3410 . CONGRESSIONAL RECORD-SENATE. MAY 17,.
IN SENATE. structural iron, employing seven hundred hands ; the petition of Wood, Morrell & Co., of Johnstown, Pennsylvania, manufacturers of MONDAY, May 17, 1880. woolen goods, employing two hundred hands, praying for the pas sage of the Eaton bill providing for the appointment of a tariff com Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. . mission; which were ordered to lie on the table. The Journal of the proceedings of Friday last was read and ap Mr. DAWES presented the petition of the Berkshire Woolen Com proved. pany, of Great Barrington, Massachusetts, manufacturers of woolen EXECUTIVE COMMUNICATIONS. goods, employing two hundred and seventy-five hands; the petition· The PRESIDENT pro tempore laid before the Senate a communica of the North Adamsl\fanufacturing Company, of North Adams, Massa tion from the Secretary of the Treasury, transmitting, in compliance chusetts, employing two hundred hands; the petition of the George H. with a resolution of the 5th instant, copies of reports of Capta\n John Gillent Manufacturing Company, of Ware, Massachusetts, manufact W. White, of the United States revenue service, concerning matters urers of woolen goods, employing seven hundred hands; the p etition connected with Alaska Territory, and also copies of all material of the Blackinton Woolen Company, of Blackinton, Massachusetts~ papers relating to the transfer of the jurisdiction over the Territory manufacturers of woolen goods, employing three hundred and fifty from the War to the Treasury Department; which was referred to hands; and the petition of the Renfrew Manufacturing Company, and the Committee on Territories, and ordered to be printed. seven other firms of Adams, Ma.<1sachusetts, manufacturers of cotton He also laid before the Senate a communication from the Secretary goods, praying for the passage of the Eaton bill providing for the of War, transmitting _a letter of the Chief of Engineers covering a appointment of a tariff commission; which were onlerad to lie on the copy of report from Major F. Harwood, of the Corps of Engineers, table. upon a resurvey of the bar at the mouth of Bell River, Michigan, Mr. WALLACE presented the petition of MaJor Charles C. Cresson,.. made in compliance with the requirements of the river and harbor First United States Cavalry, praying that he be placecl on the retired act of March 3, 1879; which was referred to the Committee on Com list, with the rank of maJor; which was referred to the Committee merce, and ordered to be printed. on Military Affairs. He also laid before the Senate a communication from the Secretary He also presented the petition of Robert H. Barber and 32 others, · ()f the Treasury, transmitting, in compliance with a resolution of the citizens of the first, second, and fourth congressional districts of Penn 13th instant, information regarding the effect of the bill for the pro sylvania; the petition of Van R. Remmel and 72 others, citizens of posed repeal of certain laws pertaining to permanent and indefinite the eighteenth congressional district of Ohio; the petition of E.T. appropriations on the appropriation for the sinking fund for the 3.65 Walker and 32.others, citizens of the eighth congressional district of · bonds of tb.e District of Columbia provided by act of March 3, 1879; Massachusetts; and the petition of P. C. Hester and 272 others, of which was ordered to lie on the table, and be printed. the seventh congressional district of Illinois, praying for the enforce NATIONAL ACADEMY OF SCIENCES. ment of the eight-hour law; which were referred to the Committee on Education and Labor. · The PRESIDENT pro tempore laid before the Senate a communica Mr. BALDWIN presented the memorial of Nathan Child and 200 tion from William B. Rogers, president of the National Academy of other ex-soldiers, remonstrating against the passage of the bill provid- · Sciences, transmitting, in conformity with the requirement of the act ing for the examination and adjudication of pension claims; which of incorporation, a report of the operations of the National Academy was ordered to lie on the table. of Sciences during the past year; which was referred to the Commit Mr. BECK presented the memorial of ex-soldiers, resident in Harden tee on the Library, and ordered to be printed. County, Kentucky, remonstrating a~ainst the passage of the bill (S. :l\IESSAGE FROM THE HOUSE. No. 496) providing for the examination and adjudication of pension A message from the Honse of Representatives, by Mr. GEORGE M. cfaims; which was ordered to lie on the table. ADAMS, its Clerk, announced that the House bad passed the following Mr. WINDOM submitted additional papers to accompany the bill bills; in which it requested the concurrence of the Senate: (S. No. 1639) for the relief of Henry T. Johns; which were referred 4 bill (H. R. No. 6185) making appropriations for the legislative, to the Committee on Claims. executive, and judicial expenses of the Government for the fiscal year Mr. BLAIR presented the petition of Coffin & Nourse, of Newport, ending ·June 30, 1851, and fQr other purposes; ' New Hampshire, employing one hundred and twenty-ft ve h~nds, pray A bill (H. R. No. 580) to construe and define "An act to cede to the ing for the passage of the Eaton bill providing for the appointment State of Ohjo the unsold lands in the Virginia military district in said of a tariff commission ; which was ordered to lie on the· table. State," approved February 18, 1871, and for other purposes; and Mr. FERRY presented the petition of Thomas A. Lyon, agent, and A bill (H. R. No. 4435) making appropriations for the payment of 12 others, manufacturers of lumber, salt, and shingles, employing claims reported allowed by the commissioners of claims under the act over twenty-five hundred hands on the Pere Marquette River, Mich of Congress of March 3, Hi!71, and acts amendatory thereoi igan, and the petition of Rust, Eaton & Co. apd 24 other :firms on . the Saginaw River, Michigan, manufacturers of lumber, sa.lt, and ENROLLED BILLS SIGNED. shingles, employing nineteen hundred and five hands, praying for The message also announced that the Speaker of the House had the passage of the Eaton bill providing for the appointment of a. signed the following enrolled bills; and they were thereupon signed tariff commiss_ion; which were ordered to lie on the table. by the President pro tenipore: Mr. HOAR presented the petition of Ashworth & Jones, and A bill (H. R. No. 4507) to abolish all tolls at the Louisville and four other firms, of Cherry Valley, Massachusetts, manufacturers of .Portland Canal ; and woolen goods, employing three hundred and twenty-nine hands, and A bill (S. No. 464) for the erection of a public building at Mont the petition of.Sayles, Owen & Co., of Warren, Massachusetts, man gomery, Alabama. ufacturers of woolen goods, employing one hundred and eighty hands, PETITIONS .AND MEMORIALS. praying for the· passage of the Eaton bill providing for the appoint The PRESIDENT pro tempore presented a communication from the ment of a tariff commission; which were ordered to lie on the table. Secretary of War, transmitting a petition of officers of the Army pray ing the enactment of such legislation as will entitle all lieutenants INTEROCEANIC CANAL. of the Army who have served fourteen .years in the grade of lieuten Mr. BOOTH. I ris@ to present the memorial of the Board of Trade. ant to the rank and pay of captain; which was referred to the Com of S~n Francisao, in favor of the construction of a ship-canal to oon mittee on Military Affairs, and ordered to be printed. nect the Atlantic and Pacific Oceans. I move that the. memorial He also presented the memorial of Andrew W. Roberts and others, with the accompanying documents be referred to the Committee on of Mount Ayr, Osborn County, Kansas, and the memorial of James Foreign Relations, and on 'that motion I ask to be heard very briefly• . M. Bond and others, of Olive Hill, Kentucky, remonstrating against The Board of Trade of San Francisco represents a capital of more the passage of the bill (S. No. 496) for the examination and adjudi than $50,000,000, invested in commercial ·pursuits, under the control cation of pension claims; which were ordered to lie on the table. of two hundred and twenty-four business fume. :Mr. BAILEY presented the petition of Warner Bros., of Worley While an interoceanic canal is of vast importance to the whole Furnace, m:mufacturers of pig-iron, employing one hundred and fifty :world, the construction of which will mark a new era in the world's hands, praying for the pa..ssage of the Eaton bill providing for the commerce, there is no community more immediately interested in. appointment of a tariff commission; which was ordered to lie on the its early completion, and which will receive greater benefits there ~~ . from, than that of San Francisco. It is natural that the accredited Mr. INGALLS presented the petition of the Buell Manufacturing organ of the merchants of that city should ask a bearing on this ·sub Company, of Blue Rapids; Kansas, manufacturers of woolen goods, ject by the Congress of the United States. employing seventy hands, and the petition of Owen Duffy, of Leaven Accompanying the memorial is a report adopted by the board on wort h, Kam1as, manufacturer of woolen goods, employing forty hands, the 7th of April last on the practicability of the various routes which.. praying for the passage of the Eaton bill providing for the appoint have been surveyed. The report is one of rare intelligence, evincing ment of a tariffc_ommission; which were ordered to lie on the table. close and impartial study. It is a model of diction; at once clear, con Mr. CAMERON, of Pennsylvania, presented the petition of Rey cise, and comprehensive, it can be studied with profib eve.I;!. by thos6 nolds•& Co., of Red Bank Furnace, Pennsylvania, manufacturers of who are most familiar with the subject it discusses. The conclusion pig metal, employing three hundred hands; the petition of the La~y of the report is "that in point of economy of construction, availa Furnace Company, of Pittsburgh, Pennsylvania, manufacturers of bility for commercial purposes, and certainty of returns for the cap pig-iron, employing three hundrecl hands; the petition of E1rkpat ital invested the Nicaragua route for an interoceanic canal, as sur- rick & Co., of Pittsburgh, Pennsylvania, manufa-cturers of sheet-iron veyed by Commander Lull, of the United States Navy, in 1875, offers and tin-plate, employing one hundred and fifty hands; the petition the greatest advantages, and should therefore receive the unqualified. of Carnegier & Co., <1f Pittsbu.rgh, Pennsylvania, manujacturers of indorsement of our Government and the capitalists of the world." 1880. CONGRESSIONAL RECORD- SENATE. 3411
One reason assigned for preferring the Nicaragua to the Panama chase by great premiers who may desire to obtain control for the coun route is that the latter would be an experiment in engineering, in tries they represent. The American people will abate no jot or tittle volving vast expense with doubtful results,, while the former involves of the Monroe doctrine in its just and true meaning and interpreta no problems which have not been already solved. tion. The report well says : When that policy was announced it was hoped in the glow of en We see no reason why the philosophy that nature teaches should not be made thusiasm that the peoples on this continent who achieved political use of to conquer the obstacles that nature places before us, and we claim that it independence would at once enter upon a career of prosperity, liberty, is better and more reasonable to carry a ship over a. summit by means of lift-locks and order. The hope has not been realized. Then we were a people than to build a sea-level cut at an incalculabiy increased cost, which must neces· of less than ten millions ; our seaboard was more than thirty days re sarily receive the drai.na~e of a country, with an average precipitation of one hundred and twenty-four mches annually. moved from the nearest European port; our combined exports and imports less than 128,000,000 per year. Now we are in instant and It is frequently assumed that because a. low-tide level canal has constant communication with every portion of the ciV"ilized world; been constructed and successfully operated at the Isthmus of Suez, our combined annual imports and exports are $1,200,000,000, and w& it is also practicable at Panama. The conditions, however, are radi are fifty millions strong. Our fathers had visions of a great future, but cally different. At Suez the annual rain-fall is less than four inches; not eve:n. the vision of prophecy could reveal the means by which it at Panama it is over one hundred and twenty inches. In his report has been attained. We are strong enough to-day to maintain any · of 1875 on the Urtited States survey of the Panama route, Commander policy on this continent which is right. . I trust we are great enough Lull says: not to desire any that is wrong. One of the most vitally important questions to be considered in discussing the subject of the construction of a. canal across the American I sthmus is that of drain There are two methods by which this canal could be constructed:,. age ; and, singularly enough, among European writers on the subject scarcely anv and by one of which it ought to be. Let the great maritime powers of· attention has 'been given to it. Takini; the Suez Canal as a standard for comparf. the world agree by international treaty to build it, guarantee its neu son, they almost without exception cling to the idea of a canal without locks-in trality forever, and make it a free gift to the worid's commerce. Why other words, a cut below the level of the sea. Snch a channel would be burdened not only with the discharge of the springs developed in the cut, and whose num not~ Why should not the nations which annually lavish hundreds. ber and force in a land so t'!aturated with moisture would be beyond comparison of millions on armies and navies buiJ.d one monument to peace, to.. with those of any hitherto constructed work, but must a.lso eccome the ultimate commemorate the nineteenth century and perpetuate high-water· drain of the snrface of a very considerable portion of adjooent territory. It would, mark in the advancing tide of civilization¥ If this be impracti-· during the rainy season, if not indeed at all times, be a wild torrent unfit for the passag-e of ships, and must speedily become filled with bars and other obstructions cable, or the mere vision of what ought to be, there is another way,, from the detritus furnished by its own curr·ent. in which the honor shall be all our own. Let this Government adopt. When we remember that the bottom of this canal will be thirty the Nicaraguan route, which is pre-eminently the American, take fhel feet below the level of the sea, thestatementof Commander Lull will necessary preliminary steps to acquire the exclusive right to it, build: be regarded as far from exaggerated. Aside from the great if not the canal, own it, make it free to the world in time of peace; in timer insuperable difficulties in the construction of the Panama Canal the of war, if such should unfortunately come, we shall be strong enough report adopted by the board of trade urges that- to maintain the right to it, which we shall indisputably possess. The location of this great work is a factor of vital importance. The Nicaragua. We ought to rise to the height of the occasion a.nd do this, to repay Canal would be entitled to the preference of Americana because it would save about the debt we owe to history and to the memory of the great admiral eight hundred miles on both oceans between ow; northwest coast and onr eastern who, seeking the nearest passage to the Orient by sailing to the west~ seaboard and Europe. Bnt we are considering a canal for the service of all the reached the New World, in which it is our happiness to·live. maritime world, and, discarding our own preferences a.a Americans, we still recog nize the Nicaragua Canal as the most advantageously sititated for the world's com I move the reference .of the memorial, with the accompanying re merce. In the use <>f wind, nature has given us a motive power too cheap and too port, to the Committee on Foreign Relations. ejficient to be.discarded. Even in screw steamships of la.Wit comtruction this fact is The motion was agreed to. · recognized; all using it a.a a valuable auxiliary motive.power, and even as aiding in the development of steam-power by furnishing efficient draught for furnaces. HOUSE BILLS REFERRED. For hundreds of miles oceanward. from Panama. almost unremitting ca.lms prevaiL The bill (H. R. No. 580) to construe and define "An act to cede to Maury has written that were an earthquake to sever the continent at the Panama. isthmus sailing-ships would prefer going a.round the" Cape of Storms" to essay the Stare of Ohio the unsold lands in the Virginia military district ing a. passage through the Gulf of Panama. It is a notable fact that notwithsta.nd· in said State," approved February 18, 1871, and for other purposes, in~ the development of steam-power which has increased its economy fully one· was read twice by its title, and referred to the Committee on Public third, 6ailing-ships ha.ve increased in still greater ratio. To them the Panama Lands. Canal would be practically useless, and no project unadapted to their use can be entertained by the commercial world, which requires a canal as much for the ships The bill (H. R. No. 6185) making appropriations for the lea'islative, tdre.ady construct.ed as for those of the future. executive, and judicial expenses of the Government for the fuica.l year The Nicaragua Canal offers no snch disadvantage. With its Pacific terminus ending June 30, 18Bl, and for other purposes, was read twice by its almost out of the region of tropical ca.lms, it is accessible to sailinp:-ships with com· paratively limited delay, and would be extensively used by them. Iron sailing-shi,PB title, and referred to the Committee on Appropriations. m passing through it would be cleansed by the action of fresh water, thereb.v m :Mr. DAVIS, of West Virginia. I know there is a standing rule creasing their subsequent speed, and steamships would leave it with boilers filled which requires the printing of all bills, but I ask that the legislative, with fresh water without cost or detention. · executive, and judicial appropriation bill be sent t() the printing office In the report a comparison of the two routes is epitomized as fol and printed at once. . lows: The PRESIDENT pro tempore. It will be so ordered. The Clerk NICARAGUA. will see to that. 1. Longer .canal and lift-locks to attain lake level of 107! feet. The bill (H. R. No. 4435) making appropriations for the payment 2. About half cost of Panama.. of cl11tims reported allowed by the commissioners of claims under the 3. Passes through a country of great but oilly slightly developed resources. 4. Fresh water a.nd splendid inland harbor. act of Congress of March 3, 1871, a.nd acts amendatory thereof, was 5. Materials for construction and maintenance mostly in the country. read twice by its title, and, on motion of Mr. COCK'.RELL, referred to 6. Accessible to sailing-ships with slight delay. the Committee on Claims. 7. Free from financial claims against the parties constructing it. 8. Route through a country with 58 inches average annual rainfall and, by reason REPORTS OF COMMITTEES. of the lake. receiving the drainage, not liable to floods. Mr. HARRIS, from the Committee on the District of Columbia, to 9. 'Lift-locks remotely liable to damage by earthquakes. 10. Two da.ys to pass throucrh. whom was referred the bill (S. No. 1681) to provide for funding the 11. Saving about 800 miles between east and west coast United Sta.tea ports, and eight per cent. improvement certificates of the District of Columbia · losing about IBO miles to and from South American west coast ports, for steamers. reported it, with an amendment, and submitted a report thereon; Losa to sailing-ships in latter ca~e little or none. which was ordered to be printed. PANAMA. Mr. McDONALD, from the Committee on Pnblic-Lands, to whom 1. Short low-tide level cut, with tidal lock at Pa-0ific terminus. was referre?- the b_ill (H. R. _No. 5502) granting to the Territory of 2. About double cost of Nicaragua comparatively. 3. Passes through a country of comparatively no resources. Dakota section 36, m township No. 56 north, of range No. 94 west in 4. Salt water and no harbors except at the termini. the county of Yankton, in said Territory, for the purposes of an ~y 5. Materials for construction and maintenance mostly to be imported. ~um. for the ~san~; an~ grantin~ to said Territory one section of land, 6. Ina-0cessible to sailing-ships without great delay by reason of calms. m. lieu of said thirty-sixth sect~on, for schoo-r purposes, reported it 7. Required to pay Lieutenant Wyse 10,000,000 francs for concession, and Pan ama Railroad Company 100,000,000 francs for value of railroad. without amendment, and submitted a report thereon. ; which was 8. Route through a country with 124 inches average annual rainfall and liable to ordered to be printed. very high fl.oous, endangering the canal works thereby. Mr. COKE, from the Committee on Indian A:ffa-irs, to who-m the 9. ChagI"es dam remotely liable to damage by earthquakes and to destruction by subject was referred, reported a bill (S. No.175!'J)'to·accept and ratify floods in rainy season. 10. One i1'l.y to pass through. the agreement submitted by the Shoshones, Bannocks, and Sheep i 1. Losing about 800 miles between east and west coast United States ports, and Eaters, of the Fort Hall and Lemhi reservations, in Idaho, for the saving about 180 miles to steamers to and from South American west coast ports. sale of a portion of their lands in said Territ<>ry, and for other pur Gain to sailing-ships in latter ease little or none. · poses, and to make the necessary appropriations for carrying out the It is possible that there are no difficulties in either of these enter same; which was read twice by its title. prises which will not yield to science, skill, and determination. The He also, from the same committee, to whom the subject was re commerce of tho world, the multiplying wants of advancing civil ferred, reported a bill (S. No. 1760) to accept and ratify the agree ization demand the completion of this great work, and of all nations ment submitted by the Crow Indians of Montana for the sale of a ours has the deepest interest in it and can least afford to obstruct it. portion of theil' reservation in said Territory, and for other purposes, Such a work, so grand in design, so universal in its benefits, should and to make the necessary appropriations for carrying out the same; never be committed to a joint-stock company, with shares to be hawked which was read twice by its title. on the mru:ke.t, the sport of bulls and bears, and subject to secret pu:r- Mr. FARLEY. I am directed bytheCommitteeonPost-Officesand
. .3412 CONGRESSIONA~ REOORD-SENATE. MAY 17,
Post-Roads, to whom was referred the bill (S. No. 1020) for the relief Mr. GARLAND, from the Committee on the Judiciary, to whom -0f B. F. Rockafellow, to report adversely thereon ; and I ask its indefi- was referred the bill (S. No. 1749) to authori2e the Roman Catholic nite postponement. · bishops in California to se:µ certain church lands, reported it with an Mr. TELLER. I introduced a similar bill some time ago and had amendment. it referred to the Committee on Claims, with the consent of the Mr. GARLAND. I am also directed by the. Committee on the Ju chairman of the Committee on Post-Offices and Post-Roads. I thought diciary, to whom was referred the bill (S. No. 1541) for the relief of it was then under8tood that this bill was to be reported back from Stephen Powers, to report it without recommendationF and I ask that that committee and referred to the Committee on Claims. It is not it be pfaced on the Calendar. a case for the Post-Office Committee, but the bill went there because I wish to state that the committee have had a similar· question be at that time I supposed Mr. Rockafellow was indebted to the Gov- fore them several times at this session and have reported in every .ernment and it was for the settlement of accounts. · instance adversely; but they believe that the case of Mr. Powers has The PRESIDENT pro tempore. Does the Senator wish the bill to exceptional merits. At the same time they are not wi~ling to report go on the Calendar T in favor of the bill reversing their actic;m upon other· cases during Mr. TELLER. I do not wish it to go on the Calendar. I desire the session. The committe~ believes that he makes a. better showing to have it referred to the Committee on Claims. than others, and they simply report the bill back without any recom Mr. FARLEY. If the Senator from Colorado will consent that the mendation and ask that it be placed on the CalendaJ:~ bill go on the Calendar he can then raise the point he su&:gests. This The PRESIDENT pro tempore. The bill will be pla.ced· on the Cal has been the third time that this bill and Senate bill .No. 983 have endar. been recommitted to the Committee on Post-Offices and Post-Roads. . Mr. BRUCE. I desire to ask the Sena.ta to consider at this time 'The committee, at their last meeting, instructed me to make the re the bill (S. No. 711) amending the charter of the Freedman's Savings port which I now make. I understood that the Senator from Colo and Trust Company, and for otl;ter purposes. rrado had introduced a bill that did not pertain to the matters that Mr. COCKRELL. I call for ilhe regular business. · :are contained in this bill, and that it was referred to a different com The PRESIDENT pro tenipore. We are not through with the busi mittee. The Committee on Post-Offices and Post-Roads directed me ness of the morning hour. -to report these two bills. The bills can go on the Calendar. I con Mr. BRUCE. I thought we had passed the morning business. ·senteclmore than two months ago to permit the Senator from Colo- Mr. SAUNDERS. I am directed by the Committee on Indian Af rado to recommit this bill to the Committee on Post-Offices and Post fairs, to whom was referred the bill (S. No. 1598) to provide for the :Roads. A number of additional facts were presented to the commit allotment of lands in severalty to the United Peorias and the Miamies tee, which did not convince the commit~e that it should change its of the Indian Territory, and for other purposes, to report it with : former report. The Senator says he bas introduced a bill for this same amendments and to ask that the bill and amendments be printed a.ndi amount, or something like it, that was referred to the Committee on recommitted to the committee before final action is taken upon the ·Claims. Consequently this bill can go to the Calendar and remain subject. there, so far as we are concerned; the Committ~e on Post-Offices .The PRESIDE.NT pro tempore. The bill will be reprinted with the :and Post-Roads simply desire to be discharged from the further con amendments and recommitted to the Committee on Indian Affairs if ideration of the bill. there is no objection. Mr. TELLER. I do not know that I have any other method of Mr. EATON. · I desire that the petition I had the honor to read on reaching what I desire except to allow the bill to go on the Calendar; Friday be taken up for the purpose of reference-the petition of Davis. but it was distinctly understood, at least I supposed it was, that Hatch. these bills were to go to the Committee on Claims without an adverse .Mr. COCKRELL. Wehavenotgotthrough with the morning busi report from the Committee on Post-Offices and Post-Roads. They ness, and I object until the regular order is gone through with. have no more to do with it than the Committee on Railroads, and Mr. SAUNDERS. I am directed by the Committee on Territories, to the bills went to that committee under a misapprehension from a whom was recommitted the bill (S.·No. 550) to extend the northern :atatement made by the Department that these men were in default; boundary of the State of Nebraska, to report it with an amendment, that two of them had not settled their a~counts, when in fact they and to ask present action upon the bill. had settled their accounts many months before. Otherwise the bills The PRESIDENT pro tempore. Does the Senator report a new bill, never would have gone to that committee. The Department reported or- does he report the old bill f long after these men had settled their accounts that they had not Mr. SAUNDERS. I will state that it is written because of the mis settled. their accounts, and it was in order to settle their accounts laying by some one of the bill that was prepared with the amend that I had the bills referred to the Committee on Post-Offices and ments; but this is the same bill; only the amendment is made separate Post-Roads. It is for extra clerk hire that they claim they have paid in a separate paper. .out. There seems to have been an unusual anxitity on the part of one The PRESIDENT pro tenipo1·e. The Senator does not report it as a. -0r two members of the Committee on Post-Offices and Post-Roads new bill Y that this case should not get out of their hands. I have no objection Mr. SAUNDERS. Not at all. to the bill going on the Calendar. The PRESIDENT pro tempore. It is. the old bill t Mr. GARLAND. I wish to make a suggestion to the Senator with :Mr. SAUNDERS. The old bill with one amendment. Teference to this matter. The PRESIDENT pro tempore. The Senator from Nebraska asks Mr. FARLEY, .from the Committee on Post-Offices and: Post-Roads, for the present consideration of the bill. to whom was referred the bill (S. No. 983) for the relief of Horace A. .Mr. COCKRELL. I must object to it. Letit be printed, and then W. Tabor, submitted an adverse report thereon; which was ordered I shall have no objection to its passage. We are not through with to be printed. the morning business yet. · I have some morning business that I wish The PRESIDENT pro te.mpore. Does the Senator from Colorado to present. wish this bill to be placed on the Calendar' 111r. HOAR, from the Committee on Patents, to whom wa-s referred Mr. TELLER. Yes, sir. I should like to hear the suggestion the the petition of Martha J. Coston, praying for the passage of a bill per Senator from Arkansas rose to make. . mitting her to make application to the Commissioner of Patents for Mr. GARLAND. In reference to the reports made by the Senator a further extension of a patent for the Coston night-signal, submitted i'rom California referred to by the Senator from Colorado, and which a report thereon, accompanied by a bill (S. No. 1761) for the relief of he has consented may go on the Calendar, the Senator from Colorado Martha J. Coston. -
unanimous consent. AB resolutions (and the matter which the Sen Mr. INGALLS a-sked, and by unanimous consent obtained, leave to ator from Connecticut presents is in the nature of a resolution) do introduce a bill (S. No. 1763) granting a pension to Frank Kitzmiller; not go over from day to day, at least as they are displaced by the Cal which was read twice by its title, and referred to the Committee on endar, it requires unanimous consent. If there are no further reports Pensions. · from committees the introduction of bills is next in order. Mr. WALLACE asked, and by unanimous consent obtained, leave PUBLIC. BUILDL.~G AT PEORIA, ILLINOIS. to introduce a bill (8. No. 1764) for the relief of Ma:jor Charles C. Cres son ; which was read twice by its title, and referred to the Committee Mr. JONES, of Florida. I am instructed by the Committee on Pub on Military Affairs. lic Buildings and Grounds, to whom was referred the bill (S.No.1629) Mr. COCKRELL asked, and by unanimous consent obtained, leave to provide for the erection of a public building in the city of Peoria, to introduce a bill (S. No. 1765) grant ing a pension to John P. Platt; in the State of Illinois, to report it favorably, with an amendment. which was read twice by its title, and referred to the Committee on Mr. DA.VIS, of Illinois. Mr. President, I trouble the Senate but Pensions. · little; that is a unanimous report from the committee; and I should He also asked, and by unanimous consent obtained, leave to intro esteem it a favor if the bill could be taken up and acted on now. duce a bill (S. No. 1766) granting a pension to John C. Hargrav'e; By unanimous consent, the Senate, as in Committee of the Whole, which was read twice by its title, and, with the accompanying papers, proceeded to consider the bill. referred to the Committee on Pensions. The amendment reported from the Committee on Public Buildings Mr. CAMERON, of Wisconsin, asked, and by unanimous consent ob and Grounds was, in line 2, section 2, after the word " money," to in tained, leave to introduce a bill (S. No. li67) granting a pension t() sert " in the Treasury;" so as make the section read : to Sophia Holmes; which was read twice b~ its title, and referred to the That the sum of $100,000 be, and the same -is hereby, appropriated, out of any Committee on Pensions. money in the Treasury not otherwise appropriated, to be used and expended for the purposes provided in this act. Mr. KERNAN asked, and by unaniruous consent obt.ained, leave to The amendment was agreed to. introduce a joint resolution (S. R. No. 112) relating to the claim of Carlos Butterfield & Co. against the Kingdom of Denmark ; which The bill was reported to the Senate as amended, and the amendment was read twice by its title, and referred to the Committee on Foreign was concurred in. Relations. The bill was ordered to be engrossed for a third reading, read the Mr. MORGAN asked, and by unanimous consent obtained, leave to third time, and passed. introduce a joint resolution (S. R. No. 113) appropriating $14,900 for PRESIDENTIAL APPROVALS. collecting, preparing, and publishing more frequently the publication A message from the President of the United States, by Mr. 0. L. by the Department of State of consular and other commercial reports, PRUDEN, one of his secretaries, announced that the President had, on and for clerical hire in the preparation of the same; which was read the 14th instant, approved and signed the following acts and joint twice by its title, and referred to the Committee on Foreign Relations. resolution : AMEND:\.IENTS TO BILLS. An act (S. No. 180) for the relief of George V. Hebb; Au act (S. No. 401) for the relief of Peter Meagher; ~Ir. BAILEY, from the Committee on Post-Offices and Post-Roads, An act (S. No. 1113) granting a pension to Peter K. Morgan, private reported an amendment intended to be proposed to the bill (H. R. No. in the war of 1812 ; and 6185) making appropriations for the legislative, executive, and judi A joint resolution (S. R. No. 73) authorizing the President of the cial expenses of the Government for the fiscal year ending June 30, United States to call an international sanitary conference, to meet at 1881, and for other purposes; which, with the accompanying papers,. Washington, District of Columbia. was referred to the Committee on Appropriations, and ordered to be printe~ · REMOVAL OF POLITICAL DIS.ABILITIES. · Mr. McDONALD submitted an amendment intended to be proposed 1\Ir. McDONALD. I am directed by the Committee on the Judi by him to the bill (H. R. No. 6060) making appropriations for the con ciary, to whom was referred the bill (H. R. No. 6096) to remove the struction, repair, completion, and preservation of certain works on political disabilities of Francis L. Galt, to report it wit.hoot amend rivers and harbors, and for other purposes; which was referred to the ment. I ask for the present consideration of the bill. It is a House Committee on Commerce. bill, and the inquiries have all been made and properly explained. Mr. MAXEY, from the Committee on Post-Offices and Post-Roads, The applicant is not indebted to the Govern.ment. reported an amendment intended to be proposed to the bill (H. R. By unanimous consent, the Senate, as in Committee of the Whole, No. 6185) making appropriations for the legislative, executive, and proceeded to consider the bill. judicial expenses of the Government for the fiscal year ending June Mr. HOAR. Is there a petition Y 30, 1881, and for other purposes; which was referred to the Commit Mr. McDONAL_D. Yes, sir; the petition accompanie the bill. tee on Appropriations, and ordered to be printed. The bill was reported to the Senate without amendment, ordered Mr. TELLER submitted an amendment intended to be proposed by to a third reading, read the third time, and passed by a two-thirds him to the bill (S. No. 1456) to amend section 2022 of the Revised vote. Statutes of the United States; which was ordered to lie on the table Mr. McDONALD. I run also directed by the Committee on the and be printed. . · Judiciary to report back without amendment the bill (H. R. No. 5396) Mr. MAXEY, Mr. VOORHEES, and Mr. THURMAN submitted to remove tb.e political disabilities of Thomas L . Harrison, of Mobile, amendµients intended to be propo~ed by them respectively to the Alabama. This is also a House bill. This has received the same ex bill (H. R. No. 6185) making appropriations for the legislative, ex amination, and it is favora.bly reported. I ask that it be put on its ecutive, and judicial expenses of the Government for the fiscal year passage. · ending June 30, 1881, and for other purposes; which were referred t() Mr. HOAR. Is there a petition Y t he Committee on Appropriations, and ordered to be printed. l\Ir. McDONALD. There is a petition. By unanimous consent, the Senate, as in Committee of the Whole, HOUR OF l\1EETL'7G. proceeded to consider the bill. . . Mr. BAILEY. I offer the following resolution: The bill was reported to the Senate without amendment, ordered Resolved, That hereafter the daily hour of meeting shall be eleven o'clook a. m.. to a third reading, read the third time, and passed by a two-thirds until otherwise ordered. vote. · Mr. CONKLING. That. will lie over, l\Ir. President. 1\Ir.McDONALD. I am also directed.bythe Committee on the Ju The PRESIDENT pro tenipore. The resolution will lie over. diciary to report back without amendment the bill (S. No. 1224) to TARE O:N' F OREIGN SUGARS. remove the political disabilities of C. Manigault Morris, of Georgia. I ask that the bill be put on its passage. Mr. VANCE submitted the following resolution; which was con By unanimous consent, the .Senate, as in Committee of the Whole, sidered by unanimous consent, and agreed to: Resolved, That tbe Secretary of the Treasury be directed to communicate t.o the proceeded to consider the bill. Senate full information as to the method med by the revenue service in subtract The bill was reported to the Senate without amendment, ordered ing the tare on foreign sugars imported in boxes and whether the said tare be to be engrossed for a third reading4 read the third time, and passed by greater or less than the actnal weight of the box, together with the reasons there a two-thirds vote. for, if such be the case. Mr. McDONALD. I am also directed by the Committee on the l\IARY A....~D .U.~"'IE PL~TKETT. Judiciary to report back the bill (S. No. 12'25) to remove the political Mr. PLATT. On Friday last, from the Committee on Pensions, I disabilities of Jonathan H. Carter, of South Carolina, without amend reported adversely upon the bill (S. No. 1531) granting a pension to ment, and with afa~orable report cc'~taininghis petition. I ask that .Mary and Annie Plunkett, and the bill, on my motion, was indefi this bill aJso be put on its passage now. nitely postponed. The parties desire to submit further evidence in By unanimous consent, the Senate, as in Commit tee of the Whole, relation to it, and I therefore move that the vote by which the bill proceeded to consider the bill. was indefinitely postponed be reconsidered, and that the bill be re The bill was reported to the Senate without amendment, ordered to committed to the Committee on Pensions. be engrossed for a third reading, read the third time, and passed. The motion to reconsider was agreed to. . BILLS INTRODUCED. The PRESIDENT pro tmnpore. Shall the bill be recommitted to the Mr. SLATER (by request) asked, and by unanimous consent ob Committee on Pensions f The Chair hears no objection, and it is S() tained, leave to introduce a bill (S. No. 1762) granting aid to the Oc ordered. cidental and Oriental Railroad and Steamship Company ; which was COD.NT OF ELECTORAL VOTE. read t~ice by its title, and referred to the Committee on Railroads. Yr. MORGAN. I desire to give notice that on Thursday of this 3414 CONGRESSIONAL RECORD-SENATE. MA_y 17,
, week, at the conclusion of the morning business, I shall ask the Sen CLAIMS AGAINST THE DISTRICT. ate to take up and proceed with the consideration of the concurrent Mr. HARRIS. I understand that the Committee on Appropriations resolution proposing to adopt a joint rule for counting the votes of desire to ask the Senate this morning to proceed to the consideration electors of President and Vice-President which I reported on Friday of the Post-Office appropriation bill.. I wish, therefore, now to give from the Select Committee to take into consideration the state of the notice that immediately upon the conclusion of the consideration of law respecting the ascertainment and declaration of the result of the that bill I shall ask the Senate to proceed to the consideration of House elections of President and Vice-President of the United States. bill No. 2328, being a. bill to provide for the settlement of all outstand SOLDIERS' REUNION AT COLUMBUS, OHIO. ing claims against the District of Columbia, and conferring jurisdic tion on the Court of Claims to bear the same, and for other purposes. Mr. PENDLETON. I desire to ask that the Senate take up House There are a large numberof persons in the District of Columbia deeply . joint resolution No. 283 for present consideration. I think .it will interested in this matter, and it is a measure of importance, not only occupy th~ attention of the Senate but a moment. I move to proceed to those people directly interested but it is of importance to the to its consideration. authorities of the District of Columbia that this bill or some bill on The motion was agreed to; and the Senate, as in Committee of the the subject should pass at an early period. Whole, proceeded to consider the joint resolution (H. R. No. 283) authorizinrT the Secretary of War to furnish for use at the soldiers' RAILWAY MAIL SERVICE. and sailors'Y reunion at Columbus, Ohio, to be held in August, 1880, Mr. MAXEY. I am instructed by the Committee on Post-Offices certain artillery, tents, muskets, and blank cartridges. and Post-Roads to request the Senate to consider the bill (S. No.1209) The joint resolution was reported from the Committee on Military . to designate, classify, and fix the salaries of persons in the railway Affairs with amendments, in line 7, after the word "tents," to insert mail service, and I do it now because if this bill passes it will require "and; " in the same line, after the word "muskets," to strike out a modification of the Post-Office appropriation bill, which will imme s' and blank cartridges;" in line 8, after the word" spared," to insert diately come up. It will take but a few minutes to consider it. "without loss, detriment, or expense to the public service;" and in The PRESIDENT p1·0 tempore. The Senator from Texas moves that line 10, after the word "muskets," to insert "to be receipted for by the Senate proceed to the consideration of the bill na.med by him. solvent and responsible persons, and;" so as to make the resolution The motion was agreed to; and the Senate, as in Committee of the i:ead: Whole, proceeded to consider the bill, which provides that persons That the Secretary of War be, and is hereby, authorized to Rend, from some con in the railway mail service, known as railway post-office clerks, route venient Government arsenal, to be used at. the soldiers' and sailors' reunion at agents, local agents, and mail-route messengers, shall, on and after Columbus, Ohio, to be held on August 10, 11, and 12, 1 0, such artillery, tents, and the 1st of July, 1880, be designated as railway postaJ clerks, and muskets as can be conveniently spared without loss, detriment~ or expense to the public service; said cannon, tents, and muskets to be receipted for by solvent and divided into five classes, whose salaries shall not exceed. the follow responsible persons, and to be returned aft.er the holding of the reunion in as like ing rates per annum : :first class, $800 ; second class, $900; third class, good condition as when received. $1,000; fourth class, $1,200; anu fifth class, $1,400. The amendments were agreed to. The bill was reported from the Committee on Post-Offices and Post The joint resolution Fas reported to the Senate as amended, and the Roads with amendments. amendments were concurred in. The first amendment was, in line 8, after the word'' class," to in The amendments were ordered to be engrossed, and the joint reso sert "not exceeding;" so as to read "first class, not exceeding $800." lution to be read a third time. Mr. DAVIS, of West Virginia. I desire to ask the Senator from The joint resolution was read the third time, and passed. Tex.as whether or not this bill increases the salaries 7 The title was amended so as to read : "A joint resolution authoriz Mr. MAXEY. Not a dollar. ing the Secretary of War to furnish for use at the soldiers' and sailors' Mr. DAVIS, of West Virginia. What is the cause of the bill if it reunion at Columbus, Ohio, to be held in August, 1880, certain artil does not increase or change salaries f . iery, tents, and muskets." Mr. MAXEY. The Senate will observe by looking at page 5 of the post-office appropriation bill that these employes are now called DETAILS OF OFFICERS AS PROFESSORS. "railway post-office clerks," one class; another class'' route agents;" Mr. CAMERON, of Pennsylvania. I move that we proceed to con another class "mail-route messengers;" another class" local agents," , sider Sena.ta joint resolution No. 70, with reference to the appoint- and. another class "mail messengers." These perform like duties, and . ment of military men as professors at colleges. · if the amount appropriated for each one of these classes happens to The motion was agreed to; and the Senate, as in Committee of the be exhausted no portion of the appropriation allowed to other em Whole, resumed the consideration of the joint resolution (S. R. No. ployes of the same class can be used. 70) to increase the number of officers of the Army allowed to be de The purpose of this bill is to arrange them into five classes accord tailed as professors of military science at colleges and universities, ing to the present salaries and place them in the line oi promotion ; the pending question-being on the amendment reported from the Com so that if a man proves himself valuable in the lower class he can be mittee on Military Affairs, to strike out all after the resolving clause transferred to the next higher, and so on up, and to make that amount {)f the joint resolution and insert: of money which is appropriated for that character of service appli That for the purpose of promoting: knowledge of milita;ry science among the cable to the entire service. That is the whole of it. young men of the United States the President may, upon the application of- any Mr. DAVIS, of West Virginia. I know of nothing now against the -0ollep:e, university, or other insHtation of learning incorporated under the laws of promotion of these employes if the Postmaster-Genfil"al thinks it .any St.ate within the Unit.ed States, having ca.pa.city to educate at the ·sametime proper. . not less than .one hundred and fifty male students, detail an officer of the Army on the retired list to act as president, superintendent, or professor thereof: Prouided, Mr. MAXEY. But there is a great deal of trouble now. A railway 'iwwever, Such college, university, or other institution of learning incorporated as post-office clerk gets a certain salary, a route agent gets a certain lower aforesaid, to which such oflicer shall be so detailed, shall pay to him monthly dur salary; if a route agent performs the duty of a railway post-office ing the time he is so detailed and serves as such president, superintendent, or pro clerk, as he often does, he does not get the salary of the latter. This fessor thereof, a sum of money equal to the difi"er-ence between the retired monthly pay of such officer and the monthly pay he would receive if upon the active list of produces discontent. The bill has been carefully considered, and it is the Army in the irrade upon which he is retired: Provided, also, That officers of at the request of tp.e Post-Office Committee that I request the con -the .Army so detailed shall be governed by general rules prescribed from time to sider:o.Ltion of the bill with a view to having the money which is appro time by the President of the United States. priated, for railway post-office clerks to be used for that service. SEC. 2. The Secretary of War is authorized to issue, at his discretion, and under proper regulations to be prescribed by him, oat of any small.arms or pieces of field Mr. DAVIS, of West Virginia. There has been an effort on the artillery belonging to the Government, and which can be spared for that purpose, part of the Committee on Appropriations, as well aa on the part of such number of the same as may appear to be required for military instruction the Senate and House, for several years to try as far as possilJle to and practice by the students of any college, university, or other institution of report detailed appropriations, and not lump appropriations, not throw learning: aforesaid, to which any officer of the Army may be detailed under this act, for which the officer so detailed shall receipt and account in the maimer prescribed them int-0 a bunch. On that motion, you might, if you thought it by Army regulations when like property is issued for proper purposes. And the best to do so, just appropriate so many million dollars for the use of Secretary of War shall also require from the proper authorities of such institution the Post-Office Department and let the Postmaster-General use it. in .e:wh case a bond in double the value of the property for the care and safe-keep Mr. .MAXEY. I do not want to detain the Senate by reading the ing thereof, and for the return of the same when required. S.Ec. 3. All acts or parts of acts authorizing or permitting the detail of officers of report, but the report explains the whol~ matter; and by reference the Army on theact.ive list to act as :!?resident, superintendent, or professor of any to the report of the Postmaster-General it will be i:;een that he has college or university or other institution of learnin~, and all acts inconsist:.ent with recommended this as the best course, and the Committee on Post . .any of the provisi.ons of this act, are hereby repeated. Offices and Post-Roads, who ou~ht to know something about it, after Mr. MORRILL. I trust this measure will not be pushed this morn. the most mature consideration and amending the bill as they thought 1 mg. I desire to look at it. I am not sure whether it will not inter: right, have recommended its passage. · fere with existing regulations in relation to various colleges, and not Mr. DAVIS, of West Virginia. Neverthless, as I understand. from having had my attention drawn to it I ask the Senator from Penn the chairman of the Committee on Post-Offices and Post-Roads, this sylvania to let it go over until to-morrow morning, to be taken up makes a lump appropriation for all route agents and mail agents. It immediately after the conclusion of the morning business. ' will be noticed in the apprO]lriation bill that the items are sep~rate, Mr. CAMERON, of Pennsylvania. It will- lose its place. It has and that has worked well. I do not speak of this particular item; been up before, and I think I can explain it to the Senator. but that the practice of specific appropriations has worked well The PRESIDENT p1·0 tentpore. The Senator from Vermont moves through all the Departments. There has been a studied effort and to postpone the further consideration of the resolution until to-mor one that I think has been of advantage to the Departments of late, row. to separate as far as possible the different services and not lump them The mo.tion was agreed to. together. i880: CONGRESSIONAL RECORD-.SEN.A.TE. 3415
Mr. MAXEY. I have stated what appears to be the rea~on; that The Senator from Pennsylvania now moves that the Senate proceed is, that all th1s money is appropriated for a specific purpo~e; yon m:;i.y to the cornideration of the Post-Office appropriation bill. Is there ·call it route agent, railway postal clerks, or ":hat not; it is for rail objection f The Chair hears none. way mail service. · That is all. If you put m too much for one of POST-OFFICE APPROPRIATION BILL. these five branches and not enough for another, you cannot now The Senate, as in Committee of the Whole, proceeded to consider transfer from one to the other although it is all not for different serv the bill (H. R. No. 6036) making appropriations for the service of the 'ices but for the same service. The object of the committee was to Post-Office Department for the fiscal year ending June 30, 1881, and place it so that that work sh~ll run smoothly._ !Ve may no~ u!lder for other purposes. stand it as well as the Committee on Appropnat10ns, but this is our The Secretary proceeded to read the bill. Having read lines 53 to judgment. 56 in the following words: :Mr. DAVIS, of West Virginia. The Senator takes a wrong view For the purchase of card-canceling and post-marking machines, 6,000 ; and the of it. While the Post-Office Committee know a great deal, of course proper officers of the Post.Office Department may purchase such machines as in they do not know everything. I suppose a Senator has a right to their judgmE\nt may best alli!wer the purpose, IDake an inqniry and know what is being done, especially whe~ it af Mr. KIBKWOOD. I desire to offer air amendment at that point, fects the appropriations of the Gover-r1:m~nt, and largely ~sin this very but wish to consult the committee whether it is better to do it after jnstance. There are three or four million dollars, I believe, affected the bill has been gone through with, or now. by this one bill. It lumps three or four miµ_ions instead of h_aving Mr. WALLACE. We are reading the bill now without amendment. the items separated, as bas been thEI case m the Honse and m ~he I trust the Senate will allow the reading to go through. Senate, appropriating w ha~ is necessai:y for eac? branch of the ~erv1ce. Mr. KIRKWOOD. Very well. I think it bad better remam so, notw1thstandrng the Committee on The PRESIDING OFFICER, (Mr. EATON in the chair.) The amend .Post-Offices and Post-Roads think differently. Of course they have ment will be in order hereafter. a. riO'ht to know as much about what they are doing as any other com Mr. WALLACE. Mr. President, it is perhaps necessary that I mittee· nevertheless this matter comes especially be.fore the Appro should explain this bill. I shall do so as briefly and as concisely as priatiohs Committee. The same argument would require that the possible. whole of the legislative bill, the whole of the Post-Office bill, should The total amount appropriated by the bill before the Senate a.s be in a lump sum. amended by the Committee on Appropriations is $39,268,420. The The PRESIDENT pro tempore. The hour of half past one having amount of the bill as it passed the House was $38,76 ,420. The total arrived the Chair must call up the regular order, which is the reso amount of the appropriations for the fiscal year ending June 30, 1880, lutions 'relative to the seat of the sitting Senator from Louisiana, [Mr. was 37,736,400. This included the a{iditiona.l appropriations for let KELLOGG.] ter-carriers, which was in a separate act, 415,000, $1,100,000 appr~ Mr. DAVIS, of West Virginia. Just one word by unanimous con priated by the star-route deficiency bill, and $100,000 appropriated by sent. The Senator from Texas says in his seat that my object is ac- the same bill for new service therein, making the total, as I have • complished. I do not know what that object was except for the gen already stated, '37,736,400. The amount of the regular estimates eral good. If he has any other meaning by that, I think he is wrong. submitted by the Post-Office Department for the service for the com l\Ir. FERRY. I hope the time will be extended ip. order to pass this ing fiscal year was $39,921,900, and additional estimates were su.b bill. mitted amounting to $53,020, making the total estimates for 1881, The PRESIDENT pro tempore. It can only be done by unanimous $39,974,920. consent. The bill as reported by the Committee on Approoriations of the Mr. WALLACE. I move to postpone the pending and all other Senate is, therefore, $706,500 less than the sum estimated for by the Post orders for the purpose of taking up the Post-Office appropriation Office Department, and it is $1,532,020 more than the appropriations bill. made for postal service for the fiscal year 1880. The increase of the The PRESIDENT pro tempore. That motion seems to be in the nature bill by the Senate Committee on Appropriations over the bill as it of an objection. came from the House is $500,000. This amount is made up as follows: Mr. FERRY. Does the Senator from Pennsylvania object to the For inland mail transportation by railroads, $350,000; for inland mail passage of this bill Y transportation by steamboat routes, $50,000; for mail messengers, Mr. WALLACE. I want to go on with the Post-Office appropria $25,000 ; for mail locks and keys, $75,000 ; making the total increase tion Uill. $500,000; all of which additional items were asked for and insisted SENATOR FROM LOIDSIA.i.~A. upon by the Post-Office Department. The PRESIDENT pro tempore. The question is on the motion of The differences between the bill as reported to the Senate from the the Senat-Or from Pennsylvania, [Mr. WALLACE.] Committee on Appropriations and the bill passed for 1880 are as Mr. MORRILL. Does that include the Louisiana election case T follows: Mr. SAULSBURY. Mr. President- From the appropriations for 1880. Mr. WALLACE. I yield to the Senator irom Delaware. Mr. SAULSBURY. I desire to take the :floor on the regular order Object. Increase. Reduction. so that I may be able to submit some remarks after the post-office appropriation bill is passed upon. The PRESIDENT pro tempore. The Chair will recognize the Sena ~~~~:o~~~~s iii.tl ~~iuhti~~s-0£ i> has been appropriated out of othe; revenues in any ye~r-f~r s~veral dorsement of the service now in existence upon tbose routes both as reg_ards num- ber of trips and speed. If relet under that provision they would be retet as ~ow years back. The amount appropriated to supply deficiencies m the existing. The question at issue seems to be the a.mount now paill for this sel'Vlce. postal revenues last year was $5,457,376.10, and in the year previous It would seem that the House considered it e.xtra.-agant. . I affirm that it is not~ and $4,222,274.72. The r~venues. of the Post-Office Department are in that the question o~ expense has not bee!1 investigated by the Hot?-Se col!1~itt<:e creasing pari passii with the mcrease of the expenditures of the_De havina the matter m charge. And I behave that the result of this provision, if adopted will increase rather than diminish expenses and be disastrous t,o the postal partment. The revenues for the fiscal year 1877 were $27,531,58iJ.26. service in the Western States and Territories. It is not proba blo, for instance, that The revenues for the fiscal year 1878 were $29,277,516.95. The reve any reliable contractor will undertake to stock the long route from Fort Worth to· nues for the fiscal year 1879 were $30,041,9 2.86. The estimated rev Yuma. and carry the mails thereon for the short term of one ,;year and eight months enues of the Post-Office Department for the current fiscal year, 18 O, for the same rate of pay given under existing contrac . The same fact may safely be affirmed of each anc'i every important route affected by this provision. are $33,000,000. The estimated revenues of the Post-Office D~pai:t I believe the relettin er of this service in the manner indicated would be disastron s ment for the coming fiscal year, 1 81, are $3.5,000,000. By this bill to the postal service. Almost all the routes affected b.y this provisio_n a!e long ~d we have estimated them at 35,210,000. · expensive ones to operate, and to relet them commencmg at the begmmng of wm The first amendment made by the committee to this bill is a mere ter would almost certainly insure irregular and inetticient service if not an abso lute breakdown thereof. While at pre ent upon all the, e rout.es the service is -verbal one in line 1 , page 2, where we strike out t~e words ·u i?- efficiently and promptly performed and is a great credit to the Government as well. spectors of mails," and insert the words '~post-office ms~ectors," m as thoroughly satisfactory t,o the people, the new service commenced under the order to make the correction correspond with the succeedmg part of extraordinary circumstanceM of the peremptory annulment of old contracts by act of Congress could not and would not be nearly so efficient as the present service;. the section. for who would enter upon the performance of this service, expending large sums The PRESIDING OFFICER, (Mr. EATON in the chair.) Will the of money thereon, with the dread of another annulment hangrng over his head 'l' Senator have the amendments acted on now f The old contractor certainly would.not, and new contractors t,o uo it would certainly Mr. WALLACE. Not at present. I will go through with the!D; in have the organ of faith miraculously developed. detail first. There is in this bill as it came from the House a provIB1on In addition to all this mu t be ta.ken into consideration tho rights of contractors_ That the Department had the ri~ht to make these contracts and build up tho serv on page 4 which is at :first sight ~omewhat obs?ure. It repeals ser:tion ice thereon there is no doubt. '.rha.t the contract.ors have honestly sought to per 5 of the bill of last year. Section 5 of the bill of last year provided form the service desired by the Departme~t is shown b,Y the reC?rds ther~f; that- that they are extravagantly paid for the sern~ perf~rmed_l8 emphat_ically d_e~ed. The service is absolutely cheap as compared with prices hitherto paid for SlIIlilar The Postmaster-General shall deduct from the pay of the railroad companies, for service. To summarily annul contracts thus lawfully entered into would be a every failure to deliver a mail within its schedule time, not less than one-half of gross injustice ; and besides, if the contractor should refuse to accept the one the price of the trip, &c. month's extra pay to which he woulcl undoubtedly be enti!;led, he would unques · There was a compulsory duty placed upon the Postmaster-General tionably have an equitable, and I believe a legal, claim against the Government for· damaaes. The measure of damages in each case would be the actnalloss entailed, to fine the railway companies for non-deli very of mails. He already and tilis would probably far exceed the amount that would be saved by a reletting_ possessed the power to do it; he could do it,, but this made it ?C!ID under the most favorable conditions. pnlsory upon him. The House has repealed this compulsory proVISIOn Very respectfully, &c., and has left the law t9 stand as it was before. He may impose, but THOS. .r. BRA.DY, Second Assistant Postmaster-General .. · is not compelled to do so. The bill imposes a fine upon any railway Hon. w . .A.. WALLACE, company which refuses to provide railway post-office cars when re Ohairman Sub-Oommitt.ee on .Appropriations, United Stal.es Senate. quired by the Post;...Office Department. In case of such refueal or Mr. WALLA.CE. These contracts were let for four years. Nearly failure the company so refusing or failing is to have its pay reduced all of them have run from eighteen months to two years. By this. 10 per cent. All other cases of fine are left to stand as they were proviso there will be but about eighteen months of each of them to before section 5 of the bill of 1880 was passed. run from the time at which they are provided to be relet. All of The next provision in the bill that calls for attention is in the sam_e these contra-0ts on which the service has been expedited to an amount ection by which the committee has increased the amount appropri exceeding 50 per cent. of the original contract are annulled by this ated by the Hoose from $9,490,000 to $9,840,000forrailroad transporta proviso. Congress by this enactment assumes the power to annul tion. The Post-Office Department claimed that there would be a seventy contracts made for the four years after nearly one-half of deficiency made ~es.s .this amount w.a-s giv:en, an.d. the _com:riittee the term of each of them has expired, and after much work has been were unanimous m givmg to the service this addit10n of ~t>0,000. done and large sums of money expended by the contractors on the, .As the bill stand , it is still $160,000 less than the amount estlillated faith of their contracts thus entered into with the Government. The for by the Post-Office Department. first question that presented it elf to the committee wa , Can we do In lines 93 and 94 of the bill, the committee propose an increa e of this· have we a right to do it f The contract, of course, baa to be. -o 000 for transportation by steamboat routes. The amendment in cons~ted in settling this question. The contract provides as fol- cre:i.ses the amount from $850,000to $900,000. This is the amount esti lows: mated for and earnestly a-sked for by the Department. The commit .And it is hereby further stipulated and agreed by the said contractor and his tee unanimously recommend granting the additional $GO,OOO. sureties that the Postmaster-General may annul the contract for repeated failures ; The next alteration of the bill is in striking out the proviso from for violatini the postal laws; for disobeying the instructions of the Post-Office De line 96 down to and including line 105. This is the proviso in regard" partment; tor refusing to _di s_charii;e a carrier when re we have by forco of our sovereignty wrested these men's rights from "for inland transportation by steamboat. routes" from $850,000 to· them without justification or hearing. It is either damages in large $900,000. amounts, or a grievous wrong to a citizen who is not shown to have The amendment was agreed to. committed a fraud. The next arp.endment was, after the word " dollars," in line 96, to· The opinion of Mr. Attorney-General Taft was produced to·the co;n strike out the 'following proviso: · mittee as bearing on thls subject, and I ask the Secretary to read :it. P.rovided, That all star routes shall be relet, after thirty days' advertisement, a~ I send it to the desk. now provided by law, on the 1st day of October, 1880, on which the pay for expedi The Secretary read as follows : tion of schedule ordered during the fiscal years en.dint;? June 30, 1879, or June 30, D EPARTIIENT OF JUSTICE, 1880, shall exceed 50 per cent. of the contract price betore such expedition: Pro Washingt.on, D. C., Decembe1· 21, 1876. vided, That this proviso shall not prevail when the present contractor desires to continue the contract a.s reduoed, Sm: .A reply to yours of October 25, 18-;6, has been dela:ved by the pressure of litigated cases requiring constant and instant attention. You inquire whether or Mr. BECK. 1\Ir. President, before the vote is taken on striking out not the act of July 12, 1876, which directed theJ>ostmaster-General to make a.10 I desire to perfect the text by adding at the end of line 105 the fol-· per c~t. redubtion of the compensation of all railroad companies for carrying the mails. applies to those corporations with which the Postmaster.General had made lowing words: contracts for a term of years not yet elapsed. .And providedfwrther, That there shall be no decrease in the present number of In my opinion Congress did not intend it to have this· effect. The contracts, of trips nor in the expedition now existing on any of the routes above referred to in. which that with the Chicago and Northwestern Railway Company submitted by the reletting herein provided for. · you for inspection is a sample, were authorized by the law bi. force at the dates of their execution. They. bound both parties. A. breach of them by either would Mr. GARLAND. I submit that that amendment is not now in subject the delinquent to a claim for damages. The act of July 12, 1876, was ap. order. parently passed with a view to reduce the public expenses, but it would not have Mr. BECK. It is in order to perfect the text before a motion to· this effect if an equivalent to the reduction of pay, recoverable under the name of damages, with perhaps the expenses of litigation added. Therefore I concludo strike out is acted upon. tha-t the construction most consistent with justice and fair dealing is the true one, Mr. GARLAND. It seems to me the amendments 00: the committee• viz : that as to existing contracts the rate remains as stipulated in the agreement must first be voted on. during the time mentioned, but that-in those cases where no contract prevented Mr. BECK. I think it is in order to do this now. the reduction should be made. The Postmaster-General was directed to so reduce the compensation in every instance where he was at liberty with previously exist The PRESIDING OFFICER. The Chair is of opinion that if the· ing laws and contracts and upon any renewals of written agreement as from time original text is to be amended the time to amend it is now, and not. to time their terms expired. Every law is presumed to be prospective in its opera after it is stricken out. ation unless the contrary clearly aJ.>pears; and thus only can the act of July 12, 1876, Jl,fr. GARLAND. But this does not amend the original text; for be made to operate prospectively m the legal meaning of that word. Very respectfully, your obedient servant, if that does not stay there is no place for the amendment of the Sen .A.LPHO:NSO TAFT, ator from Ken tacky to rest. The question is whether this clause shall .Attorney·Gen~ .mony all these things w~re done. Walsh was called as a witne s Mr. WALLACE. The provision is as follows: before the committee of the House and this question put to him, with P_rO'IJ'ided, ~at the Postmaster-Genel"!l'l shall not h~~after have the power to ex the following answer: pedite the servi.ce under any contract either now eX18tin~ or hereafter given to a Question. As it seems that your affidavit was all the basis th" Department ever rate of pay exceeding 50 per cent. upon the contract as onginally let. hall upon which to predicate the increase to $136,000, why didn't:vt>u go on and make Mr. KIRKWOOD. Passed when f the sum $200,000 7 Didn't that seem just as easy as to make it · L36,000 1 Auswer. The trouble with me all along has been that I have dealt on a per cent. Mr.WALLA.CE. During this session. -all my life; if I had been in the mail service for some years I think the service on Mr. KIRKWOOD. Exactly so. that route would have been at that figure. I think that you would be investigating Mr. WALLACE, It relates to the future. '1'.ll.e now with that route at ~"200,000. Mr. KIRKWOOD. Exactly so; but the mischief which gentlemen He ha ...... - .1880. CONGRESSIONAL RECORD-SENATE. Each of those sections provides, not that the Postmaster-General Mr. GARLAND. Certainly. shall in all cases give compensation up to the point of the increase Mr. COCKRELL. Does not each contract expressly reserve the of stock and men, not that he shall pay for the increase of trips the right to abrogate it f last do1lar that was paid for the first trip when let, because roads may Mr. GARLAND. It does not reserve the right to Congress to do it. have been constructed, bridges built, stations established, wells dug, " Congress" is not mentioned in the contract. all the cost of establishing a route made in the first instance, and yet Mr. DAVIS, of West Virginia. The Department. in no solitary instance has this Department failed to double up, not Mr. GARLAND. I beg pardon. We shall see a.bout that. only regardless of all these things, but it has taken it upon the simple Mr. DAVIS, of West Virginia. On giving a month's extra pay. affidavit of the contractor himself, without investigation or without Mr. GARLAND. Not at all. ascertaining whether it wa-s a fair allowance or not. And then t he Mr. DAVIS, of West Virginia.. That bas been custom::i,ry. Depart ment come here and say through the distinguished gentlemen Mr. GARLAND. The terms and conditions of this contract are not of the Pest -Office Committee, ''It is the fault of Congress; you re in this law, and the law cannot touch it. Congress is now proceed quire us to pay this much." We do not. We said," You shall not ing to make a. new contract for these parties. When the contractor exceed that much; that is a maximum beyond which you shall not said in the stipulation with the Department that the Department -go;" and we have a right to expect from oar officials that they will might annul it or might modify it in a certain respect, that was one ~arefully investigate and see how much below that sum they ought thing, and for a very good rea-son that power was reserved under the to go. In no solitary instance have they ever gone below it that I law, and for a very good purpose. But the Post-Office Department am aTI"are of; certainly not in cases of increase of service, and if at is one branch of a general department, and Congress is one depart all, very little in cases of expedition. The route that I referred to, ment of itself. The contract did not say that Congress might come the McDonough route from Prescott to Santa Fe, seems to me such a in at any time and deviate from it or cause a deflection in it, whether plain, palpable case that I should be willing to lose something to for the loss or for the gain of the contractor. There is where the break up that condition of things. Senator from Missouri is mistaken. He is confounding the power I have said all the time that I do not blame the contractors. There delegated under the law and in the contract to the Post-Office Depart can be no fraudulent contractor without a fraudulent Government ment with an assumed.power that Congress may undertake to exercise When we made an obligation on the part of the Government, whether impair the obligation by an act of Congress of solemn contracts in it was wisely made or unwisely, if it wa-s honestly made, we must full force, lawfully made, and that, too, ·where the overwhelming stand to that obligation. Now, one single case is singled out by the majority of contractors are not even charged with being overpaid or Senator from Kentucky, who says tha,t is on its face a fraudulent claim. in any wise in default. I do not know anything about it, but I know that there is a great Mr. President, I never learned the .Constitution of the United States number of other cases somewhat similar that I do believe and that that way, and I trust that I will never learn the theory that Congress I do know almost to be honest. But if that is not honest, there is a can impair the obligation of a contract. Ours is a Constitution of .way to atta-0k that contract; there is an opportunity for the Govern- delegated powers. of grant, and grant only, delegating to the Federal . ment to be heard. The Government can take such steps to annul that Government the precise and exact powers set forth on the face of the contract as it sees fit, and can annul it if it can be shown that there instrument, and reserving to the States and to the people respect was a .fraud practiced on the Government by the contractor. But ively the remaining powers. To show how emphatically the conven must all these innocent contractors who have rendered and are ren tion and the States felt in respect to contracts they incorporated into dering rnluable service to the Government be injured and their rights the Constitution a clause which prohibited any State from passing be put in jeopardy and destroyed because there may be some contracts an ex post facto law or a law impairing the obligation of a contract, which have been made that may have been disbonestT Admit now and did not grant such power to Congress. Hence it is impossible that that one contract was a fraud on the Government; admit that either for the State government or the Federal Government, and there was a steal, as Senators are in the habit of saying, in that trans wisely, too, to constitutionally impair the obligation of a contract. action; how does it affect other contracts in which there was no steal The State in which I live doubted whether these two expressions, at all T "ex post facto law," "or law impairing the obligation of contracts," There has been expedited service in Colorado; there have been in were sufficient to cover the whole ground, and incorporated in the creased trips in Colorado. I have yet to hear the first man in Colo constitution a clause which prohibits the passage of an ex post facto rado or out of Colorado even suO'gest that there have been any im law, a retroactive law, or a law impairing the obligation of a con proper practices in reference to those contracts, and I do not think it tract. is right to strike down the service in Colorado because in the Indian Sir, if this proviso does not impair the obligation of contracts Territory possibly there was some lack of discretion or even fraud. without cause, without laches, without fraud, .without failure in any When I came into the Senate the mail was being carried from the respect upon the part of these contractors, I have never known a con capital of the State that I in part represent to the city of Leadville, tract impaired. It is no answer to say that in a few isolated cases the then an obscure mining camp, once a week. I think it was carried price paid is too much. In the vast majority of cases this is not pre by contract on horseback ; certainly there was no vehicle nmning in tended, yet all fall alike by this proviso. Is there justice, equity, fair there at that time, I am quite confident. A few months and there dealing in saying because two or three contracts may possibly have grew up in that mountain valley a large and thrifty population, re been let out too high, and there is no proof even of thatr and fraud is quiring not simply one horse. to carry the mail; but very many inter in no sense proven, therefore the entire establishment of the great star ests demanding immediate connection not only with the capital of route service west of the Mississippi River shall be stricken down t the State but with all other parts of the country. Under an author That would be strange reasoning. Because a few are charged with ity and discretion exercised since the foundatfon of the Government getting too much, therefore all alleged guilty as well as admitted in by the Post-Office Department they increased the trips and expedited nocent men must go down together by the same blow. But the the service. When th.a town grew a little they expedited it some, whole of this proceeding goes upon the theory· that somewhere and t hey increatied the trips to tri-weekly. Now, suppose when the trips somehow between the Post-Office Department and the contractors Lad be'3n increased and the expedition had been increased somewhat there have been fraud, villainy, corruption. As was stated by the they bad attempted to increase them further under the present law Senator from Colorado, I am not interested in the contractors. I am allowing 50 ,per cent., they could have increased the service but par interested in upholding and maintaining the star service west of the tially.; a daily mail could not have been famished. The trip could Mississippi River, and especially so in ruy own State, and the proviso not have ·been made from the ca_pital in twelve hours as it is now. of the House strikes it down. Has fraud been established in any of This authority was a wise one vested in the Post-Office Depart-· the methods known to the law i If yea, I will join heartily in hunt ment. It ·belongs there; it ought to be left there. And if there is ing it down. Have they proceeded by impeachment to impeach the any abuse we have a constitutional method of attacking the parties officers of the Post-Office Department necessarily parties to this al who are guilty of the abuse. If the Postmaster-General or any sub leged fraud, if there be fraud, for high crimes ·and misdemeanors f -Ordinate is guilty of misconduct there is a way to reach him; not by Have they proceeded in courts of justice to set aside these contracts attacking the contractors who have made contracts in good faith ac on the ground of fraud f Have they pursued any of the remedies cording to law, but go after them by impeachment or by indictment known to the law in the event it be true, as is insinuated, that certain -0r by some method and bring the matter properly before the courts. contracts were fraudaJently obtained T It is the bounden duty of the This is the most unsafe place in the world to determine whether House of Representatives, which under the Constitution has the sole these contracts have been fairly and honestly made or whether they power of impeachment of the President, Vice-President, and all civil .have been dishonestly made. officers of the United States, to impeach any civil officer, whether of · I do not speak in the interest of any contractor. I speak simply the Post-Office Department or any other Department, guilty of bribery rin the interest of the public service in the West. I speak in the in or other high crimes and misdemeanors connected with this service ; terest of the men who are going into the new sections of country and if this be done, the Senate, which under the Constitution has and who demand this expedited service, and who have a right to the sole power to try all impeachments, will surely discharge its high .demand it. I speak for the citizens of New York, Ohio, and Penn duty. The fact that the House, which must be presumed to have •Sylvania., and other States, that are pouring into the West, into Col done its duty, has not sent articles of impeachment here, OUO'ht0 to .orado, Utah, .Montana, Arizona, and New Mexico. They are the peo stop charges until they come in the legal and orderly manner. ,ple who. demand this expedited service, and they have a right to it, Mr. President, I never was in favor of Jedwood law, "hanging a . and anything t.hat cripples the service or cripples the contractors is man first and trying him at leisure." It doubtless suited the Doug . an injury to .them. las, but never did have and it never will have a place in the hearts I think, therefore, that.this provision. inserted in the House for the of the American pe.ople. I remember that one of England's grand ·reletting of these contracts should not be adopted by the Senate. orators on a great occasion when he was prosecuting, and when it Mr. MAXEY. Mr. President, I shall not occupy the attention of wa-s to his interest if he could fairly do so to avoid the force and ef the Senate in a discussion of the great importance of the star-route fect of the great doctrine of the English law, said that the party ac service to tbe people west of the Mississippi River, because that I did cused must have his guilt established by legal evidence. I remember -on a former occasion during this session; but I desire to answer a few that he in the House of Lords admitted and proclaimed the doctrine of the positions taken by the Senator from Kentucky [Mr. BECK] in of the British constitution although it was against his case: support of 1his -amendment, and incidentally of much of the House It is the glory of the constitution under which we live that no man can be pun proYiso. He charges, as I understood him, that o·n two or three routes ished without guilt, and this guilt must be publicly demonstrated by a series of exorbitant contracts had been entered into to the injury of the Gov- clear , legal, manifest; evidenoo- .ernment. Therefore he supports a proviso that strikes down every Strong words- contract where the service has been expedited. When one, two, three, so that nothing dark, nothing insidious, shall work to the detriment of the sub or four isolated cases may be found against which he levels attack, ject. It is not the peering suspicion of apprehended guilt. * * * No. In this good land, as high as it is happy, because as just as it is free, all is definite, equi for that reason, so far as we can judge by his remarks, he strikes at table, and exact. The laws must be satisfied before they are incurred ; and ere a every one.of the routes which have been expedited. He concedes in hair of the head can be plucked to the ground, "legal gitilt must be established by response to the Senator from Pennsylvania [Mr. WALLACE] that the legal proof. larger portion of them (fifty-nine I believe was stated) were correctly Never was the British com1titution on that grand subject more expedited, that the service was necessary, and that the contract price clearly stated than it was stated by Richard Brinsley Sheridan in -was not too large, and that the contractors are faithfully doing their that great case, the impeachment of Warren Hastings. The precise duty. If such be the case, and there can be no doubt of ·that, for doctrine of the British constitution is incorporated in our Federal it is conceded all round, except as to the isolated cases named, then Constitution and in every State constitution, and yet what is pro the argument of the Senator from Kentucky is clearly a ?ion sequitm-. posed f The Congress of the United States, without color of legal· Atcording to his theory, he strikes at the just along with those· he authority, without color of constitutional authority, are called upon ..charges to be unjust. He proposes to strike down by law men who here to say that Congress has power to impair the obligation of a con are conceded to be doing their duty in order to reach others whose tract lawfully made, lawfully entered into, and where there ha.s .contracts he thinks are exorbitant; and in doing that he proposes to lJeen no laches on the part of the contractor proven, and in the ~reat . 3422 CONGRESSIONAL RECORD-SENATE. MAY 11; majority of cases not even insinuated, but on the contrary the admis I live and all the country in the extreme Western States lJ>nd Terri..:. sion clearly made tha.t the contracts are reasonable, and that they tories. It is for that reason that I am so earnest. It hurts the peo are being faithfully executed. ple who sent me here, and who should not be made a vicarious offering Sir, for the five years which I have been in the Senate I have heard for anybody. Upon the proposition as stated by the Senator from the Senate Chamber ring with the doctrine that he who would strike Arkansa-s, although my acquaintance with these contractors extends. down the plighted faith of this Government was no true friend to to a few only, and they w:ith contracts in Texas, I believe in the eter his country. I fully accord with that sentiment. My section of the nal principles of justice and right; I believe in paying these men the country, having no special interest in the payment of the great na sums to which they are entitled, aa I would pay ·your bloated bond tional debt, having no creditors of the Government among us, it be holder. I would pay them, because they hold the obligation of the ing a debt contracted not for our special benefit, yet upon the floor Government, and the plighted faith of this Government is to pay that of the Senate Chamber southern Sena.tors, governed by that high sense obligation. I hold that contract to be as much an obligation for this of honor and of propriety and of right and of justice characteristic ·Government to stand to its very terms as I hold the bonds locked up of them, and believing that it was our duty fairly and honorably to in the safe of one of your. great banks in the city of New York. It stand by the plighted faith.of this Government, have done so upon is common honesty and common justice to do it. - every occasion. Yet is it not true that a great many men here, includ Mr. President, when yon come down to test the argument of the ing many of us who thus voted, andagreatmanymen beyond the walls honorable Senator from Kentucky, he himself is not willing to stand of the Senate Chamber believe that this debt represents now untold by it. He evidently made his statements with reluctance, because, millions of dollars for which the United States Government never when reminded, he said in answer to the Senator from Pennsylvania. received one farthing of consideration, that that debt was contracted [Mr. WALLACE] there were but few comparatively of these contract to be paid in a depreciated paper, and by the operations of congress ors against whom any complaint had ever been made, and in the ional enactments that debt originally paya.ule in paper has been great body of them the contracts were fair and. right, and the con- passed ~nto a coin debt, both principal anu interest! It being to-day tractors were standing up to their duty. law that these bonds are thus payu.ble and these bonds being by law Iu his general sweep the Senator from Kentucky strikes at the transferable by delivery and in the hands of parties holding them in Post-Office Committee. By looking at the speech he made, and from· good faith for value and being transferable by deli very, as stated, and which he was reading this morning, it appears that he had asked the standing behind them these solemn acts of Congress declaring that same question: Why the Post-Office Committee had not taken this both principal and interest of the bonds shall be pa.id in coin, we have matter up f I replied to him then as I do to-tlay (because it was a. not felt that we could honorably repudiate the debt or withhold pay mere repetition of what he said before) that on the 16th of Decem ment. Would the Senate violate the plighted faith of this Govern ber, lSW, during the present session of Congress, the Post-Office Com~ ment and fail and refuse to pay those bonds according to their terms ¥ mittee of the House llad reported a proper bill with respect to the Yet gentlemen come forward here and tell me that I have the con expedition of service and the increase of the number of t1·ips on stitutional power to strike down a solemn contract lawfully made, routes, and there was no need ;for duplicating that measure in the lawfully entered into, and which contract the party is faithfully car Senate. I answer further that the law which we passed here on the rying out, and which is in every sense as inviolable in honor, in con 7th of April, 1880, to provide for a deficiency in the appropriations. stitutional law, and good morals as the bonds about which so many for: the transportation of the mails on star routes, &c., distinctly homilies have been preached. makes a provision, for which I voted aRd which fully meets my ap But it is said that the Postmaster-General has by the terms of that probation, with this proviso in it, namely : contract the right to set aside and annul the contra.ct in certain con That the Postmaster-General shall not hereafter have the power to expedite the· tingencies. It was well said by the Senator from Arkansas that as a service under any C!)ntract either now existing or hereafter given to a rate of pay man binds himself so shall he be bound. The very terms of that con exceeding 50 per cent. upon the contract as originally let. tract control it. In all the cases wherein the Postmaster-General has At that time we advanced no further than our constitutional and the right to set aside and annul a contract the reasons therefor are legal rights. We made a law operating as the very word "la.w '1 set forth on the face of the bond; but did the Government anywhere means, as a rule of civil conduct prescribed by the supreme power in in that law or elsewhere reserve to itself the right, and does the con the State. · tract say so, that the Congress of the United States will have the We had not then learned that Congress can pass a retroactive law power without cause to strike down the contrad before the time has and set aside a solemn contract, binding on both parties and made on. expired! · behalf the Government by its agent thereunto lawfully authorized. The Postmaster-General is an officer of the Government, yet in I have not learned it yet, and I do not think the Senator has. Bat. making contracts with citizens it is his bounden duty to deal lawfully the world moves. and honorably by both Government and citizen. The law bas vested I ask you when you make a law which retroacts, if that is a law him with certain discretionary power, and so long as that law is in according to the spirit and definition of a law which requires that it force it is not in the power of any department of the Government should be prescribed, written beforehand, and not be printed either in to annul a contract by him lawfully made, fairly and in good faith, such small type that the citizens cannot read it, as was done over and which is being fairly executed. two thousand years ago in Rome Y Sir, the rule must be prescribed What will be the effect of this, Mr. President, as an economic meas~ for all men, because the law in force at the time and place when and ure, and that is the point chiefly relied on to abrogate the contracts T where a contract is made enters into and constitutes a part of that And, mark you, it is proposed to strike at all alike, the just as well contract. ~ as those insinuated but not charged as unfair. Whenever you have The Postmaster-General having a right to expedite this service, the convinced contractors, moneyed men, that the Government of the contractors who made that contract made it in view of the law as United States will exercise toward its contractors Punic faith, then it then existed. The law was then in force and the contract for ex yon will ha-ve the amount of every contract largely increased, to put pedition was in strict compliance with the law of the land. If the on in the nature of an insurance a sum sufficient to pay for the doubt United States Government appointed a Postmaster-General who.did ful character of the Government with which they art3 de~ling, just not exercise that discretion wisely (which seems to be now at last as a banker shaves doubtful paper enough to cover the risk and in the only point sought to be made) I ask if it was made in good faith surance. So, whenever the people of this country believe that this and did not these contractors put their money in eontracts, and I ask Government does not recognize its plighted faith and would back out if they ~re to be bound by the mistake of the Government, if mistak& of a contract made by its own chosen agent upon a mere hue and cry, was made, in selecting an officer whose discretion was not up to the then tbosewho have the money to invest in contracts will put a price mark which some gentlemen here seem to put for an officer having on sufficient to pay them for all the trouble and risk they incur. discretiona.ry power Y The power existed by law and the contracts Again, when you come to count, as was stated by the Senator from were made bylaw. They are in full force. · They haveyettwoyears Pennsylvania, [Mr.WALLACE,] the one month's extra pay, where is to run. I say that no man in my jud(J'ment who has clearly studied your money saved T Mr. . President, good faith is of the very essence the question of the impairing of the obligation of a contract can say of every contract. The Government of the United States cannot that this would not ouly be impairing the obligation of a contract but afford to have even the appearance of repudiating its solemn con it would be breaking the plighted faith of this Government. It tracts, for as to the great majority of these contracts, admitted to be would be Punic faith toward a portion of the citizens of this country fair, what is it but repudiation Y who have invested their money upon the faith of the Government's But again, as I said before, and now repeat, because of all this num word. ber there may be one or two or thrne whose contracts may cover too When did you learn, and out of what book, that if yon made an much, is that a reason to strike down all alike ¥ Shall the Congress improvident contract, without fraud or deceit on the part of the other of t.he United States act like blind Samson and gather the pillars of party, that you could go into court and get relieved of your bad bar the temple to destroy itself, friend and fo13 alike f Is that reason f gain Y Yet it is gravely proposed to beat that by making a retroact Is it wise-is it just 'l Is it not better, if there be any wrong, fraud, or ive law to fit the case. complicity, to let the guilt of the conspirators be establU!hed by legal I have said, l\fr. President, all that I care to say upon this subject. evidence and bring them to the bar of justice f If fraud has been The action of the committee, in my jndgment, was eminently wise. perpetrated, ferret out that fraud in the mode and manner prescribed It leaves, as it now stands, .the clause in the usual form: by the law. I will gladly help you; but do not let us, upon a mere as For inland transportation by star routes, 7,375,000. sertion unsustained by proof, strike at a system that is aiding us That is all there is of it, and that is all there ought to be of it. It greatly toward building up that magnificent country west of the Mis leaves it stripped of all provisos based upon innuendoes. \Vhen gen sissippi River. · tlemen making these assertions have been called upon to make a The effect of the proviso is to materiaUy injure the country in which strong ~nd positive charge they have failed to do it. Sir, there is a 1880. CONGRESSIONAL RECORD-SENATE. 3423 legal way of establishing a charge. The poorest man in this land, Mr. KERNAN. . I am going to come right to that matter, because before he can be brought into a criminal court, bas a right by the I have views on that subject. Constitution to have some man to swear that he is guilty before he Mr. TELLER. I wa.nt to ask the Senator-- can be brought in by presentment or indictment and put upon his Mr. KERNAN. Let me answer OM ata time. I had no idea there- ' plea. He must be brought in in one or the other form, and that not were 1:10 many gentlemen in defense of the position I am combating. upon assertion but upon oath, and then his guilt must be established If my agent has made a contract, without, I will say now, reserving, by legal evidence, and all the presumptions are in favor of him until a discretion to break it, and I should become honestly satisfied that his guilt is thus established. Yet here upon mere insinuation we are he had colluded with the other contracting party to wrong me, I called upon to revolutionize the entire system of the star postal serv would sa.y to the other contracting party, "Now, my friend, I think ice to the hurt of the people upon vague, unproved charges, in viola this contract was ma-Oe by my agent corruptly and not acting for my tion not only of the splendid body of the common law which we in benefit, and as you have a perfect remedy at law I will discontinue herited, but in direct violation of that glorious Const itution under it, and I will pay damages such as the court may award." · which we li'"'e, and in violation of all the precedents and traditions Mr. CARPENTER. Does not the Senator see the distinction be of this matchless Union of free and independent States. tween that case and this 't In that case there would be a remedy at Mr. KERNAN. Mr. President, I am a good deal surprised at the law, but in this case there is none whatever. We just strangle the fervor first of my friend from the West and then of my friend from man without a hearing. the Southwest, as though I had attacked'. this amendment when I had Mr. KERNAN. I will come to that. You asked me a.bout it indi not said anything about the amendment or the bill. I did dissent vidually and I put the case of an.individual, a perfectly honest man, from a proposition of law laid down by my friend from Arkansas; having an agent who, as he believes, has been colluding wit4 the that was all, and I still think I was right. Now what is this contract 't other side. If in any way he had been colluding, and if I became. This article of contract made the - day of March, 1880, between the United suspicious of that, I would say, being an individua.l, "Mr. Contractor,. States of America, (acting in this behalf by the Postmaster-General,) &c. I am of this opinion; I discontinue the contract; sue me j I will de fend ; if it was made honestly by my agent I will pay, and if it was In that contract- not I will beat you." It is hereby stipulated and agreed by the said contractor and his sureties Mr. TELLER. I should like to ask the Senator, if these contracts.. That is the other side- were made corruptly between the officials and the contractors, has not the Government a method by which that question can be decided That the Postmaster-General may discontinue- and the contracts put an end to, by the judiciary 't For so and so, in bis discretion. Mr. KERNAN. There must be somewhere outside great suspicion Mr. KIRKWOOD. Read it all. that the contracts were fraudulent. I have not said a word about it,_ Mr. KERNAN. I will read the whole clause. but I will answer the question. I have not said that it was fraudu- It is hereby stipulated and agreed by the said contractor and his eureties that the lent. Postmaster-General may discontinue or extend this contract, change the schedule Mr. TELLER. Is not that the law T and termini of the route, and alter, increase, decrease, or extend the service, in ac- Mr. KERNAN. I will tell you. I say the Government must give cordance with law, he allowing a pro rata increase of compensation for any ad di- th d If b k th" t t h t tional service thereby required, or for increased speed, if the employment of a Now, what did the Department do here T They said they could not 1\Ir. KIRKWOOD. When a larger sum was paid they ought cer -deal with Mr. Walsh. I do not know why they could not have the tainly to show an increase in the amount of the service. .sub-contractor obligated somehow or other. McDonough was de Mr. KERNAN. Suppose there has been an increase; suppose it ·clare9. to be a failing contractor; he was got out of the way. Why was once a week the first time and then once a day, this increase of did they not offer him and his sureties the chance to carry out the pay would be a great deal more than seven to one. ·Contract at 74,000 increase Y They would not allow him to do it. Mr. KIRKWOOD. It may be. · Mr. TEL LER. The sub-contractor had failed to carry the mail at Mr. KERNAN. Far over, $50,000 over, but I do not know how that. . much they increased it. Mr. KERNAN. But they would not let him; at least they held it Mr. KIRKWOOD. Will the Senator indulge me a little longer, as ·forfeited, and they did not let the men whose sureties were liable, I am compelled to leav.e t they did not let the sureties have it at that price; bot they forfeited ltlr. KERNAN. Yes, sir. it, and then they awarded it to whom 1 They awarded it then to Mr. Mr. KIRKWOOD. I wish to have printed an amendment that I Walsh for $18,500, the very sub-contractor. desire to offer to the bill to-morrow, if it shall be before the Senate Mr. TELLER. I should like- - to-morrow. Mr. KERNAN. Wait a moment. That looks strange to me. Mr. DAVIS, of West Virginia. We hope to have the bill passed Mr. TELLER. It does. to-day. Mr. KERNAN. It does to anybody. lilr. KIRKWOOD. I cannot remain; I must go away. I ask per Mr. TELLER. That is one side of it. mission of the Senate, then, to offer the amendment. Mr. KERNAN. It may be one side of it, and I am not saying any The PRESIDING OFFICE.U, (Mr. FERRY in the chair.) The amend more. You observe that all I have said is if this was true, as one ment is not in order at the present time, but the Senator can send it mast j adge from reading the evidence, I would think there was some to the Chair and it will lie on the table until it is in order to be pre thing wrong about the contract. I am not going to attack gentle sented. men who are not here about their contracts at all. Mr. KERNAN. Gentlemen have asked, would you convict a con What happened next Y The other letting was made at $5,500 more tractor unheard t I would not ; but if there was reason for Congress than McDonough had, he having been the original bidder and Wa1sh, to think that there had been collusion and fraud, we might very well it seems, the second bidder below. He was the man who caused direct the contract to be discontinued. the failure at $74,000 added to the $13,000. As soon as he got it they Mr. 1\fAXEY. I willsaytotheSenator fromNewYorkthat it seems declared that the route had to be expedited and they added $64,000 · to me he loses sight all the time of the fact that if he sustains the pro to the $74,000, and he is running it at $136,975. This may be all ex viso he does convict men unheard who were declared by the Appropri plainable. ations Committee to be without offense. Mr. TELLER. I think the Senator ought to permit me a question Mr. KERNAN. Will my friend not 'wait until I get to the proviso Y there. Mr. :MAXEY. I have not been able to find out exactly where the Mr.IKERNAN. Now I will. Senator stood. Mr. TELLER. Was not that contract let, was it not advertised T Mr. KERNAN. I rose to discuss the question of law which was Does it not appear that Walsh was a lower bidder than the original Y started, and I thought it was not clear. Mr. KERNAN. As I understand it was let to him as being one who Mr. MAXEY. I do not think the Senator has been clear about any underbid McDonough, the original bidder. Is not that so Y part.of it. Mr. TELLER. Perhaps so. Mr. KERNAN. I guess my friend has a strong suspicion that I be Mr. KERNAN. Perhaps ii; was a reletting; that does not appear. lieve Congress can direct the Postmaster-General t terminate this Mr. TELLER. Would the Senator think when a man was a fail- contract under the clause-- ·ing contractor, whether he had sublet it or otherwise, that he should }.fr. :MAXEY. Does the Senator believe that Congress has the con be allowed to bid again and that the Department should increase his stitutional power to set aside a contract T payf Mr. KERN.AN. No, sir, I do not, unle s they have reserved the Mr. KERNAN. I will answer. They let it at $18,500 to Mr. Walsh, right to do it; but when it is not reserved you cannot say the Post who had failed when they were giving him 74,000. They did not master-General must do it; you merely must be sued and take the hesitate to do that. They had thrown it up. Then they increased it consequences. That is the position I take. That is plain enough l>y $64,000 more. That. looks suspicious. and clear enough. I never said that I would have an act of Congress Mr. KIRKWOOD. Will the Senn.tor allow me to interrupt him¥ passed to break a contract where there was no fault. Mr. KERNAN. Certainly. Mr. MAXEY. Bot the contract the Senator refers to goes on and Mr. KIRKWOOD. When the Senator has given the amounts in points out the kind and character of cases by virtue of which the money to which this contract was increased, would it not be fair, I contract may be set aside, and yon are limited according to the con . ask him, to state what increase there was in the service, if he knows! struction of law to something coming within the cases specified . Mr. KERNAN. I do not know. Mr. KERNAN. I read that whole clause, and the Senator can speak ltlr. KIRKWOOD. It seems to me that that is most extraordinary. for himself when he takes the floor. ltlr. KERNAN. I have made no charge. I have simply said upon Now, a little further. It is said here that you can impeach a man this evidence the Postmaster-General said the increase is put to if the Government believes that this contractor and its officers have .$64,000. How did he do it: corruptly colluded. They should end the contract and give the par Question. Did you have anything on which to predicate your action in allowing ties a. right to sue and defend themselves, and if there was any such that 78, 700 additional pa,y except Mr. Walsh's own statement~ fraud the contractor could not recover at all. The court would beat Answer. His swmn statement. . · if Q. ·was that the only information that you had on which to predicate that him a they would allow me to succeed in defending I should show . action i that my agent was unfaithful and colluding. A. That and the fact that we had sought to have the service performed at a less Mr. MAXEY. I will state to the Senator that under a government rate before and failed in it. divided into legislative, executive, and judicial departments it seems Understand me; I am not attacking these men; I do not know to me when one department is specially invested with the power to .anything .about them, but I am pressed here, and this speech happen investigate whether a contract was fraudulent or not we are trench ing to light before me which I ha .... 1880. CONGRESSIONAL RECORD..L-SENATE. 3425: Mr. KERNAN. I do not want to yield the floor. What is the ques- mendable alacrity. Suppose there should come a state of things in tion f · this Chamber when a majority thought our public debt was con Mr. GARLAND. Now, ought not the contractor, this one of sev tracted fraudulently, that the Secretary of the Treasury had been in enty, Mr. Fritz or Mr. Dusenbury, whoever he is, be notified of the collusion with the purchasers of bonds and corruptly had acted, why, fraud alleged against him and have a day in court, and not be con says the Senator from New r ork, we may terminate the contract and victed on a speech made by the Senator from Kentucky two or three leave the bondholders to such remedy as they can get in the courts, weeks ago'l · · and when they get to that point they must consult us on that subject, Mr. MAXEY. .And be confronted with the witnesses against him 'l and we will give them a retnedy or not just as we plea8e ! Apart Mr. KERNAN. Before he is indicted and punished he ought to be from the ethics of the thing, look at the fact. heard; but I think where he is a witness on investigation, and the Mr. MAXEY. Right there let me ask the Senator a question. It principal comes to the conclusion that there has been fraud between occurs to me that the argument he refers to is inconsequential. The its agent and him, it may annul the contract without arguing the Senator from New York says that Congress has power to annul the question with him. contract and then send the contractor to the courts to get damages .Mr. GARLAND. What difference would it make if he had been if it was not annulled legally. Now, where do the damages come from! guilty of fraud~ Mr. CARPENTER. I am not discussing that question. I have not Mr. KERNAN. Let him have his remedy in court; but I did not got as far as that yet. I was saying that we had no right to repu rise to say how many of these contracts were fraudulent; I rose to diate a contract and not give the party a remedy in the Court of say what I thought about this question of law, the right to annul Claims. under the contract, and the right under circumstances to annul a Mr. MAXEY. I will state to the Senator that the argument of the contract where there was no power reserved, saying that we do it Senator from New York led to that inevitably. · because our agent has been fraudulent; "we give you a right to sue; Mr. KERNAN. I said I thought under this provision we could an and if we are wrong we shall have to pay, and if he acted fraudu nul it without giving a remedy where we had reserved a right to lently we shall beat you." The House of Representatives have put annul. I said, secondly, when some one· put the question, that when this provision in the bill, and while I am not their champion here I the Government became satisfied that there was fraud on the part of do not think it is proper to denounce them as acting as repudiators. its agent it then might say to the contractor, "We annul this con I think they put it in because they think there is some reason for it, tract, and we give you an opportunity to sue us in the court.a." Those as there has been a great deal of talk about reason since I have been were the two positions I took. ·here, in which I took no part. That is all I wish to say ; and there Mr. CARPENTER. Mr. President, I have for many years wondered fore I yield the :floor. that· any man out of a lunatic asylum would make a contract with Mr. CARPENTER. Mr. President, there is no provision in the the United States upon any subject whatever. He certainly subjects Constitution of the United States declaring in words that Congress himself, his fortunes, all he has and all he hopes to get in this world, may not pass a law impairing the obligation of a contract. There is to the will and pleasure of Congress, or to the arbitrary will and pleas such an inhibition placed upon the States. After what I have heard ure, or to the hatred and malice of an executive officer in one of these in the last few days about the Senate of the United States being a Departments. If the doctrine is to be carried still further, that he law unt o itself, and especially since the decision .of the Supreme cannot make a contract by which he shall reserve and secure to him Court holding valid and constitutional the bill which was called the self the right to have an honest discretion of some particular officer Thurman bill, which dealt with an existing contract between the exercised upon the subject, but that Congress may come in ·and exer United States and a corporation so as to totally change its provisions, cise that discretion in place of the officer, and, if yon please, against laying new burdens and hardships upon the corporation, I am not the judgment of the officer, then it will be still more remarkable if prepared to say as a lawyer that Congress may not pass a law impair anybody will ever contract for carrying the mails hereafter. A. T. ing the obligation of a contract. Stewart, of New York, once told a gentleman, who repeated it to me, l\Ir. TELLER. Did not the Supreme Court say that the Thurman that in consequence of the delays and nonsense that attended the col bill did not impair the obligation of a contract. Did not they escape lection of ordinary bills for dry goods for the White Honse, when sold it in that way T to the United States of America, he made it a :fixed practice, and had Mr. CARPENTER. Everybody knows it did, and they held it to be for years, to add 20 per cent. to the bill above what he charged to valid and constitutional. any private citizen, to cover .the expe~e and delay and trouble of Mr. TELLER. I thought it did, but they thought it did not. collecting the debt through the Departments, and pass the red tape Mr. CARPENTER. I am talking about the fact. · that the Government has tied around it. Mr. HOAR. The Senator from Wjsconsin, when he says "every- This thing must inevitably react upon us. Men will not enter into body knowsjt did," excludes the Supreme Court of the United States contracts unless they can protect their rights as well as we protect and the Senate of the United States T ours. If they are subject to our power and we will exercise that power Mr. CARPENTER. I am speaking entirely to the Senate. Of without a hearing on their part, then they have no security whatever, course if I was-- they are at our mercy. I protest against it. I do not say as a matter Mr. H OAR. If t he Senator will pardon me, he said that everybody of lawl for I do not know but that we have the power to impair the knew t h i:i.t the Thurman bill impaired the obligation of a contract, obligation of a contract under the decision of the Supreme Court in and I desired to say to him that his assertion "everybody knew that" the case to which I have referred, but I do protest against it on the did not include the Senate of the United States or the Supreme Court ground of public morals; I do protest against it on the ground of <>f the United States, both of whom think otherwise. policy, reposing that last protest upon the great maxim that applies Mr. CARPENTER. The Senator may make that assertion; I could as well to a government as to an individual, that honesty is the best not honestly: but I am quite willing to yield the :floor to him to make it. policy. Howev.er that may be, the question presented here, waiving the Mr. BOOTH. Mr. President, I desire to say one word. This pro ot her question, conceding tbat we may impair the obligation of a viso as it comes from the House to my mind is involved in a maze of contract, conceding that when anybody is indiscreet enough to enter difficulties and absurdities, and every attempt which has been made into contract obligations with this Government he is in the power to improve it here only iii.creases the difficulty and ,demonstrates the of Congress, which is a law unto itself, conceding all that, that we absurdity. It is bad in itself, and every patch we put upon it makes have got these men between t he upper and the nether millstone and it worse. m ay grind them to death, there still remains the question whether we What are the facts Y Here. are one hundred and seven at least of ought to do it . these contracts which it is proposed by an act of Congress to annul. H ere are certain contracts entered into. I believe it is conceded When the Senator from New York who last addressed the Senate t hat they were entered int o in accordance with law. They reserved makes an argument he usually places it upon the highest ground to the P ostmaster-General, an executive officer, a certain discretion. upon which it is capable of being put. In this particular instance I ..LJow, says the Senator from New York, that is a mere :fiction; when confess that I do not know what be is in favor of, what he is opposed an offi cer is selected by law to act as umpire in regard to the t erms to, or whether he is in favor of or opposed to anything. But take the .and conditions of a contract, that means Congress ; and if the Post illustration that he seemed to base the argument upon, that there is master-General in his judgment could terminate this service, Congress a vague, shadowy, unproved, unsustained allegation of fraud against m ay terminate it, or, what is the same thing, may command him to two or three of these contractors; and because that exists we propose terminate it. That I deny. I deny when an officer is chosen by a to do what Not to investigate those contracts, not to annul them, contract to exercise a discretion which is to bind both parties that not to impeach the officer who made them, but to strike down the Congress can come in and compel him to ex ercise that discretion in whole one hundred and seven. In law, in equity, in morals, in com another way. Suppose the Post master-General still thinks t hese mon sense, can that position be sustained anywhere 'f If that is not contracts ought not to be violated; that he still thinks they ought to the position, I ask any man to state it. be executed, can Congress compel him to exercise that discretion Mr. WALLA.CE. Mr. President, I hope neither of these provisos a.gainst his consQience and bind the other party by it Y will prevail. · Mr. President, the proposition is simply monstrous ;. but we are get The PRESIDING OFFICER. The Chair would suggest to the Sen ting so accu~tomed t~ monstrous things in this Chamber that this ator from Arkansas [Mr. GARLAND] that his amendment is not in order does not seelll to excite anybody at all. That Congress may author unless he moves it as an amendment to the amendment proposed by ize an officervto make a contract with a man and t hen turn around the Senator from Kentucky, [Mr. BECK,] by striking out all after the and repudiate the contract-for it means nothing else-does not word " provided." create any surprise whatever, unless it happens to strike bonds, which Mr. GARLAND. I did not suppose it was in order. I simply intro .strikes capital, which strikes the rich; then we squirm with com- duced it to show the absurdity of the proposition, and I withdraw it. X--215 3426 CONGRESSIONAL RECORD-SENATE. MAY 17, Mr. WALLACE. Mr. President, I desire to say now in reference I therefore respectfully request that when the"Post-Office appropriation bill shall to this discussion that the idea that the Government of the United reach your committee in the due course of legislative procedure you will afford me States will for no cause or an imaginary cause absolutely annul a ~~~'\h:~~~lgr~ ~:tJi~f demonstrating the correctness of the propositions I contract solemnly entered into, upon which a contractor has expended I shall be at the service of your committee at anytime, and will submit my state his money in good faith-borrowed money in many instances-and m~nts either orally or in writing, as may best suit tho convenience of your com without proof of wrong on his part, subject him to large losses of mittee. Confident that no citizen will be denied a hear~g on a question of equity, justice, money, is to me a monstrous proposition. I cannot conceive that the and fair.dealing by your honorable committee, Congress of the United States, on the state of facts that are exhib I remain, very respectfully, ited here, will dream of doing such a thing. What is it that we are M. SALISBURY. Hon. WILLIAM .A.. WAL LACE, asked to do' Here is a contract between the United States on the Ohairman Sitb-committei on Post- Ojfice .tippropTia;tion Bill. one side and AB on the other-an agreement upon sufficient consid eration to do a specific thing, tha,t thing being to carry the mails of Mr. WALLA CE. Then follows the statement of Mr. Salisbury,: the United States for four years, upon a fixed route, at a given speed, which can go into the RECORD without reading. and for a specific number of trips per week, in consideration of a sum The paper referred to is as follows: of money to be paid by the Government of the United States. Hav To the honorable Committee on .ti ppropriations of the United States Senate : ing fairly accepted his contract, A B proceeds to do the work under GID."TLEME..'i: Referring to my letter of the 8th instant, addressed to Hon. WILL IAM.A. .. W .ALL.ACE, chairmanofthesub-committeo on the Post-Office bill, I desire, after it. He expends enormous amounts of money. He digs roads, levels tendering my thanks to the committee for its favorable response to my request .for the forest, builds bridges, places ferry-boats, digs wells, spends large a hearing, to amplify somewhat upon each of the three points set forth in the sa.id sums in the purchase of stock, employs carriers,· and with his men, letter. his coaches, and his wagons he helps to develop the western part of Myfirstcomplaintrespecting the proviso in the postal appropriation billnowunder consideration by your committee, with regard to certain star mail routes, is that our country, and becomes a most important agent in its civilization it is calculated to impair t.he obligation of contracts on behalf of the Government. and progress. He undertakes to do what the Government and the The laws and regulations under which we bid and the contracts which we make people of the United States want to have done, to open up the wilds with the Postmaster-General do not contemplate curtailment or discontinuance of to civilization; and having expended his money, having gone on and the service thereunder during tho contract term of four y,ears, except under certain circumstances and conditions, which are specified by la.win sections 613, 621, and opened the country, and aided and encouraged emigration to a large 656 of the postal code. It is obvious that no ma.n would enter into a contract em extent, and having made the mail to be carried to settlements that bra-Oing conditions such as the Government exacts from mail contractors giving have been created by the expenditure of his money, we turn around two bonds each for double the amount of the contract price, besides depositing certified checks to the amount of 5 per cent. of the bid as an insurance to the Gov upon him when one-half of the time of his contract is expired, and ernment of good faith on the part of the bidder. I say itisobtiousthat no sane man he has reached a point at which he may earn some money, and say, would enter into such a contract unless he had reason to consider the Government by virtne of this ill-de.fined assertion of fraud, without any proof, that bound on its part to observe like faith and pay for the service as stipulated in the we will forfeit his contract, turn him out to bankruptcy, and thus do contract for the full term, unless due cause for curtailing or discontinuing the same should be shown under the law prevailing at the time the contract was made. him a gross wrong, because we have the power to do it. We bind ourselves to perform this service and to transport all the mails, be they If we had the power it would be the grossest wrong upon these one pound or ten tons per day. If we allow one pound of mail-matt~r to be de citizens of the United States who have entered into contracts with tained, or for any cause, under the present rulings of the Post-Office Department, their Government to exercise it.. But it does not exist. We have not we run behind our schedule, there is a certain proportionate amount deducted from our pay. These are certainly strong and binding contracts, so far as the interests. the power. We are bound, just as the contractor is bound. Our stat of the G<>vernment are concerned. utes bind us. Not that alone, but here in the contract itself the From their conditions the contra-0tor has no escape. Now can or will Congress Government of the United States contracting on the one side and A by its legislation declare that the G<>vernment as a party to these contracts sustains. B contracting on the other agree in express terms that the Postmaster no reciprocal obligation~ Can it be supposed that any business man would enter if into such a contract without fair security for its observance by the party of the General, an agent, you please, of the one party, and all the more other part, to wit: the Government~ The impression under which we ma.de our binding upon us because he is an agent of ours-that the Postmaster bids and proceeded to execut-e our contracts was that we had the best security in General may have the right to annul this contract for certain specific the world, having contracts with the authorized agent of our Government for periods causes, just as a railroad company enters into a contract with its con of four years, we stipulating to perform specified service and the Government to pa~ us quarterly specified amounts therefor, under rules and regulations strictly tractor to build its line of road, and provides th_erein that the contract defined by la.wand by the praotico of the Department. Your honorable committee, may be annulled upon the report of the engineer of the company for upon examination of the sections of the postal code hereinbefore cited, will ob specific and defined causes therein named. serve that the causes for which the Postma-star.General may annul, curtail, or mod Just so it is here. The Postmaster-General is made the arbiter to ify a mail contract are, first, when it appears in his jud?:ment advisable to placo on any given route superior sernce, such as transferring it from stage-coaches to rail· determine what shall be the ground upon which the contract may be roads, or in case the contractor is not able or willing to increase the speed or thl' annulled, and these causes are defined, pointed out, made distinct, so number of the trips on his route when such increase of speed or number of trips is clear that any man may understand what they are; and yet, in the deemed necessary to the public interests by the Depar&ment, or when the public can be better supplied with mails by curtailing or discontinuing one route and face of this provision of the contract, which is a vital part of the placing it on another reaching the same pomt. For example, the mining district agreement that .the Government on the one side and A B, the con of Deadwood was formerly sup:f:>lied with mails by a route running from 6heyenne tractor, on the other enter into, we say we will forfeit and annul it, to that point, but on account of deprfldations committed by highwaymen and In and assign no cause. Not that alone, the attempt to do what is dians, together with the mountainous character of the country through which the route ran and the frequent heavy snows, the Postma-ster-General thought it for the sought to be done here is Ii.finitely worse. It is to destroy the con 'Public interest to curtail the service on that route, transferring the through mails tract absolutely and without any compensation in damages. It is not to the route running from Sidney, Nebraska, to Deadwood, (see section 621, postal only to do what the contract provides that the Postmaster-General code.) These are the causes for which service on any mail-rout.a may be curtailed may do and give to the party contracting his monthly pay, but it is or annulled, and they are not only named in the law but stipulated in our contracts. But there is no precedent either in the legislation of Congress or in the practice of to take away from him the right to go to the court, and to annul his the Post-Office Department for the arbitrary annulment or curtailment of service contract utterly and absolutely and by our exercise of power destroy on a route for any other cause, whether that cause be newspaper charges unsus him. There is no such power existing in the United States. It does not taine.d by testimony or suspicions excited by the irresponsible slanders of disap· exist, and it ought not to exist, in morals, injustice, inequity, or in law. pointed bidders or failing contractors. When wo complied with the stringent con ditions which the regulations of the Department impose upon contractors we cer Mr. President, the power which is attempted to be exercised here tainly did not, as a part of the essence or spirit of the contract, anticipate that Con will be fitly shoWJJ. when the Senate listens to the letter of one of gress would arbitrarily abrogate them and repudiat.e the obligations of the Govern these contractors who styles himself the largest mail contractor with ment to us under them in the middle of tho contract term. the Government of the United States, and who made this statement Referring now to the second point set forth in my letter of the 8th instant, to wit, that the proviso under consideration is calculated to violate the principles to the sub-committee of the Committee on Appropriations which had of equity, I have to say that we claim to be citizens of the United States, entitled this subject in charge. I may be pardoned for saying right here tliat to legal and equitable protection as such, not only as against foreign powers, but . I have attempted to do in this case what I would do in all cases as be as against powers unduly or inequitably exercised by our own Government. We shall certainly claim in the courts the same protection from bankruptcy and ruin tween two contracting parties who S1:lbmitted their case to me for at the hands of the Government itself that we would olnim under similar circum adjudication: On the one side, justice and fair dealing and common stances from individuals with whom we might have business transactions who sense and equity to the man who had· his contract with the Federal might in a similar manner seek to avoid or evade the obligations of contracts. Government ; on the other side, protect the Government of the United .A.mong the hardships which this proviso is calculated to inflict upon the holders if of contracts I will ennmerate the following : It will throw us unexpectedly in States against large sums of unliquidated damages that can be done, competition with other parties after we have labored and expended capital for two and aid as I can and ought in doing that which a great government years to establish the routes upon which we carry the mails, building roads, mak should do-yield equal and exact justice to all of her citizens. mg stations, bridging streams, diggincr wells, &c. In fact, after we have partially Will the Secretary please read -the communication from ?\Ir. Salis civilizecl the section of country throuo:h which our routes run, capturing or driving offhi~.hwaym en, by which we not onfy protect ourselves, but at the same timo the bury, one of the contractors, and then I shall have said all I wish to traveling public, and in that manner servo the general interests of the community say on the subject? with our own. The competing bidder will take all these things into consideration, The Chief Clerk read as follows: and can and will take advantage of our expenditure and labor, knowing as he does that if he gets the contract the roads we have made, the stations we have built, W .A.SHINGTO~, D. C., May 8, 1880. and the wells we have dug, and the bridges we have construoted, together with DEAR Sm : .A.s the largest holder of star mail contracts and informally the repre all the equipment and paraphernalia. of our routes, will be of little or no Y?.lue to sentative of that largo interest as affected by the terms of the postal appropriation us, and of course he can buy them for a large discount of theic actual co t, all of bill lately passed in the House of Representatives, I respectfully address you, which are bound to enter into his calculations. I am not willin~ to believe that representing that a proviso incorporated in the said bill is calculated, first, to im the Congress of the United States -will enact a law which, in addition to impairing pair the validity of contracts between t.he United States and its citizens; second, the obligation of contracts, as I have hereinbefore set forth, outrages the principles to violate the principles of equity; third, to militate against both the efficiency of of equity as between man and man, in this manner repudiating a contract cluly the postal servico anq. the interests of true economy in the conduct. of the Govern. entered into with one of its citizens, and hitherto faithfully executed by him, in ment. order to transfer any real or supposed proceeds of the same to the pock!U; of his These are propositions which I think neither the character of the Senate nor the neighbor. reputation of your committee will permit to pass unheeded. My third point was that. this proviso was calculated to militate against both th& 1880. CONGRESSIONAL RECORD- SENATE. 3427 efficiency of tho postal service and the interest of true economy in the conduct of from which the postal revenues are mainly derived, will necessitate larger appro the Government. It should be known that among the conditions under which all pri&tions for the manufa-0ture of some of these articles. For postage-stamps, the the star mail service in the far West has to be performed is the necessity of pro· amount appearing in the estimates will probably be sufficient; for stamped enve viding forage and other stock supplies in the summer season to last through the lopes, the amount required for the present fiscal year, at the rate of expenditure winter. Now if all these contracts are relet, to commence on October 1, neither the for the nine months to the 31st of March, will be $400, 109, or an annual increase of present contra'.ctor nor tho party who might obtain the contracts under the relet nearly 11 ~er cent. At this rate of increase, the amount required for the co~ ting would or could secure at tha~ season of the year the forage requisit;e to f~ed f;!as;_m~i;!nt~e 444,020. The estimate is for 437,000, and it may be that this · the stock throuo-h the ensuino- wmter. June and July are the months m which this work must ie done, an!'J. ti forage~ not secured during those two. mo~ths t~en "For postal cards, the increase of issues during the nine months above referred it will be impossible to get it at all aurmg the season, ·and of course it will be im to has been at the rate of 23 per cent. i during the next fiscnl year it will proba possible to maintain mail service during the winter without a supply of forage, bly be 25 per cent. At these rates of mcrease, the number of cards issued during which owing to the difficulty of transportation, it would be utterly impossible to the coming fiscal year will be 341,012,887, which, at present contract prices, will bring from a distance, but which must be cut and stored on tho spot. The result amount in even figures to $237,000. This is just $26,000 more than the estimate, would be that if new contractors should secure these mail-routes they would most The item in the estimates for the manufa-0ture of post-office envelopes should also certainly be obliged to do very inferior service, and in many cases to suspend serv· be increased, on account of the large increase in the market prices of paper ma ice altogether in consequence of this lack of supplies. With the uncertainty of terial, and the probable increase in the use of the envelopes. The contract for the reletting hanging over him it is not to be oxpected that the present contractor these envelopes is made annually, so that any estimate for their supply must be would go to the trouble and expense of putting up forage either in the hope of ob governed to some extent by the price of paper. It will not be safe to allow for taining the contract under new letting or a fair price for it from his successor, be less than an increase in cost of 20 per cent. over the estimate for these envelopes; cause the action of Congre$S in arbitrarily annulling these contracts would give which will bring the amount up to 120,000. The estimate before given was for rise to doubt in his mind as to whether any subsequent ·contract he might make 100,000. with the Department would be observed and respected or not if awarded to him, "The aggregates in the table of estimates referred to, with the alterations sug while the same consideration would operate to impair or destroy his faith in the gested in the estimates for expenditures, would then stand as follows : ability of his successor to pay him fort.be said forage. It will be observed that Total of estimated expenditures, as herein modified ...... • ...... $39, 966, 900 ~~ J!ii~osed action on the part of Congress, setting as it does a. precedent, must Ordinary revenues ...... • . • ...... • ...... • $35, 000, 000 1· · te :ill sense of security on the part of contractors, who could have no es Money-order receipts . . . . . • . . • ...... • ...... • 210, 000 cape from the apprehension that their contracts would be curtailed or ann!11Jed, and 35, 210, 000 the obligations of the Government under them repudiated at any future time under sinlilar or other circumstances. Deficiency to be supplied out of the Treasury . . • . . • • . . . • ...... • . • . . . . 4, 756, 900 In addition to these things, I desire to state for the general information of the committee that mail contractors do not, as a rulo, make money on the first two years "I have the honor to be, \ery respectfully, your obedient servant, of their terms, as it takes that time with hard work and liberal expenditure, to "D. M.KEY, equip and organize their routes, in order that the subsequent service may be placed "Hon. J. D. C. ATKINS, '' Postmaster-6eneral. upon a paying bMis. So far as I know, the majority of contractors during the past " Ohairman Oommitt4e on Appropriations, two years have been compelled to anticipate their each quarter's pay to equip their · " House of Representatives." roads running, and shoul~ their contracts be annulled at this time they W?~d all The original estimates, page 153 B. of E ., require an appropriation of $39,920,900; sustain a heavy loss. I think my losses would be at least a quarter of a million of . and anticipate an amount of revenue (including money-order receipts 210,000) dollars1 and this in stock, equipment,.and improvement upon routes alone, without amounting to 32,210,000; leaving a deficiency to be provided for out of the gen takina- into account any part of the profit that I may legitimately expect to realize eral Treasury of 7, 710,000; add to this the amount of 1,000 for ordinary postage. from ;Dy contracts during the next two years. For much of this large investment stamps to pre_pa.v postage on matter addressed to postal union countries, and we I still owe my bankers and friends, and while I might lose the hard earnings of the have the sum of 7,711,900, amount aaked from the general Treasury. last fifteen years, thnt is of the best part of my life, I can hardly afford tolose my By the. letter of April 19, heretofore alluded to, the Postmaster-General has re~ friends' money and the credit and business reputation which it has ta.ken me a stated his estimated expenditures for the service of the fiscal year ending J nne 30, life-time to establish a.nd to earn. If Congress should establish the precedent of 1881, at $39,966,900, and his estinlated revenues, including money-order receipts, an.nulling contra~ts re~ardless of the la_ws und~r which they are m~~ or the equi $210,000, at $35,210,000, leaving deficiency to be supplied out of the Treasury of' ties which enter mto them all responSlble mnil contractors who bid m the future $4, 756,900. He is enabled to make this better showing mainly by an expected in would make their estimates on all contracta as they do now on special or tempo crease in the sale of stamps, stamped envelopes, and postal-cards. rarv contracts let for six months or a year, which are in•ariably placed at a much The recommendations embraced in this bill amount, for the Postmaster-General's hio-hor rate than the general contract9 running four years. That is to say, the uffica, S~,500, being expenses of inspectors of mails, advertising, post-route maps, co~tractor would be compelled to make his calculations enough broader than he and miscellaneous matters. ' makes them now to insure himself against tho possible or probable bad faith of the For the First .Assistant Postmaster-General's office, $14,321,500, being mainlyfor · Government precisely as a banker charges discount in proportion to the unrelia compensation to postmasters, clerks in post-offices, and letter-carriers, and rent, bility of the paper which he is asked to negotiate. fuel, and light. The House of Representatives has inferentially directed the Postmaster-General In the oflice of the Second Assist-ant Postmaster-General 22,920,000, being for to readvertise and relet the service just as it now is with the full number of trips inland mail transportation; by railroad, steamboat, and star routes, and railwa,y and with the expedited schedules, but giving the contractor no option but to ac· post.office car service; also railway post.office clerks, agents, messengers, mail cept an arbitrary reduction of his pay or surrender his contract, and in this the locks and keys, and mail-bags and mail-bag catchers. House asks the concurrence of the Senate, notwithstanding that the figures sub In the office of the Third .Assistant Postmruiter-General 5935,420, being princi~ mitted in the report of the Department and in the testimony ta.ken before the pally for posta.ge-stanips, postal-cards, &c., and expenses of distributing the same. committee of the House show that the cost per mile as now conducted of the whole In the office of the superintendent of foreign mails 270,000, being for transpor star service is less than evor before. We have been under investigation for five tation of mails to and balances due foreign countries. months, and all the report of that investigation that has been made is House Re The total amount recommended by this bill, ~38,676,420, is an increase over the port No. 1353, accompanying Post-Office appropriation bill, and herewith appended, appropriation for similar service for the present fiscal year of $941,020, and a de· and casual references in the speeches made by members of the committee to the crease under the estimates for the coming year of $1,294,500, but demanding, not· mass of printed testimony. The conclusion is simply that our contracts are to be withstanding the liberal character of its recommendations, an appropriation out of annulled unless we will perform the same serdce both as to number of trips and the general Treasury of only $3,466,420, which is a smaller amount than has been schedule of time for an amount of pay greatly reduced from that specified in the required at any time since the restoration of proper postal facilities throughout contract. This is the entire innovation in the conduct of the postal service. No the country. Most of the provisos attached to the bill of last year guarding and contract was ever changed by the Department unless the nature of the service was limitin~ the expenditure of the money appropriated are re_peated. There are also changed with it. some slight additional new provisos besides the especial feature in this bill at All of which is respectfully submitted. ta-0hed to the clause appropriating for star-service routes, which is as follows : M. SALISBURY. "Provided, That on all star mail-routes upon which increased comi;>ensation for Mr. BLACKBURN, from the Committee on Appropriations, submitted the follow increased expedition, beyond 50 per cent. over original contract price, has been ing report, to accompany bill H. R. No. 6036: allowed during tho years ending June 30, 1879, and June 30, 1880, such service shall In submitting the bill providing for the service of the Pm1t.Office Department be decreased, curtailed, or discontinued thereon to such rate of compensation for for the fiscal year ending June 30, 1881, the Committeo on Appropriations herewith, increased expedition as shall not be in excess of 50 per cent. of original contract for the fuller information and greate1· convenience of the House, present some of price." the papers and tables (for tables see Mi.scellanoous Document No. 31, Forty-sixth In his annual report for 1877, page Z7, and for 1879, page 13, the Postmaster-Gen Congress, second session) that were before them in the consideration of the esti eral, in treating upon the subject of "compensation for increased speed and in mates for the postal service for the year ending June 30, 1881. Those estimates creased frequency of star service," claims that the operation of the present laws will be found on pago 153 of the Book of Estimates; being part of the budget regulating the same results in ~at loss to the Government. He says: " The\e for the ensuing fiscal year, they are supplemented with explanation on pages 5 et laws (sections 3960 and 3961, ReVISed Statutes) have been in force for many yeatii', seq. of the last annual report of the Postmaster-General, and are also materially and are the source of nearly all the deficiencies in the appropriations for the star revised by the special letter of the Postmaster.General to the Committee on Ap service which have ever been created." He adds : propriations, dated April 19, 1880, herewith presented: "It frequently happens, esvecially in the mining regions of the West, that, at tho time of advertising, service is not required upon new routes more frequently '' POST-OFFICE DEPART::l.IEXT, than once or twice a week ; but after the contracts have been made and service " Wa-shington, D. 0., April 19, 1880. begun, population increases along the line, and an increase of speed and more fre " Sm: In the estimates of appropriations for the fiscal year ending June 30, 1881, quent service become necessary. Under such circumstances it is clear that the (see page 256, appendix to last annual report of the Postmaster-General,) the esti rate that was reasonable for service once or twice a week, through a sparsely set. mated postal revenues for said fiscal year were placed at $32,210,000, an increase of tled region, becomes exorbitant when multiplied by three or six to cover daily serv $2,168,017.14, or a little more than 7 per cent. for the two years. The average an ice. I would therefore recommend that section 3960 be so amended as to permit nual increase of revenue for tho four years to June 30, 1879, was 2.69 per cent., and the Postmaster-General to advertise for new proposals for the increased service; when the present estimates were prepared, in October last, an allowance was made the contract to be awarded to the lowest responsible bidder, as usuaL Section 3961 for an increase somewhat beyond this rato because of the revival of business then should be so am.ended that when the cost of increased speed would amount to more becoming manifest. Since then the advance has exceeded the most sanguine ex than 50 per cent. of the cost of th.e original service the Postmaster-General should pectations ; and in the light of data. recently obtained, the postal revenues for the readvertise for serv;ice at the increased speed." coming year will undoubtedly be much greater than appears in the estimates. On page 27 of report for 1877 he bas also expressed his views fully, and partly "The amount of postage-stamps, stamped envelopes, and postal cards issued to to the same purpose. postmasters upon requisition during the nine mon tbs ending on the 31st March last The committee believe that the law a8 fixed by the act of April 7, 1880, leaves was 623,979,335.52, being an increase over the amount issued during the correspond the Department, to a great extent, shorn of a hitherto unlimited and dangerous ing Dino months of the previous fiscal year of SS,016,06::2.17, or a little more than 14 discretion, which in many instances has been abused in arbitrary allowances of per cent. The l'eturns from ninety-eight principal offices in the countrv-those in vast sums of money without any commensurate advantage to the country ; but the which the free-delivery service is in operation-show an increase of 13:3 per cent. beneficial effects of the said act of April 7, 1880, apply only to future contracts~ in the amount of stanips, &c., sold for the nine months ending on tho 31st March, leaving intact all of the heavily expedited routes, with their arbitrary and enormous as compared to tho sales for the correspondingnino months oflheprovious fiscal year. increases of compensation, with two or three years yet to run. The expedition for "While tho increase shown in these figures is most gratifying, it would hardly reduc•ion of schedule only upon seventy-three of these routes amounts to 1, 164, 765 be safe, in providing means to meet expenditures, to assume that it will continue annually, and the attention of the House is directed to H . R. Mis. Doc. 31, entitled in such large proportions. It would probably be safo, however, to put the rate of an inquiry into the postal star sen-ico, consisti:p.g of some three hundred pa~es of increase for the present over the past year at 10 per cent., and for the coming over printed testimony upon this subject, and, in the opinion of the committee, ciea.rly the present year at 0 per cent., giving, in even figures, $33,000,000 as the revenue demonstrating the justice and absolute necessity for a reduction of pay and a re for the present year, and ~5,000,t:OO as the revenue for the coming year. duction of service, not in the number of trips, but in the matter of schedule or rate. "Tho increased issues of postage-stamps, stamped envelopes, and postal cards, of speed upon these seventy-three routes. 3428 CON~iRESSIONAL RECORD-SENATE. MAY 17, At the present rate of compensation allowed upon star routes over 3,000,000 simply appropriate the money and let ns finish this bill and get rid ;Ft~~f~:~~~=ilat:.for the star service of the c~untcy js expended in nine Ter- of this particular item that we are now complaining of. The committee, fully convinced, after a thorough investigation of the workings Mr. MAXEY. I want to call the Senator's attention to the his of this system, (under sections 3690 and 3691,) that opportunity is furnished there torical fact referred to by the Senator from California, [Mr. BOOTH.] lJy to large star contractors to effect combinations and extort from the Govern It was stated in the last discussion-I had the honor of stating it my ment compensation disproportioned to the value of the service rendered, making fraud upon the Government practic:i.ble ancl a wastage of public moneys inevita self- that the star-route service to-day is not only less per mile, but, ble, cannot refrain from recommending to the House the imposuig cif some condi- even with the increased expedition, it costs the Government less to-· . tions upou existing contracts that will subject the beneficiaries of that depm:t day than it did twenty years ago. mental discretion upon which the seal of Congress's disapproval has been placed Mr. DAVIS, of West Virginia. Tha.t is not the question. The ques by tb e said act of April 7, 1880, to the same terms and conditions prescribed for all future contracts. The committee is unable to see wh.y the holders of these con tion is whether or not there has not been in some manner a large tracts, whose enormous allowances for expedited service_ha ve extorted from Con amount of money got from the Government improperly, as I think, gress not only a rebuke of a vicious practice but by the enactment of law a posi between certain contractors and the Post-Office Department. That tive remedy for the future, should, for a period of years t o come, (to be determined is the question; not whether the whole system is not better. I am b:v the duration of their respective contracts,) be left undisturbed in the reception of.public moneys for wW.ch no sufficient eqnivll The next amendment of the Committee on Appropriations was, in The amendments made as in Committee of the Whole, with the ex line 116, to increase the appropriation "for mail messengers" from ception indicated, were concurred in. $700,000 to $725,000. The PRESIDING OFFICER. The question now is on the amend The amendment was agreed to. ment indicated by the Senator from California. The next amendment of the Committee on Appropriations was, in Mr. SAULSBURY. I did not vote on the amendment as to star line 118, to increase the appropriation "for mail locks and keys" from routes, and the reason I did not vote was this: I am not in favor of 25,000 to $100,000. abrogat~g a valid contract, an honest contract, entered into by any The amendment was agreed to. person with the Government; but from what I have heard I am sat The next amendment of the Committee on Appropriations was un isfied in my own mind that some of the contracts with the Post-Office der the head of "office of superintendent of foreign mails," to strike Department in regard to mail service are tainted with fraud. I did out after the word "dollars," in line 152, the following proviso : not want to vote against the provision of the House, because in doing Provided, That the Postmaster-General be a.uthorized to remit in favor of the so I should necessarily be voting to continue contracts which, accord colonies of New Zealand and New Sont.h Wales so much of the cost of the overland ing to tlie information I have rccei ved, are tainted to some extent transportation of the Australian closed mails as he may deem just. with fraud. The reason, ther:efore, I did not vote was because I did Mr. BOOTH. I h ope this amendment will not be agreed to. It is not want to abrogate an honest contract, but at the same time I did to strike out a provision that was inserted by the House, and if I can not want to record myself against a provision which proposed to ab have the attention of the Senate, for it is somewhat important, at least rogate contracts which ought not to have been entered into. I shall important to my constituents, I will state the theory upon which the be glad if some provision can be made whereby any contract in the proviso was inserted. least tainted with fraud may be abrogated while th ose free from sus The colonies of New Zealand and New South Wales are paying to picion shall not be affected by the provision, and I hope the commit an American line of steamships that make monthly trips from San tee of conference thali may be appointed will have due regard to that Francisco an annual subsidy of $450,000. These steamships carry the particular matter. · American mail to the Hawaiian Islands, to the Samoan Islands, the The PRESIDING OFFICER. The question is on agreeing to the Fejee Islands, and New Zealand,. a~d New South Wales without any amendment indicated by the Senator from California, striking out cost to us, they collecting simply the postage, which amounts to about the proviso from line 155 to line 159. 10,000. The trade between the United States and New South Wales Mr. BOOTH. I ask for the yeas and nays on that, and I trust the and New Zealand now amounts to $7,000,000 of our exports. We sell Senate will not agree with the committee. to those colonies annually about $7,000,000, and buy from them about The yeas and nays were ordered. $1,000,000. The mails which are transported across the continent for Mr. DAVIS, of West Virginia. I ask the Clerk to read the amend these colonies are charged by us for the transportation the actual ment again and I hope Senators will listen to it. cost, which last year amounted to $83,000. That sum is paid by Great The PRESIDING OFFICER. The amendment will be reported. Britain. Now, in consideration of the fact that these colonies of New The SECRETARY. In line 155, after· the word "dollars," it is pro- South Wales and New Zealand are to-day paying to American ships posed to strike out the words : · $450,000 per annum, which ena.bles them to carry our mails on the Pa Provided, That the Postmaster-General be a.uthocized to remit in favor of the cific for nothing, it seems to me to be nothing but an act of grace and colonies of New Zealand and New South Wales so much of the cost of the overland favor which we can well afford to perform to remit to them-not to transportation of the Australian closed mails as he may deem just. Greai Britain- such portion as may be just of what we charge for Mr. DAVIS, of West Virginia. That is not only carrying the mail transporting their mail across the continent. . for nothing but paying for it. It is paying for the privilege of carry That is all there is in it; and I should be very glad if the provision ing it. Again, what right-I know of none- have we to remit in favor could be retained. I wish to place it upon the true ground and keep of New Zea.land and New South Wales the co:tt of transporting the it there all the time. They are paying $450,000 annually to ships which Australian mail 7 It is a very singular provision. It is the Aus carry our mail on the Paeific for nothing, and as an act of reciprocity tralian mail, and yet we giveittothosetwoprovin.ces. Whyf What to them I desire that the Postmaater-General may have the power to forY We payfor carrying the mail across this continent, and why do · remit in their favor such amount as he deems just for transporting we give it to New South Wales and to New Zealand 7 It is a singu their mail across the continent. lar provision and a singular manner of doing it, too. Senators of The PRESIDING OFFICER. The question is on the amendment course will do as they please, but I believe there is sixty or seventy of the committee striking out the proviso. thousand dollars a year involved. A division was called for ; and the ayes were 12, and the noes 18. Mr. BOOTH. Eighty-three thousand dollars. Mr. COCKRELL. There is no quorum voting. Mr. DAVIS, of West Virginia. My friend corrects me. Itis eighty Mr. BOOTH. Let it be reserved in the Senate. odd thousand dollars a year given for what 7 For the privilege of The PRESIDING OFFICER. It can be reserved in the Senate, the giving it to those two colonies. Now, is it possible, can we legally or amendment being considered as agreed to. properly negotiate with these provinces when they have a mistress Y The next amendment will be read. Mr. BOOTH. If I did not make the proposition qlear to the mind The next amendment of the Committee on Appropriations was, in of the Senator from West Virginia before, it was because I could not section 2, line 3, to strike out "three million five hundred and fifty state jt clearly, I presume. I shall have to restate substantially two" and insert "four million and fifty-eight;" so as to make the sec what I said before, for I simply stated the facts. tion read: The colonies of New South Wales and New Zealand are to-day pay ing an annual subsidy of $450,000 to an American line of steamers, SEC. 2. ';rhat if the revenue of the Post-Office Department shall be insufficient to which line carries our American mail to the Hawaiian Islands, to the meet the appropriations made by this act, thon the sum of ~4,058,420 or so much thereof as may be necessary, be, and the same is hereby, appropriated, to be paid Samoan Islands, to the Feejees, to New Zealand, and to New South out of any money in the Treasury not othentlse appropriated, to supply deficien Wales for nothing. They pay 450,000 for their service; we pay cies in tho re•enue of the Post-Office Department for the year endiilg June 30, nothing. 1881. It occurred to me, as it did to the House of Representatives, that The amendment was agreed to. it would be nothing more than fair reciprocity that the Postmaster Mr. TELLER. I do not desire to detain the Senate, but I made a General should be authorized, in consideration of this, to remit in statement here, n.nd I am not in the habit of making a. statement their favor such portion as he may deem just of the amount that we without verifying it if it can be done. pay for carrying their mails across our continent. The Senator from From 1850 to 1854 the contract for carrying the mail from Inde West Virginia is right in this proposition; that they only pay us what pendence, Missouri, to Salt Lake City was as follows : Original con we pay for the transportation. But is it not a fair consideration, if tract $19,500 at thirty days' time. The running time was reduced they are willing to pay our ships $450,000 a year for carrying so im :fi.v~ days and the expedition increased in that way, and the compen portant a mail for us, that we should remit some portion of this chnrge sation was raised at the rate of $1,170,000 for the kind of service in their favor! on the route now compl~i~ed of from the original sum of $19,500. The only practical difficulty about it has been suggested by the That was a contract existing for four years under a democratic Sena.tor from West Virginia, and that is that we do not deal with administration. That is only one of a great number that are here them directly. That is a difficulty I think that is rather in imagina cited. tion and diplomacy than otherwise. We setj;le this account with Great l\ir. WITHERS. Who was the contractor that had that contract' Britain; but it is perfectly competent for our Department in mak Mr. TELLER. I do not know who it was and it does not make ing this settlement with Grea.t Britain to say, "We remit a certain any difference who it was. portion of this to be credited t;o the colonies." I do not think there Mr. EATON. When. was thatf is any difficulty in it, and the Department does not think there is. If Mr. TELLER. Yes, I do know who it "\las. If Senators want to that cannot be done, then this proviso will simply be inoperative. It know I will tell them. The contractor then was a .Mr. Russell gen vests the discretion in the Department for that reason, in order that erally known in the city of New York as Uncle Billy Russell ~ho is the manner of remitting this in favor of the colonies may be intelli long since dead, and a Yery good man. I had forgotten at the mo gently determined upon. ment who was the contractor. That was from 1850 to 1854. That I said before this is a valuable trade to us with New Zealand and was before Mr. Holladay came in. New South Wales. We sell them 7,000,000 annually, and only buy The bill was reported to the Senate as amended. from them about one million. · Mr. BOOTH. I ask a separate vote on the amendment as to New In addition to that consideration, the government of Great Brit Zealand and New South Wales. ain has recently been expediting and increasing the service by the The PRESIDING OFFICER. The question will be put on the other other route, the route by Brundisi and the Suez Canal, in order to amendments together. divert this correspondence from our route. This contract made by New 3430 CONGRESSIONAL RECORD-SENATE. MAY 17, South Wales and New Zealand with the American line has about three ABSENT-33. years to run, and I have onlyto repeat what I have said before: they Allison, Edmunds, Jones of Florida,, Randolph, are weak; we are strong; we get all the advantage out of this trade Baldwin, Farley, Kirkwood, Ransom, Bayard, Gi>rdon, Lamar, Sharon, that there is to be had; and I think it will be a graceful act of court Beck, Grover, Logan, Thurman, esy and well-deserved reciprocity if the Department should be au Blaine, Hamlin, McMlllan, Wh:vte. ' thorized to remit such portions as is deemed just in favor of these Bruce, Hereford, McPherson, Williams. colonies. Butler, Ingalls, Morgan, Carpenter, Johnston, Pendleton, Mr. SAULSBURY. Can the Senator tell us what will be the amount Conkling, Jonas, Pryor, remitted under this provision 'f Mr. WALLACE. As I understand this provision, and we had be So the amendment was not concurred in. fore us the superintendent of the foreign mail service, it is simply Mr. MAXEY. In line 56, after the word "purpo e," I move to this: We receive nowfrom the British government $80,000for trans insert: portation of the Australian closed mail across the continent. The But no patented machine shall be so purchased until the proper officers shall have fully secured and protected the Government and its officer-a against the pay governments of New Zealand a~d "!feVf S~nth ~ales subsidize on~ of ment of royalty thereon otherwise than in. the contract for its use, and against all our lines of steamers for transportmg their mail from San Francisco suit.a for infringement of any alleged patent for similar machines. to those islands, stopping at the intermediate islands, und pay them The amendment was agreed to. a. much larger sum of money than $80,000. It is proposed by this pro The amendments were ordered to be engrossed, and the bill to be vision to permit the Postmaster-General to take the $80,000 which read a third time. the British government pays to us and give it as an additional sub The bill was read the third time, and passed. sidy to this mail line of steamers from San Francisco to New Zealand, or in lieu of that to be paid to the colonies, as I understand. AMERICA.!.~ FISHERMEN AT FORTUI\"E BAY. Mr. BOOTH. Not to the steamship company by any means, for they Mr. EATON. A message has been received from the President and already have a subsisting contract which will not expire for about a report from the Secretary of State. I ask that the message be laid three years. before the Senate. Mr. WALLACE. It is, in substance, to take that amount of money The PRESIDING OFFICER. There is a message on the table, which comes to the Post-Office Department and give it to these colo which the Chair will lay before the Senate. nies to aid them in paying the transportation from San Francisco to The Chief Clerk read the message, as follows: these islands. This is what I understand it to be. To the Senate of the United States : In that light the Senate can dispose of the question as they see fit. It seems to me that the wiser course would be to vote directly $80,000 In compliance with the resolution of the Senate of the 28th ultimo, as a subsidy to this mail line. That would be the frank and direct calling for copies of the correspondence with the government of Great way. We had better reach questions directly. Vote it directly, and Britain in regard to the alleged outrage upon American fishermen at understand it directly. Fortune Bay, in the Prnvince of Newfoundland, I transmit herewith Mr. BOOTH. With great deference, I do not think that is the the correspondence called for and a report from the Secretary of State object t-0 be reached. These young colonies are paying this amount on the subject. per year to a company which has a contract that will not exJ?ire until In transmitting this correspondence and report I respectfully ask two years from next November. That any portion of this $&1,C-00 that the immediate and careful attention of Congress to the failure of ac we propose to remit in their favor will go to the steamship company cord between the two governments as to the interpretation and exe there is not the remotest idea or shadow of a thought. The amount cution of the :fishery articles of the treaty of Washington, as disclosed that they are to rec@ive will not be increased one penny. in this correspondence, and elucidated by the exposition of the sub Mr. WITHERS. It will aid in paying them the $450,000 to the ject py the Secretary of State. ext.ant of the $80,000. I concur in the opinions of this report as to the measures proper to Mr. BOOTH. They already pay it. They already transport our be taken by this Government iI). maintenance of the rights accorded correspondence. I have already placed it on that ground that we are to our fishermen by the British concession of the treaty, and in pro to aid them, that we are to reciprocate what "they are doing for us, viding for suitable action toward securing an indemnity for the in but not that it increases the amount that is to be paid to the steam jury these interests have already suffered. ship company. There is no such thought. Accordingly I recommend to Congress the adoption of these meas Mr. WALLACE. As I understand it, however,itcomespractically ures, with such attendant details of legislation as in the wisdom of to that. It is that we take the $80,000 we receive from the British Congress shall seem expedient. govern.men t and hand it over to the govern.men ts of New Zealand and The correspondence referred to has been sent this day to the House New South Wales, because they are paying to a steamship company of Representatives, in compliance with a similar resolution. which transports the mail from San Francisco to those islands $450,000, R.B.HAYES. .and in consideration of that and the trade which we derive from their WASHINGTON, May 17, 1880 . -0ommerce with us. That is the way I understand the Senator from Mr. EATON. I move that the message and the report of the Sec California to put it. It comes practically back to the question whether retary of State be printed and referred to the Committee on Foreign in consideration of this transportation of the mails and the benefit Relations. I make that motion now, as there are very voluminous we derive from their commerce to 0L1r coast it is wise for us to give papers which may be printed hereafter; but I desire these few papers them this $80,000. That is the whole of the question. printed at once. 1\Ir. WITHERS. I do not understand how it is that this is claimed The PRESIDING OFFICER. Is there objection to printing the .as an act of reciprocity on our part. The Senator from California message sent by the President to-day 'f The Chair hears no objec argues that we ought to release this amount to them because they tion, and that order will be made; and the message, with the accom pay us $450,000. I do not see exactly where that comes in. They pa,nying documents, will be referred to the Committee Otl Foreign pay a subsidy of $450,000, as I understand the Senator, not to benefit Relations. .us, but to carry their own mail from San Francisco to these colonies. CLAIMS AGAINST THE DISTRICT. Now the Government of the United States is not benefited by that Mr. HARRIS. With the permission of the Senator from Delaware, that I can see at all. [Mr. SAULSBURY,] I desire to ask the Senate to proceed now to the Mr. BOOTH. Very materia,lly benefited, for the company are ena consideration of House bill No. 2328, of which I gave notice this morn bled to exist and carry the ma.ils by reason of this subsidy, carry our ing. I will not ask the Senate to Qon.sider it this evening, but if the mails to the Hawaiian Islands, to the Samoan Islands, to the Feejee Senator from Delaware will consent, I should be glad to take it up, Islands, to New Zealand, and to New South Wales for nothing. so that it may be the first business in order to-morrow after the morn Mr. WITHERS. The:v are paid for it by our Government. ing hour. 1iir. BOOTH. No, sir; they only get the postage, which amounts Mr. SAULSBURY. I desire to-morrow to occupy the :floor for per to about $10,000 a year. haps an hour ill the consideration of the regular order. .Mr. WITHERS. They are bound to do it. Mr. HARRIS. Then I renew the notice that after the Senator from Mr. BOOTH. Enough perhaps to furnish the coal for one voyage, Delaware shall have been heard to-morrow I will a-sk the Senate to and probably not enough for even that. take up and consider this bill. The PRESIDING OFFICER. The yeas and nays will be taken on concurring in th,e amendment. REl\!OVAL OF DISABILITIES. The question being taken by yeas and nays, re ulted-yeas 20, nays Mr. ROLLINS. I move that the Senate proceed to the considera 23 ; as follows : tion of executive business. YEAS-20. Mr. McDONALD. I ask the Senator from New Hampshire to with Bailey, Eaton, Hill of Georgia, Vance, draw his motion for a moment until I ask the Senate to take up ~ud Cockrell, Garland, Kernan, Ves~ Coke, Groome, McDonald, \Valk:er, pass House bill No. 3989, removing disabilities. Datis of Illinois, Ham:pton, Maxey, Wallace, ~Ir. ROLLINS. Will it lead to any debate Davis of W. Va., Harns, Saulsbury, Withers. Mr. McDONALD. No, sir. NAYS-~ . Mr. ROLLINS. I yield for that purpose. :L.2,ony, . Cameron of Wis., Saunders, Mr. McDONALD. It is a bill reported by the Judiciary Commit Dawes, ~~~· Slat.er, tee without amendment, aud is a unanimous report. Booth, FeITy, Paddock, Teller, There being no objection, the Senate, as in Committee of the W:hole, Burnside, Hill of Colorado, Platt, Voorhees, Call, Hoar, Plumb, Windom. proceeded to consider the bill (H. R. No. 3989) to remove the political Cameron of Pa., Jones of N evn.da, Rollins, disabilities of William B. Taliaferro, of Virginia. 1880. . - CONGRESSIONAL RECORD-HOUSE. 3431 The bill was reported to th;e Se!late without amendme~t, orde~ed The bill was read the second time in full, and was referred to the to a third reading, read the third time, and passed, two-thirds votrng Committee on Invalid Pensions, and ordered to be printed. in favor thereof. D. w. ROSSON. EXECUTIVE SESSIO:N". Mr. YOUNG, of Tennessee, introduced a bill(H.R.No. 6212) for the Mr. ROLLINS. I renew my motion for an executive session. relief of the heirs of D. W. Ronson, of Fayette County, Tennessee; Mr. COCKRELL. I hope the Senator from New Hampshire will which was read a first time by its title. allow me to have a bill considered which cannot lead to any discus- Mr. CHALMERS. I ask that the bill be read in full. sion. The bill was read the second time in full, and was referred to the l\Ir. ROLLINS. l\Iy friend from Maryland [Mr. GROOME] has just Committee on War Claims, and ordered to be printed. importuned me to yield to him. If I were to yield to anyl;>0dy, I CHARGES AGAINST nnnAN BUREA.U . .shTothiled iRieiii:gi#G· OFFICER. The Senator from New Hampshire Mr. YOUNG, of Tennessee, also introducedajoint resolution (H. R. No. 300) requesting the Secretary of the Interior to furnish the two ·moves that the Senate proceed to the consideration of executive busi- Houses of Congress with all the written and printed testimony taken ness. by the commission organized for the purpose, upon charges preferred The motion was agreed to; and the Senate proceeded to the con- by J.B. Wolf and others on the 8th day of June, 1877, against the -sideration of executive business. Indian Bureau; which was read a :first and second time, referred to After three minutes spent in executive session the doors were re- the Committee on Indian Affairs, and ordered to be printed. -0pened, and (at four o'clock and fifty-seven minutes p. m.) the Sen- .ate adjourned. QUARANTTh"'E STATION IN HA.l\.lPTON ROADS, VIRGINIA. Mr. GOODE introduced a joint resolution (H. R. No. 301) in rela- tion to a quarantine stat ion in Hampton Roads, Virginia; which was read a first and second time, referred to the Committee on the Origin, HOUSE OF REPRESENTATIVES. Introduction, and Prevention of Epidemic Diseases, and ordered to be printed. ;J\IoNDAY, May 17, 1880. JOHN CO:N"NALLY. The House met at eleven o'clock a. m. Prayer by the Chaplain, Rev. Mr. HUNTON introduced a bill (H. R. No. 6213) for the relief of W. P. HARRISON, D.·D. John Connally; which was read 3: first and second time, referred to The Journal of Saturda.y last was read and approved. the Committee on the District.of Columbia, and ordered t o be printed. EXPLANATIO:N". l\IRS. OLIVE PADGET!'. :Mr. BRIGHT. On last Saturday I asked unanimous consent to take Mr. MARTIN, of West Virginia, introduced a bill (H. R. No. 6214) up two bills upon the Private Calendar for the purpose of putting granting a pension to Mrs. Olive Padgett, widow of William Padgett, them ·upon their passage in relation to the claim~ :i;~ported from. the Company D, First Regiment P.H. B., Maryland Cavalry; which was Quartermaster's Department and from the ComIDISs1oners of Claims. read a first and second time, referred to the Committee on Invalid An inquiry was made by t he gentleman from Michigan [Mr. WIL Pensions, and ordered to be printed. LITS] if the bills contained anything except appropriations. In re OCCIDENTAL, ETC., RAILROAD AND STEAMSHIP COMPANY. sponse to that I replied that there was no legislation at all except Mr. BRENTS introduced (by request) a bill (H. R. No. 6215) grant that . That was my understanding at the time. The bills were called ing aid t.o the Occidental and Oriental Railroad and Steamship Com up by me as a matter of courtesy, and the request was to put them pany; which was read a first and second time, referred to the Com on their passage. I h::i~d no information on. the subject except the mittee on Pacific Railroads. and ordered to be printed. reports which were filed accompanying the bills, and they ma.de no allusion to the fact that there was a clause which required notice to WILLIAM: R. l\IILLER. be given to claimants on taking testimony on claims against tpe Gov Mr. GUNTER introduced a bill (H. R. No. 6216) for the relief of -ernment. I make this statement merely for the purpose of putting William R. Miller; which was read a first and second time, referred myself correctly before the Honse, with the assurance that I had no to the Committee on Invalid Pensions, and ordered to be printed. intention to deceive the House in the response which I gave. CHEROKEE LAl\TDS IN KANSAS. ORDER OF BUSINESS. Mr. GUNTER also introduced a bill (H. R. No. 6217) to graduate the M.r. COX. I desire-to take up a Senate bill-- price and dispose of the residue of the Cherokee strip lands in Kansas; . .The SPEAKER. The gentleman fromNewYorkwiRhavetomake which was read a first and second time, referred to the Committee on that request after the call of States. This being Monday, the first Indian Affairs, and ordered to be printed. busine.ss in order is the call of States and Territories, commencing SECTIONS 2401 AND 2403, REVISED STATUTES. with the State of Nevada, for the introduction on leave of bills and Mr. BERRY (by request) introduced a bill (H. R. No. 6218) to amend joint resolutions for reference to their appropriate committees not to sections 2401and2403 of the Revised Statutes; which was read a first be brought baok on a motion to reconsider. Under this call joint and second time, referred to the Committee on the Public Lands, and resolutions and memorials and resolutions of State and territorial ordered to be printed. Legislatures are in order, and also resolutions calling for exec11tive ADDITIONAL BOUNTY. information, for reference to appropriate committees. Mr. PHELPS introduced a bill (H. R. No. 6219) extending the time There were no bills introduced from the State of Nevada, and the from June 30, 188<1, to July 1, 1885, for filing claims for additional State of New Hampshire was called. · . soldiers' bounty, under the act of July28, 1866; which was read a first Mr. REAGAN. If no member particularly desires to introduce a and second time, referred to the Committee on Military Affairs, and bill to-day, I ask that by' unanimous consent the call of States and ordered to be printed. Territories be dispensed with. The SPEAKER. A bill has been sent to the desk. The call will LIEUTENANT FRANK JORDAN. be proceeded with as rapidly as possible. Mr. HULL introduced a bill (H. R. No. 6220) authorizing the nom ination and appointment to the retired list of the United States Navy BENJ.A.MIN TUTT. with, the rank of lieutenant of Frank Jordan, formerly acting ensign Mr. HALL introduced a bill (H. R. No. 6208) fo; the relief of Ben in the Navy; which was read a first and second time, referred to the jamin Tutt; which was read a first and second time, referred to the Committee on Naval Affairs, and ordered to be printed. Committee on Invalid Pensions, and ordered to be printed. AR.MS, ETC., FOR SCHOOLS Al\"'D COLLEGES. PROSCRIPTION OF JEWS L~ RUSSIA. Mr. SMITH, of Georgia, introduced a bill (H. R. No. 6221) to enable Mr. COX introduced the following resolution; which was re!d and colleges and schools to obtain arms and accouterments; which was referred to the Committee on Foreign Affairs : read a first and second time, referred to the Committee on Military R esolved, That the President be requested to communicate to this House all cor Affairs, and ordered to be printed. respondenco in reference to the proscription of Jews by the Russian Government. JA.1\IES M. FRANKS. GLUCOSE. .Mr. THOI\fi>SON, of Iowa, introduced a bill (H. R. No. 6222) grant M.r. YOUNG, of Ohio, introduced a bill (H. R. No. 6209) to tax and ing a pension to James M. Franks, late private Company E, Sixth regulat e the manufacture and sale of glucose or (J'rape sugar; which Iowa Cavalry; which was read a first and second time, referred to the was read a first and second time, referred to the Committee on Ways Committee on Invalid Pensions, and ordered to be printed. and Mea.ns, and ordered to be printed. HENRY B. CLARK. NICHOLAS KOLP. Mr. THOMPSON, of Iowa, also introduced a bill (H. 'R. No. 6223) Mr. McKINLEY introduced a bill (H. R. No. 6210) granting a pen granting a pension to Henry B. Clark, private Company C, Twelfth sion to Nicholas Kolp, Company G, Forty-third Ohio Volunteers; Iowa Infantry; which was read a first and second time, referred to which was read a first and second time, referred to the Committee the Committee on Invalid Pensions, and ordered to be printed. on Invalid Pensions, and ordered to be printed. YEAS ~""U> NAYS ON APPROPRIATION BILLS. MARY F. HOPKINS. Mr. OSCAR TURNER introduced a joint resolution (H. R. No. 302)' Mr. BALLOU introduced a bill (H. R. No. 6211) granting a renewal proposing an amendment t o the Constitution of the 'Onited States of pension to Mary F. Hopkins; which was read a first time by its requiring yeas and nays on all appropriations exceeding 10,000.; title. which was read a first and second time, referred to the Committee on. Mr. CHALMERS. I ask that that bill be read in full. the Judiciary, and ordered to be printed. 3432 CONGRESSIONAL RECORD-HOUSE. MAY 17, CONDEMNED .CAlfflP.N. FOR LAWREN CE, MASSA.CHUSETI'S. LOUISE A.PGA.R. Mr. RUSSELL, cd: Massachusetts, introduced a bill (H. R. No. 6224) Mr. ~TEVENSON also introduced a bill (H. R. No. 6236) granting donating condemned cannon to the city of Lawrence, State of Massa a pension to Louise Apgar, widow of Stewart Apgar, late a private in chusetts; which was read a first and second time, referred to the Company B, First Regiment New Jersey Cavalry; which wn.s read a Committee on Military Affairs, and ordered to be printed. -:first and second time, referred to the Committee on Invalid Pensions, WILLIAM CANNON. and ordered to be printed. Mr. WADDILL introduced a bill (H. R. No. 6225) for the relief of ORDER OF BUSINESS. William Cannon; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. The SPEAKER. The unfinished business coming over from the third Monday of April is a motion to suspend the rules made by the JOHN H. PECK. gentleman from Virginia, [Mr. HUN'OON]-- . Mr. SAWYER introduced a bill (H. R. No. 6226) for the relief of Mr. BERRY. There is a special order for to-day, the bill (H. R. John H. Peck, for supplies furnished the United States troops in No. 5636) for the appointment of a commission to investigate the Mbris 1814; which was read a :first and second time, referred to the Com question in California. I ask unanimous consent that this special mittee on War Claims, and ordered to be printed. order be transferred to Thursday night of this week, a recess to be ORDER OF BUSINESS. taken on that day from half past four till half past seven o'clock. There seems to be nothing in the way of the assignment I propose. The SPEAKER. T.he list of States and Territories having been This is a very important matter to California. called through, the Chair will now recognize gentlemen who were Mr. DUNNELL. Is there not an assignment for next Thuraday not in their seats when their States were called for the introduction night' . of bills and resolutions for reference. The SPEAKER. On motion of the gentleman from Ohio, [Mr. CON SHOSHONES, B.Al\"NOCKS1 A.ND SHEEP-EATERS. VERSE,] chairman of the Committee on Public Lands, Thursday of Mr. SCALES introduced a bill (H. R. No. 6227) to accept and ratify this week has been set apart for the consideration of reports from an agreement submitted by the Shoshones, Bannocks, and Sheep-eat that committee. The Chair is advised that the gentleman from Ohio ers of the Fort Hall and Lemhi reservation in Idaho, for th~ sale of designs, in case the business of the committee should not be com a. portion of their lands in said Territory, and for other purposes, and pleted during the morning session of that day, to move a recess. to make the necessary appropriation for carrying out the same; which Mr. BERRY. I understand that such has not been the order of the was read a first and second time, referred to the Committee on Indian House. I do not propose to contest with my friend from Ohio- Affairs, and ordered to be printed. The SPEAKER. But the gentleman had better agree with him, because if he objects, this proposition cannot be entertained. CROW L.~IA.NS OF MO:NT.ANA. Mr. BERRY. Then I askfor Mondaynight-aweekfrom to-night. Mr. SCALES also introduced a bill (H. R. No. 6228) to accept and Mr. ATKINS. Subject to the business of the Committee on AppJ'O- ratify an agreement submitted by the Crow Indians of Montana, for priatio~s. · the sale of a portion of their reservation in sa.id Territory, and for Mr. TOWNSHEND, of Illinois. And subject to the tariff bill. other purposes, and to make the necessary appropriation for carrying Mr. HOSTETLER. I ask that Monday night be set apart for the out the same ; which was read a first and second time, referred to corlsideration of bills on the Private Calendar. the Committee on Indian Affairs, and ordered to be printed. Mr. BERRY. I obiect. RAILROAD IN RICHMOND COUNTY, NEW YORK. The SPEAKER. The gentleman from California asks una.nimons Mr. COVERT introduced a bill (H. R. No. 6229) to grant the right consent that Monday evening next, at seven and a half o'clock, be of way for railroad purposes through certain lands of the United set apart for the consideration of House bill No. 5636, in reference to States in Richmond County, New York; which was read a first and the debris question in California, subject to appropriation bills and second time, referred to the Committee on Military Affairs, and or the tariff bill. Is there objection Y dered to be printed. Mr:· HOSTETLER. I object. COLONEL I. C. WOODRUFF. Mr. BUCKNER. I ask unanimous consent that every evening not Mr. COVERT also introduced a bill (H. R. No. 6230) to relieve the already assigned be set apart for the consideration of business on the estate of Colonel Israel C. Woodruff, Corps of Engineers United House Calendar. States Army, late engineer of the third light-house district; which Objection was made. was read a :first and second time, referred to the Committee on Ex DISTRICT OF COLUMBIA. POLICE FORCE. penditures in the Treasury Department, and ordered to be printed. The SPEAKER. This being the third Monday of the month~ o~ LIEUTENA...."'IT-COLONEL JA.l\IES C. DUA.NE. which, after the call of States, motions from committees for suspen Mr. COVERT also introduced a bill (H. R. No. 6231) to relieve sion of the rules are in order, the first question is on the unfinished busi-. Lieutenant-Colonel James C. Duane, Corps of Engineers, brevet brig ness coming over from the third Monday of April, being the motion adier-general United States Army, engineer of the second and third of the gentleman from Virginia, [Mr. HUNTON,] to suspend the rules light-house districts; which was read a :first and second time, referred and pass a bill which will be read. to the Committee on Expenditures in the Treaaury Department, and The Clerk read as follows : ordered to be printed. .A. bill (H. R. No. 4567) to provide for the increase of the Metropolitan police force PAYMENT OF ACCRUED PENSIONS. of the District of Columbia.. · Be it enacted, cfc., That the Commissioners of the District of Columbia are hereby Mr. STONE introduced a bill (H. R. No. 6232) to amend section authorized and empowered to appoint one additional inspector of police at a. salary 4718 of the Revised Statutes in relation to the payment of accrued not exceeding $150 per month, one clerk at a salary not exceed.in~ $100 per month, pension-money due at the time of the death of a pensioner or a person and :is many additional privates or patrolmen, not exceeding one nundred, at sala. · having a claim pending for a pension; which was read a first and ries not exceed1ng $60 per month ea-0h, as may be necessary from time to ti.me to preserve the peace and good order of the Dist.rict; and in the appointment of pri· second time, referred to the Committee on Invalid Pensions, and or vates or patrolmen hereaft.er the sa.id commissioners shall not be required to appoint dered to be printed. only persons who have served in the.A.rmy and Navy of the United States and have received an honorable dischar!!:e therefrom. ABANDONED HOMESTEAD ENTRIES. . SEC. 2. This act shall ta.ke effect from and after its passage. Mr. FORNEY introduced a bill (H. R. No. 6233) to provide for dis posing of land.3 embraced in abandoned homestead entries in Ala Mr. ALDRICH, of Rhode Island. I suggest to the gentleman from bama, Florida, Mississippi, Louisiana, and Arkansas at ordinary pri Virginia that in order to remove all opposition to this bill he strike m1t vate sale ; which was read a first and second time, referred to the the provision of the first section in relation to the appointment of Committee on the Public Lands, and ordered to be printed. soldters on the police. If that be struck out I presume there will be no opposition to the bill. METER FOR DISTILLERIES. Mr. HUNTON. In answer to the gentleman I will sa.y that the Mr. WIDTTHORNE introduced :i. joint resolution (H. R. No. 303) to motion is to suspend the rules and consider the bill. If that motion adopt a suitable meter to accurately measure the quantity and test should prevail I will, before asking the previous question, give way the gravity and temperature of distilled and malt liquors, and to to a,ny gentleman on the other side to make the amendment suggested make automatic register of the same, and appropriating $280,000 for and have it voted on. placing them in use on distilleries; which was read a first and second The SPEAKER. The Chair is advised by the journal clerk that time, referred to the Committee on Ways and Means, and ordered to the motion of the gentleman from Virginia, as shown by the journal, · be printed. is to suspend the rules and pass the bill. W. C. MA.RSH. 1\Ir. HUNTON. I did not so understand. Mr. ATKINS introduced a bill (H. R. No. 6234) for the relief of W. Mr. CONGER. I hope the gentleman from Virginia will con-sent C. Marsh; which was read a first and second time, referred to the to allow new appointments to the police force to be made under the Committee on War Claims, and ordered to be printed. law as it is, or as it may be changed in the code now under consider ation. JAMES BUCHANA..1."'!'. Mr. REA.GAN. I object to debate . .Mr. STEVENSON introduced a bill (H. R. No. 6235) for the relief Mr. CONGER. If the provision already indicated be struck out, of James Buchanan, late a member of Company I, Thirty-first Regi there will be no objection to the passage of the bill; otherwise we on . ment Ohio Volunteers; which was read a first and second time, re this_side of the House must oppose it. ferred to the Committee on Invalid Pensions, and ordered to be The SPEAKER. Dees the gentleman from Virginia modify his · printed. motion' 1880. CONGRESSIONAL RECORD-HOUSE. 3433 Mr. HUNTON. No, sir. The following pairs were announced from the Clerk's desk : The SPEAKER. Then the motion is to suspend the rules and pass Mr. MA.RTL~, of Delaware, with Mr. SMITH, of Pennsylvania. the bill. Mr. YOUNG, of Tennessee, with Mr. SHALLENBERGER. Mr. CONGER. I hope this side of the Roll.Be will vote against it. Mr. JOHNSTO~ with Mr. ROBESO~. Mr. COX. I ask that the bill be again read. Mr. LAPHA.111 with Mr. NEW. The bill was again read. · · Mr. NEW. I am paired with Mr. LAPHAM, but being informed he The question being put on seconding the motion to suspend the would also vote in the negative I have voted. rules, the Speaker declared that the ayes appeared to prevail. Mr. SPEER with Mr. FISHER. · Mr. CONGER. I call for a division. Mr. GIBSON with Mr. HUMPHREY. The SPEAKER. A division being called for, the Chair will ap Mr. JAMES with Mr. O'BRIEN. point tellers. Mr. DUNN with Mr. HARRIS, of Massachusetts. Mr. CONGER. I withdraw the call for a division. Let the vote Mr. MYERS with Mr. FORT. be taken on the question of suspension. Mr. PRESCOTT with 1.Jr. ROBERTSON. The motion to suspend the rules was seconded. Mr. BAYNE with Mr. THOMPSON of Kentucky. The SPEAKER. The question now is, shall the rules be suspended Mr. McMAHON with Mr. UR..~R. and the bill passed Y Mr. SINGLETO~, of Illinois, with Mr. Mn.Es. The question being put, Mr. TALBOTT with 1\fr. OVERTON. The SPEAKER said: In the opinion of the Cha· two-thirds havo Mr. TALBOTT. That is a mistake. I am paired with Mr. BRIG- not voted in the affirmative. HAM, of New Jersey. Mr. HUNTON. I call for the yeas and nays. Mr. BELTZHOOVER with Mr. MASON. The yeas and nays were ordered. Mr. SHELLEY with Mr. CAMP. The question was taken; and it was decided in the neflative-yeas Mr. THOMAS TuR..'IBR with Mr. McGOWAN. 86, noes 121, not voting 85; as follows : Mr. STARIN with Mr. HElli--WON. Mr. MORTON with Mr. EWING. YEAS-86. Acklen, Dibrell, Ketcham, Sawyer, SURPLUS OF MILITARY ASSESSME:NT. Aiken, Dickey, Kimmel, Scales, Mr. BRAGG. Mr. Speaker, under instructions of the Committee Armfield, Elam, Kitchin Simonton, Beale, Ellis, Klotz. ' Singlet.on, O. R. on War Claims I move to suspend the rules and discharge the Com :Berry, Evins, LeFevre, Slemons. mittee of the Whole Honse on the Private Calendar from the further :Bicknell, Pelton, Mannin~, Smith, Hezekiah B. consideration of the bill (H. R. No. 6033) to pay Hiram Johnston and :Blackburn, Forney, McKenzie, Smith, William E. other persons herein named the several sums of money herein speci :Bliss, Goode, McLane, Steele, Cabell, Gunter, McMillin, Stephens, fied, being the surplus of a. military assessment paid by them and ac Caldwell, Hammond. N . .J. Milla, Thompson, P. :B. counted for to the United States in excess of the amount required for Carlisle, Harris, .John T. Money, Townshend, R. W. the indemnity for which it was levied and collected, and that the Chalmers, Hatch, :Muldrow, Tucker, same be passed. Clardy, Henkle, O'Connor, Turner, Oscar Clark, .John :B. Henry, Persons, Upson, The bill was read, as follows : ConYerse, Herbert, Philips, Vance, Be it enactecf., cfc., That the Secretary of the Treas~y be, and he is hereby, au Cook. Hooker, Phister. Weaver, thorized and directed to pay, out of any money in the Treasury not otherwise Covert, Hull. Poehler, Wellborn, appropriated, the respective sums of money, as hereinafter provided, to the respect Cox, Hunton, Reagan, Whiteaker, ive persons named h erein or to their heirs or legal representatives, to wit: To H. Cravens, Hnrd, Richardson, .J. S. Whitthorne, Johnson, 659.86; to Stephen M. Johnson, $659:86; to D. J. Franklin, $130.48; to Davidson, Hutchins, ' Rothwell. Williams, Thomru:i. Josiah Franklin, 156.60; to Nat Buckley, 261.20; to John Tnll, 313.49; to Elias Davis, .Joseph .r. .Jones, Ryon, .John W • :Bray, $391.92; to Dr. G. Johnson, $156.60; to Harrison Trice, 261.20; to Jeremiah Davis, Lowndes H. Kenna, Samford, Crook, sr., 1522.41; to Willis Arnold, $5,213.89; to Arch Mccorkle, $391.92; to G. L. Ross, 1,306.91; to S. L. Ross, l ,306.91; to .John M. Hart., $52i.41; to William NAYS-121. A. :Brummer, 01.69; to .John D. Smith, ..,261.20; to A. :B. Crook,. 261.20; to Daniel Aldrich, Nelson W. Culberson, Hubbell, Russell, William A. McCollum, $261.20; to Jeff. Jones, 130.48; to '£homas McGill. 156.61; to James: Aldrich, William Daggett, Joyce, Ryan, Thomas Ledbetter, $156.61; t.o William Ozier, $52-2.41; to .Elijah Bond, :261.20; to John L. Anderson, Davis, George R. Kelley, Sapp, Cawthon; 522.41; to William Hall 52-2.41; to Carroll Beaver, 522.41; to John Atherton, Davis, Horace Killinger, Sherwin, West, $659.86; toJamesClifford, S';Z61.20; to O. F. Hendrix, $784.04; to Frank Caw :Bailey, Deering, Ladd, Sparks, thon, $313.49; to James Cawthon, el30.49; to S. E. Grider, 130.49 ; to Silas Grider, :Baker, Deuster, Lewis, Springer, 130.49; to John Robinson, $240.34; to Hugh McKnight, $200.25; to John G. Smith, :Ballon, Dick, Lindsey, Stevenson, $79.96; to Caleb McKnight, 200.25; to James Thomas, 16200 25; to William P. Barber. Dunnell, Lorinfu Stone, Walker, 120.06; to A. C. Ro~rs. $341.55; to Tison G. Maness, $561.C>-2; to William :Belford, Dwight, Louns ery, Taylor, H. Bond, $120.06; to F. M . ..tSa.llard, 240.34 i.,.to Stephen MassenJtill, $120.06; to :B~ham, Einstein, Marsh, Thomas, William -Shrink, 440.82; to Keton 1U. Jones, ;;>Jfil.15. In all, $22,271.25. :Bl e, Errett, Martin, :Benj. F. Thompson, W. G. :Bland, ]i'arr, Martin, .Joseph J . Townsend, Amos Mr. TOWNSHE~TD, of Illinois. l\fr. Speaker, I desire to know :Bouck, Ferdon, McCoid, Tyler, something in regard to this bill. I should like the gentleman from Boyd, Field, McCook, Updegraff, Thomas Wisconsin to make a statement of the purposes of the bill. :Brewer, Ford, McKinley, Valentine, Mr. BRAGG. If the gentleman from Illinois will read the report :Briggs, Frye, Mitchell, Vau..A.ernam, :Browne, Geddes, Monroe, Voorhis, accompanying the bill from the Committee on War Claims he will :Buckner, Godshalk, Neal, Waddill, find as full a statement of the facts involved as possibly could b& :Burrows, Hall, New, Wait, made. Butterworth, Hammond, John Newberry, Ward, .The SPEAKER. It is reported from the Committee on War Claims,. Calkins, Harmer, Norcross, Warner, Cannon, Haskell, O'Neill, Washburn, and is a claim against money in the Treasury. The gentleman from Carpenter, Hawk, Orth, White, Wisconsin, under instructions from that committee, moves to sus Caswe~ Hazelton, Pacheco, Willits pend the rules and pass the bill. The question is on seconding the Chitten en, Heilman, Page, Wilson', motion for the suspension of the rules. Claflin, · Henderson, Phelps, Wood, Walter A. Cobb, Hill, Ponnd, Wright, Mr. WHITE. I want to know from the chairman of the Committee Co:ffroth, Hiscock, Price, Young, Thomas L. on 'Var Claims, who reported this bill, whether he has the evidence Conger, Horr, Reed, that General Grant, who was the general in command of the district Cowgill, Hostetler, RQbinson, Crapo, Honk, Ross, .in which this assessment was paid, disapproved of the order or the levying of this amount upon the persons named in this bill 'I NOT VOTING-85. Mr. BRAGG. I answer the gentleman from Pennsylvania by say Atkins, Frost, Miles, Shelley, ing that General Grant's provost-marshal general, who received the Bachman, Garfield, Miller, Singleton, J. W. :Barlow, . Gibson, Morrisen, Smith, A. Herr money, testified before the Military Committee of this House that :Bayne, Gillette, Morse, .Speer, that money was in excess of the amount authorized to be levied by :Beltzhoover, Harris, :Benj. W. Morton, Starin, General Grant. . :Blount, Hawley, Muller, Talbott~ Mr. WHITE. Mr. Speaker, a.t the last session I opposed this or a, :Bowman, Hayes, Murch, Tillman, Bragg, Herndon, Myers, Turner, Thomas similar bill; I opposed the principle involved. I have examined the Brigham, Honse, Nicholls, Updegraff, J. T. pending bill-- :Bright, Humphrey, O'Brien, Urner, Mr. REAGAN. I object to debate on a motion to suspend the rules. Camp, James, O'Reilly, Van Voorhis, The SPEAKER. The gentleman has a right to debate between the Clark, ..A.lvah A. Johnston, Osmer, Wells, Clymer, Jorgensen, Overton, Wilber, seconding .of the motion for the suspension of the rules and the vote Colerick, Keifer, Pierce, Williams, C. G. on the motion to suspend the rules and pass the bill. Crowley, King, Prescott, Willis, Mr. REAGAN. Very well, let the debate take place when it is in De La Matyr, Knott, Rice, Wise, order. I do not want the gentleman to debate it now, and also de Dunn, Lapham, Richardson,D.P. Wood, Fernando Ewing, Lowe, Richmond, Yocum, bate it then. Finley, Martin, Edward L. Robertson, Yonng, Casey. Mr. WHIT,E. I merely desire to be consistent with my former Fisher, Mason, Robeson, position. Forsythe, McGowan, Russell, Daniel L. Mr. REAGAN. The gentleman can explain in the proper time, and Fort~ McMahon, Shallenberger, not have two debates on it. So (two-thirds not having voted in the affirmative) the rules were Mr. WHITE. Very well. not suspended, and the bill was not passed. The SPEAKER. The Chair will submit the vote for a aecond upon .3434 CONGRESSIONAL RECORD- HOUSEa MAY 17, the demand for the previous question; after which he will recognize Mr. MITCHELL said: I desire to ask, Mr. Speaker, if there is a the gentleman from Pennsylvania to make the statement he desires. report accompanying this bill Y The previous question was seconded. ' The SPEAKER pro tempore, (Mr. SIMONTON in the chair.) It is not The SPEAKER. The gentleman from Pennsylvania is now recog in order to int errupt the reading of the bill at this time. nized under the rules. Mr. MITCHELL. I wish to call the attention of the Chair to the .Mr. WHITE. I will not enter upon extended debate. A bill sim fact that under the rules a report is required to accompany each bill. ilar to the one pending was before the House in the last Con Mr. REAGAN. This is a motion to suspend the rules and pass the .gress. It was essentially different from this one. I opposed that bill, and one of the rules proposed to be suspended is the very rule bill, ancl was, I may say, instrumental in its defeat. The former bill to which the gentleman from Pennsylvania refers. provided to·refund to the parties named all the money which ha.d l\fr. MITCHELL. I understand that. I inquire if there is a report been collected from them, as well that which had been levied to in accompanying the bill V -demnify the Government for losses and injury to its property as that Mr. REAGAN. There is not. collected on the pretext of reimbursing private citizens for their Mr. MITCHELL. I ask the question because some gentlemen losses. The pending measure · different. A word as to the facts around roe here desire me to withdraw the call for the reading ~f the will explain the difference between the pending and the former meas bill, and I wished to make the inquiry if there is a report accouipa ure. It would seem a rebel raid was made into Henderson, Tennessee, nying it before doing so. a station on the Mobile and Ohio Railroad, where there were some l\!r. KENNA.. •This is a very important bill, and should be read at United States troops. By this raid about 5,080 worth of cotton and length. .arms and camp equipage belonging to the United States.were burned The SPEAKER pro tempore. It is not in order to interrupt the .and captured. At the same time it seems there was cotton belonging .reading of the bill at this time. to private persons to the value of about '18,000 destroyed, and also Mr. MITCHELL. Very well; some other gentleman, then, is re about $3!500 worth of railway property destroyed. The commandant sponsible for the demand for the reading. -of the Union forces at the post of Bethel, Tennessee, ordered an assess The SPEAKER pro tenipore. Demand has been made on the other ment on the rebel sympathizers in the neighborhood of about $27,000. side of the House for the reading. ·Geneml Grant at the time was commanding the department. He had The Clerk resumed and concluded the reading of the bill. It is as issued a general order for the department, authorizincr the levy and follows: -contribution from rebel citizens of the locality to reimburse the Gov Be it enacted, &c. , That the following sofil8 of money be, and :ire llereby, appro· ·ernment for losses sustained to its property froni rebel raids ancl dep priated, to be paid oat of any money in the Treasury not otherwise appropriated, redations. This order was for the benefit of the Government and not to be expended, under the direction of the Secretary of War, for the construction, repair, completion, and preservation of the public works hereinafter named. -0f private citizens. He subsequently, as it appears, r efused to recog Improving t he gut opposite Bath, Maine: Continuing improvement, 7,000. nize the right of private claimants to any portion of this fund. It Improving hartior at Belfast, Maine: Continuing operations, $3,000. would have been competent, it is conceived, to have levied contribu Improving Richmond Island Harbor, Maine : Continuing operations, $3.000. tions for the reimbursement of losses to private loyal citizens, but it Improving harbor at Portsmouth, New Hampshire: Continuing improvement, $25,000. was not, as the committee in their report say, done in this case. Improv:ing harbor at Burlington, Vermont: Continuing improvement, $10,000. The situation, then, is this: The Government got the $5,080 for losses Improving harbor at Swanton, Vermont: Continuing improvement, J,500, to the public property and holds the residue, $2"2,271.3G, having re Improving harbor at Plymouth, Massachusetts: Continuing oper:i.tions, $5,000. fused any privat e claims. Now, it is quite true Congress could re Improving harbor at Provincetown, Massachusetts : Maintenanco and annual repairs, 500. fuse to return this money to the persons who paid it because they were Improving harbor at Bridg.,e_port, Connecticut: Continuing improvement, $10,000. rebels or rebeI sympathizers. But, sir, under the circumstances of the Improving Nantucket Haroor, llassli Improving harbor at Black Lake, Michigan: Continuing operations, $6,000. Improving Urbana Creek, Virginia.: Continuing improvement, $2,500. Improving harbor at Charlevoix, Michigan: Continuing improvement, 10,00Q. Improving Great Kanawha River and operation of works, West Virginia : Con- Improving harbor at Boston, Massachusetts, e15,000: of which sum 0,000 shall tinuing improvement, $200,000. be expended in the said harbor; e22,500 at the mouth of Charles River in said har Improving Gnyandotte River, West Virginia: Continuing improvement) $2,000. bor and up to Watertown; 17,500 in said harbor at mouth of Mystic River, and Improving Cape Fear River, North Carolina: Continuing improvement, 40,000. $5,000 from said harbor to Nant.asket Beach. Continuing improvement of Currituck Souml, Coan,iok Bay, and North River Improving harbor at Cheboygan, Michi,.,an: Continuing operations, $6,000. Bar, North ~arolina: Continuing improvement, $25,000. Improving harbor at Grand Haven, Mic'hlgan: Continmng operations, 10,000. Improving French Broad River, North Carolina: Continuing improvement, 83,000. Harbor of refage at Lake Huron: Continuing operations, 75,000. Improving Neuse River, North Carolina: Continuing improvement, $15,000. Improving harbor at Ludington, Michigan: Continuing operations, $8,000. Improving Pamlico River, North Carolina.: Continuing opemtions, $3 ,000. Improving harbor at Manistee, Michi!?an: Continuing improvement, $10,000. Improving Roanoke Rivor, North Carolina: Continuing improvement, $:!,000. Improving harbor at Marquette, Michigan : For repairs of existing work, "l, 000. Improving Scuppernonz~River, North Carolina: Continuing improvement, $1 000. Improving harbor at Monroe, Michigan: Continuing operations, $2,000. Imrroving Tar River . .r.orth Carolina: Continuing improvement, e2,000. Improving Manistique Harbor, Michigan, $5,000. Improving Trent River, North Carolina: Continuing improvement, 1$5,000. Improving harbor at Muskegon, Michigan: Continuing operations, 5,000. Improving Chattahoochee River, Georgia: Continuin~ improvement, $20,000. Improving harbor at Ontonagon, Michigan: Continuing improv-ement, $15,000; Improving Coosa River, Georgia and Alabama: \Jontinning improvement, of which sum 2,000 shall be expended in aredging. $75,000. Improviug harbor at Pent ·water, Michitran: Continuing operations, $4,000. Improving Flint River, Georgia : Continuing improvement~ 20,000; of which Harbor of refuge at Portage Lake, Lake Michigan: Continuing operations, sum $10,000 shall be expended below Albany, and 10,000 between Albany ant} $10,000. Montezuma.. Improving river and harbor at Saint Joseph, Michigan, including channel lead- Improving Ocmnlgee River, Georgia.: Continuing operations, 87,000. ing up to Benton Harbor: Continuing operations, $6,000. Improvfog Oconee R iver, Georgia : Continuing operations, $1,500. Improving harbor at Saugatuck, Michigan : Continuing improvement~ 5,000. Improving Oostena.nla. and Coosawattee Rivers, Georgia: Continuing operations, Improving harbor at South Haven, Minhigan: Continuing improvement, $5,000. 2,000. Improving harbor at White River, Michigan: Continuing operations, 5,000. Improving ..A.pala.cbicola. River, Florida: Continuing improvement, 2,000. Improving harbor at Ahnapee, Wisconsin: Continuing improvement, 7,000. Improving ..A.pa.la-0hicola. Bay, Florida, 810.000. Improving harbor at Green Bay, Wisconsin: Continuing improvement, $6,000. Improving Choctawhatchee River, Florida. and Alabama., up to Newton: Con· Improving harbor at Kenosha., Wisconsin: Continuing improvement, $5,000. tinning operations, $7,000. Improving harbor at Manitowoc, Wisconsin: Continumg operations, $7,000. Improving Inside P a-ssage between Fernandina and Saint John's, Florida: Con Improving harbor at Menomonee, Wisconsin: Continuing improvement, $10,000. tinuing improvement, $7,000. Improving harbor at Milwaukee, Wisconsin: Continuing operations, 10,000. Improving Alabama River, Alabama.: Continuing improvement, $25,000. Improving harbor at Port Washington, Wisconsin: Continuing improvement, Improving Warrior and Tombigbee Rivers, Alabama and Mississippi, $47,000; 20 000. of which sum $20,000 shall be expended on the Warrior, $12,000 on tho Tombigbee hnproving harbor at Racine, Wisconsin: Continuing operations, $6,000. between Columbus and Vienna, and $15,000 on the Tombigbee below Vienna. Improving harbor at Sheboygan, Wisconsin: Repairs and dredging. 7,000. Improving Tombigbee River above Col ambus, .Mississippi : Continuing improve- Improving Superior Bay, Wisconsin: Dredgiug for improvement of natural en- ment, $4, 000. trance, $4,0UO. Improving Big Sunflower River, Mississippi: Continuing improvement, a,000. Harbor of refuge at entrance of Sturgeon Bay Canal, Wisconsin: Continuin~ Improving Coldwater River, Mississippi: Continuing improvement, $4,000. improvement, 10,000: P Improving Mississippi River, from Saint Paul to Des Moines Rapids: Continu Improving Stonington Harbor, Connecticut. 25,000. ing improvement, ·150,000; Provided, That 3,500 of said sum may, in the discre Improving Broadkiln RivAr, Dela.ware, $5,000. tion of the Chief of Engineers1 be expended in closing the slough at the confl.nence · Improving the mouLh of Duck Creek, Delaware, 5,000. . of the Minnesota. and :Mississippi Rivers. Improving Broad Creek from its mouth to Laurel, Delaware, $5,000. Improving Mississippi River, from Des Moines Rapids to mouth of Illinois Improving Northeast River, Maryland, $5,500. - River: Continuing improvement, $100,000. Improving Treadhaven Creek, Maryland, for three miles below Easto!lt. $3,000. Improving Mississippi River a.t Quincy, Illinois: Continuing ,improvement, Improving Choptank River between Denton and Greensborough, .mar:vland, $25,000. ~~ . Removing ba.r in the Mississippi River, opposite Dubuque, Iowa: Continuing Improving Secretary Creek, Maryland, $3,000. operations, 3,500. "Improving Dan River between Danville, Virginia, and Madison, North Carolina,. Improving Rock Island Rapids, Mississippi River: Continuing improvement, 10,000. ~000. . Improving Elk River, West Virginia, $5,000. Improving Des Moines Rapids: Continuing improvement, "20,000. Improving Escambia River, Florida and Alabama., $8,000. Operating the canal at Des Moines Rapids: Continuing operations of the canal, Improving Suwannee River, Florida., $5,000. $30 000. Improving Tampa Bay, Florida, 10,000. Annual expense of gauging the waters of the Mississippi River and its tributa Improving Tangipahoa. River, Louisiana, $5,000. ries: Continuing observations of the rise and fall of the river and its chief tributa Improving channel over bar at month of Brazos River, Texas, including a report ries, as required by joint resolution of February 21, 1871, $5,000. upon the capa-Oity of the harbor at the mouth of the Brazos and its adaptability a.s a. Improving Upper Mi11sissippi River: Operating snag-boat, 8,000. harbor ofrefugeandnaval station, 40,000. . Improving the Osage River, Kansas and Missouri : Continuing the improvement, Improving Saline River, .Aikansas, 7,500. • $30 000. Survey of the Missouri River from its mouth to Sioux City, Iowa, &30,000. !~proving Missouri River at Atchison, Kansas: Continuing operations, $20,000. Improving Missouri River, at Saint Charles, Missouri, 25,000. Improving Missouri River at Cedar City: Continuing improvement, $15,000. Improving Mississippi River at and above the city of Alexandria, Missouri,. Improving Missouri River at Council Bluffs, Iowa, and at Omaha, Nebraska: $10,000. Continuing operations, $20,000. ImprovingCane;r. Fork River, Tennessee, $6,000. Improving Missouri River at Eastport, Iowa, and at Nebraska City, Nebraska: Improving Obed s River, Tennessee, $4,000. Continuing operations, 14,000. Improving Monon~ela Rivor, West Virginia, at or near Laurel Run, according: Improving Missouri River at or near Fort Leavenworth: Continuing improve to plan recommendeu by engineer in charge, 25,000. ment, 8,000. Improving Little Kanawha River, West Virginia, building additional lock and Improving Missouri River at and near Glasgow : Continuing improvement, dam, 15,000. $20,000. Improving Wilson Harbor, New York, $10,000. Improving Missouri River at and near Kansas City: Continuin~ improvement, Improving Waddington Harbor, New York, $3,000. $25,000; which sum may be expended on either side of the river, m the discretion Improving San .Joaquin River, California, $15,000. of the engineer. Improving Mattaponi River, Virginia, 2,500. Improving Missouri River opposite Saint.Joseph : Continuing operations, $20, 000. Improving Petalnmas Creek, California, $8,000. Improving Missouri Riyer at Sioux City, Iowa.: Continuing operations, 8,000. Improving Cowlitz River, Washington Territory, $2,000. Improving Missouri River at Vermillion, Dakota.: Continuing the improvement, Improving Big Hatchie River, Tennessee, $10,000. 10,000. Improving :Mississippi River at or near Cape Girardeau and :Minton's Point, Mis- Improving Missouri River, above mouth of the Yellowstone River: Continuing souri, 20,000. . the improvement, $25,000. Improving Gasconade River, Missouri, removing snags, -,ooo. Improving Detroit River, Michi~an : Continuing operations, $50,000. Improving Black River, .Aikamms, $5,000. Improving SaO'inaw River, Michigan: Contin,uing operations, $10,000; of which Improving Noxubee River, Mississippi, 12,000. sum $5,000 shaWbe e~'Jlended for removal of bar at mouth of Saginaw River. Improving Mississippi River at Hannibal, Missouri, $25,000. Improving Saint Clair Flats, Michigan: Repairs of canal, $2,500. · Improving and surveying Winnipiseogee Lake, New Hampshire, 2,500. Improving the Chippewa River, Wisconsin: Continuing the improvement, Improving Duck River, Tennessee, 7,000. 10,GOO; but this sum is appropriated subject to tho same conditions and limita Improving Waccemaw River, South Carolina, up to Conwayborougb, $9,000. tions imposed by section 1 of the act approved March 3, 1879, for the improvement Improving Great Pedee River, South Carolina, $7,000. • of rivers and harbors, relating to said Chippewa. River. Improving Totusky River, Virginia, 2,500. Improving Fox and Wisconsin Rivers, Wisconsin: Continuing improvement, Improving York River at West Point, Virginia, $10,000. 125,000 : of which sum $50,000 shall be expended in continuing the improvement Improving Pamunkey River, Virginia, $2,500. of the Wisconsin, and $75,000 for continuing the improvement of the Fox River; Improving French :Broad River, Tennessee, between Knoxville and Leadvale, of which last sum $3,000 may, in the discretion of the engineers, be expended at $10,000. the month of the Fond dn Lac. Improvin$ the falls of the Cumberland River, Kentucky, according to plan rec· Improving Red River of the North, Minnesota and Dakota.: Continuing im· ommended oy W. R. King, ma.ior of Engineers, $35,000. . provement, $20,000. For r epair of pier in Rocky River, Ohio, $4,000. Repairs ancl contingencies of public works at Saint Anthony's Falls, Minnesota: For ice-harbor at Saint Louis, Missouri, 50,000: Provided, That no part of this To meet repairs necessary, present and prospective, $10,000. sum shall be expended until a board of engineers shall have been convened and Improving Upper Red River, from Fulton to the head of the raft: Continuing determined upon a plan· for the construction of the work. improvement, $4,UOO. . Improving harbor at Rock Island, Illinois, $5,000. Improving Saint Croix River, below Taylor's Falls : Continuing improvement, For ice-harbor at Marcus Hook, Pennsylvania, commencing enlargement of piers 10,000; of which sum $300, or so much thereof as in the opinion of the engineers and dredging, $35,000. in charge may be necessary, shall be expended in the improvement of the slough Improving Shenandoah River, West Virginia, 5,000. on the east side of said river, known as the canal between Four-Mile Island and Improving Connecticut River, between Hartford and Holyoke, 15,000. the foot of the Saint Croix Boom. " For protecting Rock Island bridge by means of &heer-booms, '1,000: Provided, • Improvin~ Lower Clearwater River, Idaho: Continuing operations, $5,000. Said sum shall not be expended until the Rock Island Railroad Company shall Constructing canals around Cascades of Columbia River: Continuing operations, have contributed a. like sum for said purpose. $100,000. For harbor at Waukegan, Illinois, 15,000: Pro11ided, That this sum shall not be Improving Upper Columbia River, including Snake Rh·er: Continuing improve expended until a board of three engineers shall have been convened and selected ment, $15,000. the site, and until any local or pri"\"'ate property interests to be affectecl by the im· Impronng Upper Willamette River: Continuing improvement, $12, 000. provement or the use thereof shall have been transferred or relinqnishen, free of Improving Lower Willamette and Columbia Rivers, from Portland, Oregon, to cost to the United States : And provided ftirtlier, That the total cost of such hlll'· the sea: Continuing improvement, $45,000. bor shall not exceed the estimare of 110,000. Improving Sacramento River, California: Continuing improvement, $30,000. Improving Clinch River, Tennessee, $10,000; of which sum 6,000 shall be ex Examinations and surveys of South Pass of Mississippi liiver: To ascertain the pended above Haynes, in Clayburn County, and $4,000 below saidloint. depth of water and width of channel secured and maintained from time to time by Improving Oakland Harbor, California, $60,000; and the sums o money hereto .James B. Eads at the South Pass of the Mississippi River, and to enable the Sec fore appropriated for this improvement are hereby reappropriated, but the sums.. retary of War to report during the maintenance of the work, $20,000. so appropriated and reappropriatecl shall not· be available until the riD"ht of the Improving the channel of Susquehanna River, above and below Havre de Grace, United States to the bed of the estuary ancl training-walls of this work is secured, and to complete the work at the Fishing Battery light.station, near Spesutia Isl free of expense to the Government, in a manner satisfactory to the Secretary of and, ~.ooo. War. Impro"\"'ing and operating Saint Mary's River and Saint Mary's Falls Canal, Improving Sullivan's Island for protection of Charleston Harbor, South Caro 250,000. And the Secretary of War is hereby authorized to accept on behalf of lina, $5,000. the United States from tho State of Michigan the Saint Mary's Canal and the pub Improving Chehalis River, Washington Territory, $5,000. lic worl Improving Savannah River, above Augusta, ~orgia, $12,000. Tradewater River, Kentucky. Improving Saint John's River, Florida, by deepening the bar at the moutp. Harbor :i.t Grand Gulf, Mississippi. thereof, ~125,000. Ogdensburgh Harbor, New York. Such parts of the money appropriated by this act for any particular improve- Maramec River, Missouri, from the mouth to the town of Union, Franklin County, ment requiring locks and dams as may be necessary in the prosecution of such im- Missouri. pro>ement may bo expended in the purchase, voluntary or by condemnation, as Obion River, Tennessee. the case may be, of necessary sites: Provided, That such expenditure shall be un- South Forked Deer River, Tennessee. derthe direction of the Secretary of War: And provided further, That if tho own- North Forked Deer River, Tennessee. ers of such lands shall refusotosell them at reasonable prices, then the prices to be That part of the north branch of the Chicago River lying in tho town of Lake paid shall be determined and the title and jurisdiction procured in the manner pre- View. scribed by tho laws of the Stat-0 in which such lands or sites are situated. Bogue Chitto River, Louisiana, from its month to Franklinton. . Tho Secretary of War shall cause to be let by contract all public work author- Bogue Falla, Louisiana, from its mouth to twenty-five miles above Covington. ized under this act, except for surveys and estimates. Such contracts shall bemade West Pearl River. after sufficient public advertisement for proposals in such manner and form as the Pass Manchac and Bayon Manchac, Louisiana, from its month to the Mississippi Secretary of War shall prescribe; and such contracts shall be made with the low- River. est responsible bidders, accompanied by such securities as the Secretary of War Mississippi River, at Sank Rapids, near the city of Saint Cloud, :Minnesota. shall require, conditioned for thefaithfnlprosecutionof the work according to such Grand River, below Grand Rapids, Michigan. contract :mu for the proper payment of all liabilities incurred in the prosecution Gowanns Bay, New York. thereof for labor and material; but this clause shall not be so construed as to pre- Grass River, at Massena, Saint Lawrence County, New York. vent tho continuance of the prosecution of the improvement on theGreat Kanawha Missouri River, from Tugne Creek to one mile west of Chavette Creek, Warren by hired labor, unless the Secretary of War is satisfied that the public interest re- County, Missouri. quires such change. Cache River, Arkansas, a tributary of White River. SEC. 2. That the Secreta,ry of War is hereby directed, at his discretion, to cause The Bay. a tributary of Saint Franois River, Arkansas. examinations or surveys, or both, and estimates of cost of improvements proper, Mouth of Grand River and Missouri River, at Brunswick, with reference to boat to bo made at the following points, namely: landing at Brunswick, Missouri. Tallapoosa River, from the junction of Coosa up to Tallassee, Alabama. Buffiilo Bayon, Texas, from Simm's Bayo a. to the mouth of White Oak Bayou at New Rochelle Harbor, Westchester County, New York, from City Island to the Houston. Return estimates-of the cost of a channel twelve feet deep andonehun- town of New Rochelle. dred feet wide, also a channel twelve feet deep and one hundred and fifty feet Bronx River, or West Farms tide-water creek, from its mouth in the city of New wide. York. Month of Currioman Bay, Virginia. Mattawan Creek, from Raritan Bay channel to Central Railroad bridge, head of East Bay and Blackwater River, Florida. navigation. The Ohio River, at the hea • ... ., 3438 CONGRESSIONAL RECORD- HOUSE. MAY 17, Mr. MITCHELL. I respectfully call the attention of the Chair to Mr. TOWNSEND, of Ohio. The bill is here under instructions of the 13.tter part of clause 2, of Rule XVIII: the committee to ask for a suspension of the rules. And all bills, petitions, memorials, or resolutions 'reported from a. committee The SPEAKER. This is a motion to suspend the rules; that is, any shall be accompanied by reports in writing, which shall be printed. and all rules which interfere up to the question of passage. The Chair The SPEAKER. This is a proposition to suspend the rules, that refers to the following ruling of Speaker Colfax, July 5, 1867, when included. a similar point was raised : Mr. MITCHELL. I understand that; but here is a proposition on But the rules have been sus:;_>ended- that rule along with the others- to allow the part of the gentleman representing the Committee on Commerce, the introduction of the resolution. That rule, like all other rules, may be suspended, that the House shall pass a bill without requiring the report which as it has been in this case. this rule demands shall accompany it to be presented to the House The question is on seconding the motion to suspend the rules and for the consideration of members. pa.as the bill. The point I make is that this report must be made in writing or Mr. ?illTCHELL. I call for tellers. printed and submitted to the House for consideration. Tellers were ordered; and Mr. MITCHELL and Mr. REAGAN were The SPEAKER. The gentleman from Texas makes the motion, and appointed. submits the bill from the Committee on Commerce, and states that The House divided; and the tellers reported- ayes 148, noes 29. he submits it under instructions from the committee, with directions So the motion to suspend the rules was seconded. to move to suspend the rules and put the bill upon its passage. Mr. COX. I propose to occupy a short time in debating this bill Mr.1\HTCHELL. Now, what I want to know is, how can he be under the rule. We certainly have made some improvement in our instructed except by the action of the committee, and how can we rules when.we are permitted even a short time for debating suoh n. know what action the committee has taken in the matter except by bill as this. . the report which this rule requires? One of these rules requires that Mr. LOUNSBERY. I ask my colleague to yield to me for a moment. the report accompanying the bill shall be written or printed; and Mr. COX. I yield to my colleague one minute. , woulditnot bea wholesome method of proceeding here for the Speaker Mr. LOUNSBERY. I thank my colleague for one minute of time to require in every case that the committiee reporting a measure shall in which to oppose this bill. I shall trust to him to express my con be held to the language of that rule and give us some information or victions against the method by which these vast appropriations are reason for the bill which has been presented, so that we may act intel- made. But I propose to say for myself that it is my conviction based ligently upon it. upon the practical judgment of pilots and boat-owners, and the opin- Mr. REAGAN. If I had made a written report I could only have ions of engineers as well, that the money which has been spent by said I was authorized by the committee to move a suspension of the the State of New York, and the money which has been spent by the rules. I make that statement verbally, that I am authorized by the United States Government in the improvement of the navigation of committee to ask a suspension of the rules. We understood the mo- the Hudson River and on the East River will injure rather than im tion was for a suspension of all rules, and that a report, therefore, was prove the navigation of those rivers. For the natural difficulties not necessary; and in fact I do not see what good a report could do which have been removed there have been substituted artificial ones in reference to a bill of this description unless made at very great which operate just as much to form an impediment to the navigation. length. I believe that what I have stated is not applicable alone to the case Mr. CHALMERS. I make this point, that the gentleman from Texas I have mentioned but is applicable as a general remark to the money [Mr. REAGA~] is not in order to move to suspend the rules at all which has been spent for the improvement of water-courses of rivers. until he has first complied with the rnle which requires him to come All water-courses, as I believe, are a law unto themselves, and if that in· with a written report; that he cannot move to suspend the rules law be violated by artificial construction it will be resented and a because that is a condition-precedent to his ma.king that motion, and new obstruction will be formed by the water-courses in accordance be bas not complied with that condition·; that he has failed to come with the law which governs it. . into this House properly, and must go out. I think the point is well Mr. COX. I know very well that all opposition to this bill will taken by the gentleman from Pennsylvania, [Mr. MITCHELL,] that the be unavailing. The bill is made up, however, on a system which is gentleman from Texas cannot move to suspend the rules because he not altogether new; but it is a system against which there should be does not come with a written report. - a perpetual protest. Mr. MITCHELL. I have no disposition to interfere with the pas- This bill is not intended to embrace rivers and harbors connected sage of this bill, but I desire to make a further suggestion. I think with Federal commerce. It relates to State commerce, county com we should have some more light before we are called upon to act upon merce, village traffic, individual interests, mill-dam and water power. the bill. I understand this bill was reported to the Honse some time Many of these appropriations are not for the general interest. They ago, and was ordered by the Honse to be printed. If so, the bill are for local interests. I gather this, not merely from my little knowl should then have been accompanied by a report in writing. edge of American geography, but from an examination of this bill. Mr. RE.A.GAN. That objection is not made in time. It should have Rivers are put down and creeks are mentioned as being in" counties;" been made at the time the bill was reported, not now. streams are named that are within a State. They do not pass beyond Mr. MITCHELL. I say that that bill having been reported and the borders of a State, and oftentimes of a county. ordered to be printed it is not in order now for the chairman of the Now, I have no objection to any bill general in its character. committee to move to suspend the rules and pass this bill without an Give us a bill that reaches to promote objects of Federal commerce. accompanying report. If you will, let the improvement be of rivers and harbors that are The SPEAKER. Even if the bill was reported to the House, re- connected with the commerce of coast, lake, and inland seas. But a. £erred to the Committee of the Whole on the state of the Union, and bill of this kind should be resisted. After much debate through ordered to be printed, still there is nothing to prevent the gentleman many years I have learned temperately but firmly to resist its per from Texas from now moving to suspend the rules and di.scharge the nicious and composite quality. Let us, though in vain, resist it in Committee of the Whole from its further consideration, and to put the interest of the harbors and rivers that are really meritorious. the bill on its passage. The only effect of that would be to vary the If bills like this, of $8,206,000 and over, are presented year after motion. If this bill can receive a two-thirds vote of the Honse, the year they will in some eclipse of local greed fail, as they should. As Chair is unable to see how its passage by a suspension of the rules can somebody once said about something else, "they will fall by the be prevented; because it is a proposition to suspend every rule that weight of their own ponderosity.'1 [Laughter.] comes in conllict with that procedure. Can they stand examination They should go to the Committee Mr. MITCHELL. But the rule which authorized the gentleman of the Whole. While we may com.mend the diligence, industry, and from Texas to come in here this morning expressly requires that he honesty of the Committee on Commerce, any one can see by a glance should be authorized by a committee, and I submit that the author- at the names of the rivers, creeks, and bayous- " arms·of the sea," ity given by the committee should be in writing. forsooth- in this bill, that it is obnoxious to the objection that it is The SPEAKER. That is one of the obstructions which are removed not for Federal and general commerce. by the very motion to suspend the rules, which requires a. two-thirds Let me begin at home. Here is Buttermilk Channel, in New York. vote. I may be content with that in a proper connection. Here is Big Mr. MITCHELL. I think it is a clear rule of parliamentary law Sunflower, in Mississippi; Sawpawneslnlet,Longlsland; Muskingum, that a committee cannot act except by report. • Ohio, too much pronounced by the Clerk, as I know it as my na.tiye The SPEAKER. This isamotion the effectof whichsnspendsthat stream; Manistee, in Michigan; Cohansey, New Jersey; Wicomico- rule if it be carried by a two-thirds vote. ./ 4.,h,.e Lord knows where that is. [Laughter.] Then there is the Mr. TOWNSEND, of Ohio. I desire to say a word on the point Of C~ominy, in Virginia, celebrated for fighting but not for navi order. A very large number of bills for the improvement of rivers gation; ~Nomoni, Virginia; Stiµaquamish, Nooksack, and Snohomish, and harbors were introduced in this House and were referred to the Washingt Territory; Appoquinimink, Delaware; Cowlitz, Wash Commi.ttee on Commerce for consideration. That committee consid- ington Terri ; Mattaponi, Virginia; Salkehatchee, South Caro ered them and reported to the Honse a bill embodying those which lina; Calcasieu,..:i.ouisiana.; Shark Ri~er> New Je~y, <.~m'Pl,;>.'ofi!.~'i!. ~~ had been referred to the committee, and on which they took favora- the shark;) Wopi>oo Cut, South Carolina; and dozens and dozeDB of ble action. The House ordered the bill to be printed and recommitted places that may be ll .1• , ::Qut at least they are not known to our to the committee. It comes back now in the form of a report, and I ordinary geography, ()r to our ~neral Federal commercial interests. claim that that complies with the rule substantially. I do not know what particular~ I ha>e said1 or if I have not I intend now to say, that the system is not only nn- more money for the Treasury than we should or than we need. But just in all of its bearings upon the different sections of the country, but it is.kept in such a plethora there is no health. The bigger the sums collected up by log-rolling and bargaining- that it is the child of corruption, and ever has the more rapacious the greed. been. I undertake to say that no such general bill has ever passed which was not to a greater or less extent indebted to such corrupt combinations for its success. I yield to the gentleman from Mississippi, [1\.Ir. CHALMERS.] and if tho secret history and influences of such bills could be known they would It-Ir. CHALMERS. ~Ir. Speaker, how much time have IT disclose the fact. The SPEAKER. Six minutes. I am sometimes told that the system of intei'Dal improveme:ts.is kept ;p, and Mr. CHALMERS. Mr. Speaker, I oppose this bill, not for the rea- in that way llie public money is being distributed to other rivers; that the Ten- sons assigned by the gentleman from New York, [Mr. Cox,] but be ne see River is as national, as ccnstituti-Onal, andasdeservin[J asthoyare · and lam cause I think great injustice has been done in the bill to the region then asked why I do not get a part of the money while it is going. I admit all of of country which I in part represent. When the question of dividing these things; butthenldonotunderstandtheprincipleofmoralsorjusticewhich the work of committees was before this House and when we were teaches that because others do wrong! must do the sa.me thing-, or join the:m in their wron~ in order to make it right. If wrong in others,. it would bo equally so in me. urging that you should commit the interests of the Mississippi River I admit that the immediate injury to my constituents might not be so great if they and its tributaries to a separate committee and not leave those inter ccuZd obtain a, share of the spoils; but in the proportion of its diminution to them it ests to be guarded by the Committee on Commerce, many gentlemen would to that extent at least be increased upon those who could get no part of the r . th b nk f th 11.11·~ • • • d •t t "b t . ·a t money, beca~se of the want of a.n ?llject upon which to ex:pend it. I then ask my ivrng upon e a s o e .w..J.SS1SS1pp1 an 1 s n a aries sa1 o constituents if they would be willing to take the money of their follow-citizens of me, "The Committee on Commerce can always pass their bill under other sections of the Union against their will, and apply it to their own local pur- a suspension of rules; you had better trust your interest to the Com poses, merely because others were doing it? I am sure they would not. Would they mi ttee on Commerce, because otherwise yon will get nothing." Many be willing for others to take their money nnder the same circumstances 1 If they gentlemen voted against my proposition for a separate committee and would not, then let us remember and conform to tho golden rule- do as we-.would be done by. Suppose the Tennessee Rfrer did not run where it does and there was for giving this authority to the Committee on Commerce, believing it no navi!-iable ~tream within hi;mdreds of miles of my district; would my people not the best mode of getting appropriations for the Mississippi and its condemn mo if I were t-0 go mto the support of the system of internal improve- tributaries I sa· d the that if th t" 1 ft t th C "t ments, thereby appropriating their money to objects in New York or Massachu- . l n e ques ion were e o e omm1 - ~etts, wh~n there was no chance under the system for them to get any portion of tee on Commerce the money of the Government would be expended iti I belie'e such would be the c?u_rse ~f any peopl~ .. Then if unjust when they upon creeks and dry branches and not upon the great navigable were excluded, of course the same IDJUStice would e.nst if they were the recipients. streams of the country. The gentleman from Texas [ I\Ir. REAGAN] took OnrGovernmentisnotfortbeprotectionofthestrongagainsttbeweak orthemany me tot k · ht b"tt f k d 'd aiainst tho few. No such protection is needed, but the reverse-that tho weak as m a somew a 1 er manner or my remar s, an sa1 snail not bo P.l~derecl by the strong, or the few by the combinations of the many. there were no appropriations in any of his bills for creeks. But I find The great pnnc1ples of eternal and even-handedjustico, which lie at the founda- that the word ''creek" occurs twenty times in this bill now under !ion of on!" Government an?. its institutions, must be observed, or the Government consideration. is a curse mstead of a. blessing. The gentleman said farther at that time that the appropriations God bas blessed the man who thus spoke! Again to quote : of this character were simply for surveys. I have examined, and :find . How much comm~rce is necessary to m.ake i.t ~tional 1 Will some gentleman thn.t in only seven out of these twenty creeks surveys are provided; giye me tho true pomt or standard of nationality in a commercial point of view~ f all th t · · d Congress has f.ower to regulate commerce, &c., and if internal improvements are or e res appropr1at10ns are made to clear on't an improve the earned on unuer t?at clause, you have no right to require that the amount be over respective creeks by name. And while these creeks are to be cleaned or under any specifi~ S1;llll. Such a rule or standard is entirely arbitrary and nn- out, locked, and dammed, great navigable streams like the Ohio, Mis known to the Comititution. Yon must regulate commerce where>er it is found · d M. · · · t• I 1 t d whether it be ~ 10 , 000,000 or. 1ro,ooo,ooo. ~ho Constitution knows nothing about sour1, an 1SSIBStpp1, are com para Ive y neg ec e . amounts, and ma commerc1~ senso there 13 no such thing as nationality. If you Why, sir, the people of Vicks burgh to-day see their harbor being have powei; under that particuJ:u- clause to. clear. out rivers, you ha>e the same r apidly destroyed by that great cut-off of the Mississippi River; de power to cljg canals, make turnpike roacls, build railroads steamboat~ warehouses lay is destructive, and every hour that devouring stream sweeps the or do anythfug else which will promote and prosper the ~ommerce of' tho country' h::i,rbor further from our doors. The engineers of the United States both e,;.ternal and*internal. * * * * * ' have estimated that $300,000 is necessary to sa.ve that harbor. But I do say that ~any, v~ry ~any! of them are more or less nnder the infl.u9nce of I the Committee on Commerce come in here with a miserable, pitiful that system which obtams its triumphs by the favors, it can dispense among its appropriation oi $20,000 to save that great harbor, while at the same 3440 OONGRESSIONA£ RECORD-HOUSE. MAY 17, time they give $20,000 to Cheesequake's Creek in New Jersey. I have The SPEAKER. The gentleman from Texas [Mr. REAGAN] is ~n- asked gentlemen from New Jersey where this Cheesequake's Creek titled to the floor. . is to be found; and no man could tell me except to say that it was to Mr. REAGAN. I yield for one minute to the gentleman from Min- be found perhaps omewhere in the district of the member from New nesota, [Mr. DUNNELL.] Jersey who happened to be upon the Committee on Commerce. Mr. DUNNELL. Mr. Speaker, a service of four years on the Com- I look in this bill for appropriations for the great Mississippi River, mittee on Commerce has prepared me to examine the measure now :filled with snags and sand-bars from Cairo to its mouth; and I :find pending before the House with perhaps more care than I should have a pitifal appropriation of $100,000 to remove these obstructions in done if I had not had that service. I insist this bill deserves the twelve hundred miles of the greatest channel of internal commerce support which it is evidently about to have. I ask the gentleman known in the world. I look further and I :find that the same sum from New York [Mr. LOUNSBERY] who :first spoke, to append to his of $100,000 is given to the little Raritan in the State of New Jersey, remarks the report of the Government engineers which asserts, as he which State has the honor of having a member of the Committee on states, that the improvements of the Hudson and East Rivers made Commerce. by the General Government have been hostile to the commerce of I find, moreover, gentlemen boasting in communications to their these rivers. . constituents that since they have had the privilege of being members Now, Mr. Speaker, the gentleman from New York, [Mr. Cox,] who of the Committee on Commerce they have been able to get morA next spoke, has only repeated his role of the previous year. Fortun appropriations for their districts than were estimated for by the en- ately for the country, fohunately for the great city of New York, gineers of the country. One member has sa.id that he has been able this Congress has risen from year to year to legislate for the great to get. $100,000 more than the engineers' estimates called for. Yet harbor of New York. The gentleman from New York does not well gentlemen talk to me about supporting a bill of this kind made for represent the great metropolis of America. Congress removes ob- , the purpose of cleaning out dry creeks and spring branches through- structions from Hell Gate year by year that American commerce may out their districts, when the gr.eat navigable waters of the Union, be protected. The gentleman from New York misrepresents that the waters of the Mississippi and its tributaries, upon which floats metropolis and misrepresents-- the proudest inland commerce in the world, are to be altogether neg- Mr. COX. Why do you not bring in an unmixed bill f That is lected or set aside with these pitiful appropriations. what I want. I am sorry to think, as I am compelled to think, that because I The SPEAKER. The gentleman's time has expired. stood here in my place as a Representative and demanded that the Mis- :Mr. REAGAN. I will yield now for a moment to the gentleman from sissippi River and its tributaries should be separately considered and Kentucky, [Mr. WILLIS.] the interests of my people should be intrnsted to a special committee Mr. WILLIS. l\Ir. Speaker, in line 835, page 35 of t he proposed which would protect them, and because in this I had the misfortune substitute as printed, I :find the following: to fight against this great and powerful combination known as the Provided further, That so much thereof as maybe necessary shall be used in the Committee on Commerce, they seem to have determined to strike operation of said canal. down my district and its demands. The sixth district of l\fississippi, I wish to ask the chaiDman of the committee whether that proviso which I represent, has more navigable rivers in it and demands of is now operative, and whether it was intended to conflict with bill necessity more aid from the river and harbor bill than any other dis- H . R. No. 4507, which has since passed the Senate, or whether any part trict in the United States. It is washed upon its whole front by five of the $60,000 therein appropriated is to be used in operating or re hundred miles of the Mississippi River. The northern portion of it pairing the canal after 1st July next. is a peninsula, formed by the Mississippi on the west and the Yazoo, l\Ir. REAGAN. I can only say the object of the proviso there men Tallahatchee, and Coldwater-a.11 navigable streams-on the east, with tioned was to enable those in charge of the canal to operate it until the four hundred miles of river front upon the Yazoo, the Tallahatchee, passage of the act which bas recently passed the Senate. We put it and the Coldwater. The Big Sunflower, a stream of far more im- t·herebecausewedidnotknowthatactwouldbepassedbeforethisbill. portance than Cheesequake's Creek or a numberof other streams ap- Mr. SCALES. Will the gentleman allow me for one moment to propriated for in this bill, penetrates this peninsula. Yet, with all ask him a question y this river coast-five hundred miles upon the Mississippi and as much Mr. REAGAN. I cannot yield further. more upon these other great navigable wa.ters, on which floated the Mr. SCALES. It is due that the gentleman from Texa-s should ex-.· Army and the Navy of the United States when the invasion of Missis- plain to the House why he has not acted up to the assurances he gave sippiwasmade-tbisdistrictisnotpermittedtohaveaslargeanappro- when the rules were under discussion in this House. priation in this bill as is given to the Pearl River in my own State, l\Ir. REA.GAN. The first thing I will do, Mr. Speaker, is to refer to though-as was well said by the Vicksburgh Herald, published in my a statement made by the gentleman from Mississippi [Mr. CHALMERS] own city-the commerce of Vicksburgh alone is worth more than the that a number of small and unimportant creeks have been appropri whole commerce of the Pearl River, from one end to the other. Yet, ated for which have not been surveyed. His information is totally in $37,000 is given to the Pearl River and only $20,000 to save the har- accurate on that subject, a-snot a single appropriation has been made bor of Vicksburgh. for any creek, or harbor, or river which was not supported by report The committee pretended, as I understand, to make their estimates from the Chief of Engineers and an estimate of expense which would pl'O rata- to give us appropriations in proportion to the estimates be required. That is all I ha"9'e to say in regard to that point. made by the engineers of this Government, who had been directed The gentleman objects to the bill because it is unjust to the Mis to survey and make estimates as to the cost of work necessary to be sissippi River. All the argument I make on that subject is to in done. But they have overlooked the fact that there were two esti- vite the attention of members of the House to the bill itself. The mates made for Vicksburgh-one to stop the caving on the Louisiana committee fully recognize the great importance of the Mississippi shore, -the other to clear out the harbor at Viobburgh. They have River and its principal tributaries as arteries for conducting the great appropriated for the revetment work in Louisiana alone, and ignored interior commerce of the country, and have made proportionately entirely the estimate for the harbor, and all this I called to the at- larger appropriations for the Mississippi River and its tributaries tention of the committee before the bill was reported. than for any other waters of the Union. [Here the hammer fell.] · The gentleman made complaint in reference to the particular work The SPEAKER. The time of the gentleman from Mississippi has at Vicksburgh of which he spoke. In reference to that I make no expired. controversy, as he may have cause for complaint. 1\!r. CHALMERS. Very well, I ask leave to publish with my re- The gentleman from New York [Mr. Cox] objects to the bill be- marks a statement as to this bill from the morning Post of t his city. cause it appropriates for Buttermilk Channel and for the Yazoo, and Mr. KENNA. I object to the publishing of the article from the he mentions some other hard names. His objection seems to be to morning Post in the RECORD. That article is full of inaccuracies, the hard names. Is the gentleman aware the Buttermilk Channel is and I give that as the reason for my objection. in the center of the harbor in front of the city of New York, a.nd that Mr. CHALMERS. The gentleman is a member of the Committee $60,000 is appropriated to remove the bar there which obstructs the on Commerce, and as his district in West Virginia is well provided commerce of AmericaT But it is Buttermilk Channel; and the gen· for in ·this bill, he may well object. tleman did not think it read well, that it was inelegant. Subsequently the objection was withdrawn. The statement is as Then he speaks of the Yazoo. Why, sir, the Yazoo for some hnn- follows : dreds of miles runs through one of the richest and most productive The bill appropriates nearly \\9,000,000. Fifteen States are represented in the countries on the continent, a river navigable as long as this country committee, viz: Texas, New York, New Jersey, West Virginia, Maryland Ken- h b · d hi h th t · Ith f th o t tucky, Louisin.na. Virginia, Wisconsin, Missouri, P ennsylvania, Connecticut, Illi· as een occupie 'w c pours e eemmg wea o e c un ry nois, Ohio, and Massachusetts, and these States get, in the aggregate, $4,464,000 of through which it runs, an annual tribute to the general commerce of the whole amount appropriated. This amount does not incluclo the sums appro. the country. P~~~ ~~J~~~eb:~e!~~~r:~;:J ~{u~h3 a?s~~e~~~~~~~i tf:e ~b~~e sta~~ Mr. COX. I did not mention Yazoo at all. C 0 Mr. REAGAN. I so understood you. I believe the gentleman did to a greater or less extent, so that the States represented on the committee which menti"on the Sun Flower, which runs throu I suppose this would be true of any measure affecting as extensive localities, and if others complain that they fail to receive ns lar!?:e interests of the country as this bill affects. I can only say with ref appropriations as they desire,. they must attribute the result to the erence to it that for more than six weeks the sub-committee which difference in the merit of the various works for which the appropria had this bill in charge met once and often twice a day, devoting its tions a,re asked, and not to a disposition on the part of the committee entire time to an effort to get up a bill to accommodate the commerce to do anything in the discharge of their duty that was not strictly of the country. For more than six weeks the whole committee met in accordance with what they believed to be to the best interests of daily and often twice a day in ord~r to mature this bill. If left to the country. me I would say that there are perhaps items in the bill that I do not I desire to a,dd one word further in response to the application made approve of. There are clauses, perhaps, in the bill that I do not ap by the gentleman from Mississippi [Mr. CHALMERS] to print in his prove of; l>ut there is nothing in the bill that does not come before remarks an article copied from this morning's Post. The only objec the House with the approval of the committee. tion I have to his request is from a hurried examination of it it strikes The gentleman from New York makes another observation which me as being somewhat inaccurate, and if it beinaccurato itoughtnot is deserving of some notice because it is a grave one. He refers to to go into the RECORD. With this statement, however, I withdraw appropriations made in this bill for the improvement of rivers and my objection to his printing it. creeks which are in counties and townships. I have previously said Mr. WIDTE. There being no time to debate this question I ask that no river had been provided for that was not estimated for and leave to print the reasons why I shall vote for the bill. the plan of work submitted by the Engineer Department. I can There was no objection. [See Appendix. l now add that there is no item in this bill for the improvement of any Mr. BAILEY. I ask to be allowed to print some remarks in con stream that does not meet the full requirements of the most rigid de nection with this bill. mands in this respect, except perhaps two, one on the Upper Susque There was no objection. [See Appendix.] hanna River and one on a lake in Vermont, which are the only ones The SPEAKER. The Clerk will now call the roll on the motion to in the whole bill that do not connect themselves with the navigation suspend the rules and pass the bill. and commerce of the entire country. The improvements of many of The question was taken; and there were-ayes 179, noes 48, not these creeks which are referred to in the bill are of importance to the voting 65; as follows: general commerce of the country because they are arms of the seas YEAS-179. and bays and capable of receiving large vessels and contributing Acklen, Deering,· Lowe, Shelle:y, largely to the general commerce by slight improvements, generally at Aiken, Deuster, Manning, Sherwm, their mouth. Aldrich, N. W. Dibrell, Marsh, Simonton, The gentleman has also referred to a speech of a gentleman whose Aldrich, William Dick, Martin, Benj. F. Singleton, Otho R. .t\..tkins, Dunnell, Martin~ .Joseph .J. Slemons, memory I hold in the highest estimation, who, like the gentleman Baker, Elam, McCoia, Smitn, Hezekiah B. from New York, always opposed this character of legislation. Ballou, Ellis, McKinley, Smith, William E. The Supreme Court of the United States has made a uniform con Barber, Errett, McLane, Stephens, struction of the clause of the Constitution under which we acted in Beale, Evins, McMillin , Stone, Belford, Felton, ~er , Talbott, the preparation of this bill. That construction covers the ground Berry, Field, Mills Taylor, that it is immaterial what the length of the river is, whether it be Bicknell, Ford, Mon~y, Thomas, in one or more than one State, if its commerce passes into other States Bingham, Forney, Monroe, Thompson, P. B. Bla-0kbnrn, Frost, orton, Thompson, W. G • . or into foreign: countries by navigable waters and adds to the com Blake, Garfield, Muldrow, Tillman, merce of the whole country. There have been conflicting political Bland, Geddes, New, Townsend, Amos and legal constructions of this question, and the legal constructio ·ss, Godshalk Newberry, Tucker, covers every item in the bill except the two to which I have referre . Bouck, Goode, ' Norcross, Turner, Thomas Bowman, Gunter, O'Connor, Tyler," Mr. COX. l\fay I ask the gentleman from Texas what decision he Boyd, ~ammond, .John O'Neill, Updegraff, J. T. refers t oY . Bragg, Harmer, ..--O'Reilly, Upson, Mr. REAGAN. I have read the decisions to the House on former Brewer, Harris, Benj. W. Orth, Valentine, occasions, but I am unable at present to give the gentleman the title. Buckner, Haskell, Pooheco, anA.erna.m, Burrows, Hatch, Page, Vance, They are, however, contained in my former speeches. Butt.erworth, Hawk, Persons, Voorhis, Mr. COX. Will you allow another question¥ Cabell, Hawley, Phelps, Waddill, Mr. REAGAN. Certainly. Calkins, Hazelton, Philips, W't. Mr. COX. May I ask the gentleman if he actually approves of this Carlisle, Henderson, Phister, W~d, Carpenter, Henry, ...... 11erce, . Warner, bill himself~ Caawell, Herbert, Poehler, Washburn, Mr. REAGAN. I ought to stat.a to the gentleman from New York Claflin Hooker, Pound, Weaver, that reporting this bill in this manner was in conflict with the views Clardy' Horr, Price, Wellborn, I took in reference to this subject when we were discussing the adop Clark, John B. Honk, Reagan, White, Con_ger, Hubbell, Richardson, .J. S. Whiteaker, tion of the new rules, and that I have not changed the opinion I then Cook, Hull, Richmond, Williams, C. G. entertained. ,..Covert, Hurd, Robertson, Williams, Thoma8 My belief is that it ought to be reported to the Committee of the Cowgill, .Tones, Robinson, Willis Crapo, .JorgeD.Sen, Ross, Willi~, Whole and acted upon by that committee. But I come in here under Cravens, Kelley, Rothwell, Wilson, instructions of the committee almost unanimously expressed direct Culberson, Kenna., Russell, W •.A.. Wise, ing me to take this course to secure the passage of the bill. It does Dag~ett, Kimmel, Ryan, Thomas ~ood , Walter A.: not change myindividual opinion of this or of any other appropriation. Davidson, Kin_g, Ryon, .John W. Wright, Davis, George R. Le Fevre, Samford, Young, Casey And I would say to my friend from North Carolina [Mr. SCALES] that Davis, Lowndes H. Lewis, Sapp, . Young, Thomas L. I am simply acting in accordance with the wishes of the committee DeLa.Matyr, Loring, Sawyer, and as its organ. There are several other points in connection with this bill in reference to which I might give some expression if time NA.Y~48. Anderson, ox, Henkle, Morrison, would permit. · .A.rm.field, Davis, Horaee, Hostetlei:, Neal I now yield the remainder of my time to the gentleman from Ohio, Atherton, Dickey, .Joyce, ....-!Uchllrdson, D.P. [Mr. GARFIELD.] Bachman, wight, Keifer, Scales, The SPEAKER. The gentleman has two minutes' time remaining. . ey, instein, Killinger, Sparks, Briggs, Farr. Kitchin Steele, Mr. GARFIELD. Let it go. Cannon, erdon, Klotz, ' Stevenson, Mr. CANNON, of Illinois. I would like to ask the gentleman from ChaJmers, Frye Ladd, Townshend, R. W. Texas a question in reference to this section 5. As I understand it hittenden, Gillette, Lindsey, Turner, Oscar this bill changes the law in reference to the right of the United Clymer, Hall, ounsbery, Upde~ff, Thomas Coffroth, Hammond, N . .J. cCook, Wbitt.norne, States touching the Rock Island bridge. That bridge was built in Converse, Harris, John T. Mitchell, --Wilber. co-partnership, the United States paying half and the railroad com pany the other half. I understand now, by the original act, the NOT VOTING-65. United States controls the ownership, with the railroad company Barlow, Fisher, _...... I;'apham, Rice, Bayne, Forsythe, Martin, Edward L. Robeson, having a perpetual easement with-- Beltzhoover, Fort, ason, Russell, Daniel L. Mr. REAGAN. I cannot yield to the question of the gentleman. Blount, Gibson, McGowan, Shallenberger. In framing this bill we have attempted to comply with the law in Brigham, Hayes, McKenzie, Singleton, .J. W. all respects. Bright, Heilman, McMahon, Smith, A. Herr Browne, Herndon, Miles, Speer, l\Ir. CANNON, of Illinois. My objection is that you have not so Caldwell, Hill Morse, Sprip.ger , done, according to my judgment, in this case. 'mp ·scock, ~uller, ~tarin, Mr. KENNA. Mr. Speaker, I will not undertake to explain the Clark; .Alvah A. House, Murch, Urner, provisions of this bill in the brief time allowed for this discussion. Cobb, Humphrey, Myers, ...... -:yan Voorhis, Colerick, Hunton, Nicholls, Wells, The items contained in it have been under investigation by the Com wley, ...... --!!utchins, A'Brien, -.Wood, Fernando mittee on Commerce for three or four months. We made a patient, Davis, .Joseph J. /1[runes, Osmer, Yocum. earefnl, and laborious investigation of every item. The committee Dunn, .Johnstori, Oyerton, put nothing in the bill except what upon examination they thought Ewing, _.K~tcbam, _...... prescott, ought to go into it, and left nothing out except what, upon mature Finley, Knott, Reed, consideration, they believed ought to be left out. If some gentle So (two-thirds having voted in favor thereof) t he rules were sue. men think there has been unjust discrimination in reference to pended and the bill was passed. X-216 3442 CONGRESSIONAL RECORD-HOUSE. M.AY 17, The following add\Ponal pairs were announced: consin, Mr. BouoK;1 and the gentleman from Georgia, Mr. CooK, to Mr. KNOTr with Mr. HOUSE. If Mr. KNOT!' were present, he would act as tellers. . vote "no." Mr. BOUCK. If we can bave the yeas and nays on the adoption Mr. NICHOLLS with Mr. RICE. of the resolution, I will withdraw my call for a division on the sec Mr. BELTZHOOVER with Mr. MASON, for to-day. If Mr. BELTZHOOVER onding. were present, Mr. MASON, on this bill, would vote "ay." Mr. COOK. I have no objection.Jo that.· Mr. HUTCHINS with Mr. KETCHAM, on the river and harbor bill. Mr. BOUCK. Then I withdraw my call for a division. Mr. SMITH, of Pennsylvania, with Mr. MARTIN, of Defaware, until So the motion to suspend the rules was seconded. t.he return of Mr. S:\HTH. The SPEAKER. The Chair understands· that by agreement the Mr. HrscocK with Mr. COBB. Both gentlemen being absent con yeas and nays are to be taken on the motion to suspend the rules and sidering the deficiency bill, are paired on the river and harbor bill. adopt the resolution which has been read. Mr. BAYNE with Mr. BROWNE, on the river and harbor bill. If The question was taken; and there were-yeas 161, nays 30 not present, Mr. BAYNE would vote "ay" and Mr. BROWNE "no." voting 101; as follows: ' Mr. McKENZIE with Mr. SHALLENBERGER, .on this bill. YEAS-161. Mt. EWING with Mr. FORSYTHE . Acklen, Errett, Lowe, Slemons, Mr. COLERICK with Mr. McGowAN, on this bill. Aiken, Evins, Manning, Smith, Hezekiah B. Aldrich, N . W. Ferdon, Martin, Benj. F. SP.ringer, Mr. Hm.TTON with Mr. WELLS, on this bill. .Anderson, Field, Martin, Joseph J . .. 8tarin, ltfr. HAYES wit1: Mr. LAPHAM, on this bill. Armfield, Ford, McCoid, Steele, Mr. NEW. By an arrangement made by the two gentlemen who Atherron, Forney, McKenzie, St.ephens, have t he control and management of pairs the pair of the gentleman Bachman, Gillette, McKinley, Stevenson, Bailey, Goode, Mills, Stone, from New York [Mr. LAPHAM] with me has been transferred to Mr. Baker, Hammond, John Monroe,· Taylor, HAYES, of Tilinois, and I have therefore voted on this bill. Ballou, Hammond, N. J. Morrison, Thomas, Mr. SrnGLETON, of Illinois, with Mr. SPRINGER, on the river and Barber, Harmer, Morton, Thompson, P. B. harbor bill. Mr. SINGLETON would vote "ay" and Mr. SPRINGER Belford, Harris, John T. Neal, Thompson, W. G. Bingham, Haskell, New, Tillman, "no. BlaB:e, Hatch, Norcross, Townsend, Amos Mr. THO:\IAS TURl\"ER with Mr. McGowAN, on all political questions Bliss, Hawk, O'Connor, Townshend, R. W. until further notice, the river and harbor bill excepted. Boyd, Hawley, O'Neill, Tucker, Mr. DAVIS, of North Carolina, with Mr. Dmm. Bright) H enderson, O'Reilly, Turner, Oscar Cabell, Henkle Orth, Tyler, Mr. CALDWELL with ?!fr. HEILiIAN, for this day. Calkins, Henry, ' Pacheco, Updegraff, J. T. Mr. REED with ?!fr. GmsoN, on the river and harbor bill. Carlisle, Herbert, Page, Updograff, Thomas The result of the vote was then announced as above recorded. Carpenter, Hill Persons, Upson, Caswell, His~ock, Phelps, Valentine, l\IESSAGE FROM THE SENATE. Clardy, Hooker, Vance, Co:ffroth, Horr, ~~fu? Waddill, A message from the Senate, by Mr. SYl\IPSON, one of its clerks, in Colericl\, Hostetler, Poehle~, Wait, formed the House that the Senate had passed, with amendments in Conger, Houk; Pound, Ward, which the concurrence of the House was requested, the joint resolu Converse, Hubbell, Price, Washburn, tion (H. R. No. 283) authorizing the Secretary of War to furnish for Cook, Hull, Reagan. Weaver, Covert, Hurd, Richardson, J. S. Wellborn, use at the soldiers and sailors' reunion at Columbus, Ohio, to be held Cravens, Jones, Richmond, Whitthorne, in August, 1880, certain artillery, tents, muskets, and blank cartridges. Culberson, Jorgensen, Robinson, Wilber, The message also announced that the Senate had passed, without Davidson, Kelley, Rothwell. Williams, Thomas amendment, bills of the House of the following titles : Davis, Horace Kenna, Russell, W. A. Willis Davis, Joseph J. Ketcham, Ryan, Thomas Wilso~, A bill (H. R. No. 5396) to remove the political disabilities of Thomas .Davis, Lowndes H. Kimmel, Ryon, John W. Wise, L. Harrison, of Mobile, Alabama; and De La Matyr, Kitchin, Samford, Wood, Walt.er A. A bill (H. R. No. 6096) to remove the political disabilities of Francis Deering, Klotz, Sapp, Young, Casey Deuster, Le Fevre, Sawyer, Young, Thomas L. L. Galt. Dunnell, Lewis, Scales, The message further announced that the Senate had passed bills Einstein, Lindsey, Sherwin, of the following titles; in which the concurrence of the House was Elam, Loring, Singleton, 0. R. requested: NAYS-30. A bill (S. No. 1629) to provide for the erection of a public building Atkins, Dibrell, Killinger, Simonron, in the city of Peoria, in the State of Illinois ; Beale, Diokey, Lounsbery, Sparks, A bill (S. No. 1224) to remove the political disabilities of C. Mani Bouck, Dwight, Marsh, Warner, gault Morris, of Georgia; and Brewer, Farr, McMillin, White Brij?gs, Felton, Mitchell, Whiteaker, A bill (S. No. 12'25) to remove the political disabilities of John Buckner, Hall, Pierce, Willits. athan H. Carter, of South Carolina. Butterworth, Hazelron, Reed, ORDER OF BUSINESS. Cannon, Joyce, Richardson, D. P. Mr. DA. VIS, of North Carolina. I am instructed by the Committee NOT VOTING-101. on Banking and Currency to move to suspend the rules and pass a Aldrich, William Crowley, James, Prescott, Barlow, Daggett, Johnsron, Rice, substitute for the bill (H. R. No. 1909) to authorize national banks to Bayne, Davis, George R. Keifer, Robertson, make loans on real estate. Beltzhoover, Dick, King, Robeson, The SPEAKER. Tlie gentleman from Georgia [Mr. CooK] desires, Berry, Dunn, Knott, Ross, under instructions from the Committee on Public Buildings and Bicknell, Ellis, La.dd, RW!sell. Daniel L. Bla-0kburn, Ewing, La.pham,- Shallenberger, Grounds, to offer a resolution under a suspension of the rules, which Bland, Finley, Martin, EdwardL. Shelley, will occasion no debate. The Chair would prefer to recognize the Blount, Fisher, Ma.son, Singleton, J. W. gentleman from Georgia first, as the proposition of the gentleman Bowman, Forsythe, McCook, Smith, A. Herr from North Carolina may give rise to debate. Does the gentleman Braj?g, Fort, McGowan, Smith, William E. Brigham, Frost, MoLane, Speer, from North Carolina yield f Browne, Frye, McMahon, Talbott, Mr. DAVIS, of North Carolina. Yes, sir. Burrows, Garfield, Miles, Turner, Thomas Caldwell, Geddes, Miller, Urn er, PUBLIC BUILDINGS. Camp, Gibson, Money, VanAernam, Mr. COOK. I submit the resolution which I send to the Clerk's Chalmers, Godshalk, Morse, Van Voorhis, desk by instructions of the Committee on Public Buildings and Clahifilnt?mden, Gunt.er, Muldrow, Voorhis, C 1 Harris, Benj. W. Muller, Wells, Grounds. Clark, Alvah A. Hayes, Murch, Williams, C. G. The Clerk read as follows: Clark, John B. Heilman, Myers, Wood, Fernando Resolved, That the rules be suspended, and that Saturday next, after the morn Clymer, Herndon, Newberry, Wright, ing hour, be set apart for the consideration of the bills reporled from the Commit Cobb, House Nicholls, Yocum. tee on Public Buildings and Grounds, in their order on the Calendar. Cowgill, Humphrey, O'Brien, Cox, Hunron, Osmer, Mr. BOUCK. There is no exception there as to appropriation bills. Crapo, Hutchins, Overton, Is Mr. TOWNSHEND, of Illinois. debate permissible on this reso- So (two-thirds voting in favor thereof) the rules were suspended lution' . and the resolution adopted. The SPEAKER. Not until after the motion to suspend the rules The following additional pairs were announced: has been seconded. Mr. Gm'"TER with Mr. Burumws, for to-day. Mr. TOWNSHEND, of Illinois._ I would like to ask some questions : of the Committee on Public Buildings and Grounds. Mr. BRAGG with Mr. DAVIS, of Illinois, for to-day. The SPEAKER. The question is upon seconding the motion to Mr. BLACKBURN with Mr. FRYE, for the remainder of the day. suspeI;J.d the rules, for which a majority vote is required. l\Ir. CHALMERS with Mr. VAN .AERN.UI. The question was taken by a tiva voce vote, and the Speaker an Mr. HUNTO~ with Mr. BROWNE, for the remainder of the day. nounced that the ayes seemed to have it. The result of the vote was announced as above stated. Mr. BOUCK. I call for a division. BANK LOANS ON REAL ESTATE. The SPEAKER. A division being called for, the question will be Mr. DA.VIS, of North Carolina. By instructions of the Committee taken by tellers, and the C4air will appoint the gentleman from Wis- on Banking and Currency, I move to suspend the rules so as to pass 1880. CONGRESSIONAL RECORD-HOUSE. 3443 the substitute for Honse bill No. 1909, to authorize national banks to pose of considering this bill, with the understanding, as the Chair is make loans upon mortgage of real estate, which fmbstitute I send to advised, that a motion to amend is to be allowed. .After the bill is the Clerk's desk. .read the Chair will entertain the motion of the gentleman from Iowa :Mr. KELLEY. Pending that motion, I move that the House now [Mr. GILLETTE] to adjourn, or he will entertain it now if it be in adjourn. I am opposed to allowing banks to loan money on land. sisted upon. Mr. DAVIS, of North Carolina. Let the substitate be read. Mr. SCALES. I hope we shall not adjourn, but take a recess. A The proposed substitute was read, as follows: session has been ordered for this evening. Be it enacted, &c., That all national-banking associations chartered and doing The SPEAKER. A motion to adjourn would cut off the recess. business under the laws of the United States in any of the States be, and they aFe Mr. GILLETTE. I modify my motion and move that the House hereby, authorized and empowered to make loans to the amount of one-folirth of take a recess. . their capital and surplus upon the pledge and mortaae of real estate as security t-Oerefor, subject to such conditions as may be required' and imposed by the boards The SPEAKER. A motion for a recess is not privileged as against of directors of the respective banks, either specially made or expressed in the by a motion to suspend the rules. laws which may be adopted for the government of each particular national-bank Mr. GILLETTE. Then I insist on my original motion. ing association. Mr. SCALES. I ask the gentleman from Iowa [Mr. GILLETI'E] to SEC. 2. All ;Laws or parts of laws inconsistent with the provisions of this act are hereby repealed. allow me to make a motion that the House take a recess. An order 1\Ir. WEA.VER. · I move that the House now adjourn. has been made for a session to-night for the consideration of the bill The SPEAKER. Should the motion to adjourn be agreed to, this to carry out the agreement with the Ute Indians. motion to suspend the rules and pass the bill which has been read The SPEAKER. The Clerk will read the eighth paragraph of Rule XVI. would be the :first in order on the next day for suspensions o~ the rules. · The Clerk read as follows : Pending a motion to suspend .the roles, the Speaker may entertain one motion Mr. WEAVER. It would not come up until the third Monday of that the House adjourn; but after the result theraon is announced he shall not next month. entertain any other dilatory motion till the vote is taken on suspension. Mr. WHITE. This is a good bill. Mr. SCALES. I hope that the motion for adjournment will be Mr. WEA. VER. It is not a good bill. I insist upon the motion that voted down. the House now adjourn. The motion of Mr. GILLETTE was not agreed to. Mr. DAVIS, of North Carolina.. Would it be in order for me to ex The SPEAKER. Tho question is on the motion of the gentleman plain the provisions of this bill t from Alabama [Mr. HERBERT] to suspend the rules, so as to bring The SPEAKER. After the motion to suspend the rules has been before the House for consideration the bill which will be read. seconded debate will be in order for :fifteen minutes on each side. The Clerk read as follows: On seconding the motion to suspend the rules the Chair will appoint .A. bill providing the times and J!laces of holding the circuit court of the United the gentleman from North Carolina, Mr. DAVIS, and the gentleman states in the district of Iowa, and for other purposes. from Wisconsin, Mr. BoucK, to act as tellers. The Chair thinks the Be it enacted by the Senate and H<>use of Representativl',s of the United States of next day for suspension of the rules might be one of the last six days America,i1J, Congress assembled, That the circuit court of the United States in and of the session. for the district of Iowa shall hereafter be held at tho times and places provided by The question was taken on the motion to adjourn; and it was not law for holding the United States district court in and for said district. Ca.uses removed from any court of the State of Iowa into said circuit court within said dis agreed to. trict shall be removed to the circuit court in the division in which such State court The SPEAKER. The question recurs on seconding the motion to otherwise agree, or the court, for good ca.use, suspend the rules and pass the- substitute which has been read. ~~lll~th':1~!~~K~es theretos~all The House divided; and the tellers reported that there were ayes SEc. 2. That all civil suits not of a local natnre which shall be hereafter brought in the circuit or district court of the Unit.ed Stat.es in said district must be brought 39, noes not counted. in tho division of the district where the defendant or defendants reside ; but if So the motion to suspend the rules was not seconded. ::1'fna~fili~0o':e~f~~~~~i:~i!e!t~if !11d~&~1:i\ ~~~~:,a,~ fu~~f~ MESSAGE FROM THE PRESIDENT. triable meither of said courts shall be tried in the division where'the defendant A message in writing from the President of the United States was or one of the defendants resides, uuless by consent of both parties the case shall be remoYed to some other division. Where the defendant is a non-resident of the presented by Mr. Pr.UDEN, one of his secretaries, who also announced district suit may be brought in any division where property of the defendant is that the President had approved and signed bills and joint resolutions found. · of t he following titles: · SEC. 3. That the northern division of said district shall contain the following An act (H. R. No. 4212) making appropriations for the cunent and counties: .Alamakee, Winneshiek, Howard, Mitchell, Floyd, Chickasaw, Fayette, Clayton, Butler, Bremer, Grundy, Blackhawk, Buchanan, Delaware, Dubuque, contingent expenses of the Indian Department, and for fulfilling Benton, Linn, Jones, Jackson, ~nu Clinton. The southern division shall contain treaty stipulations with various Indian tribes, for the year ending the counties of Cedar, Scott, Muscatine, Louisa, Washington, Keokuk, Mahaska, June 30, 1881, and for other purposes; Monroe, Wapello, Jefferson, Henry, Des Moines, Lee, Van Buren, Davis, and A:p R. 3035) panoose. The western division shall contain the counties of Monona, Crawford, An act (H. No. making appropriations for the consular and Carroll, Guthrie, .Audubon, Shelby, Harrison, Pottawattamie, Cass, Adair, Union, diplomatic service of the Government for the year ending June 30, .A.dams, Montgomery, Mills, Fremont, Page, Taylor, and Ringgold. The central 1881, and for other purposes; division shall contain the remaining counties of the State. An ·act (H. R. No. 4227) for the relief of settlers on public lands; SEC. 4. That the clerk of the district court shall be the clerk of the circuit cour' An act (H. R. No. 5089) directing the issue of a duplicate check to at all the places where the same is held in said district except at Dea Moines. SEc. 5. That all acts and parts of acts inconsistent with this act are hereby re Elizabeth D. Thomas, a pensioner of the United States; pealed. Joint resolution (H. R. No. 103) to pay to C.R. Faulkner $32.50 in The question being taken on the motion to suspend the rules·t<> full for services as messenger in the Forty-fifth Congress, and for consider the bill, there were ayes 133, noes not counted. other purposes ; and So (two-thirds voting in favor thereof) the motion was agreed to. Joint resolution (H. R. No. 296) making appropriation for the con Mr. HERBERT. It has been agreed that the gentlemen opposing tingent fund of the Senate. this bill are to have :fifteen minutes to propose and discuss amend SESSION FOR DEBATE ONLY. ments, and that the advocates of the bill shall take :fifteen minutes The SPE~R. The gentleman from Virginia. [Mr. BEALE] a-sks in reply. I will first yield the floor to gentlemen on the other sid&. that there be an evening session next Saturday night for debate only, to ofter their amendments, after which I will call the previous ques no business of any kind to be transacted. · tion. Mr. CONGER. Let that proposition come up later in the week. I Mr. PRICE. I move to amend by inserting as a new section, to come. think we ought not now to tie up Saturday night. in after section 3, the provision which I send to the desk. The SPEAKER. Objection is made. The Clerk read as follows: PUBLIC BUILDING; JACKSON, TENNESSEE. SEC.-. That there shall be held two terms annually of the said Unit.ed States. circuit and district courts for the said district of Iowa. a.t the city of Davenport, Mr. ATKINS, by unanimous consent, introduced a bill (H. R. No. commencin~ on the first Tuesdays of June and December. .A. aeputy clerk for 6238) to provide for the erection of a public building in Jackson, Ten each of sain courts may be a:ppoint.ed at Davenport, with the same powers and du ties as other deputy clerks within said district; and the marshal and district attor nessee; which was read a first and second time, referred to the Com ney for the district of Iowa shall perform the duties of their offices respectively mittee on Public Buildings and Grounds, and ordered to be printed. for said courts : Promded, That said courts at Davenport shall be held in a build CIRCUIT COURT IN IOWA. ing to be provided for that purpose by the Stato or municipal authorities without. expense to the Unit.ed States. The SPEAKER. The Chair recognizes the gentleman from Alabama Mr. WEAVER. I offer the following, to come in as a new section [Mr. HERBERT] to move to suspend the rules. after section 4 : Mr. GILLETTE. I move that the House adjourn. The district and circuit court for the southern division shall be held at the city The SPEAKER. The Chair will entertain that motion as soon as of Ottumwa, in Wapello County: Provided, That the county of Wapello and the the motion of the gentleman from Alabama [Mr. HERBERT] is stated. city of Ottumwa shall, free of expense to the G<>vernment of the United Stat.es, Mr. HERBERT. I move to suspend the rules for the purpose of provide suitable buildings in which to hold said courts. considering a bill reported from the Committee on the Judiciary, be Mr. HERBERT. I now ask the previous question. When that is ing the bill (H. R. No. 5526) providing the times and places of hold seconded I will yield :five minutes to the gentleman from Iowa, [Mr. ing the circuit court of the United States in the district of Iowa, and PRICE.] · for other purposes. The previous question was seconded and the main question ordered. The Clerk proceeded to read the bill, when Mr. WILSON. I desire to inquire of the gentleman from Iowa be Mr. WEAVER said: What is the motion f fore he begins his remarks whether or not this bill or any of the The SPEAKER. The motion· is to suspend the rules for the pur- amendments offered will affect the holding of courts at Keokuk, Iowa f 3444 CONGRESSIONAL RECORD-HOUSE. MA_y 17, Mr. PRICE. Not in the least, except that a circuit court will be the United States free of charge. No such ofter as that is made from held there, where a district court is now held. ' the city of Keokuk. Mr. VALENTINE. - The amendmel'lt of the gentleman from Iowa Mr. FIELD. Will the gentleman allow me to ask him a question f [Mr. WEAVER] does do that. Mr. WEAVER. Yes, sir. Mr. PRICE. My amendment does not; and I can only speak for Mr. FIELD. This amendment does not tako the court from Keo my own amendment. kuk, but provides for its being held elsewhere. That would be con Mr. WEAVER. I ask gentlemen to wait until they can hear about strued to provide two places for holding the courts in t he southern that amendment. division, whereas you have four now in the State. Mr. PRICE. I have only this to say to the House, Mr. Speaker, Mr. WEAVER. It certainly does not mean any such thing. that I am not anta~onizing this bill,, but only propose to add to it Mr. FIELD. The amendment provides thn.t the court shall be held this one simple item, that the city of Davenport shall have a term of at Ottumwa, but it does not provide that it shall not be held at Keo the court held there. The people I represent have now to go from kuk, and as the Revised Statutes provide that the court shall be held one hundred and seventy-five to two hundr d and twenty miles to at Keokuk, you simply provide two places for holding the court in reach a circuit court of the United States. that division of the State. • I leave the bill of my colleague exactly as it is, with the exception Mr. WEAVER. Not at all. If the law :fixes Ottumwa and says that I add to it this one feature, the holding of a court at Davenport; the court shall be held there, it cannot be held anywhere else.. The and the only argument I have heard used against it is this: that there language of the amendment is that the district and circuit court is no time, with the present force of circuit and district judges, to for the southern division shall be held at the city of Ottumwa, in hold a court there. If that be the case, then the establishment of a Wapello County. court there will harm nobody, and the court will not be held.· I only Now it may be urged in opposition to t}J.e amendment that the ad ask the bill be so amended, in case there is time, that a court may be miralty business of the court can best be served at Keokuk. Not at held to accommodate the people of that ·region of country. I state all. Not 20 per cent. of the business of that court grows out of ad here upon authority that there a.re more people within a circuit of miralty cases; and the proposition is to make the people of this divis thirty miles of that point than any other sp~t in the State of Iowa. ion go for all time down into the extreme corner of the State unless That will not be called in question by any gentleman acquainted this amendment is adopted. Now, the business relations of the peo with the facts. It is an act of simple justice, therefore, to the people ple never carry them to Keokuk, but generally toward Des Moines, living in that section of country, and can, by no possibility, injure the capital of the State. It is a great hardship to require them to go anybody. . to Keokuk. And I do not see why maritime cases cannot be tried at I do not seek to antagonize, as I have said before, this bill, and I Ottumwa just as well as they can at Keokuk. The court does not have repeat it becauee the gentleman in charge of the bill said he would to drink river water to enable it to determine admiralty cases. give a certain number of minutes to those opposed to it. I am not Mr. FROST. What is the population of the county in which Keo opposed to the bill but in favor of it and .think it should pass, but kuk is located, including the city' that it should pass with this amendment in justice to a large number Mr. WEAVER. I think about forty thousand, perhaps more. I oft.he people who are affected by it. It cannot, by possibility, as I am not positive as to that, however. But what difference does that said before, injure any one. make t You are not legislating now for Lee County. The po_pulation. I wish to call tba attention of gentlemen to this fact for one mo of the western half of this division is largely in excess of Lee County. ment. There are within forty miles of this point thirty towns and Mr. CONGER. May I inquire if this new place is on a navigable villages, and that number does not include them all, who are directly river' affected by this bill, who have, as I said before, to go from one hun Mr. WEAVER. No, sir; it is on ·a navigable railroad, though, dred and seventy-five to two hundred and twenty miles to a United three of them. States court. Mr. FROST. Does not the center of population gravitate nearer to I can see no earthly reason, therefore, why this amendment should "Keokuk than to Ottumwa f not pass, and it will not antagonize the bill. It does not injure any Mr. WEAVER. Not at all. body. It authorizes, and the language of the amendment shows it, Mr~ FROST. I am informed that it.does. , the allowing of a session of a court there at no expense to the Gov Mr. WEAVER. It is not so. The gentleman is mistaken. ernment whatever. Mr. FROST. I am informed that it tends nearer to Keokuk than Let me say in addition that this same amendment was offered to a it does to Ottumwa. bill in the Forty-fourth Congress, drawn up by Judge l\foCrary him Mr. WEAVER. No, sir; it does not. That is a mistake. The self, and passed this House without any opposition, so far as I can center of population would be about Washington County, almost as learn. In view of these facts, therefore, I can see no earthly reason far from the city of Keokuk as is the city of Ottumwa. I now yield why any gentleman on this :floor should antagonize this amendment. the remainder of my time to my colleague, [Mr. GILLETTE.] It does not interfere with the court at Keokuk, it does not interfere The SPEAKER. The gentleman has three minutes remaining. with the court at Des Moines, it does not interfere with the court at Mr. GILLETTE. Mr. Speaker, I represent the district which per Council Bluffs, or at Dubuque, but simply says a court may be held haps has more interest in this bill than any other, and I regret -very at Davenport, if the judge bas time to hold one there. I am done. much that I have but three minutes to discuss a matter of such im Mr. SAPP. I should like to say one word in reference to this amend portance to my people. I understood that when this billcameup we ment and others which are proposed. were to have abundant time to argue all points. Mr. HERBERT. I will yield to the gentleman after a while; but I would like now to have the amendment read which I send to the I ·now yield for ten minutes to the gentleman from Iowa, [Mr. Clerk's desk. WEAVER.] The Clerk read as follows : Mr. WEAVER. Mr. Speaker, I should like to have the amendment In section 3, line 10, strike out " Guthrie; " in line 11, " Adair; " also, in line 7 J offer read. of the same section, "Mahaska. aud Monroe." The Clerk read as follows: Mr. GILLETTE. Mr. Speaker, the convenience of the people of Add the following as a. new section: • Iowa has not been consulted in this bill. Des Moines, the capital, is " The district and circuit court for the southern division shall be held at the city a city of from twenty-five to thirty thousand inhabitants ; it is located of Ottumwa, Wapello County: Provided, The county of Wapello and city of Ot. in the middle of the State. It is a great railroad center, having now tumwa shall, free of expense to the Government of the United States, provide snit eleven lines of road running in all conceivable directions from the .able buildings in which to hold sa.id courts." city out to the extreme limits of the State. Mr. BUCKNER. Will my friend from Iowa permit me to ask him So there is no difficulty in reaching the court under present circum the question whether the effect of his amendment is to take away the stances, and as business centers at the capital, the present arrange -0ourt at Keokukf · ment, I believe, is more convenient for the State as a whole, but cer Mr. WEAVER. It takes the court away from Keokuk. There are tainly if lines are to be drawn and subdivisions made, those lines .no public buildings at Keokuk. The amendment I have offered takes should be as far from the capital as from the proposed localities where the court awayfrom the cityof Keokuk to a central point in the dis the court is to be held; but instead this bill compels parties living trict, the city of Ottumwa, a city of some eight or ten thousand inhab only forty-five miles west from Des Moines, in the center of Guthrie itants. Ottumwa is supplied with three or four railroads and just as and Adair Counties, to go eighty miles to Council Bluffs to court, di good buildings in which to hold this court as the city of Keokuk. Let rectly away from business. me exhibit here the situation of this district. [The page held the map Again, the centers of Mahaska and Monroe counties are more than up in the presence of the House.] This map shows t.he extreme west forty miles nearer Des Moines than Keokuk, where they are forced ern line or boundary of the division as fixed by this bill. The city to go under this bill. These four counties desire to be in the Des of Keokuk, where the court is now held and where it will be held if Moines district, and their Representatives on this floor ask that they this bill becomes the law without amendment, is situated in the pocket may be gratified. in the extreme southeast corner of the State. The amendment pro My colleague, [Mr. WEAVER] has called att'3ntion to the fact that poses to take the court from Keokuk to the city of Ottumwa. Noth- this bill locates the court in the northern, southern, and western ing could be more reasonable. . divisions, on their extreme eastern ·and western boundaries. When It js far more equitable to the people than the present bill. There we build a school-house, we place it in the center of a district, for is no reason in the world for keeping thecourt at the city of Keokuk. the accommodation of all. Had the interests of the people been con There is not a public building there belonging to the United States. sulted in this bill, the court, if disturbed at all, would be placed as There are none at the city of Ottumwa, it is true, but the people of near the centers of these divisions as possible, instead of as fal" away that county and that city propose to build and furnish buildings for as they could be pushed. · 1880. CONGRESSIONAL RECORD-HOUSE. 3445 This bill has never been called for by the people of Iowa. Those bill was the best for all parties. I hope no amendment will be who advocate it here cannot show a petition for it. I believe its adopted. . provisions will be very unpopular. One single feature will be ex- The SPEAKER. The Chair desires to ask the gentleman from tremely annoying. The judgments of this court are liens upon real Alabama [Mr. HERBERT] a question: whether he admitted a third estate, and a man cannot hereafter buy land in Iowa without con- amendment That cannot be done under the rules. A third amend sulting records in these four towns, some of which n.re over three ment can only be admitted by unanimous consent. hundred miles apart, to learn if there is any incumbrance in the Mr. HERBERT. I agreed to admit it by consent. . way. It is true I represent Des Moines, but my reasons apply to the Mr. WEAVER. There was an understanding that any amendment people of the whole State. If there ever was a necessity for this outside of those already in that would not provoke debate might be radical change for carrying the United States courts to these extreme considered as being admitted. points of Iowa that necessity has passed away with the arrival of Mr. HERBERT. Yes, sir. new railroads at Des Moines from all quarters. We have passed a Mr. SAPP. I do not understand that there was any agreement that bill reported by the same committee for limiting the jurisdiction of there should be an amendment offered to this bill changing the divis- the United States court.a, which, if the Senate concurs, will reduce ions agreed upon by the committee. . their business one-half to three-fourths. Mr. HERBERT. Let the gentleman offer his amendment and have I object to this bill in toto. It will necessitate another judge, and a vote upon it. ori~inally provided for one, but that provision was dropped to help Mr. WEAVER. The gentleman from Alabama [Mr. HERBERT] un it tllrough. It will lead to great expense in new buildings. It will derstood that I desired to offer an amendment to strike out two coun inconvenience the majority of the people. It tends to localize United ties from one of the divisions contained in this bill. States courts and overshadow our State courts, but if it must pass I The SPEAKER. The Chair will then understand t hat all three insist the lines should be drawn between the divisions with some ref- amendments are pending and to be voted upon. erence to tho convenience of litigants, and the four counties I have Mr. HERBERT. I have no personal interest in this matter, except named in my amendment should be added to the central division. the simple desire which I have to do an act of manifest justice to the Mr. HERBERT. I yield three minutes to the gentleman from people of Iowa. Iowa, [Mr. SAPP.] . The sub-committee of the Committee on the Judiciary of this Reuse, Mr. SAPP. I hope to have the attention of the House while I pre- in charge of this bill, gave these gentlemen a long and patient hear sent my views very briefly in relation to this measure. I am for this ing. Gentlemen came all the way from Iowa to oppose this bill, be bill, as it has been reported unanimously by the Judiciary Committee, cause local interests were to be affected by its passage. and I want to say a word in relation to its necessity. The first two amendments which have been offered here to-day As the law now is, the United States circuit court is held at Des were discussed and considered before the sub-committee on the judi Moines, the capital of the State, and at Des Moines only, and the cia.ry. After mature deliberation they were unanimously rejected, people of our State are obliged to travel two hundred and fifty and and this uill was unanimously adopted not only by the sub-committee three hundred miles to the United States circuit court. By law the but by the full Commitee on the Judiciary, after having heard State of Iowa is divided into four divisions, called the northern divis- patiently all that these gentlemen had to say. ion, the southern division, the central division, and the western divis- . The principle of this bill will be found in the second section. That ion; and the United States district court is held in each of these section simply provides that circuit courts shall be held in Iowa at all divisions; in the northern division at Dubuque, in the southern . the places where by law district courts are now held. Those places division at Keokuk, in the central division at Des Moines, and in the are four in number. At present the circuit court is held only in Des western division at Council Bluffs. All this bill proposes is that the Moines, the capital of the State. United States circuit court shall be held at the times and. places From all over the State witnesses, parties, jurors, and lawyers are where the district court is now held. It creates no new offices, creates dragged to Des Moines for the trial .of causes in the United States no new places for holding court, creat~ no new leases for court build- court, when right by them is a district court presided over .by the ings; it simply brings the United States district court nearer to the same judge who presides over the circuit court at Des Moines and people and where it better suits their convenience. decides three-fourths of all the ca.sea in the circuit court -0£ Iowa.. One word in relation to the proposed amendment of my colleague, Yet notwithstanding this fact, by the present law, from the neighbor the gentleman from Des Moines, [Mr. GILLETTE.] There are, accord- hood of Keokuk, in the southeastern portion of the State; from the ing to the division provided for in this bill, forty-six counties now in neighborhood of Dubuque, in the northeastern part of the State; from the central division-the Des Moines division-and still the gentle- the neighborhood of Council Bluffs, in the western portion of the State, man is not satisfied; he wants four more. Almost one-half of the men are forced to go to Des Moines and pay tribute to the hotel-keep: whole State is included in the central division, and still the gentle- era and the shop-keepers and the lawyers of that city. man insists on four counties more. One of the gentlemen who opposed this bill represents the district Mr. GILLETTE. Will the gentleman explain how that happens T in which Des Moines is situated; and reflecting faithfully the wishes ?t:lr. SAPP. I cannot be interrupted. I did not interrupt my col- of his c wishes, the committee unanimously came to the conclusion that this 1 the places where court is now held. . CONGRESSIONAL RECORD-HOUSE. MAY 17, In regard t-0 the amendment of the-gentleman from Iowa [~. BUSTh'ESS OF C01\1MITI'EE ON COINAGE, WEIGHT 'AND MEASURES. WEAVER] asking that a circuit court be also held at Ottumwa, it Mr. STEPHENS. I ask unanimous consent that Wednesday night, seems to mo that that amendment properly construed would estab- the 26th instant, be set apart for the consideration of bills reported lish a new court; for it does not have the effect of ta.king away the from the Committee on Coinage, Weights, and Measures. court from Keokuk. And the proposition fo:r a new court at Ottumwa, The SPEAKER. Wednesday and Friday nights of every week are so far as I am advised, is a proposition first mooted before this Con- occupied with the consideration of the District code. gress. Mr. STEPHENS. Then I suggest Thursday night of next week. One word more in conclusion. The judge of the district court of Mr. CONGER. I think this business had better go over until next Iowa Jndae Love; the judge of the circuit court of that district, session. Judo-~ McCrary; and Judge Miller, of the Supreme Court of the Mr. STEPHENS. Then I move to suspend the mles aud make this United States, who rides in that circuit, all concur in the propriety order. I do so under instructions from the committee. I propose that of passing this bill as it is without any amendment. I hope, there- the House take a recess at haJf past four o'clock until half past seven fore, all the amendments will be voted down. on the day I have indicated. The SPEAKER. The .half hour agreed upon for debate on this bill The SPEAKER. . The gentleman from Georgia, [ The SPEAKER. The Cha.IT is informed the Choctaw bill is- the List of accompanyiny documents. unfinished business.; No. l. Mr. Evarts to Mr. Welsh. No. 33, March 2, 1878. Mr. SCALES. I will be glad to do so. I would prefer to have had No. 2. l\Ir. F. W. Seward to Mr. Welsh, No. 55, .April 6, 1878, with two inclosu.res printed with document No. 31. . the other bill, but I am obliged to take things as they are. This order No. 3. Mr. Evarts to Mr. Welsh, N o. 67, April 26, 1878, with the following in has been already made by the Honse. closure: Mr. McLaughlin to Mr. Seward, No. 66, St. Pierre, Miquelon, April 2, Mr. SPARKS. Then I insist on my motion to adjourn. 1878. I No. 4. Mr. Hoppin to Mr. Evarts, No. 5, May 4, 1878, with three inclosures. :Mr. BERRY. hope my proposition will be first disposed of. No. 5. Mr. F. W. Seward to Mr. W elsh. No. 125, August 13, 1878. Mr. SCALES. I hope the House will vote down the motion to ad No. 6. Mr. W elsh to Mr. Evarts, No. 132, August 24, 1878, with an inclosure. journ. It is the only opportunity we shall have.. .No. 7. Mr. Evarts to Mr. Welsh, No. 150, September 28, 1878. 1'-lr. SPRINGER. I ask m1animo11s consent that the session this No. 8. Mr. Evarts to Mr. W elsh, No.174, November 8, 1878 . . No. 9. Mr. Welsh to Mr. Evarts, No. 159, November 9, 1878. Ono inclosure with evening be set apart for the consideration of the Ute bill. eleven appendices annexed. ' Tho SPEAKER. The Chair thinks it fair the Ute bill should have some determination in rega.rd to it. The gentleman from Illinois [NoTE.- The list seven of these appendices are printed with document No. 31.] No. 10. Mr. Evarts to Mr. Welsh, Ko. 347, August 1, 1879, with two inclosures. azks that the evening session be devoted only to that bill. No. 11. Mr. ·welsh to Mr. Evarts, -o. 347, August 13, 1879, with one in closure. Mr. SPARKS. I have no objection. No. 12. 1\Ir. F. W. Seward to Mr. Hoppin, l\o. 361, August 28. 1Bi9 . .Mr. CARLISLE. The bill authorizing the Choctaw Nation to sue No. 13. Mr. Ernrts to Mr. Hoppin, t.elegram, November 20. 1879. in the Court of Claims is the unfinished business, and it ought to be No.14. Mr. Hoppin to Mr. Evarts, No. lll, Novomber22, 1879, with one inclosure. No.15. Mr. Hoppin to Mr. Evarts, No. 112, Noveml>er 25, 18i'9, with one inclosure. disposed of. No.16. Same to the samo, No. 113, November 28, 1879, with one inolosure. · Mr. PAGE. Th.en we will have to adjourn. No. 17. Mr. Evarts to Mr. Hoppin, No. 412, January 15, 18e0. }fr. SPARKS. I have no objection to the consideration of the Uto No. 18. Same to the same, telegram, February 5, 1880. bill, No. 19. Mr. Hoppin to Mr. Evarts, Xo.143, February 7, 18 !l. but object to anything else being taken up in to-night's session. No. 20. Same to the same, No. 147, February 10, 18ti0. The SPEAKER. 'l'he gentleman from Kentucky objects to that. No. 21. Same to the same, No. 150, February 14, 188.1, with one inclosurn. Mr. SCALES. I wish to be heard a minute. If gentlemen do not No. 22. Same to tho same, unofficial letter, :February 14, 1880, Vi'ith one inclo31ue. wish this Choctp.w bill to pass it is the easiest matter in the world No. 23. Mr. Evarts to Mr. Hoppin, telegram, February 26, 1880. for them to come here to-night and vote against it. I hope we will No. 24. Mr. Hoppin to Mr. Evarts, No.156, February27, 1880, with one inclosure. No. 25. Sa.me to the sam,e, No. 163, 1\Iarch 9, 1880, with one inclosure. have a session this evening for tho purpose of taking up the Ute bill. No. 26, Same to the same, with two inclosures, namely: 1. Lord Salisbury to Mr. Mr. SPARKS. Confine it to that bill and there will be no objec Hoppin, April 3, 1880, with printed appendices containing depositions, &c. 2. Mr. tion. Hoppin to Lord Salisbury, April 6, 1880. Mr. COX. Let us adJourn. No. 27. Mr. Evarra to Collector Babson, August 5, 1879. No. 28. Mr. Evarts to Sir Edward Thornton,-Augu~t 5, 1879. No. 29. Report '°f Messrs. Babson and Foster, Boston, September 29, 1879, with JUDICIAL ASCERTAINMENT OF CLAIMS. accompaniments. The SPEAKER. The gentleman from South Carolina, [Mr. O'CON NOR,] from the Committee on Reform in the Civil Service, moves that DF7ARTMF~"T OF STATE, the rules be suspended for the purpose of taking up a bill (H. R. No. Washington, May 17, 1880. 5385) providing for the judicial ascertah1ment of claims against the To the President : United States. The Secretary of State, to whom were referred the resolution of the House of Mr. O'CONNOR. I move to suspend the rules for the purpose of Representatives of the 27th of April ultimo, requesting the President, "if not in consistent with the public interest, to transmit to this House copies of all corre making that bill the special order for next Monday after the ca.11 of spondence not now communicated with the Enalish government relating to the the roll of States and Territories. It is too inlportant a bill to pass alleged interference with American fishermen in 1fortune Bay on the 6th of Janu under a suspension of the rules. ary, 1878," and a resolution of the Senate of the 28th of the same month on the same subject, has the honor to lay before the President the correspondence as Mr. BOUCK. I move the House adjourn. called for. The House divided; and there were-ayes 74, noes 71. . In connection with these papers and for the better understanding of the t ject to the re~ations of the legislature of Newfoundland, it is not easy to see what in the original correspondence as in the transaction itself, a mere suborilina.te feat· firm or valuaole measure for the privilege of article 18, as conceded to tho United ure of the process of seininp- complained of, is now made prominent in tbe dis· States, this Government can promise to its citizens under the guarantee of the patch of Lord Salisbury. Tnere being no allegation that t.his use of the strand treaty. violates any provincial re~ulation of the fisheries, the point is made that the free "It would not, under any circumstances, be admissible for one government to dom of the fisheries accoroed by the treaty itself, in terms, excludes our fishermen subject the per sons, the property, and the interests of its fishermen to the unregu from this incidental use of the strand in the process of taking fish by seines. A lated re,!!Ula.tion of another government upon the suggestion that such authority true interpretation of the treaty concession gives no support to t his pretension. will not be oppressively or capriciously exercised, nor would any government ac The conc<.!ssion of fishing is " to take fish of every kind, except sh ell-fish, on the cept as an ailequate guarantee of the proper ex;ercise of sncJ;i authority over i~ cit sea-coast.s and shores, and in the bays, harbors, and creeks of tho Provinces, &c., \ izens by a foreign government, that, presumptively, regulations would be umform without bein~ restricted to any distance from the shore." Besides this conces ion in their operation upon the subjects of both governments in a. similar case. If there of fishing, which manifestly covers the use of the strand in the process of taking are to be regulations of a common enjoyment they must be authenticated by a com fish, a further permission t.o land upon the coasts and shores is concede.cl to our mon or joint authority. fisherm~n for the independent purpose of using the la.nd for " drying their net.s "But most manifestly the subject of the regulation of the enjoyment of the shore and currng their fish." The contention seems to be tltat, because specific permis fishery by the resident provincial population, and of the inshore fishery by our fleet sion to use the land for purposes not included in the process of "takin..,. ti sh " is of fishing cruisers, does not tolerate the control of so divergent and competing in given in terms, therefore the use of the strand ;.n the process of " takin:; fish" is terests by the domestic legislation of the provinces. Protecting and nursing the excluded, though, in the nature of the process of taking fish, the tempor~ry use of domestic interest at the expense of the foreign interest, on the ordinary motives the strand in managing the seines is a part of inshore fishing. This faulty reason of human conduct, necessarily shape and animate the local legislation. The evi ing is not helped at all by the proviso of the treaty that our fishermen, in u in<> dence before the Halifax commission makes it obvious that to exclude our fisher· their right on shore, sba.ll "not interfere with the rights of private property, o'r men from catching bait, and thus compel them to go without bait, or buy bait at with British fishermen, in the peaceable use of any part of the said coa.sts in their tho will and price of the provincial fishermen, is the interest of the local fishermen, occupancy for the same purpose." If this proviso does not include the use of the and will be the guide and motive of such domestic legislation as is now brought to strand in taking fish, it does not qualify the fishing concession. If it does include the notice of this Government. that use of the strand, then it construes such use as within the fishing concession "You will therefore say to Lord Salisbury that this Government cannot but ex· and qualifies it by the observance of private property on shore, and non·interfer press its entire dissent from the view of the subject that his lordship's note seems to enco with British fishermen using the strand in their fishing. indicate. This Government conceives that the fishery rights of the United States, Lord Salisbury's reference to the argument of Mr. Foster before the Halifax concecled by the treaty of Washington, are to be exercised wholly free from the commission on the independent subject of the commercial privileges for which the restraints and regulations of the statutes of Newfoundland, now set up as author British case demanded compensation in the a.wards, (and which were rejected by itv over our fishermen, and from any other regulations of fishing now in force or the commission as not within the purview of the treaty,) for the doctrines of this that may hereafter be enacted by that ~overnment. Government in regard to the use of the strand as an incident of the inshere fishery "It may be said that a just participation in this common fishery by the two parties concession, needs no serious comment here. If the "case" of either government entitled thereto may, in the common interest of preserving the fishery and prevent could fairly be referred to as maintaining propositions t-0 which it should be held ing confl.icts between the fishermen, require regulation by some competent au in this contention, the sp'ecial arguments pro a.nd con of counsel cannot usefully thority. This may be conceded. But should such occasion present itself to the be resorted to for this purpose. In this interlocutory argument on the commercial common appreciation of the two ~overnments, it need not be said that such com question the British counsel, in answering Mr. Foster, maintained the opposite petent authority can only be founu in a.joint convention that shall receive the ap construction of the treaty. Neither view had any important relation to the sub· proval of Her Majesty's government and our own. Until this arrangement shall ject then under discussion. be consummated, this Government must regard the pretension that the legislation The second topic of Lord Salisbury's dispatch, from which aid is sought for his of Newfoundland can rei:rulate our fishermen's enjoyment of the treaty right as main proposition, is the presentation of Mr. Marcy's circular to the collectors of striking at the treaty itself. customs, while the reciprocity treaty was in force, for promulgation among our "It asserts an autllority on one side, and a submission on the other, which has not fishermen, the whole text of which Lord Salisbury incorporate.s in his note. been proposed to us by Her Majesty's irovernment, and has not been accepted by' In the full copy of this circular, which is appended (No. 5) to the Babson and this Government. I cannot doubt that Lord Salisbury will agree that the insertion Foster report, the fishery re~ulations of the provinces t.o which it relates are re of any such element in the treaty of Washington would never have been accepted cited, and a. reference to these IS sufficient to displa-0e any inference that this Govern. by this Government, if it could reasonably be thought possible that it could have ment has assented to any curtailment, past or previous, by provincial legislation been proposed by Her MaJesty'sj;overnment. The insertion of any such proposi· of the freedom of the inshore fishery as conceded to our fishermen by the terms of tion by construction now is equally at variance with the views of this Government. the reciprocity treaty or the treaty of Washington. One of these regulations re "The representations made to .this Government by the interests of our citizens lates t-0 the demarkation of " gurry grounds," and the other to the reservation of affected, leave no room to doubt that this assertion of authority is as serious and spawning grounds, during the spawning sea.son, from invasion. "Gurry," or the extensive in practical relations as it is in principle. The rude application made to offal of fisli, was supposed to infect the waters, and the regulation was not of the twentyvesselsinFortuneBay of this asserted authority, in.January }fl.St, drove the right of taking tish, but of poisoning them. The care of the spawning beds them from tbeprofitableprosecutionof theirprojectedcruises. Bythesamereason in spawning sea.son, in like manner, was a regulation of the breeding of fish, not a tho entire inshore fishery is held by us upon the same tenure of dependence upon regulation of modes of American fishing. Both these regulations met the approval the Parliament of the Dominion or the leg:islatures of the several provinces. of this Government, and wore required by Mr. Marcy to be respected by our fish * * * * * * * ermen. for this reason and in the sense or being within the reasonable province of 11 In the opinion of this Government, it is essential that we should at once invite local civil jurisdiction, and not encroaching upon the province of freedom of the the attenticm of Lord Salisbury to the question of provincia.l control over the fisher fishery as rmparted by the reciprocity treaty. But the right of this Government men of the United States in Lheir prosecution of the privilege secured to them by to inspect all such laws and pass upon them as falling one side or the other of the the treaty. So grave a. question in.its bearing upon the obligations of this Govern· line thus firmly drawn is explicitly stated by Mr. Marcy. He says: ment under the-treaty, makes it necessary that the President should ask from Her "Should they be so framed or executed as to make any discrimination in fayor Majesty's government a frank avowal or disavowal of the paramount authority of of'.British fishermen, or to impair the rights secured to American fishermen by that provincial legislation to regulate the enjoyment by our people of the inshore fishery, treaty, those injuriously affected by them will appeal t-0 this Go>ernment for re· which seems to be intimated, if not asserted, in Lord Salisbury's note. dress." "Before a receipt of a reply from Her Majesty's government, it would be prema Accordingly, the fishermen are directed to make complaint, upon the case aria· ture to consider what should be tbe course of this Government should this limita· ing, either in respect to any law or its execution, " in order that the matter may be tion upon thetreaty privileges of the United States be insisted upon by the British arranged by the two government.s." government as their construction of the treaty." The position of this Government as laid down in my dispatch of September 28, In answer to this unequivocal presentation both of the freedom of the fishery as 1878, is, therefore, unembarrassed by any attitude in this contention heretofore this Government interpreted the concession of the treaty and of the absolute sup taken in any diplomatic discussion of parallel treaty engagements. Any particu pression of this treaty ri~ht as a. matter of practical value to our fishermen by this lar interpretation of the treaty as to the right to use the strand in fishing with actual provincial legislation, Lord Salisbury replied with less distinctness, no doubt, seines ceases to be of si~fica.nce in the issue now joined with the British g-oveni but yet in a sense which I could not but regard as disclaiming any right to qualify ment, because the provmcial laws in question prohibit the use of the semes at the treaty by municipal legislation previous or subsequent to its date.. .After inti all, and the ma.in proposition of tho British government subjects our treaty rights mating a dissent from the doctrine, if I had intended to assert it, "that no British to such legislation. So, too, the scope of this main proposit.ion ca.n be neither ob authority bas any right to pass any kind of law binding Americans who are fishing scured nor confused by the irrelevant consideration of the local jurisdiction within in British waters," Lord Salisbury says: three miles of the shore, over persons or property, of the running of civil or crim "On the other hand Her Majesty's government will readily admit, what is indeed inal process, of health or police regulations, of territ.orial sovereignty in the ab self-evident, that British sovereignty as regards these matters is limited in its scope stract. The issue between the two governments is a.s to what regulations of the by the engagements of the treaty of Washington which cannot be modified or a.f. freedom of the fishery, in the very matter of the time and manner of taking fish, fected by any municipal legislation. I cannot anticipate that with regard to these remain a part of British sovereignty ove.r the fishery under the color of sover prin~iples any difference will be found to exist. between the views of the two gov eignty over the place, when exclusive sovereignty over the fishery has been parted ernments. lf, however, it be admitted that the Newfoundland legislators have the with by Great Britain, and a participation in such fishery has been acquired by right of binding Americans who fish within their waters, by any laws which do not the United States, in the terms a.ud on the considerations of the treaty of \Vashing. contravene existing treaties, it must farther be conceded that the duty of determin· ton. · ing the existence of a.ny such contravention must be.undertaken by the govern· Upon this issue the position of this Government was notified to tho British gov ments, and cannot be remitted to the discretion of eu;hindividual fisherman, for ernment in Septem her, 1878, as follows: such a discretion if exercised on one side can hardly be refused on the other. "This Government conceives that the fishery rights of the' United States, con ;,; * * * * * * ceded by the treaty of Washington, are to "be exercised wholly froe from thci re "Her Majesty's government prefer the view that the law enacted by the legisla.. straints and regulations of the statutes of Newfoundland, now set up as authority ture of the country, whatever it may be, ought t-0 be obeyed by natives and foreign· over our fishermen, ancl from any other regulations of fishin~ now in force or that ersalikewho are sojourningwi\hin the territorial limits of its jurisdiction, but that may hereafter be enacted by that government." if a law has been inadvertently ;passed which is in any degree or respect at variance Upon this issue the position of the British government is now notified to us by with rights conferred on a foreii:ri power by treaty, the correction of the mistake the dispatch of Lord Salisbnry of April 3, ultimo, as follows. R eferring to these as committed, at the earliest period after its existence shall have been ascertained statutes of Newfoundland, Lord Salisbury says: and recognized, is a matter of international obligation." "These regulations, which were in force at the date of the treaty of Washing· This dispatch was received by me in November, and on the 23d of the same month ton, were not abolished, bnt confirmed by the subsequent statutes, and are binding the payment of the award of the Halifax commission was made at the date pro under the treaty upon the citizens of the United St.ates in common with British vided in the treaty. The further consideration of the Fortune Bay claims seemed subjects. The United States fishermen, in landing for the purpose of fi shing at to require only the verification of the facts on the pai:t of our clainJants, so far as Tickle Beach, in using a seine at a prohibited time, and in barring herrings with they were drawn in question by or were at variance with the repor t made to the seines from the shore, exceeded their treaty privileges and ware engaged in unlaw British government by its officers, and the communication to that government of ful acts." the results as finally insisted upon by us as the basis and measure of our claims. Lord Salisbury further states that Her Majesty's ~overnment •' havo always a.cl The eqrrespondence called for by Congress, and now submitted, shows the entire mitted the incompetence of the colonial or the imperial legisl:l.ture t.o limit by sub rejection of the claims on the grounds set forth in Lord Salisbury's dispatch of tlle sequent legislation, the advantages secured by treaty to the subjects of a.nother 6th of April last. power." Beforo considering the main proposition of the British government by which a There a.re but two grounds upon which the ·subordination of the Unite The statement of this proposition confutes it. The United States wou1c1 have ac and of injury to the provincial fishermen. The conduct of the contention through quired nothing of right if the concession was constantly subject to the will of Great out maintained the freedom of the fishery to the methods and occasions of our Britain for its exercise and enjoyment. Accordingly Lord Salisbury disclaims this fishing enterprise and skill, and insisted upon the right accorded, (which might pretension as ever having been held by the Briti.sh government as a reserved power, exhaust and destroy the fisheries so as to depreciate their benefit to the coast popu capable of exercise by any regulations subsequent to the date of the treaty of ·wash lation oven beyond the treaty period,) and not its actual exercise by our fishermen ington. But, manifestlv, antecedent regulations, as having force subsequent to the as the standard of estimate by which our money payment was to be fixed. treaty, cannot be sustailled upon the ground of sovereignty over the treaty conces In "the case of Her Majesty's Government,'' submitted to tbe Halifax commis sion by any better reason than new legislation of that quality and effect. If the sion, the following language is used to illustrate and enforce the advan~age in the treaty predominates over subsequent provincial legislation, encroaching upon the exten~ and met.hod of fishing, secured by the treaty: of 1871 over the restrictions treatY concession by stronger reason, it supplants previous protincial legislation, of the convention of 1818 : subversive or restrictive, of the treaty concession. If such previous legislation "The convention of 1818 entitled United States citizens to fish on the shores of persists after the treaty comes into operation, it must be because the treaty, in the Magdalen I11lands, but denied them the privile~o of landing there. Without . terms or by just interpretation, accepts this previous legislation as a part of itself. such permission the practical use of the inshore fisheries was impossible. Although But this is. the predominance of the treaty and not of the legislation, which thence such permission has tacitly existed, as a matter of sufferance, it might at any mo forth owes its vigor to the stipulations Of the treaty by which the United States ment have been withdrawn, and the operations of the United Sta.too fishermen in adopts and confirms the provincial legislation in force at its date. This is in sub that locality would thus have been rendered ineffectual. The value of these inshore stance the British contention, and, in the failure of the doctrine of reserved sover fisheries is great; ma-0kerel, herring, halibut, capelin, and launce abound and a.re eignty, is the only alternative basis of the presem proposition of the British gov caught inside.of the principal bays and harbors, where they resort to spawn. Be ernment. tween three hundred and four hundred United States fishin~- vessels yearly frequent The subject thus brought into dispute at this late date in the progress of the fish the waters of this group, and take large quantities of fish, ooth for curing and bait. ery negotiations between the two countries is simply what the fishery in provincial A single seine has been known to take at one haul enough of herrings to fill three waters, which the British government had at its disposal and which we a-0quired thousand barrels. Seining mackerel is similarly productive. Duriitg tho spring at its hands as .a matter of property and beneficial enjoyment, really was. and summer fishery of the year 1875, when the mackerel were closer inshore than That the British proprietorship in, and dominion over, this inshore fishery was per usual, the comparative failttre of the .American fishermen was owing to their being fect, absolutt3, and without incumbrance or limitations, and that this was the sub unprepared with suitable hauling-nets and small boat.s, their vessel8 being unable t,o ject concerning which the negotiations were occupied, and by and to which the treaty approach close enough to the beaches. equivalents were to be measured and applied, was certainly never doubted by the " In the case of the remaining portions of the seaboard of Canada, the terms of ne~otiators of this treaty on the part of the United States or of Great Britain. the convention of 1818 debarred United States citizens from landing at any part W natever this fishery was in its natural extent and value, in its geographical area .for the pursuit of operations connected with fishing. This privilege is essentiat to and itR multitude and variety of fish-products, that was the subject of which Great the successful prosecution of both the inshore and deep.sea aaheries. By it they Britain possessed thejus disponendi and that the subject of which the United States would be enabled to prepare their fish in a superior manner, in a salubrious climate, proposed to a-0quire an undivided share. The proportion of this fishery which Great as well as more expeditiously, and they would be relieved of a. serious embarrass Britain was to part with, and the United States was to appropriate, does not affect ment as regards the disposition of fish offals, by curing on shore the fish which the question of what the entire property was and was understood to be. Whatever otherwise would have been dressed on board their vessels, and the refuse thrown the United States would have acquired had Great Britain parted with the whole overboard. fishery, fife subject partitioned between them was this entirety, no matter what " .All the advantages above detailed hcve been secured.for a period of twelv ~ years t,o the shares in which it was to be enjoyed might be. It is equally clear that the United Stat,es fishermen. Without them, fishing operations on many parts of the coast negotiators on both sides assumed that Great Britain was dealing with this suQiect wauld be n-0t only imremunerative lntt impossible ; and they may therefore be fairly as sole owner, and that it had impaired neither its title nor its possession by any claimed as an important item in the valuation of the liberlies grant,ed to the United previous grant or incumbrance. Whatever right and enjoyment, then, by propri Stat,esunde~ article 18 of the treaty of W ashingt.on. "-Half/ax Com., volume 1, page 93. etorship and dominion Great Britain in its political sovereignty could impart to And agarn : . "tbe subjects of Her.Britannic Majesty," that right :ind enjoyment Great Britain " 4. Formation of fishing est.ablishmenfJJ. could impart "to the inhabitants of tho United States." " The privilege of establi.shing permanent fishing stations on the shores of Canadian This being the subject of the grant and this the title and possession of the grantor, bays, creeks, an ~ sage of the Eaton bill providing for the appointment of a tariff com Also, the petitions of Thomas L. Powers and of Frank Shelden, for mission-to the same committee. the abolition of the duty on type-to the Committee on Ways and By Mr. CALKINS: The petition of William Crawford and others, Means. -0f La Porte, Indiana, for the reduction of the duty on earthenware ByMr.RICHARDW. TOWNSHEND: The petition of A. Thresher, to the same committee. William H. Putnam, and others, citizens of Wabash County, Illinois, By Mr. CONGER: The petition of E. Hathaway and 15 others, sol for the passage of the Weaver soldier bill-to the Committee on Mil diers of Michigan, against the passage of the sixty-surgeon bill-to itary Affairs. t he Committee on Invalid Pensions. By Mr. WILLITS: The petition of John O'Hara, of Ann Arbor, By Mr. COX: The petition of Thomas J. Durant, Clark Mills, Pro Michigan, for pay for goods, &c., destroyed by soldiers of the United fessor Benton, Chase Roys, M. H. Doolittle, and 1,000 others, of the States Army during the late war-to the Committee on War Claims. District of Columbia, that Congress give the laboring classes, who are e.Jili>loyed six days in the week, an opportunity for mental improve- ment by opening the Congressional Library, Smithsonian Institution, and Medical Museum on Sundays and at night-to the Committee on the Library. IN SENA11E. By Mr. DEUSTER: The petition of Blair & Persons, C. Eissfeldt .& Bro., William Paschen and others, of Milwaukee, Wisconsin, for a TUESDAY, May 18, 1880. redaction of the dnty on earthenware-to the Committee on Ways and Means. Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. By Mr. DICK: The petition of William H. Wisner and 47 soldiers The Journal of yesterday's proceedings was read and approved. of Pennsylvania, for the passage of the bill equalizing bounties-to PETITIONS AND MIDtWRIALS. the Committee on Militarv Affairs. Mr. MORGAN. I present a memorial of the board of health of By Mr.ERRETT : Papersrelatingto the petitionof Joseph Hoover Alabama, remonstrating against any legislation which would impair for the removal of the charge of desertion-to the same committee. the usefulness of the State boards of health in regard to quarantines By Mr. GARFIELD : The petition of 26 druggists, of Columbus, by transferring their fnnctions to the National Board of Health. I Ohio, for the repeal of the stamp-tax on perfumery, cosmetics, and move its reference to the select committee on that subject. medicines-to the Committee on Wava and Means. Mr. HARRIS. I suggest to the Senator from Alabama. that the Also, the petition of George S. Redfield & Co., of Tiffin, Ohio, for memorial lie upon the table, as the bill upon the subject of which the the passage of the Eaton bill providing for the appointment of a tariff memorial treats is already upon the Calendar. commission-to the samo committee. Mr. MO~GAN. Very well. Also, the petition of L. M. Dayton, of Cincinnati, Ohio, of similar The PRESIDENT pro tempore. The memorial will lie on the table. import-to the same committee. Mr. McPHERSON presented the petition of Charles W. Cronk, late By· Mr. GEDDES: The petition of A. D.Fosdick and 19 others, sol chief engineer of the United States monitor Naubuc, praying for an diers of Liberty, Indiana, against the passage of the sixty-surgeon pen increase of pension; which was referred to the Committee on Pen- sion bill, and for the passage of the bill providing for a court of pen siOns. . sions-to the Committee on Invalid Pensions: Mr. CONKLING presented the petition of the Root Manufacturing By Mr. HALL: The petition of Sawyer Woolen Mills Company, for· Company, of Cohoes, Albany County, New York, manufacturers of the passage of a bill providing for the appointment of a tariff com- woolen goods, employing six hundred. hands, and the petition of sev mission-to the Committee on ·ways and Means. · eral firms of Cohoes, New York, manufacturers of woolen goods, em By Mr. HARMER : The petition of Charles Spencer & Co. and other ploying a large number of hands, in favor of the passage of the Eaton manufacturers of Philadelphia, Pennsylvania, employing twenty bill providing for the appointment <;>fa tariff commission; which were seven hundred hands, of similar import-to the same committee. ordered to lie on the table. By Mr. HAWK: The petition of the Hanover (Illinois) Manufact Mr. CARPENTER presented the petition of Hamilton Shidy, of uring Company, of similar import-to the same committee. Milwaukee, Wisconsin, praying remuneration for the use by the Gov By Mr. HAWLEY: The petition of William S. Bouton and 80 others, ernment of his invention of a postal-registry pard; which was referred citizens of Connect.icut, ex-soldiers of the war of the rebellion, for the to the Committee on Post-Offices and Post-Roads. Geddes bill to establish a pension court, and against the sixty-sur Mr. TELLER presented a letter of the Secretary of War, relative geon bill- to the Committee on Invalid Pensions. to the Fort Sedgwick reservation in Colorado; which was referred By Mr. HAZELTON: The petition of ex-soldiers, for pensions on to the Committee on Military Affairs. . .account of disability from imprisonment-to the same committee. By Mr. KILLINGER: The petition of Charles Godshalk, of Milton, REPORTS OF COMMITTEES. "Pennsylvania, for the passage of the Eaton bill providing for the Mr. CAMERON, of Penneylvania, from the Committee on Military ..appointment of a tariff commission-to th~ Committee on Ways and Affairs, to whom was referred the petition of William Hansell & Sons, .Means. of Philadelphia, Pennsylvania, praying to be reimbursed for moneys By Mr. LOWE: The petition of David D. Shelby, Milton Humes, paid for royalty on knapsacks manufactured for the United States, William M. Holding, L. P. Walker, and others, for the erection of a submitted a report thereon, accompanied by a bill (S. No. 116 ) for public building at Huntsville, Alabama-to the Committee on Public the relief of William S. Hansell & Sons. Buildings and Grounds. The bill was read twice by its titlo, and the report was ordered to By Mr. MANNING: The petition of Dock Woods, Levi Jack, and be printed. others, of Beloit and Olive Branch, Mississippi, for relief on account He also, from the same committee, to whom was referred the bill of having been paid for their services as soldiers in the late war in (S. No. 1645) for the relief of Lieutenant John A. Payne, Nineteenth er, New York, 40,000; but this sum is appropriated sub Improving Buttermilk Channel, New York, $60,000. ject to the provisions and limitations contained in the act of .June 18, 1878, relating Improving Ashley River, South Carolina. $1,000. to said Harlem River improvement lµld the right of way therefor. Improvement of Elk Ri"rnr, Maryland, ~5,500. Improving Missouri River at Le:rinaton, Missouri, 15,000. Improving Cheesequake's Creek, ew Jersey, $20,000. The Secretary of War is hereby auttorized to a.ssiga an engineer from the Corps Improving Vermillion River, Loni iana, $5,0UO. of Engineers of the United States to prepare a. plan and advise with the local engi Improving Bayo~ Terre Bonne, J.Amisiana, 10,000. neer in the e.:i..--penditure of such sum a.:i may be appropriateu by the local authori· Improving Bayou Teche, from SaintMartiusvilletoPort Barre, Louisiana, 6,000. ties for the improvement of the harbor at Kewaunee, 'Visconsin. Improving Bayou Courtableau, from Port Barre to Atchafalaya, Louisiana, 7,500. Improving Volusia. Bar, Florida., SJ,000; and the Secretary of Wnr is hereby Impro•ing Susquehanna River, Pennsylvania, f_rom Richard's Island up, $25,000. authorized to make such special contract for tlhe prosecution of this work as may, Construction of harbor of refu__ge at Grand Marais, Michigan, $10,000. in his judgment, best promote the interests of the Go•ernment. Improving Pearl River below tJ ackson, Mississippi, $30,000. The balance in hand, after payment of any esistin~ liability, collected heretofor& Improving White River abo•e Buffalo Shoals. Arkansas, $5,000. as tolls on the Louisville and t'ortlaud Canal, or which ma.y hereafter be so col Improting Saint Francis River bemeen Wilkesbnrgh and Lester Landing, A.I. lected prior to the passage of an act to make said canal free to the public, is hereby kansas, $5,000. authorized to be expended for its improvement: Provided,, Such expenditure shall Improving wpite River bemcen .Jacksonport and Buffa.lo Shoals, Arkansas, not exceed $60,000: Provided further, That so much thereof as may be necessary $5,000. shall be used in the operation of said ronal : And providedfurther., That this enact Improving Passaic River, Now Jersey, from Pennsylvania Railroad bridge to ment shall. take effect only upon tho passage of tho act to make said canal free for its mouth, $30,000. public use. Improving Arkansas River at Pine Bluff, Arkanros, 25,000. Improving Yellowstone River, Montana. and Dakota, $15,000. Improving Mississip,Pi Rh-er at Natchez ruid Vidalia, 40,000. Impro>ing ha.rbor at Brazos Santia"O, Texas, 25,000. Improving Skagit River, Washington Territory, $2,500. For continuing the improvement ofSebewaing Harbor, Michigan, 7,000. Improving .A.mite River, Louisiana, SB,000. Of the sum of ~150,000, appropriated by the act of :March3, 18W, forthe construc Improving Newtown Creek, New York, $10,000. tion of a. breakwater on the Pacific Ocean, between the straits of Fuca a.nd San Improving Pagan Creek Virginia, 5,000. Fr:moisco, California, the sum of 1,:>50,000 is hereby reappropriated ; of which amount Improving Scituate Harbor, Massachusetts, $7,500. $40, 000 shall be expended in the i.mpro>ement of Ta.kina H.'l>rbor, Orei;on, and $10,000 Improving Taunton River, Massachusetts, 17,500. in the i.mpro•ement of Coquille River, Oregon, under the direction of the Secretary Improving Block Island Harbor, Rhode Island, $4,000. of War. ' 1880. CONGRESSIONAL RECORD- HOUSE. 3437 O,OOO. Michigan, which is almost. en.~ely s~- would not object to something in it; but there is no item in it that I'C?n~de cl by water, does not get as much as Kentucky and West VJ!glilla. V~· d"d t et w"th the approval and the adoption of the committee as gm1a alone ~ets ::?60,000, while the States of North and South Carolliia, Georgia, 1 no !Ile 1 • .anclFlorida, with their long coast lines, get all together o~y about double as much. _a committee. And so 1t comes here to-day, l\Ir. Speaker. 1880. CONGRESSIONAL RECORD-HOUSE. 3441