of it, so that the Treasury will ommendation of the Interior Department was that the land should be not suffer. If it was paid out of the Treasury and the Treasury suc leased on a. royalty of 10 or 12 cents a ton. The subject was referred , ceeded in relieving itself of $5,000 toward the expense of taking care to me for examination, and I have made as thorough an examination as of these Indians, it would be just as long as it would be short. was possible·; and I am satisfied from all the information I can get that The Indian Committee have had a great deal of trouble to devise a this deposit of coal is very extensive and valuable.' There is no posi way. My friend and coll~gue upon the committee who offers this tive informl\tion in the Interior Department as to its extent or value, amendment, who has had great experience in coal matters, has had the but from the best information I can get the miners and smelters in that subject troubling him for weeks, and he has had various claimants all country are now paying $60 a ton for the coke brought there. around him~ following him. I do not wish to criticise their claims or If you ascertain both the extent and valq.e of this coal, it can be leased say that one is better than another, but the outcome of the whole or worked for the benefit of these Indians, and instead of paying a roy should be that the Indian should have for his support a fair royalty alty of ten or twelve cents a ton, as recommended by the Department, and the people of Arizona (which is of immense importance) should in all probability it will be thirty cents a ton, and yield a revenue more have an opportunity to get cheap fuel. than sufficient to maintain the entire tribe. Therefore the object of Mr. MORGAN. Before we appropriate any money for developing the amendment is not looking to claims of any white squatters, or those this coal-mine through the active exertions of the United States Gov who found that the coal was there, to ascertain what is the best dispo ernment, I should like to have it settled whether this is an Indian sition to be made of this coal, which is believed to be so valuable, for reservation, to begin with. The Senator from :Massaehusetts says it the benefit of the Indians. It takes no account of the claims presented is a reservation by executive order. Well, that is under the law of the there, and the very object is to carry out the idea of ruy friend from United States. The President of the United States has a right to set Alabama. aside reservations in certain cases, and they are just as valid, I suppose, Mr. MORGAN. Let the amendment be reported again. if valid at all, as if they were set aside by an act of Congress, and they The PRESIDING OFFICER. The amendment will be read as mod- give the Indians the same right of occupancy of the country. The ified. . terms and conditions are prescribed by the statute on which they be The Chief Clerk read the amendment as modified, as follows: came the holders of those reservations, and so there is very little un To enable the Secretary of the Interior to appoint and pay the expenses of a certainty about that. We can therefore deal with reservations by commission of three persous to examine and report upon the character, extent, thickness, and depth of ett.ch vein, the value of the coal per ton on the dump, executive order with as much certainty in. respect to the right of occu and the best method to utilize the same, and to determine the best methods of pancy and the right of use and poss~ion as if they were defined by a disposing thereof within the limits of the 'Vhite MoWltain Indian reservation, statute. in the Territory of Arizona., and the result of said investigation to be reported Now, this is either a reservation or it is not. If it is a reservation, the to Congress, $5,000, or so much thereof as may be necessary. white people have-not any business there working upon it, asserting Mr. ALLISON. I move to amend the amendment by saying "re mineral claims upon it, coal-land claims, or anything of that kind, and port their opinion as to the best methods,'' striking out '' determine.'' the committee ought to bring in here, it seems to me, very definite in The PRESIDENT pro tempore. The Senator from Iowa moves to formation whether this new enterprise of developing a. coal-mine is to amend the amendment. The amendment to the amendment will be inure to the advantage of the Indian tribe alone or whether it is to in reported. ure to the advantage of some speculators in that Territory. 'Veare in The CHIEF CLERK. It is proposed to strike out the word ''deter formed that flocks of speculators follow some gentleman of the commit mine '' and insert '' report their opinion as to.'' tee about the city here and annoy him and vex him. Mr. ALLISON. .M:y object is, as the Senate will see, to not involve Mr. DAWES. I did not mean to speak disparRooingly of men who these commissi9ners in making a decision. As I understand this ques have a claim. I only brought that before the Senate to show the de tion, there is no right in any person to go on this reservation or to ae sire of the committee to get the best disposition of the thing. quire any right in these coal-fields. This reservn.tion has been set apart Mr. MORGAN. I do not think it is any disparagement to a man to by an executive order, and therefore is as much a reservation as though try to get a good piece of property in a fair way, and there can not be it was established by law. The tribes on this reservation, known as the a fairer way than through a committee of the Senate, for the Senate is San Carlos reservation, are expensive to the Government of'ilie United not going to encourage any man in any illegitimate speculation. But States, and we have in this very bill an appropriation of $280,000 tor XV--258 4114 CONGRESSIONAL RECORD-SENATE.' MAY 13,

the purpose of ma,intaining them. We have appropriated annually for Mr. PLUMB. Thereisatreatybetween theselndiansandthe United the last :fifteen years from three to four hundred thousand dollars for States which requires us to do this thing; and not only that but almost the maintenanee of these Indians. Now, if there is any method by all, infactall but these have already been paid byanappropriationmade which the coaJ on the reservation can be utilized for their support, or last year in the same way on the same bill, and these claims have since if there is a method whereby they can themselves be induced in some been sent down from the Interior Department. This is simply carrying way to mine the coal with the aid of the Government, it certainly will out the plan adopted by Congress at a previous session. be of great advantage, and whatever that advantage is it should inure The PRESIDENT pro tempore. Does the Senator from Wisconsin in either to the Indians or to the United States. sist upon his point of order 't .There are men, as I understand, who claim to have settled upon one 1tlr. CAMERON, of Wisconsin. I think I shaJI not insist. hundred and sixty acres of this reservation and to have pre-emption The PRESIDENT pro temp01'e. The Chair will put the question on rights there. They have no such rights. Others have claimed that the amendment. they have taken a lease, and so on. Of course uo lease is vaJid made The amendment was agreed "to. with an Indian tribe. Therefore there are no rights here that the The reading of the bill was resumed. The next amendment of the Government of the United States, in my judgment, is bound to pro Committee on Appropriations was, after line 1422, to insert: tect. But we are without precise information, and I think it is very To pay the following-named claimants, or their legal representatives, in full wise that a commiSsion of proper persons be sent there to give the Gov satisfaction of their claims for damages caused by the Ute Indians at the time ofthe Ute massacre at the White River agencyinl879, to be paid from the funds ernment full information in reference to this situation, and then the belonging t<> the confederated bands of Ute Indians, namely: To Josephine Congress of the United States can deal with the question, not in the Meeker, $4.60; Mrs . .A.. D. Meeker, $778.85: Sophronia E. Price, $701.50; Sarah M. interest of speculators or adventurers, but in the interest of the Gov Post, S500; W. E. Eskridge, $220; George T. Dresser, $881; George L. Shepard, $108; Thomas T. Thompson, $203; Albert .A.. Woodbury, $79.50; F. L. Mansfield, ernment of the United States and these Indian tribes. $18'/.25; McLane and Dillman, S300; in all 54.,419.10. The PRESIDENT pro tempm·e. The question is on the amendment proposed by the Senator from Iowa [Mr. ALLISON] to the amendment Mr. FARLEY. There was an amendment referred "to the Committee of the Senator from Maryland [Mr. GORMAN]. on Appropriations to allow the claim of J. M. Hogan, of California, for The amendment to the amendment was agreed to. depredations committed by the Shoshone Indians,·and the Secretary of The PRESIDENT pro temp01'e. The question now is on the amend the Interior in making an estimate of the amount of claims estimated ment as amended. this claim at 6, 600. There has been no- appropriation for it, and under The amendmellt as amended was agreed to. the Revised Statutes, I understand, none of these claims can be paid Mr. PLUMB. I wish to call the attention of the Senator from Mas until there is an appropriation for that purpose. The committee failed sachttsetts to the paragraph beginning at line 1383. That paragraph "to make the amendment. I have submitted it in writing to the com seems to commit to the commission to be appointed tpe authority to de mittee, and I propose at this stage of the bill to insert on page 59, line termine absolutely, without any supervision by anybody, what changes 1440, after the word "dollars:" are necessary to be made, &c. Now I suggest that in line 1386 the The sum of $6,600 to pay the claim of J . M. Hogan, of Stockton, Cal., for depre dations committed by the Shoshone Indians, which claim has been examined words ''determineupon'' bestrickenout, andtheword ''examination'' and allowed by the Secretary of the Interior. be changed to ''examine'' and the word ''report '' be inserted there. Mr. DAWES. That is right. The tribe by which the depredations were committed were the Sho Mr. PLUMB. Soastoread "examineandreport." Imovetomake shone tribe. The papers were submitted to the Secretary of the In it read: ~ terior, and this claim is mentioned with a number of other claims sim .A. commission of three persons to examine and report wha.t changes should ilarly situated, but none of them, I presume, have applied for relief on be made in the boundary lines of Indian reservations. the present appropriation bill. I now offer the amendment and ask The PRESIDENT pro tempore. The Senator from Kansas moves in the Committee on Appropriations the reason why it was not reported. line 1386 to strike out the words "determine upon examination" and The Secretary ofthe Interior says: insert in lieu thereof "examine and report." Is there objection to DEPARTMENT OF THE INTERIOR, this amendment? The Chair hears none, and it is agreed to. Washittglon, December 5, 1883. Sm: I have the honor to transmit herewith, in compliance with the first clause Mr. DAWES. The word "determine" is used in the amendment of section 445,Revised Statutes, the accompanying abstract showing nature, which I caused to be inserted. character, and amount of all claims presented to the Secretary of the Interior :Mr. PLilliB. That I did not observe. since date of last report, December 6, 1882, for compensation for depredations committed by Indians, with his action theroon, and the evidence upon which Mr. DAWES. I agree it would be better to change that aJso and this a.ction is based. use the word '' report '' instead of '' determine.'' The claims are numbered 1 to 62 inclusive. The PRESIDENT pro temp01'e. The Senator from Massachusetts Very respectfully, . M. L. JOSLYN, Acting See1·etary. asks unanimous consent to amend the amendment agreed to on his The SPEAKER of the House of Representatives. motion which now reads ''and also to determine what changes are nec essary.'' · I have not the other papers that have been filed in the case, but this ~Ir. DAWES. So as to make it read: is a letter from the Secretary of the Interior. When the claim was first .A.nd also t<> report, upon examination, what changes are necessary in the lo filed the claimant asked 8,000. It has undergone a thorough investi cation of the Rosebud, Lower Brule, and Cheyenne River agencies. gation, and the Department finds that there is $6,600 due to him; but The PRESIDENT pro tempore. Is there objection? The Chair hea;rs it requires an appropriation before that money can be paid, and I am none, and this amendment will be made. of the opini~n that this appropriation bill is the proper place "to offer The r~ding of the bill was resumed. The next amendment of the the amendment. Committee on Appropriations was, after line 1391, to insert: Mr. ALLISON. Will the Senator tell me what is the number of the To enable the Seminole Indians now in Florida. to obtain homesteads upon document from which he reads? the public lands, and to establish themselves thereon, $6,000. Mr. FARLEY. House of Representatives, Executive Document No. The amendment was agreed to. 23, Forty-eighth Congress, first session. The next amendment was, after line 1394, to insert: The PRESIDENT pro tempore. The Senator from California pro To pay the following claimants, named in the letter of the Secretary of the In poses an amendment. terior of February 20,1884, being House Executive Document No. 102, Forty l!Ir. ALLISON. I raise the point of order. eighth Congress, fu-st session, for damages suffered from the raid of the North The PRESIDENT pro tempore. The amendment will first be read. . ern Cheyenne Indians in September, 1878, to be paid from the unexpended ool ances of treaty funds belonging to the Northern Oheyenne and Arapaho Indians, . Mr. FARLEY. The amendment was offered in writing, and I have which are hereby reappropriated for the purpose, namely: To Mrs. M. Smith, noted in pencil the plaee where it is to come in. $295; Mrs.E.J.Humphrey,$623; JohnR.Vancleve,$24.0; Peter D . .Adams, W>; The PRESIDENT pro temp01'e. Will the Senator send to the Chair Robert Bridel, $585.85; James Bailey, $110; N. W.Rider, $61.50; J.J.Keefer, $70; Henry Rathbon, $45; E. D. Stillson, $40; Patrick Drohen, $491.50; Mary Hamper, what he considers to be the estimate of the Department? $55; John McKenzie, $128.50; Lizzie Steffen, $80; J.B.Jennings,$88; ThomasL. Mr. FARLEY. Yes, sir. Collins,$700; WenzelRa.ha.u,$80; FranzTacha,$100; JosephOilek, 150; George The PRESIDENT pro temp01'e. The amendment will be read. M. Miller, $40; estate of J. Erwin, $305; in all, $4,348.35. The CHIEF CLERK. In line 1440, after the word" dollars," it is pro Mr. CAltiERON, of Wisconsin. I suppose the amendment is liable posed to insert- "to a point of order? Six thousand six hundred dollars for paying the claim of J. 1\L Hogan, of 1111-. PLUMB. It is "to carry out a treaty stipulation. Stockton, Cal., for depredations committed by the Shoshone Indians, which The PRESIDENT pro tempore. The Chair supposes it to be in order claim has been examined and allowed by the Secretary of the Interior. as reported from a standing committee. :Mr. FARLEY. "Allowed" in the manner which the paper shows. Mr. CAMERON, of Wisconsin. Here is the rule: Ur. ALLISON. I make the point of order that it is a private claim. 4.. No amendment, the object of which is to provide for a private claim, shall The PRESIDENT pro temp01'e. The Chair finds that the section of be received to any general appropriation bill, unless it be to carry out the pro the statutes referred to, 445, requires the Secretary of the Interior "to visions of an existing law or a. treaty stipulation, which shall be cited on the · face of the amendment. make annual reports to Congress as follows: First. .A report showing the nature, character, and amount of a.ll claims pre The." existing law" or "treaty stipulation," so far as I am able to sented to him during the preceding year under laws or treaty stipulations for discover, is not "cited on the face of the amendment." . . compensation for depredationscommitt·ed by Indian , whether allowed by him The PRESIDENT pro tempore. The Chair thinks the Senator from or not, and the evidence upon which his action W!l$ based. Wisconsin is right. Another provision of the statutes requires that all estimates of gen- 1884. CONGRESSIONAL RECORD- SENATE. 4115 eral appropriations shall be submitted through the Secretary of the Mr. COCKRELL. I suggest to the Senator in.charge of the- bill that Treasury by the heads of the various Departments. The letter of the l fear we can not properly get through with the bill to-day. Secretary of the Interior does not, the Chair thinks, appear to be an Mr. DAWES. I do not think there is anything now bnttoread the estimate, but is in pursuance of that statute which requires him to re bill straight through. There are only three pages. If the Senator port to Congress stating the facts. The letter under date of December thinks we can not get through them, I shall not insist, but I shonld 5, 1883, addressed by the Secretary of the Interior to the Speaker of prefer to make the effort. the House of Representatives, is, that in compliance with this section Several SEN ATOR.S. Go ahead. which the Chair has read he transmits- · Mr. DAWES. The committee have nothing to add. !'he accompanying abstract showing nature, character, and amount of all Mr. COCKRELL. If there is to be no further controversy, only a claims presented to the Secretary of the Interior since date oflast report, Decem mere reading through of the bill, I shall not insist on an adjournment; ber 6, 1882, for compensation for depredations committed by Indians, with his but if there is to be a controversy on anything, I think the bill had action thereon and the evidence upon which his action is based. better go over. The Chair does not think that this comes within the statute and the Sections 2 and 3 of the bill were read. rule in regard to estimates of appropriations, and when applied to pri Ur. DAWES. At the suggestion of my colleague [Mr. HoAR], the vate claims the Chair thinks the section, 445, is not a provision of exist word "contingency," in line 7 of section 3, should be "exigency." I ing law which requires an appropriation for any such purpose. The move to strike out "contingency" and insert "exigency." Chair, therefore, is obliged to sustain the point of order. The amend The amendment was agreed to. ment is not to carry out the provisions of an existing law. The law Section 4 of' the bill was read. The next amendment of the Com only requires the Secretary to report for the information of Congress mittee on Appropriations was to add to section4 the followingproviso: the facts in his possession. And provided further, That the Secretary of the Interior, under the direction Mr. FARLEY. The report is made to one branch of Congress and of the President, may use any sums appropriated in this act for subsistence, and not absolutely necessary for that purpose, for the purchase of stock cattle the papers are before Congress. It is a mere technical proposition to for the benefit of the tribe for which such appropriation is made, and shall re say that the report has not been before Congress. port to Congress, at its next session thereafter, an account of such purchases. The PRESIDENT pro tempore. The Chair does not refer to this pa .MI. DAWES. After the word "made " I move to insert the words per in that connection. The Chair states that in his opinion this paper ''or for the assistance of such Indians in making them farmers.'' is not an estimate from theheadofaDepa.rtment;butasaprivateclaim The amendment to the amendment wa8 agreed to. the rule does not allow it to be put as an amendment on an appropria The amendment as amended was agreed to. tion bill, even if estimated for, unless it is to carry out the provisions of Sections 5, 6, 7, 8, and 9 of the bill were read. an exis.ting law, which has always been held to be a law which showed The next amendment of the Committee on Appropriations was to that the UnitedStatesowedasumofmoneywhich oughtto be paid, and insert as an additional section the following: this law which is referred to does not provide for the payment of any SEC. 10. That no part of the expenses of the publio-lands service shall be de thing. ducted from the proceeds of Indian lands sold through the General Land Office, Mr. FARLEY. The law is that none of these claims shall be ·paid except as authorized by the treaty or agreement providing for the disposition of unless there is an appropriation for that purpose. the lands. The PRESIDENT pro tempore. Precisely; but that does not make The amendment was agreed to. it a provision of existing law which it is necessary to pass an appropria The next amendment was to insert as an additional section the fol- tion to carry out. It is a provision for furnishing information to Con lowing: · Sxc. 11. That at any of the Indian reservations where there is now on hand Gov gress. It is perfectly competent for the Senator from California to in ernment property notrequired(orthe use and benefitoftheindians at said reser troduce an independent bill, which the Senate has a perfect right to pass; vations the Secretary of the Interior is hereby authorized to move such property but the rule of the Senate declares that no amendment for a private to other Indian reservations where it may be required, or to sell it and apply the proceeds of the same in the purchase of such articles a.s may be needed for the claim, as this clearly is, shall be received to a general appropriation use of the Indians for whom said property was purchased; and he shall make bill unless it be to carry out the provisions of an existing law or treaty report of hi action hereunder to the next session of Congress thereafter. obligation. The law does not declare that the United States owes any The amendment was agreed to. obligation in this case, as the Chair understands it. The question is Mr. DAWES. I want to change two words in section 4, in the amend on agreeing to the amendment reported by the Committee on Appro ment there adopted. I move to strike out, in line24 of that section, the priations to insert from line 1423 to line 1441. words '' such purchases '' and insert the words '' his action unde1· this The amendment was agreed to. provision;'' so as to read that the Secretary of the Interim- The reading of the bill was resumed. The next amendment of the Shall report to Congress, at its next session thereafter, an account of his action Committee on Appropriations was, after line 1441, to insert: under this provision. '£hat such Indians as may now be located on public lands, or as may, under The PRESIDENT pro tempore. The Senator from Massachusetts asks the direction of the Secretary of the Interior, so locate during the year for which unanimous consent make the amendment indicated in an amendment thi appropriation is made, may avaH themselves of the provisions of the home to stead laws as fully and to the same extent as may now be done by citizens of already adopted in section 4. Is there objection? The Chair hears the United States; and to aid such Indians in making selections of homesteads none, and the amendment is agreed to. and the nece ary proofs at the proper land offices, $1,000, or so much thereof as :Mr. PLU:hiB. In section 1, line 306, an amendment was made to the may be necessary, is hereby appropriated; but no fees or commissions shall be charged on account of said entries or proofs. All patents therefor sha.ll be of amendment of the committee on my sugge tion, and I am not entirely the legal effect, and declare that the United States does and wiU hold the land satisfied with it. I propo e to change it so that it will read: thus entered fur the period of twenty-five years in tl'ust for the sole use and And shall be dispo ed of to actual settlers under the homestead laws only, ex benefit of the Indian by whom such entry shall luiNC been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where cept, &c. such land is located, and that at the expiration of said period the United States The PRESIDENT pro tempore. The Senator from Kansa asks unan will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever. imous consent to amend an amendment agreed to in section 1, line 306. It will be reported. Mr. DAWES. In line 1444, after the word" Interior" I move to The SECRETARY. In section 1, line 306, after the word '' be,'' it is. insert ''or otherwise,'' so as to read ''under the direction of the Secre proposed to strike out "subject to settlement and entry" and in lieu... tary of the Interior or otherwise." thereof to insert "dispo ed of;" so as to read: - 1r. HOAR. I suggest to my colleague whether the words "widow And shall be disposed of to actual settlers under the home tead laws only~ and' should not be inserted in line 1457, so that in case of lawful The PRESIDENT pro tempore. Is there objection to this amend'_, marriage the right of dower of the widow should be preserved. ment? The Chair hears none, and it is agreed to. Ur. DAWES. I think that should be so. Mr. PLUMB. On page 38, after line 914, I move to insert: The PRE IDENT pro tempore. The question now is -on agreeing Th~e thousand dollars, or so much t.hereof as may be nece sary, to enable the to the amendment proposed by the Senator from Massachusetts [Mr. Presi

. 4116 CONGRESSIONAL RECORD-SENATE. MAY 13,

Mr. DAWES. On the forty-third page, in line 1043, there is a typo for his retention. And when the Commissioner of Indian Affairs at graphical error. The name of the Indians there should be "Quil-leh Washington asks both branches of Congress to secure his retention, and utes," instead of ''Quil-len-utes." he says in his letter how difficult it is to fill the place, it is due to the Mr. COCKRELL. They will never know it. [Laughter.] service and due to the people of that section, when the salary is placed The SECRETARY. It is proposed to strike out the letter '' n '' in at less than that of several agents in the service, that it should be in "Quil-len-utes" and insert the letter "h." creased. It is but little to ask in the interest of good order, in the in The amendment was agreed to. terest" of ~he people of New Mexico and Arizona, that what can be done Mr. MANDERSON. I move to amend, on page 4, lines 76 and 77, to retain such a man in the service should be done. by striking out the words " eighteen hundred dollars " and inserting The PRESIDENT pro temprFre. The question is on the amendment "$2,000;" so as to read: of the Senator from Nebraska [Mr. MANDERSON]. At the Mescalero agency, at $2,000. The amendment was agreed to. . 1\Ir. DAWES. I am very sorry to be obliged to raise a point of order Mr. DAWES. That requires an amendment of the sum total ap there. propriated for pay of agents. In line 118 there should be added $200 The PRESIDENT pro tempore. The Senator from Nebraska moves to the total amount of $90,300. an amendment, on line 76, to strike out '' 1, 800 '' and insert '' $2,000. '' The PRESIDENT pro tempore. The Senator from l\lassachusettss Mr. MANDERSON. I ask unanimous consent to make this change moves to strike out "three" and insert "five;" ·SO as to read $90,500. at this time. The amendment was agreed to. Mr. DAWES. I withdraw the point of order. The bill was reported to the Senate as amended. Mr. MANDERSON. I desire to call attention to the f&d that the Mr. DAWES. A verbal amendment is needed which the Secretary Commissioner of Indian Affairs strongly recommends that the pay of has called my attention to. In line 3 of the amendment on page 8, at this agent be increased. He is a most efficient officer, Major Llewellyn, the end of line 159, the words "not to exceed 2,000" should be in known, I think, to the Committee on Indian Affairs certainly, and he has serted after the word '' commission,'' instead of after ''balances; '' so received the very highest commendation from General Crook and Gen as to read: eral Mackenzie, commanding in Arizona. He is certainly a very effi And any unexpended balances of appropriations for the expenses of said com cient officer. There has laU}ly been added to this officer the care of mission, not to exceed $2,000, are hereby appropriated. another band of Indians, numbering, I think, very nearly 1,000, which The PRESIDENT pro tempore. Is there objection to this amend increases the duties and responsibilities of this agency. I hope the ment? The Chair hears none, and it is agreed to. agent will be placed on a par with those who are receiving at this time The amendments made as in Committee of the Whole were con a compen.sation of$2,000 per annum. curred in. Mr. DAWES. The House cut down this agent's salary from $1,800 The amendments were ordered to be engrossedand the bill to be read to 1,500. The Committee on Appropriations of the Senate proposed a third time. to restore it, and the Senate has restored it to $1,800. The motion of The bill was read the third time, and passed. the Senator is to increase it above $1,000. I have no doubt that he is MESSAGE FROM THE HOUSE. a worthy agent, and the duties of the agency are very onerous, but A message from the House of Representatives, by Mr. CLARK, its still if we commence raising the salaries of these agents I do not know Clerk, announced that the House had passed the bill (S. 153) providing where we shall stop. . a civil government for Alaska. Mr. ?!!ANDERSON. I ask the Senator from Massachusetts whether The message further announced that the House had passed a bill (H. he does not know the fact that the duties of this agent have been very R. 4359) in relation to the Legislature of Dakota Territory; in which it largely increased within the last year? requested the concurrence of the Senate. Mr. DAWES. What the Senator says in. respect to this agent I know to be true, an:d I know that it is difficult for the Department·to keep ENROLLED BILLS SIGNED. this particular agent there; but we have sixty-eight Indian agents. The message also announced that the Speaker of the House had That is the answer which I make. signed the following enrolled bills; and they were thereupon signed by Mr. VANWYCK. I ask if this has not been a particularly difficult the President pro tempore: · band of Indians to control? .A bill (S. 316) granting a pension to Katharina T. Wunsh; Mr. DAWES. That is so. A bill (S. 1369) to prevent and punish counterfeiting within the :Mr. VANWYCK. The Department had nobody that could control United States of notes, bonds, or other securities of foreign govern them-- ments; and Mr. COCKRELL. I move that the Senate adjourn. A bill (H. R. 2267) granting an increase of pension to Samuel C. Mr. VANWYCK. This will take only a moment. Wright. ~Ir. COCKRELL. Very well; I withdraw the motion. SOLDIERS' AND SAILORS' PENSIONS. The PRESIDENT pro tempore. The Senator from Nebraska is en Mr. CULLOM. I ask leave at this time to introduce a bill. I de titled to the :floor. sire to state that this is a bill in regard to pensions, and contains pro 1r1r. VAN WYCK. This band was very difficult to control. The visions of bills heretofore introduced by other Senators, and also some community there were at themercyofthese Indians. Theywerecom suggestions of the Grand Army of the Republic. I ask that it be printed, mitting murder and robbery. Major Llewellyn, by reason of the rep so that the committee may have it before them. utation he had earned in another branch of service, had arrested the The bill (S. 2208) to provide pensions for certain invalid soldiers and .attention of the Indian Department and he was solicited to take this sailors who have been discharged from the Army or Navy of the United place, unsought by himself or unasked by his friends. He was solic States after three months' service therein during the war ofthe rebell ited because of his known character for bravery, judgment, and discre ion, and for the widows and dependent parents of deceased pensioners, tion to take charge of this band of Indians, and he did it, and he has and to increase the rate of pension in certain cases, and for other pur served the Department so well and the interests of that section of the poses, was read twice by its title, and referred to the Committee on country so well that the Department themselves asked tha.t his salary Pensions. · should be raised to $2,000 a year. Attention was called to the fact that POLYGAMY IN UTAH. Mr. Llewellyn was about to leave the service, could not stay there on Mr. HOAR. I move that the Senate proceed to the consideration of the terms allowed, and the Department themselves asked him tore Order of Business 112, being Senate bill1283, known as the Utah bill. main. The Commissioner of Indian Affairs sent a communication in The PRESIDENT pro temprFre. The question is on the motion of regard to Mr. Llewellyn, in which he stated: the Senator from Massachusetts. If his salary is not incr.eased he will not remain, and it will be very difficult to fill his place. Inadequate compensation drives off the Indian agents that The motion was agreed to; and the Senate, as in Committee of the are good for anything, and leaves the service to be conducted by men who are Whole, proceeded to consider the bill (S. 12 3) to amend an act entitled broken down physically or politically or financially. "An act to amend section 5352 of the Revised Statutes of the United That is the statement of the Commissioner himself; and in that con States in referen~ to bigamy, and for other purposes,'' approved March nection it is proper to state that not very long ago I received, in the 22,1882. interest of that section of New Mexico where many bands of the BUREAU OF LABOR STATISTICS. Apaches reside, a letter from the former chief-justice of the Territory, Mr. BLAIR. I wish merely to give notice that I will to-morrow earnestly asking that whatever could be done to retain Major Llewel morning at the conclusion of the morning business, as a matter of ac lyn in the control of these Indians should be done; and he spoke of commodation to Senators who desire to leave the city, ask to take up the benefit of his services to that entire section of country. Order of Business No. 529, being the bill (H. R. 1340) to establish As my colleague has said, the commanding generals of that depart and maintain a bureau of labor statistics. I think we can dispose of ment for the last two or three years have been profuse in their expres it during the morning hour. sions of admiration for the gallantry and bravery of the man who has Mr. CAMERON, of Wisconsin. I shall insist on proceeding with the the control and management of these Indians; and much is due to a Calendar. person like Major Llewellyn, who has earned this character and this Mr. COCKRELL. I shall join in that. reputation. He has shown ability in the service, and he is not only !Ir. CONGER. I move that the Senate adjourn. faithful and brave, but intelligent and discriminating, so much so as The motion was agreed to; and (at 6 o'clock p.m.) the Senate ad to call from the officials in that Territory, civil and military, requests journed. 1884. CONGRESSIONAL RECORD-HOUSE.

HOUSE OF REPRESENTATIVES. of the joint resolution and amendment and for their present considera tion? TUESDAY, May 13, 1884. l\Ir. HOL IAN. I hope the right to object will be reserved until the gentleman from California will explain what particular claims are to be The House met at 11 o'clock a.m. Prayer by the Chaplain, Rev. considered under this joint resolution as arising between the years 1 51 JOHNS. LINDSAY, D. D. and 1861. l\Ir. BEACH. I move by unanimous consent that the Clerk omit The SPEAKER. The right to object will be reserved and by unani the reading of the purely formal part of the Journal of yesterday's pro mous consent the gentleman from California will be allowed to submit ceedings relating to the introduction and reference of bills and joint his statement. resolutions. l\Ir. ROSECRANS. 1\:lr. Speaker, theobjectofthisamendment is to There being no objection, it was ordered accordingly. correct an inadvertence occurring in the passage of the bill .which this The Journal of yesterday's proceedings, with the above exception, was joint resolution proposes to amend. That inadvertence consists in this: then read and approved. In providing as it does for the settlement of Indian claims in the sev D. 0. RILEY. eral States and Territories, including California. The member who in Mr. ROBERTSON, by unanimous consent, introduced a bill (H. R. serted the name of the State of California was unaware of the :fu.ct that 7008) for the relief of D. 0. Riley; which was read a first and second no Indian war claims whatever on the part of the State of California time, referred to the Committee on War Claims, and ordered to be existed subsequent to the time of the commencement of the period proper printed. and satisfactory in reference to the other States and Territories. But, JOHN KNOCKM.AN. on the contrary, claims reported in this House beginning in 1851 were Mr. ROBERTSON, by unanimous consent, also introduced a bill (H. embraced in the bill that had been put on the Calendar. That mem R. 7009) to remove the charge of desertion from the record of John ber, not adverting to that fact, failed to call the attention of the House Knockman, late private Company K, Fifty-fourth Ohio Volunteer In when acting on the bill-that is, to the date California Indian claims fantry; which was referred to the Committee on Military Affairs, and commenced. Now the object of this is to have the Indian claims of ordered to be printed. California settled with those coming from other States and Territories. LABOR COMMITTEE. Mr. HOLMAN. Let me ask the gentleman from California whether Mr. HOPKINS. Mr. Speaker, I ask by unanimous consent to sub these claims coming from California occurring between 1851 and 1861 mit for present consideration a resolution which I send up to the Clerk's were not adjusted at one time by a commission and provision made by desk to be read. law for their payment? The Clerk read as follows: Mr. ROSECRANS. A commission formerly settled those claims and Ruolved, That Wednesday, May 21,1884, be set apart for the consideration of paid a part of them; the remainder only failed to be paid because there bills reported by the Committee on Labor, to wit: H. R. 2550, in reference to im was not money enough. ported labor; H. R. 65fi, eight-hour law, and H. R. 995, convict labor. l\Ir. HOLMAN. Then what else is there to do but to pay the bal Mr. MILLS. I object. ance of the money due to the State of California? IMPROVEII!ENT OF BAR AT SANDY HOOK. l\Ir. CASSIDY. There is no provision in this joint resolution to pay anything. It is merely making provision for the adjustment of these Mr. HEWITT, of New York, by unanimous consent, presented ape claims of the State of California. 4 tition of the Chamber of Commerce of the city of New York, for the Mr. HOLMAN. Butifthere has been an adjustment already, ifthere improvement of the bar at Sandy Hook; which was referred to the Committee on Rivers and Harbors, and ordered be printed in the were some of.these accounts which were settled and paid, why not pro to vide for the settlement of what remains rather than provide for another RECORD. commission? The petition is as follows: · Mr. CASSIDY. It did not go far enough ba~k to include the claims CHAMBER OF COMMERCE OF THE STATE OF NEW YoRK. in California. This joint resolution includes those claims which were At the annual meeting of the Cha.Inber of Commerce, held May 1,1884, the fol before not included. lowing preamble and. resolutions were unanimously adopted: Whereas the memorial to Congress of the merchants, ship-owners, and others Mr. HOLMAN. Then, if I understand the gentleman from Cali interested in the commercial prosperity of the port of New York, praying for fornia, these accounts have been already adjusted and partly paid, and the improvement of Sandy Hook bar, ha.s been formally approved by the Legis latures of New York and New Jersey respectively, the only question now is with reference to a claim for the remainder? Resolved, That the Chamber of Commerce of the State of New York hereby 1\:lr. ROSECRANS. Between thirty and forty thousand dollars re approves the said memoria.I, and that the standing committee on the harbor and main unpaid. shipping be authorized and empowered to adopt such measures a.s they may deem suitable and proper to promote the immediate passage by the Senate and Mr. BLOUNT. Let me ask the gentleman iftheseclaimshave been House of Representatives of the United States of a. law making provision for already adjusted by the commission whether the effect of this resolu deepening and improving the approaches to this port. tion would not be to reopen all of the claims which have been rejected Ruolved, That a copy of the foregoing preamble and resolution, authenticated by the commission ? . by the seal of the chamber and by the signatures of its officers, be transmitted to the President of the United States and to both Houses of Congress. l\fr. ROSECRANS. By no means; it has no effect upon them. It JAS. M. BROWN, President. enables the State of California simply to get at its proportion of this A true copy. indebtedness without further legislation. Unless this addition is made GEORGE WILSON, Secretary. to the present resolution there would necessarily be another bill intro INDIAN WAR CLAIMS. duced for the same purpose. There was a bill reported by the last Con Mr. ROSECRANS. Mr. Speaker, I move by unanimous consent that gress which related to this very subject, but it was not complete in this the Committee of the Whole House on the state of the Union be dis respect. Now I want to get this resolution amended in some way so charged from the further consideration of the joint resolution (H. Res. that the State of California may have the opportunity to get that which 172) amendatory of the act of June 27, 1882, entitled "An act to au is acknowledged to be due. There is no question as to the right ofthe thorize the Secretary of the Treasury to examine and report to Con claim, but it must be adjusted and this insertion of the State of Cali gress the amount of all claims of the States of Texas, Colorado, Oregon, fornia in the bill of 1882 was of no effect so far as the State's intere t Nebraska, California, Kansas, andNevada, and theTerritoriesofWash was concerned without inserting the date from which the claim should ington and Idaho, for money expended and indebtedness assumed by be considered. said States and Territories in repelling invasion and suppressing Indian l\Ir. BLOUNT. But let me ask the gentleman why it is iftheclaims hostilities, and for other purposes.'' have been adjusted by a commission it is necessary that the Treasury The SPEAKER. The joint resolution and the accompanying amend Department should go over the whole ground again? ment reported from the Committee on Military Affairs will be read Mr. ROSECRANS. In reply to the gentleman from -r." 1\:lr. BLOUNT. But I understand that you are not content with that. The proposition is to have the Treasury Department re-examine all of The SPEAKER. The amendment reported from the Committee on the claims. That would be the effect of it. l\Iilitary Affairs will now be read. Mr. ROSECRANS. The gentleman from 'Georgia misunderstands The Clerk rend as follows: the case if he understands that to be the condition of it. Add at the end of section 1 of the said act the following : The fact is this: The State of California issued certain bonds to pay "P·rovided, That such claims in the State of California arising on and after the 1st day of January, 18a1, shall be examined and investigated as aforesaid." the expenses of the Indian war; and in 1853 provision was made for the payment of these bonds, with interest then due. _ The SPEAKER. Is there objection to discharging the Committee But the Secretary of War a.

should be examined, and that the vouchers should be considered by the ·we have been assigned a day for the c.-onsideration of reports from that Treasury Department in Washington before payment was authorized. coJ:DJp.ittee. The result of that was a delay in the adjustment of the accounts for ORDER OF BUSINESS. a period of two or three years. During all of that time the interest was , Mr. EVINS, of South Carolina. I demand the regular order. accruing on the bonds, and finally when a decision was reached in the The SPEAKER. By a special order of the Honse this day immedi case, and the money ordered to be paid, the sum which had been ap ately after the reading of the Journal has been assigned for the consid propriated for the purpose was not sufficient to cover the bonds and the eration of bills reported from the Committee on the Territories. The overdue coupons. Moreover, at that time there were about 30,000 of these bonds which had not then been presented. So that these bonds gentleman from South Carolina [I\fr. EVINs] is recognized. which had not been adjudicated-or presented and the overdue coupons CIVIL GOVERNMENT FOR ALASKA. and accrued interest was the portion of the indebtedness which could not be liquidated with the sum pla{led at the disposal of the Govern ¥r. EVINS, of South Carolina. By instructions of the Committee on ment. The Government therefore applied the sum to the redemption Territories, I desire to take up as the :first bill for consideration the bill of such bonds· as it could cancel, and left some bonds uncanceled to the (S. 153) providing a civil government for Alaska. Inasmuch as there amount that I have stated and also the overdue coupons. It is there has been some difference of opinion as to whether that bill is excluded fore these coupons and the accrued interest claimed by these parties by the terms of the order I ask unanimous consent to take it up. I do upon the overdue coupons and the unpresented bonds for which the not think myself it is embra{le<} within the terms of the order of the .adjustment is sought to be made by the Treasury Department. The House, but to avoid any controversy on the point I ask unanimous con sent that it may be considered. ()bject of this r~olution is to enable the State of California to come in under the operation of the provisions of this joint resolution and have There was no objection. her claim reached. There is no benefit to California by the passage of The SPEAKER. Does the gentleman· desire to discharge the Com this resolution in its present form and without the modification sug mittee of the Whole House on the sta.te of the Union from the consid gested, for it does not reach our case at all. It was not known by the eration of the bill? person who inserted the name of California in the bill that the claims Mr. EVINS, of South Carolina. Yes, sir; I ask that it may be con sidered in the House. began in 1 51 and not in 1861, being the period covered by this joint Mr. HOLMAN. I think the bill should be considered in Committee resolution. of the Whole. Mr. BLOUNT. Will the gentleman from California allow another Mr. RANDALL. The gentleman from South Carolina had better question? .Mr. ROSECRANS. Certainly. agree to that. Mr. BLOUNT. Has this matter to which he now refers been sub Mr. EVINS, of South Carolina. I consent to that; and I move that mitted to the commission-the question with reference to these over the House resolve itself into Committee of the Whole Honse on the state of the Union. due coupons and outstanding claims? Mr. ROSECRANS. With reference to the overdue coupons? The motion was agreed to. Mr. BLOUNT. Yes. The House accordingly resolved itself into Committee of the Whole :Mr. ROSECRANS. I have already stated the condition. In order House on the state of the Union, Mr. Cox, of New York, in the chair. to make it more clear, I will repeat that when the vouchers were brought The CHAIRMAN. The House is in Committee of the Whole House to Washington and examined, as required by the Secretary of War, and on the state of the Union for the purpose of considering bills reported provision made for the payment of the money, the time that elapsed by the Committee on Territories. The Clerk will report the title of the :first bill. was such that there was not money enough to pay the principal and The Clerk read as follows: a{lCrued interest. Had the whole amount been paid at that time it would probably have been sufficient, but since that time this inter A bill (S. 153} providing a civil government for Alaska. est has accrued. But there were 30,000 worth of bonds which had Mr. EVINS, of South Carolina. I ask unanimous consent to dis- not been brought before the commission, so that there are these 30,000 pense with the :first and formal reading of the bill. · of bonds and the overdue coupons to be paid. The merl who owned There was no objection. the overdue coupons took the money so far as it went and kept the Mr. EVINS, of South Carolina. The establishment of some form of coupons which were detached by the commissioners appointed for the government for the Territory of Alaska is demanded by every consid redemption of them, because there was not money enough to pay them. eration of national honor and good faith. By the stipulations of the Now, the men who held the $30,000 of unpaid bonds and the overdue treaty the people of that Territory who transferred their citizenship coupons are the claimants in these Indian claims. Of course they lay to the Government of-the United States are entitled to the protection cla.im to interest on the overdue and unpaid coupons. That is the un of their property and their lives, and these guarantees are made by the adjusted part of the claim. stipulations of the treaty. For seventeen years, 1\fr. Chairman, we have Mr. CASSIDY. Let me ask the gentleman from California if this neglected to provide any sort of government for the people of this Ter .does not simply involve the question of the adjustment of a claim for ritory, in violation of the treaty obligations and in violation of good some thirty to forty thousand dollars in Califomia for which provision faith to those people who have trusted us; and we now ask this Con was supposed to have been made in a preceding bill? gress to-give them something like a civil government. We do not ask Mr. ROSECRANS. Yes, sir; that is all. any expensive government. This bill does not provide anything of the l\1r. BLOUNT. I think it may go considerably further. kind. It simply provides for the appointment of a governor, of a United Mr. CASSIDY. And the subject will COJ:p.e again before Congress States district court judge with circuit court powers, of a district at after the report upon the chara{lter of these claims is made when the torney, of a marshal, of a clerk, and of four commissioners. In other money is to be appropriated ? words, with the exception of the office of governor, it simply creates a Mr. ROSECRANS. Of course. judicial district of the Territory of Alaska. To-day there is no sem :Mr. BLOUNT. I do not see how that is to be. blance of law in that va-st Territory. Whatever property and rights ?tir. BLANCHARD. I desire to ask the gentleman from California those people may have are at the mercy of any adventurer or of the (l\1r. ROSECRANS] if this joint resolution has been reported favorably mob. by any committee of the House? . Mr. BLOUNT. Will the gentleman allow me to ask him what laws Mr. RO ECRANS. Certainly. It has been reported favorably by operate there? the Committee on Military Affairs, and has been referred to the Com Mr. EVINS, of South Carolina. Under the provisions of this bill the mittee of the Whole House on the state of the Union. general. laws of the State of Oregon are made operative in this Territory, The SPEAKER. Is there objection to the present consideration of so far as they are not inconsistent with this bill or with the laws of the the joint resolution? United States; and all laws of the United States applicable to Territo- Mr. BLOUNT. I object. ries are made applicable to this Territory. · Mr. BLOUNT. How about changes ofthelaw, should theybecome AMENDMENT OF THURMAN ACT. necessary? Mr. POST, ef Pennsylvania. I desire to make a privileged report. ?tfr. EVINS, of South Carolina. The bill does not provide for that. In pursuance of leave heretofore granted I present the views of the This Congress can change them if deemed advisable. According to the minority of the Committee on Pacific Railroads on the bill (H. R. 6771) best information obtainable in regard to the population of this Terri to amend an act entitled ''An act to aid in the construction of a railroad tory there are within its limits over 35,000 Indians of the various tribes. and telegraph line from the M:issoufi River to the Pacific Ocean, and to They have been variously estimated from thirty-five to fifty or sixty secure to the Government the use of the same for postal, military, and thousand. Of these Indians the Aleuts are the most intelligent. Some other purposes,'' approved July 1, 1862; also to amend an act approved of them are highly educated. It is said that the .first triangulations .July 2, 1864, and also an act approved May 7, 1878, both in amendment made on the coast of Alaska of the harbors there, and which form the of said :first-mentioned act. ba'3is of the coast survey of that Territory to-day, were made by edu The SPEAKER. The views of the minority will be printed with cated Aleuts. These Aleuts are described as being very thrifty, in the report of the majority. dustrious people, readily adapting themselves to the civilized habits of M:r. CASSIDY. I desire to state that I shall call up the business of the w bite man. In fact a large number of various tribes, some seven or the Committee on the Pacific Railroads on the very earliest day possible. eight thousand, ~re members of the Greek or Russian Church, and the 1884. CONGRESSIONAL RECORD-HOUSE. 4119 older people among them have been educated thr~mgh the means of sources of the Territory at present is something that was not taken that Church. into account when we purchased Alaska. I refer to the great seal-fish But since this Territory has passed into the hands of the United Sta,tes eries, which are established some two hundred miles or more north of little or no attention has been given to the matter of the education of the Alaskan peninsula, on ilie Saint George and Saint Paul Islands, these people, except what has been done through the missionary efforts small islands-about six miles by twelve in extent, !believe. The seal of some of the churches. The Presbyterian Board of Missions has a very company pays the United States Government $55,000 a year as rent for :flourishing school at Fort Wra.ngel, and there is anothar school at Sitka; these islands. Then they pay $2.62~as a royalty-upon every seal they but these are the only schools that are now provided for these people. are allowed to take, and they are allowed to take annually 100,000. It is said by those who know them that they are as fully qualified for This pays the Government annually the sum of $317,000, which is more citizenship, and will adapt ~hemselves ~ readily to_ the habits of the than 4 per cent. upon the purchase-money paid by the United States American people and to therr laws as did the Mencans who were re for this vast Territory, the amount having been, I believe, $7,200,000. ceived into citizenship in California, New Mexico, Texas, and Arizona. Mr. BLANCHARD. How many white people are t.here in the whole Therefore it may be said that a large body of these people arenow pre- Territory of Alaska? pared for citizenship. . . . . Mr. EVINS, of South Carolina. I stated a few moments ago, in There being no law to protect the white man m his property or life, answer to a question, the aggregate population according to the best in the white population at present is very small, though according to the formation the committee could get, which was very meager. The best estimates the committee can get it is increasing. There are prob country is so vast in its dimensions, the settlements are so fur apart- ably from seven hundred to eight hundred white people who may be Sitka, the capital of the Territory, being for instance 1,200 miles from said to be permanent residents of the Territory; and at certain seasons Oonalaska--you can hardly conceive of the extent of the Territory of the year the number of whites run up to twelve or fifteen hundred, without taking a map and looking at it. But scattered over this Ter when miners go there to engage in mining. ritory, so far as we can ascertain, are about seven hundred or eight However, we should not measure our duty to these people by the num hundred permanent white residents. ber or the fewness of them. Wherever there is an American citizen he Mr. BLANCHARD. How many Indians? is ·entitled to all the advantages, immunities, and rights of every other l\1r. EVINS, of South Carolina. About 35,000. citizen, and the Government should feel bound to guarantee those Mr. TOWNSHEND. Are not some of those Indians semi-civilized? rights to him in some shape or form. Mr. EVINS, of South Carolina. Oh, yes, as I stated a while ago. As to the climate and resources of this vast region of country, about Mr. TOWNSHEND. I was not present. which I suppose a great many here have not taken the pains to inform Mr. EVINS, of South Carolina. There are 7,000 or 8,000 of those themselves, Iwouldsaythatit is not such an ice-bound desert as it was Indians, known as Christians~ who have adopted the dress and to a very described to be when :first purchased by :M:r. Seward. It is a country great extent the habits of the white people. They dress as our people the resources of which are as yet but little known. What we do know do, in clothing carried there by the merchants of this country. of them leads us to the conclusion that there are in that Territory vast In addition to the seal-fisheries the fur company realize more than, resources which may be developed to the great advantage not only of $1,000,000 a year from the land furs. Besides there is a very large busi- · the people there but of the whole country. ness done in the seal otter. The great chain of mountains running from Central America through Mr. BLANCHARD. Are there any great rivers in that country? Mexico, the United States, and British Columbia into Alaska is rich Mr. EVINS, of South Carolina. The largest· river on this conti throughout its whole length in the precious metals. · I have myself nent is in Alaska-the Yukon River, which is navigable for 1,500 or seen some specimens of the precious metals brought from Alaska, and 2,000 miles from its mouth, where it has a breadth ofseventy miles. there is reason to believe that they will yet be found there in large and The country is wonderful in its rugged mountains, in its smoking paying quantities. · In faet, a number of companies have already been volcanoe&, in its impenetrable depths of forest, as well as in resources, organized to prosecute a vigorous search for them, but they are un which are as yet unexplored. Few men have ventured into the vast willing to make any great venture without some power to guard and interior ofthe country. We may form some ideaofits vast extent when protect their rights; but even without law large shipments of bullion we remember that it is equal in area to one-sixth of the whole of the have been made. I saw an account of one the other day amounting to United States, including the Territories. The interior of the country some thousands of ounces of gold, I believe. along the Yukon River and from that up to the Arctic Sea is said to be Rev. Dr. Jackson and some others who have spent much time in the an ice morass. Nearer the coast it is inhabited by theE quimaux-a Territory say that there is a vast quantity of iron ore there; that in savage, nomadic tribe. A great many of the Indians of the interior are what is called the Chilkaht country there is an iron mountain similar to engaged in furnishing skins and furs to the stations along the Yukon the one near Saint Louis and equally rich and valuable. They also say River which have been established by the fur company. . that on the Copper River there are inexhaustible stores of copper. l\1r. Chairman, I have in a very hurried and desultory manner gone To the snrpri e of many who have not examined the question, the over the features :md resources of the Territory of Alaska. As I stated climate on the southwestern coast is exceedingly mild. Itis tempered in the beginning, I am not in a physical condition to make a speech, but by the Japan stream which :flows along the coast stored with tropical I_ shall be glad to answer any question which any gentleman may de- heat, so as to make the winter climate of Southwestern Alaska about sue to propound. • the mean temperature of the State of Georgia and the summer climate l\Ir. CUTCHEON. Perhaps the gentleman has stated, though I did about the mean temperature of the State of Minnesota, according to not hea1· the statement, wh~t is the total population of the Territ01y? accurate accounts kept by the agents of the Russian Government for :Mr. EVINS, of South Carolina. About 35,000. more than forty years. :Mr. BLANCHARD. What kind ofgovernment has the Territory had? The difficulty about that portion of the country, however, is its great Mr. EVINS,ofSouthCarolina. Iamgladmyfriendhasaskedmcthat humidity. The warm Japan stream coming in contact with the cold question. It has had no gover:nment whatever thn.t can properly bear atmosphere and the cold waters of the northern regions creates a vast that name. Immediately after the Territory was ceded to the nited deal of humidity, and there is a great deal of rain and fog along the States there was, I believe, a quasi-military government established. coast. The soil is said to be rich and of good depth, and it will grow A few squads of regulars stationed at different points through the Ter some of the root crops and barley and other cereals, but the climate is ritory administered justice by a'' drumhead court-martial,'' so far as any too moist to ripen the grain fully. As an agricultural country there is justice was administered at all. At present the only semblance ofgov not a very encouraging outlook. ernment there is exercised through the collector of customs and the The chief resources of the country will be found in its mining opera commander of the United States vessel. In 1881 two men werearrested tions and in its timber, especially in its forests of yellow cedar, which by the captain of this vessel. No doubt it was a very proper thing for is said to be the finest timber in the world. I understand that it is sell him to do; I only mention the circumstance to show the utter want of ing at present in Portland, Oreg., for about $60 a thousand feet, and everything like law in that country. These men were arrested for some the time will come, when the timber supply of this country in :Maine, mi conduct by the captain and were imprisoned. He reported the fact Wisconsin, Michigan, and other timber-producing States is exhausted, to the Secretary of the Treasury and wanted to know wbat he should when the timber of Alaska will be of vast importance. do with these men. He was the only peace officer in that country. The Mr. KASSON. And then the fisheries. Secretary said that he had done right in arresting them, and that be l\1r. EVINS, of South Carolina. Yes, the fisheries, as my friend sug should keep them in prison just as long as he thought it necessary to gests. The stories in regard to them are most wonderful, and would punish them properly. really tax the credulity of most men who should hear what is said by Now, it would be a disgrace to any despotic government, and to this tho e who have been there and seen for themselves. The finest salmon, great Republic of America it is a shame and an outrage, that these peo halibut, codfish, and fish of all kinds are to be found there. There are ple have been left so long in this condition. already a number of canneries established upon this southwestern coast, Mr. CASSIDY. If the gentleman will yield to me I would like to but there is not a sufficient market on the Pacific coast as yet, and the say a few words on this subject. demand is not equal to the supply. Some of these days these fisheries l\1r. EVINS, of South Carolina. How much time does the gentle are bound to provide largely for the wants of a large portion of the civ man wish? ilized world. Mr. CASSIDY. Three or four minutes. A MEMBER. And the seal-fisheries. Mr. EVINS, of South Carolina. I yield five minutes to the gentle Mr. EVINS, of South Carolina. The most valuable part of the re- m~. 4120 CONGRESSIONAL RECORD- HOUSE. MA_y 13,

Mr. CASSIDY. I think it is especially important this bill should Mr. KASSON. He was not a United States officer, but was in com be enacted into law. I know from my pe:cy>nal knowledge the settle mand of volunteers. ment and developmentofthat vast Territory have been greatly retarded Mr. BUDD. Yes, Colonel Chivington, of Colorado, was in command because there has been no form of law or of protection for life or prop of volunteers, :md his force was compo ed of volunteers; yet it was while erty within its boundaries. I have had during the last two sessions under the promised protection of the United States flag that the Indians of Congress as many perhaps as fifty-eight letters from gentlemen on were massacred and cut down by him-women and children scalped the Pacific coast, mining men in particular, who desire to go to Alaska and men tortured and mutilated in a horrible manner. Territory, but they have been reluctant to go there and attempt to de Mr. KASSON. It was under the authority of the rifles of those vol velop its mineral resources and open up that vast region because there unteers. was no protection for their investment or for their property. Mr. BUDD. It was under the authoritv of the rifles of those volun During last summer I was .in San Francisco, and I saw it stated in · teers, to be sure; but it was also under the flag of the United States. the pa:[>ers that a native of that country who had committed a cold I have stated these facts for the purpose of showing the absolute ne blooded murder was brought to San Francisco, and when the time ar cessity for the passage and enforcement of some law to protect life and rived to give him a hearing there were no witnesses and he was allowed property in the Territory of .Alaska. As to Indian matters my views to go at large-turned loose for want of prosecution. are few. Individual responsibility and land in severalty are the true There is nc;> form of law, there is no protection of property or life foundation-stones of a just and effective Indian policy. Give them the there. This fact alone has retarded the settlement of that Territory. protection of the law; require from them its strict observance; place I think it is of the highest importance this bill should be speedily en before them some end to attain, and teach them that they must work acted into law. or want. I know this will take time, but unless we begin soon we will Mr. EVINS, of South Carolina. I will now yield for fi. ve minutes to never accomplish anything. the gentleman from California [Mr. BUDD]. When an Indian commits murder hang him; when he commit8 any Mr. BUDD. Mr. Speaker, I desire toaddmyevidence to that ofthe other crime punish him. Punish the white who injures the Indian gentleman from Nevada as to the lack of proper laws in Alaska. This and the Indian who injures the white. absence of proper laws in a portion of the United States which i~ larger Indian wars originate because of retaliations for wrongs that the Gov in area tha~ Colorado, California, and Texas combined, and which con ernment does not provide adequate relief for. We punish the many for tains 33,000 inhabitants, a territory rich in mineral and other wealth, the acts of the few, and sustain these pauper criminals in idleness. But is of itself a conclusive reason why this bill should become a law. It enough of Indians. has been asked, ''What laws are enforced there now and how? '' The The resources of Alaska are undisputed. Theyhaveneverbeenfully laws have been the changeable wills of United States officers, and en ascertained. The absence of law and lack of protection to personand forced in such manner as to them appeared proper. In their hands, property have deterred persons from entering that Territory. strange as it may seem, have been the powers of taking life, liberty, Alaska contains nearly 580,000 square miles, and has a coast line of and property without the restraint or forms of law. At least they have 4,000 miles. Through it run many fine rivers, one, the Yukon, being done so, and I have yet to learn that any one has been either censured larger than the Ganges or the Oronoco. or removed for his actions. Copper, iron, petroleum, silver, and some gold, as well as other metals, To illustrate: In the fall of 1882 the San Francisco journals contained are found. an account of an interview with certain persons who came from .Alaska As a fur-producing country Alaska is very valuable. In 1880 there on a United States vessel. The accounts as given in these journals were shipped sea-otter skins valued at fully half a million dollars, and were undoubtedly correct; they have been since sustained by official re seal-skins valued at a million dollars. Besides these there are annnu port. They show proceedings unworthy a drumhead court-martial; ally killed, approximately, marten, 10,000; mink, 20,000; fox, 8,000; that the laws were made and executed on United States revenue-cutters. beaver, 4,000; bear, 1,000. The fishing product of one year has been It appears that two sailors or employes of some company at Sitka had 1,483,083 gallons oil, 526,566 pounds whalebone, valued at 1,661,922. by accident or otherwise killed or badly injured an Indian; that the The timber supply appears almost inexhaustible. The most valuable Indians took these two men and detained them under a demand that of its trees is the yellow cedar. What the resources may prove it is the company should pay in blankets to the relatives of the dead In impossible to say until the country is settled, or at least explored. dian the damages. This has been the custom in the Territory for many The people there and tho e who wish to go there ask for some law years. A United States vessel was then at Sitka, and, with the collector to protect them. They ask for a government not fully Territorial but on board, proceeded to the Indian village. The officer in charge released such as is suited to their condition-a. skeleton form, with the laws of the two men without any trouble, and then demanded from the Indians, Oregon, wherever they can be applied, to fill it out. We of the Pa as a fine or for damages, four hundred blankets, under a threat to destroy cific coast have a special interest in this bill, and have therefore so per their village and property were the blankets not delivered at the time sistently favored it. specified. The Indians did not comply with this peremptory order of [Here the hammer fell.] this royal dictator. I understand they did not have the blankets. [Extract.] The commander of this United States vessel was a law unto himself, UNITED STATES REVENUE MARINE, UNITED STATES REVENUE-STEAMER CORWIN, and in the mQrning he, a United States officer, judge, jury, and sheriff, San Francisco, Cal., November 20, 1882. fulfilled his threat and shelled the Indian village. Forty canoes and Sm: * * * We left Juneau City on the 20th, and touching again at Killis many blankets were destroyed. The village and winter stores were noo, arrived at Sitka. on the 21st. burned and destroyed by Uncle Sam's seamen under orders of their During the afternoon of the 23d the superintendent of the fishing station at Killisnoo reached Sitka. with his family, with the following report, and request commander, while the guns of Uncle Sam were throwing shot into the ing protection from the United States steamer Adams. On the 22d of October, homes of these defenseless Indians. while the company's whaling boat wa fishing in Hoot.snoo Lagoon, one of the This was in October, 1882, in the fall of an Alaskan winter. For bombs used in whaling accidentally exploded, killing one of the native crew, who happened to hold the rank of medicineman or shaman among the tribe. doing that which in any civilized country would subject one to a nomi For this man the natives demanded two hundred blankets, at the same time nal fine only these poor Indians lost all, because there was no law seizing the whaling boats with their equipments, and holding two of the white in Alaska. All their blankets, all their provisions, all their homes men prisoners until the amount should be paid. In case the demand was not met by the company the natives threatened to burn the company's store and were cut down; and whether any Indians were killed reports do not buildings, destroy the boats, and put to death the white prisoners. say, for the vessels steamed away as soon as the outrage had been com Acting upon this information, Capt. E. C. Ierriman, of the Adams, placed on mitted. board the company's steamer Favorite some marines, and, as the Adams was thought too large for the work, the Corwin was tendered, and Captain Merriman, Th~::re are few other countries in the civilized world where such acts together with the collector of customs, proceeded upon the Corwin tothescene of an officer would not be followed by dismissal. of the disturbance. Several MEMBERS. What was his name? Remaining at Lindenberg Harbor that night, we reached Killisnoo early on the morning of the 25th. The fo.llowing morning we proceeded to Hootsnoo Mr. BUDD. I do not now recall the name of this person. It was Lagoon, and came to ::mchor off the Indian village located there. a United States vessel, commanded by a United States officer. It was Immediately we anchored the white men were r eleased, some of the ringlead fully published at the time and has not been denied, and there is an ing Indians captured, and the release of the property eft"ected. In addition to this, as a punishment and as a guarantee for future good behavior, Captain Mer· official record of the facts, which I will secure and have read to this riman demanded twice the number of blankets demanded by the I ndians, and House before debate closes on this bill. threatened, in case of refusal, to de troy their canoes and villages. Refusing to Mr. LONG. When was it? pay the amount and remaining defiant, their canoe , to the number of forty, were taken and destroyed, after having selected those which belonged to the Mr. BUDD. About a year and a hhlf ago; October, 1882. It was a Indians who had remained friendly to the white men. Remaining unsubduedJ matter stated in the journals at the time and subsequently reported to their summer camp at this place was burned. Weighing anchor we steamea Congre , and, as I have said, I have never heard anydenialofthefacts out of the lagoon, and at 2 o'clock hove t.o off the village of Hoot noo and pro ceeded to shell the town. After shelling the village the marines were landed on the part of the people who were on board the vessel. But tbis, Mr. under cover of the guns, and 'they, setting fire to the houses, destroyed the en Chairman, is only in line with the conduct and policy of the Govern tire village, with the exception ·of the friendly Indians. ment of the United States toward the Indian tribes, not only in Alaska After the boats returned we steamed down to Killisnoo, and remaining there during the night, reaehed Sitka. the following afternoon, with twenty-two se~V butelsewherethroughoutthiscountry. They have been treated in alike men of the Adam , whom we had received on board for transportation. * * * manner North, South, East, and West. You have only to turn to the I am, very respectfully, your obedient servant, Chivington massacre and the Piegan affair of 1870. In the Chivington M.A.HEALY :First Ldeu.tenant, U. S. R. M., Commanaing.1 massacre the Indians were cut down by troops under the United States !Ion. CHARLES J. FOLGER, flag, also in Piegan affair. ~ Secretary of Ute Preasury, Washington, D. C. 1884. CONGRESSIONAL RECORD-HOUSE. 4121

CUsTOM-HOUSE, SITKA, ALAsKA, Collector's Office, November 9, 1882. ate for the time being. I apprehend, then, that Congress by this bill Hon. CRAB. J. FOLGER, reserves to itself not only the power to moilify these laws at any time, Secretary of t"M Treasury, Washington, D. C.: but the power to establish new laws as they shall be advised of their Sm: On the 28th of last month I had the honor to transmit to the Department the following telegram : necessity and the result of the working of the present system by the SITKA, October 28, 1882. officials now for the first time to be put into that Territory. I therefore SECRETARY TREASURY, aecept gladly the provisions of this bill as far as they go, and hope that Washington, D. C.: they will be regarded in the nature of an apology to the people whom 26th inst. Hoochenoo Indians becoming troublesome, capturing property we have for so many years absolutely neglected in the protection of from whites, Commander Merriman repaired thither in Corwin. Became nec their rights, their liberty, and their property. essary to shell and destroy village, canoes, and make prisoners. Severe lesson GEORGE. The gentleman from Iowa is most certainly correct taught. Particulars by mail. Mr. It is presumed that all essential information has already been rendered the in the construction he places on the present bill. Department by the report of the commander of the Corwin himself, and that as Mr. ADAMS, -of illinois. Will the gentleman from South Carolina the expedition was a joint one upon behalf of the Navy and Treasury Depart ments, the report of the naval commander will also reach the head of his De yield to me for two minutes? partment, hence it will be unnecessary for me to enter into general details, but Mr. EVINS, of South Carolina. Certainly. merely give a syno~sis of what I saw mrself as an eyewitness, and my opinion Mr. ADAMS, of illinois. Mr. Chairman, I am heartily in favor of of the necessity which existed for adoptmg such stringent measures. On the night of October 22, while this company were whaling in the Koots the establishment of some form of civil government for the Territory noo Lagoon, a bomb, shot from the whale-boat at a whale, accidentally ex of Alaska. But I wish to inquire of the gentleman from South Caro ploded and killed an Indian sha.mau, who composed one of the crew: where lina, the chairman of the Committee on the Territories, whether it has upon the latter immediately arose aud, aided by about one hundred Indians, overpowered the two white men in the boat and took them prisoners, captured ever occurred to them that the provision of this bill giving the right the boat, nets, whaling gear, and steam-launch of the company, valued at sev of a jury trial may possibly prevent the efficacy of any civil or crimi eral thousand dollars, and demanded payment of two hundred blankets for the nal proceeding in the Territory? In a Territory where there are only dead man. The white men were kept close prisoners. A plan was formed to murder the engineer of the launch, who fortunately did not take the trail ex some eight hundred whit£ persons from whom to draw the panel there pected. would seem to be difficulty in the way of proceeding in many instances Capt. J . M. Vanderbilt, the superintendent, at once got up steam on the com by a jury trial. It occurs to me that what we want in that Territory, pany's tugboat Favorite, and started with his family poBt-haste to Sitka for aid from the naval commander. The Indians endeavored to cut off the Favorite, and what would probably be eminently satisfaetory until the popula but failed. tion becomes more dense, is executive authority to enforce the law, a As soon as Vanderbilt reported the facts to Commander Merriman the latter criminal judge to punish crime, and also a tribunal to decide questions put a howitzer and Gatling gun on the Favorite, sought the co-operation of the revenue-marine steamer Corwin, then in port, and aa early as practicable, with of right between man and man. And of course the simpler the organi a force of about one hundred marines and sailors, started himself for the scene zation you can have for this purpose the better. Would it not there of ~ion, picking up his large steam-launch on the way. I accompanied the fore be better to give the judge the absolute right of trial? I am aware expedition. . · Upon arriving at the lagoon matters were found exactly as represented by that it is objectionable and not in harmony with our theory of govem Vanderbilt; the men still prisoners; the Indians increasing in force and very ment, but· under the circumstances had we not better make this as sim much excited. Commander Merriman lost no time in arresting the ringleaders, ple as possible? and got the two principal chiefs of the tribe on board the Corwin, and informed them that, instead of the Northwest Trading Company paying anything to them, Mr. EVINS, of South Carolina. In answer to the gentleman from he should inflict upon them a tine of four hundred blankets, paya.ble the next illinois, I would say that it is always unsafe to trust arbitrary power in morning, under the penalty of having their canoes deStroyed and principa.l vil the hands of any one person! and it is right everywhere wherever the lage shelled and burned. So tt:mporizing has been the policy pursued within the past two years by the American flag is a symbol of power in this country that the right of Navy toward the Siwashes that they evidently thought this a ·game of bluff. trial by jury should be preserved. They were surly and impertinent, and affected not to think Commander Merri Mr. GLASCOCK. Is it not a constitutional requirement that it shall man would put his threat into execution. They, however, took the precaution to make use of the intervening night in taking to a place of security their large be preserved? canoes and valuables. · Mr. ADAMS, of illinois. But if there are only eight hundred white The punishment has been most severe, but eminently salutary, and in my persons scattered over a Territory equal in extent to one-sixth of all of judgment the very t.hing that was needed, and unhesitatingly, in my opinion, is the'prompt and energetic action of Commander Merriman to be applauded, the other Territories combined, will it not be difficult to carry into and this occasion is sought to express great confidence in the result of his action effect the provisions of such a law? and general management of the Indians since he has been on this station. Mr. EVINS, of South Carolina. I will state to the gentleman that Owing to the heavy draught of water needed for theAdaiil5, the presence and co-operation of the Corwin were most opportune. these courts will be held at only two or t.hree different places in the The conduct of Lieutenant Healy, in command of said vessel1 is especially to Territory, at which points a large numberofwhitepeople reside. I do be commended as that of an officer and a gentleman and a cred1t to the service. not think there will be difficulty in carrying it into effect then. Besides His officers and men conducted themselves well throughout the whole affair, and deserve therefor special mention. that, the moment you establish law thewbite population will increase. I am, respectfully, your obedient servant, Mr. GEORGE. Besides, let me say this jury feature is modified so WM. GOUVERNEUR MORRIS, as to require but six jurors in civil cases. Collector. But the gentleman from Illinois, I think, is wrong in regard to his ~Ir. EVINS, of South Carolina. I now yield to the gentleman from statement with reference to the difficulty of enforcing this provision by Oregon [Mr. GEORGE] for :five minv.tes. reason of the scattered condition of the population of the Territory. ~Ir. GEORGE. Mr. Chairman, I heartily agree with all that has While it is true that they are scattered, yet they are gathered together been said in behalf of the necessity for the passage of this bill. I desire in settlements in places where white people reside. They are generally to call the attention of the House to the fact it is substantially the same over all parts of the Territory, and when we speak of them as scattered bill introduced by myself in the Forty-seventh Congress, and which it is because the towns are far apart. But wherethesecourts are to be only lacked, I believe, two votes of passing the House by a two-thirds held there are sufficient numbers of white people to answer all the pur majority on a motion to suspend the rules and pass the bill. The same poses of the bill. question was then raised in regard to certain provisions of the bill, and, l\Ir. EVINS, of South Carolina. I now ask that the bill be read by in the haste of a thirty-minute discussion only, a doubt was raised in sections for debate and amendment. the minds of some of the members, and for that reason the bill failed of The Clerk read as follows:

the necessary two-thirds vote to pass it. But it has been changed in that Be it enacted, &c., That the territory ceded to the Unit~d States by Russia by respect. Those sections then claimed to be subject to the construction the treaty of March 30,1867, and known as Alaska, shall constitute a civil and sought to be placed upon them have been modified so that it is not pos judicial district, thego'"ernment of which shall be organized and administered as hereinafter provided. The temporary seat of government of said district is sible now for any renewal of objections. hereby established at Sitka. Othersupposed objectionable features in that bill have been entirely SEC. 2. That there hall be appointed for the aid district a governor, who removed and the bill has generally been perfected in several respects, shall reside therein during his term of office and be charged with the interests of the United States Government that may arise within said district. To the and there certainly can be no reasonable opposition to its passage in its end aforesa.id he shall have authority to see that the laws enacted for said dis present form. It is desirable, of course, that steps should be immedi trict are enforced, and to require the faithful discharge of their duties by the ately taken to provide a civil government for the people living in that officials appointed to administer the same. He may also grant reprieves for offenses committed again t the laws of the district or of the United States until · Territory, deprived as they now are of all benefit of law, and I hope that the decision of the President thereon shall be made known. He shall be ex this House will not delay longer that justice which should be a-ccorded officio commander-in-<:hief of the militia of said district, and shall have power to the people of that portion of our domain. to call out the same when necessary to the due execution of the laws and to preserve t.he peace, and to cause all able-bodied citizens of the United States in As I believe a general disposition prevails to pass this bill I shall not said district to enroll and serve as sueh when the public exigency demands; and further consume the time of this committee, and I hope no objection he shall perform generally in and over said district such acts as pertain to the will be urged. office of governor of a Territory, so far as the same may be made or become applicable thereto. He shall make an annual report, on the 1st day of Octo Mr. KASSON. Mr. Chairman, I wish to say a single word on the ber in each year, to the President of the United States, of hi official acts and only point about which there has been a little doubt with reference to doings, and of the condition of said district, with reference to its resources, in this bill. This is not a complete Territorial organization. It does not dustries, population, and the administration of the civil government thereof. And the President of the United States shall have power to review and to con propose to provide more than a preliminary form of government. This firm or annul any reprieves granted or other acts done by him. bill provides for an executive very simple and a judiciary extremely simple, and in lien of providing legislative authority for that Territory, 1\Ir. HOPKINS. I would suggest an amendment, if the gentleman which will have to be done at some time, it adopts the legislative au from South Carolina. will permit me, in line 9 of the second section. thority, as it now exists, of Oregon, and creates a code of laws to oper- After the word "committed, " in this line, I will suggest the insertion 4122 CONGRESSIONAL RECORD-HOUSE. . MAY 13, of the words "in said Territory." Otherwise it will be seen that in governor should have some supervision over those fisheries even if every construin()' that clause ofthe ad the governor of the Territory may grant thing is correct and proper, as I have no doubt it is. reprieves for offenses committed anywhere in the United States. Mr. EATON. Here would be two sets of officers. One set are ap Mr. EVINS, of South Carolina.. It is a mere verbal amendment, as pointed by the Secretary of the Treasury. The Secretary of the Treas I understand it, and there is no objection so far as I am aware. ury is still left in full control of this matter, and he appoints his special Mr. KASSON. I will ask the gentleman from Pennsylvania if he agents, more than one, more than two. Those agents make a thorough thinks that amendment is important. I think it is the inevitable con examination and report to the Secretary of the Trea ury, and then struction of any judge; but if the amendment is not an important one power is given here by this bill to the governor that he shall from time I will suggest to him that it would be better perhaps not to send this to time visit these islands and report to Congress, Congress hereto bill back to the Senate for a mere formal amendment. fore having given this entire powel' into the hands of the Secretary Mr. HOPKINS. I had not noticed that it was a Senate bill that we of the Treasury. Reserving my right to offer an amendment, I do not were considering. · propose at this time to do more than to call the attention of the House Mr. KASSON. The gentleman I am sure will agree with me that to what seems to me to be improper legislation. This whole matter is the court will construe the meaning of that language. under the control of the Secl'etacyofthe Treasury subject to the advice Ml'. HOPKINS. It was a mere verbal amendment, and under the of the Secretary of War; and it seems to me that giving the governor: circumstances suggested by the gentleman from Iowa I withdraw it. who is 2,000 miles away from these isL1.nds, the power to go there and . The Clerk J'ead the third section, as follows:· report to Congress instead of the Secretary of the Treasury, places this SEc. 3. That there shall be, and hereby is, established a district court for said matter under a double set of officers, which in my judgment is not a district with the civil and criminal jurisdiction of district courts of the United sound principle. · States ~nd the civil and criminal jurisdiction of district courts of the United Mr. EVINS, of South Carolina. I do not regard it as very material. States'exercising the jurisdiction of circuit courts, and such other jurisdiction, not inconsistent with this act, as may be established by law; and a district The bill simply gives the governor power to go and make inquiries as judge shall be appointed for said district, who s~ll, during hi~ ~rm of office, to facts which he may report to Congress. If the agents of the Secre r eside therein and hold at least two t-erms of said court therem m each year, tary of the-Treasury happen to go wrong, the governor might happen to one at Sitka, beginning on the first Monday in May, and the other at Wrangel, beginning on the first Monday in November. He is also authorized and directed go right. to bold such special session~ as may be ne~o/ f~r t~e dispatch of the busi Mr. EATON. I want the House to look at this matter. I have con ness of said court at such times and places m said district as he may deem. ex stituents who are very deeply interested in it, owning two-fifths of the pedient, and may adjourn such special. session to an~ other time previous to a regular ses ion. He shall have authority to employ mterpreters, and to make stock of this seal company, women and children, widows and orphans, allowances for the necessary expenses of his court. and I do not desire that anything should be done here, nor does, I am No amendment offered. sure, my friend the chairman of the committee, except what is exactly The Clerk read the fourth section, as follows: right and just. It seems to me the law is absolutely perfect now so far as the supervision of those seal islands is concerned. I would suggest SEC. 4. That a clerk shall be appo~nted for said court, who shall be ex officio secretary and treasurer of said district, a district attorney, and a marshal, all to my friend that this clause happened to be thrown in in the Senate, of whom shall during their terms of office, reside therein. The clerk shall re as I understand, and it is put in the wrong place. It is put in this bill, cord and prese;ve copies of all the laws, proceedings, and official acts applicable not where it ought be, under the powers of the governor, but it is to said district. He shall also receive all moneys collected from fines, forfeit to ures or in any other manner except from viQlations of the custom laws, and put in another pla~ of the bill. I suggest that it does not look like shall apply the same to the incidental expenses of the said district court and the proper legislation. allowance thereof, as directed by the judge of said court, and shall account for Mr. EVINS, of South Carolina. I do not think it will hurt the bill. the same in detail, and for any balances on account there~~ quarterly, to and un der the direction of the Secretary of the Treasury. He shau be ex officio recorder The CHAIRMAN. What amendment does the gentleman from Con {)f deeds and mortgages and certificat-es of location of mining claims and other necticut propose? contracts relating to real estat-e and register of wills for said district, a nd shall .esta.bli h secure offices in the towns of Sitka and Wra.ngel, in said district, for Mr. EATON. I suppose I have the right to withhold the amend the safe-keeping of all his official records and of records concerning the reforma ment until we go into the House? tion and establishment of the present status of titles to lands, as hereinafter di The CHAIRMAN. It will depend on the House whether the amend rect-ed: Provided, That the district court hereby created may direct, if it shall deem it expedient, the establishmeut of separate offices at the settlements of ment can then be offered. 1\IJ'. EATON. Then I offernowthe amendmentwhichi send to the Wrangel, Oonalaska, and _Juneau City, respectively1 f?r: the ree which I call the attention no injury will be done by having them investigated; on the contrary of members of the Committee of the Whole, carries its own commentary. these parties will have a much better standing before Congress with This company shrinks like scorched parchment from any investigation. reference to legislation a:ffectin~ that Territory. Mr. EATON. Oneword. MyfriendfromCalifornia [Mr. HENLEY] I hope the provision of the bill will not be struck out, but will be does not intend of course to misstate anything, but he is mistaken never retained, so that the governor of this Territory may have full power to theless with regard to the operations of this company. In no instance, inquire and make-report directly to Congress on this subject. at no time, in no year, have they taken more than 100,000 fur seals. The question being taken on the amendment of Mr. EATO:N, it was It is not for the interest of the company that they should take more not agreed to. than the number which they are authorized to take under their lease. Mr. BUDD. I move pro forma to amend by striking out the last What makes this company a profitable company? And it is very word. I have now in my hand the report from the Treasury Depart profitable; there is no doubt about that. It is that they take these ment in regard to the shelling of the Indian village which I spoke of sealE with t.he utmost care. The company has already paid into the some time since. The circumstances are just as I stated them. In United States Treasury over $5,000,000. It is true the company itself order to show that there is no law in force in that Territory, I will in has also made a great deal of money, because, as I have said before, corporate this report in my general remarks. It appears that the gen they have managed the business with a great deal of care. They are eral order issued April13 was not to enforce any law except the liquor business men. Were everybody allowed to go there, did the Govern laws and the laws against killing seals. ment throw open these seal fisheries to everybody, there would not be The circumstances stated in this report are these: During the after a seal there in twenty-four months, and all the sealers agree to that noon of September 23, 1882, a man was killed by the explosion of a statement. bomb. Captain Merriman thereupon went down and demanded of the :Mr. WEAVER. Will the gentleman answer a question? Indians four hundred blankets. These not being furnished he destroyed Mr. EATON. With great pleasure, if I can. some forty of their canoes and all their houses. Mr. WEAVER. Will you tell what objection you have to the re Mr. BLOUNT. What was the action of the Treasury Department porting to Congress-of any violation of the law by this company? upon that matter? Mr. EATON. I have no objection to any violations oflawbeingr~ :Mr. BUDD. The Department stated that this was the information ported by the proper officers. it had received; that more particular inquiry would be made into the Mr. GEORGE. That is all that is proposed by this provision. affair and the result communicated to Congress. That was on. Decem Mr. EATON. This matter is now under the control of the Secre ber 5, 18 2. tary of the Treasury, and he has his special agents for the purpose. Mr. BLOUNT. Has that been done? Do you waut to run two classes of agents, two classes of men? I say :Mr. BUDD. On the 20th December the letter of the collector, Will ilo; that is not proper or just. Relieve the Secretary of the Treasury iam G. Morris, was referred to Congress. It confirms every statement of all this business, if you want to put it into the hands of another in that report. This report is furnished by one of the men who shelled party; but do not have two sets of men running counter to each other, the village, and consequently may be expected to be colored in their if you please. I do not believe it is .good legislation to have two sets fu.vor. But notwithstanding this these reports show this to have been of officers to execute the same law. The Secretary of the Treasury is the greatest outrage ever committed in the United States upon any In all powerful now in this matter; he has his agents and makes his ex dian tribe. aminations annually. Mr. BLOUNT. What I wished to know was whether the Govern Mr. WEAVER. Is there anything further provided by this section ment had ever taken any action upon the matter. than to report any violations of the law by this company? MI". BUDD. That is about all the action that was ever taken. I Mr. EATON. No; but I say it is unnecessary; utterly so, in my do not understand that anything else was done, and Captain Merriman judgment. is still a commander in the Navy. Mr. HENLEY. Will the gentleman permit me to ask hi1fi a ques II". EVINS, of South Carolina. I hope we shall now go on with the tion? bill. Mr. EATON. Certainly; with great pleasure. Mr. PETERS. Is the same person still in command? Mr. HENLEY. The objection urged by the gentleman is that under Mr. BUDD. I understand he is. I wish to state that Lieut. M. A. the law as it stands now the Secretary of the Trea ury is authorized to Healy is not in the least to blame in this matter, and made a most make investigation as to the violations of law by this company, and he proper report. may communicate to Congress any violations of law by the company. I withdraw my amendment. Suppose now that we authorize some one else t<> investigate and com The Clerk read as follows: municate to Congress any violations of law; who is going to be hurt? SEC. 6. That the marshal for said district shall have the general authority and .Mr. EATON. That is the question, is it; ''Who is going to be powers of the United StAtes marshals of the States and Territories. He shall hurt?'' be the executive officer of said court, and charged with the execution of all Mr. HENLEY. Certainly; we have two men to watch instead of one; process of said court and with the transportation and custody of prisoners, and he shall be ex officio keeper of the jail or penitentiary of said district. He shall that is all. appoint four deputies, who shall reside severally at the towns of Sitka., Wrangel, Mr. EATON. We have four now. Good, sound, common-sense leg Oonalaska, and Juneau City, and they shall respectively be ex officio consta islation will be hurt the very moment you put two classes of officers to bles and executive officers of the commissioners' courts herein provided, and shall have the powers and discharge the duties of United States deputy marshals, overlook one subject. Such at all events is my idea of legislation. If and those of constables under the laFS of the State of Oregon now in force. the matter is not now in proper hands when it is in the hands of the SEc. 7. That the general Ia ws of tH'e State of Oregon now in force are hereby Secretary of the Treasury, who can call upou the Secretary of War at declared to be the law in said district, so far as the same may be applicable and not in conflict with the provisions of this act or the laws of the United States; any time, then change it; but do not set two animals hunting the same and the sentence of imprisonment in any criminal case shall be carried out by fur seal when one is enough. In my opinion we want but one set of confinement in the jail or penitentiary hereinafter provided for. But the said hunters. district court shall have exclusive jurisdiction in all cases in equity, or tho e in volving a. question of title to land, or mining right , or the con titutionality Mr. ROGERS, of Arkansas. I hope this amendment will not pre of a law, and in all criminal offenses which are capital. In all civil cases, at vail I do not myself know anything about tbe facts in this contro- common law, any issue of fact shall be determined by a jury, at l.he instance of 4124 CONGRESSIONAL RECORD-HOUSE. MAY 13, either party; and an app~l shall lie in. an~ ca!iC, civil or criminal, from t_he · :Mr. EVINS, of South Carolina. When I was up before I said the j-udgment of said commissiOners to the sa1d ~trict co~rt,_where the a.monnt m volvedin any civil case is $lOO or more; and m any cnmmal_case where a !ine Government received $317,000 annually for the seal fisheries from the of more than $100 or imprisonment is imPQsed, upQn the filmg of a suffi.Cie~t Alaska Commercial Company. appeal bond by the party a~~ling, to be app~oved by the ~urt ~r ?OmiDIS Mr. BLANCHARD. What are the net aggregate revenu ~ for a year? sioner. Writs of error in cr1m1nal cases sbJ;.ll ~ssue to the ~1d diStriCt court from the United States circuit court for the distnct of Oregon m the cases pro Mr. EVINS, of South Carolina. I do not know of any other except vided in chapter 176 of the la.~s of 1879; a~d t~e jurisdiction thereby conferred a small amount of customs duties at Sitka; I do not know how much upQn circuit courts is hereby g1ven to the cucmt court of Oregon. And the final they amount to, but I believe something like eight or ten thousand dol judgments or decrees of said circuit and district court may be reviewed by the Supreme Court of the United States as in other cases. lars a year. Mr. BLANCHARD. I holdin myhandareport of the special agent Mr. ELDREDGE. I move to amend the section last read by insert ofthe Treaaury Department for the year 1874. He makes the statement ing after the word '' force,'' in line 2, the words ''or hereafter enacted by that the annual revenue derived by the Government from the Territory the said State of Oregon;" so as to make the section read: of Alaska amounts to $300,000 a year. That the general laws of the State of Oregon now in force, or hereafter en Mr. KASSON. It must have increased since then. acted by the said State of Oregon, are hereby declared to be the law in said dis trict, &c. Mr. HOLMAN. I move, in the nineteenth line, after the words Mr. EVINS of South Carolina. I hope this amendment will not be "United States," to strike out the following words: adopted. It does not seem to me necessary; and its adoption would The district judge, marshal, and district attorney shall be paid their actual necessary expenses when traveling in the discharge of their official duties. A necessitate sending the bill back to the Senate. I hope the gentleman detailed a.cconnt shall be rendered of such expenses, nnder oath, and as to the will not insist on the amendment. marshal and district attorney such account shall be approved by the judge, and Mr. GEORGE. Certainly the amendment is not necessary. Be as to his expenses by the .Attorney-General. sides, this Congress has no means of knowing what sort of laws Oregon may pass hereafter. I wish to call the attention of my friend from South Carolina to the Mr. BUDD. Under this amendment the State of Oregon will have fact there is a new departure here in providing that the district judge, power to pass laws for the government of Alaaka. It in effect delegates marshal, and district attorney shall be paid their actual and necessary traveling expenses. It is a new departure and not-provided for else to the ~tate of Oregon legislative control over this Territory. Mr. EVINS, of South Carolina. I hope the gentleman will with- where. It seems to me, with the ample salaries given in this bill, pay draw his amendment. ing the marshal, instead of by fees, $2,500 a year, and considering the The CHAIRMAN. Does the gentleman i.n.sm on his amendment? comparatively small amount of business to be done, this provision can Mr. ELDREDGE. No, I withdraw it. hardly be justified on the part of the committee. I trust my friend The Clerk read as follows: from South Carolina will consent to strike it out. The judge, district attorney, and marshal can do all the traveling required for their lim SEc. 8. That the said district of Alaska is hereby created a land district, and a United States land office for said district is hereby located at Sitka. The com ited duties without this departure from the uniform practice. missioner provided for by this act ~ reside at S~tka shall be ez offici? reg~ter of Mr. EVINS, of South Carolina. I hope my friend will not insist said land office and the clerkproVIdedforbythis act shall beezojficwrece1verof upon his amendment, or, ifhe does, that it will be voted down. This is a public moneys,' and the marshal provided for by this act shall be ex oJ!i.c!o su~ veyor-general of said district; and the laws of the United States relatmg to new Territory and the means of traveling are limited. mining claims1 and the rights mcident thereto shall, from and after the passage Mr. KASSON. And the distances are great. of this ad be m full force and effect in said district, under the administration Mr. EVINS, of South Carolina. Necessary traveling expenses should thereof he'rein provided for, subject to such regulations as may be made by the Secretaryoftheinterior, approved bythePresident: Provided, Thatthelndians be paid out of the Treasury. Unless there is some good reason I hope or other persons in said district shall not be disturbed in the possession of any no amendment will be made, as it will send the bill back to the Senate. lands actually in their use oroccnpat!on ?r now claimed b~them, but the terms Mr. HOLMAN. Thereisbarelyan excuseforpassingthisbill. The under which such persons may acqurre title to such lands.lS reserved for future l~slation by Congress: And provided further, That part1es who have located Indian population there are getting along as well as could be expected mmes or 1nineral privileges therein nnder the lawlil of the United States ap under the safeguard and protection of ·Our Government. That there plicable to the public domain, or who have occupied and improved or exercised is little white population is manifest, and there will not be-- acts of ownerships over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as aforesaid: And Mr. EVINS, of South Carolina. Will not be unless they are pro- provided also, '!'hat.the land,. n?t excee~g six hundred and f?rty a;eres .at a~y tected. · station, now occupied as m1ss1onary statiOns among the Indian tr~b~s m sa1d Mr. HOLMAN. There is a small population during the summ.er section, with the improvements thereon erected. by or for ~u?h soCieti~s, sh~ll be continued in the occupancy of the several religious soCieties to which srud season of some four or five hundred. There are some civilized Indians missionary stations respectively belong until action by Congress. But nothing who are doing reasonably well. The duties of these officers I suppose contained in this act shall be construed to put in force in said district the gen will be almost sinecures. By introducing a feature like this in the bill eral land laws of the United States. _you will be certain to have abuses. I submit that a salary of $3,000 No amendment being offered, the Clerk read the next section, aa fol for the governor and judges and 2,500 for the marshal and district lows: attorney are ample, without holding out additional inducements for SEC. 9. That the governor, attorney, judge, marshal, clerk, and commissioners provided for in this act sha.ll be appointed by the President of the United States, questionable charges in the way of transportation. .AJ3 this provision by and with the advice and consent of the Se~ate, ~ndsha.ll hold their r~pect is not incorporated in reference to other States and Territories I hope ive offices for the term of four years, and nntil the1r successors are appomted it will not be insisted upon in tills case. and qualified. They shall severally receive the fees of office established by law for the several offices the duties of which have been hereby conferred upon Mr. ROSECRANS. I would like, with the permission of the gentle them, as the same are determined and allowed in respect of similar offices under man from Indiana, to ask him a question. the laws of the United States, which fees shall be reported to the .Attorney-Gen M:r. HOLMAN. Certainly. eral and paid into the Treasury of the United States. They shall r~ceive, re spectively, the following annual salaries: The governor, the sum of $3,000; the Mr. ROSECRANS. IsitnotclearthatinsolargeaTerritoryasAlaska, attorney' the sum of $2,500; the marshal, the sum of ~~500; the judge, the su~ where the white people are scattered necessarily far apart, or congre of $3,000; and the clerk, the sum of $2,500, payable to tnem quarterly from the gated in villages far separated from each other, that to compel these Treasury of the United States.. The district judge, marshal, and district attor ney shall be paid their actual necessary expenses when traveling in the dis officers who are assigned to the duty specified in this bill to pay the ex charge of their official duties. A detailed account shall be rendered of such ex penses of their transportation out of their salaries would be an obstacle penses, under oath, and as to the m arshal and district attorney such acconnt in the way ofrendering services important and necessary? It eemsto shall be approved by the judge, and as to his expenses by the .Attorney-Gen me that it would. eral. The commissioners shall receive the usual fees of United States commisioners and of justices of the peace for Oregon, and such fees for recording in Mr. HOLMAN. Does my friend from California. think that there will struments as are allowed by the laws of Oregon for similar services, and in be a large amount of business to be done for many years to 'come by addition a salary of $1,000 each. The deputy marshals, in addition to the usual them? fees of constables in Oregon, shall receive each a salary of $750, which salaries shall also be payable quarterly out of the Treasury of the United States. Each :Mr. ROSECRANS. I will answer the gentleman in this way: that of said officials shall, before entering on the duties of his office, take and sub from my own knowledge of the people, from their occupations-being scribe an oath that he will faithfully execute the same, which said oath may be taken before the judge of said district or any United States district or circuit largely employed in mining-there will be considerable travel neces judge. That all officers appointed for said district, before entering upon the sary to mark the mines out, and probably occasional disturbances among duties of their offices, shall take the oaths required by law; and the laws of the the whites, which experience shows occur frequently in new settle United States, not locally inapplicable 1<> said district, and not inconsistent with the provisions of this act, are h ereby extended thereto; but there shall be no ments. It is probable, therefore, that these officers will have consider Legislative .Assembly in said district, nor shall any Delegate be sent to Congress able traveling to perform. therefrom. .And the said clerk shall execute a bond, with sufficient sureties, in :Ur. HOLMAN. Does my friend say that the deputy marshals, when the penalty of $10,000, for the faithful performance of his duties, and file the same with the Secretary of the Treasury before entering on the duties of his the commissioners are to be located at these four different places, will office.; and the commissioners hall each execute a bond, with sufficient s ure have much traveli.Bg to do? There are, I believe, four commisioners ties, in the penalty of $3,000, for the faithful performance of their duties, and provided for, with deputy powers, and four deputy marshal , and there file the same with the clerk before entering on the duties of their office. are but four points indicated in the bill where any act of a judicial Mr. BLANCHARD. I move pro jQnna to strike out the laBt word, character is to be performed; but to enable the commissioner or the and I do so for the purpose of asl.'"ing the gentleman from South Car judge to perform the duties (in fact at only two places, as I find by ref olina a question. This bill creates quite a number of salaried officials erence to the bill) does my friend tlrink that the amount of travel will and in other respects provides for the creation of considerable expense be very considerable which these officers will be called upon to per against the Government of the United Sta.tes. I ask my friend what form? are the total revenues of the United States from all sources from the But, sir, especially do I object to introducing a new feature which IS Territory of Alaska? What do they amount to in the aggregate? so readily abused. I would rather, for my part, increase the amount 1884. CONGRESSIONAL RECORD-HOUSE. 4125 of the salaries-although in my judgment I think they are high enough j ndge, marshal, and attorney their expenses in traveling between the one for the duties required-than to permit this departure from our present court and the other. And that ought to be done all through the United system. And I think you will find in the main that the object for the States until we come to the point of paying decent salaries to our Fed organization of your government and the appointment of a large num eraljndges. ber of officers there is to aid the fur seal company which obtained con The district judge in the eastern district in my own State has a sal trol of the two great islands on that coast. ary of $3,500. I undertake to say he has not a superior to-day on the Mr. ROSECRANS. I think the gentleman is mistaken in that state district bench of the United States. He gets a salary of $3,5GO, and ment. Ther6l are other duties which these officers would necessarily has had to travel perhaps five hundred miles while holding his courts have to perform, and their traveling expenses must be considerable and in two different points in the district, fur until recently the route has ought to be paid. been circuitous. This is but a small salary when yon consider the in Mr. LORE. I most heartily concur with my friend from Indiana. as telligence and character required in a man who is fit to preside over to the propriety of the adoption of the amendment suggested by him. such a court. And as I have said, if thejndgewho shall be appointed The introduction of any provision into this bill to meet the necessary is fit to hold the position at all $3,000 is a small salary, and he ought traveling expenses of these officials is, in my opinion, vicious in prin to be allowed the incidental expenses of traveling from one point to an ciple. I have had some little experience in the fee system myself, and other. I do not see at all what immense flood-gates will be thrown I think throughout our entire country the disposition is to go back again open for frauds if the judge, the district attorney, and the marshal shall to the salary plan. be paid their expenses in traveling from one point to another in the dis This opens the door to any amount of ''necessary'' traveling expenses, charge of their duties. It is a wise provision, and one which should in a Territory like this, whiclt may be enormous in extent, entirely ac not be changed. cording to the will of the incumbent of the office. It opens the door 1\Ir. LOOE. May I ask the gentleman from Arkansas a question? and gives inducements to enlarge expenses. The principle is a vicious Mr. ROGERS, of Arkansas. Certainly. . one. I would much prefer, and it occurs to me it is in harmony with Mr. LORE. _Would it not be a better arrangement to give ajndge a our practice, if this salary is not sufficient, that we should increase it sufficient salary than to allow him expenses? and make it enough to" oover the expenses which we deem reasonable and Mr. ROGERS, of Arkansas. If 'fe were in possession of information proper-to give a reasonable fee. I apprehend it is entirely within the as to what would be the necessary expenses in traveling from one point knowledge of this committee to determine what would be a fair com to another we might do that. But can my friend from Delaware tell pensation not simply for the service to be rendered, but for the ex me anything. about the mode of traveling between those two points? penses necessarily incurred. It is with great reluctance that I would Gentlemen here can not tell that any more than in reference to a conn see ingrafted or connected with any office created by this Congress that try they had never heard {)f. principle of paying expenses. It affords too much temptation to weak Mr. EVINS, of South Carolina. I may state that this bill provides men. that special sessions of the ~nrt may be held at other points; and the Mr. HOLMAN. Will not my friend from Delaware allow me to sug distance to Oonalaska is 1,200 miles. gest that the facts brought to the knowledge of Congress by investigations Mr. ROGERS, of Arkansas. Somnchstronger, then, is the argument made on the part of the committee to inquire into the expenditures in that this provision should be .embraced in the bill. If it is not, the the Departm~nt of Justice show beyond question that you can not whole salaries of the judge, marshal, and district attorney may be ab enter upon legislatio,n like this without opening up very broad avenues sorbed in traveling in the discharge of their duties. Shall we provide for fraud? for the appointment of these parties to discharge important duties, and Mr. LORE. There is no question of that, sir. And there is another then require them to absorb their entire salaries in traveling from one difficulty. Yon also multiply the accounts to be acted upon by the point to another? I say it is not sound policy; it is not good sense; it Departments here. You not only open the door to extravaooance, bnt is not wise legislation. And considering how little we know of the yon create another list of a.ccennts which must come to the respective circumstances of this Territory, I think it the wiser and more prudent Departments to be viseed by the officers who are here. In every re course that the system provided by the Senate in this. bill should be spect, sir, and every phaae of this question, it is objectionable. It adopted. introduces a vicious system; it inaugurates another series of accounts MESSAGE FROM THE SENATE. to be audited and pMSed upon by the officers here. It not onlf en The committee informally rose; and the Speakerhavingresumed the larges the avenues of corruption, bnt increases unnecessarily, and I chair, a message from the Senate, by Mr. McCooK, its Secretary, in think improperly, the accounts which have to be audited by the officers formed the Honse that the Senate had passed without amendment a bill of the Government. ofthe Honse of the following title: [Here the hammer fell.] A bill (H. R. 2267) granting an increase of pension to Samuel C. Mr. ROGERS, of Arkansas, rose. Wright. The CHA.IR1t1A.N. Debate on this amendment is exhausted. The mess6ge further announced that the Senate had passed bills of Mr. HOLMAN. I will withdraw the amendment if the gentleman the following titles; in which the concurrence of the Honse was re from Arkansas desires to be heard and he will renew it. quested: Mr. ROGERS, of Arkansas. I do not desire to renew the amendment. A bill (S. 282) granting a pension to A. M. Wilson; I want to be heard upon it. I think my friend from Indiana, as well A bill (S. 670) granting an increase of pension toN. J. Ingersoll; as my friend from Delaware, are both laboring under a misapprehen A bill (S. 1339) granting a pension to Frank Gray; and sion upon the subject involved in this bill. This bill does not pro A bill (S. 2169) to place ffiysses S. Grant, late General of the Army vide that the deputy marshal shall be paid anything for traveling of the United States, upon the retired-list of the Army. expenses. Mr. HOLMAN. There was no intimation of that kind. Reference CIVIL GOVERNMENT FOR ALASKA. was made to judge, marshal, and attorney. The Committee of the Whole resumed its session. ~. ROGERS, of A.rkansa.s. This bill provides in a former section Mr. HOL:rt1AN. I withdrew my amendment, supposing the gentle thap two terms of the court shall be held, one at Sitka and the Mher at man from Arkansas would renew it. If he did not do so, I now renew Wrangel. Will my friend from Indiana tell me how far it is between it myself. these two points? I can not consent that the remarks of the gentleman from Arkansas Mr. HOLMAN. I do not recollect at this moment. touching the poverty of these salaries should go without some answer. 11-Ir. ROGERS, of Arkansas. Will my friend from Delaware tell The gentleman speaks of $3,000 for the judge, $2,500 for the district me? attorney, and $2,500 for the marshal as being beggarly salaries. I do Mr. EVINS, of South Carolina. The distance is about one hundred not see why he should apply to them such a term. The gentleman does and sixty miles. not think that these officers should l>e required to travel one hundred and Mr. ROGERS, of Arkansas. That is two hundred miles less than I sixty miles to_attend courts unless the cost of that travel should also be should have guessed it at. These two courts are nearer to each other added to their salarie..:;? Uyfriend from Arkansas makes avery differ than I had anticipated. The object of the provision of this bill to which ent speech before his constituents if he represents the salaries as paid the gentleman from Indiana. [Mr. HoLMAN] objects is to allow the by this Government as small sala.ries-a very different speech from what judge, marshal, and district attorney, while traveling between these gentlemen making a race for Congress are accustomed to make in the two points to hold court, their expenses. My friend says these are region of country I have the honor in part to represent. My friend asked large salaries. He says $3,000 is a large salary for a judge. I say, me a question in geography. Let me ask him one in political economy. Mr. Chairman, if the judge who shall be appointed is competent to fill What is the average compensation received by the field laborers ofthis the place that is a small salary. The gentleman says there is but country, and by men of skill in the various fields of labor in the mine little business. We can not tell what business there will be in that and the workshop and at the forge? What is their average compensa country when the laws of the United States are extended over it. Be tion? sides that, it is an expensive country to live in, and the office a most Mr. BRENTS. It is a good deal moreinA.laskathan it is in Indiana. important and responsible one. Mr. HOLMAN. What are the average earnings of our people? Not The gentleman says this is a new departure. It is nota new depart one-fifth as much as these salaries. ure. •In point of fact, in years gone by, where two courts have been And yet my friend thinks that a-salary three or four times as large held in the same district, it bas been the usual practice to allow the as the average earnings of our people is a poor salary to be given to an. 4126 CONGRESSIONAL RECORD-HOUSE. MA._y 13, officer, and that no man of any degree of competency could be expected ways felt by right-thinking men concerning their private interests, to take the plare with such a meager compensation. I undertake to would in the end adorn the bench and honor the public service and the say that the salaries which are given the officers of our Government are country. I want to see the temptation to them to retire from honor large salaries, so enormously beyond the average compensation which able place and go into the service of corporations removed. It will our people receive in their various industries that all that is surprising elevate the bench and honor the country if we adopt that policy. to me is that the masses of the people of this country have not long Mr. STRUBLE. 1\Ir. Chairman, I shall not occupy but a moment's since risen up and demanded that they should be reduced to the fair time, but wish to make a few remarks in the line of those just con average compensation which men are able to earn in other than Gov cluded by the gentleman from Arkansas [Mr. ROGERS]. A few mo ernment employments. ments ago I endeavored to secure recognition with a view to making Why should it be said, by any Democrat at least, that the salaries of some of the points so ably covered by the gentleman to whom I have our public officers, of men who have the honor of holding public posi referred, but will now content myself with a reference to one or two tions, and who in addition to the moneyed motive have the motive of considerations which I deem of importance in connection with the q ues holding office, that higher motive of honor in a public position-why tion of salaries of these officers. should it be said that the salaries of such men should be so enormously In reply to the distinguished gentlemen who are objecting that the beyond the average compensation which men are able to earn in employ salaries proposed to be paid to these officers are too large, or large enough ments requiring cultivation, intelligence, skill, and industry? Can it without allowing traveling expenses when engaged in the discharge of be said that salaries are small when they are so enormously beyond the their official duties, I desire to remind the gentlemen that, a they earnings of om people in the various industries of life? No, sir; the well know, we are dealing with anew Territory which the bill proposes salaries paid to our public officials are disproportionately large, and the to organize. The work to be done, then, is foundation-work for the labor of the American people should not be taxed to pay salaries beyond future, and while it may not promise much in tbewayofresults, while what men are able to earn in callings requiring skill, integrity, and the location of the Territory and the character of the inhabitants may ability. not seem to justify anything like liberality in the appropriations of For one I protest against the pretense that any salary paid by the money for the payment of salaries to officials, yet if anything is to be Government is disproportionately small to the amount of service re done in the way of providing civH government for Alaska, it seems quired. I should be glad if my rriend from Arkansas [Mr. ROGERS] to me, sir, that it is worth while to do well what is to be done, would remember that as you increase salaries you remove that higher even though it may appear probable that the results may not meet motive for public employment which prevailed in former years under the present expectations of the friends of this measure. For my part low salaries, that sentiment of honor derived from public employment I regard it the solemn duty of this Congress to make speedy and ade which should rise entirely above any compensation other than that quate provision for the establishment of a civil government within which is fair and reasonablefor a given service, whether it be in public that Territory, and the education and civilization, in so far as may be employment or in the private relations of life. possible, of the natives inhabiting that country. The success of the Mr. ROGERS, of Arkansas. Ihaveonlyafewobservations to make effort and purpose to establish a government there and plant the seeds in response to my friend from Indiana [lli. HoLMA~]. I would sub of an American civilization in the minds and hearts of the people will mit to the intelligence and candor of gentlemen present whether or not depend much upon these first steps now being· taken in the direction we are to adopt as the standard of the salary of a Federal judge the com indicated. pensation which a mere skilled laborer can obtain for his services. Is Now, shall we provide salaries for these officers who are to under that the way we are to measure the value of the services of a man who take this work which will be entirely inadequate to induce men of has devoted his life to the study of a profession and has reached that character and ability to seek the positions to be created by the bill? point of distinction and reputation where be is selected from his fellow Shall we make these salaries so inadequate that none but political ad citizens to fill a responsible position of this character? Sir, the ques venturers will desire the appointments; or will Congress provide such tion carries its own answer. · salaries as will operate to induce men of intelligence and reasonable I have this to say in that connection, and I say it openly and boldly, ability to desire these plares of responsibility, and thus make it proba and will go to my constituents upon it: that I am prepared whenever ble that the affairs of the government and the people living there will we shall reach the Senate bill on the subject to vote to increase the be in good hands ? salary of every Federal judge in this country to $5,000 a year. That is The men who .fill these offices should becompetentandreliable; they little enough to secure that character and intelligence which ought to should be almost as good men as the average Congressman, if not better. be possessed by a man selected to preside upon the Federal bench of this And what member of this House let me ask, even were be seeking offi country. cial position, would desire to accept any one of those named in this bill Mr. HOL~IAN. Does my friend from Arkansas think that integrity upon the salaq therein provided? and character will be promoted by introducing into public employment It must be admitted that the prospect is not an inviting one. The a mercenary motive instead of the sentiment of honor? men who become. the officers of the government under tbis bill, if it Mr. ROGERS, of Arkn,nsas. I listened to my friend from Indiana becomes a law, must leave their homes in the States, where they have while be was speaking, and I hope he will pay me the same compliment long enjoyed the comforts and advantages of civilization. 'l1ley will now and not endeavor to make my speech. Let me say to him in this go to a bleak, barren land, and there remain, while holding these posi connection that the facts are against his argument. In the circuit in tions, surrounded by the most unfavorable and uninteresting condition . which I myself live we have had within the last ten years the unseemly If they have wives and children, they too, unle s left behind, must sub exhibition of two Federal judges resigning their positions in order that mit to the disagreeable circumstances incident to such surroundings; they might in some other employment make money enough for the sup and, sir, I am free to give it as my opinion that the provisions of this port of themselves and their families. No man stood higher on the bill as to the salaries to be paid are not too liberal for the services and bench than Judge Dillon, but be retired from that high and important sacrifices demanded of those who will receive them iftbis bill becomes position, important to us and to the country, in order that he might a bw, and I hope, therefore, that the proposed amendment will be re enter into the employment of a corporation which would give him for iected. his ervices and intelligence sufficient to secure a living for himself and JHr. HOLMA...~. Does not my friend know that generally the per his family; and his ·successor, Judge McCrary, retired from the same sons appointed to these Territorial judgeship are lawye1'S who do not po ition for the purpo e of entering the employment of a corporation. earn in their profession more than Sl,OOO or 1,500 a year? And in my own State within the last three years we have had the [Here the hammer fell. ] exhibition of nearly one-half of the circuit judges retiring from the :Mr. EVINS, of South Carolina. Without occupying time, I ask for bench mainJy because the salarie which theyreceived were.so inade a vote on the amendment, which I hope will be voted down. quate that they were un'villing to remain upon the bench in justice to The amendment of Mr. HOLMAN was not agreed to. themselves and their families. The Clerk read the remaining ections of the bill, as follows· Mr. HOLl'IUN. And the sooner such judgelil retire the better for the SEc. 10. That any of the public buildings in said district not required for the public service. customs service or military purposes shall be used for court-rooms and offices of the civil go>ernment; and the Secretary_of the Treasury is hereby directed Mr. ROGERS, of Arkansas. I trust the gentleman will adopt my to instruct and authorize the custodian of said buildings forthwith to make suggestion, and make his own speech in his own time. That may be such repairs to the jail in the town of Sitka, in said district, as will render it 4is opinion; it may not be correct; gentlemen will differ. I have an suitable for a jail and perutentiary for the pw·poses of the civil government hereby provided, and to surrender to the marshal tbe custody of said jail and other suggestion to make in that connection. It is a common argument the other public buildings, or such parts of said buildings as may be selected upon this floor that we can always obtain men to perform certain serv for court-rooms, offices and officials. ices for some low salary that is proposed. Yes, we can, but it is not SEC.ll. That the Attorney-General i directed forthwith to compile and cause to be printed in the English la-nguage, in pamphlet form. so much of the gen always demonstrntecl that we can get as good men, men of as high char eral laws of the United States as is applicable to the duties of the governor, acter, men of as much integrity, men of as great capacity and fitness attorney,judge, clerk, marshal , and commissioners appointed for aid di trict, for the positions as those who retire from high and honorable places in and sha,ll furnish for tbe use of the officet"S of said Territory so many copies as may be needed of the laws of Oregon applicable to said district. the public service to take private employment forbett~rremuneration . SEc. 12. That the Secretary of the Interior shall select two of the officers to l>e For thi'5 reason, i~ for no other, I would attuch to the judicial office a appointed unde1· this act, who, together with the governor, shall constitute a. salary ample to retain in the public service persons fully qualified and commission to exnmine into and report upon the condition of the Indians re siding in said Territory, what lands if any, should be reserved for their u e, eminently fit for the office; persons who, appreciating the distinction what pro,ision hall be made for their education, what rights by occupation of attaching to the judicial office and freed from the care.and anxiety al- settlers should be reco:;nized, and all other facts that may be necessary to en- 1884. CONGRESSIONAL RECORD-HOUSE. 4127 able Congress to determine what limitations or conditions should be imposed electoral college, when for a much larger number of our population a. when the land laws of the United States shall be extended to said district; and to defray the expenses of said commission the sum of $2,000 is hereby appropri Congressional district has only one vote. This theory, Mr. Speaker, ated out of any moneys in the Treasury not otherwise appropriated. was recognized in the compact between the States, and it was agreed SEC. 13. That the Secretary of the Interior shall make needful and proper pro there should be in this House representation according to population, visions for the education of the children of school age in the Territory of Alaska., without reference to race, until such time as permanent provisions shall be made while in the other House representation should be according to the for the same; and the sum of $25,000, m.· so much thereof as may be necessary, States. So far as the pending measure is concerned the Committee on is hereby appropriated for this purpose. Territories have only given expression to this weR-recognized theory of SEc. 14. That the provisions of chapter 3, title 23, of the Revised Statutes of the United States, relating to the unorganized Territory of Alaska, shall remain our Government. We say, therefore, that a Territory when it comes to in full force, except as herein specially otherwise provided; and 1he importa be admitted into the Union as a State should have at least the same tion, manufaeture, and sale of intoxicating liquors in said district, except for population required for representation on this floor. We do not believe medicinal, mechanical, and scientific purposes, is hereby prohibited, under the penalties which are ~rovided in section 1955 of the Revised Statutes for the wrong there is any justice in thirty or forty thousand people being allowed a. ful importation of dlStilled spirits; and the President of the United States shall Representative in this House when 150,000 people are required for a make such regulations as are necessary to carry out. the provisions of this sec Representative from any of the States. tion. Now, this particular feature of the pending·proposition has been rec Mr. EVINS, of South Carolina. I move that the committee rise ognized in other bills. Gentlemen may •ay it will not bind future and report the bill to the House with a favorable recommendation. Congresses. That to some extent may be true, but it puts people on The motion was agreed to. their guard, it puts the Territories on their guard. It tells them that The committee accordingly rose; and the Speaker having resumed the a certain number of popula1ion will be requisite before they can be ad chair, Mr. Cox, of New York, reported that the Committee of the Whole mitted as a State into the Union. It was conceded, as I have already House on the state of the Union, having had under consideration the bill said, in the compact between the thirteen States that representation in (S. 153) providing a civil government for Alaska, had directed him to re this House of Representatives should be according to population. This port back the same with a recommendation that it pass. is only carrying out that theory. That compaet was agreed to by the Mr. EVINS, of South Carolina. . I demand the previous question on larger States in the Union in consideration that representation in this ordering to a third reading the bill just reported from the Committee House should be according to population, while in theSenate it should of the Whole on the state of the Union. be according to States. The previous question was ordered; and under the operation thereof But the committee does not propose to argue the question. They the bill was ordered to a third reading, and was accordingly read the submit it for the action of the House, and if there be no objection we third time. propose to let it go through. If, however, there shall be objection we Mr. EVINS, of South Carolina. I now demand the previous ques propose to be heard on the subject. If there is to be objection and de tion on the passage of the bill. bate is to proceed, I will yield. my time to the gentleman from illinois The previous question was ordered; and under the operation thereof [Mr. TOWNSHEND] who introduced the bill. the bill wa-s passed. Mr. KASSON. I hope the gentleman from Georgia willhearmefor Mr. EVINS, of South Carolina, moved to reconsider the vote by a single moment. which the bill was passed; and also moved that the motion to reconsider Mr. HARDEMAN. With pleasure. be laid on the table. Mr. KASSON. There is• one very serious objection, and I think a The latter motion was agreed to. very sufficient one to this bill. It imposes one sort of restriction upon ENROLLED BILLS SIGNED. the future action of Congress in admitting under a constitution satis Mr. PERKINS, from the Committee on Enrolled Bills, reported that factory to it any Territory as a State ini:Q the Union. That can not the committee had examined and found truly enrolled bills of the fol bind Congress. This bill goes on tl}e theory it can bind Congress, and lowing titles; when the Speaker signed the same: it attemptS to bind the people. 'My second objection is that it is A bill (S. 316) granting a pension to Mrs. Katharina T. Wunsh; and wrong. It is in spirit unconstitutional, inasmuch as it denies to the A bill (S. 1369) to prevent and punish the counterfeiting within the people of a Territory the right to petition in its highest form. That United States of notes, bonds, or. other securities of foreign govern highest form is the assemblage of the people of a Territory of this Union ments. to consider their interests and declare the conclusion 1!hey have come to ADMISSION OF TERRITORIES AS STATES. in the embodied form of a constitution and to present it to the Congress Mr. EVINS, of South Carolina. I now call up from the House Cal of the United States. endar for present consideration the bill (H. R. 216) in relation to the My great objection in the form in which the bill provides for certain admission of Territories as States into the Union. results is that it prohibits the people who are pro tanto sovereign in the Mr. BRENTS. I make the point of order that this bill is not in order Territories from embodying their rights in the form of a constitution under the resolution fixing the order of business for this day. That and presenting it here with their petition to be admitted as a State of resolution excludes bills of this character. the Union. Mr. HARDEMAN. I will state to the gentleman from Iowa that The SPEAKER. According to the recollection of the Chair th~ order there is no provision in this bill like that to which he refers. The peo referred to exclu~es the consideration of bills providing for the admis sion of new States. ple of the Territory can always petition Congress, and they do petition 1\Ir. BRENTS. This bill makes provision for the admission of Ter Congress; but, sir, the Congress simply says in this proposition, "We ritories as States. lay it down as a rule, as a part of the programme of the Representa The SPEAKER. The Clerk will read the order, after which the tives of the people, that before we will hear a petition of a Territory Chair will decide the question. that they may make their petition if they please-but before we will The Clerk read as follows: hear it we will require a Territory previous to admission as a State into the Union to have the same number of population required for repre Resowed, That Tuesday, AprilS, and Tuesday, May 13, immediately after the reading of the Journal, be set apart for the consideration of bills reported by the sentation for a Congresssional district in one of the States; that it must Committee on Territories ; not, however, to include any bill for the creation of have a population equal to the existing ratio of representa.tion. '' new Territories or the admission of new States. In the Senate, in reference to the· a.dmission of Colorado, the same The SPEAKER. Unless this bill provides for the admission of some principle arose. A question was asked of Mr. Wade, then in the Sen new State into the Union it is no~ excluded by the language of the ate, in reference to the binding force upon future Congresses of the pro order just read. vision relating to the qualification of voters, namely, that the word The bill was read, as follows: ''white'' should be stricken out and should not be in any other bill, Be it enacted, &c., That hereafter no Territory shall form a constitution or ap and it was agreed to by the Senate and put in the bill that Congress ply for admission as a State into the Union until it shall contain a. population should pass no enabling act without this provisioll. So we do not say equal to that required in a. Congressional district in order t~ entitle it to repre to the Territorie , "You shall not come here to petition;" but we do sentation in the House of Representatives. say, injusticetowhatisrequiredofevery tate in the Union, "We The amendment reported by the Committee on Territories, to insert will not give you a Representative on this floor for twenty-five or the word ' ' permanent '' before the word '' population,'' was also read. thirty thousand and give you besides two Senators in the Senate and Mr. EVINS, of South Carolina. I yield to the gentleman from three representative:;; in the electoral college." There is no justice in Georgia [Ur. HARDEMAN]. it. This is the position which has been taken by Senator Buckalew 1\Ir. HARDE IAN. Mr. Speaker, this bill has been reported from and others. the Committee on Territories unanimously. We do not think there is Mr. KASSON. Allow me to proceed a little further. any necessity for its discussion, as the proposition is a plain and clear Mr. TOWNSHEND. The gentleman from Georgia ha-s given me his one. It simply recognizes the right on the part of Congress to express time and I will reserve it or I will yield to the gentleman from Iowa if in this form its opinion that a Territory before it is admitted into the he prefers. Union as a State should have a population equal to that of a Congres 1\Ir. KASSON. I will po tponewhat I have to say. I recognize the sional district entitled to a Representative in this House. We hold it to right of the gentleman from Illinois to the floor. be unjust for a small portion of the population of the country residing in a J\Ir. TOWNSHEND. I do not wish to takethefloorfrom the gentle Territory to be represented not only in this House but to have in addition man from Iowa at this time. two Senators in the other House, thus giving a mall part of the popu The CHAIRMAN. The time occupied by the gentleman from Iowa latiolf in the country three votes in Congress and three votes in the does not come out of the time of the gentleman from Illinois. 4128 CONGRESSIONAL RECORD-HOUSE. MAY 13,

Mr. TOWNSHEND. I reserve my time. Mr. KASSON. I think there is no precedent. Mr. KASSON. I wish to say I think the gentleman from Georgia ~- COX,.of_New Yor~. I think! could finda resolntionpassed by does not yet appreciate the actual scope of the bill which he advocates. this House similar to this one, where Congress declared no Territory It reads: should be admitted as a State into the Union unless there was a ratio Hereafter no Territory shall form a constitution or apply for admission as a sufficient at least for one member of Congress. It is a good rule. It State into the Union until, &c. is a. pity we had not worked on that rule when we came to admitting Now, it can not even come before Congress under the conditions of Nevada, which is now even losing its population instead of gaining. It this bill with an application. If that is not a denial of the rights of is the anomaly of our Government that Nevada with a population not the people of the Territory to petition Congress in important matters large enough for one member of Congress has the power in the Senate affecting their interests, I do not know what it is. of New York with her five or six millions of population. If we can What have been the precedents in Congress? Congress has always not in our apportionment and distribution of Federal power and in reserved to itself the right to act upon the emergencies and the ·neces drawing a dividing line between Federal and State supremacy-if we sities of the occasion as they may arise. Congress has always enter~ can not lay down a rule that there must be at least a population suffi tained a petition, whether in the form of a constitution presented, or a cient for one member of Congress, we may besnbject hereafter to such resolution of a Territorial Legislature, or in any other proper and re a system as may lead in the end to the disrnption of our old-time State spectful form, and reserved to itself the right to hear and decide upon rights autonomy. the application of the people of the Territories. I am in favor of this bill because it will have moral emphasis. I am But this bill declares that the people of the Territories shall not even in favor of it becauseit does not interferewithpopularor squatter sov make an application to Congress. I hold, sir, that you are putting the ereignty. It allows the people of the Territory, subject to the Consti people of the Territories, therefore, under a ban of slavery without tution-subject to this rule, if yon please-to come here with their con precedent, touching any portion of the people of the United States, by stitution made in pursuance, if yon please, of this direction of Congress. passing this bill; and it is absolutely useless, for any sub equent Con There is nothing in this bill ~ inhibit a Territory having a population gress may repudiate this law and entertain both their petition and the less than the 150,000 ratio from coming here with a constitution. But presentation of a constitution should they form one. it is in the same condition, or in pari passu, with an enabling act by Con Suppose that the people of a Territory, notwithstanding your prohi gress, whereby we have frequently, as in the second act with relation to bition, do meet in general convention and form a constitution. How Kansas and Nebraska, enabled Territories to come forward and be ad will yon punish them? What penalty will yon impose? Where is mitted as States sometimes on proclamation to be made by the Presi the provision in your bill that precludes them from the exercise of dent or on their complying with certain conditions, and sometimes by that sovereign right-! may call it squatter sovereignty in memory of enabling the Territory, under the direction of Congress, to prepare its old times? How will yon manage to enforce the prohibition you seek organic law and come here for admission. to impose? It is nothing more than the passage of a mere resolution I am in favor, therefore, of this bill because it is not anything but a on the part of the House of Representatives as to what is expedient to fair, just restriction upon Territorial or popular sovereignty. And it is do. It can have no other effect. fair to the people of the larger States of this Union, who have a right to But, sir, I protest against putting a law upon the statute-books that demand here that at least a sufficient number of people shall be in the says the people of the Territories shall not have the privilege of applying Territories when theycome forward and ask to :fix their star beside the for anything that they think it their interest or duty to demand at the other stars in our constellation. hands of the Congress of the United States. Yon might as well say Mr. KASSON. I will read to the gentleman from New York the that they shall not apply for the passage of further Territorial laws. clause of the Constitution to which !'referred: Yon may restrict them in any other improper way, you may.deny them Congress sha.ll make no law respecting an establishment of religion, or pro anything yon please, if yon may deny them this last sovereign right of the hibiting the free exercise thereof; or abridginjjt the freedom of speech, or of the citizens to get up their prayer and ask for admission as a State in the press; or the right of the people peaceably to assemble, and to petition the Gov Union. ernment for a redress of grievances. We have admitted California without a particle of preceding action. .Allow me to saythisisthehighestcourttowhich thepeoplecancome We have allowed hitherto every Territory in the Union to· present an for the redress of grievances or when they wish to change the form of organic act for. our approval and admission as a State; but now for the their government. And I call the attention of the gentleman from New first time you take a new departure, and seek to d"eny to any Territory York to what I think he baa yet failed to see. When the bill sa:rs the the right even to say to Congres.! in the form of a constitution what people shall not apply even for admission as a State until so and so, I they desire, and further yon deny to them the right of an application think it violates the spirit of ~he Constitution and attempts to bind Con to Congress for admission into this Union as a State. · gress in the exercise of its power under the clause which gives the right I think, sir, I do not misapprehend the provisions of this act. The for the admission of States. people of a Territory shall have neither the power of forming a consti Mr. COX, of New York. I will_answer the gentleman from Iowa, tution nor the right to prepare a petition for admission as a State until in the first place, by saying when the Constitution was made the makers certain conditions exist. Tha.t is the provision of the bill; and when of it never contemplated a Territ<>rial form of government for our out you enact the law it is futile and without effect, because you can not lying Territories. Where the word "territory" is used in the Constitution· enforce it by any penalties upon the people of a Territory. Besides, it is used to apply to the property, not to the form of government. yon can not bind another Congress as to whether it shall entertain the :Mr. KA.SSO.N. Do you not remember the Northwest Territory ? application, if made, or not. I hope the House will construe this on the That was before the adoption of the Constitution. principle which will be admitted on every hand, that it is a. declaration 1\Ir. COX, of New York. That was under the ordinance of 1787. in the form of law which denies the people of the Territory one of the I remember all about it. customary and what I will call constitutional rights of the people to lay 1\Ir. BRfu~TS. You have a good memory. [Laughter.] before Congress their wants and petition them for ~ political organization. Mr. COX, of New York. The gentleman from Iowa says this vio Mr. TOWNSHEND. I yield ten minutes to the gentleman from lates the right of petition. The right of petition, 1tfr. Speaker, is almost New York [Mr. Cox]. obsolete in this country anyhow. We merely put our petitions in a Mr. COX, of New York. Mr. Speaker, it has been my privilege since box. The free press of this country is the medium by which Congress I ha.ve been in Congress to vote upon the admission of some half a is reached now. But the right of petition is not invaded by this bill. dozen States into this Union. The question debated by the gentleman Will the gentleman from Iowa, or will any man, woman, or child who from Iowa is therefore no new question to me. The gentleman from is ag.,oTI.eved by anything done in this country bring forward their griev Iowa seems to take the old ground which we of the Douglass time ances in the form of petitions and put them in that box? took on the Kansas-Nebraska and Lecompton.constitutions in favor of 1\Ir. KASSON. But when a Territory wants to claim admission as Territorial, or squatter or popular sovereignty against the attempt of a State you say by this bill they shall not do it unless under certain Congress on the Wilmot proviso inhibiting slaV'ery. The gentleman circumstances. seems to be arguing now in favor of the old Douglas Democracy and 1\Ir. COX, of New York. We do not interfere with the right of pe· against the right of Congress to say what. shall be the conditions of the tition. admission of a State into this Union. 1\Ir. POLAND. I will ask my friend from New York what he sup Now, Mr. Speaker, I lay down this rule as onethatwill not be ques poses will be the precise legal effect of this bill if it becomes a law? tioned: that under the Constitution of the United States every law 1\Ir. COX, of New York. It will be moral mostly, just as the effect made here is revocable by the power that made it, subject to the Con of other laws is which you have made before and which are moral in stitution. their effects. The great distinguishing line.between the party so ably This declaratory resolution as offered by the gentleman from illinois represented by the distinguished jurist from Vermont and the party I has no power to bind a future Congress or this Congress if they choo e speak for is that whereas we have endeavored by legislation to make to repeal it and substitute another. But it has and must be considered laws binding and legal, the gentlemen on the other side generally claim to have some force and effect, mo.ral if not lega.l, for the direction of to represent a party of high moral ideas irrespective of legality. the people of the Territory in forming their constitution. In this it Mr. BROWN, of Pennsylvania. Yes, you are trying now to get on follows the precedent of the ordinance of 1787, and j t follows other prec our ground. edents laid down here by resolution in this Congress after the great Mr. COX, of New York. Yes, I am treading somewhat on. your contest in the Kansas-Nebraska matter. ground. 1884. CONGRESSIONAL RECORD-HOUSE. 4129

Mr. POLAND. Suppo ethis bill shouldpassand become a law, and hasbeenextendedtothewholeoftheoriginal TerritoryofOregon, which at the Yery next session of Congress, or during this very session of Con included the present State ofOregon, the Territory of Washington, the gress, a Territory with a less number of people than is here prescribed Territory of Idaho, and a portion of the Territory of Montana. Now, if should apply for admission as a State and Congress should see fit to you undertake to pass this bill, you will do it, o far a that Territory admit it. is concerned, in direct conflict with the compact you have made with Mr. COX, of New York. I have already answered that question by those people. aying-and I quote Jeremy Bentham on it, and I am sure my friend There was a lengthy debafie on the bill for the admission of Oregon. from Vermont[M.r. PoLAND] will remember, wherehesays that there It was universally admitted that this provision of the ordinance of 1787 is no such thing in this country or in any country, and ought not.to be, applied to that Territory. Therefore when Oregon applied for admis as an irrevocable law. All laws should be revoked at times when peo sion it was contended by the lamented Alexander H. tephen who had ple de ire it. Even our Constitution is revocable by the prescribed charge of the Oregon bill, that the compact wa extended to that Terri mode; and under the Constitution all the laws which we make are tory by the provisions of the fourteenth ection ofthe act of August 14, revocable. 1848, and that the Territory was entitled to admi jon a a , tate at One generation should not bind another; that is democracy. One that time with 60,000 free inhabitants. The representative unit at that generation has not all wisdom; wisdom does not die with any one gen time was 93,423; but Oregon was admitted upon the plea that not to eration. One Congress can not bind another. The next Congress can admit her, if she had 60,000 free inhabitants, would be a nolation of wipe out this law at its pleasure. I concede all that; and yet I insist the compact. there is much of emphasis of direction, of force in a measure like this Now, as I said a moment ago, the Constitution is not yet one hun for the continuance of our own good order, which, when we come down dred years old. The fathers in their wisdom saw fit to throw no re to it, is really that there shall be so many peopl'e in a given Territory for striction around Congress in deciding upon the application ofnew States the purpose of representation, fixed by the ratio established in the ap for admission, but left the matter to their own wise discretion unre portionment of representation by Congress. strained. In that time twenty-five States have ~en admitted into this Mr. PETERS. Can not the next Congress ignore this bill entirely? Union. Of those twenty-five Maine and West Virginia were formed Mr. COX, of New York. I have just said that I believe it can; and out of portions of States previously existing. Texas prior to entering God only knows what a future Congress will not do if you have the the Union was an independent republic. Vermont, I believe, wa a control of it. colony of New York, and Kentucky a colony of Virginia. With the Mr. CASSIDY. .And you would prohibit the people from coming exception of these States all the rest have been formed from territory here with a regular constitution and form of government. ofthe United States. [Here the hammer fell.] At the time of the formation of the Constitution the representative Mr. TOWNSHEND. I would inquire, Mr. Speaker, how much time ratio· was 30,000. If that ratio had continued until the present time I have left? this House would now contain some 1,600 or 1,700 members. But at The SPEAKER. The gentleman from Georgia [Mr. HARDEMAN] each successive decade, with one exception I believe, the representative occupied fifteen minutes of the time. unit has been increased. If the membership of this House had not been lli. TOWNSHEND. AndthegentlemanfromNewYork[Mr. Cox] enlarged from sixty-five to three hundred and twenty-fi-ve, the present occupied ten minutes. . number-five times as large as it was originally-the representative The SPEAKER. The Chair included that in the fifteen minutes. unit at this time would be 759,532; and if this number were now the There is forty-five minutes remaining to the gentleman from illinois representative unit, and the rule now proposed were applied to new [l\1r. TOWNSHEND]. States, this would be the population required of any Territory before 1\fr. TOWNSHEND. I will reserve that time. being allowed to participate in the Government of the United States. The SPEAKER. Then the Chair will recognize the gentleman from Under such a rule how many of the States do you suppose would be Ohio [lli. KEIFERJ. excluded? Mr. KEIFER. And I yield to the gentleman from Washington Ter- But even upon the present representative basis there are now two ritory [Mr. BRENTS]. · States in this Union which by the last census have not the requisite l\1r. BRENTS. I regret most profoundly that this bill has been called number to entitle them under the theory of this bill to a Representa up in a· day set apart for the consideration of legislation in the interest tive in this House. Delaware, one of the original States, has not for and for the benefit of the Territories. Unquestionably it can be of no more than thirty years had the number propo ed now to be required benefit whatever to the Territories, nor, I think, to any one else. It is for admission into the Union. The State of Nevada has not perhaps

mere brutum fubnen; it can amount to nothing. This same Congress1 one-:fi.ft,h, certainly not more than one-fourth, of the requisite number. when it meets to-morrow, may admit a Territory as a State without the Why do you propose to make this discrimination against these new population required by this bill. States that are coming up from theWest? Why do you propose to lay The Constitution of the United States is not yet a hundred years old. down a rule which will in the future completely close the door against In that Constitution the fathers provided for the admission of new the admission of new States-States formed out of the territory of the States. They threw around that provision no restriction whatever; United States, composed of citizens of the United States-persons en they left it to the judgment and to the conscience of each Congress titled to participation in your Government, as declared in the ordinance when any Territory should apply for admission as a State to determine of 1787, at the earliest possible moment? t all the questions involved-the question of population, their number, Mr. Speaker, I had not intended nor am I prepared to enter mto a their character, their wealth, and their ability to sustain a State gov full discussion of this question; but it seems to me that this bill if passed ernment as a member of this Union. This bill proposes to limit and will be not only a useless declaration amounting to nothing in the world restrict a power which under the Constitution is unlimited and unre- except for its ''moral effect'' of which my moral friend from New York stricted, and is therefore unconstitutional. · [Mr. Cox] speaks, but if it is to have any force or effect hereafter, it It was then the spi.rit of the day that the people should be allowed will operate with great inju tice and as a limitation of the power con= to govern themselves; and so when the ordinance of 1787 was enacted ferred by the Constitution :j.n the admission of new States. by the Congress of the Confederation for the government of the terri My own Territory is now an applicant for admission into the Union. tory northwest of the Ohio River, while the constitutional convention So far as that Territory is concerned, however, I want it understood was still in session, they made provision that when any of the districts, that this act can not harm her, because we have the requisite popula as they were called in the ordinance, should have 60,000 free inhab tion. itants it should be entitled to admission as a State in this Union. l\Ir. TOWNSHEND. What did the census show? That same provision wa extended to the territory south of the Ohio Mr. BRENTS. It showed our population to be at that time 75,000 River which afterward became the State of Tennessee. When Tennes and a .little more. But there is no question that at the present time ee appliedfor admission the provision authorizing admission with 60,000 we have population sn:ffi.cient to entitle us to a Representative on thi free inhabitants was in force. I have here a special message sent to Con :floor. Do you propose under these circumstances to exclude us by rear gress on the 8th of April, 1796, by the first President of the Uni~d son of the insn:ffi.ciency of our population as returned by the last cen tates, recognizing that compact made with the people of j:.hat terri sus? Do you propo e to keep us out for that reason for the next ten tory. I will read a portion of it: years? Even at the end of that period if the aggregate membership of Gentlemen of the Senate and of the House of &J>1·esentatives: this Honse be reduced or allowed to remain where it is, the representa . By ~n act of Congres.s passed on the.26th of May, 1790, it was declared that the tive ratio may be so increased that even with 200,000 or 300,000 popu- Inhabitants of the territory of the Umted States south of the river Ohio should lation we may still be excluded. · enjoy all the privileges, benefits, and advantages set forth in the ordinance of Congres for the government of the territory of the United States northwest of The gentleman's own State, Illinois it'5elf, when the ratio was only the river Ohio. 35,000, had not that number, but came· into the Union with 34,620. * * • • * * * Among the privileges, benefits, and advantages thus secured to the inhabitants By the previous census it was only 12,282. That State at the time of of the territory south of the river Ohio appear to be the right of forming a per its admission had less population than any other State e>er had upon manent constitution and State government, and of admission as a State by its admission into the Union, and yet the gentleman from illinois [1\.tr. de~e~ates into ~he Congress of the United Sta~s on an equal footing with the TOWN"SHE~-n] is the author of this bill. ~~~i:'~ m all respects whatever, when It should have therein 60,000 free What population have the several States had at the time of their ad * * $ $ * * * mission? Vermont came in with a population of 85,425. Kentucky That message is signed by George Washington. That same provision came in with 73,677, of which number 12,430wereslaves, five of whom XV--259 4130 CONGRESSIONAL RECORD- HOUSE. MAY 13, under the old constitutional basis counted as only three persons; so that Spinner, Stanton, St-ephens, Stephen on, James A. Stewart, William Stewart, Talbot, Tappan, George Taylor, ?tfi1e Taylor, Thayer, Thomp on, Tompkins, Kentucky had only Q.bout the 60,000 free inhabitants required. Ten Vallandigham, Wade, Waldron, Walton, Ward, Cadwallader C. Washbm·n, nessee came in with an estimated population of67,000, 7,000 ofwhich Elihu B. Washburne, Israel Washburn, Watkins, White, Whitely, Wilson, Wins number were supposed to be slaves. At her previous census, however, low, Wood, Wortendyke, August R. 'Vrigbt, John B. Wright-173; 106 Demo she had a population of only 35,691. crats, 61 Republicans, 6 Americans and Whigs. Ohio came in with 45,365. Louisiana came in with 76,556, of which I might go on, Mr. Speaker, at length with this record. In theca e number 34,660 were slaves. Indiana came in with 63,897. By the of Oregon ~fr. Douglas admitted she did not have the requisite popu previous census it was 24,520. Mississippi and Alabama constituted lation. The faet is clear all through that the Congress of the United before admission the lllississippi Territory, which by the preceding cen States has never committed itself to any such rule. It has been brought sus had a population of only 40,352, of which 17,088 were slaves. forward frequently, but it bas been voted down overwhelmingly. Those two States bad extended to them the 60.000 free-inhabitant In the case of Kansas there was an act pa ed May 4, 1858, by which clause. In fact that clause was extended to all the territory that be it was provided if Kansas would not submit to certain conditions in re longed to the United States at the time of the formation of the Consti gard to the taxation of the property of the United States within that tution. It was even extended to the Orleans Territory, so far as the State it should not be admitted until it had a population equal to the original Territory of Orleans was concerned. Every Territory had ex ratio of representation. Kansas was not admitted under that act , and tended to it at the time the Constitution was formed the guarantee that was admitted with less population than was required for a Represen~ it should be admitted when it had 60,000 free .inhabitants. Illinois tive on this :floor. came in, as I have said, with only 34,620 population. By the preced Mr. TOWNSHEND. Does the gentleman say that Kansas was ad ing census she bad only 12,282, yet the gentleman from Illinois [Mr. mitted with less population than was required for representation? ToWNSHEND] comes here now and proposes to close the door against Mr. BRENTS. I do. all Territories ofthe United States which have not now 151,911 popu :Mr. TOWNSHEND. Does the gentleman forget the fact that the lation ! Generous, mdeed ! English bill prohibited the admission of Kansas as a State into this Missouri was admitted in 1821 with 66,557, of which 10,222 were Union until it had a population equal to thp number required for rep slaves. That was sixty-three years ago. resentation upon the :floor of this House? Since that time not a State has been admitted from a Territorial con Mr. BRENTS. But the gentleman from Illinois should also remem dition with a population by the preceding census equal to the ratio re ber that Kansas was not admitted under that bill at all. And it was quired for a Representative on this :floor. conditional even under that bill that if she should not consent to cer Arkansas came in in 1836, when the ratio was 4 7, 700. By the previous tain conditions propounded that then she should not be admitted. But census she had 30,388, of which 4,576 were slaves. It was estimated that was taken back afterward; Congress never insisted upon there at the time of her admission that she only had some 33,000 free and strictions, and Kansas was consequently admitted finally with less than 9,240 slave population. that population. Michigan came in with a population by the preceding census of Kansas was admitted in 1861 by an act passed, I believe, in January 31,639, the ratio still being 47,700. of that year by a subsequent Congress to the one that passed the Eng Florida came in in 1845, when the ratio was 70,680, when by the pre lish bill, and she had at that time only 107,206 population, while the ceding census she had a population of 28,760 free and 25,717 slave, or ratio of representation. by the census of 1860 was 127,381. Nevada, 54,477 altogether. At that time, estimating three white persons for five Nebraska, and Colora'do were all lacking in the population required by slaves, she had not the requisite population for a member of this House this bill, not only when the previous censuses wm·e taken, but also at by several thousand. the dates of their admission. So that without taking further time on Iowa came in in 1846 with a population of 78,819--by the previous this point I say it has not been the practice of this Government to re census 43,112, while the ratio was 70,680. quire any such population. Wisconsin came in in 1848 with a population by the preceding census No such rule has been applied in the past, as I have shown in the ·of 30,945. few instances I have cited, and no such rule should now be laid down California had less than the ratio even at the time of her admission, either for this or for the guidance of any future Congress; and, Mr. the ratio being 93,423 and her population 92,507. Speaker, itismanifestthatitwould beunjusttothesecommunities them Minnesota had only 6,077 at the time of her admission according to selves to impose such a restriction upon them. Under the restrictions the preceding census. im_posed by this bill, it would leave many of them in a Territorial con Oregon, as I have already stated, came in with about 50,000when the dition for years and years with a population adequate to maintain a ra.tio .was 93,473. State government. It is unjust to them when they have population In that Oregon case there was this amendment offered to the bill by and wealth enough to maintain a State government. It is contrary to Mr. HILL, of Gem;gia: the genius of our institutions that such a rule should be applied to a That whenever it is ascertained by a census, duly and legally taken, that the community of American citizens .living on American territory, a re population of the Territory of Oregon equals or exceeds the ratio of representa striction that would put them under the control of Congress and not tion required for a member of the House of Representatives of the United States, allow them to have any participation whatever in the affairs of the Gov Oregon will be received into the Union on an equal footing with the other Stat-es in all respects whatever. ernmentunder which they live. When we undertook to establish free government in this country it was our declaration to the world that N~, what was done with that amendment? It was voted down by that Governmentsheuld apply to all the people so far as they were able a large majority. It received only 32 votes-13 Democrats, 11 Repub to maintain their share and part in it, and when you talk of its being licans, 8 Americans and Whigs. There were against the proposition a unjust to the older and more populous States, let me ask gentlemen can voteof173-106Democrats, 61Republic.ans,and6AmericansandWhigs. it be more UIJjust than in the instances of the inequality now existing So the American or Know-Nothing party was the only party that ever between States already in the Union? Can it be any greater than the did vote in favor of the application of this unjust rule requiring a Terri inequality between the States of Nevada and New York, or Delaware tory when admitted to have a population equal to the existing ratio of and Pennsylvania? representation. Democrats expressly declared against it. Republicans So far as the representation in the Senate is concerned it is basesl not voted against it. It is the only time except in the case of Kansas it upon population. There the State is represented as a corporate organ was ever attempted. I have the vote here and I will insert it in my ization, as an independent political entity. It is represented without remarks to show the names of those who voted against the application any regard whatever to its population, and if that be unjust the injustice of such a rule to a new State asking admission into the Union. It is lies in the Constitution itself which established that principle. If you as follows: are going to change that rule laid down in the Constitution you must Y EAS-Abbott, Blair, Boyce, Bryan, Chaffee, Horace F. Clark, Clawson, Dick, change the Constitution itself; and if you are going to require States in Farnsworth, Gilmer, Hill, Keitt, Kellogg, John C. Kunkel, McQueen, Matteson, Maynard, Miles, l\Iill on, 1\Iott, Olin, Ricaud, Royce, Scales, Henry M. Shaw, this Union to have equal population you must commence to reform the Shorter, Stallworth, Trippe, Underwood, Vance, Walbridge, Zollicoffer--82; 13 whole theory and system ofthe Government itself. If you propose to Democra t , ll Republicans , 8 Americans and Whigs. apply a rule against the Territories that you can not apply to the States, N A vs-Adrian, Ahl, Andrews, Arnold, Atkins, Avery, Barksdale, Barr, Billing hurst, Bingham, Bonham, Bowie, Branch, Brayton, Buffington, Burlingame, you are certainly making an unjust discrimination against the Terri Burnett, Burn • Burroughs, Caruthers, Case, Caskie, Cavanaugh, Chapman, tories. You allow the State of Delaware to have representation on this Ezra Cla rk, John B. Cla rk, Clay, Cobb, Clark B. Cochrane, John Cochrane, :floor, both in the Senate and in the House, with less population than Cockerill, Colfax, Comins, Corning, Cox, J ames Craig, Burton Craig, Crawford, Curry , Curtis, Davidson. Da ns of 1\Iaryland, Davis of Indiana, Davis of :l'tfassa. some ·Of the Territories have at this time, and yet Delaware was one of chu etts. Davis of Iowa, Dean, Dewart, Dimmick, D odd, Dowdell. Durfee, Edie, the original States. You have admitted, as I have sai.d, many other Edm und on , E lliott, Eng lish, Fenton, Florence , Foley, F o ter , Gartrell, Gillis, States since then with less population than was required for a Repre Gillman, Gooch , Goode, G ranger , Greenwood, Gregg, G row, Lawrence ,V. H a ll, Robert B . IIall, H arlan, Harris, Hatch, H a wkins, Hodges, H opkins, Horton, sentative in Congress. Why, it is even provided for in the Constitution Houston, Ilughes, Huy ler, Jackson, Jenkin , J ewett, G eorge W. Jones, Owen itself. .Jones, K eirn, K el ey, K ilg·ore, Knapp, Jacob 1\I. Kunkel, L amar, Landy, Law It was contemplated by the convention that framed the Constitution re nce, L each, Leidy, Leiter, Letcher. Lovejoy, l\laclay, 1\fcKibben, McRae, Humphrey MarshaU, runnelS. Marshall, 1\tlason , 1\Iiller, 1\fo ntgomer~. Moore, that there might be States in the Union in the then future with less Morgan, :l\Iorrow , E d ward J oy 1\lorris, Isaac N. Morris, Oliver A. 1\forse, Murray, popnJation than might be required for a Representative here, and they Niblack , Nicl10ls, Palmer , Parker , Pendleton, Pettit, P ey ton , John S. Phelps, made provision to meet that contingency. There were none then; but William. W. Phelps, Phillips. Potter, Pottle, Powell, Purviance, Reagan, Reilly, Robbins. Roberts, Ruffin, RusseU, Sandidge, Savage, Scott, Searing, Seward, the framers of the Constitution contemplated the possibility that such Aaron Shaw, Judson ,V. Sherman, Singleton, Robert Smith, SamuelA. Smith, a condition in the future might arise, and they put in a provision in 1884. CONGRESSIONAL RECORD-HOUSE. 4131 the second clause of the first article of the Constitution declaring "that Ur. KEIFER. I am sorry when the gentleman said he was going the number of Representatives shall not exceed one for every 30,000; to tell me that he did not do so. What I wanted to know was the but each State shall have at least one Representative." meaning of the word "permanent" as applied to population? So that under the Constitution you allow the States that are in the l\Ir. TOWNSHEND. Consult Webster's Dictionary as to that. Union with less than this population one Representative on this :floor, Mr. KEIFER. I know what a permanent fixture means as applied and two in the other end of the Oapitol; while the Territories, consti- to real estate. But what the expression means here I am .unable to tuted of people of the United States, citizens loyal and true, deserving say. citizens of the United States, with far greate:r population, are denied Ur. MTI..LS. Suppose Congress passed this law and after that a Ter representation here or in the Senate. You allow them n~ representa- ritory notwithstanding holdsits constitutional convention and applies for tion whatever. admission into the Union and Congress admits it into the Union, what Mr. Speaker, I will not take up the further time of this House to effect would this law have? discuss this question. It is a useless, senseless, and unjust measure. Mr. KEIFER. None at all. I am saying, and I have no doubt the If it were not entirely useless and inoperative upon the next Con- gentleman from Texas [Mr. MILLS] agrees with me, the law would be gress, or even upon this Congress, to-morrow morning I would probably simply a monument to our own folly. It could have no effect, no legal ask permission to go into its discussion at some greater length. But it effect. And with due deference to the gentleman from New York [Mr. seems to me that you do not want to put forth a declaration to the peo- Cox] now in the chair, I think it ought to have no moral effect of any pie in the Territories, and to those who are contemplating going there, kind. 'The people of the Territories when they believe their condi that if they do become citizens of the Territories they shall not have tion would be bettered, when they believe their government would be the right to come here and be admitted to statehood or to have any bettered by changing its form, have a constitutional right to apply to share or participation in our Government until they have reached this the Congress of the United States for admission into the Union; and number, which we did not require of the States that now have Repre- aa a step in the direction of applying they have a right to form a con sentatives on this floor and participation in the Government of our stitntion and write it out and put it in shape and send it to Congress common country. . in order that it may be there judged of whether it provides for are- I yield now such time as the gentleman from Ohio [1\-!r. KEIFER] publican form of government and is in other ways wise and such as :tnay desire, after which I will reserve the remainder of my time. ought to be a first constitution of a new State of this Union. 1\-!r. KEIFER. After listening to all that has been said in opposition I do nQt believe that this is a limitation at all, and yet it is proposed to this bill I need add but little. I have always since I have been a in that form. What has happened that makes it important that we member of this body protested against the folly of attempting to put should put on this limitation now? Are we in danger in the present any sort of legislative restriction upon ourselves. It has been proposed House of Representatives of doing anything so wise as admitting a Ter in times past to enact statutes of limitation upon our own power, such ritory such as Dakota into the Union? Is the gentleman from Illinois as legislation prohibiting the Congress of the United States from passing or are other gentlemen inclined to think that unless they have a law certain bills or claims. I remem"Qer that but a few years ago we put against themselves or against the people some day or other during this in an appropriation bill a provision that there should be paid only the Congress we may admit that Territory into the Union with a sufficient sum of $2,000 toward the expenses in a contested-election case; and population now, judging by the population of other Territories when before that bill was dry we allowed some $8,000 as the expenses on on~ they have been admitted? It is not many years ago-eight years I side in a contested-election case. believe, Mr. Speaker-since a Democratic House thought it was wise But the proposition now coming from the gentleman from lllinois to admit the Territory of Colorado into the Union with 3. population [l\Ir. ToWNSHEND] is to limit the Constitution as well as to limit our- then, I believe, of 43,000. I may not be exactly right, but it did not selves in this matter. It was inadvertently suggested by the gentle- vary largely from that figure. man from New York [Mr. Cox] who spoke a few moments ago thattbe 1\Ir. TOWNSHEND. It had a much larger population than that. Constitution did not contemplate the admission of new States into the Mr. KEIFER. It has not 100,000 population yet. Union. The gentleman surely can not have read the Constitution re- 1\Ir. TOWNSHEND. Ob, yes; Colorado has now one hundred and cently, for the third section of the fourth article of the Constitution forty or one hundred and fifty thousand. commences thus: lli. KEIFER. I was thinking of Nevada. New States may be admitted by the Congress into tills Union. Mr. CASSIDY. Be a little easy on Nevada. Here is an express power to admit States into the Union. It is pro- 1\Ir. KEIFER. Colorado had a very small population, nothing like posed by this bill, lli. Speaker, to take away the constitutionaJ power the number required by this bill. But a Democratic House rather of the Congress of the United States to admit States into the Union un- hastily rushed through the bill-admitting that Territory into the Union. less certain things happen. If we pass this bill it will have little effect, Mr. TOWNSHEND. And lost the Presidency by it. I am sure; but it will be a monument to our own folly in attempting 1\!r. KEIFER. The gentleman from Illinois says, and be may be to say that we should not except upon certain conditions do that which right, that by reason of their folly then they lost the Presidency of the the Constitution of the United States enjoins upon us to do. United States. It may be that gentlemen are afraid that in some un- Tbe bill says: · fortunate hour this House may undertake to do what it ought to do in That hereafter no Territory shall form a constitution- wisdom, what we are empowered to do by the Constitution-admit some That is the first part of it: "No Territory shall form a constitution." Territory in"OO the Union as a new State-and thereby add votes on the I suppose that is intended to be construed as a restriction upon the Republican side to the electoral college. I can find no other reason right of the individual citizens of a Territory to assemble and form a for attempting this, iftbe gentleman will pardon me for saying so ex- constitution and memorialize the Congress of the United States to ad- ceedingly foolish legislation. ' mit the Territory into the Union. Otherwise it is meaningless. And We can not in this Congress say that a future Congress hall not do then the bill says- what the Constitution gives us the express power to do, and hence I or apply for adm.ission as a. State into the Union until it sha.ll contain a. per- am justified in saying that to pass this bill would be exceedingly foolish manent popula.tion equal to that required in a Congressional district in order to and unwise. It has no purpose; it has no object. It may embarrass a entitle it to representation in the House of Representatives. few people if they want '00 assemble in a ball somewhere in the Ter- The people of a Territory are first prohibited from forming a consti- ritory of New Mexico or Wyoming or Washington or Dakota and there tution; secondly, they are prohibited from petitioning the Congress of talk over what sort of a constitution they would wish to live under in the United States for admission into the Union unless it is ascertained future years. Should they assemble for that purpose some gentleman that the Territory has a permanent population equal to that required might come in and say, ''There is the Townshend bill passed by Con in a Congressional district in order to entitle it to a representation in gress which says that you shall not speak or write on that subject; that the House of Representatives. I believe the average population for' a your tongue shall be tied; that under that law, because the gentleman member of this body under the present law is 151,340. That is what from New York [1\lr. Cox] says it is to have a moral power on you, yon must be ascertained to be a permanent population of the Territory be- are to be paralyzed, your hands shall not write and your tongue shall foreit can apply ibr admission as a State. Exactlywhat forceand notspeakontbesubjectofaStateconstitUtionuntilyoubave uchdata meaning are to be given to the word "permanent" I am not able to as will satisfy you that there is in your Territory a 'permanent ' pop say. The population, I suppose it is meant, are to be in some way or . ulation of 151,000 people." That is the situation in which this bill other attached to the soil. They are to be people that are not mova- will put the people of a Territory. ble. They must in some way or other have put their feet into tbeTer- Now, when did it happen that a Democratic party or a Democratic ritory or in some w~y got fastened there so that they can be called body discovered that it was better to keep people in a Territorial con permanent. They must be people that would not dare to move away, dition than to allow them to have a State government? Some of us, that would not dare on account of any misfortune or under any circum- since we have belonged to the Republican party, have always bad the stances to go off ro any other country, or State, or Territory. idea that the Democracy claimed that in this dual form of government Ur. TOWNSHEND. Will my friend allow me to tell him-- of ours it was wise to have States, and that those States should have Mr. KEIFER. Certainly. certain powers, even exclusive powers, and in many instances they do Mr. TOWNSHEND. If be will look at the organic act admitting have exclusive powers, and those powers are in the interest ofthepeo- the State of Kansas he will :find there the same words; and I have no ple living within those States. doubt the same words are used in all the acts admitting other Terri- But here is a Democratic proposition to continue these Territories in tories as States. a Territorial condition, under Territorial legislation, without any of the 4132 CONGRESSIONAL RECORD- HOUSE. MAY 13,

power that belong to a State, without any of the local powers that be [Mr. BREl.~Ts] that in Nevada there is a fractional repr entation of long to a State, with the right left, as it is in every in tance, in the Con 62,000; in New York a. fractional representation of 70,000; and so on. gress of the United States to annul every law of the Territorial Legis Gentlemen will find on reflection that of the three hundred and twent y lature; and such a proposition comes to us with the indorsement of a five districts suppo ed to be represented here, no two disb-iets have the committee of this Democratic House.· same population. I now yield back to the gentleman from Washington Territory [Mr. The question which I commend to the consideration of my colleague BREKT ] whatever remains of the time which be so kindly gave to me. from Illinois is whether he intends that a Territory, in order to be en Mr. BRENTS. I would inquire how much time I have left? titled to admission, shall have a population equal to that of the least The SPEAKER pro. tempore. The gentleman has ten minutes remain populou district represented on this floor, or that the required popula ing. tion shall be the average of the various districts? Would it not be Mr. BRENTS. I will yield that ten minutes, or ,...-hatever portion simpler and more precise for him to specify in the bill 150,000 a the of it may be desired, to the gentleman from Georgia [Mr. HA.~.LMO}.TD]. requisite number, if that is what he intends? Mr. HAMMOND. I have just come in from the law library while .Mr. BRENTS. I yield the remainder of my time to the gentleman this discussion was going on and may repeat something that ha been from Michigan [M:r. HoRR]. said by others, for I have not heard the debate that has taken place, The SPEAKER pro tempore. The gentleman from Michigan is en It occurs to me that this is unwise legislation· fi rst, because it is an titled to three minutes. attempt by this Congress to bind another Congress in a way which can l\Ir. HORR. Mr. Speaker, I do not care to talk beyond that length not be done. It seems to me to be entirely useless for us to sa that of time on this measure. It seems to me wor ethan ridiculous-almost another Congress may not admit a Territory as a new State until it shall criminal-to bring into this House for action at this time, when we have a certain population, when the question is one solely for' the con have so large an amount of business which ought to be attended to, a sideration of that other Congress. The passage of this bill would be bill which doe nothingifyoupass it, whichamountstonothingwhether entirely useless so far as any purpose of law is concerned. you pass it or not, and which does not claim to do anything after you Andwithouthavinggiventhemattermuchconsiderationand thought, pass it. [Laughter.] For a committee of this House to come in here it occurs to me that it is unconstitutional legislation. The Constitu and get a special order fixing a day for the purpose of attending to the tion declares w bat shall be the qualifications of Senators and Represent wants and necessities of the Territories of the United States, and then atives, and it bas been uniformly held that neither Congr nor the to occupy the time of the House by undertaking to pass what, at the States can add to or take from those qualifications. They are fixed by very best that can be said for it, is mere clap-trap without any sense, the Constitution. So by the Constitution Congress now has the power without accomplishing anything and without meaning anything, is, I to admit new States, and the only restrictions upon that power are that say, a criminal waste of time. it shall not make a State within the jurisdiction of another State, nor If you pass this bill the next Congress will pay no attention to it. make a new State out of parts of other States, without the consent of I know that one very distinguished gentleman says that the bill should tho~e States. By parity of reasoning it would be unconstitutional for be passed with a view to its "moral effect." "Moral effect" on this Hou e to undertake to put any other limitation upon the power of whom? Who isgettingimmoralhere? [Laughter.] Wearenotover Congress to admit new States. on this side of the House. Whom do you want to improve in morals I grant that it is apparently a hardship to have new States repre Q.y this kind of legislation? Now think of it! When we ought to be sented in the Senate equally with large States when the new ones have attending to important business-such legislation as we have already very little populat;on. But it was so under the old arrangement. passed to-day for the benefit of the Territory of Alaska, which was cer Rhode Island has as many Senators as New York or Pennsylvania or tainly a good bill-after doing that you propo e·for '' moral effect'' to Mas achusetts. Whether we will as a matter of policy admit a new take up this resolution, which is simply for buncombe, and nothing State is merely a question addressed to the particular Congress to which else. I would like to have my friend who introduced the bill tell us the petition is presented. what there is in it but "buncombe." I will listen with the greatest This bill proposes to say that a Teuitory shall not petition Congress attention, for ifthere is anything else in it I can not find it. for admission as a State without a certain amount of population. Well, The bill accomplishes nothing; it is binding upon nobody, it affects Congress can admit a new State without a petition. The bill also says nobody. If passed. it would not even be binding upon this Congress. that a Territory E>hall not make a constitution. Why not? The pres We might pass it to-day and yet to-morrow without any infringement ent law is that a Territory may pass all laws not inconsistent with the of the Constitution and without any violation of morality, we might Constitution of the United States, except that it may not do certain admit any Territory, regardless of population, if we could get the votes forbidden things, such as taxing the property of non-residents more to do it. What do we accomplish by this bill except to waste the time ,than the property of residents and a few things of that sort which are of the House when it ought to be engaged in attending to the business forbidden by the general law. of the country? What harm. can there be in allowing a Territory to make a. constitu [Here the hammer fell]. tion, whether it can get into the Union or not? It may need a Terri Mr. TOWNSHEND. Mr. Speaker, I yield ten minutes to the gentle torial constitution. But as to the application for admission, you can man from New York [.Mr. PoTTER]. not prevent petitions coming here. Anybody can petition. The Con Mr. PO'ITER. Mr. Speaker, I can not quite agree this bill will be stitution declares that the right of the people to assemble and petition utterly useless. I hope it will be of some use. I hope it may serve for a redress of grievances shall be inviolable. The Territory as a Ter the purpo e of announcing to the country that the Congress of the ritory need not petition. I may file a petition in behalf of the Terri United States recognizes the injustice oflonger pursuing a course which tory. Nobody can prevent that; and Congress can act on my petition. invites populations less than the ratio of representation for one mem It seems to me, therefore, that this proposed legislation is not only use ber upon this floor to balance aud control and negative, it may be, the less, but worse than that, it is unconstitutionaL policy of this great Union, if not in this at least in the other end of the Mr. BRE....~TS. Mr. Speaker, have I any time remaining? Capitol. We have gone too far already in administering the Go...-ern The SPEAKER pro tempore. Five minutes. ment in this particular; too far in denyi.Bg the vast populations and Mr. BRENTS. I yield two minutes to the gentleman from Illinois vast interests of the great States their just influence and their equal (Mr. ADAMS]. share in proportion to their popuJation. They should have an influ Mr. ADAMS, of Illinois. Mr. Speaker, I desire to call the attention ence in this Government as far as possible under the Constitution equal of my colleague [Mr. TowN REND] who introduced this bill to what to their population and importance. I regard as a lack of precision in the language. It is of course only a I think, sir, it is time to recognize in Congress and to announce it resolution indicative of the sense of Congress; but it has the form of a from the Congress of the United States that it is to be the policy of the bill, and should have the precision of a bill. It says that certain acts country, at least so far as this particular Congress is concerned, that the shall not beperformed in a Territory unless that Territory has a "pop great populations of the great States are not to be overridden and their ulation equal to that required in a Congressional district in order to just influence denied by admitting States on the frontiers with one Rep entitle it to representation in the House of Representatives.'' Yet there resentative on this floor and two in the Senate, when they have scarcely is no provision of law requiring that a Congressional district shall have population enough to make a respectable town in one of the o~der States. any particular population in order to entitle it to representation in this Look for a moment at the influence of these States in the other end House. of the Capitol as to the treaty-making power, and the power intended There is a provision in the Constitution that "Representatives shall to be a portion of the appointing power of the Executive. I regret to be apportioned among the several States according to their respective say they have arrogated to themselves the power of controlling the ex numbers;' ' but if all the Representatives in any State were to be elected ecutive functions and action of this Government. on one general ticket it would be no violation of the Constitution. This bill can do no harm in giving this notice to the Territories of And when we come to the law on the subject, we:find itsimplydeclares the country. It simply says to them: "You will not be admitted here that illinois shall have so many Representatives, Ohio so many, &c., according to the judgment of Congress as a State until you have a popu leaving each State to adopt its own division into districts as it may see lation sufficient to entitle you to one Representative on this floor." To fit, subject only to the requirement that this division shall be a.s nearly my mind any other course is monstrously unjust to the older States of as practicableaccordin~to population. Yet we know that there is neces the Union. sarily what is called ' fractional representation,'' and it appears by a I believe in the moral effect of the bill, and I would pass it if for no statement furnished to me by the gentleman from Washington Territory other purpo e than to give that notice to the country. 1884. CONGRESSIONAL RECORD-HOUSE. 4133

Mr. WHITE, of Kentucky. Let me ask the gentleman a question. shows that Congress has plenary power, absolute power, to put any lim Mr. POTTER. Certainly. itation, any restriction, or any restraint that in its wisdom it may see Mr. WHITE, of Kentucky. I desiretoaskthegentlemanfromNew proper upon the Territorial authorities. Here is the language of the York this question. Now, ingettingup a cry like this, is it notequiv Constitution: alent to saying to the great Territory of Dakota. we are not willing to Congress shall have power to dispose of and make all needful rules and reg admit it as a State into this Union, although that Territory may have ulations respecting the territory or other property belonging to the United a population of one-half million? Is it not a subterfuge to prevent States. doing what we ought to do in reference to the people of the great Ter They are entirely within the power of Congress. Now, sir, this bill ritory of Dakota? Is it not a mere resolution expressive of opinion, means to enact a law, not simply a~ we are told here a sentimental dec and is not this debate a waste of time? laration without effect or force, but a law. The Territorial authorities Mr. POTTER. When Dakota comes here with a population show are created by .an act of Congress. They have no vitality, no power, ing that she is entitled to one Representative in Congress, I trust she no ca.padty to act except by virtue of Congress. The creator of this will be respectfnlly heard. power, then, has it within its power to diminish, restrain, or limit it. :Mr. WHITE, of Kentucky. She has half a million of population It may modify the power conferred upon the Territories, or it may an to-day. nihilate or undo their work in the Territories. We do not in the slight Mr. POTTER. We will discuss that matter when itcomesup. She est degree interfere with the power and right of Congress to act. Con is not affected. She is outside of this bill. So far as this bill has any gress may at its next meeting-the next Congress may on its own authority it is a declaration she is outside of its provisions. motion-admit any Territory as a State into this Union. It does not Mr. WHITE, of Kentucky. That is the very question I desired to deprive Congress or attempt to limit its power in that direction. It ap ask the gentleman from New York. Is this resolution anything more plies alone, then, to the authorities in the Territories, not to the action than saying it is onr opinion such and such a thing ought not to be of Congress whatever. It takes no such steps; it has no such purpose; done? We really are wasting a day which ought to be devoted to the it refers solely to the Territories. consideration of Territorial matters, and it is done for the purpose of Mr. HORR. How is Congress going to :find out when there are in discussing a resolution which is nothing more than buncombe. habitants e:!lough in a Territory under your bill? Mr. POTTER. If we succeed in making those Territories believe Mr. TOWNSHEND. Congress will judge of that for itself when it they have something else to do than use up their time and efforts in at deems it proper to admit a Territory into the Union. But we say to tempting to get into the Union as States, to exercise unjust powers and the squatters in the Territories, "You shall not present an application unequal privileges over the older States of the Union, I think we will here for admission, or form a constitution, or ask the admission of your have accomplished something. I hope the House will express its opin Territory as a State until you have put yourselves upon an equality ion in this respect, and prevent as far as possible the coming forward of with the people in the older States." We say to these people in Mon schemes on the part of these Territories for representat-~~mlarger than tana and the other Territories, ''You shall have the rights guaranteed that possessed by the older States. to the people of the different Congressional districts in this Union; but Mr. TOWNSHEND. I will yield now for two minutes to the chair you shall have no greater right than they possess.'' What is their right? man of the committee, the gentleman from South Carolina [Mr. EVINS]. My people in Illinois have a right of representation here when we can Mr. EVINS, of South Carolina. I hope, Mr. Speaker, the House will show that we hav~ for each RepresE'ntative about 153,000 population. vote on this question and let us get to something else. I desire to say Ur. MORRISON. How much did we have at :first when the State in reference to the present bill I entertain the same opinion I held in was admitted? reference to it in committee. It is merely an expression of opinion. Mr. TOWNSHEND. Wearenotnowdiscussingthequestion whether The people of the Territories will have the constitutional right to pe Dlinois was properly admitted into the Union or not. That is not a tition Congress, and Congress can do as it pleases in the matter. That question for our present consideration, but the question with which we is all I desire to say in the two minutes allowed me, hoping, in con arenow dealing is whether we shaH admit any further rotten boroughs clusion, the House will proceed to vote. into this Congress to participate in legislation. But the objection i Mr. TOWNSHEND. Mr. Speaker, I shall wastenotimeinanswering raised against this measure that we shall thereby e tablish a precedent. the tirade of abuse. and ridicule sought to be heaped upon this bill by If my colleague from Illinois and my friend from Michigan think that thegentlemanfromMichigan [Mr. HORR]. Itisveryevident, sir, that Illinois did not have sufficient population when it was admitted into he does not understand the nature, the purpo e, or the effect of the bill. the Union, that objection should have been made at that time, not now. But it is no fault of mine; nor is it the fault of the Committee on the What do you want to do? You want to give the 40,000 people in Territories that he does not understand the bill. The Almighty him Montana the right to have equal power of representation in the Senate self is the only one to blame for that misfortune under which he labors. with nearly four million of people that live in illinois. I say it is rank This bill, Mr. Speaker, means much. If the gentleman-and I un injustice. derstand him to state himself that he is not a lawyer, but if he was a Do you want to give the 40,000 people in Montana a Representative lawyer and capable of understanding the plain English language written having the same political power on this floor tha.t I po ess as a Repre here, he would be the last man on this floor to use the terms that he has sentative of 153,000 people? used in reference to it. _ Mr. HORR. Who proposes that? Mr. HORR. I only said in reference to itwhatwassaid by the chair Mr. TOWNSHEND. My friend from Nevada [Ur. CASSIDY] ha.~ man of the committee himself. twice the political power on this :floor of any Repre entative from any Ur. TOWNSHEND. Please do not disturb me, my friend. I shall other State in this Union in proportion to the population he represents. occupy but very brief time upon this point. I apprehend, sir, if the Mr. CASSIDY. That may be because of the standing of the Rep gentleman from Michigan had been present when the great declaration resentative perhaps. [Laughter.] of human rights was adopted, our Declaration of Independence, he Mr. TOWNSHEND. Now, Mr. Chairman, one of the purpo es of would have taken the floor and asserted that it too was mere buncombe this bill is to serve notice on these Territories that they shall not have and humbug, and that that great a emblage of the American people representation on tllls floor until they have a population large enough to should not waste its time upon sentimental and mere moral declara give them an equal right to representation in this Hou e. tions that had no force or effect. Mr. LO~G. Does it serve notice on them? What is in the bill? There is nothing in the bill, as WM said here Mr. HERBERT rose. by the gentleman who its behind me, in the direction of putting a re 111r. TOWNSHEND. I decline to yield. The gentleman from Wash straint upon the power of Congress. Nothing whatever that can be ington has plantel! himself in opposition to this bill on the ground that construed in that direction. My friend from Georgia [Mr. ILun!OND] it takes away from the people living in the Territories the rightofrep need not lo e any sleep upon the dread apprehension which seems to resentation in the Senate and in the House of Representati•es, and he oppress him, that by this bill we intend to limit the power of a subse eemed to think it was a crime against their political rights that they quent Congress. There is no such purpose in the bill. There is noth should be di franchised and deprived of the right of representation on ing in the bill which would warrant such a construction. I presume this floor. Why, sir, the same argument exactly would apply to the the gentleman knows that it would be ab urd and useless to attempt to seven or eight hundred white people that now live in Alaska. On the pass a law imposing a restriction or a limitation upon the constitutional principle that he seems to desire to establish Alaska would have an in power of Congress. There is, therefore, no uch purpose in the bill. herent rigpt to representation on this floor. Sir, there ought to be some 'Ve come then to the question, What does it contain? And I here make limit. There ought to he some rule established upon this question. the assertion that DO man possessing a legal mind Will say that it does I regard it as one of the worst features of this Government that there more than put a limitation upon the power of the Territorial authori is a body enjoying equal power with us in legislation where there is a ties. It is a law limiting the action of the Territories in their corpo great inequality of representation and power. Look at the States of rate capacity or in their official capacity. That is what it means, and New York, Illinois, and Ohlo, and compare their power therewith Del that only. aware or Ne\ada. We do not have it in our power to interfere with The bill, sir, then puts a limitation, a legal limitation and restric the political rights ofDelaware. She was one ofthe original sovereign tion, or restraint, upon the action of the Territorial authoritie forcer States. She was at that time an equal in sovereignty with any other tain specified purpo. es. The question then ari es, Has Congre the State in this Union. We can not now deprive :Nevadn. of her State power to do that? Looking to your Constitution I say that it has. I hood and of her rights under the Constitution to repre entation. But invite your attention to that Constitution to ee whether or not it clearly I want it said to Montana, I want it said to Washington Territory, and 4134 CONGRESSIONAL RECORD- HOUSE. MAY 13, to all these other Territories that may seek to be admitted as full sis each of the tw.ely~ districts provi.ded f?r by th.e st~tutes of .the Territory, thus leaving the dlVlSlon of the Territory mto legislative di tncts and apportion ters into the l:;Tnion, that we do not propose to allow any more such small ment of members as now provided by the statutes of the Territory. The in representations in the Senate and House of Representatives. creased expense to the Government will be the pay of thirty-six members for \Vby, sir, nearlyeveryTerritoryis knocking at our doors now for ad - days and mileage once in every two years. The Terri~ry of Dakota has a~ area of 119,100 99uare miles, a population of mission. Dakotawantstodivideherselfintotwo States, so that instead upward of 350,000 persons, exclusive of Indians, w1th an absessed valuation of of being represented as one State in the Senate it may have double $80,000,000.' 2,475 miles of railroads in operation, and is being rapidly settled and representation there. Then here is Washington Territory. According developea in all of its different sections. to the census of 1880 that Territory bad. 75,000 population. The gen Your committee are therefore of the opinion that the Legislal. (re as now pro yided by ~aw for this vast Territory1 with its increasing population and varied tleman from Washington Territory now insists and demands that Wash mtere t , lB too sm"'a.ll and should be mcreased to the extent provided for in this ington Territory shall be admitted into the Union, and claims that they bill, and report the same back and recoiDinend that it do pass. have now a sufficient population to entitle it to admission. :Mr. JOSEPH D. TAYLOR. I was not a member of the subcom l\lr. BRENTS. I say that Territory has a population of from 150, ~0 mittee on Territories to which this bill was referred, nor did I make to 175,000. the report which has just been read. I have been requested however :Mr. TOWNSHEND. I know that in 1866, when Colorado was seek to present some facts by way of explanation of the bill now ~nder con~ ing admi ion into the Union, one of the Senators declared that if Col sideration. orado did not already have a population equal to the ratio of repre As the HoUBe is very well aware, Dakota is a very large Territory sentation in the House, it would have it by the time it came into the nearly four hundred miles square. It has at this time a very larg~ Union. .Afterward, when the question came up for final consideration, population, as has already been stated in some remarks made a few it wa found that Colorado ·had not more than one-third of the number moments ~o. The Territory .of Dakota. was first organized in March, nece ry and that her population instead of increasing had decreased. 1861, and mcluded at that time what IS now embraced in the Terri That was in 1866. The discovery of gold at new points increased her tories of Idaho, Montana, and Wyommg. When the Territory of Da population before she wa admitted in 1876. kota was first organized, embracing all these several Territories I have I do not wish to discuss this question further. I have sought by this named, it had a population of less than 5, 000. The three Territories bill simply to do justice to the old States as well as justice to these Ter which I have just named have been created by more recent acts of Con ritories. All I desire is that the people of the States shall enjoy equal gress, leaving as the present western boundary of Dakota the twenty repre entative power in both Houses of Congress with the people con seventh meridian of longi~ude west of Washington. gregrated in the Western Territories. I do not deny them any right When the present Territory was organized the Legislature consisted that is enjoyed by the districts in the older States. I simplysaytothem, of nine members of the council, which could be increased to thirteen '• You must wai~ until you have reached your majority before you enter members, and thirteen members of the lower house, which could be in into the full po ession of your inheritance.'' The right to representa creased to twenty-six. By an act of Congress approved June 19, 1878, tion ought to begin when they have a population equal to that of a Con the Legislature of each of the Territories was limited to twelve coun gressional district in one of the older States. Now I move the previous cilmen and twenty-four members of the house. That is a general law question. embracing all the Tenitories of the United States, and of course is Mr. CASSIDY. You propose to reverse the policy of the Democratic applicable to the Territory of Dakota. The same act restricted the num party for a hundred years. ber of council districts to twelve and the number of legislative districts Mr. HAltiMOND. I move to lay the bill on the table. to twenty-four. · l\lr. TOWNSHEND. Does not a motion for the previous question The census of 1870 showed that Dakota had a population of 14, 000. take precedence of a motion to lay on the table? In 1878 the poplililtion of that Territory did not exceed 80,000. The The SPEAKER pro tempore (Mr. Cox, of New York). The motion census of 1880 showed that the population had increased to 135,100. to lay on the table has priority. And by a careful estimate, which has been prepared bytaking the num The question being taken on the motion to lay the bill on the table, the ber of pre-emption and homestead entries as a basis, it has been found Speaker pro tempore stated that in the opinion of the Chair the '' ayes'' that in 1883 the population of Dakota had. increased to more than bad it. · 350,000. And it is confidently believed by the people of that Terri ...fr. WHITE, of Kentucky. I call for a division. tory, and all those who have given this subject any considerable con The House divided; and there were-ayes 109, noes 15. sideration, that by January, 1885, there will be not less than 500,000 , o (further count not being called for) the bill was laid on the table. people liying ''permanently'' in the Territory of Dakota, to use the very languageofthe bill which so lately was disposedofbytheHouse. LEGISLATURE OF DAKOTA TERRITORY. Mr. BLOUNT. Will the gentleman pe1·mi.t me to ask him a ques Mr. EVINS, of South Carolina. I move that the House resolve itself tion? into Committee of the Whole House on the s-tate of the nion for the ltlr. JOSEPH D. TAYLOR. Certainly. purpose of considering the bill (H. R. 4359) in relation to the LegisJa. Mr. BLOUNT. The gentleman speaks of an estimate made from ture of Dakota Territory. the number of homestead and pre-emption entries. Where was that The motion was agreed to. estimate made, and by whom? The House accordingly resolved itself into Committee of the Whole Ur. JOSEPH D. TAYLOR. The estimate to which the gentleman H ouse on t.he state of the Union, Mr. Cox, of New York, in the chair. refem was made by a committee of the citizens of Dakota who came The CHAJRJI.f.A_~ . The House i in Committee of the Whole House here and presented the tatement to the Committee on Territories of on the state of the Union for the pmpo e of considering bills reported the Senate having under consideration the admission of the south half · by the Committee on the Territories. of the Territory as a tate. I presume there can be no que tion that l\fr. EVINS, of South Carolina. I a k for the consideration of the the population of the Territory of Dakota is rapidly approaching a half bill H. R. 4359. a million of people. The CHAIRMAN. The Clerk will report the bill. All the personswhom I have metfromDakota,and I have metquite The Clerk read the bill, as follows: a number, and those who have lectm·ed upon Dakota(and we have had A bill (H. R. 4359) in relation to the Legislature of Dakota Territory. some lectures of that 1.;nd in \Vashington this winter), say that the B e it enacted, &c. That the Legislature <>f the Territory of Dakota shall here population of Dakota is now almost if not quite half a million of people. after consist of twenty-four members of the council and forty-eight members of Dakob ha~ now a greater population t han either of the nine States of the hou e of representatives, and that there shall be elected at the next general election in said Territory two members of the council and four members of the Colorado, Delaware, Florida, Nebraska, Nevada, NewHamp hire, Ore hou e of representatives in each of the twelve legislative districts provided for in gon, Rhode Island, and Vermont had. according to the census of 1880. chapter 7 of the Territ<>rial statutes of 1883 of said Territory. We can not very well estimate the population of this Territory at a l\fr. EVmS of South Carolina. I :yield to the gentleman from Ohio later day without resorting to some ncb statistics as those to which I have referred. (Mr. Jo EPH D. TAYLOR]. Mr. JOSEPH D. TAYLOR. I call for the reading of the report. Dakota has a larger population now than the three States of Dela The report (by Mr. CARLETO~ ) was read, a follows: ware Xevada, and Oregon combined, together with all the fom smaller had 1&:l0, as The Committee on the Territories to whom was referred the hill (H. R. 4359) Tenitories in shown by the census of that year. The per in relation to the Legislature of the 'l'erritory of Dakota, re pectfully submit the centage of increase in the population of Dakota from 1870 to 1880- foJlowing r eport : and I wish to <;all particular attention to this fact-was 853.2 percent. By act of Congress approved June 19, 1878, the Legi latures of the respective At the same.rate of increase, laying aside these other estimates, dis T erritorie are limited to twelve members of the council and twenty-four mem bers of the bouse of repre ·entatives, and the number of council districts to regarding all the statements of the citizens of Dakota to which I have ~velve, and the representative districts to twenty-four. By the statutes of Da referred this Territory will show a population in 1885 of 570,000. It kota, 1 . chapte r '7, the Territory of Dakota is apportioned into twelve legis lath·e districts, and provision is made for the election of one councilman and eem to me that this way of making an estimate can not be questioned. two member from ea<:!h of said districts. These ions of Territorial Legisla If any difference, the ratio of increase will be greater. tures are Iilnited to- days, and the pay of members to S4 per day and 20cents I said a moment ago that Dakota was a very large Territory. Its per mile for travel. The Territ<>ry of Dakota paid la t year into the Treasury is $21,175 exce of revenue. over and above all expenditures, for postal en.. ice in area 149,100 square miles, and it contains nearly 100,000,000 of that Territory, and on account of int-ernal reYenue 886,875. acres of land. Of that amount 85 per cent., or 5, 000,000 of acres, are The bill now under consideration pro·ddes for increasing the number of mem arable lands, i. e., land susceptible of the highes~ cultivation, fitted ber of council fi·om twel"'"e to twenty-four, and the number of members of the bon · from twenty-four to forty;;eight, and the election of two councilmen and for the raismg of the cereal usual to that latitude. Ten per cent. of four membe1·s, instead of one councilman and t wo utembers as heretofore, from the amount, or 10,000,000 of acres, are better calculated for pasturage 1884. ·coNGRESSIONAL RECORD-HOUSE. 4135 than for cultivation, being broken by hills and ravines. The remain consideration proposes simply to double the number of the members of ing 5 per cent., or 5,000,000 of acres, is timber land, and includes the Legislature. Under this bill a district which ha heretofore elected lakes and rivers. one councilman will elect two; a district whlch heretofore elected two The area of the State of Ohlo is only 40,760 square miles. The area members of the house will hereafter elect four. The bill does not pro of the great State of New York is only 47,620 square miles. The area poe to change the districts or interfere with them in any way. The of Tilinois is 56,000 square miles; of Iowa, 55,000 square miles; of districts in which members of the council are elected are identical in Pennsylvania, 44,985 square miles; of Vermont, 9,135square miles; of boundaries with those in which members of the bouse are elected.· New Jersey, 7,445 square miles, and of Delaware, 1,960 square miles. \Ye do not propose to change tbese districts in this bill, but only to This territory, almost four times as large as the largest S~te in this double the number of legislators in that Territory. This bill preserve Union, except Texas, California, and one or b.vo other of the larger the apportionment of districts as made by the Territorial Legislature. Western States, contains, as I have already said, 149,100 square miles Mr. Chairman, I have stated the revenues received by the Government of area. from that Territory, the amounts received from internal-revenue taxa The Territory of Dakotahasnowanassessed valuation of $80,000,000. tion, from the postal service, from fees of land officers, as well as from This is the statement fro~ the reports, which can not be questioned. sales of the public lands, and have given some idea of the extent and It bas now in actual operation 2,475 miles of railroad, whlcb, as I am growth of the business of the Territory. Now, what this Territory asks informed by very good authority, will be increased during 1884 to in this bill is a very small thing. Under the bill now under considera 3, 000 miles. . · tion there will be thirty-six additional members of the Legislature, at Besides this, Dakota, though a comparatively new Territory, where $4 per day for sixty days, which is the limit of the legislative session. you might think a bank could scarcely be sustained, as capital is some The addition to the expenses of the Territory will be only about $9,000 times very slow to go into these newer portions of the country, has a in every two years-about $4,500 a year-almost nothing compared with large amount of banking capital. Dakota paid in 1883 a larger amount the great profit w hlch this Government is every year receiving from thls ·or internal-revenuetaxation to the Government on banking capital than TeiTitory. After taking out the expenses of the judiciary, after de did either of the States of Arkansas, Delaware, Florida, Maine, Nevada, ducting the expenses of the court and all the officers of the court, after New Hampshire, Vermont, or South Carolina. I have here the figures deducting the expenses of the Territory of every kind w hi<.jh have been to sustain this statement. The tax on banking capital paid by this incurred and whlch the General Government has heretofore paid, there TelTitory during the same year was more than that paid by the States is an annual profit of fnlly$350,000. of 1tfaine, New Hampshire, and Vermont combined. During the same You can see this by examining the reports. This Territory only asks period this Territory paid in internal-revenue taxes, as shown by the as against that $350,000 that the General Government shall increase report of the Commissioner of Internal Revenue, whlch I bold in my the expense about $9,000. hand, $86,874.25. No doubt many members of the Committee of the I wish to say, Mr. Chairman, and I am authorized to ay on behalf Whole will be surprised that this Territory paid so large a sum. I wish of Dakota that if it is at all embarrassing to this General Government, if to call attention to the further fact that Dakota has now more than nine this great Government of our3, with its overflowing Treasury-where hundred po t-offices, andduringthelast:fiscalyearpaidintotheTreasury is my friend from Colorado [Mr. BELFORD], for I can not speak of an a· po tal revenue, over and above all expenditures for the postal service, overflowing Treasury without thinh.-ing of him (Iaughter]-ifit is any $21,175. I hold in my hand the recent report of the Postmaster-Gen embarrassment to the General Government to pay thi additional 9, 000, eral for the year 1883, showing the receipts during that year from the the people of Dakota will be content to pay it themselves. They would po tal service in the Territory of Dakota to have been $313,169.35, while not hesitate a single moment in regard to the matter. It is not a ques the entire expenditures of the postal service in that Terri tory were tion of expense. They come here· and ask for the pas&lge of this bill $291,993.94. Thus the net profits from the postal service in that Ter for 31\0ther reason. They ask it because the Territory is o large, its ritory for the last fiscal year were, as I have stated, $21,175. Very few resources are so great, this change in the present law is a necessity. Its of the tates, and certainly no other Territory, can make such an ex population has increased to such an extent, its busin~ has grown so hibit. Of course I take into consideration the newness of this TelTi rapidly, its railroads are being built so fast that the inhabitants of thi tory and the disadvantages to which any new Territory is subjected. Territ.ory believe that twelve men in the council of that Territory is These statements are surprising, and yet they can not be doubted. too small a number in connection with twenty-four members in the That is not all. While speaking of the resources of this Territory I other house to fairly and honestly do the business which must neces wish to call attention to another fact. The land offices in the Terri sarily come before such a Legislature. tory of Dakota paid into the Treasury of the United States last year, Mr. Chairman, it seems to me it must be apparent to every gentle as surplus fees and commis ions, in excess of all expenses, more than man who will consider the question for a single moment that it should $400,000. This was the excess over and above all the expenses of the not be in the power of seven men, as it is now under the present law of Government and Government officers in the conduct of those offices, in the Temtory of Dakota, by combining together to control all legisla clusive ofland surveys, during the fiscal year ending June 30, 1883. tion. These seven men hold in their grasp 500,000 people. They hold I hold in my hand the report of the Commissioner of the General Land under their control all that immense Territory. They regulate the Office, from which I have gathered these facts. I wish gentlemen to erection of public buildings. From them emanate.."! all the legislation understand that I am referring to the net profits, not the proceeds for that great Territory, covering an area of nearly four hundred miles arising from the sales of lands. That is an entirely distinct matter. square, and having nearly a hundred million acres of land, 85 per cent_ The figures I have stated are the net profits arising from commissions of which is tillable, ready for agriculture, and soon to be occupied by and fees after deducting all expen es. the emigrants, who are rapidly making their homes in this Tenitory_ Mr. EVINS, of South Carolina. What is the amount? . If the incre.ase of the past be any indication of the future, these lands Mr. JOSEPH D. TAYLOR. The exactamountis 464,869.93. This will soon all be taken up by a busy and prosperous population. . i the net profit arising from the commissionS and fees received at the I insist, therefore, that these people are not asking too much. I do different land offices in that Territory over and above the salaries of the not thlnk I ought to occupy the time of this committee a ingle moment ·officers of the Government and all expenses incident to the manage- longer. I presume there is no reasonable expectation of Dakota being ment of their offices except the surveys. The public surveys cost admitted as a State during the present Congress. I do not propose to S60,000, leaving, as I before said, a net revenue to the Government of discuss that question or to tate tlie reasons why I come to that conclu over $400 000, or to be exact, S464,869.93, after deducting cost of. sur sion; but whether it is admitted or not I ee no po ible objection to veys. allowing this vast Territory, with all the. great interes growing up · The statement I here submit, taken from the report of the General there, to have a larger representation in the two hous of her Legisla- Land Office, shows the following net snms paid into the Treasury by the tive Assembly. several land offices of Dakota, with the aggregate: You know, Mr. Chairman, there are times in new Territories, as well Aberdeen...... $31,991 32 as in old States, when great questions concerning railroads, great ques Bismar<'k ...... 34,617 2.5 tions concerning corporations, questions concerning the location or Deadwoou...... 1,095 49 Fargo ...... 61,916 27 the capital, concerning legislation of every kind affecting the inter Grand Forks ...... 33,523 25 ests of thousands and hundreds of thousands of people-! say there ~Iitcbell ...... 87,240 97 are times when these important matters press for full and efficient ac Huron ...... , ...... 100,432 ll Watertown ...... 82,618 40 tion; and it seems to me to be unjust to leave Dakota with a Legislative Yankton ...... 31,434 87 Assembly so few in number as it is· at present. There was no question in the minds of the Committee on TeiTitories, and I thlnk there should Total...... 464,869 93 be none in the minds of this committee, as to the propriety and neces The money arising from the sale of public lands is another matter. sity for this law. The amount J;eceived from the sales of public lands are away beyond I will occupythe timeofthe committee no longer, but will conclude, these figures. I have here a statement, taken also from the report of trusting we will have favorable action on the bill. I trust this com the General Land Office, of the amounts received at the different land mittee will not deny this request. It is not the policy·ofthls Govem. offices, showing the aggregate to be upward of $3,650,000. ment to place so much power in the bands of so few persons. We should In 1 83 the Legislature of Dakota apportioned the Territory into not leave the rights and liberties of so many people, the control and twelve legislative districts, and provided for electing from each district managementofsomuch property, in the hands of such a small Legisla one councilman and two members of the bouse. The bill now under ture. We should remove temptation as far as possible from all men, 4136 CONGR.ESSIONAL RECORD-HO BE. MAY 13, and make bribery as difficult as po ible. In such a small body there "Your memorialists would therefore pray that the juri diction of ju tice of the peace be extended by an act of Congress to $300 in civil matters." may be times when it would be a great object to men of large means Your committee, therefore, report said bill back to the House and recommend or to corporations of large interesta to control the Legislature. At pres its pa age. ent a few men only would have to be reached. It would be more diffi Mr. EVIN , of South Carolina. Mr. Speaker, the reason a igned cult to reach a larger ~umber. In the interest of this people let us pass 1or the passage of this bill are so .clearly dem?nstrated ~ t~e rep~rt this bill which has just been read that I think there will be no obJectiOn to 1ts Mr. EVINS, of South Carolina. After the forcible statement made passage. It is a matter solely concerning p~ple who .ask for the pas by my friend from Ohio, if there is no further discussion desired,• and sage of the bill. I therefore move the preVIous question upon the en- I hope there will be none, I ask that the committee rise and report the grossment and third ~eading of the bill. . ) bill favorably to the House. The preVious question was ordered, and under t~e ol?eratwn ther~of Ur. BLOUNT. I desire to ask the gentleman from South Carolina the bill was ordered to be engro ed and read a third time; and berng or the gentleman from Ohio a question. The bill, as I UJ?.derstand it, en~ossed it'was accordingly read the third time, and passed. does not provide for any subdivision of the counties growing out of ~he ~1r. EVINS, of South Carolina, moved to reconsider :t·he vote by additional representation. I presume the practice is for the Ternto which the bill was passed; and also moved that the motion to recon ries to regulate that for themselves? sider be laid on the table. Mr. JOSEPH D. TAYLOR. Yes, sir; and this doesnotchangethe The latter motion was agreed to. districts at all. They were provided by act of the Legislature passed in 1883, and it is proposed here to let them remain just as they were LEGISLATIVE .ASSEMBLY, WASHINGTON TERRITORY. under that arrangement. lli. EVINS, of South Carolina. I now a k to call up House bill Ur. BLOUNT.. But I mean it is perfectly competent, if the Terri- 6409 to validate and cure defects in certain acts of the Legislative As tory desires to make another divi ion, to do so? · sembly of Washington Territory. Ur. JOSEPH D. TAYLOR: Yes, sir. The bill is as follows: :M:r. BLOUNT. .And that is confirmed by the practice o£ the Territo Be it enacted, &c., That all tJ;lose certa~ ac~s pa~ed b;v the ~gislative~m ries? bly of the Territory of Washmgton at Its runth biennial sesswn, commencmg Mr. JOSEPH D. TAYLOR. Yes, sir; there is no doubt about that. Monday October 1, 1883, and ending November 29, 1883, namely: :M:r. EVINS, of South Carolina. I renew the motion that the com An act' to correct errors and supply defects in the code of W a.shington ; An act amending chapter 193 of the code, relative to the construction and mittee now rise and report the bill to the House. maintenance of dikes and ditche ; The motion was agreed to. An act to prohibit the sale of toy pistols, fire-arms, and tobacco to children The committee accordingly rose; and the Speaker having resumed under the age of 16 years; An a('t in relation to pro ecuting attorneys, defining their duties and fixing the chair, Mr. Cox, of New York, reported that the Committeeof~e their compen ation; Whole House on the state of the Union, having had under consideration An act to supply deficiencies iu the appropriation for the hospital for the in- the bill (H. R. 4359) in relation the Legislature of Dakota Territory, sane for the fiscal years 1882 and 1883 ; to An act to provide for holding a term of the district court at Port Town end; had directed him to report the same to the House with the recommen An act to incorporate the city of 'Vhatcom; dation that it do pass. An act to enable the county commissioners of Yakima County to build cer :Mr. EVINS, of South Carolina. I ask the previous question upon tain bridges in Yakima County; An act t-o legalize certain ordinances and proceedings of the city of Seattle in the engrossment and third reading of the bill. condemning a strip of land for a public s?-eet; . . . . The previous question was ordered, and under t~e o~eration ther.eof An act to provide for the payment of bills for prmtmg blank commiSSions for general officers, commission.ers of deeds, and notaries public, for use of the the bill was ordered to be engrossed and read a third time; and berng executive department; engrossed, it was accordingly read the third time_, and passed. . An act to establish the county seat of Garfield County at Pomeroy; Mr. EVINS, of South Carolin~ moved torecons1derthevote by. which Notwithstanding the omi sion of the enacting clause or the date of the gov ernor's approval, the misdating of such approval, or other defect or other irreg the bill was passed; and also moved that the motion to reconsider be ularity, are hereby validat-ed and confirmed as of November 28,1883, when they laid on the table. are supposed to have been approved. . The latter motion was agreed to. SEC. 2. That the words" subdivision twelve of" be inserted in the act of said Legislative Assembly entitled "An act to amend section347 of the code of Wash ENROLLED FILL SIGNED. ington" approved November 23,1883, immediately after the word" that" where it first ~oc1us in said act and immediately before the word "section" therein Mr. PERKINS, from the Committee on Enrolled Bills, reported that and that construction. and effect be given to said act as though it contained said they had examined and found duly enrolled a bill of the following title; words. when the Speaker signed the same: lli. BRENTS. I ask now for the reading of the report as the only .A bill (H. R. 2267) granting an increase of pension to Samuel C. statement I think will be necessary, andatthepropertimeishallmove Wright. a single amendment to the first section of the bill. JURISDICTION OF .JUSTICES OF THE PEACE, WYO:!IIING TERRITORY. The report was read, as follows: :M:r. EVINS, of South Carolina. :Ur. Speaker, I now ask to call up The Committee on the Territories, to whom was referred House bill 2944, hav the bill (H. R. 5639) extending the jurisdiction of justices of the Pea:ce ing con idered the same, submit the following report, recommending a substi in Wyoming Territory. tute for said bill and the passage thereof: Through ome inadverte~ce, <~se extending jurisdict.ion ofjustices ofthe peace in Wyoming Territory, respectfully in some ca es, hould not, therefore, we thmk:, be uffered to operate 1u this In- stance. . re1].~r;t: the effect of this bill is to increase the jurisdiction of justices of the peace In the act to establish the county seat of Garfield the enadmg clause was un in the Territory of Wyoming to any matter iu controversy where the debt or intentionally omitted from the engro sed copy. By oversight it was signed and sum claimed does not exceed $300. The jurisdiction is now limited in any mat approved without detection of the mistake. The act ism uch needed and should be made valid. . ter as aforesaid to 100. By the like accidental omission of three words from the act to amend section The Legislative Assembly of the Territory of W~-o~in.g ~ve ~ubJ:?-itted the following memorial to Congress, praymg that theJurt dtcbou of Jnshces of the 347 of the code nearly the whole law ol' exemptions was, contrary to the inten peace be extended : tion and under' tanding of the Legislature and the governor, a we are f~l;v assured, entirely swept away. ~o allow it to so stand would cause much liti- "To the Senate and House of Representatives gation and produce great hard hips. . . . of the Unit~ Statu in Congress assembled: Other defective acts have been called to our attentiOn, but after e:x:aiD1nat10n "Your memorialists, the Legislative Assembly of the :rerritory.of ."Wro?J-iug, their validation is considered inexpedient. respectfully represent, that by organic ad of the Terntory the JUrisdiCtiOn of The early pa sage of the acco~pauying substitute is of pressing importance, justices of the peaoo in c~vil.ma~te~ is limi~ed .to the sum of $100, and that larger and your committee so recommend. sums are matters for adJudicatiOn m the diStriCt court. "That each district court in the Territory holds but two terms a year, and that Mr. BRENTS. Mr. Speaker, I desire to make no further tatement Congress has hitherto in otherTerritorie founditexped~en~ to extend the juris in regard to the general matters treated of by thl_s bill. It is a matter diction of justices of the peace to $300 even when the diStnct terms have been more frequent. . . . . of considerable interest to the people of the Territory. These defects "That the Territory of Wyoming is very large m. extent, Its populatiOn IS rap are almo t all clearly clerical, a.nd no legislation has been put into this idly increasing, and the bus'iness of its _district courts_ i also greatly in<:reasing, bill except the validation of one act to which there is any objection, and fiO much so that jj, frequent!'" happens 1n orne counties that all the busmel!s be fore the courts can not be dispo ed of within the time limited by law for its ses that is the act to incorporate the city of Whatcom, which is named in sion · and vour memorialists say that justice frequently fails in con equence of the twenty-second line of the first ection of the bill. I therefore move the greater expense of having to litig·ate all matters involving .a greater sum to strike that out of the bill. than 100 in the district courts chiefly on account of the extensive area of the seve~l counties, which ~ake~ the expense of obtaining witnesses sometime The SPEAKER. The Clerk will report the amendment proposed by greater than the amount mvolved. the gentleman from Washington Territory. 1884. CONGRESSIONAL RECOB,D-SENATE. 4137

The Clerk read as follows: PETITIOKS, ETC. Strike out line 22, "An act to incorporate the city ofWhatcom." The following petitions and papers were hrid on the Clerk' desk, The amendment was agreed to. under the rule, and referred as follows: The SPEAKER. The question is on theengrossmentandthirdread By Mr. CLEMENTS: MemorialofW. R. Power and others, of Cobb ing of the bill. County, Georgia, for aid to education-to the Committee on Education. Mr. EVINS, of South Carolina. On that I demand the previous By Mr. CONNOLLY: Petition of J. G. Stephens Post, No. 304, Grand question. . Army of the Republic, Department of Pennsylvania, in favor of the pas The previous question was ordered; and under the operation thereof sage of a law granting a pension of $8 per month to all honorably dis the bill was ordered to be engrossed and read a third time; and being charged soldiers and sailors of the late war-to the Select Committee on engro sed, it was accordingly read the third time, and passed. Pa-yment of Pensions, Bounty, and Back Pay. Mr. EVINS, of South Carolina, moved to reconsider the vote by By Mr. EATON: Memorial of Julius Converse and others, Stafford which the bill was passed; and also moved that the motion to recon Springs, Conn., relative to the postal telegraph bill-to the Commit sider be laid on the table. tee on the Post-Office and Post Roads The latter motion was agreed to. By 1!1r. ELLIS: Memorial of Edward B. Wheelock, relative to the MESSAGE FROM THE SENATE. forfeiture of the land grant of the New Orleans, Baton Rouge and Vick - burg Railroad Company, &.-to the Committee on the Judiciary. A message from the Senate, by Mr. McCooK, its Secretary, announced By Mr. GEDDES: Petition of Louis D. Strntton and 60 others, the passage of a resolutionprovidingfor the printing of the annualre citizens of Huron County, Ohio, for the restoration of the Nez Perce port of the Commissioner of Fish and Fisheries for the year 1883, in Indians to their friends in Idaho-to the Committee on Indian Affairs. which concurrence was requested. By Mr. HANBACK: PetitionofEllsworthPost,No. 22, GrandArmy It further announced the passage of a bill (H. R. 2228) to remove cer of the Republic, relative to pensions-to the Committee on Invalid tain burdens on the American merchant marine and encourage the Pensions. American carrying trade with amendments. It further announced that By Mr. H. H. HATCH: Petition of the Soldiers' and Sailors' Reunion the Senate requested a conference with the House on said bill and amend Association of Southwestern Michigan, relative to a soldiers home in ments, andhadappointedasconfereesonitspartMr. FRYE, :Mr.l\1ILLER, Michigan-to the Committee on Military Affairs. of New York, and Mr. VEST. By Mr. MILLARD: Petition ofcitizensofTiogaCounty, New York, ORDER OF BUSINESS. for a pension to Henry Mericle-to the Committee on Invalid Pensions. Mr. NICHOLLS. If the Committee on Territories has no more busi By Mr. OCHILTREE: Papers relating to the claim of the heir of ness to S'\lbmit to the House, I move that the House do now adjourn. William Hendley, decea.sed-to the Committee on War Claims. · Mr. EVINS, of South Carolina. I beg leave to say that the Com By Mr. ROSECRANS: Resolutions of the Chamber of Commerce of mittee on Territories have no further business to which theydesirethe San Francisco, in support of a Territorial organization for Alaska--to the attention of the House to-day. Committee on the Territories. The question being taken on the motion to adjourn, it was agreed By Mr. T. G. KINNER: Papers relating to the claim of 0. F. Ad to-there being ayes 59, noes 33. ams-to the Committee on War Claims. The SPEAKER. Before announcing the result of the vote on the motion to adjourn the Chair will lay before the House certain personal requests and executive communications. SENATE. LEAVE OF ABSENCE. By unanimous consent, leave of absence was granted as follows: WEDNESDAY, May 14, 1884. To Mr. HEWITT, of New York, until next Tuesday. Prayer by the Chaplain, Rev. E. D. HUNTLEY, D. D. To Mr. BURLEIGH, for one week, on a<:eount of important business. The Journal of yesterday's proceedings was read and approved. To Mr. TULLY, for three days, on account of important business. To Mr. S~TYDER, for six days, on account of important business. EXECUTIVE COMMUNICATION. To Mr. BREWER, of New York, for one week, on account of impor The PRESIDENT p1·o tempore laid before the Senate- a communica tant business. tion from the Secretary of War, transmitting, in answer to a. resolution To Mr. CHACE, for two weeks, on account of important business. of March 1, 1884, reports from the Chief of Engineers and Col. William To Mr. TUCKER, for two days. E. Merrill, Corps of Engineers, with accompanying map, concerning the dam and Gi>vemmentworks in the Ohio River, near Jeffersonville, ORDER TO PRTh~. Ind., their effect upon the flood line in times of freshet , and the prac On motion of Mr. DUNHAM, by unanimous consent, it was ordered ticability and probable cost of constructing a levee to prevent the over that the bill (H. R. 3967) for the establishment of a bureau of animal flow of that city. industry, to prevent the exportation of diseased cattle, and to provide The PRESIDENT pro tempore. The letter with the accompanying means for the suppression and extirpation of pleuro-pneumonia and reports, excepting the map, will be printed, and the letter with all the other contagious diseases among domestic animals, be printed, with the papers will be referred to the Committee on Commerce. The Chair amendment-s of the Senate thereto. omits ordering the printing of the map until the committee shall see On motion of Mr. BLAND, by unanimous consent, the Committee on whether it will be necessary. Coinage, Weights, and Measures was authorized to have printed cer ~1r. HARRISON. I think that is right; it may not be nece sary. tain arguments made before said committee, together with such docu ments as it may deem proper. HOUSE BILL REFERRED. WITHDRAW.AL OF PAPERS. The bill (H. R. 4359) in relation to the LegislatureofDakot;:t Terri On motion of Mr. HALSELL, by unanimous consent, leave was given tory was read twice by its title, and referred to the Committee on Ter to withdraw the papers accompanying the bill (H. R. 667) for the benefit ritories. of George D. Blakey, they being only copies of the originals. POLYGAMY IN UT.AH. On motion of Mr. O'NEILL, of Pennsylvania, leave was granted to Mr. HOAR. I rise to ask consent of the Senateinrelation to a mat withdraw from the files of the House the papers in thecae of U.S. ter of pending bu ine . The Ulah bill is the unfinished business and Stockton without leaving certified copies, no adverse report having will be reached to-day at 2 o'clock in regular order. One Senator who been made thereon. is very much interested in that bill, in opposition to the measure, who HOSPITAL AT HOT SPRINGS, ARK. has some amendments which he desires to present and discuss, informs The SPEAKER, by unanimous consent, laid before the House a letter me that he is obliged to be ab ent to-day and to-morrow. I therefore from the Secretary of War, transmitting a communication from the ask unanimous ~onsent that the Utah bill may stand till Monday to be Surgeon-General of the Army in relation to the new Army and Navy the unfinished business at 2 o'clock on 1\Ionday as it would otherwise ho pital at Hot Springs, Ark., together with estimates of appropriations be to-day. I suppose the Senate can proceed with the Calendar to-day, required for its opening and maintenance; which was referred to the or with such other business as it shall see fit, without inconvenience Committee on Appropriations. or loss of time. l\1r. B.LAIR. I should like to say, before such unanimous consent CERTIFIED CLAIMS. is granted, that I wish to substitute for the Utah bill for consideration The SPEAKER, by unanimous consent, also laid before the House at 2 o'clock the bill establishing a bureau of labor statistics, which can a letter from the Acting Secretary of the Treasury, transmitting supple easily be disposed of during the day; and the convenience of one or mental list of claims certified under provisions of section 273 of the more Senators who are obliged to be absent after to-day will be greatly Revised Statutes by the accounting officers of the Treasury to the Sec promoted thereby, because they desire to be heard. retary of the Navy, received subsequent to June 13, 1883, aggregating The PRESIDENT p1·o tempore. The Senator from Massachusetts asks 3,355.35; also a list of deficiences presented.by the· Secretary of the unanimous con ent that the unfinished business of the day, being Sen Navy amounting to 51,961.58; which was referred to the Committee ate bill1283, the Utah bill as it is called, be postponed until Monday on Appropriation , and ordered to be printed. next at 2 o clock, to be treated as the unfinished business at that time. · The result of the vote on the motion to adjourn was then announced; Is there objection? The Chair hears none. The Senator from New and accordingly (at 4 o'clock and 5 minutes p. m.) the House adjourned. Hampshire asks unanimous consent that the bill (H. R. 1340) to estab-