. ,- x · . - '

1886. CONGRESSIONAL RECORD-SENATE. 4657

terests, and ordered to be printed, with the amendments of the Senate. Kankakee County, Illinois, for legi.slation against imitation butter-to Mr. KING. I move that the House do now adjourn. the Committee on Agriculture. The motion was agreed to; and accordingly (at 4o'clock and 45 min­ By Mr. nANDALL: Petition of cutters, trimmers, and other skilled utes p. m.) the House adjourned. mechanics of Philadelphia, Pa., against the proposed reduction of the duty on ready-made clothing-to the Committee on Ways and Means. By Mr. RICHARDSON: Papers relating to the claim of William F. PETITIONS, ETC. T. Coleman, of Rutherford County, Tennessee-to the Committee on The following petitions and papers were laid on the Clark's desk, War Claims. under the rule, and referred as follows: By Mr. RIGGS: Resolutions of the Commercial Exchange of Chi­ By 11Ir. BEACH: Petition of citizens of Newburgh, N.Y., for the cago, against taxation of oleomargarine-to the Committee on Agri­ redemption of the trade-dollar-to the Committee on Coinage,· Weights, culture. . and Measures. .Also, protest of the Kansas City Board of Trade, against taxation of By Mr. BENNETT: Petition of the president _and faculty of the Uni­ oleomargarine-to the same committee. versity of North Carolina, for experimental stations in aid of agdcult- Also, protest of the Kansas City Live-Stock Exchange, against the ure-to the Committee on Agriculture. · bill to tax oleomargarine-to the same committee. By Mr. BLAND: Petition of citizens of Wright, Webster, and La­ By Mr. SAWYER: Petitions for amendment of patent laws-to the clede Counties, Missouri, for opening up Oklahoma Territory-to the Committee on Patents. Committee on the Territories. By .Mr. SHAW: Petition of citizens of Carroll County, Maryland, By Mr. BUCHANAN: Petition of Grange No. 40, of New Jersey, for for retirement of the trade-dollar -to the Committee on Coinage, the suppression of the manufacture and sale of imitations of da-iry prod- Weights, and Measures. • ucts-to the Committee on Agriculture. . By Mr. STORM: Petition of the Cltamber of Commerce of Cincinnati, By Mr. J. M. CAMPBELL: Petition l>f citizens of Bedford County, against taxing oleomargarine and butterine-to the Committee on Ag­ Pennsylvania, asking that a pension be granted to.Asahel Walker, late riculture. of Company A, Eighty-fourth Pennsylvania Volunteers .(Honse bill By Mr. TUCKER: PetitionofNicholasO'Keefe, forpensionasschool 8716)-to the Committee on Invalid Pensions. ' teacher-to the Committee on Pensions. By Mr. DORSEY: Sundry petitions from 33,000 citizens of Nebraska, By Mr. WHITING: Petition of citizens ofFitchburg, Mass., for tho asking the passage of the bill giving permission to the U¢on Pacific . bill establishing a national board of health-to the Committee on Com­ Railway Cpmpany to build branch lines-to the Committee on Pacific merce. Railroads. Also, petition of citizens of South Hadley, of Chicopee, of Holyoke, By Mr. DUNN: Petition of Richard D. Lamb and John 11f. Lamb, of Plainfield, of Hatfield, of Athol, and of Prescott, Mass., in favor of praying that their war claim be referred to-the Court of Claims-to the the bill taxing imitation butter-to the Committee on Agriculture.· Committee on· War Claims. By Mr. WISE: Petition of Peter Tresnon, private CompanyB, Sixth By Mr. ERMENTROUT: Petition of 53 miners, laborers, and others, Regiment NewYork Volunteers, for changeofrecord of charges of de­ of Philipsburg; of161, of Snow Shoe, Centre County; of 54, of Karthaus; sertion-to the Committee on Military Affairs. oJ 248, of Osceola. Mills; of 572, of Houtzdale; of 503, of Du Bois, Clear­ The following petitions, urging the adoption of the bill placing the field County, Pennsylvania, requesting an investigation by the Curtin manufacture and sales of all imitations of butter under the control of committee of labor troubles in said district-to the Commit,tee on La­ the Commissioner of Internal Revenue, taxing the same·Io cents per bor. - pound·, and urging the adoption of such effective measures as will save By Mr. EV.ANS: Petition of 168 citizens of Bucks County, Pennsyl­ the dairy interests from ruin and protect consumers of butter _from vania, praying for the redemption of the trade-dollar-to the Committee fraud and imposition, were presented: a1;1d severally referred to the Com­ - on Coinage, Weights, and Measures. mittee on .Agriculture: · By 1\Ir. EVERHART: Petition of Grange No. 60, Patrons of Hus­ By Mr. SHAW: Of dairymen and butter-makers of Carroll County, bandry, of Chester County, Pennsylvania, praying for the suppression Maryland. of imitation of dairy products-to the Committee on Agriculture. The following petitions, praying Congress for the enactment of a law Also, memorial of same, protesting against the admission, free of duty, requiring scientific temperance instruction in the public schools of the of agricultural raw material-to the same committee. District of Columbia, in the Territories, and in the .Military and· Naval By Mr. GROUT: Petition of Joel H. Marsh and 71 others, citizens Academies, the Indian and colored schools suppported wholly or in part of Sharon, Vt., for a tax on oleomargarine-to the same committee. by money from the national Treasury, were presented, and severally By Mr. HERUAN: Petition of Herman Baumhager, of Oregon, for referred to the Committee on Education: increase of pension, with accompanying papers, to accompany House By Mr. BENNETT: Petition of citizens of :Mecklenburgh County, bill 6958-to the Committee on Invalid Pensions. North Carolina. Also, affidavits, petitions, and proofs on behalf Of claim of Kate Hali­ By Mr. BRUMM: Of citizens of Schuylkill County, Pennsylvania. ton, of Oregon, to accompany House bill 6553-to the Committee on By Mr. D. B. HENDERSON: Of citizens of Dubuque County, Iowa. Claims. By Mr. HITT: Of G5 citizens of Stephenson County, .illinois. By M.r. HEWITT: Petition of the Berdan Fi.re-arms Manufacturing Bv .M.r. WAIT: Of Rev. S. G, Willard and other citizens of New Company, for relief-to the same committee. . Lon.don County, Connecticut. .Also, petition of Eugene E. McLean, for removal Qf political disabil­ ities-to the Committee on the Judiciary. B)! Mr. HIRES: Petition for relief of Joseph Curriden (House bill 1491)-to the Committee on War Claims. SENATE. ByM.r. KELLEY: Petition ofGeorgianaShowers, fora widow's pen­ sion-to the Committee on Invalid Pensions. WEDNESDAY, May 19, 1886. .Also, petition for the protection of the purity of girls under eighteen Praye1· by the Chaplain, Rev. J. G. BUTLER, D. D. years of age-to the Committee on the Judiciary. - The Journal of yesterday's proceedings was read and approved. By Mr. KING: Petition of captains and owners of steam-vessels run- ning on the Ohio and Mississippi Rivers, against tbe building of a low POTOMAC RIVER BRIDGE AT ANALOSTAN ISL.L.~ D . bridge across the Ohio River at or near Cairo, lll.-to the Committee The PRESIDENT pro tempore laid before the-Senate a communica- on Commerce. tion from the commissioners of the District of Columbia; which was By .M.r. NE.AL: Petition of John Stewart, of Bledsoe County, Ten- read, as follows: nessee, asking pay for services as recruiting officer during the late war, OFFICE o F THE CoMMISSio~s, DISTRICT oF CoLUMBIA, and pay for expenditures incurred in and about said recruiting-to the i' Washington, May 18,1886. Committee ou War Claims. · ~IR: In response to the Senl!-te_ resoluti?n of May 3, the comm~ioners beg . . . to Inform the Senate that prehmmary estimates of the cost of a bridge across By Mr. 0 S BORNE: Resolutions of the Commerc1al Exchange of Chi- the Potomac to connect the city of Washington with the Arlington National cago, opposing tax on oleomargarine-to the Committee on Agriculture. Cemete_ry have beef!- prepared. _ Also resolution of the Commercial Exchange of Philadelphia fav- The line of the bridge JSappro.nmately _that of New Yor_k avenue pr~Ionged, · 'h d · . . ' and, traversing Analosta.n Island, leads dJiectly to the mam gate of Arlmgton. onng t ere emption of the trade-dollar-to the Committee on Comage, As the Senate resolution conveys no intimation of the character of the pro- Weights, and Measures. posed. structure ~or ?ftheprobable uses to be made thereof, the commissioners Also, resolution ?f the Chamber of _Commerce or Cincinnati, opposing ar!Jfe:!!~~~! :~i~a~st~~veerbie~c~ade for an iron trussed structure for the tax on oleomarganne-to the ComiD.lttee on Agncnlture. entire width of the valley and for a combined truss and embankment cionstruc- By Mr. PARKER: Petition of the Legislature of New York in favor tion. . . . of granting relief to Jonathan D. Stevenson-to the Committee on Mil- The ::;-eneral features of both are for a roadway of 20 feet m Wldth w1th two -ta A-. . 6-foot Sidewalks, open spans of 210feet each, and a. draw-span over the channel 1 ry .o..u.arrs. of 250 feet, with center pier. The bottom chord of the bridge is 20 feet above 'J Also, petition against changing the tariff on spool-cott<>n-to the Com- mean low water. mittee on Ways and Means Plan A includes 1,300 linear feet of trussed bridge as above proposed, with -.·..- p S .. · . . . 2,100 feet of embankment; total cost, S350,000. Jf the roadway be reduced to 18 ') B y J.Ur. A Y ON: Petition of L. Martin and many others, c1tizens of feet and the sidewalks be omitted, the cost would be 3300,000. -

\ • ) XVII--292 v.

• ~. - . _:·_ -- 4658 CONGRESSIONAL RECORD- SENATE. }lAY 19,

Plan B is for a trussed iron structure throughout, with no embankment. The pany are the Florida Railroad, which sold in 1866 for $320,000, payable estimated cost is $4.00,000. With the reduced dimensions as undersubplanAtbe cost wonld be $360,000. · in its bonds at 20 cents in the dollar; the Pensacola and Georgia Rail­ The constructions a)love ·estimated for are about the cheapest that it would be road, which sold in 1869 for $1,400,000, of which about $900,000 was at all worth while to consider. Of the two, plan A is the cheaper and probably paid in bonds bought at 30 and 40 cents, and which was again sold about the more advantageous, if the embankment across Analostan Island and the marsh beyond be not considered injudicious. . 1880 subject to a lien of about $900,000; the Florida, Atla.ntic and Gulf · If more ornamental structures of greater capacity be contemplated the cost Central Railroad, wliich was sold in 1879, I think, for about $120,000, . will depend upon the plan adopt-ed. payable in bonds at 20 cents in the dollar, with about 120 miles of new In addition to the above the Senate resolution requires an estimate of the cost of converting the plateau-belonging to .A.rlino-t-oninto a parade-gronnd. In tbe road. This property, the trustee and the receiver testify, is now bonded absence of detailed surveys, for which no prov~ion exists, it is roughly estimated for$18,080,000. Itproducesagrossincomeof 1,000,000 annually, and that the cost of conversion as indicat-ed may be placed at about $100 per acre, is subject to a fixed interest charge of about $450,000. We are there­ which for the 200 acres in question would aggregate $20,000. Very respectfully, fore confronted with the question on which the Senate lately acted in W. B. WEBB, President. the interstate-commerce bill, which the Sen::tte passed by a vote of 44 in llon. JOHN SHERMAN, favor of the bill and 4 against-the question which of all others now Pt·esident pro t~1Jore t•nited States Senate. menaces the country and oppresses the people, increasing the cost of ·The PRESIDENT pro tempore. The communication will be printed living and depressing the business of the country, which bas deprived and referred to the Committee on the District of Columbia if there be a million of men of employment and made hundreds of thousands of no objection. starving women and children. . Mr. DAWES. I should think it had better go to the Committee on The paramount and overshadowing question,· How shall Congress and Appropriations. the States so legislate as to prevent the $3,000,000,000 of watered and The PRESIDENT p1·o temp01·e. Does the Senator so move? fictitious bonded debt, with its three or four hundred millions of annual Mr. DAWES. I think it shoultl be referred to that committee. tax levied on the people of this country, from remaining a perpetual and The PRESIDENT pro tempore. The communication will be referred crushing burden on all the industries and labor of the people? is met by to the Committee on Appropriations. this petition of the board oftrade, requesting that this fifteen millions Mr. DAWES. It relates to a matter before the Committee on Appro­ of indebtedness shall be approved by Congre.ss and rewarded with a priations. gift of the public land by the renewal of a railroad grant which ex­ PETITIONS ~D l'l!IDIORI.ALS. pired twenty years ago, and with the power to demand from the set­ tlers on the,public land of the United States from one and a half to The PRESIDENT pro tempore presented the petition of William Web­ two millions of dollars as the price of their homes. · eter, of Washington, D.C., praying Government aid in furtherance of I will print, as a part of these remarks; the following extracts from his claims against Great Britain; which was referred to the Committee the able speech of the Sei1{1.tor from Texas [Mr. CoKE] on this subject, on foreign Relations. delivered in the Senate yesterday: Mr. CALL. I present the petition of f\Irs. Louisa A very, formerly No honest man can read the testimony on the files of the two Houses of postmaster at Tallahassee, Fla. The petitioner prays for the adjustment Congress, taken by the various committees who have from time to time in­ and payment of the difference of salary .allowed by Department circu­ vestigated the subject, without a feeling of profound indignation and disgust, lar No. 1223, November series, 1884, under the terms of the act of that a ·vital necessity to the whole country, like our great railroad system, should be an instrumentality in the. hands of a few individuals for the sys­ March :r, 1883, which she allef,res has been denied to her by the action tematic robbe1·y of all the people of the country. That it is so used is not a of the Postmaster-General. I move the reference of the petition to the matter of conjecture, nor does it rest on the assertion ·of enemies of railroad Committee on Post-Offices and Post-Roads. corporations, but is shown by the testimony of some of the ablest railroad men and experts in the United States, some of whom for years have been engaged The motion was agreed to. in the highest branches of rai11·oad administration ..1\Ir. Ilenry V. Poor, the Mr; CALL. I aJ.so present a preamble and resolutions adopted by author of Poor's Railrol!.d :1\Ianual, to whose testimony before the Senate com­ the Board of Trade of Jacksonville, Fla.; which was read, as follows: mittee I have alreadv adverted, and who will be accu ed by nobodv or un­ friendliness to railroad corporations, in his statement estimates that of the capi­ Whereas the board of trade has been. informed that a. resolution has been in­ tal stock, bonds, and other evidences of indebt-edness i ued by the railroads troduced into the United States Senate looking to the forfeitnre of the land or the United States, amounting at the close of 1883 to $7,495,471,311, at least granted to the Florida. Railway and Navigation Company: Therefore, $2,000,000,000 rep~esents w bat is known as "watered tock." JJe it resolt;ed, That it is the sense of the Jacksonville Board of Trade that it would be t-o the int-erest of the State of Florida to grant further time for the com­ * * Iii * • "' pletion of said railroad, and that the land grant-ed to said company by the United In 1830 there were only 23 miles of railroad in operation in the United Staten. States should not be forfeited, as this board luis perfect confidence tba.t the said For more than two hundred and fifty years this country has been developing, railroad will carry out in good faith the pnrposes of its original charter. and its millions of hardy, enterprising, and thrifty people laboring and strug­ Resolved, That a. copy of these resolutions b-e forw11rded by the secretary to gling and saving up wealth. It is too heavyadraught upon the credulity of the the Senators and Representatives in Congress. country to expect it to be believed that the comparatively few persons who have for fifty years only been building and operating railroads have honestly ac­ In presenting this petition I desire to say that I ask its respectful con­ quired one-fifth part of all the accumulations of value in the country. That they claim to have done so is certain. That the fignresatwhicb they value rail­ sideration by the Committee on Public Lands and by the Senate. I road property, stocks, &c., sustains that claiql is equally certain. That they tax have presented a large number of similar petitions from citizens of the the people for transportation on a basis established for the purpose of paying State of Florida, for which I also ask the most careful consideration. I interest in the shape of dividends on the amount thus claimed to be milroa.d values is unquestionable, and that at least ·one-half, and most probably a con­ am myself opposed to the action prayed for by these petitioners. siderably larger proportion, of the alleged values is fictitious, bogus, " watered · The petition in effect asks Congress to extend a railroad grant which stock" does not admit of a doubt or question. · expired in 1866 and. to re-enact it. This action by Congress would in "\Vatered stock" means stock created by a stroke of the pen, costing nothing except the paper and ·ink used in making it, and representing not a. penny of my opinion substantially be to recognize and give its approval to about actual capital or value, but which is add~d to the actual, bona fide stock which $15,000,000 or $16,000,000 of fictitious securities in the shape of watered represents capital, and counted as part of the cost of the railroad, and freight stock and fictitious bonded indebtedness placed on this railroad prop­ and passenger rates are fixed high enough to pay dividends upon the whole, fictitious as well as real. Through this device .honest tockholders are de­ erty above either its original cost or the price paid for it by the persons frauded and the people compelled to pay nearly double rates for transportation, DOW holding it. because the corporations claim the right to fair profits or dividends on the en­ It would be for Congress to give its approval to the methods and prac­ tire stock,'' watered" as well as real. This watered stock, representing noth­ ing but the wrong which created it, stands on the books of the railroad corpo­ tices by which $3,000,000,000 of fraudulent and fictitious seciirities rations, in the stock markets, everywhere, on the same footing with stock hon­ have been put upon this country in defiance of law and without the estly representing cash value, draws the same dividends, and comni.ands the consent of the taxing power, and by which an annual tax of between same prices, and the people are taxed in transportation charges to pay interest on it as if it represented full and honest cash face value. two and four hundred millions of dollars is imposed on the labor and Through this process of fraudulently wat-ering railroad stocks a perpetual industries of the country without the authority of law, but in the mortgage for an amount greater than the entire national debt when at its great­ forms of law, and with a certainty and a relentless power which will re­ est figure after the w:tr, before its reduction was commenced, bas been placed upon the industry of the country, exacting from everv person and everyP.ound quire the greatest etforts on the part of the people to prevent and over­ of freight carried its daily and hourly tribute. In order to give some 1dea or come-a tax on locomotion and transportation paid by everyman, woman, the methods through which stock-watering is performed I here read from the and child; a tax equal in amount and more oppressive than the entire testimony of Mr. Simon Sterns, representing the Board of '.rrade and Trans­ portation ofNewYork, given before the Senate committee, and found on pages taxation required for the support of the Federal Government, with its 'i8 and 'i9 of the volume of testimony. · great army of pensioners, all to pay. the interest on fraudulent and unreal securities, issued without consideration, and made operative through the Mr. F. B. Thurber,ofNewYork,onpeges274ofhistestimony,sai~: connivance and permission of the tribunals charged by the people with That if this stock which had previously been largely watered bad not again been watered" the public would have been 100,000,000 richer and Mr. Vander­ the protection of the public and the just enforcement of the law. bilt and his associates ,.100,000,000 poorer." "Overc.'l.pitalization" is the polite It asks an impositi{)n of between five and eight hp.ndred thousand designation for this method of plundering the people. The same gentleman in his testimony said: "Excessive capitalization oper­ dolln.rs of annual taxation upon the people of Florida in the shape·of ates as a mortgage upon the industry of the country whenever the-power exists transportation to pay the interest upon these fictitious securities; and to impose rates for transportation which will yield dividends on watered stock." it further in effect asks that it be put in the power of this railroad com­ The power to impose rates exists universally with the corporations, except in panyor of those who hold the fictitious securities to take from the set­ therarecaseswhencompetitioncontrolsthem. Pooling, which isnowthe order of the day among railroads, and is uttedy destructive of competition, gives to tlers upon the public lands in the State of Florida between a .million railroad corporations power to exact full dividends upon their fictitious watered and a half and two million dollars as a contribution to the great prop­ stock. n bas become an axiom in railroad administration that when combina­ erty which they have already accumulated by gratuities from the United tions are possible competition is impossible. Corporations which, in violation of official trust, defraud honest st-ocklroldct·s States and the State. and plunder the public in amassing princely fortunes for themselves. ID is to gi ,.e Th~ailroads constituting the Florida Railway and Navigation Com- value to this fraudulently issued stock and buoy it on Wall street, that dividends 1886. CONGRESSIONAL RECORD-SENATE. 4659

on it are forced by double charges on the public for transportation, and by cutting ask that the report may be printed and that the clerks make the proper down the wages of labor. In order to keep up the value of stock the charges mu t be sufficient to pay interest on the bonds outstanding, because that must entry on the Calendar. be paid first, und then to pay the dividends on the stock, so that the stock and The PRESIDENT pro tempore. The report will be printed nnd noted bonds constitute the basis for transportation charges. on the Calendar. l\lt'. Josepht of Iowa, a witness before the committee, stated that the aggregate of the bondea debt and stock of the railroads of Iowa amounted last year, ac­ Mr. DOLPH. By direction of the Committee on Claims I report an Cording to official reports, t-o S258,000,000, while the property of the roads upon original bill for the relief of James S. Clark & Co., which I ask to have which they paid taxes was assessed at only $30,000,000, and that the annual net read twice and placed upon the Calendar; and when Order of Bns~ness profit of the roads was within a fraction of 5 per cent. on the first-named amount, or about 12,000,000, which is exactly 40 per cent. net profit on the amount they 213, being the bill (S. 41) for the relief of the same claimants, is 1·eached assess for taxe ; and itwill be remembered that this profit was made during a I shall offer this as a substitute for that bill. period of unparalleled depression. I read from the testimony, page 1036: The bill (S. 2474) for the relief of James S. Clark & Co. wns read " Senator HARRIS. Did I understand you correctly when I understood you to say that the stock and bonded debt amounted to 1258,000,000 on your railroads? twice by its title. "Mr. JosEPH. Yes, sir. Mr. DOLPH, from the Committee on Claims, to whom was referred "Senator HARRIS. And that the assessment for taxation was $30,000,000 in the the bill (H. R. 4837) for tlie relief of Mary E. Whitehead, submitted aggregate? an ad'\"erse report there~, which was agreed to; and the-bill was post- "M.r. JoSEPH. Yes, sir. "Senator RA1rn1s. A difference of $228,000,000? poned indefinitely. · "l\Ir. JOSEPH. The assessment is about one-ninth of the sum on which they Mr. MAXEY, from the Committee on Post-Offices and Post-Roads, draw revenues." to whom w:ls referred the bill (S. 2414) for the relief of Miss Eula E. The ~sessment for taxes to the State about one-ninth of the sum on which their rates and charges are fixed and on which they draw revenues. This ta.te­ Henry, reported it without amendment, and submitted a report thereon. _ ment as to the Iowa roads is believed to be equally true as to the proportion of He also, from 'the same committee, to whom was referred the bill (S. "water" in railroad stocks throughout the Southwest. I could multiply quotations to the srune effect indefinitely from the mass of 2261) for the relief of R. R. Tinsley and Uiss Enlu. E. Henry, .mored testimony before the Senate, but will not consume more time to do so. It is its indefinite postponement; which was agreed to. sufficient to say that all the testimony concurs in attributing to overcapitaliza­ Mr. SAWYER, from the Committee on Pension , to whom were re­ tion, or, in other words· to fraudulently issued stock and bonds known as "wa­ ferred the following bills, reported them sererally without amendment, tered stock," all the difficulties surrounding railroad administration, produc· ing,as it does, a war between the people and the railroad corporations, the and submitted reports thereon: · former trying to protect themselves from extortionate rates sought to be en­ A bill (H. R. 7436) to grant a pension to Mary Anderson; forced by the latter for the purpose of making dividends on fictitious capital, bill (H. granting a pension to Henry Cartin;. or, to speak more accurately, on no capital at all. A R. 6566) I. The mystery as to the mode of accumulating the colo sal fortunes which in A bill (H. R. 7253) for the relief of Joseph Guy; the last fifteen years have been amassed by leading railroad men is solved un­ A bill (H. R. 6247) granting a pension to Mayberry Vance; der the Ught of the undisputed facts, which show wholesale pillage of the pub­ A bill (H. to restore name of Abner Morehead the lic in the administration of the great transportation business of the country. R. 3304) the to These great railroad lines are as necessary to the civilization and commercial, pension-roll; social, and political life of the Republic as blood circulation is to the life of A bill (H. R. 504) granting a pension to Anna, Kessinger; man, and disease, impurity, and taint in the latter is no more fatal to physical A bill granting pension James Irwin; health than corruption and dishonesty in the management of the former is-to IH. R. 3640) a to T. the henlth of the body-politic. The duty of the goyernment, State and national, A bill H. R. 1177) granting a pension to William J. Barker; is plain. Congress should no longer permit corporations in their own in­ A bill (H. R. 7257) granting a pension to James H. Darling; terest to regulate inte~tate commerce as they now do, to usurp a function A bill granting pension to Rebecca vested by the Constjtution in Congress, but should itself by law regulate H in (H. R. 6323) a Reese McKee; the interest of the public in a mode which shall be fair to honestly invested A bill (H. R. 6753) granting a pension to Mrs. Alice E. TraYers; capital. But the chief responsibility and the hlghest duty rest with the States A bill (H. R. 5414) granting a pen.sion to Maria Cunningham; which havo chartered the great railroad corporations. These owe it to them­ bill granting~ pension to Cummins Porter; selves, to their people, to the!.reat right of local self.government which needs· A (H. R. 8086) ·to be vindicated in this regar , to take hold of this subject in earnest and deal A bill (H. R. 5232) for the relief of Mary Haw he; and with it as its stupendous importance demands. The power is in their hands to A bill (H. R. 5492) granting a pension to Eliza Newman. apply the remedy, Mr. BLAIR, fro~ tbe Committee on Pensions, to wliom were referred I move the reference of the ,Petition to the Committee on Public the following bills, reported them severally without amendment, and Lands. submitted reports thereon: The motion was agreed to. A bill (H. R. 7509) granting a pension to Cecelia C. McKenna; :M:r. McPHERSON presented a petition of c~tizens of New Jersey, A bill (H. R. 5434) granting a pension to Amos C. Wertz; pru.ying for the enactment of a law providing for the redemption of the A bill (H. R. 3501) granting a pension to Daniel J. Bingman; trade-dollar; which was referred to the Committee ori Finance. A bill (H. R. 6176) granting a pen,sion to Margaret May ~am; M.r. DAWES.- I present the petition of George M. Lyons and other A bill (H. R. 6193) granting a pension to Charles Foreman; members of the George E. Sayles Post, No. 126, Grand Army of the· -A bill (H. R. 4382) to increase the pension of John F. Chase; Republic, praying fur legislation that will make more just and equal A bill (H. R. 5411) granting a pension to John Butler; the pensions, and especially of those soldiers who have lost bot.h arms. A bill (H. R. 7641) granting a pension to Sophronia 'Vit_bam; They theref9re pmy for the passage of Senate bill No. 927, in relation A bill (H. R. 1945) granting a pension 1;Q Jeremiah :M:. Fitger; to that subject. This, although in all other respects in the form of a A bill (H. R. 6266) granting a pensiollJo Philip Arner; petitipn to.Congrcss, js addressed to me personall.r. I ask that the A bill (H. R. 614'7) granting a pensioi!""to Frederick Marion; paper be received and tre..1.tecl as a petition and 1·eferred to the Commit- A bill !H. R. 4226) for the relief of Samuel Kitzmiller; . tee on Pensions. A bill H.. R. 5435) granting a:pension to David L. McDermott; · The PRESIDENT pro tempore. The petition wiil be received and A bill H. R. 3645) granting a pension to Sarah Brooks; so referred, if there be no objection. A bill (H. R. 3366) granting a pension to Henry Bollman; and Ur. DAWES. I also present the petition of Simon H. White, of A bill (H. R. 6812) granting n. pension to Margaret Lucas. Hinsdale, Mass., and other farmers in various towns in the county of Mr. BLAIR, from the Committee on Pensions, to whom was referred Berkshhe, Mass., praying for the passage of the bill introduced in the the bill (S. 1932) granting a pension to Mrs. 1tl. Augusta Barnes, re­ Senate by Hon. WARNER MILLER for the purpose of placing the man­ ported it with an amenclment, and submitted a report thereon. ufacture and sale of all imitations of butter under the control of the l\Ir.l\IITCHELL, ofOregon, from the Committee on Claims, to whom Commissioner of Internal Revenue. I move the reference of the peti­ was referred the ~ill (S. 565) for the relief of Joseph H. 1\faddox and tion to the Committee. on Agricultme and Forestry. others, reported it without amendment, and submitted a report thereon. The motion was .agreed to. :ge also, from the same committee, to whom was referred the petition Mr. l\IILLER presented a.petition of Lucinda SilYer, of New York, of Srunuel Noble, of .Anniston, Ala., praying compensation for certain praying for the passage of a bill extending the time for the :filing of cer­ cotton alleged to have been captured by the United States military au­ tain pension claims; which was referred to the Committee on Pensions. thorities at Savannah, Ga., during the late war, submitted n. report Mr. HARRIS presented the petition of Catherine WhiteJ of Grundy thereon, accompanied by a bill (S. 2475) for the relief of Samuel Noble; County, Tennessee, praying to be reimbursed for certain quaJ.i:ermas- which was read twice by its title. ter's stores taken for and used by the United States Army; which was THE PASSPORT CHARGE. referred to the Committee on Claims. Mr. GRAY presented a pee.tion of dtizens of Wilmington, Del., Ur. FRYE. I am instructed by the Committee on Foreign Rela- pruying for the redemption of the trf\de-dollar; which was· referred to . tions, to whom was referred the message of the President of the United the Committee on Finance. States, transmitting a letter of the Secretary of State, in response to a He also presented a petition of owners of vessels engaged in the resolution of the Senate of May 5, relative to charges for passports to United States merchant marine, and others, owners of cargoes carried Americ~n citizens, to report it back and ask that the committee be re­ thereon, praying for the passage of the bill tO permit the owners of cer- ·lieved from the further consideration thereof, and that the message be tain vessels and the owners or underwriters of cargoes laden thereon. referred ·to the Committee on Finance, as it relates to what is practi- to sue the United States; which was order~d to lie on the table. cally a tax. The PRESIDENT pro tempm·e. That order will be made if there · REPORTS OF CO:\~IIITEES . be no objection. ~(r. HOAR. I am directed by the. Committee on Claims to present :r.mrsAGE FRmi TIIE HOUSE. n supplemental report jn regard to the bill (S. 2265) for the relief of A message from the House of Representatives, by Mr. CLARK, ib) Sarah E. E. Perine, widow and admmistratrix: of William Perine. I Clerk, announced that; the House had directed him to 1·eturn to the

) • 4660 CONGRESSIONAL RECORD-SENATE. MAY 19,

Senate, in compliance with its request, the bill (S. 990) to enable the hour I shall have to object to its being taken np before 2 o'clock. State of California to take lands in lieu of the sixteenth and thirty­ do not wish by my silence to give any assent to taking up the bill be­ sixth sections found to be mineral lands; and also to return to the Sen­ fore 2 o'clock. ate its resolution agreeing to the amendment of the House of Repre­ DAVIDSON DICKSO~ Al\"'D OTHERS. sentatives to the bill (S. 1227) granting an increase of pension to Will­ The PRESIDENT ·pro tempcn·e. The first case on the Calendar will iam P. _Squires. be announced. ENROLLED BILLS SIGNED. The CHIEF CLERK. A bill (S. 290) for the relief of Davidson Dick­ The message also announced that the Speaker of the House had signed son and others. the following enrolled bills; and they were thereupon signed by the The PRESIDENT pro tempore. The Senate resumes the considera­ President pro tempore. tion of the bill as in Committee of the Whole. The bill was read.yes­ A bill (S. 823) granting a pension to Capt. Elihu Jones; terday and also the report from the 0ommittee on Claims., The pend­ A bill (S. 685) granting a pension to Mary Marsh; ing question is on the amendment reported from the committee, in line A bill (S. 983) granting a pension to Michael Daly; 13_, betore the name ''James A. Ralston,'' to insert the words '' estate A bill (S. 1098 granting a pension to H. R. Duke; of;" so as to read: · A bill (S. 1253) granting a pension to J. D. Jlaworth; To estate of James A. Ralston, 3771.2;>. A bill (S. 1387) for the completion of a public building at Wichita, The·amendment was agreed to. Kans.; Mr. FRYE. Was not the Staten Island bridge bill the regular order A bill (S. 1405) to provide for the study of the nature of alcoholic for this morning? · drinks and narcotics and of their effects upon the human syst~m in con­ The PRESIDENT pro tempo1·e. It was left on the Calendar undis- . nection with the several divisions of the subject of physiology and hy­ posed of. The pending bill was un · consideration at the expiration giene by the pupils in the public schools of the Territories and of the of the morning hour yesterday. there be no further amendment as District of Columbia, and in the Military and Naval Academies, and in Committee of the Whole t ill will be reported to the Senate. Indian and colored schools in-the Territories of the United States; The bill was reported tot Senate as amended, and the amendment A bill (S. 1420) granting a pension to William Powell; was concurred in. -A bill (8. 1431) granting a pension to Jane Carr; The bill was ordered o be engrossed for a third reading, read the A bill (S. 1484) to authorize the Kansas and Arkansas Valley Rail­ third time, and p ssed I . way to construct and opernte a railway through the Indian Territory, STATEN ISLAND BRIDGE. imd for other purposes; . .A bill (S. 1441) granting a pension toM. Romahn; · Mr. FRYE. I ove that the Senate proceed to the consideration of A bill (S. 1509) granting a pension to William H. Moore; Order of Business 259, betng on the Calendar two ahead of the bill . A bill {S. 1539) granting a pension to Eveline Hunt; which has just been passed. . A bill (S. 1830) granting a pension to Mrs. C. A. Bailey; and ~he PRESIDENT pro tempm·e. The Senator from Maine moves that A bill (S. 1850) granting a pension to Mrs. Annie C. Owen. the Senate proceed to the consideration of Order of Business 259, being the bill (S. 121) to authorize the construction of a bridge across the DILLS INTRODUCED. Staten Island Sound, known as Arthur Kill, and to establish the same I :hfr. BOWEN. I introduce a bill granting a pension to Alfred Cum­ as a post-road. . ings, and I wish to state that I accompany it with some papers, one af Mr. SEWELL. I shall object to the consideration of the bill in the which is signed by Mr. Cumings himself. I call the attention of the morning hour. chairman of the Committee on Pensions to the·fact that the difficulty Mr. lt,RYE. I move that the Senate proceed to its consideration, in the case in the Pension Office was that the identity of the claimant notwithstanding the objection. The Senator from New Jersey is ap­ could not be established. It is possible that his signature may be com­ pa,rently now present. pared with that on the pay-rolls of his company, which the committee The PRESIDENT pro tempore. Objection being made, the Senator will no doubt be able to get by calling on the Department for them, so from Maine moves that the Senate nroceed to the consideration of the that t • missing link in this man's evidence may be supplied. bill notwithstanding the objection.~ . The bill (S. 2476) granting a pension to Alfred Cumings was read The motion was agreed to; and the Senate, as in Committee of the twice by its title, and, with the accompanying papers, referred to the Whole, proceeded to consider the bill. · Committee on Pensions. The bill was reported from the Committee on Commerce with amend· Mr. TELLER introduced a bill (S. 2477) making an appropriation ments. for the establishment and erection of a military post near the city of · The first amendment was, in line 9, after the word ''Kill,'' to strike Denver, in the State of Colorado; which was read twice by its title, out the words "at or near Elizabeth, Union County," and to insert and referred to the Committee on Military Affairs. "from;" and in line 10, after the word" Jersey," to strike out the words .Mr. SAWYER introduced a bill (S. 2478) granting a pension to John " and the town of N orthfi.eld" and insert "to; " so as to read: Wines; which was read twi~ by its title, and referred to the Com­ That it shall be lawful for the Staten Island Rapid Transit Railroad Company, mittee on Pensions. a. corporation existing under the laws of the State of New York, and the Balti­ more and New York Railroad Company, a corporation existing under the laws He also introduced a bill (S. 2479) granting a pension to Mrs. Ada­ of the State of New Jersey, or either of said companies, to build and maintain a. line P. Loy; which was read twice by its title, and referred to the bridge across the Staten Island Sound, or .AJ:thur Kill, from New Jersey to Rich­ Committee on Pensions. mond County, New York, for the passage of railroad trains, engines, and cars thereon, and to lay on and over said bridge railway tracks for the more perfect Mr. McPHERSON introduced a bill (S. 2480) granting a pension to connection of any railroads that are or shall be constructed to t-he said sound Rt Augustine H. Flood; which was read twice by its title, and referred to or opposite said point. the Committee on Pensions. · The amendment was agreed to. Mr. COCKRELL introduced o. bill (S. 2481) granting a pension to Thenextamendmentwas, insection 2, line6, aftertheword "than," to Robert Hall; which was read twice by its title, and referred to the Com­ strike out "thirty" and insert "thirty-two;" and after .the word mittee on Pensions. "above," in the same line, to insert the word "mean;" so as to read: LABOR ARBITRATIO~. SEC. 2. That said bridge shall be constructed as a. pivot draw-bridge, with a. Mr. LOGAN submitted an amendment in the nature of a substitute draw oYer the main channel oft-he sound at an accessible and navigable point, and with spans of not less than 200 feet in length in the clear on each side of the intended to be proposed by him to the bill (H. R. 7479) to provide a central or pivot pier of the draw; and said spans shall not be less than 32 feet method for settling controversies and differences between railroad cor­ a bove mean low-water mark, measuring to the lowest member of the bridge porations engaged in interst.ate and Territorial transportation of prop­ superstructure. erty or.passengers and their employes. The amendment was agreed to. . THE GENEVA .AWARD. The next amendment was, in section 4, line 1, after the word ' ' plan,'' to insert the words" and location;" and in line 5, afteriheword "plan," The PRESIDENT pro tempore. If there be no ' ' concurrent or other to insert the words ''and location; '' so as to read: resolutions" the morning business is closed and the Calendar is in or- SEc. 4. Tha.ttheplan and location ofsaid brid.e,withadelniledmap of the sound der. · at the proposed site of the bridge and near thereto, exhibiting the depths and M:r. ·HOAR. Before the Calendar is proceeded with I should like to currents, shall be submitted to the Secreta ry of War for his approval, and until give notice that if it be agreeable to the Senator from Iowa [Mr. WILSoN] he approve the plan and location of said bridge it shall not be built, &c. I s~all ask the Senate to-morrow morning after the routine business The amendments were agreed to. is over to take up and dispose of the bill (H. R. 6661) to provide for Mr. McPHERSON. Are the amendments of the committee thropgh closing up the business ana paying the expenses of the Court of Com­ with? missioners of Alabama Claims ancl for other purposes. I desire that The PRESIDENT pro temp01·e. They are. the bill shall be disposed of at an early day, and I understand that it Mr. McPHERSON. I no:w desire to offer an amendment. will be agreeable to the Senator from Iowa to take it up at an early day. Mr. SEWELL. Will my colleague allow me to ask"for the reading Mr. WILSON, of Iowa. If H be the pleasure of the Senate to con­ of the report in this case? sider the bill to-morrow I shall have no OQjectiou. Mr. McPHERSON. CertainJy. Mr. CONGER. If :i,.t is proposed to take up the bill in the moming The PRESIDENT pro tempore.. The report will be read. (

• 1886. , CONGRESSIONAL RECORD-SENATE. 4661

The Chief Clerk proceeded to read the following report, submitted by are of greater width than that provided by the bill. Under the act of Congress approved the 3d day of March, 1883, the construction of a bridge of the New Mr. FRYE February 25, 1886: York, Boston a.nd Providence Railroad Company across the Thames River, at The Committee on Commerce, to whom was referred the bill (S.121) to au­ or near New London, Conn., was authorized; the location and plans thereof thorize the construction of a. bridge across the Staten Island Sound, known as were to be approved by a board of Army and Navy officers designated by the Arthur Kill, and to establish the same as a. post-road, beg leave to report as fol­ Secretaries of War and Navy. After full discussion this board has approved a. lows: plan of a bridge with a draw of substantially the same length as that provided This bill makes it lawful for the Rtaten Island Rapid Transit Railroad Com­ in the bill, and through this draw pass the sound steamers of the Norwich line, p a ny and the Baltimore and New York Railroad Company, corporations exist­ and large ocean craft, and the United States war vessels destined to the naval ing under the States of New York and New Jersey respectively, to construct a station, which is situated some:distance above the bridge. Across the Harlem railway bridge across the Staten Island Sound, known asArthurKill~t or near River in New York bridges have recently been constructed and approved by Elizabeth, N.J., and the town of Northfield, upon Staten Island, New x ork. the engineers of the Army with draws of considerably less width than the one proposed by this bill; and under these bridges and through these draws passes Mr. FRYE. Right there I wish to say that the latitude of the Sec­ an immense commerce, as well o.s the large car floats and tows of the New York Central and Hudson River Railroad to the High Bridge terminus of that retary of War has been increased as to the location of.the bridge by an line. amendment which has been ~opted. It is a fact well known that there is scarcely a navigable water way in New The Chief Clerk resumed and concluded the reading of the report, as Jersey which has not been bridged under the authority of the Legislature of that State. The large commerce of the city of Newark, with a population of follows: 150,000 inhabitant.<>, and of its neighboring towns passes through the draws of It provides that the bridge shall be constructed as a pivot draw-bridge, with a the numerous bridges across the Newark Bay and the Passaic River, and none draw over the main channel of the sound at an accessible and navigable point of these draws have a width greater than 80 feet1 and the extent and value of and with spans of not less than 200 feet in the clear on each side of the central the <>ommerce and the number of vessels passingtnrough the same is shown by or pivot pier of the draw,and that these spans shall not be le£s than 32 feet above the above-mentioned report of l\lajor Gillespie (page 742). All of these bridges low-water mark measuring to the lowest member of the bridge superstructure. across the Newark Bay and the Passaic River are so low that the draws are re- The bill further provides that the plan and location of the bridge shall be sub· quired to be opened even for the smallest craft. - mitl-e•l to the Secretary of War and receive his approval before it can be con­ The committee are therefore persuaded that the commerce of Arthur Kill sti'Ucted. can readily-pass through a 200-foot draw. It was shown to the committ-ee that The committee gave ample opportunity to all parties interested to present there was a limited commerce of small oyster-boats and craft of that kind, but their arguments in favor of or against the bill, and, after carefully considering of course the~e would have no difficulty in passing through this draw-bridge.~ the same, now state their conclusions as follows: Very few sea-going vessels pass through the Arthur Kill and only when in tow. (1) SWen Island Sound, or Arthur Kill, is a tidal water way separating New and it was not seriously claimed that vessels of this character would be affected Jensey from Staten Island, New York. The bill does not locate the site of the by the construction of this bridge. bridge, but leaves the same to be determined by the Secretary of War. It was The committee refer to the fact that a bill similar to this received the unAni­ conceded, however, in the arguments before the committee that the point at mous approval of the Senate Committee on Commerce at the last session, and w.Q.ich the railroad companies desired to construct the bridge, if the site chosen they also refer to and make a part of this report the report of the Secretary of by them should be approved by the Secretary of \Var, was near_the southern War and the communications of t-he War Department in regard to the previ9ns border of the town of Elizabetl., where the sound does not exceed 600 feet in bill, which contained provisions substantially the same as the one now in width. Some of the opponents of the bill did not object to the cpnstruction of question. They call special attention to the following l~guage of · .Major the bridge across the sound, but to the location as chosen by the railroad com­ Gillespie, of the engineers: panies. The committee, however, are of opinion that the question of the loca­ "The proposedclwuwidth of200 feet on either side of the pivot will be ample tion of the bridge should be left, as it is left by the bill, to the determination-of to- prevent interference with the security and convenience of navigation of the Secretary of War, who will doubtless be governed in his action by there­ Artihur Kill. It is a comprehensi\·e enterprise, which, if successfully carried. port of engineer officers thoroughly familiar with the Round, and who are emi­ out, will add greatly to the commercial character of the island and the adja­ neutly qualified to determine what is properly a question of engineering. cent shores. and tbe bridges may be safely authorized to be buil~ under the re­ In almost all the acts of Congress authorizing the construction of bridges over strictions of the bill without any detriment to commerce, present or pro­ navigable streams we find that the Secretary of Vfar has been invested with the spective." power to locate the bridge and approve the plans thereof, and no sufficient rea­ In the report of Major Gillespie the Chief of Engineers concurred, and the son has been presented to the committee warranting a departure from this uni­ same was approved by the Secretary of-War. ... - form usage. (3) The two corporations which . by the bill are authorized to construct this (2) Staten Island Sound is an important water way connecting Newark Bay bndge are now controlled by the Baltimore and Ohio Railroad Company, which and Kill von Kull with Raritan Bay, and along this sound there is carried an seeks for it.<> traffic an independent outlet upon New York Harbor. This com­ extensive commerce. The shores on either side in the main are low, flat salt pany is one of the large trunk lines, so called, controlling some 3,000 miles of meadows. railway, extending to Cincinnati, Louisville, and Saint Louis on the southwest, 'l'he chief commerce of the sound that is to be affected by the construction of and Pittsburgh, Cleveland, Sandusky, and Chicago in the north and northwest. tl1is bridge is that coming from Bouth Amboy, Perth Amboy, and the Raritan This oompa.ny desires to use the northern and eastern shore of Staten Island River. At RouthAmboythePennsylvaniaRailroadCompanyhavecon~tructed for its terminus; upon these shores there is ample depth of water for the ac· their extensive coal wharves, and at Perth Amboy are found the large piers of commodation of the largest sea-going vessels. The_se ves.<~els can come direct to the Lehigh Valley Railroad Compa.ny. The tonnage from South Amboy, as the piers constructed upon these Staten Island shores and unload their cargoes shown by the report of Major Gillespie, for the year ending June 30, 1~, was direct into warehouses, whence the same can be loaded directly into cars for 2,308,961 tons, being chiefly coal (see page 754); from Perth Amboy, f1·om the same shipmment to their places of distribution. Terminal charges for lighterage from r e port (page 754), the tonnage was 2.293,620 tons; this also was chiefly coal. the vessel to the warehouse and again from the warehouse to the railroad will From the Raritan River came, first, the tonnage passing through the Delaware thus be sn.ved. The average cost of lighterage in New York Harbor was stated and Raritan Canal, connecting the Delaware and Raritan Rivers, amounting, as to your committee at 60 cents a ton. The railroad company also propose to shown by that report (page 756), to 1,272,&!6 tons; and also the tonnage coming c:trrytheir passenger traffic in fast steamers directlyfrom the northern point of from manufacturing and other establishments upon the river and tributaries, the island to their depot near fhe Battery in New York city, and which is im­ and which was canied in small sail-boats or small steamers, and shown in the mediately connected with the station of the four elevated railroad lines in New same report as 409,939 tons. York. What proi_>ortion of this entire tonnage pas...o;es 1hrough the Raritan Bay and The construction of the bridge will therefore serve a very important public takes what lS known as the outer chanuel through the Narrows to New York, purpose. and accommodate a very large amount of interstate and foreign tr>tffic, and what proportion of the same passes through the outer channel and past and will give to the Baltimore and Ohio Railroad an independent terminus at Sandy Hook and up the coast, the committee t.ave no accurate means of de­ New York, and will bring into use for commercial purposes the deep-watered tei·mining; it was, however, conclusively shown to the committee, and indeed shore of Staten Island, which forms the southern portion of the New York Har­ admitted by all parties, that the commerce from South Amboy, Perth Amboy, bor. and the Delaware and Raritan Canal, and which passed up the sound to New · {4) The committee are of opinion that the commerce which passes across sueh York Harbor and to ports situated on or near Long Island Sound, was carried a stream as Staten ls1and Sound is to be accommodated as well as that which almostex:clnsively in canal-boats and barges. These boats and barges are placed passes along it, and, in the language of the Supreme Court in the case of Es­ in large tows, sometimes containing, as stated to the committee, 8,000 tons of canaba Company vs. Chicago (107 U.S. Re{X>rts, page 6l)()), "The object of wise coal, and drawn by tugs. The canal-boats or barges coming from the Delaware legislation is to give facilities to both with the least obstruction to either." This and Raritan Canal are brought down the Raritan River. in large tows and pass we think is accomplished by the provisions of tlae bill. Commerce of the rail­ thrmtgh the draw-britlge of the Central Railroad of New Jersey at the mouth of road can pass across the sound, commerce of the sound can pass through the the Raritan River. The draw of this bridge gives a clear water way of 20U feet. draws which are ample for C\•ery purpose, and the large proportion of the sound • The opponents of the bill claim that the cons\ruction of the bridge would offer traffic can pass under the bridge without even the necessity of opening the serious obstruction to this canal-boat and barge traffic by contracting the width draw and without being obstructed in any substantial degree. of the channel to two clear water ways of 20LI feet each; the comruittee, bow­ '.rhe committee therefore report Senate bill No. 121 with amendments, and ever, are of the oph'\ion that the difficulties anticipated by the opponents of the recommend its passage as amended. bill will not arise in actual practice. It must be remembered that these canal­ Since this report was prepared the attention of your committee has been called boats and bar)!'es will readily pas3 under the bridge constructed 30 feet above to resolutions passed by the Legislature of New Jersey touching the authority law-water mark without the draw thereof being open, and it wa.'J shown to this of Congress in these premises, and in fact denying that authority. They there­ committee that a large proportion of the tugs were provided with smoke-stacks fore submit their views as to this question. '1'hey also annex communications of such a height that they could readily pa8s under the bridge without the open­ from the Secretary of War. ing of the draw. Moreove1·, it is a well-known fact that the smoke-stacks of The committee does not deem it necessary to enter into an extended discus­ these tugs can be so constructed that they can be lowered while pas~ing under sion of the power of Congress to pass acts authorizing the construction of bridges a bridge, and that this form of construction is quite common, if not almost uni­ over interst~te water ways. '!'his power has been exercised too frequently to versal, upon the \Vestern rivers, where the boats are frequently required to lower be now the subject of serious d

.Again the court said: i.ng deep-water channel and at the same time will be least obsti-uctive to the "Every structure erected iu the bed of a river, whether in the channel or not, tidal currents. would be an obstruction. It might be a. light-house erected on a submerged The construction of the proposed bridge under the provisions of the bill will sand-bank, or a jetty pushed out into the stream to narrow the water way, or a not injuriously affect any mterests over which the Government has control. pier of a bridge standing where vessels now pass.'' Very respectfully, your obedient servant, It is true that the States retain the powe+ to authorize the construction of · G. L. GILLESPIE, bridges across navigable streams, as long as the subject is not regulated by Con­ Major of Engineers, Bvt. .Lieut. Cot., United States Army. gress, but the moment that Congress, in pursuance of the power delegated to it Brig. Gen. JoHN NEWTOY, by the Constitution, exercises its right to authorize the construction of bridges, Chief of Enginee1·s, United States .Army, Washington, D. C. State enactments contrary thereto become null and void. This is a doctrine settled by numerous decisions of the Supreme Co~t of the United States, and The Jetter from the Senate Committee on Commerce is herewith returned. upon which Congress has uniformly acted. In the case of Gillman-vs. Phila­ Very respectfully, your obedient servant, delphia (3 Wallace, 713) the court, referring to the construction of bridges, uses JOHN NEWTON, the following language: Chief of Engineers, Brig. and Bvt. Maj. General. "The States have always exercised this power, and, from the nature and ob­ Hon, W. C. Eh-niCOTr, jects of the two systems of government, they must always continue to exercise Sec1·etary of Wa1·. it, subject, however, in all cases to the paramount authority of Congress when­ ever the power of the State shall be exerted within the sphere of the commer­ W AB. DEPARTMENT, Washington City, March 7, 1884. cial power which belongs to the nation." Sm: In returning herewith the copy of billS. 1447, "A bill to authorize the Again: oonstruction of certain bridges across the Staten Island Sound, known as Ar­ "Lastly, Congress may interpose, whenever it shall be deemed necessary; by thur Kill or Kill von Kull, and to establish the same as post-roads," which was general or special laws it may regulate all bridges o>er navigable waters, re­ referred from the Senate Committee on Commerce for the views of this Depart­ move offending bridges,and punish those who shall thereafter erect them. ment thereon, I have the honor to inclose herewith a. report of the Chief of En­ Within the sphere of their authority both the legislative and judicial power of gineers, dated the 4th instant, embodying a copy of a report upon the subject of the United States are supreme. A different doctrine finds no warrant in the sai~ bill by Maj. G. L. Gillespie, Corps of Engineers, New York, dated the 28th Constitution and is abnormal and revolutionary." ultimo. In a case concerning a license to construct a boom in the Mississippi, the court The views presented by 1\lajor Gillespie, in which the Chief of Engineers ex­ miid, in 1878: "l!l1oreovei·, the United States, having paramount control over the presses his concurrence, are also concurred in by this Department. . river, may grant such license if the State should refuse one." {98 U.S., page 4.00, Very respectfully, your obedient servant, Patterson fJB. Boom Com.pany.) In 1882 the same court said, in the ca.se relating ROBERT T. LL.~COLN, to the bridge over the Ohio River, authorized by both State and the United States, SecretanJ of lVm·. that the act of Congress was "the paramount license for the erection and mainte­ Hon. S. J. R. 1\Icl\ln..LAX, mmce of the bridge." {lffi U. S.,page 479, Bridge Companyvs. United States.) Chairman Committee on Commerce, United Stales Senate. The authority to construct the bridge across the :Mississippi River from Council Blufts to Omaha is derived from the actofCongressofFebruary2i,1871, without 0FFWE OF CHIEF OF ENGINEERS, UNITED STATES AlUIY, any legislation of the State of Iowa authorizing its construction, and the con- · Wcuhin.gton, D. C., Ma1·ch 4,1884. struction.of the bridge under this act has been declared legal by the Supreme ·Silt: I have the honor to return herewith (S. 1447) "A bill to authorize tho Court of the United States. construction of certain bridges across the Staten Island Sound known as Ar­ The act of Congr~ss of July 14, 1862 (11 Stat. L., 570), authorized a. railroad com­ thur Kill, and to establish the same as post-roads," referred to the War Depart­ pany to construct the bridge over the Ohio River near Steubenville, and makes ment for its views and suggestions from the Committee on Commerce of the void all provisions of the acts of Ohio or Viiginia. in con~t therewith. This Senate of the United States, and thence to this office, and to invite attention to is a notable instance of where Congress a.uthorized a railroad company to con­ t~e following copy of the report thereon of Maj. G. L. Gillespie, Corps of En- struct its bridge ove1· the Ohio River, although the express legislation of Virginia. gmeers. . provided that it should not construct that bridge until certain other bridges It will be observed that Major Gillespie sees no objection to the construction should be constructed elsewhere. The act of Congress strikes down this restric­ of draw-bridges as provided for, but makes objection to spanning the highway tion of the State Legislature, and gives express authority to the railroad com­ in question by a. bridge with unbroken spans having the elevation specified in pany to construct its bridge in spite of the same. the bill. The committee do not deem it-necessary to cite more instances of Congres­ [Second indorsement.] sional action in authorizing bridges, nor to refer at greater length to the numer­ STATES ENGINEER OFFICE, Keto Yol·k, Febi'Ual·y 28, 188-1. ous decisions of the Supreme Court and circuit courts of the United States, in u.NITim which this power is recognized as unquestioned. Respectfully returned to the Chief of Engineers, United Stat~s Army. That there may be no mistake as to the wat~r way mentioned as "Staten Island WAR DEP..lln'MENT, Washingto-n City, Januar-y 27,188G. Sound," I take occasion to say in the beginning that the navigable channel Sm: I have the honor to acknowledge the receipt of a letter, dated the 8th known by that name is limited exclusively to the narrow and tortuous water instant, from the Committee on Commerce, by its clerk,inclosingSenatebillNo. course usually called Arthur Kill, which separates Staten Island on the we. t 121, Forty-ninth Congress, first session, "to authorize the construction of a side from the New Jersey shore, and extends from Elizabethport to Perth Am­ bridge across Staten Island Sound, known as Arthur Kill, and to establish the boy,N.J. same as a post-road," and requesting that the committee be furnished wit.h such The name Kill von Kull is reserved solely for the connecting passage between suggestions as may be deemed proper touching J;he merits of the bill and the Upper New York Bay and Newark Bay, separating Bergen Neck on the north propriety of its passage. from Staten Island on the south. · · In reply I beg to invite your attention to the inclosed letter, dated the 21st The bridges mentioned in Senate bill1447, Forty-eighth Congress, first session, instant, ftom the Chief of Engineers, who embodies a report in this matter by are proposed to be erected over Arthur Kill, one at or below Elizabeth port, N. 1\lajor Gillespie, Corps of Engineers, concurring in his views, and recommend­ J., and the other at or a.bove Perth Amboy, N.J. ing that the height in the clear between the bridge and the water be measured Arthur Kill is the grand highway for all the local commerce of the several from the level of mean low water, and be made 32 feet, if practicable. ports and streams on the west side of Staten Island, as well as for the interstate The recommendations of Major Gillespie and of the Chief of Engineers are commerce passing south and west through the Dela.waere and :Raritan Canal, concurred in. . which connects the Raritan River at New Brunswick, N.J., with the Delaware Very respectfully, your obedient servant, River at Trenton, N. J. This canal is one of the principal links of the chain of Wl\I. C. ENDIOOTT, internal navigation of the Atlantic seaboard. It has a. minimum depth of 8 feet Set:~·etary of War. throughout, and its annual tonnage is 2,000,000 tons, approximately; less of late Hon_ SA.l\IXEL J. R. 1\IcMn..LAJ~i, years than formerly, owing to railroad competition, though its importance as a Chairman Commiltu on Comme1·ce, U. B. Senate. water way is not impaired. . The draws which are described in the bill are sufficiently wide to meet all the requirements of commerce al~ng the 1·oute over which the bridges are to be OFFICE OF TilE CHIEF OF ENGINEERS, U.S. ARMY, built. Washington, D. 0., January 21,1886. I do not approve the spanning of any impormnt navigable highway adjacent Sm: I have the honor to a-cknowledge the reference to this office for report of to the sea, which is now or may hereafter be utilized by sea-going vessels, by a letter from the Senate Committee on Commerce, by its clerk, Mr. J. B. McMillan, bridge with continuQus spa-ns, even if the bottom chords should be placed so dated the 8th instant, inclosing Senate bil1121; Forty-ninth Congress, first ses· high as 100 feet above high-water mark, except in the rare case of two large and sion, ''to authorize the construction of a bridge across the Staten Islarid Sound, populous cities, where the intercommunication between them over a bridge known as Arthur Kill, and establish the same as a post-road," and to state would be greatly interfered with by frequ~nt and prolonged openings of the that it was referred to 1\laj. G. L. Gillespie, Corps of Engineers, who ha.s returned dJ:aw. it with o. report, of which the following copy is respectfully submit-ted. No such condition exists on Arthur Kill, and while he existing depth of watee l\lajor Gillespie's views are concurred in by this office, and in addition it is is not sufficient for sea-going ves.~els of the first class, yet the stream is capa.bl recollllllended that the height in the clear between. the bridge structure and the of improvement, and will be improved whenever commerce demands it. For water be measured from the level of mean low water, and be made 32 feet, if this reason the bridges should be provided with draw~. The propo ed clear width of200 feet on either side of the pivot will be ample to prevent interference practicable. . with the security and convenience of navigation of Arthur Kill. UNITED STATES ENGINEER OFFICE, Keto Y01·l~, Jan.·uary 16, 1886. On the approach to Newark, N.J., from Kill von Kull, the Central Railroad of GE~""ERAL: I have the honor to submit the following report in compliance with New Jersey, which crosses Newark Bay, has a draw with a clear opening of 80 first indorsement, Office Chief of Engineers, United States Army, January 14, feet on either side of pivot; the New York and Newark R-ailroad, at the mouth 1836, on lett~r from Committee on Commerce, United States Senate, January 8, ofthe Pa.ssa.jcRiver,hasoneof 65feet,and the Pennsylvania Railroad, in the 1886 referring to Senate bill121, Forty-ninth Congress, first session, "To author­ city ofNewark,has one of75 feet. ize the construction of a. bridge across the Staten Island Sound, known as Ar­ The Central Railroad of New Jersey, whose tracks cross Raritan River noar thur Kill, and to establish the same as a. post-road." its mouth, on the approach to the canal, after a lengthy controversy with the This is essentially the same as Senate bill 1447, Forty-eighth Congress, first Delaware and Raritan Canal Company,adopted and builtadraw-openingof 200 session, upon which reports were submitted from this office under dates of Feb­ feet, the same as proposed in this bill. ruary 28 and .April15, 1884, to which references are respectfully made. The main objects to be gained by the construction of these bridges&·e to give AI·thur Kill is about 12 miles long, and is a retired and sheltered water con­ rapid transit around t-he island to points on the New Jersey shore, to increase nection, through Kill von KuD, between the U.J?per Bay of New York and the the facilities for reaching New York, and to provide means for reaching coal month of the Raritan Ri>er. At the proposed s1te of the bridge the width from wharves to be built, it is said, by the coal-carrying roads on deep water on the bank to bank, between high-water lines, is 625 feet, approximately, anti between east side of the island. the 12-foot curves 500 feet; approximately, the depth in the center of the chan­ It is a comprehensive enterpris~ which, if successfully carried out, will add nel being 18 to 19 feet M. L. W. In the northern half of t-he kill the navigable greatly to the commercial charactel' of the island and the adjacent shores, and depth is 13 feet, low stage, and in the south half 15 to 18 feet, low stage; these the bridges may be safely authorized to be built under the restriction of the bill are the minimum depths arising from sma.ll shoals, the maximum depth near without'any detriment to commerce> present or prospecth·e. ·Perth Amboy being in excess oJ 35 feet. By a. slight improvement the· naviga- The pape1-s are herewith returned. ble depth may readily be increased throughout to 20 feet, low stage. . G. L. GILLESPIE, Senate bill 121, Forty-ninth Congress, first session, provides for the construc­ Major of EnJinurs, B'tt. .Lieut. Ool., U. B. A. tion of a pivot draw• bridge, which shall have a width of span of not less than 200 I concur in the.....;e "''iews. feet in the clear on either side of the pivot pier, and a height of not less than 30 Very respectfully, your obedient seiTant, feet from lower chord to low-water level. These provisions, in my opinion, meet H. G. WRIGHT, all the demands of the present or future commerce of the kill, and the restric­ Chief of En[lineers, Brig. and Bvt. Jiaj. Gen. tions contained in section 4 of the bill are ample to secure a. location and con­ Hon. ROBEUT T. LINCOLX, struction for the-pivot pier such as will cause least interference with the exist- Secretary of Jf'ar. 1886. CONGRESSIONAL RECORD-SENATE. 4663

OFFICE OF TilE CHIEF OF Esa~'"Er..s, UNITED STATES ARMY, privileges in the passage over the same, and in the use of the machinery and fixt­ lVashinoton, D. 0., .April17, 1884. ures thereof and of all the approaclles thereto, for a reasonable compensation to Sm: I have the honor to acknowledge the reference to this office on the lith be paid to the owners of said tunnel under and upon such terms and conditions inst. of the letter of lion. ,V. P. FRYE, of the Committee on Commerce of the as shall be prel3cribed by the Secretary of War upon hearing the allegations and United States Senate, inclosing S. 14-17 "to authorize the construction of certain proofs of the ptU'ties in case they shall not agree. bridges across the Staten Island Sound, known as Arthur Kill or Kill von Kull, SEc. 2. That any tunnel constructed under this act and according to its limita­ and to establish the same as post-roads," and certain papers relating thereto, tions shall be a. lawful structure, and shall be recognized and known as a post­ and to state that it was referred to Maj. G. L. Gillespie, Corps of Engineers, who route, upon which also no higher charge shall bemade for the transmission over has returned it with the report of which the following is a copy. the same of the mails, the h·oops, and the munitions of war of the United States Major Gillespie's views appear to be just and proper, and are concurred in. than the rate per mile paid for their transportation over the railroads or public highways leading to said tunnel; and the United States shall have the right of USITED STATES ENGINEER'S OFFICE, way for postal-telegraph purposes through said tunnel. New York, April 15, 1884. SEc. 3. That the plan and location of said tunnel, with a detailed map of the Re peotfully returned to the Chief of Engineers, United States Army. . sound at the proposed site of the tunnel and near thereto, exhibiting the depths The intent of the act, as I understand it, is to authorize at this time the con­ and currents, shall be submitted to the Secretary of ·war for his approval, and struction of a railroad bridge over the navigable waters of Arthur Kill, the Sec­ until he approve the plan and location of said tunnel it shall not be built; but retary of War having the reserved right, in the interest of commerce, to dictate upon the approval of said plan by the Secretary of War the said companies, or the character and arrangement of the bridge in all its parts. either of them, may proceed to the erection of said tunnel in conformity with The petition submitted with 1\Ir. Bonnett's paper has been carefully consid­ said approved plan; and should any change be made in the plan of said tunnel ered. The east bank of Arthur .Kill, on the northern side of SLaten Island, ex­ during the progress of the work thereon, such change shall be subject likewise tend in~ south to Fresh Kills, is a wide marsh land, with but little variation in to-the approval of the Secretary ofWar. its elevation for a distance back from the shore line of over 2 miles. Ifthe lower SEC. 4. That the right to alter, amend, or repeal this act is hereby expres lyre­ chord ofthe bridge proposed to be built near Elizabethport be placed at 135 feet sei·ved. above high water the approaches to the bridge would be over long and high trestle-work, which would have so steep a grade as to make the railroad prob­ :Mr. McPHERSON. :Mr.· President, in obedience t.o the instructions ably unfitted for giving 1-apid transit to the towns on the island and on the west bank, or for convenient connection with existing raih·oads. of n;tY State, whose behests I respect, and in behalf of the interests of Tile 135-feet contour of the island along the proposed railroad line on the north free and unobstructed commerce upon the water ways of the country, shore does not extend westward of Factoryville. At t.he southwestern point of which are the people's ways and their only relief against unjust rail.:. the island the ground is higher than on the north shore; on the ridge above • Tottcnville the 100-feet contour appears on a single rise, but this is an exception; road exactions, I shall vote ~aainst the passage of this bill unless prop­ all the rest of the ground in the vicinity is much lower. erly amended. The low character of the land adjacent to Arthur Kill therefore compels, with The bill now before the Senate is misleading in its title. It should mpid transit in view, the construction of low bridges; and that they may not obstruct navigation, draws must be provided, the exact width and arrangement be entitled a. bill to destroy water ways in the interest of railways. of which can be definitely stated only after a careful survey of the water course With all due respect to the ~onorable committee who reported this bill", has been made, including the determination of the strength and directions of the and I do respect ea<:h and every member of said committee, I ven tnre current. . A clear width of not less than 200feet in the channel way, through the bridges provided for in the act, is, "'lvith my present knowledge, deemed sufficient as my opinion that with all the facts before it there is not another legis­ for the 1·equirement of the commerce of Arthur Kill, and the projected bridges lative committee of any progressive nation on earth that would for_a may, it is Ulought, be built witllout interfering injuriously with the fiow of the moment entertain such a proposal as this bill contains. I take it, there­ tide, or without increasing the dangers to navigation due to ice which forms in the kill or which is driven there by winds and currents. fore, the committee have not been given the facts as they exist, and trust The relation of the bridges to the tides, ice fioes, and other matters im-olving that when the facts are stated even the committee· itself will agree to the rights of commerce will engage the attention of the examining officers des­ ignated oy the Secretary of War, after the bridge company shall have presented the amendments I have offered. drawin.,.""S and speci1ic11-tions of the plans propo ed. The bill itself proposes to give ostensibly to the Baltimore and Ohio The examination will include not only the bridges proper and the necessary Railroad the right to bridge Staten Island Sound, an arm of the sea, width of draws, but their sites and the sites and arrangements of the piers with a 1·eference to the navigation of Arthur Kill in all its bearings. and is the.sen. itself, to an island in front of it, by structure which The papers are herewith returned. . when bUilt will of necessity obstruct commerce. The bridge is not for G. L. GILLESPIE, the use of the Baltimore and Ohio Railroad solely, but for the use of Major of Enainen·s, Bvt. Li~nrt. Col., U.S. A. any and all railroads who desire to use it, and all railroads can and will Thc:lletter of the Hon. 1\lr. FRYE is herewith returned. Very respectfully, your obedient servant, use it who think they will be benefited by its use. So, therefore, my JOliN :1\"'"EWTON, opposition is not alone to one railroad but to all railroads, except the Chit>f of En[Jincers, Bl'i(J. and Bvt. Maj. Gen. crossing be by tunnel or a suitable bridge structure that will not impair !Ion. ROBERT T. LINCOLX, Secretary of War. the navigation of the stream. New Jersey hails with delight the ad"ent of any·and all new rail­ 'VA.& DEPARTll.lE..,T, ·washington City, Ap1-iL 19, 1884. way lines, from whatever source they spring or whatever name they Sm: Referring to your letter of the lOth instant, inclosing billS. 1447, Forty­ bear, seeking access to the State and the terminal facilities she enjoys. eighth Congress, first session, a bill'·' to authorize the construction of certain bridges across the Staten Island Sound, known as Arthur Kill or Kill von Kull, In that State the franchise is free and the liberty to build railroads and to establish the same as post-roads," together with a petition from Mr. P. absolute and unrestricted, Although not first in the advance, at last, Bonnett and other shore-owners, and also returning for consideration in con­ however, the iron horse, that great apostle of liberty and enterprise, is llection with the petition referred to a report, dated the 4th ultimo, from the Chief of Engineers, embodying a. report on this bill from Maj. G. L. Gillespie, given more freedom in New Jerseythan anywhere else. No Jaws more Corps of Engineers, I have the honor to invite your attention to the inclosed liberal for the construction of railroads can be found upon the sta.tute­ 1·eport of April17, 1884, from the Chief of Engineers, embodying a. supplemelftal books of any State in the Union. l'eport, dated the 15th instant, from 1\Ia,j. G. L. Gillespie, Corps of Engineers, whose views as expressed therein are concurred in by the Chief of Engineers. While N:ew Jersey has been more than liberal to the railroad lines The inclosures to your letter are herewith returned. that have sought to cross her territory, she has at all times defended Very respectfully, your obedient servant, her water courses from aggressions of every kind with a force and vigor ROBERT T. LINCOLN, Secl'etflry of lVar. Ron. WILLIAM P. FRYE, · that would be creditable and profitable for the Federal Government to Chairman of subcommittee of Oomn~itt.ee on. Oom.mel'ce, imitate. United States Sellate. New Jersey has nearly 30 miles of waterfront contiguous to New York :Mr. McPHERSON. I desire. to offer an amendment to the pending Harbor (incltidingthe 12 miles of Arthur Kill), all of which is available bill which I think will commend itself to every member of the Senate. for terminal facilities for all the great railroad lines which stretch far I have not formulated niy amendment exactly in the shape I desire to and wide over the continent, developing its industries and which seek present it, but I will state, first, that I propose to strike out the word their outlet at the sea. '' bridge ' 1 wherever it occurs in the bill and to insert the word '' tun­ The New Jersey shore is the point atwhichim.portsandexportsmeet nel." I propose also to strike out all of the second section which pro­ for exchange. The great steamship lines to and from all parts of the vides the machinery by which the draw shall be closed and opened. world here meet the vast system of railroads and inland water routes, The PRESIDENT pro tempore. Does the Senator propose-- and cargoes are exchanged with the least possible expense for handling. Mr. McPHERSON. I care nothing about the amendment offered It was to preserve intact and free from obstruction this Arthur Kill and by the committee. the Kill von Kull and other great streams that she required that all The PRESIDENT pro tempore. The Chair understands the Senator railroads should gain the consent of her Legislature before the stream proposes to strike out the word "bridge" wherever it occurs. could be bridged. It was not so much to prevent the crossings as to 1\Ir. l\f9PHERSON. I propose to amend the bill according to the control the m~nner of the crossings. . copy I have sent to the desk, including the amendments made by the If Arthur Kill and the Kill von Kull were the property of any Eu­ committee. · . ropean nation it would ere, this have expended untold millions upon The CHIEF CLERK. It is proposed to strike out all after the enact­ it, converting it into a ship-canal for vessels of the largest size. Nature ing clau e of the bill, and in lieu thereof to insert: has done its full share, leaving it to the hand of man to fashion and Thnt it s~1all b~ l~wful for the Staten Island Rapid Transit Railroad Company, improve it to meet the demands of increasing commerce and national a corporation ensting under the laws of the State of New York, and the Balti­ development. • · mm·e and New York Railroad Company, a corporation existing under the laws of the State of New Jersey, or either of said companies, to build and maintain a The bill authorizes the construction of a bridge over this sound to tunnel under the Staten Island Sound, or Arthur Kill~ from New Jersey to Rich­ Staten Island shore at a point where the sound is only 600 feet wide, mond County, New: Yor~, for the p_assage of railroaa. trains, engines, and cars providing for a center pier in the middle of the stream to accommodate thereon, and to lay m sa1d tunnel rail way tracks for the more perfect connection of any railroads that are or shall be constructed to the said sound at or opposite. a railroad which desires to cross the stream,. follow up the opposite sn.id point; and in case of any litigation concerning any alleged obstruction to shore, and locate its depot 2 miles above on the same stream, not­ the ft"ee navigation of said sound on account of said tunnel, the cause ntay be tried before the circuit court of the United States of ei'therof saidSta.tesin which withsta.ndin~ the resulting infinite d.Ujtress of the water route and two a~y por~i<;>n of said obstru!!tion or tunnel touches; and ~hat all railway compa­ great railroads whose depots are located on the Jersey shore, and all of mes des1nng to use the satd tunnel shall have and be enhtled to equal rights and which are the competitors of the railroad which ~eeks this legisL'ltion. 4664 CONGRESSIONAL RECORD-=-· SENATE. MAY 19,

It is said that Staten Island should have rapid transit, that the Balti­ starting from Pamlico Sound on the son th, this great internal water way more and Ohio Railroad should have the right to establish its terminal is a direct competitor for almost every mile ef said distance with the on Staten Island if its own and the public interest requires it. In both Baltimore ana Ohio system, which seeks by the proposed legislation to cn.'3es true, very true, and neither the State of New Jersey nor myself cripple the water route. will place any obstacle in the way, provided the crossing be made in Again, the Pennsylvania system has its terminal at South Amboy; such manner as not to defeat and destroy a much greater public interest. the Lehigh Valley at Perth Amboy, and _the New Jersey Central at It is claimed by some of the ablest lawyers and jurists in the country Elizabet,hport, each of which is upon the banks of the sound on the that Congress has no constitutional right under the circumstances as Jersey shore, all of which are competing lines with the Baltimore and here presented to authorize the construction of this bridge. Ohio, and any obstruction to their commerce will tend to lessen active Withoutaffirmingordenyingtheexistence ofsuch power in Congress­ competition. In addition to the obstructionsstated to the business of as the Supreme Court has never recorded its decision in a similar case-I rival lines, very extensive manufacturing establishments have been am ready, however, to admit that the tendency of its decisions of late built upon the Jersey shore, with a prospective commerce greater than has been in the direction of enlarging the scope of Congressional power, that of any single railway in the United States. I send to the Clerk's and to this extent restricting the authority of the States even in matters desk, which I wish to have read, a letter from the Standard Chemical over which the States claimed exclusive control. Even the Senate it­ Company, whose works are located on the sound, and which contains self, whose membersare the representativesofStates, seems to have for­ much valuable information. gotten the teachings of the tathers, and has already taken gigantic The Secretary read as follows: strides toward a centraliz.ed government, denying to the States e>en the OFFICE OF STA}.>lAI!D CHEMICAL COMPANY, control of its municipal affairs. New York, April 9, 188G. I need not therefore waste the time of the Senate in discussing the DEAR Sm: We have in Union County. New Jersey, nu extensive investment in laud and manufacturing plant on .Arthur Kill, which stream forms a part of constitutional power to do this thing, but will leave the discussion vrith the channel between Staten Island and New Jersey. This safe and shelt-ered others so disposed and better equipped than myself to deal with the . inland water way has, within the past ten yeai'S, made a wonderfully progressive constitutional phases 'Of the case. · However, let me remind the Senate advance in commercial importance. The twodro.wbackswhichin the past have hindered its development were shoalnes.'>of waterforaeertain distance in New­ that the propriety or necessity of a bridge only 30feet high and having ark Bay and narrowness for a mile or so in frontof llhe city of Elizabeth, where a center pier is not a question for the discretion of the court but for in su'mmer there is scarcely room for the crowd of traffic, and where in winter the di cretion of Congress. The means or instrumentalities-by which there is a strong tendency for ice to collect and jam. The United States Government has since 1873 done much to remedy the first the power granted should be executed is a Congressional power and difficulty in the way of the profitable use of this channel hy excavating through should be exercised with extreme caution. the sboa.ls of Newark Bay a pa.-.sage 13 feet deep at low water and\>400 feet in I am well acquainted with the location and business upon this water width, such channel being a necessity for existing traffic. (S~ereport Secretary of \'lar,1884, volume 2, part 1, pnge 742.) . way. The 16,000,000 tons which annually pass the sound and Arthur In 187') this dredging wot·k was so far advanced that this company &Jeemed it Kut consist of coal, lumber, iron-ore, clay, brick, and all kinds of heavy safe to erect large works ju. t south of Elizabeth. Daily communication with material used by manufacturing establishments located on the banks N cw York is a matter of prime necessity with us, and we note that our business has not been interfered with by ice, except for a few days at a time during the of the sound, together with the vast traffic of the rivers and streams which severe cold s;>ells of the winters of 1885 and 1886. The passage of large passen­ enter into it, all of which have been made navigable by the Govern­ ger steamet'S and heavy tuga with tows breaks up all ordinary ice, and the rapid ment, to wit, the vast traffic of the Passaic and Hackensack Rivers, upon tidal flow of .Arthur Kill disperses this formation in the wide expanse of New­ ark and Haritan Bays. .At times we have done our part in keeping this channel which are located the great manufacturing cities of Newark, Paterson, clear by running our own steamet·, the Advance, backward aud forward from Passaic, Hackinsack, and other towns of less importance as manufact- our docks to Ne'w render all our efforts to break through of no avail. It would throttle the flow of the tide where it now has to pass through thenar­ ernment to the city of Elizabeth; the Rahway River, made navigable rowest section of this extensive channel, and thus create iq many places above to the city of Rahway; the Raritan River, made navigable to the city and below it a shoaling of the water. It would be ruinous to the profitable of New Brunswick, and by internal water communication furnishing prosecution of the great towing busine•s that now uses this hiJ,thway of neces­ sity. It would even seriously impede large vessels in tow from passing safely an interior water route as far as Pam.lico Sound on the south. The vast except at slack-water. Thus our location would be reduced from a situation on clay interest, which furnishes material for a large proportion of the pot­ a free and unobstructed "arm of the sea" to one scarcely better than upon an te1·y manufhctured in the United States, is mainly transported through artificial dock with tidal gates. We are surprised that any engineer should pronounce such a bridge equal to this channel, and reaches the channel through Reesh Kill, Richmond, the requirements of existing commerce, much more that it should be said that it Woodbridge, Cheesequake, and Whale Creek!'!, all of which have been could ·• be safely authorized to oo built, without any detriment to commet·ce, dredged and improved by the Government to meet the requirements of pre ent or prospective." Since the United States Go>ernment took awRy the main obstacle to this re­ this trade. It will thus be seen that the major part of the traffic markable highway-the shoal in Newark Bay-we have located our works upon through this sound isofthe.coarser and weightier materia], which will its shores. occupying about 1,000 feet out of tQtal New Jersey shore front, be­ not bear rail t ransportation. tw~en Elizabeth and Perth .Amboy, of about 12 miles. To this 1,000 feet the .privileges of a free and unobstructed navigation have brought an interstate The extent and importance of this traffic is simply enor)llous, em­ commerce of 25,000 tons per annum. Four other establishments, averaging ploying over one hundred thousand vessels, carrying 16,000,000 tons of nbout the same business that we do, have taken advantage of the same facilities 11rodu<:ts, with an estimated value of over $60,000,000-a tonnage to extend that great commerce that is now centering in the vicinity of New York, and there is every reason to suppose that this entire shore will in the neal." greater than the entire foreign commer~e of the port of New York and future be lined with commercial establishments, to which the free use of tho much greater than the forf'ign tonnage of Philadelphia and Baltimore water way is the most important condition. Here, then. i3 a prospective com­ corubined; and, with the exception of the single article of coal, the ton­ merce of 1,500,000 tons per annum, far greater than any railway can ever expect to carry !\Cross the strea.m. nn~e of the sound is greater than the entire tonnage of the six great \Ve hope that no bill will ever be aut.boriz"ed in Washington, Trenton, or else· · trnnk lines of railway having their termini in New Jersey. It is esti­ where that would allow the clear water way of this. stream to be reduced to a mated that over thirty thousand people find employment in the navi­ width of less thn.n 500 feet by any bridge s.tructure. or without having a provision regarding height and width of draw, admitting of safe pa.ssa..c:re of vessels with gation of this natural water way, made by nature's God for man's use, lofty masts through the same. and upon which, together with its feeders, the Government has already Respectfully, yours, expended nearly $1,000,000. STAJ.'iDARD CHEl\IIC..AL COMPANY. Hon. JoHN R. McPHERSON, The tonnage of the Suez Canal in 1883, which cost to build over 457,- United States Senator, Washington, D. 0. 000,000 francs, was less than half the tonnage of the sound during that year. The tonnage of the Detroit River, ofwhi,ch I will speak here­ :Mr. McPHERSON. I will now read the statements of Mr. W. T. :~ftel·, was in 1872 about 9,000,000 tons. Compared with th.e tonnage :Meredith, of New York, Mr. D. C. Chase, and Mr. Isaac L. Fisher, presi­ of the Erie Can~, consisting of like bulky and weighty products, the dent of the Steam and Sail Vessels' .Association, all intelligent men, in comparison stands as follown: Erie Canal in l 885, 5, 000,000 tons, or less respect of this matter: than one-third of the tonnage of the sound. . [New York Herald, Februat'Y 8, 1886.] .Punming the' comparison further, we find that the estimated tonnage BLOCKING THE KILLS-HOW THE BALTIMORE AND OHIO'S BRIDGE WILL AFFEC'.l' of the Panama or Nicaragua canal, or the interoceanic ship-railway, NEW YORK-A SOURCE OF DANGER AND DELA Y-INTERVIE,VS WITH VESSEL­ OWNERS WHO OPPOSE THE BRIDGE-A RAILROAD'S SELFISH E.o.~TERPRISE. estimated to cost, severally, from two to five hundred millions of dol­ The general public seems to-be entirely ignorant of the inland water way to lars, will be less than the present tonnage upon this sound. the south of New York Harbor and its value to the commerce of the country and Let it now be remembered that the stream through which this im­ the people of New York. Tqe Herald lays before its readers to-do.~ some in­ formation regarding the navigation of the .Arthur Kill Sound, of the disastrous mense commerce pa es is an arm of the sea, in short the sea itself. manner it will be affected by the building of the proposed bridge between the The point at which this proposed bridge is to be built is only 600 feet J e>Sey shore and Staten Island. in width, and in the very middle of the channel a center pier is to be SECOND O:YLY TO TllE EAST I!IVER. located, upon which the draw is to rest, and the channel is to be re­ "Tho importance of the Arthur Kill Sound to the commerce of New York," stricted 200 feet in width, thereby placing sel'ious restrictions upon the ~id Mr. William T. Meredith, of No. 58 \Vall street, "is second only to that of commerce of the stream for the immediate accommodation of a single the East River. .Arthur KiU Sound carries every year mot·e freight than the combined foreign shipment·S of Philadelphia and Baltimore. The Clyde lines, mil way company, which, after a!.]owing said railway its full share of the the other freight lines to the South, the coal traffic of the Pennsylvania. and Le­ traffic toNew York, will not carry over this bridge one-tenth of the traffic high railroads from Perth and South .Amboy all pass o,·er this highway. lt w hieh now pasl::es upon the waters below the proposed bridge. Again, would be no greater outrage on the commerce of New York to build a cheap · 1886. CONGRESSIONAL RECORD-SENATE. 4665

spile with a draw across the East Ri.ver to the north of Blackwell's Island than proposed will be open seven-tenths of the time, because the work that is now it would be to block up Arthur K~ Sound with the same kind of structure." done in bulk will of necessity be divided in many parts." ' 'Vhat evidence is there that the spile bridge with a draw would obstruct the What scheme, then, do you suggest for bridging the .Art.hur Kill? was asked navigation of the sound? by the reporter. "The evidence of the towboat companies," replied :Mr. Meredith, ''following "Let the railroad people move below Morss Creek, uut 4,500 feet, to a spot the water of the south of New York; the reduction of the tonnage of the Rari­ known as Buckwheat Island, where the current runs true and fair, the center tan Canal by more than one-half in consequence of the building of the Raritan abutment being placed on the island and the bridge constructed 70 feet above Bridge at the lower end of the Arthur Kill Sound, a structure very similar to high-water mark, so that all vessels can pass under the span." that which it is proposed to throw across from New Jersey to Staten Island. And Buckwheat Island-- Besides this. the common sense of every man teaches him that a bridge so low " Yes, of course. Mr. Wiman's statement has been read that the island is only that a draw is required to admit the passage of vessels is an obstruction in a 25 feet square, while as a matter of fact it contains over 2 acres. being 600 feet in crowded stream. How would New York get; along with a drawbridge across length and 160 feet in width, these figures being based upon the sworn state­ the Hudson 2 miles above the city?" ment of the engineer of the riparian commission." ROW THE BRIDGE WILL BE BUILT. THE OYSTERMEN'S OPINION. Mr. D. C. Chase, president of the Delaware and Raritan Canal seeam Towing The reporter then followed t.he water's edge and talked with over twenty own· Company, wasfoundathisoffice,No.129Broadstreet. Upon beingask~d to give ers of oyster-boats and their captains. They all seemed to be aware of the trap his opinion on the present proposed spile-bridge he said: "Already much has that was about to be sprung on them. One of the oldest captains said: "'Ve been saiu about the enormous traffic of the stream across which the bridge is to be have only recently learned that the soun.d was to be blocked by driven spiles. built. 'Ve aU know that a bridge of some kind or other is to beconsirncted,and The bridge people had better build a dam across Arthur Kill and be done with­ all that navigators, whether steam lines, oystermen, or lraders, want is a bridge it. If nature had placed such an obstruction in the middle of the channel at the that will not interfere with that traffic. Few know that over one hundred thou­ point sug-ge,sted the Government would have been obliged to remove it long sand vessels a year pass up and down the Arthur Kill Sound. These carry coal, ago. The gist of the thing is that the bridge is not to be built so as not to-in- iron, sand, brick, and almost every variety offreight. The trade is very large, 1~erfere with commerce, but commerce is to be regulated so as not to interfere there being 13,500,000 tons of freight carried e>ery year. The value of this freight 1with the bridge. Congress, as a rple, seems to be down on American commerce, is from $4 to SUlO a ton. and is going now to let an Englisnman block u~ np worse than ever." "The center pier, constructed of driven spiles," explained 1\Ir. Chase," is to be Mr. ·william P. Clyde, No. 35 Broadway, said: "I have no objection to a 550 feet in length, which, with the cribbing or guard;; at eacil end, will probably proper kind of brid!.{e across Arthur Kill, but if the st.ream is blocked up with be 570 feet in all. It is to be about 65 feet in width. The stream at this point is spiles there will be trouble. More I decline to say." From an authentic source narrow, being only 600 feet from shore to shore. As spile piers are to be huilt it iR learned that the Clyde lines carry $65.000 of freight daily through Arthur • out from both shores, the width of the draw, when open, will be only 2'2.'> feet. Kill Sound. In all $5,000,000 of freight is carried by the steam lines every month. At the place in question there are strong cross-currents, and the ti~ runs about WHAT COAL SHIPPERS SAY, 4 miles an hour. Thus a tow coming toward New York loaded wtth 8,000 tons, not an unusual cargo, and being towed by steam, moves along with the tide at Messrs. Berwind, White & Co., No. 55 Broadway, are the largest miners and a rate of speed of from 7 to 8 miles an hour. Should tile draw be closed or shut shippers of bituminous coal in this CO!lntry. Last year 600,000 tons of tileir coal in tile face of such a tow, as will often be the case, there· is no power on t-arth was brougilt through Arthur Kill Sound. Mr. Berwind said: "We have felt that can check the loaded boats from sheering into the center pier; and the that the bridge must come, but we are strongly opposed to one with a draw. It immense weight forging along at such a great headway will eause the boats to should be at least 70 feet above the surface of the w>tter." crash up against each other, and not only run a chR.nce of being wrecked; but rio ()apt. Henry Hoffman, th~ superintendent of the harbor work of Berwind, considerable damage to the bridge. Any one acquainted with the towing traffic White & Co., said : "The proposed bridge is going to do incalculable damage to on thiS stream knows this will be the case, as the stream at the point '"''ilere the commer-_-e of New York-far more harm than it will do to Jersey. This city the bridge is to be built is too narrow to admit of long tows being tumed and is the great central shipping point. I know some of the bridge builders, and checked. they say it is to be built of spiles driven in the center of the channel. This will practically block up the sound. Both the sailing and steam traffic will be dis­ THE REAL POINT AT ISSUE. astrously affected. The fleets of oyster-boats can not beat through a draw "The real point at issue is whether the bridge shall or shall not be such a Rgainst a head wind. They will lose days of time every year. The spite pier structure as will leave the navigation of Arthur Kill Sound free. The Baltimore in winter will create ice, and catch enough to block the draws. As the sound and Ohio Railroad Company propose to build a bridge costing only $:!50,000, is now we ha>e the greatest trouble with ice for several mont)ls every year. with a draw affording a passage· way 22-5 feet wide from the ceRter pier to either There are thousands of men who make a living on t.he souud because it is now side, at an elevation of 30 feet above the water. At the point where it is pro­ open; but shut It up, as is contemplated, and the poor mari, of comse, goes by posed t.o locate the bridge the sound, though deep, is only 600 feet in width. I the board. As far as the coal traffic is concerned, it is impossible to bring the have talked with a number of expert bridge-builders on the subject, and there coal t~ the city as cheaply or as safely as through Arthut· Kill. When we are can be no doubt that an expenditure of 750,000 would build a bridge with a forced by the ice tog<) outside of Staten Island we have to load our boata with single span of600 feet fromsilore to shore at a. height of70 feet above the water oue-fourth less coal, and tile danger is increased four hundredfold. 'Vhen east and this would leave the navigation of the soundcomparativelyfree. President winds prevail we do not dare to make t.he outside route." Cleveland, in his message to Congress, refers to this very que:>tion of the con­ struction of bridges over navigable waters. A GREAT EXPENSE TO NAVIGATORS. "Nowhere else in the country would such a bridge be tolerated as the Balti­ How about the tows of coal coming to t.his city? more and Ohio is now preparing to construct over agt·eat water way for a paltry "The usual tows consist offrom thil'ty to forty boats. I have seen forty-eight cost of$350,000. This bridl{e question seems to be looked upon in New York as boats in one tow. Each boat is loaded with 300 tons of coal. Thus a tow of only a good joke on New Jersey. But if this cheap draw-bridge be built New thirty-five boats is laden, witil10,500 tons of coal. According to the weathe1· and York will find it more than a joke against her si ter State. It will be an ob­ tides, from one t.o three tugs are used. The boats are four abreast and string out struction to her own commerce. Public attention should be directed to the right n. great length. The line from the tow to the tugs is about 120 fatiloms, say 720 oft he people t.o demand a strnctu re costing from $750,000 to $1,000,000, and New feet. This length of line is neces.'mry. lt will be impossible to get such tows York should lo~k to. it ~refully tJ;lat no bridge across Arthur Kill Sound by act through the draw, because the boats sheer and swing in the cross current where of_ Congress w~tch wlll.mterfere w1th her commerce, as the proposed spilc-bridge the bridge is to be built. Extrn tugs will have to be located there to assist the wlt.h a draw w11J certamly do. should be constructed. . · regular tugs in getting the tow til rough the draw. The expense will be greatly l'he whole country should rise against this contemplated outrage. No pier increased, and, of course, prices will have to be advanced. The additional ex­ or any superstructure should be bnilt in na·dgable waters. The Govern went pense between a draw-bridge aud one to spa n the Kill will be but a fit-a-bite to has already expended ~8,000 in removing obstructions in this place, aud pro­ what the navigators will have to expend yearly if the channel is blocked up pose to spend upward of $2,000,000 more for tbe same purpose. The center pier with spiles. '£hese are the fa.cts, and no one can truthfully conL_radict tl~em." pfitself will be a greater obstruction to navigation than all the obstructions wilich have been or will be removed. There is no other inland water route Again. The Sta~ of New Jersey is the owner of the riparian right from New York to the South and West, and no one State is more interested in of neaTly 12 miles of water front from Elizabethport to Perth Amboy, this matter than another. The secret is that the Baltimore and Ohio desire to block up the water traffic that they may control the business themselves." having a present value of $10 per front foot and a prospective value almost incalculable, the proceeds of which are pledged to the school THIRTY THOUSAND NAVIGATOP.S TO SUFFER. :Mr. Isaac L. Fisher, president of the Steam and Sail Vessels' Association was fund of the State, and whose value would be vastly decreased by the next called upon at his office, No.14 South street. "I have only the iuter~st of proposed bridge structure. In the judgment of many prominent gen· the navigator at heart," said he. "I speak for no corporation. The greatest tlemen-whose judgment in these matters is superior to my own-con­ interest of all in this matter is that of the men who earn their bread and butter on the stream of wat-er in question. The number of vessels plying through t he sidering the pecuniary interests the State bas in these lands, it could Kills is annually increasing. One hundred thousand passed up and down from bettet· afford to build a tunnel at its own cost and expense and present this city through the Kills and Arthur Kill last year. it to the railway companies desiring to use it than to suffer the loss "Altogether there are ten thousand different vessels employed in the Arthur Kill traffic. They average three meu each; the oyster-boats and vessels carry­ which the proposed bill will entail. ing bricks employ six to eight hands; the canal-boats abnut two. Allogether It is estimated that95 percent. of all the coal distributed thron~h the thirty tilousand men earn a living on these waters; bt>sides this 30 per cent. of New England States is transported by boat through Long Island Sound, these m~n carry their families with them. Block up the stre~~m with a bridge at the place selected by the railroad and these men must necessarily suffer. The a large proportion of which first passes through Staten Island Sound. whole plan of navigation in the sound will have to be changed, therebycal"ting Although the coal fields have djrect communication by rail with New a heavy burden upon all employed in it. Tbe tugboat men, wilo must respond England, the railways have no~ been able to competesnccessfully·with for damage to the vessels and ca~oes towed, wiU not take additional risks with­ out additional compen,.ation. The carrier will ask increased rates to meet the the cheap water transportation to the New England ports. Any ob­ increased rates charged. The shippers, in order to protect themselves must pav struction to this water commerce is an additional charge upon coal prod- increased rates of insurance, for underwriters will advance theit· re:tesofor th'e nets to all poi.nts east of New York. . increased risk, all of which must ultimately be borne by the consumPr. If 'l'his proposed bridge is to have a center pier 580 feet in length par­ s;raf!ted, this cheap wa~r routE; so conspicuously mentioned by Colonel Gi lies pie 111 hiS report of 1~3 will be rumed. and many thousand men who earn their liv­ allel with the channel. And this long center pier is the very thing ~ng upon this stream of 'Yater wi~l b~ driven off, b«:cause a single ~rporat- ion, which the mariner so greatly dreads. Any Senator who has crossed 1n order not to change the1r plans, 1ns1st upon choo!'mg a spotthatwtll ruin the Round. The bridge can be built so as not to interfere with the commerce and the East River between New York and Brooklyn when the tide begins it ought to be if built at all. ' to ebb can form an approximate idea of the foPOO of the current t hrongh THE DRAW WILL RARELY BE CLOSED. the narrowest part of this stream again narrowed down to 400 feet by "The bridge bill provides," continued Mr. Fisher, "that the dmw shall be the bridge structure. The tide will run through this n~rrow water opened promptly upon reasonable signals, except when trains are passing over way (now like a mill-race) with increa.'1ed velocity, making navigation it. That section is delusive. ·when a trair. is about due that draw would not very dangerous if not well-nigh impossible. he turn~d until the tru.in had passed over it, for all the vessels in the country. In all fauness, how could a vessel running with the tide; and often hamper.. d The present method of navigation in the sound is by long tows of by the fogs prevalent thereabouts, avoid colliding with the brid'"e under such thirty or forty boats, each containing 300 tons, more or less, drawn by condiLions. It is so at every railroad drawbridge, and it is that"'which makes them so objectionable and dangerous. For the safety of the tnweling public one or two steamboats of great power. These boats enter the kills at nlone, th.ey sh.ould all be built without a draw. especially where it is as practi­ Raritan Bay, and start upward when the tide begins to flow, having cable as m th1s case. I honestly believe that the draw in this bridge built as the assistance of the tide or slackwatcr tmtil they reach Long lslnn

Sound. In the opinion of those who navigate the sound, by reason ~y the cession of Alsace and Lorraine France lost the connection be­ of the center pier of the bridge or the approaches thereto in this tort­ tweeh the northern tributaries of the Rhone and the Rhine, which were uous stream, with long, snake-like tows, it would be necessary to use united at Strasburg. She set to work without delay to reunite these the ebb tide instead of the flow, thereby increasing the cost and delay two lines of communication by a new canal constructed on their side in navigation more than 100 per cent. As expln.ined by one mariner, of the Vosges, t.heestimated costofwhich was sixty-five millionfrallc3. a. steamboat would be required at the rear end of the tow to steer it Thisworkmustnow be complete or drawingtowardcompletion. Even through the passage. Another says, if running with the tide and the the Russians have been at work converting St. Peter burg into a sea­ draw be not open, as will be often the case, these frail and heavy-loaded port by a canal 20 miles in length. At the months of the Danube and canal-.boats would be forced against the bridge and with certainty be the :Mississippi great improvements have been carried out with marked wrecked. He even predicts that the stream· itself will be absolutely success, giving to th~ Danube 20 feet of water in place of 9 feet, and closed at times by reason of sunken wrecks. increasing the low-water depths of the Mississippi from 8 feet to 30 · In proof of this he cites the conditions which existed at the Raritan feet, w~t.h the result that the exports from New Orleans ha~e increased bridge when first built, when the attempt was made to pass the draw many fold. Mancheste1· is about 40 miles from Li~erpool, with six lines at an ebb tide which was followed by the wreck of many boats. The of railway connecting the two cities, yet it is proposed to connect the practice now is to anchor the tows above the bridge, at great loss of t:vo cities by a. s~p-cana~ to cost 40,000,000, as.the numerous mil way time, and go through·the draw against the tide. They then pass into lmes are deemed rnsuffic1ent to transport econ01mcally heavy and bulky Arthur Kill and approach the proposed bridge with the conditions ·ex­ merchan~ise. In this connection I desire to read a statement by Maj. actly reversed. They must then anchor again until the tide changes, W. R. King, one of the ab1eEt of the Corps of Enginee:I;S of the United or take the chances of safely passing the pier, and that, too, in a cnr­ States Army: re.pt much stronger t.han at the Rarita.n bridge. This i~e>idJlnt from' the experience in older countries, for althou"'h we arc in Again, if an upward-bound tow should anchor below the bridge for our own estimation, a wonderful nation, we m·e not exempt fron:'the laws' of nature, m1d will probably obey "manifest destiny." about as others have done the reason sbted, all commerce in the opposite- direction would neces­ before os,-o.nd we are not o wi e but that we may profttnbly take les ons from sarily be impeded, for the stream is too narrow at this point to permit . their experience. France, for example, with an area about four-fifths o.s lar.-.e • them to pass safely. . a our 'tate of Texas, and a population thirteen times rlenser than that of the nited State~ has 18,000 miles of railway, or about 1 Inile of railway to 11 milcfi Again, the traffic over the railroad owning this proposed bridge, con­ of territory, while the tinited. States have only 1 mile of railway to 29 miles of sistirig·of passenger and freight trains, will necessa.rily be very large, territory. . and the draw will of necessity be closed a great portion of the time. It Notwithstanding these facts. and the enormous strain upon her finances fot.· war expenses and indemnity, France is expending sums on her water way t.hat takes several minutes to open and close the draw. It is plain, then, that ,yould make our short-sighted econorn.i ts howl with alarm. this wealthy railroad corporation, secure in its power by its being given control of the bridge, can not do its own business without disregarding its obligations toward its weaker competitor, a part of whose rights it * ~ ~~~~~~~:·~·~~~=:·~·~.·~~~~~·:·:::~·:·:::::::.:::::::::::::::::·:·:::::::::::::::::::::::: i~; has ilieady taken away under the protection of the law and obstruds 5:5 its operations. With the incessant passage of trains vessels m11st be de­ l\Iaking· in all...... :... 175,800,000 layed for hom'S, time which they can not make up, and which must to be e..y-pended in the immediate {utw·o for these improvements; a sum larger than all that has been expended for rh·e1·s and harboJ'S by the United States prove a serious loss to men who are not a.ble commonly to bear it. since the foundation of the Government. This last, including all unexpended The only question the committee seem to have considered is not balances, amounts to only $136,U2,576. and it' we include the $3l,G2l,42.3, 'vhich whether the bridge will seriously interfere with commerce, but whether covers all that has been expended by States and private corporations for river commerce shall be regulated so as not to interfere with the bridge. improvement • so fa.r as can -be ascert-ained, the nmou.nt wou.lcl still· be ouly ~167,134,000, or $3,000,000 less than this one appropriation by the French. To illustrate further, over one hundred thousand vessels annually pass Germany affords au other excellent example of how riv-er navigation ought to through the sound, or three hundred and thirty vessels every twelve be de>eloped. 'Yith an arcn almost equal to that of France, and only one sey­ enteenth part as great as that of the United States, she has fifteen time om· hours. The trains of the Baltimore and Ohio Railroad alone (if no other density of population, and .a nnle of railroad to every !I square miles of territory, road avails itself of the privileges the bill confers), if equal to the pres­ instead. of 1 to 29 as we have. She finds iL advantageous, however, to expend ent business ofthe Pennsylvania line{and it would scarcely be willing far greater sums for riYer impro>ements than the most enthusiastic advocate of · internal improYements would think of expending on ow· rivers. On one stream, to concede it to be less), would require to pass over the bridge over three not as large as some of. the brancl1esof the Tennessee, say the Holston or Clinch, hundred trains per day, or say two hundred trains within the twelve she has expended $-'>0,000 000, and I am informed that a cablErtowage company working hours by water. Allowing fifteen minutes to both open and on one of these dvei'S, which is too 1-apid for ordinary navigation, has a chain cable 100 miles long, which enables boals to make I'egular trips according t-o close the d.row, it would require each working day to be :fifty hours long schedule and canyfreigbt at about half a cent per ton-mile, for short as well as to adjust the draw alone, to say nothing of the time required in pas::.-ing for long distances. This towage company pays 6 per cent, dividends on its cap­ boats or trains through or over the draw, and to say nothing of the in­ ital stock, ~hich is considered a good investment in that country. Among the advantage of river improvements may be mentioned; creasing commerce required by 12 miles of new manufacturing enter· 1. They furnish n1.eans for the transportation of heavy and bult..-y comnlOdi­ prises which would otherwise soon locate on the shores of the sound. ties, such as coal, iron-ore, scrap and pig iron, stone and timber, which often will Therefore, for the reasons I have stated, any attempt to bridge this sound not pay the cost of transportation by 1-ai I. other than by a bridge sufficiently high permit the commerce to pass Z. They keep in check the grasping tendencies of railway companic by con­ to twlling frei~ht rate:~ and facilities. under it, or by a tunnel underneath it, is a mistake so heinous that it approaches a crime. The·proposed bridge is to be 32 feet above the low water, and is to Now, sir, this propo ed legislation is b!lSed entirely upon the requc t cost $300,000. A tunnel can be made 32 feet below the s:urface of the of the parties interested, and the propriety of which is supported solely water, t.he bed of the sound being solid sandstone, making the grades upon the opinion of 1\Iaj or Gillespie, of the Engineer Corps of the United precisely the same, for the sum of six hundred thousand dollars, and even · States Army, who seemingly ne~er resists the plans and purposes of four lmndred thousand has been named as its cost. Through this tun­ powerful and wealthy corporations. A reference to 1\!ajor Gillespie in nel, if properly constructed, could pass withoutinterinption all the com­ 1884, February 28, exhibits a want of knowledge in the peTformance merce, present and prospective, to and from Staten Island for a hun(lred of his duties, touching the needs and requirements of commerce, truly years to come. The tunnel proper would be scarcely as long as this Cap­ amusing. The bill then pending. wns for two railroad bridges, simi­ itol building, it being only 600 feet from shore to shore; and the ap­ lar to the one now proposed, to be located one at each end of Arthur proaches could be open, as the shores are nearly on a level with the Kill. As ArthW' Kill is the nearest and-the necessary outlet for the water. A bridge 70 feet high and to span the stream without draws great fl.ooas of ice from a part of New York Bay, the Kill von Kull, would be somewhat more expensive because of the approach thereto on Newark Bay, the Hackensack and Passaic Riv-ers, together Wlth the ~e Jersey shore. However, the question of expense should have no Hahway and Eliz~bcth llivers this ice floe would be forced ~tween -place in this controversy, for no railroad should be permitted to cross the-two bridges and effectually blockade the sound. And yet he de­ that stream except above or below the waters, so as not to interfere with clared these two brid~ no detriment to commerce, present or prospect­ its immense commerce. ive. In 1886 he again reported, in a modified and guarded form, and concludes as follows: ' In a newly settled country the natural water courses are .the only . . highways available for heavy transportation. As population increases Tlle construction of tbe p1·opo cd bridge under the provisions of the bill will and the country is developed U\ilways are built, and, for a time, they not injuriously atrect any interests over which the Government has controL can do all the business required, thus apparently superseding water With the exception of the report of 1\lajor Gillespie, there nowhere transportation altogether; but as the wealth and density ofpopuL1tion appears the opinion of any Go\ernment or other engineer in support of still further increase the necessity for water transportation again as­ the position taken. serts itself. So true is this, that now on all sides we find a cry raised · The PRESIDENT pro tempou. The Senator from New Jersey will for the improvement and greater use of water ways. The necessity pause for a moment. It is the duty of the Chair to lay before the Sen­ for paying increased attention to our inland navigation has been forced ate the unfinished busines$, .2 o'clock ha~ng arrived. upon the public in this country by the combination which railway :Mr. McPHERSON. I think I can finish in a few minutes what I de­ companies have managed so skillfully to arrange and work for their sire to say on this point. exclusive benefit. It is not.in this country alone, however, that a tend­ M.r. FRYE. I ask unanimous consent that the Senator from New ency to revert to the older means of tmnsit is noticeable. Throughout Jersey may be permitted to finish. the world of commerce the desire for more direct means of conveying The PRESIDENT pro tempore. If there be no objection the Senator goods in bulk ~rcvails . from New Jersey will proceed. 1886. CONGRESSIONAL RECORD-SENATE.· 4667

Mr. :McPHERSON. Indirect contradiction, however, tothe reason­ nage of the Arthur Kill, and although the river was closed to navigation ing and conclusions of Major Gillespie we have the statements and four months of each year and the railway interests seemingly almost opinions of several other engineers, civil and m$tary, touching this imperative, this board reversed all former decisions, declared against subject. I desire to read a statement of Maj. A. B. Burr, United States the bridge and in favor of a tunnel. Go~ernment engineer, in charge of Raritan Ri;ver improvements, whose Now, Mr. President, I have reached that point in the discussion long experience with the commerce of these water:; would appear to where I wish to refer to very many authorities upon this subject, if it make him a competent authority on this subject: is the pleasure of the Senate that I should proceed now, or I will wait In reg~d to the proposed building of a railroad bridge across Arthur Kill, be­ until some other time, as I am very hoarse and it is almost impossible tween Staten Island and New Jersey, this proposed railroad bridge is t-o be built for me to speak this morning. However if the Senate would prefer that over the existing channel, which passes Elizabethport, runs between Staten Isl­ and and New Jersey, and empties into Raritan Bay. The bill introduced is for I shall conclude all I have to say on this subject, I will try and worry a bridge to extend from Eliza.bethport to Staten Island, with a center pier 500 through it. feet long parallel with the channel, having a draw 200 feet wide. To build such The PRESIDING OFFICER (Mr. FRYE in the chair). Does the a bridge at this point at least 300 feet of the water inclosed between these shores will be obstructed by the piling or piers, which will have to be driven or built Senator from New Jersey express any request to the Senate? to support the road-bed. Arthur Kill is very narrow, only 600 feet wide; is one Mr. McPHERSON. I wish to say that the subject to which I wish of the most important highways for commerce in the vicinity of New York to refer in my remarks hereafter will be to read from reports of differ­ Ha1·bor. The channel is used by all the vessels which transport the commerce originat­ ent engineers, &c., touching similar improvements which have been ing at Elizabethport, and also by all vessels, steamers, boats, barges, and tows proposed t<>_be made in other parts of the country, and it may take me • which go to and come from the many rivers tributary to Arthur Kijl, or which some little time. As I say, I am very hoarse, and it is almost impossi­ pass ft·om New York Ha1·bor southward, through the Delaware and Raritan Oanal, which with the R-aritan River is the connecting link of intet'State com­ ble for me to speak at all. merce, between States south of New Jersey and those east. The annual tonnage M:r. SEWELL. I suggest to my colleague to let the matter go O\er of the canal alone at one time amounted to 5,500,000 tons; it is now diminished and let the regular order be proceeded with, and he can resume his re- to 1,800,000 tons on account of shoals in the Raritan River and the unfortunate delay at the mouth of this river compelling the tows to wait for certain stages marks to-morrow in the morning hour. · of the tide before attempting to pass through the draw of the Long Branch Rail­ The PRESIDING OFFICER. If the Senator from New Jersey re­ road Company's bridge; then they expel'ience great difficulty in getting th1·ough. frains from addressing the Senate at any greater length at this time, In 1874the General Government proposed to improve the channel by dredging the channel400 feet wide,13 feet deep, mean low water, extended !rpm Shooter's the. regular order will be presented. . It i'3 a matter for the Senator Island leading past the wharves at Elizabethport with deflecting dikes on both from New .T ersey to determine. sides of the channel. The opposition to the dikes was so influential that April Mr. .M:cPHERSON. I desire of course to consult the convenience of 26,1875, ageneralorderwasissued constituting a. board of United States engineer office1'S to examine and report a plan for a channel between Staren Island and the Senate and the committee. It is well known that I have placed New Jersey, which board reported November 30, 1875, and in this report is the no hinderance or obstacle in the way of the discussion of this measure. following paragraph : I desire to have it fairly -discussed before the Senate, so that the Senate "It has been urged that the projected route, by reason of the abrupt termina­ tion of direction at the eastern end of the dikes, will inconvenience the towage may fairly un'derstand it. If it is the desire of the Senate that I shall companies, while the advantages of a wider, deeper, and shorter channel only , go on now, I will continue to do so, and concludealllhavetosay about about a mile long between dikes more than compensate for the incon>eniences the matte1·. of this change of direction to the larger class of vessels. It is quite probable that large tows would by preference take the present channel if suitably improved. Mr. BLAIR. I was called from the Chamber. I should like to un­ Any p1·oposition to dike in the present cha.nnel would doubtless.prove a failure, derstand the condition of the business of the Senate. , ' as the meeting of Arthur Kill and Kill Von Kull currents would form a shoal The PRESIDING OFFICER. The Senator from New _Jersey an­ somewhere between the dikes, or at the entrance, and thus defeat the purpose of their construction. This board place their decision not to recommend the dike nounced that he was nearly through with his speech when the hour of sy temof improvement already commenced solely on this gt·ound, that what­ 2 o'clock arrived, and unanimous consent was given that he might con- ever may have been the prospective requirements of conimerce on this route elude to-day. The Senator from New Jersey now informs the Senate three years ago, its present needs do not in their opinion call for a 14.-foot chan­ nel at mean low water to be attained by the construction of dikes at large co t. that he has numerous quotations or citations to make from authorities On the contrary they believe that the existing channel can be sufficiently im­ and that he does not desire to go on further now. proved to accommodate present commercial interests by dredging t-o a depth of Mr. BLAIR. Has it been sugg~ted that the quotations be printed 10 to 11 feet at mean low water by diminishing its curvature at the Corner Stakes Light, and by giving it sach width as to permit the passage of lar~e tows, and without reading them? the largest class of sailing vessels in use on these waters without rtsk of collid­ The PRESIDING OFFICER The Chair has heard no such sugges­ ing or grounding. We thellfefore recommend that this cj.eepening and·widening of the channel be effected in ncoordance with the plans which we now submit." tion. "As the channel in its western and difficult portion was produced by the transit Mr. BLAIR. If they are all citations of authorities and the Senator of large tows drawn by steamers Q.nd the larger class of propellers, it is presumed has ~ggested that he is not in a condition to spea.k, would it be looked that when deepened the same causes will help maintain that depth and dimin­ upon in the light of a favorable suggesti<;>n if some one should ask, or if ish the expenditures that will be required from time to time for dredging." It will be noticed that the board of engineers decided that shoals form some­ he should ask, that they be printed without being read? I think con­ where between the dikes, or at their entrance. These dikes were to be built par­ sent would be givetl.. n.llel with the channel, sp that the water could flow past them. Now if shoals Mr. McPHERSON. It simply amounts to this:. 'We have a regular form around such dikes, which comparatively do not obstruct the flow of water, is it not demonstrated that if piles are driven directly across or horizontal to the order which I understood was to come up at 2 o'clock. When that hour flow of water of the channel or large piers built with narrow outlets that they arrived the Senator from 1\fa.ine asked the courtesy of the Senate that I act as adam, stoppingtheflowofwaterinagreatmeasure? And in consequence might conclude what I had to say on that particular part of the ques­ shoals will more readily form, and in a short time the channel will diminish down to a narrow, intricate one, caused by shoals forming around the piers of tion of which I was th~n speaking. I fit is the wish of the Senate that this railroad bridge, causing great inconvenience to the commercfal interests of I shall continue the discussion of the bill to-day, I will continue. If the many tributary rivers which rely on this kill as the means of a direct and it · the wish of the Senate to take up the regular order and then con­ economical delivery of their merchandise, and on which the General Govern­ ment has expended $848,000 improving. tinue tlie discussion of this measure to-morrow in the morning hour, The maintenance of deep water and open channel at this point is a matter of I should like to understand it. · more than local importance, as it not only concerns the coasting trade of New Jersey but also a considerable part of that of Pennsylvania, Delaware, and M1-. HARRIS. What is the preference of the Senator from New J er­ :1\Ia.rylaud, being a peat outlet for easy and economical delivery to the manu­ sey? Does he prefer to go on now? factories of the New England States. Mr. McPHERSON. I wish to say tha having occupied the floor for The number of vessels which pass through this channel amounts to ninety­ an hour and half, and being so mew hat debilitated and weak, it would eight thousand annually, carrying a total tonnage of 16,500,000 tons, with an est:­ a mated value of $61,592,000. be very difficult for me to speak longer, and I should prefer to go on Any bridge across this kill would greatly obstl·uct the navigation of this chan­ to-morrow. nel, as the distance from Staten Island to New Jersey is only about 600 feet, and Mr. HARRIS. I call for the regular order. at least 300 feet of that would be occupied by the piers to support the bridge. A bridge can be built a little farther down Staten Island Sound which would The PRESIDING OFFICER. The regular order is called for, andv have its center pier entirely out of water, resting on Buckwheat Island, a d~w will be proceeded with. on the New Jersey side of the island, and a span reaching from Buckwheat Island to Staten Island. Such a bridge shonld.have an elevation of at least 70 feet PENSIONS .TO SOLDIERS AND DEPEl\TDEKT RELATITES. from mean high water, and would not be an obstruction to the navigation of this highway. · The Senate, as in Committee of the Whole, resumed the consideration For verification of commercial statistics I refer to the report of Col. G. L. Gil­ of the bill (S. 1886) for the relief of soldiers of the 1a.te war honorably lespie, United States Engineer Corps, United States .Army, Appendix G , pages 1 741,742. discharged after six months servjce who -are disabled and dependent A. B. BURR, C. E., upon their own labor for support, and of dependent parents of soldiers Irl clW.l'!Je .Ral'itan United States Govemment Impl'Ot:em.enl. who died in the service or from disabilities contracted therein. It will thus be seen that Major Burr contradicts flatly almost e\ery The PRESIDING OFFICER. The pending question is on the mo­ statement made by Major Gillespie. In a matter of so much impor­ tion of the Senator from New Jersey [Mr. McPHERSON] to recommit tance as this great water way, with almost double the tonnage of the the bill to the Committee on Pensions with instructions, on which the Detroit River, why was not the same course pursued as was done with yeas and nays have been orderea. the proposed Detroit River bridge? Several reports favorable to the Mr. TELLER. The Senator from Kansas [.Mr. INGALLS] had the construction of the bridge, had been made by Government engineers as floor yesterday and I think perhaps had not concluded. I understood to the propriety and feasibility of the bridge, until finally, and with him to SS¥ that he had not. He is not here, but is in attendance on a commendable caution, a board of engineers was appointed, five in num­ committee near the Senate Chamber. I desire to say a few words, and ber, consisting of Majors Warren, Comstock, Weitzel, and Merrill, and I may say them now, and gi \e way to the Senator from Kansas if he Captain Livermore, who after carefully considering the whole matter, shall desire to occupy the floor when he comes in. and although the river tonnage was only about one-half the present ton- Yesterday I made some allusions to the large amount of money that 4668 CONGRESSIONAL · RECORD-SENATE. MAY 19,

would undoubtedly be neces&'l.IY to carry out the provisions of the bill there is a net balance in the Treasury of $106,391,874.06. When you if it sho\]Id become a Jaw. I do not desire to have it understood that consider for a moment the hundred million dollars that is held as a re­ _ in making that suggestion I was opposing the bill pr finding fault with serve for the redemption of national notes, there is in the Treasury of it because of that. I only wanted it to go to the country and be thor­ the United States, or was on the 1st of 1\Iay, $206,391,874 more than oughly understood that we can not be generous without being some­ is required for the purpose of carrying on the Government of the United what expensive. That is to say, if we are going to give to all these peo­ States. ple what we claim that we should do, as a matter of generosity, as a. M:r. CAMDEN. Did the last Treasury statement include the hun· matter of bounty, and as a matter of propriety and right, it will be a dred million of reserve? very expensive affair, and that we all understand. I did not mean to Mr. TELLER. The hundred million reserve is not included in this. intimate that the Government of the United States was not able to The hundred million is treated as a liability and is to be subtracted meet all these demands as made upon it at any time. I do not myself from this amount, because it is found in the liability account. The think that there is any danger but what the Government will be able total amount of money in the Treasury was $505,201,319.97. .Against to do so. I do not myself think that there is any danger of the Gov­ that in the column of liabilities stands $398,809,445.91. Included in ernment bankrupting it<>elf in the payment of pensions, although as I that liability will be found the hundred millions of bank reserve stated said I would very much prefer always in voting upon a bill to know as a liability. just exact1y .what it will cost, and that is always true of a bill which Of course the Government of the United States can get rid of Rome is not absolutely required as a legal obligation on the part of the Gov- of this money by calling bonds, for there is a large amount of bonds ernment. · which can be called. The holders of the bonds are not at all anxious I noticed that yesterday the Senator from New Jersey [Mr. McPHER­ that they should be rolled. The Government does not seem to be anx­ soN]inspea.kingofthisbill, addressing himselfto the Senator from New ious that the bonds should be cal1ed either, because they have been Hampshire [Mr. BLAIR], said: called rather slowly; although I believe there has been a call since last He is certainly aware of the fact that the same Congress which passes this bill December of $30,000,000, which has not had the effect I think of dis­ will he required to raise means for its fulfillment. tributing very much money among the people, but on the contrary has I understand by that that the Senator from New Jersey means to reduced the amount of money in circulation instead of increasing it. make the declaration that the present financial condition of the coun£1-y I cite this to show that there is no immediate danger of the bank­ will not justify the payment of the sum suggested, $25,000,000 a year; ruptcy of the Government of the United States, if we are pretty liberal that it will become the duty of Congress to devise some method to in­ in the matl.er of pensions; and, although I .would not want to vote for creas~ the amount of money coming into the Treasury in order to meet any measure for the express purpose of distributing-pie mone e the increased and new obligation created by the passage of the bill. If Treasury, I think it would be a good thing for the business interests of that is true, it affords ·a reason why we should at least go forward with this country if $100,000,000 of that money could be distributed a once. some caution. I do not' think it true myself. I do not think that the I think a good and wise and economical administration of the affairs of present financial condition of the country justifies the assertion that it the Government requires that at least from one hundred to one hnndred will be necessary to increase our revenues for thEl purpose of meeting this and fifty millions of that money should be paid out at once. bill ifit costs even what the Senator supposes it is possible that it may Mr. President, not only is the $206,391,874, which is held iu the cost, $50,000,000 a year. If it costs as much as that it might necessi­ Treasury serving no particular purpose, except the $100,000,000 which tate a suspension of some paymentS that the Government might pay is supposed to be held to meet demands that may possibly, not proba­ and would otherwise make undoubtedly if the bill did not pass, but it bly, be made by the holders of greenbacks, but there is·a 'large amount is not possible if the bill passes that there should be any deficit, at besides that could be paid out which is held to meet claims that are least for some time. not expP.cted to be presented for many years, if at all. It is undoubt­ In the first place, these pensions will not all of course come upon u:s edly wise for the Government to keep on hand money enough to meet at once. The applications will come in gradoaUy and by degrees, and all its immediate demands. Beyond that it is not at all necessary that money will accumulate in the Treasury as it has been accumulating, to the Government should go. Of course, it may be said that th~ grePn­ meet the expenditures which will be incurred under the bill. backs are a demand on the Government, and that they are a liability I do net propose to go into any general financial discussion as to the which must be always considered and calculated upon in determining methods of rasing money or as to the propriety of piling up in the t be liabilities of the Government; and yet everybody understands that Treasury Department vast sums of money. I noticed yesterday that the Government is no more likely to be called upon to redeem the the. Senator from Indiana [Mr. VooRHEES] said that one of the ca~es national greenbacks to-day than to redeem the bonds which do not of strikes was the vast accum~ation of money in the bands of indi­ mature until 1891. Nobody who was at the head of a great bank viduals. I agree wi~h him. The aggregation of vast fortunes in the having its paper out in that way would ever think of holding one­ hands of a few, whether they be corporations or indiViduals, has a tend­ third of its issues for the purpose of redemption if it had an income ency to create in this country a feeling of unrest, and it cre..'l.tes a feel­ independent thereof of $1,000,000 a day; and there is not a banking ing in the mind of a very large portion of the people that what those institution in the United States or in the world in the same financial men have accumulated unduly they must have taken from somebody, position that the Treasury of the Unitecl States is in that would not and that it has come largely from the· class of people who have the least feel itself justified in paying out $300,000,000, discounting paper to protection at the bands of the Government, ·the laboring class. that extent, and it would be held a. solvent and sound bank in any So I think that the accumulation of large fortunes in the hands of a financial circle in the world. few people or corporations is an evil. I think that an ('qual ev?-1 is the There need be no apprehenison or alarm that a government which can accumulation of a very large amount of money in the Treasury of the accumulate from March, 1885, to November, 188;>, sixty-odd millions of United States. I think in fact that it is a. greater evil than to have money more than it needed and demanded for its current expenses ancl it in the hands of individuals who make u eofit in some way or other. for the discharge of its obligations will not be able to meet any demand _ If' it is in the hands of -a corporation it is probably engaged in Rome which may be made upon it by the passage of this bill. business which makes the capital available•and profitable, and every­ Mr. President, I see that the Senator from Kansas [Mr. INGALLS] is body has some benefit from the fact that the company has the money. here, and I have said all I desire to say on this bill at this time. Locked up in the United States Treasury it is of no benefit to any per­ The PRESIDING OFFICER (Mr. HARRIS in the chair). The que - son whatever. tion is on the motion ofthe Senator from New Jersey [Mr. McPHERSON] I find by looking at the Treasury report a statement that when this that the bill be recommitted to the Committee on Pensions with in­ administration came into power in March, 1885, the net balance in the structions, on which the yeas and nays have been ordered. Treasury was orJy eight million and some odd thousand dollars, to be The Secretary proceeded to call the roll. • accurate, $8,764,590. To force this net balance the Treasury Depart­ Mr. BERRY (when the name of Mr. JONES, of Arkau .<~as, was eaJJed). ment was compelled to carry to the debtor side of the column $100,- My collea~e [Mr. JoNES, of Arkansas] has been called away.on pun­ 000,000of gold lying in the Treasury upon the hypothesis that it might · lie bW?iness. I understand that he is paired with the Senator from be ca.lled out of the Treasury for the purpose of the redemption of the Indiana [Mr. HARRISON]. I do not know whether the. Senator from national notes. · So in fact there were $108,000,000 of surplus money Indiana bas voted or not. in the Treasury at that time instead of a net balance of $8,000,000; M.r. HARRISON. I did not notice that the Senator from ArkanMs but for the purpose for which I desire to call the attention of the Sen­ [Mr. Jo ~ ES] was absent. I beg to announce a pair with tho Senator ate it is not necessary that that should be added. from ..Arkansas. If he were present, I should vote "nay." Startil,lg out with the assumption that $8,000,000 was the net bal­ The roll-c.all was concluded. ance, I find that when the Treasury Department made its report in No­ .Mr. DAWES. I am paired for the daywith the Senator from Texas vember, 1885, it stated then that ~ere had accumulated in the Treasury [Mr. MAXEY]. If he were present, I should vote "nay." some $66,000,000 more than was in the Treasury in the March preced­ Mr. CHACE. I am paired with' the Senator from Ua.ryland [ Ir. ing. It is fail· to presume that this money, if allowed to lie in the WILSON]. Treasury, was money not needed, not required for paying the obliga­ Mr. PALMER. I am paired with the Senator from North Carolina tions of the Goverpment or for the purpose of administering the affairs [Mr. VANCE]. of ·the Government. 1 Mr. BUTLER. I am paire

1886.· CONGRESSIONAL RECORD-SENATE. 4669

Senato1· from West Virginia [Mr. KENNA]. If my colleague were here, Mr. LOGAN. Idesiretomoveanamendment. I moved an amend­ he would vote "nay." ment the other day providing $8 per month. l\f1·. CAMDEN. I am paired with the Senator from Connecticut The PRESIDING OFFICER. The Chair suggests to the Senator that [.M:r. PLAT!'], who is unavoidably absent. · - the amendment is not now in order,' as it would be in the third degree. M.r. COCKRELL. The Senator from Texas [Mr. CoKE] is paired with The pending question is on an amendment to an ·amendment. . the Senator from New York [Mr. EVARTS]. If present, the Senator Mr. LOG:A.N. I understand that, but I think I can offer it so that from Texas would vote ''yea'' on this proposition. it will be in order. -Day before yesterday I offered an amendn~ent ap­ Th'e result was announced-yeas 14, nays 28; as follows: plicable to pensions under this and all other laws, pr~vidi~g that no YEA.S-14. pension should be rated at less than $8. It was voted down. The Beck, Cockrell, Harris, Saulsbury, proposition now is to rate them at $4. I move to substitute for the Berry, Gibson, McPherson, Yest. amendment and the pending amendment to the amendment the words Blackburn, Gorman, Pugh, Call, Hampton, Ransom, used in my former amendment, changing the amount to not less than NAY5-28. $6. Aldrich, Hale, Miller, Sherman, The PRESIDING OFFICER. The Senator can give notice of.his Blair, Hawley, 1\-litchell of Oreg., Spooner, intention to offer such an amendment, but the amendment is not now Brown, Ingalls, Morrill, Stanford, in order. The pending question is upon the amendment of the Sena­ Conger, Logan, Plumb, Teller, Dolph, McMillan, Riddleberger, Voorhees, tor from New Hampshire [Mr. BLAIR] to the amendment of the Sen­ Frye, 1\lahone, Sawyer, Walthall, ator from Nebraska [Mr. VAN WYCK]; a further amendment would George, Manderson, Sewell, Wilson of Iowa. be in the third degree and therefore out of ord~er at this time. ABSENT-34. Mr. LOGAN. A substitute for both, then-- Allison, Dawes, Jones of Arkansas, Pike, The PRESIDING OFFICER. Would not be in order at this time. Bowen, Edmunds, Jones of Florid~,~o, Platt, Butler, Eustis, Jones of Nevada, Sabin, Mr. LOGAN. Very well. I hope this will be voted down, a.nd then Camden, Evarts, Kenna, Vance, I shall offer an amendment for $6. Cameron, Fair, Maxey, Van Wyck, Mr. INGALLS. I ask the Senator from New Hampshire to advise Chace, Gray, . Mitchell of Pa., Whitthorne, Coke, Harrison, Morgan, 'Vilson of Md. the Senate what persons are specified and what classes enumerated in Colquitt, Hearst, Palmer, section 4693 of the Revised Statutes as pensionable. · Cullom, Hoar, Payne, Mr. BLAIR. Has the Senator the Statutes before him? So the motion to recommit was rejected. Mr. INGALLS. I have not. . The PRESIDING OFFICER. The question now is on the amend­ Mr. BLAIR. That is the general statute, under which soldiers, sail- ment of the Senator .from New Hampshire [1\Ir. BLAIR] to the amend- .-. ors, and others connected with the Army are pensioned for their par­ ment of the Sen~tor from ~ebraska [Mr. VAN WYCK]. ticipation in the war of 1861. I have the provision here in the compi­ 1r1r. INGALLS. Let that be read. lation of the pension laws. · The PRESIDING OFFICER. The a.mendment will be read. Mr. INGALLS. I have found the Revised Statutes. Section 4693 The SECRETARY. The q.mendment is to strike out.of the amendment includes soldiers, sailors, and marines. proposed by Mr. V .A.N 'WYCK all after the words "Provided further" .Mr. BLAIR. And militia. and to insert: Mr. INGALLS. And militia. Now I am unable to see, tha.t being That n9 pension.paid under any law to any soldier hereruter shall be rated at the case, why a proviso should be attached to the bill declaring that less than l! per month. only one of the enumerated classes shall receive a minimum pension. Mr. GEORGE. Is the amendment before the Senate now the one I ask the Senator from New Hampshire if there is any reason for that offered by the Senator from New Hampshire? or if that was the intention of the committee? Otherwise I suggest to The PRESIDING OFFICER. The amendment now before the Sen­ him that the wond ''soldier'' should be left out and the provision sim­ ate is .the amendment proposed by the· Senator from New Hampshire ply be '' that no pension paid under this act shall be less than $8 a [Mr. BLAIR] to the amendment of the Senator from Nebraska.[Mr. month." · VAN WYCK], which has just been read. It is practically to strike out Mr. BLAIR. Or "paid under any act." ''eight'' and insert ''four.'' The amendment will be again read, in Mr. INGALLS. "iJnder any act;" but I do not want to vote for or,der that the Senate may understand the precise question. that. The Secretary read the amendment to the amendment. Mr. BLAIR. The bill came from the committee with none of that Mr. LOGAN. I desire to inquire to what amendment that is offered matter with reference to the minimum limit of pensions. One was of­ as an amendment. fered by the Senator from lllinois proposing to fix the lowest pension The PRESIDING OFFICER. It is an amendment to the amend­ at $8 a month. An amendment was moved to another amendment of­ ment of the Senator from N.t~braska [Mr. VAN WYCK]. fered by the Senator from Nebraska [.Mr. VANWYCK] to the same ef­ Mr. LOGAN. What is tha.t amendment? fect, substituting $4 for $8. That amendment was moved by mys.elf, The PRESIDING OFFICER. The Secretary will report the amend- and it was voted down, as was the general amendment of the Senator ment proposed by the Senator from Nebraska. · . from Illinois making the minimum of any pension $8 payable under The SECRETARY. The amendment proposed by Mr. VAN WYC is, any act. · . at the'end of section 1 to add the following proviso: The effort that I am making is to ll.x. that minimum at $4 rather Pro?Jided. furthe-r, That no soldier under this act shall receive less than $8 per tban at $8, if any legislation takes place on the subject at all. The month. committee has recommended none whatever; and if all these amend­ The PRESIDING OFFICER. Tha.t is the amendment proposed by ments are negatived theoill will then stand as it came froiD the com- the Senator from Nebras)ta: Now the Secretary will report the amend­ mittee. . ment to it proposed by the Senator from New Hampshire. What the Senator from Kansas says is quite true, that if the amend­ The SECRETARY. The amendment of Ur. BLAIR 'is to strike out ment to the amendment that I offered should be adopted it would be all after the words "Promded further" and insert: · better to substitute another which would include all the cases eovered That no pension paid under any law to any soldier he1·eafter shall be rated at by section 4693 of the Revised Statutes. There are but very few that less than $4 per month. would be embraced more than a.realready embrared in the language of Mr. LOGAN. I ask the Senator why not amend that so as to pro­ the amendment as it stands; These classes I can specify to the Senate: vide that no soldier heretofore or hereafter shall be pensioned at less First. Any officer of the Army, including regulars, volunteers, and militia, or than $4? any officer in the Navy or l\Iarine Corps, or any enlisted man, &c. Mr. BLAIR. That is what it is; but that language would make more That is in one section; in another: words. The amendment of the Senator from Neb~ka applies only to Any master serving on a gunboat, or any pilot, engineer, sailor, or other per­ those who may be pensioned under this act, and if it is adopted just as son not regularly mustered, &c. offered it will gi~e to all a pension of not less than $8. The amend­ Third, Any person not an enlisted soldier in the Army, serving for the time ment to the amendment moved by myself is that no soldier pensioned being a!l a member of the militia of any State, unde1· orders of an officer of the United States, &c. under any law, this or ~y former act, shall hereafter be paid a less pen­ sion than $4 per month. So if this amendment to the amendment be The fourth class: adopted and then the amendment be adopted as amended and become Any acting assistant or contract surgeon disa.bleu. part of the bill, the law will be that no soldier pensioned shall be paid a pension of less than $4 a month. · And the like. And- Mr. HOAR. MayiasktheSenatorfrom New Hampshire why when Any provost-marshal, deputy pro>ost-marshal, or enrolling officer disable~. the rest of the bill applies to soldiers and sailors all through, the amend­ Perhaps I had better substitute for the words "soldier o.t: sailor" tlie ment applies only to soldiers? word "person." • Mr. BLAIR. The word " sailors" may be inserted so as to read 1t~r. INGALLS. The better way wonld be to strike out all the quali­ '' ~oldiers or sailors.'' I will modify my amendment so as to include fYing words after "pension" and let the proviso apply simply to pen­ " sailors. " , sions, declaring what shall be the lowest rate of pension under the aet. The PRESIDING OFFICER. The amendment to the amendment If the Secretary will read the amendment, it will appear that by strik­ ~ . will be so modified. ing out three or four words the object the Senator desires will be at- I

I I. :.ollll 4670 CONGRESSIONAL RECOJlD-SEN ATE. MAY 19,

tained7 leaving the provision a general one, applicable to all persons to say anything more on this am,endment or the features connected entitled to pension. with it or what might follow as a necessary consequence from it, be­ ~fr. BLAIR. That is what I desire. yond, before the question is put on the amendment to the amendment, The PRESIDING OFFICER. The amendment suggested by the explaining more fully the state of the case. Senator from Kansas will be read. The Senator from Kansas says that this amendment comes here with- . The SECRETARY. !tis proposed tostrikeoutofthe pending amend­ out action of the committee and that it is an excrescence upon this ment the words "to any soldier or sailor;" so as to read: bill. That no pension pnid under any law hereafter shall be rated at less than 84 Mr. INGALLS. I took what the Senator from New Ham~hire per month. said. Mr. BLAIR. That will cover it all and will include everything. Mr. BLAIR. I did not say it· was an excrescence. The PRESIDING OFFICER. The Senator from New Hampshire Mr. INGALLS. That was an inference. so modifies the amendment to the amendment. Mr. BLAIR. Then you could not have taken it from what I said. :M:r. LOGAN. I suggest to the Senator that the amendment maybe Mr. INGALLS. The remark! made was based on what you said. cha'hged to some other sum. The word "persons " applies to all per­ Mr. BLAIR. I said it had not been considered or recommended by sons. the committee, which is true; but the oommittee wouldhardlybejus­ Mr. BLAIR. " Pension" is the word. . titi.ed in -taking the ground that an amendment offered in the Senate ~fr. LOGAN. Then it would apply to all pensions; whether given was necessarily an excrescence upon their work. It is very liable to be to children, to soldiers, or to sailors. You have got to make a distinc­ a great improvement upon it. tion and use the words ''soldiers, sailors, and marines,'' so that it will l\Ir. VAN WYCK. I took occa.sion at one time in the discussion to apply to them and not interfere with the pensions of children. state that this matter of the amount of pensio]J.S was not, as I under­ Mr. BLAIR. There is a bill already pending proposing to increase stood it, adjudicated upon by the committee. There are two·proposi­ the pensions of minor children to $4 per month, and hence there is no tions as to the amount, and in order to make myself clear I will repeat class, so far as I know, that would not be included ·and by proposed what I said before. I introduced three amendments to this bill for the legislation is not already included at as high a rate as $4. purpose of establishing the point sought to be arrived at by me, and M:r. INGALLS. Mr. President, if this amendment shall prevail the all three would bear interpretation on the theory :which we supposed entire practice of the. Pensio~ Office will be inverted. The rule now is properly attached to this bill. to take the highest rate paid as the unit and grade downward from The case referred to by the Senator from Kansas yesterday very prop­ that. Seventy-two dollars being the rate for total disability or help­ erly was that of an injury to a man who had labored at the profession lessness requiring the continual attendance of another person, all other of the law, or medicine if you :please, or as an editor, by his losing his grades are established by rating downward from that to the lowest sum, fingers in the service. If a man loses any portion of his limbs or is dis­ which is $1 per month. If we establish aminimumratefourtimesthe abled, it makes no difference whether he may have been ten days in amount now paid we dislocate the entire system, and it will require a the. service or served four years, it is an actual injury for which the ex­ rernting of all pensions upon an entirely novel basis. I assume that the isting law says he shall have a pension. Senator from New Hampshire does not want·to do that. Mr. INGALLS. Speci:fi.cally. l\Ir. BLAIR. I would suggest to the Senator that the amendment Mr. VAN WYCK. Specifically; no matter whether he is rich or to which he is really speaking is that of the Senator from Nebraska, poor, no matter whether he ser>ed ten days or four years, he gets no which proposes to fix the minimum at $8, and I moved to modify that more and no less for that injury. But now we propose to estabpsh an­ by fixing it at $4. I do not say that I care whether either amendment other class of pensioners, which are service pensions subject to condi­ is adopted. tions. This service pension requires six months' service. If a man has Mr. INGALLS. The principle is the same whether $4 or $8 is :fixed served five months and twenty-nine -days, no matter what the extent as the minimum. of his disability, under this bill he does not get a pension. He must Mr. BLAIR. There are twenty-five or thirty thousand small cases have served six months; and then there are two other conditions, that less than $4, and it seems to be mther trifling with a man to give him he shall be dependent and that he shall be disabled. l\fy idea always such an infinitesimal sum. has been in a bill of this kind that a man's disability should amount .M."l'. INGALLS·. I think the man who triflesjs the man who applies to an inability to procure his livelihood by his labor, and I suppose for a pension under these circumstances, a .man who is not disabled at that a soldier who did not come within that condition fust of six all practically but merely technically, who has had some little trilling months' service and then disability to earn a livelihood should not be mutilation, or some scar, or some sort of bodily hurt that does not at placed on the pension-roll. That has always been my notion of a pen­ :ill interfere with his capacity to earn his livelihood or transact his busi­ sion of this kind. ness insomuch that when you come to what his condition is physically We start with the theory of benefiting those who actually need it on by medical examination, taking the highest rate of total disability as account of their necessity, because they are unable to procure their th~ unit, it is determined that he is entitled to $1 a; month as a pen­ daily bread by daily labor. Any disability less than that should not si<)U. The trifling is with the man who applies for it, and not with place a person on the pension-roll. Any disability greater than. that, the system that gives it to him. And instead of saying that the man be~use it could be no greater, should entitle him to no greater pen­ who now gets a dollar a month after having been examined by a board sfo". It must be incapacity, no matter what the cause, to procure his of surgeons sworn to discharge their duty shall have 4 a month, the daily bread by his daily labor; and when you find a case of that kind wiser and better and more patriotic course would be to say that no it is total inC<;'l.pacity. Anything less than that, in my judgment, should man who can establish a claim to no hlgher disability than that shall never be placed on the pension-roll. receive any pension at all. • That is the point from which we start on this matter. The main There is not any reason or justice in saying that those men who question is, shall it be a·uniform pension? .So I always suppo ed; .I have technically established a claim to a pension that does not dis­ supposed every service pension should be a uniform pension. I sup­ n.ble them or impair their capacity for earning a livelihood shall be posed it was to be $10. If the disability is not entitled to that, it is increased either to $4 or to $8 per month. It is an injustice to those entitled to nothing. No matter whether it proceeds from prostration men who hav~ been disabled. · I do not regard it at all as trifling on ·or asthma or consumption, or whether it be both legs off or both arms the part of those who have the control of this business when they de· off, it is incapacity to work. Hence it was that in this cla of pen­ cide, after an examination of all the facts in the case, that a man is sions I suggested that the rate of disability should be to incapacitate entitled to but 1 a month. for obtaining a livelihood by labor, and by that was meant a complete Mr. President, inasmuch as the Senator from New Hampshire de­ livelihood. If a man was able to go ..around and do chores for a few clares that both these amendments are excrescences on this bill; that days in the week he was incapacitated to earn his complete livelihood, they are interpolations not considered by the committee, not desired and therefore was completely incapacitated. I thought that propo i­ by the committee, but put on here for some reason after the bill reaches tion would extend the bountyoftlPsb:iJ.l to aclassofmen that the peo­ the Senate-I will not say with what object or purpose or with what ple of the nation were ·desiring should be benefited, and would reach design or with what intent, but placed here illogically and without the greater number of cases. Therefore it was that I desired first to anyconcurreuce on the part ofthe committee-! hope neither oftliem settle the class-of cases and then the amount of pension to be allowed; will be agreed to, and that we sha.Jl be enabled to come down to the and I thought I had made myself clear on that matter. simple proposition involved in this bill, and that is, whether or not With this one amendment standing alone saying the pension shall be the man who has served in the .Army of the United States and not $8 a month, and with the other parts of the bill remaining that the been disabled, but is subsequently incapacitated by qisease from ob­ pension may be graded down, I concede there would be an inconsistency. taining a livelihood for himself, shall be placed on the pension-roll, It would be an injustice to those already on the pension-roll who may - I'ather than become an object of public ~harity, without being com­ be receiving two or three dollars for a disability that under this bill you pelled to prove that his disability resulted froin. his military service. give $8 for. But that is the point to be considered and the only point I ·therefore move to lay this amendment on the table. . that I desired by the three or four amendments I submitted to hring to l\fr. VAN ,WYCK. I trust the Senator will not press that m~tion. the consideration of the Senate, whether we should fix: this rate at 24 Mr. INGALLS. I withdraw the motion if the Senator desires to running down to $1, or whether it should be a uniform rate of $8 a- speak. month. . Mr. VANWYCK. Yes, sir; only for a moment. I did not intend The only purpose and the only idea, as I understand, of the American l886. CONGRESSIONAL RECORD-SENATE. 467.1

people, which finds its echo here, should be and is to prevent the spec­ Mr. BECK. It is the proposition we are now required to vote on. tacle, revolting to the American people, that there should be a portion The loss of a finger now by a man twenty-five years after his discharge of their soldiers, from a disa'bility incurred after the service, dying in from the service will entitle him to a pension, and the minimum shall the poor-house or begging on the street-corners. That was the purpose be $8 a month if the amendment of the Senator from Nebraska pre- . of the bill,. and I did not suppose it was to be extended further than that. vails and $4 if it does not. If a strong, able-bodied man, competent to earn his livelihood, lost Mr. VAN WYCK. Will the Senator allow me a moment? one finger, or two or three fingers, a disability known and recognized Mr. BECK. Certainly. under the law, and which yet might not affect his power to earn his Mr. VAN WYCK. I suggested that the pensions be uniform at $8, bread by his own labor, he should not go on the pension-roll. As I and that no person shall be entitled to a pension unless his disability understand, this bill provid~ that this class of cas~ shall go on the is to the extent of incapadty to obtain his livelihood by his labor. pension-roll; and therefore the proposition I make is not an excr~­ Mr. BECK. That is not the provision of the bill. ~ cence, but one of the features of the bill. After we have determined Mr. VANWYCK. I tried. to explain that that was not the provision the class, then comes the qu~tion of the amount of pension. There- of the bill. · . fore I supposed it was perfectly logical, for untn the bill appeared Mr. BLAIR. The Senator describes a disability now which uncler here I did not know that the bill was coming from this committee. existing law ~ pe:nSionable at $72. So this bill, if it should pass and So I had to add that feature to it. It is true, as the Senator from New pass in the -vVay the Senator from Nebraska explains that he wants to Hampshire says, it was in the bill of the Forty-eighth CongreSs. have it passed, would cover the cases of two hundred and forty or two I desire to say nothing further than to explain, which I have sought hundred and fifty thousand now on the roll. It would cover nine hun· in th~e few words to do, precisely the point whether we shall fix this dred and thirty cas~, if that number can be found, who have that dis­ pension at $24, running down to any sum, even as low as $1 or $2 per ability not contracted in the service, but who had rendered service to month. Ifthat is it.sjtidgment, lettheSenatesayso. !fit dwesthe the country, so that it would be no bill at all to reach the poor. other proposition, let that be said. But I did nots.nppose when it was Mr. BECK. The $4 a month proposed by the Senator from New proposed, nordo I think the Grand Army of the Republic ever formu­ Hampshire is less objectionable than the $8, and therefore I shall vote . lated, a bill arranged in this way. They did ask that Congress should with him that far. That wag really about all I rose to sayA recognize the-claim of disability and dependence on the part of the old But I think the principle of the bill, extending beyond disabilities ~ n­ soldier, even where that disability occurred after the close of the war; curred in the service. and carrying the pension-roll to a point that there but I think they never formulated the amount of the payment and is no warrant for in either reason, or justice is objectionable. how it should pe graduated. Up to this time no one who was in the service ever expecten that it I shall be content with what the action of the Senate may be. My would be carried to the length now proposed. The pension-roll is now only object has been to extend its provisions so as to reach the greatest a very heavy one. I know complaint is made against all .of us who de­ number of d~erving and desirable cases. !dread to submittheclaims sire reasonable economy. It is said that vie are grumbling about the of soldiers for disa.bilities incurred in the service or a.fterwards to any amount of money that is being expended for pensions, yet in spite of ali. Pension Department, no matter under what administration, for un­ these flings, when we consider that $765,000,000 ha~e been paid for pen· fortunately it is the case that generally their sympathi~ somehow or sions up to the 1st day of last July, and that all the expenses of this other seem to be against the claim of the soldier, and if there be a doubt Qovernment from the day of General_Washington's inauguration until in the evidence it is generally resolved against the soldier; and if there ruter the inauguration of Mr. Polk, for fifty-five years, for all the ex­ is any doubt ~ to the amount of the money which should be allowed penses of t.he Government, including the Army, the Navy, and every­ because of the disability, the general tendency seems to be to fix it at thing else, were less than $765,000,000, we can form some idea of the the lowest amount. Therefore I think justice would be nearer done to magnitude of the sum that has been paid for penffions. And when we the people and to the claimants of this bounty by fixing in the ln.w a come to consider still. further that it is proposed to pension men who tmiform amo.unt~to be paid to each pensioner. have been healthy for years and years after the termination of the war, J'lfr. BECK. Mr. President, I have only a word or two to say in op­ many of whom have rendered no service except being subject to call for position to the principles of this bill, while I will vote for the amend­ six months, and that our present taxation has to be made that much ment reducing the minimum pension rate .from $8 to $4 per month. - more onerous, while it is so adjusted now that all the money.comes out Heretofore all pensions have been limited to those persons who have of the labor of the very poorest of our people who are struggling io make been injured in the service of.tbe·United States or whose_present ail­ a bare living for themselves and their families, the impropriety of nch ment can be traced distinctly to disease originating in the service. legislation will be manifest. This bill proposes to pension all men who were in the military or naval If this bill passes I hope that a provision will be made requiring the service for a period of six months and have been honorably discharged wealth of the country to support the people who have become poor be­ therefrom who now depend upon their own. exertion for support, if they cause of their service to the country in time of war. I think every should happen to be injured at any time either this year or hereafter. well-regulated government ought to have an income tax at least upon That is a very wide departure from any class of injuries or ailments incomes over $5,000 a year, and I hope to see attached to this bill in that has been considered pensionable heretofore. In other words, this the other House, if it can not be done here, a provision that there shall bill proposes to pension men who may never have heard a gun fir~, be a graduated tax upon the incom~ of the men of wealth of this coun­ who may never have been exposed to danger or risk in any form in the try corr~nding with the pension-list, so that the wealth of the coun­ military or naval service. He may have been stationed in New York try shall pay for the servic~ of the soldiers who have lost their health or Boston in some quartermaster or commissary establishment in the m protecting- the property which is not now taxed, or at least very in­ service of the United States, and may have been discharged honorably adequately t.ax.ed. after six months' service. after receiving full pay for his work with­ If that were done more care perhaps would be exhibited by very out ever having been within 100 miles of an enemy. He may be, as many people who are now clamorous for the granting of pensions than was suggested yesterday, a lawyer in full practice, earning annually is now shown when they are to be paid out of the now grievous taxa­

$5,0001 or, to use my illustration of yesterday, a stenographer at our tion on the poor and all their wants and needs.· There is no reason why desk making three or four thousand dollars a year; and yet, if in open­ it should not be done. There is no more·legitim..'l.te tax_ than a tax ing his door or riffing in his buggy he loses a little finger by accident upon the incomes of the men who have made their moneybythemeth­ (which would have made him.pensionableifit had been lost by a gun­ dds ,d~cribed by the Senator from Texas [Mr. CoKE] yesterday, through shot wound or any other accident while he was in the military or naval the watered stock of railroads, protective tariff, class legislation, and service) he is to be pensioned because that is a physical disability and the ten thousand other devices that have made so many millionaires, he is making his living by his labor, whether at the bar, in the pulpit, who manage to avoid taxation altogether, and can therefore very well or anywhere else, no matter how small the disability is if it is a dis­ afford to pay a tax on their incomes to pay poosions, instead of raising ability that would have entitled him to a pension if it had been I·e­ th~e vast sums as now by taxation on the necessaries of life of the ceived in the service of the United States. poor~t of our people in order to increase the wealth of the.monopolists If for example by a gunshot wound from the enemy he had lost hiS by increased taxation. But I am not going into that question at this little finger he would be pensionable, and if by mashing it in the door time. I only take occasion to express the hope and wish which I have of his house he loses it to-morrow, more than twenty years after he left statetl. ·I shall vote for the amendment to the amendment, but I am the service, having been a healthy and unhurt man, having never heard not content·with the. principle of the bill extending bounties and dD­ a gun fired, having occupied a safe position during the six months he nations when no injuri~ were received in the service and no disease served, he is to be pensioned at not less than $8 a month, and his wife traceable to the service is even sugg~ted. -I shall oppose all such and children are also to be pensioned after he is dead. measur~, believing them to be only devices to maintain unjust and I have heard of men cutting off their fingers during the late war to oppressive taxation on the industries and labor of the country. avoid the draft. There may be men in this country who would be The PRESIDING OFFICER. The question is-on the amendment of glad to lose a little finger to secure a pension of $8 a month for them­ the Senator from New Hampshire [Mr. BLAIR] to the amendment of selYes and their wives and their minor children. the Senator from Nebraska [.Mr. VAN WYcK]. Mi. BLAIR. The Senator does not understand that the bill provides The amendment to the amendment was agreed to. any fixed pension at $8 a month or more. The PRESIDING OFFICER. The question recurs on the amencl- Mr. BECK. I understand that is the amendment of the Senator ment as amended. _ from Nebraska [Mr. V lill WYCK]. Mr. LOGAN. Now, can I offer my amendment? Mr. BLAIR. But it is not in the bill. The PRESIDING OFFICER. It is now in order. . ·4672· CONG RESSION.AL -RECORD-SEN.ATE . M.A_y 19,

Mr. LOGAN. Very well, sir. I offer, then, as an amendment to the to do it: I think it iS absurd and preposterous to give a pe~ion of that amendment: kind. Provided, That any pension hereafter allowed or paid to any soldier, sailor, or As pensions have been given heretofore, there has, as I said the other ~artne nnder this or any other act shall not be less than 86 per month. day, been a discrimination made against the Union soldier. He has Mr. President, just-one word in response to what the Senator from not r~ceived the character of bounty that other soldiers have.who have Kentucky [Mr. BECK] has said. Of course he did not intend an un-~ served this country. I said he had not received land as all other sol­ fair argument, and I hope he will not consider that I am criticising diets bad. He has not received the rating of pension that all other sol­ what he bas said when I remark that I do not think the argument he diers had. He is reduced down from $8 to 1 in many instances, and made and which has so often been made by opponents of pension pills the others were not. My object was to put them upon the same plane is a fair one. Because a soldier bas·lost his little finger and gets a pen- of equality where all other.soldiers have been heretofore placed. sion for that, to say that this bill is made for the purpose of pensioning I think $6 is too small an amount, but as $8 was not accepted by the that cla-ss of persons is not a fair argument. W by ? It is only occa- Senate I hope, if they will accept any change whatever, they will adopt sionally that you find a person who is disabled in th~t way. '£hat is at least the proposition of$6 per month, for ·ifthere is any man in this an exception to the rule. The majority of those who are disabled by .country who 8erved it for three year8 or four years or nearly five years disease, whether contracted in the service or since the expiration of at $13 per month when money in which he was paid was worth only their term of service, are not of that class. There might be found a from 37 to 40 cents on the dollar, and has expended all of it and much few of that class in the country; but there are very few on the pension- more for his family, if he had one, or in supplying himself at times in rolls of that cla.qg. It is very seldom that any one is pensioned for the getting provisions that-the Government did not furnish-if such a man loss of a littlefingeror somethin~ofthat kind. The majority of those is disabled at all, if this Government can not afford to pay him $72 a pensioned are persons who are disabled by disease, and more that are year for the remainder of his' life if he is disabled so that he can not· disabled by disease will be pensioned under this bill than of those 'dis- make a living, no matter when that misfortune occurred, then I do not abled by wounds. They contracted the disease probably in the service, think that this Government performs its duty toward that unfortunate · but they are not capable of proving it, and why? man. Every one who is familiar with the facts connected with the grant- The PRESIDING OFFICER. The Chair will state to the Senator ing of pensions knows that the soldier who was disabled early in the from illinois that the Chair was not aware of the fact when he ruled war or during the war f1·om disease· and who wentJ to the hospitals is that the Senator's amendment was in order a iew moments since that readily pensioned, because such persons have no trouble in proving their the amendment of the Senator from New Hampshire was itself a sub­ cases. It is the man who did his duty faithfully, and who when he stitute for the amen~ent of the Senator from Nebraska. Hence, to was stricken down by disease that was not considered dangerous re- entertain the amendment of the Senator from Illinois at this time mained in camp and did not _go to hospital, who fails to get his pension. would be to propose to strike out what the Senate has by vote just in­ That class of persons have very hard work to prove their cases. Their serted in the amendment; and the opinion of the Chair is upon that a.Ssociates who were living with them in tent during the time, their state of facts that wbileihe bill remains in committee the Senator's messmates, as they were called, have changed their residences and are amendment will not be in order if he intends it as a substitute for the located in different parts of the country, and the'applicant for a pen- amendment of the Senator from Nebraska as amended . . siou who is not able to find them fails in his testimony, and he fails in Mr. LOGAN. The Senator from New Hampshire offered his as an obtaining his pension, although he deserves it as much as a man who amendment to the amendment of the Senator from·Nebraska. was in hospital and who can prove by the hosl>ital 'l'ecords that he was The PRESIDING OFFICER. An amendment in the nature· of a sick. This is and has been one of the great troubles in connection with substitute, as the Chair is informed by the Secretary. very many who are really entitled to pensions. They are not able to Mr. LOGAN. I did not so understand. I offered a substitute and prove the fact of the contraction of the disease in the service. This bill the Chair said it was out .of order. applies to that class of cases. Mr. INGALLS. It was a motion to strike out and insert. There is another class of cases to which it applies, as the Senator from Mr. BLAIR. · It was to strike out all afier the words '' provided Kentucky said-persons who have received injuries sin!!e the war; but further," and to insert. · when he says that a person who is making his $5,000 a year is included Mr. LOGAN. It was an amendment to an amendment. . in this bill I disagree wilh him. That is not the case. It is where a The PRESIDING OFFICER. As the Chair is now advised by the person earns his livelihood by his labor and is disabled from doing it Secretary, however, the effect of the Senator's amendment is to strike that he is to b~ pensioned, not a person who can ~ake $5,000 a year or out precisely what has just been inserted, and to insert other language· $10,000 or even $500 a year, if that is a ~petency for him, put it is in lien. That being so, it would not be in order while the bill is in those who are so disabled by disease or injury that they are not capable committee; it will be in order in tbe Senate. · of making for themselves a living. It is that class to which this bill Mr. INGALLS. Can not. the Senator from Illinois move to strike applies. . out the word "four" in the amendment and insert ''six? ~ ' As I have before stated, I at one time saw a soldier who had served The_PRESIDING OFFICER. In view of the fact that the Senate • through the entire war, a stout, healthy man, and on a Fourth of July has by vote within the last few minutes inserted the word "four," the he was firing a gun and lost both arms in firing that g'tm. He iB not Chair thinks it would not be in order to move to strike that out while competent to make a living of any kind. Both arms are off, one above the bill remains in Committee of the Whole. It will certainly be in the elbow and one just below. I saw the poor unfortunate man and order to do so when the bill is reported to the Senate. gave him all the assistance I could'. That man ought to have a pension; Mr. LOGAN. I, of course, submit to the opinion of the Chair, but he ought to have a pension because he was a soldier who served his at the same time it certainly is an opinion that has not been followed country, and because by misfortune he has been deprived of the power in this Senate very generally. Only day before yesterday the very same of making for himself a living. I think so at least. proposition was entertained by the Chair. Now, so far as the amount of pay is concerned, as I said before-and The PRESIDING OFFICER. If the proposition was to strike out I do not desire to repeat at any length-I do not believe that $1, or $2, anything other or in addition to the language which has just been in­ or $3, or $4 is a sufficient pension for a man who is entitled to draw a serled the Chair would unhesitatingly hold that the amendment of the pension at all. I tried to have this pension raised to $8, but I was voted Senator was in order; but the proposition, as the Chair now understands down. Of course I shall not bother the Senate by trying it again, but it, is to strike out no more nor less, but precisely what the Senate has the amendment I have now proposed is $6 a month. · just inserted, and that being true, the Chair holds that it would not be The Senator who is in charge of the bill well knows the fact that the in order to move to strike that out and insert something else. soldiers of this .country know more about the troubles, trials, and Mr. INGALLS. The Senator from Nebraska offered an amendment diseases of one another than any other class of people. They are asso- proposing to establish the minimum rate of pension at $8 in certain cia.ted togethef' in their little societies and organizations and they learn language. The Senator from New Hampshire moved to amepd the the ills of one another. They have almost universally throughout this amendment, or to strike out of it all after the words "Provided further,'' country petitioned Congress to do away with these small pensions for and insert certain language limiting the minimum of pensions to $4 per the very reason I mentioned the other day, that no physician can "tell month. · Then when that amendment of the Senator from New Ramp­ the sufferings of these men who have a disease that is not prominent shire was agreed to the amendment offered by the Senator from Ne­ and apparent to all, and JTOn have to take the man's word for it as to braska had been amended, and the question then was, will the Senate his suffering. No evidence can be produced to prove the amount of agreetotheamendmentofferedbytheSenatorfromNebraskaasamended suffering. Therefore you must take the man's word. The Depart- upon the motion of the Senator from: New Hampshire. Therefore it ment can only have his word. His evidence is not considered sufficient. appears to me that this is still in an amendable stage. While I differ Then they rate him. If he walks about and labors somewhat, per- with great diffidence from authority so eminent and so long ungues­ forms some labor, they give him $1, or $2, or $3 a month. tioned as that of the occupant of the chair, I should still venture to say Inmyjudgment-andldonqtaskanyma.n tobegoverned bymyopin- that inasmuch as the question has not yet been put on agreein~ to the ion-it is absurd for the Government to pay a pension of that character, amendment of the Senator from Nebraska as amended, w bile that is pend­ if it pays any at all. I would, as the Senator from Kansas said, rather ing the Senator from Illinois would plainly have the right; the parlia­ not have a pension, if I was a pensioner, than to be put off with a dol- mentary question being undetermined before the Senate, to ask the ' lar a month and have to make out my certificate four times a year for opinion of the Senate as in. Committee of the Whole whether that should a dollar a month or have somebody else to do it if I was not competent be finally amended by inserting the w~rd '' six '' instead of ''four.'' 1886. CONGRESSIONAL RECORD-SENATE. 4.673

I am opposed to all these propositions, the eight, the six, and the four; imported, and therefore does not pay duty, but that which is manu­ but speaking from a parliamentary standpoint; it seems to me, with factured in this country is protected by the duty upon that whicb i.& very great deference to the Chair, that the ruling would result in great imported, and the price of it is enhanced by reason of the duties put inconvenience, and that the question is still undetermined whether the upon that which is imported;. so upon the oillion dol1ars paid out annu­ Senate will agree to the amendment of the Senator from Nabrask.a as ally for clothing in this country at the rnte of 40 per cent. that would amended. amount to $4.00,000,000, which is paid alone upon the clothing of the The PRESIDING OFFICER. The present occupant of the chair will country. Then there are many other articles, articles of diet and of not interpose the question of order. The Senator has suggested it or food, which are subject to taxation, and almost every article of furni­ made the question of order, and if there be no o"Qjection the Chair will ture. When yon come to the enormous amount of taxes pnid directly entertain the amendment of the Senat{)r from illinois. or indirectly by the people of this country it amounts to $400,000,000 Mr. BLAIR. I was about to ask that by unanimous consent the or $500,0QO,OOOannnally, and yet yon are talking about increasing the amendment be entertained. expenditures of the Government, and therefore increasing nec~ily The PRESIDING OFFICER. The Chair thinks the amendment is the expenses of Go.vernment to the people of the country. We ought not technically strictly in order at this. time. The question is on the to look rather to a reduction of the expenditures thal;l to an extrava­ amendment proposed by the Senator from Illinois to the amendment of gant expenditure of money. We ought to look to see whether we can the Senator from Nebraska as amended. not reduce the burdens of the people. Mr. LOGAN. On that amendment I ask for the yeas and nays. While there may be three or four hundred thousand soldiers whoare The yeas and nays were ordered. needy, there are five millions of people equally as needy as they are to­ Mr. SAULSBURY. Mr. President, I am opposed to all. these altera­ day, who are helping to pay the taxes which yon are giving away to tions of the pension· law. I do not believe it is wise policy to adopt the soldiers and to others. Go through the rural sections of the conn­ the provision proposed by the Senator from Nebraska or any of these try. There are men and women toiling from early dawn until late at others. The only effect is to take more money out of the Treasury, and night, scarcely able to make a living. They have to pay taxes upon I shall vote against all these propositions. But I want to say that in their clothing, upon much that they eat, upon all that they have in my opinion the pension laws of this country have been as liberal as their houses in the shape of furniture, and yet we never turn to look those of any country on earth, and that we have to-daya.s large a.pen­ to that class of people; it is to some person who has a vote that we can· sion-roll as ever was provided for by any country of which I know. secure by appropri.."l.tions of the public money. We have paid out since the close of the war a larger amotmt of money Fe - ~ one, while I remain iu the Senate I shall not vote subsidies nor in pensioiDJ I suppose than ever was paid in the same length of time by bounties which are not dema11ded by the public service to any class of any other country on earth. Yet the proposition of this bill and all men, and if the consequence to me is that I am retired from public the amendments offered to it is looking to further increase the expendi­ life well and good, I shall have the satisfaction of knowing that while tures from the public Treasury for the purpose of pensions.· serving in the Senate I have followed the dictates of my own judgment I appreciate as highly as any person does the service rendered by the in that regard and that I have not been influenced by a desire to pro- soldiers of the country, and [ have never knowingly voted·aga.inst any mote my political interests. · person having a pension who I believed was entitled to it under the Mr. President, I would do nnything that is proper and right to be laws of the land. I ,-oted against the arrears-of-pensions act because done by the soldiers. As the bill is now amended we are to increase I believed that that was a mere gratuity, just as this is a bounty, as the pension of a man who bas $1 to $4. The pro~ition of the Senator was said yesterday by the senior Senator from Kaqsas [Mr. INGALLS]. from Illinois is to increase it to $6. Those men were rated under the To bounties that are unnecessary, whether in the form of subsidies or law at the time when their disabilities occurred or soon after. Many in the form of a"dditional amounts to soldiers, I .am opposed. Unless are to-day on the pension-rolls who ought not to be there because the dis­ there is an absolute necessity for the expencliture of public money I ability has passed away; and I expect, while I do not know the fact, believe we ought not to expend it. ~hat if there was a perfect scrutiny into the pi:esent condition of pension The time was when in this Senate Chamber the efforts of Senators was affairs there would be found a very considerable percentage of those to scrutinize expenditures and to guard the public interests against now on the roll and drawing pensi<>ns·from the Government whose dis­ wastefulness and extravagance; but the tendency to-day is in exactly abilities have disappeared and who are as able to make their living as the opposite directiour and our whole legislation is looking to see how any other person of t-he s~me age in the country. we can expend the public money. I shall not vote for any of these propositions. I might vote for a I shall not inqnhe into the motives of the extravagant disposition on proposition t{) reduce the amount proposed in the bill, as I would have the part of Congress, either of this Honse or the other, but I venture voted for a proposition to reduce the limit from $8 to $4 for the purpose the remark that with reference to pensions to soldiers the only way to of limiting it as far as possible, but against the bill, however amended, stop that would be by a constitutional amendment to deprive all sol­ I shall cast my vote. diers of a right to vote, of which I would not be in favor, or tp provide Mr. LOGAN. Mr. President, I certainly did not intend to. occupy by a constitutional amendment that no man who has served in Con­ the time of the Senate any further, but I can not sit quietly by and ~~:ress .should ever be eligible to the position of an incumbent of the listen -to so 1·emarkable a speech as I have just heard from the Senator White Honse. from Delaware without responding ve1·y briefly to some of the points We are all human and governed sometimes by our ambition. If the which he suggests. !Soldiers of this country had no votes to-day yon would hear nothing The question as to whether a person-shall receive a pension who has about the patriotism which prompted the expenditure of the public not been in the Army, because he is poor, is one which I have never money for the purpose of pensioning &oldiera. It is because the sol­ heard mooted before. I have never known that line to be drawn at all, diers have a vote that their voice is potential in this Hall. We had as and the suggestion made that the Jactof a person being in impoverished well speak the truth about this matter. circumstances shall be the only merit which shall can.."'e the Govern­ There are other people just as worthy as the soldiers. There are ladies ment to give him a pension. in this land who are earning their living by their needle. We do not As I umlerstand the Senator, he does not believe that pati-iotism is bear any talk of pensioning them or providing for their necessities. worthy of his country. He does not believe that because a man served Many of the soldiers are needy, but the country has provided liberally his country faithfully he is entitled to anymore than one who failed to ' for them if their inability resulted from service for the country. serve it faithfully. He does not believethatagovernmentshouldhold If there is any man who has not been provided for, whose disabilities out inducements to a man to defEmd its flag and its honor. He does were incurred in the war, let him be provided for; but this bill pro­ not believe that a man is gifted with any patriotism .in his breast, but vides for a service pension. :Many of the soldiers are worthy men, and he is a mere machine to be employed for pecuniary gain. the country ought to deal libera.Uy with them, but there are other peo­ The Senator even insinuates that if it were not that soldiers had votes ple just as worLhy. to give at the ·polls there would be no pensions granted them. I am We are looking at what we can do ~th the money in the Treasury. willing that the Senator shall apply that remark to himself. If be I beard a speech yesterday from the Senator from Indiana [Mr. VooR­ holds within his ·breast a heart so bloodless as that, without sympathy HEES], in which he talked about the beneficial effects of the distribu­ towa1·d these unfortunates, I am perfectly willing that he shall enjoy tion of money. !-heard a speech this morning on the other side of the all the consolation it gives him. Chamber by the Senator from Colorado [Mr. TELLER], in which he But, sir, so far as I am concerned I do not appeal for pensions for votes. talked about wanting a hundred millions distributed out of the p_nblic I have ~ever n.ppealed for votes on any ground. I appeal for pensions Treasury. I have not heard a single member of the Senate talk about on the ground of misfortune, on the ground of sypJ.pathy, on the ground the source from whence this money comes. Where does it come from, of charity, on the ground of a duty that the Government owes to its sir? It comes out of taxes upon the poor people of this country as preservers and protectors, and upon no other ground; and he who in­ well as the rich. sinuates that men who have sympathy with the unfortunate soldier Look at the taxes the people of this country are paying! Look, for are only actuated by sinistey motives or desiWis to procure their votes instance, at the clothing of the people of this country ! What does it has a poorer opinion of honesty and honor than I desire tQ have of him. cost to clothe the American people? I venture the a,ssel'tion at once Sir, it is the most remarkable statement that I ever :fi'stened to, and that it will take a billion dollars to furnish the clothing that is worn it-would have only been stronger if the ability ha

and from the standpoint of opposition to the honor of this Government from Illinois shall put me in a false position. I said nothing against decltWn against the right of the Government to grant charities or pensioning soldiers who had been wounded in the service. This bill bounties to the unfortunate men who have become so in defense of the is not for that purpose. It is a service-pension bill for disabilities in­ Government which protects them to-day, I say then the respect of the curred at any time since the service was rendered, and it is that bill to soldier for that class of men ought to cease. How can the soldiers have which I am opposed. _ respect for men who declare that they are entitled to nothing on ac­ I said expressly in-the remarks which I made that the country had comit of having served their country?- provided for the soldiers who were disabled during the war, and that if Air. SAULSBURY. If the Senator intends to insinuate that I made there was any soldier thus · di»abled who had not been provided for it any such allusion to the sol~ers it is not justified by what I said. I should be done. I spoke against extending_the bounty of the Govern­ said the country had provided liberally for the soldiers, and that if ment to men whowerenotwvunded orwhodid not receive any disability there was any disabled soldier in the land who had not been provided in the war, men who have become diseased, as every body .is liable to be­ for: he ought ·to be proVided for. come diseased, since the termination of the war, not traceable to the The Senator certainly could not have listened to my remarks on that war, but traceable to the afil.ict~ons which fall upon humanity. point, for I want to say that I made no personal application of my gen­ - I do not intend thattheSenatorfromillinoisshallholdme upas being eral remarks to anybody. If the Senator sees proper to give it a per­ opposed to the pensioning of soldiers under the laws who had received sonal application I can not help that. I did not give it any personal wounds in the war or who became diseased while in the service of their application. I only made a general statement and a statement wliich country. · It is against extending that, and giving now what I consider a I think the people of this country believe to-day, that our action here bounty to men who were not wounded in the war,. who contracted no in reference to pensions is being influenced to a certain extent at least disease in the war, simply from the fact that they were on~ in the by the very fact that soldiers have votes. .I think the country believes war-it is against the provisions of such a bill that I spoke. it. I made no personal application to the Senator from Illinois, but if The Senator seems to talk--with some feeling. He was a gallant sol­ he sees proper to give it a personal application to himself I can not dier in the war and he deserves well of his country, but at the same avoid it. time he is not to be· allowed to dictate to everybody else what their Mr. IJOGAN. The latter speech of the Senator is amusing. I did views shall be. If -senators on this side of the ChaQlber see proper to not t.ake what he said as personal to myself; I took it as personal to diffe• with him it comes very ungraciously from him to say that they every one who was in fuvor of granting these benefits to soldiers. I am were unpatriotic and that they have got no patriotism. The simple fact not the only-advocate of those unfortunate men; I do not take it to that a man wore epaulets is not a proof of his patriotism more than the myself; but.I was only trying to give the Senator to understand what man who in any other of the walks of Jife faithfully discharged his duty h{l had said so that he might apply that to himself. to his country. · What I said was that the distinction was not drawn by his remarks I defy the Senator to point to any word of. mine or to any ad of between those who served their eountry and those who did not; that mine that was not in perfect consonance and harmony with the inter­ his argun;tent was on the basis that one person was entitled to a pen­ eSt of the Government of the country at the time of the war. I vot.ed sion just as much as another if he was unfortunate and poor. That th~ Democratic ticket. If that was evidence of disloy~'y, I plead _ was his argument, and that was what I was replying to. It was that gnil ty to it. patriotism had nothing to do with a. pension; that service had nothing Mr. LOGAN. I did not say anything about disloyalty. to do with it, and the only question was the wantofthe individual. Mr. SAULSBURY. No duty that I owed to thi.nt. I positively declined also. · to see them, on the ground that I had no right to hold intercourse with I presume there are not very many soldiers perhaps in Delaware who those who were :fighting aao-ainst the country to ~ch I belonged. ha-ve votes, because there are but few people who vote there, for some I declined to see Mr. Thompson, 1\Ir. Clay, and other gentlemen to reason or other, I do not know what. In my State all men twenty-one whom I could have been introduced, on the ground that I had no right years old who have not disfranchised themselves are entitled to vote, as a citizen of the United States to hold any intercourse whatever with whether they have been soldiers or not. There are more people there the enemies of my country. The imputation in the remarks of the who have not been soldiers than there are who have been soldiers; so Senator that gentlemen who differ with him are not actuated by as loyal that if the theory of the Se1;1ator is right, that the people believe what motives as himself is unjust at least. he says they believe, the soldiers' vote would amount to very little in Mr. LOGAN. If the Senator will-allow me, I made no such impu~ this country when compared to the vote· of those who were not sold1ers. tation. I was discussing the remarks of Senators, and said that they So the argument is very light so far as· that particular is concerned, as made that argument; and so they did. well as in other particulars. Mr. SAULSBURY. No, sir; the Senator was not discussing the po­ r presume that the women who·.a:re widows of soldiers and the chil­ sition of the Senator from' Delaware at alL He was misrepre. enting dren who are the-orphans of unfortunate soldiers have no vote in Del­ the position, doubtless unintentionally. aware. They have not in my State. Why should I or any other Sen­ :Mr. LOG.AN. If I misrepresented the Senator I beg his pardon. I ator be in favor of pensioning a widow? Forsooth, .because she votes, did not intend to do so, and I do not think I did. would be the argument of the Senator from Delaware. Why should I Mr. SAULSBURY. I say it was doubtless unintentional, but he 'Qe in favor of pensioning a child one year old? Because it votes, says was misrepresenting my position. - the Senator from Dela-ware. Did a man ever hear such an argument l\Ir. LOGAN. One position the Senator occupied I did not allude to fall from the lips of a great statesmaH. before? I never did. Itisnew; for the reason that I did not know it. If I had known that he was in it is novel. It is an argument which ought to be preserved and handed Canada at that time I should have alluded to that fact. down to be declaimed by boys in schools, that they might learn the pa­ Mr. SAULSBURY. The Senator from lllinois represented the Sen­ triotic devotion of men in this country who believe that nothing but a ator from Delaw::ue as being opposed to all pensions. That is not true desir~otes can cause a "Senator to vote for a pension. in fact, and no word that has escaped me has justified such a remark What causes Senators here to vote for clearing out spring branches, from the Senator from Illinois. as.has been done? Money is appropriated for rivers and places where I have observed in the discussion which has· been going on upon this boats never could float. Is that forthebenefit of the country, or to ac­ bill that gentlemen who see proper to take their view of the subject commodate some_partieular section ofthe country? I do·not hear the are disposed to attribute a want of patriotism to others who do not co­ Senator declaim against that. The only lond declamation that I hear incide with them. I have my views, and I am not ~ afraid to express from him at different times is against pension bills for unfortunate sol­ them in the Senate or out of it; and I am willing to be judged by them; diers because the Treasury is being robbed! but I am not willing to be judged by the interpretation of the Senator When the Senator speaks of men who agree on this subject taking ·from Illinois. When I want an interpreter of what my meaning c-r my money out of the Treasury to pay the soldier, it is not robbery. The position is I shall not seek for it in that quarter. only time the Treasury has ever been robbed in this Government was I only intended to express my opinion because the yeas and nays when those left it whom the soldiers brought back; and it comes in were called upon the pending amendment, and .to say that I intend to very bad grace from any Senator to talk about robbing the Treasury vote against the bill and against every proposition which proposes to by paying pensi:ons to unfortunate soldiers. I do not allude to this for increase the pensions of this country for the purposes named in the bill. the purpose of harrowing. up and arousing t.he feelings of any one; but Mr. CAMDEN. Mr. President, I was a Union man duringthe war, I do say that when men insinua.te that others are willing to rob the and at the close of it I was one of the very few Democrats who was Treasury to pay these soldif)rs they had better turn their attention left upon the registration roll of my State and allowed to vote because back a few years and see when the Treasury was robbed and by whom of the test-oath then required there. There is not a man who has a it was done. • more generous sympathy for the disabled soldiers of the Union than I Mr. SAULSBURY. 1\!r. President, I do not intend that the Senator h~ve. I should be willing to vote gener.ous pensions to every soldier • 1886. CONGRESSIONAL RECORD-SENATE . 4675

who was woti:nded or disabled in the war or whose disabilities resulted quested me to pair with him. · If he were here, I should vote "nay" from his service in the .Army. and he would vote "yea." But I think that our· bount;y should cease at that point. I ani not The roll-call was concluded. in favor of voting either service pensioris or other pensions to those who · Mr. BUTLER. I am paired with the Senator irom Pennsylmuia came out of the war uninjured and possessing all the vigor of constitu­ (.1\Ir. CAMERON]. tion with which they entered the .Army. The men who served in the ~ir. CAJ\.IDEN. I am paired with the Senator from Connecticut war of the rebellion are mainly still" young men or men in the prime [Mr. PLArr], who is urui.voidably absent from the Senate. of1ife. Mr. CONGER. The Senator from Te.x.a.s [.Mr. CQKE] requested me Mr. GEORGE. Will the Senator from West Virginia allow me to to announce his pair with the Senator from New York [~fr. EVARTS] interrupt him? on these questions. . Mr. CAMDEN. Certainly. _ 1\ir. HOAR. l\Iy colleague [Mr. D.a,.wES] is p:1.ircd with the Sena- 1\ir. GEORGE. I understand the Senator to say that be is opposed tor from Texas [~ir. ~Y]. · - to service pensions. Did he not vote for the Mexican pension bill last Mr. ALDRICH. I am paired wiih the Senator from Maryland [Mr. year, which was a service pension, and nothing else? GORMAN]. · Mr. CAMDEN. I think I voted against it. I know that I was op­ Mr. CHACE. I am paired with the Senator from !rbryland [Mr. posed to it. WILSON.] I Mr. GEORGE. I am·very sorry to hear that-yon did. oppose it. The result was announced-yeas 20, nays 21; as follows: Mr. CAMDEN. I voted in committee against it, and I do not hesi­ YEAS-20. tate to say here now that I voted against it in the Senate in the form Bowen, Hale, Manderson, Sewell, that it finally assumed. I was opposed then, and I am opposed to-day, Conger, Hoar, l\1iUer, Spooner, to service pensions to the soldiers of the 1\Iexican war for the very reason Cullom, ·Logan, Mitchell of Oreg., Van "\Vyck, Dolph, McMillan, Morrill, Voorbee~;~, that if we extend service pensions to the soldiers of the :Mexican war Frye, Jtlahone, Sawyer, Wilson of Iowa. at this time, it will be but a very short period until, upon the same N.A.YS-21. principle, service pensions will be granted to the soldiers of the late war. Beck, Eustis, Hearst, Stanford, Although the lapse of time will not be so great, it will be the prece­ Berry, Gibson, Morgan, \Valthall, dent which ·will establish a service pension to every soldier of this coun- Blackburn, Gray, Payne, Whitlhornc, try before three years·. . Brown, Hampton, Pugh, Call, Harris, Saulsbury, Ur.. GEORGE. Then I understand the Senator to say that heisop­ Colquitt, Hawley, Saerman, posed to a service pension to the soldiers of the Mexican war because ABSENT-3S. it may result in giving a service pension to soldie_:rs of the late war. Is Aldricl1, Dawes, .Jones of Flotida, J>lumb, that his idea? Allison, Edmunds, .Tone~ of Ne>ada, Ransom, . Blair, Evarts, Kenna, RiddJebergcr, M.r. CAl\IDEN. I will say to the Senator from Mississippi that there Butler, Fair, McPherson, Sabin, are ~xceptions to the rule, which I might concede if it was prudent or Camden, George, J.Iaxey, 'l'eller, expedient to d.o it at this time. There is a great difference between Cameron, Gorman, Mitchell of Pa., Vance, Chace, Harrison, Palmer, Vest, pensioning soldiers _forty•years after the service and pensioning soldiers Cockrell, Ingalls, Pike, WilsonofMd. twenty years after the service. In forty years after the service the Coke, .Jones of Arkansas, Platt, soldier has become an old man; ne may be in suffering or may be de­ So the amendment to the amendment was rejected. crepit; bn t a service pension to the soldier of the war for the Union The PRESIDING OFFICER. The question recurs on the amend­ -would be entirely a bounty on the part of the Government, and the -ment as amended. Go>crnment should have a discretion as to when it will ext.end that Mr. SAULSBURY. I desire to offer an amendment to come in at boonty, .and· in my judgment it ought not at this time to be extended the end of section 1. at all. Ur. HOAR. That is not in order now. We are not voting away otu own money; we are voting away the Mr. INGALLS. I understand the question now to be on the amend­ money of the people of this country; and the people of this country are ment offered by the· Senator from Nebraska [1\Ir. VAN WYCK] as composed three-fourths or almost nine-tenths oilaboring men. We amended. should place proper limits to the bounty that the Government should The PRESIDING OFFICER. That is. the pending question. extend in any and in all instances. Mr. INGALLS. I move to lay that amendment on the table. coun~ry There are in this engaged in agricultural pursuits, in round The PRESIDL~G OFFICER. The Senator from Kan as move~ to numbers, seven millions of people;. there are-in mines and manufactur­ lay the amendment upon the table. ing interests some four millions of people; there are in other laboring 1\ir. HAWLEY. Can we have that amendment read? pursuits about :five millions more people, making in the aggregate six­ The PRESIDING OFFICER. The Secretar_y will read the amend­ teen millions of laboring people, one-halfofwhom perhaps are less able ment. to make their own living, let alone contribute bounties to others, than The SECRETARY". It is proposed to add at the end of the :first sec­ the average of the soldiers who came out of the war 'uninjured. tion of the bill: Mr. LOGAN. The soldiers are nearly all laboring men themsehes. Providedfw·ther, That no pension paid under any law hereafter shall berated M.r. CAUDEN. I know they are, but we ate taring one class of at less than $4 per month. · laboring men in the interest of another class of laboring men. The PRESIDINGJ)FFICER. The Senator from Kansas moves to Mr. LOGAN. Oh, no; not at all. lay the amendment on the table. . · Jtir. CAMDEN. I appreciate the spirit of patriotism which go>erned The motion was not agreed to; there being on a division~ayes 15, those men in going into the .Army. I appreciate the spirit of patriotism noes 24. which has been displayed by our volunteer soldiers on every occasion The PRESIDWG OFFICER. The question recnl'S' o·n agreeing to when the country has demanded their services; but that spirit is not the amendment of the Senator from Neb.raska as amended. promoted by encouraging the idea of extraordinary compensation to The amendment as amended·was agreed to. ~ those men. You degrade the spirit of patriotism to one of pecuniary Mr. SAULSBURY. I offer an amendment to come in at the end of interest. · section 1. I believe, as I said before, that the Go>ernment owes it to every soldier The PRESIDIN"G OFFICER. The amendment offered by the Sena­ has who has been in its service and been disabled or wounded in that to~ from Delaware will-be read. service, or whose health has been impaired from that service, to grant . The CHIEF CLERK. It is proposed to add to the amendment just a liberal and benerous pension to him, but I think that our bounty agreed to the following proviso: ought to end at that point. And provided also, That no pa;>rment of any increase of expenditure for pen­ I shall vote ngainst all amendments looking to an increase of our sions under this act shall be made from the Treasury until p1·ovision shall be pension-roll, aud I shall vote against the· bill itself. • made by law to meet such increase of expenditure by a tax upon incomes spe­ The PRESIDING OFFICER. The question is on . ~grecing to the cifically applicable thereto. amendment of the Senator from Illinois [Mr. LOGAN] to the amend­ Mr. BLAIR. , I move to lay the amendment on the table. mentofthe Senator from Nebraska [Mr. VAN WY"CK] as amended, on The PRESIDING OFFICER. The Senator from New Hampshire -which the yeas and nays ha>e been ordered. moves to lay the amendment on the table. The Secretary proceeded to C'.all the roll. . Mr. SAULSBURY. I ask for the yeas and nays. Mr. JONES, of Arkansas (when his uamo was called). I am paired The yeas and nays were ordered; and the Secretary proceeded to call with the Senator from Indiana [Mr. HARRISON]. Hewas called away the roll. from the Senate, and I withhold my vote. Mr. ALDRICH (when his name was called). I am paired with the .Mr. 1\1cl\IILLAN (when Mr. SABIN 's name was c..'l.lled). My col­ Senator from Maryland [1\lr. GororAN]. If he were present, I should league [Mr. S.A.BrN] is paired with the Senator from West Virginia vote "yea." [Mr. KENNA]. Mr. LOGAN (when Mr. ALLISON's name was called). The Senator Ur. VEST (when his name was called). The Senator from Kansas from Iowa (Ur. ALLISON] requested me to announce a pair between [Mr. PLmrn] is engaged in 'the Committee on Appropriations andre- him and the Senator from Missouri [~Ir. COCKRELL). 4676 CONGRESSIONAL RECORD-SENATE. MAY 19; •

Mr. BUTLER (when his name was called). I am paired with the Mr. BLAIR. The second section, commencing in line 8, now reads: Senator from Pennsylvania [.Mr. CAMERON]. And such as may be found to be entitled to SB a. month under existing laws Mr. CAMDEN (when his name was called). I am paired with the shall receive in lieu thereof $12 a. month from and aiter the approval of this act. Senator from Connecticut [~Ir. PLATT]. If he were present, I should · I wish to insert after the word'" Jaws·," at the commencement of the vote ~~nay." . tenth line, the words "as modified by this section," this section being M:r. CHACE (when his name was called)._ ~am paired with the Sen- created to include another class. ator from Maryland [Mr. WILSON]. The PRESIDING OFFICER. The amendment will be stated. Mr. CONGER (when Mr. "COKE's name was called). The Senator The CHIEF CLERK. In section 2, line 10, after the word "Jaws," from Texas [Mr. COKE] is paired with the S~tor from New York it is proposed to insert the words "as modified by this section;" so as [Mr. . EV.ARTS]. ' . to read: l:fr. CONGER (when Mr. PALMER'S name was called). My col- .And such as·ma.y be found to be entitled to S8 a. month under existing laws as league [Mr. P .A.L:'IIER] is paired oil all these questions with the Senator modi!]ed by this section shall receive in lieu thereof $12 a month from and after from North Carolina [Mr. V .ANCE] .• If my colleague were present, he the approval of this act. would vote "yea." . The amendment was agreed to. Mr. VEST (when his name was ~'llled). I am paired with the Sen- 1\Ir. HOAR I moYe to amend, in the tenth line of the first section, ator from Kansas [Air. Pu:-~]. by striking out, after the word "own," the words "gross carelessness, The roU-ca.II was concluded. · disreputable conduct, or vicious habits," and inserting in lieu thereof Mr. McMILLAN. My colleague [Mr. SABIN] is paired with the the word "fault;" so as to read: , Senator, from West Virgini.'\ [Mr. KE.t"lN.A]. And who is or shall become disabled from any cause not the result of his own :Mr. HEARST (after having voted in the negative). I see that my fault, and shall also be dependent upon his own l~bor fo1· support·. colleague [Mr. STANFORD] is out of the Chamber,· and-it is under- Mr. BLAIR. I hope that amendment will be agreed to. stood that we are paired when either of us is away. So I withdraw The amendment was agreed to. my vote. 1\Ir.- LOGAN. In section 1, line 7, before the word "months," I Mr. HOAR. My collea~ue [Ur. DAWES] is paired with the Senator moYe to strike out the word "six" and insert the word "three;" so from Texas [Mr. MA:x;EY]. as to read: The result was announced-yeas 29, nays 15; as foSllpo , vnse:r, . · J Tluu-every person specified in the several clas cs enumemted in section 4693 of the Revised Statut'esof f.he United Stntes, and the amendmenta thereto, who YEAS-29: sen·ed in the military or r •.:wal .se ·vice, ns mentioned in said section, for the Blair, JTaJe, ' Manderson, · 0 0 period of t~re_e months durir;~ the '~ar of the rebellion, &c. Bowen, Harrison, Miller, Van 'Vyck, Brown, Hawley, l\litchell of Oreg., Voorhees, Mr. BLAIR. I hope that amendment will be accepted. Is the Sen- Conger, Hoar, Morrill, Waltha.IJ. afor from lllinois going to speak to it? Cullom, logalls, Payne, Wilson of Iowa. Mr. LOGAN. I was not going to say anythina: except that I know Dolph, Logan, Sawyer, ~h Frye, IcMillan, sewell, myself, of my own knowledge, numbers of men w o did not serve six George, Mahone, Sherman, months who wool~ be as'much deserving of a pension under thjs bill NAYS-15. as a man who served five years, for they were in battles, and in heavy Deck, Colquitt, Hampton, Pugh, battles. If they are not disabled they will not get any pension under Berry, Eustis, Harris, Snul~hury, the amendment I propose, and if they are disabled they are as much Blackburn, Gibson, Jones of Arkansas, 'Vhittbornc. entitled to a pension as· if they had serYed six months. CaJl, Gray, Morgan, Mr. BLAIR As this bill passed the Senate in the last Congress it · ABSENT-32. was precisely as it would be if amcnd.ed as moved by the Senato.r from, .Aldrich, Dawes, Kenna, Ransom, Illinois. Although the committee considered the matter and inserted Allison, Edmunds, McPherson, Riddlebergcr, Butler, EYarts, Maxey, Sabin. the words ''six months'' on deliberation, yet I know the fact to be that Camden, :Fair, l\Iitchell of Pa., Stanford, of the thi"ee-months men who fought the first battle of Bull Run and Cameron, Gorman, Palmer, '.reller, Chace, Hearst., Pike, Vance, who exhibited as gre~t patriotism certainly as any of our soldiet"S did, Cockrell, JonesofFlorida, Platt, Vest., bei,ng the very first to enlist, very many would be exCluded from the Coke, Jones of Ne\"ada, Plumb, Wilson of l\Id. pr9visions of this act unless the amendment be made. I have received So the amendment was laid' on the table. seYeral letters since the bill was reported from that class, and I hope • Mr. BLAIR. I ask at this time the consent of the Senate to haYe the amendment may be adopted. two or three merely verbal amendments made. In section 1, line 15, 1\Ir. HAWLEY. Nobody o~jects to it. after the word "disability," the words "and dependence" should be Mr. CULLO~I. We are all for it: inserted. The pension is made payable on two conditions, disability Mr. LOGAN. Unanimonsly. nnd dependence, and in that line the words "and dependence" have Mr. BLAIR. Very well, I will say no more. I thought some one been improperly omitted. I ask that the words be inserted. objected to the amendment. . The PRESIDING OFFICER. The amendment will be stated. The PRESIDING OFFICER. The question is on agreeing to the The CmEF CLERK. In section 1, line 15, after the word "disabil­ amendment of the Senator from illinois. ity," it is proposed to insert the words ''and dependence;" so as to read: The amendment was !lgreed to. And be entitled to receive a pension during the continuance of such disabil- Ur. BLAIR. In section 1, at the endoflinell, after the worcl "sup­ ity and dependence. · · • ~ · port," I move to insert the words· 1\-Ir. SHERMAN. If the Senator from New Hampshire will allow Or upon the contributions of others not legally bound thereto. me, by "the nse of the words " and dependence," in line 15, it will be So as to read: necessary, in iiqe 16, for him to change the word "thereof" to the And who is or shall become disabled f•·om any cause not the .result of his o'vn fault, and shall also be dependent upon bis own labor for suppo1:t, or upon the words "of such disability," so as to make !t good grammar and good contributions of others not legally bound thereto, shall upon making due proof sense. of the facts, &c. lt'Ir. BLAIR. That change should be made. I thank the Senator Those words are in the second section, and apply already to depend~nt from Ohio for the suggestion. parents, and unless they be placed in the first section the bill would be The PRESIDING OFFICER. 'l'heChief Clerk will state the amend- inoperative to those who are entirelydisabled,and who for that reason, ment suggested by the Senator from Ohio. ... • having been disabled for any length of .time, can not be said to be de­ The CHIEF CLERK. In section 1, line 16: it is proposed to strike out pendent .UPMexico f9r any period auring the years The highestl-ate of pension granted under this section, which shnll be fot· total 1&15, 1&16, 1&17, and 1&18, a.nd were honorably discharged, and their surviving incapacity to perform any manual labor, sh~ll be $24 per month. . widows, on the pension-roll, at the rate of $3 per month, from and after the pas· !!age of this act, during their lives. That the Secretary of the Interior is author­ The amendment was a~eed to. ized and directed to make such rules an~ regulations as are necessary to carry 1886. CONGRESSIONAL RECORD-SENATE. 4677

this act into effect: Provided, That where it shall appear that adischarge is lost, whooever it comes up. I made a speech here once in opposition to put­ secondary evidence may be permitted; and where it shall appear an applicant hns received a land warrant, that shall be sufficient evidence of an honorable ting amendments upon it, because I wanted each measure to stand upon discharg~ 1 unless the evidence shows that he procured it by fraud : And pro­ its own basis. .,ided jurmer, That this act sha.ll not apply to persons lMlder political disabili­ For that reason I shall vote against this amendment, although I shall ties. vote for the bill when it comes up asitis presented from the committee Mr. BUTLER. I ask for theyea.':! and nays on agreeing to the amend~ · or in some form or other, and in the best form that I can get it for the ment. benefit of those soldiers. But to put it in this bill, with the minimum Mr. CONGER. Let the latter clause be read again. to Union soldiers limited in the bill to $4 and the pension of the soldiers . The PRESIDING OFFICER. The Chief Clerk will read the latter oftheMexican war fixed at$8, Ido.notthinkwouldfitverywell;and I clause of the amendment. should not like to put the measures together in that shape; for if a man The Chief Clerk read as follows: who served in the Mexican war is entitled to $8 a month without any And provid~d jw · tl~r. That this act shall not apply to persons under political disability whatever, it seems to me that a man with disability who tlisabililies. . served in the Union Army is entitled to the same rate of pension. It Mr. BLAIR. M1-. President. waa on that principle that I offered my amendment. Therefore I shall Mr. BUTLER. I asked for the yeas and nays. Why not take a di­ vote against the amendment, or in favor of laying it on the table, if the rect vote? Senator from New Hampshire makes that motion. !fr. BLAIR. I want· to say just a word. I do not care to open any Mr. BLAIR. I make the motion to lay the amendment on the table. discussio:q., but I wish the country and the Senate to understand that Mr. BUTLER. I ask for the yeas and nays. the committee has reported the House Mexican pension bill, the precise­ The yeas and nays were ordered, and the Secretary proceeded to call measure which has been read at the desk as an amendment to this bill. the roll. . It is considerably modified it is true, but it is in the condition of a House Mr. BUTLER(when hisnamewascalled). I am paired with the Sen­ bill in the possession of the Senate, and in some form, r have no doubt, ator from Pennsylvania [Mr. CAMERO:N]. • Ifhew~re present, I should will be passed by the Senate; and the committee are disposed to act in vote "nay." the utmost good faith and with such celerity as the sentiment of the 1\Ir. CHACE (when his namewascalled). I ampairedwith theSen- Senate will permit them to do in pressing it for consideration. It has ator from Maryland [Mr. WILSO!f]. . _been reported in precisely the form in which it was passed by the Senate Mr. P ALMEU (when his name was called). I am paired with the in the last Congress. Senator from North Carolina [Mr. VANCE]. I think the Senate will wish to modify the bill as it came from the Mr. !ofcMILLAN (when Mr. SABIN's naJD,e was called). My col­ House considerably if they pass it. For instance, it requires no defi­ league [.Mr. SABIN] is paired with the Senator from West Virginia [Mr. nite period of servicew~atever as a condition for the paymentofwhat KENNA]. is a service pension purely, and there are other particulars in which the Mr. VEST (when his name was called). I am paired with the Sen­ bill was not satisfactory, I may say properly, perhaps, to the minority ator from Kansas [Mr. PLUMB]. members of the Committee on Pensions, or at least to some of them. The roll-call was concluded. . It was objected to. The House bill which was reported to the Senate Mr. ALDRICH. I am paired with the Senator from Maryland [Mr. comes here as much by the action of the minority members of that GoRMAN]. If he were present, I should vote "yea." . committee as the Illi\iority. The result was announced-yeas 23, nays 17; as follows: For my own part I am personally in favor of ~iving the soldie1'S . of YEAS-23: the Mexican war a service pension, although I have on former occasions Blair, Harrison, Mahone, Sewell, opposed it, but a majority of the comniittee decided that the bill should Conger, Hawley, Manderson, Sherman, Cullom, ~oar, Mille~:, Spooner, be reported in the form in which 1t ~mes to the Senate, which makes Dolph, Ingalls, Morgan, VanWyck, it a service pension absolute to all who are sixty-two years of age; and Frye, Logan, Morrill, Wilson of Iowa. ro those who are less than sixty-two years of age, in order that they Hale, McMillan, Sawyer, may receive the pension provi:ded, it is necessary that they shall prove NAYS-17. disability and deMndence in analogy to the provisions of the pending Beck, Eustis, Harris, Saulsbu-ry, ·Berry, George, Jones of Arkansas, Walthall. bill. Blackburn, Gibson, l'tlitchell of Oreg., _If this amendment should be placed upon the pending bill, or if the Brown, Gray, Payne, fate of the soldiers of the Mexican war should be made to depend upon Call, Hampton, Pugh, the fate of this bill, the Senator from South Carolina will himself see ABSENT~. that there is greater uncertainty as to the result of this measure than Aldrich, Colquitt, Kenna, Riddleberger, Allison, Dawes, McPherson, Sabin, if we deal with the House bill, which we may amend and simply send Bowen, Edmunds, l\Ia.xey, Stanford, back for concurrence in the amendments. This bill has yet to run Butler, · Evarts, Mitchell of Pa., Teller, the gauntlet of the House and of the Presidential action. Camden, Fair, Palmer, Vance, Cameron, Gorman, Pike, Vest, I think the Senator will himself after this statement perceive that if Chace, Hearst, . Platt, Voorhees, I should move ro lay his amendment upon the table it could not be said Cockrell, Jones of Florida, Plumb, Whitthorne, that I did so with any unfriendly feeling toward the class of men who Coke, Jones of Nevada, Ransom, Wilson of Md. would be affected by it. So the amendment was laid on the table. Mr. MILLER. But mther in.their interest. 1\fr. BLAIR. When the.discussion opened I gave notice that I would Mr. BLAIR. It is rather in their interest; and if the Senator from move to insert before the word· "labor," in the eleventh line of the South Carolina does not desire to say anything more, I will make the first section, at the top of the second page, the word ''manual; '' but motion to lay the amendment on the table. the discussion havingindicated, and my own understanding now being, Mr. BUTLER. I have nothing tosaywhatever in replytowhatthe that the language as it stands would be held to include persons disabled Senator has just stat~d. and dependent upon their labor, whether it was that of a teacher or a Mr. BLAIR. Perhaps the Senator will withdraw ~he amendment. physician or a clergyman dependent upon the exercise of his usual pur­ Mr. BUTLER. No, I shall not withdraw it; but if what the Sena­ suit in life, I will not make the motion to insert that word. I think tQr says is true, and I have no doubt it is true, the Senate Committee the bill ought to be construed, and as it stands will be construed to in­ · on Pensions having reported the Mexican pension bill which came from clude all who are dependent upon their usual avocation in life for the the House, and proposing to have action upon it as early as possible, it means of sustenance and whq are disabled. Therefore I withhold the will not in the slightest degree injure that measure by adopting the amendment. a.mendment I have proposed to the pending bill. Mr. INGALLS. Will the Senator from New Hampshire permit me Mr. BI1AIR. But it would injure this measure very seriously, and to make a suggestion in that particular? It is very clear to my mind might excite opposition w the passage of the Mexican pension bill. · that as the bill now stands no persons will be entitled to its benefits, Mr. BUTLER. No, I think very likely it would strengthen it. It should it become a law, except those who being disabled are dependent would in my estimation, I have no hesitation in saying, strengthen this upon their own manual labor for support. . I know of no reason why bill very much. • that rule should be applied. A man who has been a soldier and who Mr. BLAIR. The Senator will see that the Mexican pension bill is a physician or a clergyman or a lawyer or an editor or a merchant has reached the Senate and does not meet with adverse action from or a teacher, being disabled and dependent and unable to pursue his some who formerly opposed it. avocation, ought to receive the benefits of this bill exactly the same as Mr. BUTLER. It simply gives to the Mexican pension bill two a man who follows the plow or makes shoes or manufactures iron in the chances instead of one, and therefo1·e I shall insist upon a vote upon my forge. amendment. If the Senate voi;es it down, of course I shall have noth- I therefore suggest to the Senator whether he will not consent to strike ing to say. , · out the whole of line 11, which would certainly include all those who Mr. BLAIR. But it will injure this bill, and I trust my motion to are at present by a technical construction included and give the other lay on the table will prevail. I withhold the motion, however, as the people a chance; and-if he will not consent to that, whether be (loes . Senator from illinois wishes to speak. · · , not think it would be advisabletosubstitute for the-word "labor" the · Mr. LOGAN. Allow me to say just one word. I am a friend of the word "exertion j" so as to read: . Mexican pension bill. I have always voted for it, and I shall do so And shall also be dependent upon his own exertion for support. 4678 CONGRESSIONAL RECORD-SENATE. MAY 19,

M:r. BLAIR. If that is the best word to put there, I have no--objec- ·fifteen years prior to the late civil war and about forty years ago, have tion to the change. It occurred to me that "his usual avocation or not yet received service pensions. calling in life" would ·be better. Very large .numbers of the J\Iexi.can soldiers are dead, and those who Mr. INGALLS. Ishouldsayeither "exertion" or '"'effort." Either survive are mostly.becom.ing old and many of them decrepit. of these words would be a great deal more comprehensive than the I think while Southern Senators and Representatives have, as a rule, word· ''labor '' as it is understood in the common .acceptation of t.hat faithfully sustained measures for pensioning Union soldiers, Northern term and tJ1e legal acceptation as well. Therefore, if the Senator de- Senators and Representatives should consider with more liberality the sires to extend the benefits of this bill to all who are disabled and who claims of the soldiers against 1\Iexico. It is true, I believe, that a would be entitled tio claim, no matter what may be their pursuit in majority of them were from the Southern States, and that the South life, if he would use either of those two words he would include all would get part of the benefit if that act should pass. those that are now included and extend the benefits of the act prob- Those gallant meri were fighting the battlesofthisGovernmentagainst; ably to those who are now by the terms of. the act itself excluded. a foreign foe, and their gallantry and success added an empire of terri- Mr. BLAIR. If the Senator will move to insert the word "exer- tory to the Republic. Why, then, should we continue to decline to· . ti.on '' instead of ''labor," J: shall not oppose it. grant them pensions? · The PRESIDING OFFICER. Does the Chair nndeJ:Stand the Sen- When-forty years have passed from the commencement of the late . a tor from Kansas as offering an amendment? civil war, I have no doubt service pensions will be granted to all the :Mr. INGALLS. Yes, sir. In line 11 of section 1 I move to strike Union surviving soldiers engaged in it, possibly at an earlier period. I out the wor~ ''labor'' and insert the word '"' ·exertion;'' so as to read: trust'the soldiers against Mexicop1.aybe kindly and -justly dealt with .And shall also be dependent upon his own exertion for support. without further delay, and I do not think I -shall vote in future for further increase of pensions to Union soldiers until something just Mr. BLAIR. · There is no objection so far as I am concerned. and reasonable has been done for them. The PRESIDING OFFICER. The question is on the amendment And in:thi.S connection I desire to remark that the Government, in of the Senator from Kansas [Mr. INGALLS]. my opinion, owes the same duty to the soldiers who, at a still earlier The amendment was agreed to. period, fought our battles against the Indians. Mr. BROWN. Before the vote is taken .on this bill I desire to make There are in my State still some old men; the survivors Df the sol- a few remarks giving the reasons which will control my vote on its diers' who fought ·Our Indian battles. The number is comparatively final passage. small, and they are generally old and needy. I think provision should Mr. President, after the tenninationofthelateunfortnnate civil war, be made for them, and I trust Northern Senator.s and Representatives, when the Southern States composing the confederacy had been con- as well as Southern Senators and Representatives, will consider ma­ quered, the Government, standing in the capacity of victor, dictated turely the obligation which the Government.is under to them,_and see the terms upon which the Southern States oould resume their place in that full justice is done them. the Union with all the rights 'and privileges of States of the Union. Mr. HOAR. Mr. Pr~dent, I think the speech of the Senator from The So11thern people and Southern States accepted those terms, and Georgia [Mr. BRoWN] should not.pass without a statement of fact in whatever may be said of the terms, or of the delays which occurred, or connection with it. · · the evils of the reconstruction period, the terms were in fact accepted by The pension for the :Mexican soldiers would have· passed six or eight the Southern people, and the authority of the Government was re·estab- years ago if it were not for the fact that that side of the Chamber unan­ tablished with all the States as members of the Union: imously, with the ~xception of one or two Senators only, refused to In this state of things the Southern StateEtagain became a component accept a proposition .for pensioning those soldiers which contained a pro­ part of the Union, and the Southern people citizens of their respective vision that no pension should be paid to Jefferson ~avis. It was their Statesandcitizensofthe UnitedStates, withalltherigqts, privileges, and fault, not the fault of this side of the Chamber unless they expected liS immunities, and with all the duties and obligations of other citizens. to pension Mr. DaVis, that that hill did not pass at that time. Later The fourteenth constitutional amendment, which was assented to by the same Senators refused to accept a bill providing for pensioning the the Southern States, contains a provision that the validity of the debt soldiers of the Mexican war, which this side of.the Chamber was ready . of the United States, including debts incurred for the paymentofpen- to support, but which put them precisely on the footing on which the sions and bounties for services in suppressing insurrection or rebellion·, soldiers of the Revolution were placed for more than·forty years after the shall not be questioned. But neither the United States nor any State close of the Revolutionary war, and precisely on the footing that the shall assume or pay any debt or obligation iilcurred by insurrection or soldiers of the war of 1812'were placed down to 1873 or 1874, fifty-six rebellion against ~ United States or any claim for the loss or eman- or fifty-eight years after the conclu,sion of that war. . cipation of any slave, but all such debts, obligations, and claims shall The soldiers of the Revolution were required until nearly :fifty yeam be held to be illegal and void. after 1ts close to state in their application that the person applying wa'3 By _the terms of this constitutional amendment, agreed to by both iu need of a pension, ,and the general service pension treating age as a sides, it becomes the duty of the Southern people to act in the matter universal disability was not appliejl to the soldiers of the Revolution of pensions to Union soldiers precisely as they would haKe acted if they or to the soldiers .of the war of 1812 until a longer interval had passed had been on the Union side in the contest and the Union soldiers had since the close of that war -than has now passed since the close of the been their soldiers. In other words, Southern Senators and Represent- Mexican war. atives in Congress are bound to act toward the Union soldiers in mat- So that pension bill failed on account of the claim and demand from ters of pensions just as they would have acted if the Southern States that side of the Chamber, represented almost wholly by Southern Sen~ had been p.'ti't of the Union and fighting for the Union during the civil ators, that the soldiers of the M.ex:ican. war .should be put in a better strife, or just as we would act toward them ifthewar had been against condition than the .soldiers of the Revolution were placed in or than a fmeign power and they had been fighting the battles of the Govern- the soldieTs of 1812 were placed in. They elaimed, as some Senators ment. did, that it was a degradation to a soldier to' have to state in his a.ppli- Now, if I am correct in this view, as long as the people of the North- cation that he needed a pension. If it were a degradation, thenwehave ern Sta.tes, who were in the Union and .fighting for the Union during degraded the widows and dependent fathers and mothers of the solaie:.;s the contest, :(eelthatthereis still anything due the soldiers as pensions ..of the war of the Union; then we have degraded the soldiers of the war which has .not been paid by the Government, and as long as Northern of the Revolutionro1d the so~diers of the war of 1812. . tax-payers are content with the passage of laws increasing pensions, I T~ failure to :pe.nsion the soldiers of the Mexican war befure this time do .not think the people of the South cap. object. is due not to this side of the Chamber, not to thuepresentatives of the I have no doubt there are a great many tax.::payeiS in the Northern Northern States of the Union; it is due as a matter of history to the States who do .not approve the extent to which the Government has Senators who denied, first, that.apension bill wBichexcluded Jeff Davis gone in the matter of·pensions; but as the Northern constituencies con- should be passed by the representatives of this Government, and who tinue to send Senators and Representatives to Congress who, without afterward rejected a bill which placed- them on the same footing with regard to·party lines or party divisis:ms·, vote almost solidly for addi- . the soldiers of the war of the Revolution ahd of the war of 1812, and on tioruil pension bills, we have no right to conclude that the majority of the same footing with the widows and dependent parents of the soldiers the Northern tax-payers disapprove snch .action; .and it is reasonable to of the wnr for the Union. suppose if the .South had been in the Union at the time .and ~e Union Mr. GEORGE. l'!Ir. Pi-esident, the statement made by the Senator . Army had been considered :thej,r aTmy that they would have gone as from lfassachnsetts [Mr. HOAR] needs, I think, a little explanation. far in granting the soldiers pensions as the people of the Northern .As to the first bill to which the SenatoT alludes. I know nothing. . States would have gone. While, therefore, J: feel that we .are going "to I was not a member of this body at the time when it was discussed an extent the propriety of which is questionable, I. will yield .any and failed. doubt I may entertain as ro the wisdom and propriety of this-measure · As to the second bill, if my recollecti(m is not at fault, the Senate ..and give the benent of the douhtinitsi'avor as long astherepresenta- passed a bill, as stated by the Senator from Massachusetts, which was -tives of both politica-l pa:rties North are .almost solid in their support. not wholly .consistent with the position -assigned by him to Senators And believing that to be trn.e in the present instance, I expect -to vote <>n this side. · for the bill. But before I take my seat I desire to .remark that.our Mr. HOAR. The Senator will pardon me for saying that the bill to soldiers who served in the war against ""e.:rico, which oocu:r:red nearly which I referred as the secona bill, to which I suppose he is now com- CONGRESSIONAL RECORD-· SENATE. . 4679

ing, was the measure which was in charge of the late Senator from have the oppo.rtunity of discussing it as an independent measure for ·Kentucky, General WilliamS. future consideration. I wait for a reply. Mr. GEORGE. I refer to that bill. The failure of that bill was not · Mr. BLAIR. :rtf.r. Pxesident, the Senator as well as the Senate is wholly due to the action of Senators on this side of the Chamber. In aware that the cllairman of the committee, nearly three months since, the first place, I remember very well that both my then colleague, Mr. I think, was by reason of ill health obliged to·leave the city, and since Lamar, and myself were advocating and supporting t~ bill in the shape that time has been either at his home or in a neighboring city formed­ in which the Senator says it was distasteful to this side of the Chamber. ical treatment, and in his absence I hn.ve, as well as I could, acted as In the next place, if I am not very much mistaken (and if I ami shall chairman and helped to' get on with the business of the committee as be glad to be corrected), the distinguished Senator from Illinois [Mr. rapidly as ! ·could. _ LoG.AN] made the same objection to what was then denounced as the In.regard to the particular bill that the Senator from Kansas refers pauper clause of that bill as was made by General Williams, the Sen­ to, I remember on four occasions I ha-ve brought that bill to the attention ator from T(!x:as [Mr. MAxEY], and some other Senators on this side. of the committee, being myself anxious that the bill should be acted The Senator from illinois nods assent to_that propQsition. I was will­ -upon favorably, if at all. The conditions were such on the first t'bree ing, and my former colleague was .always willing, to accept the pen­ of these occasions that I felt that perhaps the ultimate interest of tne sioning of the Mexican war soldiers upon the basis finally assumed in the measure would be conserved by avoiding action by the committee for bill to which the Senator from Massachusetts has alluded. I believe the time beinO' at least. When the Senator from illinois offered the that if it had not been for the great weight and large influence of the motion, about"'two weeks since, in the Senate that the Committee on· Senator from Illinois, notwithstanding the objections urged upon this Pensions be requested to report that bill there was no action by the • side of the Chamber, that bill might have passed. Senate which emphasized its anxiety for a report. As I recollect, the · And now one word more. I intend to vote for the bill-now before attendance was thin, and while there was no opposition there were bnt the Senate. I shall vote for it under no coilstraint whatever. I shall one or two votes in favor of the passage of the resolution. But still it vote for it cheerfully, and because I believe it to be my duty as an was a resolution of the Senate, and a

-. 4680 CONGRESSIONAL RECORD-SENATE.

Mr. HOAR. I did not understand the Senator from·Georgia 'o imply the Honse of Representatives will bring in a tax measure of a certain any censure upon anybody, and I did not make any remarks with the character. · view of repelling any censure or making any on my side; but there· is Mr. VEST. If the Senator from Mississippi will point out one line a great misunderstanding in some portions of the country, which I have or syllable or letter of this amendment which provides for any appro­ seen myself the evidence of very extensively in the press, and in letters priation or the creation of any tax. then I should certainly apologize to from M:exican veterans, and in the reporlB of meetings of such veterans, him in the most public and ample manner, but this is simply a condi­ more particularly in the South, in regard to_that matter. Itshould be tion which may arise in the future or may not. If the Honse of Ren­ distinctly understood by the country and by the Mexican war soldiers, resentatives sees proper to' originate an income tax hereafter, then this 1irst, that a. veteran of the Mexican war receives to-day, and has been amendment would become operative. Until the Honse of Representa­ able to receive ever since a brief period after the close of that war, a tives does it under the Constitution and according to law, then the pension upon terms which would give it to any soldier in any other amendment is inoperative, and that is the whole of it. war. There is no condition which would enabJe a soldier of the war Mr. VOORHEES. I wish to say a single word. I shall not be charged for 'the Union or a soldier of the war of the Revolution or of the war with taking up much of the time of the Senate. of 1812 to obtain a pension which being applicable to a soldier of the I voted against the amendment offered by the Senator from Delaware. Mexican war would not give him a pension. I do not think that is I voted to lay it on the table, beeause I knew that a vote in favor of generally understood. that amendment was-a vote against this bill. I do not believe there is It is further true that but for the oojections I stated, which came the remotest probability at this time of the House of Representatives almost wholly from Senators from the South, though one or two North­ originating or Congress passing an income tax.; and consequently the ern Senators may have shared them-I do not think the Senator from proposition that this bill should be non-effective until such a law is lllinois was one so far as to object to the bill on the ground which I enacted to my mind would be giving a vote which I have at no time stated or to express himself in favor of so doing-every survivor of the intended to give on this matter. Mexican war would have been pensioned long ago whose circumstances Now, a single word on the subject of the income tax, so that I may were such as to :mn.ke him need a pension. I wanted to have that nn:- not be misunderstood. I voted for the creation of the income tax in derstood by the country. · · the other House of Congress a good many years ago, and I was one of Mr. GEORGE. I desire to call the attention of the Senator from the few who voted againstits repeal when itdisappearedfrom the stat­ Massachusetts to the fact that, if I am not mistaken, the Mexican pen­ ute-book. I remember that nearly everybody was stampeded by the sion bill to which he refers was never put on its passage in this bo~y difficulties of collecting an income tax, and the cogent and somewhat as a Mexican pension bill. peculiar argument in favor of its repeal was the enormous amount of Mr. HOAR. That bill was in charge of a late Senator from Ken­ perjury which men committed to avoid the payment of an income tax. tucky, whom we all remember with respect, General Williams, him­ I believe in a tax on incomes. I believe it is an honest method of rais­ self a veteran of that war and a veteran on the confederate side in the ing revenue, and I think I would be, upon a fair proposition coming late war; and General Williams knew very well that the Republican forward in a legitimate way, for a well-regulated income tax, and tak~ side of the Senate were ready to pass his bill if the same condition were thechancesfor the loss ofsoulsby peijury in tryingtoevade it, whicli attached to it which was attached to..the pension bill for the soldiers of seemed to be the great argument at the time of the re:Peal in favor of the Revolution; and while he did not bring it up for a vote, he did its repeat · make speech after speech upon the subject in which he rejected that This much I desired to say, and no more. modification. · The bill was reported to the Semite as amended, and the amendments 1\Ir. GEORGE. This is the fact about that, if I am not mistaken, made as in Committee of the Whole were concurred in. that after those objections were made by the Senator from Illinois [Mr. The bill was ordered to be engrossed for a third xeading, and was LOGAN] and by Senators on this side the bill was then amended by at­ read the third time. taching to it something like the present bill now before the Senate. Mr. BECK. I ask for the yeas and nays m:i. the p~ge of the biJ.l. .Mr. HOA.R. And then it passed the Senate? The yeas and nays were ordered; and the Secretary proceeded to call l'llr. GEORGE. And the bill as thus amended passed this body. the roll. Mr. HOAR. That is true. :Mr. ALLISON (when his name was called). For this day I am paired .Mr. VEST. Mr. President, I wish to say a word not in the way of with the Senator from Missouri [Mr. CocKRELL] and have been paired general debate, for I have said all I propose in that line, but I want to with him on all the amendments on which we have voted to-day. I notice a remark of the Senator from Mississippi. should vote for the passage of the bill if he were present. ' I voted for the amendment of the Senator from Delaware, as did mariy Mr. BUTLER (when his name was called). I am paired with_the gentlemen on this side of the Chamber. I did not for a moment think Senator from Pennsylvania [Mr. CAl\:I:ERON]. . · . that any constitutional question as to the origination of a revenue meas­ Mr. CHACE (when hisna'mewa.scalled). I am paired with the Sen­ ure was involved in that amendment, and I say now such question can ator from Maryland (Mr. WILSON]. not be possibly involved. The language of the amendment is as fol­ Mr. COKE (when his name was called). I am paired with the Sen­ lows: ator from New York [Mr. EvARTS] on this bill. If he were h~re, I Provided, That no payment of any increase of expenditures for pensions under should vote "nay." this act shall be made from the Treasury until provision shall be made by law Mr. COLQUITT (when his name was called). I am paired wit}). the to meet such increase of expenditure by a tax upon incomes specifically appli­ Senator from Colorado [Mr. TELLER]. If he were present, I shblild cable thereto. vote "nay." A.s a matter of course the originating of this income tax would come Mr. DOLPH (when his name was called). I am paired on this vote from the House of Representatives; but this amendment simply goes to with the Senator from Alabama [Mr. PUGH]. I would. vote" yea," if the extent of providing that until, according to the Constitution, the at liberty. . income tax shall be created, these pensions shall not be paid. If by Mr. CONGER (when the name of !'Ir. EvARTS was called). The Sen­ any sor~ of forced construction that can be held to announce the doc­ ator from New York [:Mr. EVARTS] is paired with the Senato1· frotll trine that the Senate can originate a revenue bill, I confess I do not un­ Texas [Mr. CoKE]. If he were present, the Senator from New York derstand the force of the English language. would vote for this bill. Mr. HARRIS. Is there any tax imposed by the amendment? Mr. HARRIS {when his name was called). Upon all questions con­ Mr. VEST. Not a bit; that is a matter subsequent and to be regn-. nected with this bill I am paned with the Senator from Vermont [Mr. lated by law. EDMUNDS]. If he were present, I should vote "nay," and I imagine Mr. HARRIS. Of course. he would vote "yea.!' Mr. GEORGE. By the very few remarks I made I did not expect Mr. HEARST (when his name was called). I am paired with my to get up a debate on a constitutional question; but as the Senator colleague [Mr. STANFORD]; but I do not know how he would vote on from Missouri has denied the correctness of my position I will respond this bill. to his statement, I think very satisfactorily. Mr. BLA.IR. I have no doubt he would vote for the bill. The Constitution of the United States provides that all bills to mise .Mr. HEARST. If I were at liberty to vote, I should vote "nay." money shall originate in the Honse of Representatives. That gives Mr. SPOONER (when the name of Mr. MITCHELL, of Pennsylvania, the House of Representatives the exclusive right of the initiation of was called). I have been asked to announce that the Senator from money bills. Now -for this body in a bill passed by it making an ap­ Pennsylvarua [Mr. MITCHELL] is paired with the Senator from Florida propriation which the amendment itself assumes to be a proper one, to [MI·. JoNES], and to state that if he were pre.."!ent, the Senator from limit that appropriation, to say it shall not take effect unless the Honse Pennsylvania ;would vote "yea." · «>f Representatives shall originate a proposition to raise a tax in a cer­ Mr. P A.LMER (when his name was called). I am paired with the tain way, it seems to me is an attempt upon the part of the Senate to Senator from North Carolina [Mr: VANCE]. If he were here, I should coerce the Honse of Representatives into the origination of a tax. law. vote ''yea." It may not be strictly a violation ofthe Constitution of the United States, Mr. HAWLEY(whenMr. PLATT'snamewascalled). M~colleague but it is a violation of its spirit. It is not within the power of this [Mr. PLATT] is paired with the Senator from West Virginia LMr. CAM- body in the discharge of a' public duty, as that amendment admits the DEN]. My colleague, if present, I suppose would vote "yea." · pa.~ge of this bill to be, to say it will not discharge that duty unless Mr. McMILLAN {when Mr. SABIN's name was called). llfy col-

.. 1.886. CONGRESSIONAL RECORD-SENATE. 468"1

league [Mr. SABIN] is absent, and is paired with the Senator from West tions with the Senator from New York [Mr. EvARTS]. If he were here, Virginia [Mr. KENNA]. If my colleague were here, hewould votefor I should vote "yea." the bill. · Mr. HARRIS (when his name was called). I am paired with the The roll-call was concluded. Senator from Vermont [?tfr. ED::\IUNDS], and withhold my vote. Mr. DAWES. I am paired with the Senator from Texas [Mr. The roll-call was concluded. MAXEY]. Ifhe were here, I should vote "yea." M"r. VEST. I announce my pair with the Senator from Kansas [Mr. Mr. COCKRELL. I vote "nay." I desire to announce that the PLU.MB]. Senator from Iowa [Mr. ALLrso~] and myself were paired upon the Mr. ALLISON {after having voted in the negative). I voted, but last two y~and-nay calls. am paired with the Senator from Missouri [Mr. CocKRELL]. He de­ Mr. ALLISON. I vote "yea." . sires an executive session, and therefore I withdraw my vote. Mr. BLAm. I desire to announce that my colleague [Mr. PIKE] is Mr. EUSTIS. I am paired with the Senator from Illinois [Mr. absent from the Senate on accoui1t of sickness. If present, he would CULLOM]. - vote for the bilL The result was announced-yeas 14, nays 26; as follows: The result was anilounced-yeas 34, nays 14; as follows· YEA8-14. YEA8-34. Beck, Call, Hampton, Walthall, Sewell, Berry, Colquitt. Hoar, Whitthome. Aldrich, Gibson, :Mahone, Blackburn, George, Jones of Arkansas, Allison, Hale, Mandet·son, Sherman, Riddleberger, Blair, Hampt<>n, Miller, Spooner, Brown, Gibson, Bowen, Ha.rnson, J'tiitchell of Oreg., VanWyck, NAY:3-26. Erown, Hawley, Morrill, Voorhees. Aldrich, Grny, Miller, Sawyer, Conger, Hoar, Payne, Walthall, Butler, 1Iarriso:1, Mitchell of Oreg., Sewell, Cullom, Ingalls, Plumb-, · Wilson of Iowa.. Chace, Ingalls, Morgan, Sherman, Frye, Logan, Riddleberger, Conger, Logan, 1\Iorrill, Spooner, George, McMillan, Sawyer, Dolph, McMillan, Palmer, 'Vilson of Iowa. · NAYB-14. Frye, Mahone, Payne, Gorman, :1\fanderson, Saulsbury, Deck, Cockrell, Jones of Arkansas, Vest, Berry, Eustis, McPherson, 'Vhitthorne. ABSENT-36. Blackburn, Gorman, Morgan, AIJison, Edmunds, Jones of Nevada., Ran san, Call, Gray, Saulsbury, Blair, Eustis, Kenna, Sabin, ABSE..."'T-28. Bowen, Evarts, McPherson, Stanford, Camden, Fair, 1\Iaxey, Teller, But.ler, Dolph, Jones of Ne:vada, Pugh, Cameron, Hale. Mitchell of Pa., Vance, Camden, Edmunds, Kenna, Ransom, Cockrell, Harris, Pike, Van 1Vyck, Cameron, Evarts, Maxey, Sabin, Cok<>, Hawley, Platt, · Vest, Chace, Fair, Mitchell of Pa., Stanford, Collom, Hearst, Plumb, Voorhees, Coke, Harris, Palmer, Teller, Da w~s, Jones of Florida~ Pugh, Wilson of !1d. Colquitt, Hearst, Pike, Vance, Dawes, Jones of Florida, Platt, Wils<>n ofMd. So the n10tion was not agreed to. · So the bill was passed. Mr. HARRISON. I move that the Senate do now adjourn. On motion of Mr. BLAm, the tiLle was amended by striking out Mr. WILSON, of Iowa. I ask the Senator to withhold that for a " six months '' and inserting '' three months.'' .moment. The PRESIDENT pro te1npore. The Senator from Indiana moves AMENDMENT TO RIVER AND HARBOR BILL. that the Senate do now adjourn. Mr. . PAYNE submitted an amendment intended to be proposed by Mr. HARRISON. I withdraw the motion if the Senator from Iowa him to, the river and harbor appropriation bill; which was referred to will renew it. · the Committee on Commerce, and ordered to be printed. · GEORGE W. CRA)ffiL.ETT.

SYSTEM OF BANKRCPTCY. Mr. WILSON, o~Iowa. I merely wish to make a request. Yester­ The· PRESIDENT lJro tcrnpore. The Chair lays before the Senate day the bill (H. R. 6000) granting a pension to George W. Cramblett the next special orda., which is the bill (S. 714) to establish a uniform was reported adversely from the Committee on Pensions and indefinitely system of bankruptcy throughout the United States. postponed.' I ask unanimous consent that that -vote may be reconsid­ 1\ULITARY ACADE::\IY APPROPRIATION BILL. ered and the bill placed upon the Calendar. The P.fiESIDENT pro tempore. The SenatOr from Iowa moves that Mr. LOGAN. I ask leave to make a report- the vote indefinitely postponing the bill named by him be reconsidered, ?tfr. SEWELL. I ask leave to take up the next two bills on t\le Cal­ and that it be placed on the Calendar. Is there objection? The Chair · endar, which relate to .,pensions. · The PRESIDENT pro tempore. The Senator from illinois was recog­ bears none; tnd the bill will be placed on the Calendar with the ad­ nized. verse report. Mr. LOGAN. I am instructed by the Committee on Appropriations, 1\IJLITARY ACADEl\IY APPROPRIATION BILL. to whom was referred the bill (H. R. 5886) making appropriations for Mr. LOGAN. Now I desire to have the appropriation bill read. the snpport of the Military Academy for the fiscal year ending June The PRESIDENT pro tempm·e. The reading of the bill will be pro- 30, 1887, to report it without amendment. I desire to have that bill ceeded with. . acted on now. I will state to the Senate that there is not a change in The Secretary read the bill (H. R. 5886) making appropriations for it as reported. We have taken the bill precisely as it came from the the support of the Military Academy for the fiscal year ending June House of Representatives and reported it, and I do not desire to take 30, 1887. • . up the time of the Senate to explain it. I will only say that it is a Mr. HOAR. I understand that this bill only displaces· the bank- reduction of some $12,000 from last year's bill. There are some things ruptcy bill informally. It is not a laying aside of it. in it I would amend if it was left to ~e; but the committee thought Mr. LOGAN. It will not take ten minutes to pass this. it best to report the bill as it came from the House, inasmuch as there Mr. HOAR. It will be so understood by the Chair. is nothing very material that we would desire to change. The PRESIDENT pro tempore. 'l'he Chair will lay before the Sen­ The PRESIDENT pro tempore. Pending the special order, the Sen­ ate the bankruptcy bill prior to the close of the day's session. ator from Illinois asks unanimous consent that the Senate proceed to Mr. BECK. I ask the Senator from Illinois when this bill was con­ · the consideration of the bill just reported. Is there objection? The sidered in committee? I thought I attended every meeting. Chair hears none, and the bill (H. R. 5886) making appropriations for Mr. LOGAN. It was considerM the other day in your absence. the support of the Military Academy for th~.fiscal year ending June30, Mr. BECK. I beg pardon; I was absent. My colleague on the - 1887, is before the Senate as in Committee of the Whole. It will be committee-from Maryland [Mr. GORMAN] tells me he never heard of read. it, and I never heard of it. We had no notice about it. Mr. RIDDLEBERGER.. I move that the Senate proceed to the con­ Mr. ALLISON. -The Senator from Maryland [Mr. GoRMAN) will sideration of executive business. bear in mind that I stated to him about it and he gave his assent to it, The PRESIDENT pro tempore. Pending the reading of this bill the though he was not present when it wa-s considered in committee., It Senator from Virginia moves that the Senate proceed to the considera­ was rather informally considered, I agree. If there is any objection tion of executive business. to it I trust the Senator from Illinois will give these gentlemen an op­ M:r. LOGAN. I hopa not. We shall get. this bill through in ten portunity to investigate it. minutes. Mr. LOGAN. Certainly; I have not the slightest objection to the bill The PRESIDENT pro temp01·e. The question is on the motion of the being recommitted to the committee if anybody desires it. It was sub­ Sen·ator from Virginia. [Putting the question.] The noes appt>ar to mitted to a subcommittee; we considered it; the subcommittee agreed have it. . to it, the Senator from Florida [Mr. CALL] being one of them. He Mr. RIDDLEBERGER. I ask for the yeas and nays. said that whatever the x;est of us agreed to would be satisfactory to him. The yeas and nays were ordered; and the Secretary proceeded to call So I reported the bill back. We agreed to the bill exactly as it came the roll. . from the House, and I was instructed to report it, and I have done so. Mr. COKE (when his name was called). I am paired on all ques- If there is any desire to have the bill1·ecommitted _I have no ohjection. 4682 CONGRESSIONAL RECORD-HOUSE. MAY 19,

~Ir. BECK. I do not desire to have a recommittal of the bill; ~ut clerk of the Court of Claims transmitting a copy of the order and find­ calling up a bill at twenty minutes to six and putting it through With- ings of fact in the case of Robert Smith vs. The United States; which out a word of explafiation is not usual . was referred to the Committee on War Claims. ~Ir. ALLISON. I hope the Senator from Illinois will have the bill SENATE BILLS REFERRED. recommitted to the Committee on Appropriations. The SPEAKER also laid before the House the following Senato bills; Mr. LOGAN. I will do so. I move that it be recommitted. 1 have which were severally read a :first and second time, and referred as fol- prepared a written report. Mr. BECK. ·If the report is read, I shall be content; lows: · . . d The bill (S. 12) to authorize the juries of the Unj.ted S~tes ~ucwt~n lli. LOGAN. I intended to ha>e it read after the bill was read. I district courts to be used interchangeably, and to proVIde for drawmg .have a written report and statement sh?wing every dollar _expended talesmen-to the Committee on the Judiciary. last year and this year, and a comparative stateme~t showmg every­ The bill (S. 127) for the relief of H. K. Belding-to the ~mmittee on thing there is in the bill, which I intended to put m ·the RECORD so Claims. . that everybody could see it. · Joint resolution (S. R. 48) authorizing Rear-Admiral J. W.A. Nich­ Mr. BECK. The reason why I made the inquiry was that the Sen­ olson to accept a medal conferred upon him by the King of Sweden and ator from Connecticut [Mr. ILA.WLEY] and myself were on the b~a~d of visitors last year and we made quite a number of recommendations Norway-to the Committee on Naval Aff~irs. . Joint resolution (S. R. 18) for -the rehef of th_e Kansas C~ty, F~rt in our written report of changes and improvements which ought to be Scott and Gulf Railroad Company--=-to the Comnnttee on PaCific Rail- made, some of which I desire to call attention to. They were sub­ roads. · . mitted quite elaborately and the reasons for them were presented at The bill (S. 2135) to compensate Isaiah W. Lees and H. H. Ellis,. of length. I did not know whether they were in~luded in this bill or San Francisco, for services rendered the Government-to the Comnnt- not; rind I desire to hear the ~eport read, because if they are I am con- tee on Claims. · - · · · tent. . The bill (S. 1587) in relation to the trustees of th~ R~orm Sqhool _of Mr. LOGAN. I move that the bill be recommitted to the Commit- the District of Columbia-to the Committee on the DIStrict of Columbia. tee on Appropriations. · The bill (S. 1577) to amend the third section of an act e~titled "An The motion was agreed to. _ act to provide for the sale of the Sac and Fox and Iowa Indian -reserva­ Mr. GOR}1AN. Iask,leave to say one word on this subject, as lam tions in the States of N ebrask::J,'and Kansas, and for other purposes," on the com1hittee. appr~ved March 3, 1885-to the Committee on Indian Aff~~· . It has been stated to the Senate that I had not remembered the fact The bill (S. 1568) to authorize Commander John W. Philip, Uruted of this bill having been considered in _committee. I did make th;at re­ States Navy, to a-ccept·a silver pitcher ~om the Governm~t of the mark. I had no recollection at the trme, however, that the ~harrman United States of Colombia-to the Comnuttee on Naval AffairS. of the committee had called my attention to the fact that the bill would The bill (S. 1422) to amend the law relating t;o the bonds o! ~ecu­ be reported as it came from the H?use. I now !emember that. tors of the District of Columbia-to the Comnuttee on the DIStnct of Mr. LOGAN. I ask that the bill be recommitted. . · Columbia. Tbe PRESIDENT pro tempore. It has been already recomm~tted. The bill (S. 1393) to extend the limitS of the port of Portland as a Mr. RIDDLEBERGER. I now move that the Senate proceed tothe port of entry-=-to. the Committee on Commerce. . • . . consideration of executive' business.· · The bill (S. 1339) to amend the police regulations of _the D1Btr1ct of Mr. CONGER. Pending that motion, I move that the ~enate ad- Columbia-to the Committee on the District of Columbia. journ. . . . The bill (S. 990) to enable .the ~tate of 9alifornia to take ~~ds in Mr. RIDDLEBERGER. I ask if mine is not a motion that has pn­ lieu of the sixteenth and thirty-SIXth sections found to be mmeral ority? It may not, of course, when I make iti I ,:understand that per­ lands-to the Committee on the Public Lands. fectlywell, especially when the Senator from Michigan proposes tQ make The bill (S. 976) for the relief of certffin officers of the Signal Service- any other motion. to the Committee on Claims. · The PRESIDENT pro tempore. Pendin~ a motio~ to PI"?ceed to tJ;te The bill (S. 365) for the relief of Uartin L. Bundy-to the Commit­ consideration-of executive business a motion to adJourn IS always m tee on War Claims. ~~ } The bill (S. 129) authorizing the Secretary oft\Var to adjust and set­ lli. RIDDLEBERGER. I then withdraw my motion, but I s~o~d tle the a~count for arms, ammunition, and accouterments ~etween t~e like if the Senator from Michigan would a1low me, to have pernuss10n Territory of Montana and the United States-to the Com.1mttee on Mil- to state just now that my object in making the motion is thAt the Sen­ itary Affairs. · ate shall understand that I do it at a time when noboqy can object to it except some one who wants to go to dinner. REPORTS OF THE SOUTH AMERICAN COMl\IISSION. The PRESIDENT pro tempore. It is moved that the ~te adjourn. Th~ SPEAKER also laid before the Hou8e a concurrent resolution The motion was agreed to; and (at 5 o'clock and 41 mmutes p. m.) for the printing of 15,·ooo additional copies of the reports of_the South the Senate adjourned until to-morrow, Thursday, May 20, at 12 American Commission, Executive J?ocument No. 226, Forty-eighth