1889'.. CONGRESSIONAL 'RECORD-HOUSE;_
PRO:MOT!{}NS IN THE ARMY. It seems that this claimant enlisted just at the close of the war, and was con-! nected in a manner with the Army for four months. It is not probable that h Alfred Hedberg; late captain Fifteenth Infantry, to be captain, to ever saw any actual service, for none is stated in the papers before=~; and it. does appear that he spent a large part of his short term of enlistment in hos'!. tank from the date of his assignment tmder the act, vice Whittemore, pitals and under treatment for a trouble with his eye, As early ae May23, 1865, promoted to the Tenth Infuntry. he was admitted to hospUal with gonorrheal ophthalmia.. His claim was: r~ First Lieut. John_ W. Summerhayes, regimental quartermaster, jected by the Pension Bureau on the ground that this- was the cause of l}is d..i ability, and. the inferences from the proof presented-make thls: extremely proD-, Eighth Infantry, to be assistant quartermaster with the rank of cap able. tain, February 25, 1889, vice Hoyt, nominated for promotion: Onaof the witnesses who testified that the beneficiary caught cold in his eye Maj. William B. Hughes, quartermast-€r,. to be deputy quartermaster in April, 1865, on_ the Mississippi River, is shown to have been at that time with his regiment and company ~t Dam·ille, Va. f general with the rank of lieutenant-colonel, February 15, 18~9, vice The circumstances surrounding this case and the facts proved, satisfy me that ' Card, retired from active service. the determination of the Pension_ Bu-reau was correct, and there is certainly no Capt. Charles H. Hoyt, assistant quartermaster, to be quartermaster sentiment in favor of the claimant which justifies llie indulgence of viOlent p.re-l sumptions for the purpose of overriding such dete.nnin.ation~ 'With the rank of major, February 15, 1889, vice Hughes, promoted. GROVER CLEVELAND. Te1~th R egiment of Inja1rlt7J. EXECUTIVE 1\f.L..,SION, Februru11 23,1889. Capt. Edward W. Whittemore, of the Fifteenth Infantry, to be major, JOHN M'COOL. February !5, 1889-, vice Hawkins, promo~d to the Twenty-third In The SPEAKER also laid before tlie House the following veto message, fantry. , of the President of the- United States; which was read, and, with the Eigllieenlh Regiment of Infantry. ' accompanying bill, referred, on_ motl,on of M.r. MATSON, to the Com- Lieut. CoT. Henry M. LazeTie, of the Tw~nty-third Infantry; to be 1 mittee on Invalid Pensions, and ordered to be printed: colonel, February 17, 1889, vice. Yard,. deceased. . To tlte House of Representativ.es: Tweniy-tki1·d Regiment oj'hifantry. 'r retum without approval' House bill No. 5807, entitled ''An_ act granting-a pension to John McCool." I lUaj. Hamilton S. Hawkins, of the Tenth Infantry, to be lieutenant- · This beneficiary served in an Iowa regiment of volunteers from 1\lay 27, I861, colonel, February 17, 1889, mce Lazelle, promoted to Eighteenth In to July 12, 1865. j He filed a petition for pension, alleging an accidental wound in the rig4t fantry. thumb while extracting a cartridge from a pist-ol in August, 1861. There-is no PROMOTIONS IN THE NAVY. record of any such disability, though it appears that he was on a furlough about 1 the date of his alleged injury. It appears that he served nearly four ye:us after Lieut. Frank F. Fletcher, junior grade, a resident of Iowa, to be a the time he fixedaa the date of his injury. lieutenant in the Navy, from the 19th of February, 188.9 [subject to No evide.nce was filed in support of the claim. he filed, and he refused to ap pear for examination, though twice notified to do so. the examinations required- by ln.w], vice Lieut. L. P. Jouett, dis His claim was rejected in 1\Iay, 1888, no suggestion having been made of any ~barged from the naval service, in conformity with the act of Congress other disability than the wound in t-he thnmb., upon w-hich hu[cJ.a-im befor~ the approved 5th of August, 1882, not having been recommended for pro· bureau was based. . The report of the committee in. the House of Representatives: recommending motion. the passage of this bill contains no intimation that there exists any disability Ensign Percival J. Werlich, a resident of WISconsin, to bear lieuten contracted in the military service, but. distinctly declares the pension recom ant, junior grade, in the Navy, from the 19th of. February, 1889, vice mended a service pension, and states that the beneficiary; is blind. , As long as the policy of granting pensions for disability traceable to the inci- . Lieut. F. F. Fletcher. junior grade, promoted. dents-of Army service is adhered_ to, the allowance of pensions by special acts Passed Assistant Engineer David Jones, a resident of Pennsylvania, based· upon service only gives ri:se to unjust and uniair dis.criminations among 1 to be a chief engineer in the Na-vy, from the 9th of January, 1889, vice those equally entitled, and makes precedents which willeventuallyresultinan entire departure from the principle upon which pensions are now awarded. Chief Engineer Edwin Wells, deceased. (Subject to the examinations GROVER CLEVELAND. required by law. J EXECUTIVE MANSION, Febr-uary 23, 1889. Assistant Engineer Reynold T. Hall, a resfdent of Pennsylvania, to be a passed assistant engineer in the Navy, from the 9th of January, WILLIA!r BARNES. 1889, vice Passed.Ass.i.stant Engineers-R..Ashton.and David Jones, pro The SPEAKER also laid hefa:re the_ House the foil awing, veto message moted. [Subject to the examinations required by law.] of the Presidentrof the United States:;- which was read, and,. with the Passedi Assistant Engineer James. H~ Chasmar, a resident of New accompanying bill, referred, on__ motiOil of Mr. M:..A!rsON, to the Com &ork, to be a chief engineer in the Navy, from the 27th of .fannary, mittee on Invalid Pensions, and ordered to be printed: 1889, vice Chief Engineer Francis C. . Dade, retired. _ To the House of Representatil:es: Assistant Engineer Ira N. Hollis, a resident of Kentucky, to be a I herewith return witliout- approval House hili N'o. II999, entitled "An act passed assistant engineer in the Navy, from the 19th of ~·ebroa:cy, 1889, granting a pension to \Villiam Barnes." ' vice Passed Assistant Engineers J. H. Chasmar and John_ W. Gardner, The beneficiary named in this bill served in a Kentucky regiment fro_m Au gust !1, 1S6l~to December 6,1864.. retired. [S.uhjee.t to the- exa.m.inations required by law~J He made cltrim for pension in the Pension Bureau, in_ September, 1882, alleg ing that in October, 1852. he was accidentally-injured; by a. pistol shot m the thigh while in the line of duty, 1 It is conceded that he was wounded by the discharge of a pisfol which he was CONFIRMATIONS. 1 carrying while he was absent from hi!t command with permission on a visit to E.'!;eeutiunotnination.s confirmed by tite Senate, Feb1··ua1'y 26, 1889. his home, and_ t-hat the dis.charge of the pistol was accidental. The ciruum.atances of the iniury are neither-given irr the report- of the com·' SURVEYOR OF €1UST0~1S. mittee, to whom the claim Wl\3 referred. b:91 the Rouse of Representatives; ~or in the report of the-case furnished to_,m_e from the Pension Bureau__; but OJl_ the Frank E. Hayden, of Ohio, to be surveyor of ens toms far ihe port of conceded...facts, the granting of a pe-nsion in this case can be predicated upon no Columl)US', Ohio. other theory ex-cept' the liability oftpe Government for any injury by accident CAPTAIN OF INFANTRY. to a person in the military service, whether in the-line ofduty: m: no_t. I think the ado~tion of the principle that the QQverllDlent is- an insurer Alfred Hedberg, to be captain Fifteenth Infantry, to rank from the against accidents under any circumstances-befalling those enlisted in_ its mili· tary service, when visiting at home, is-an unwarrantable .stre-tch oi pen::tibnleg' date of his assignment. i.Slation. GROVER CLEVELAND. ExECUTIVE 1\fANSION, Febr-uary 23,1889. HOUSE OF REPRESENTATIVE8. HEl\TRY V. BASS. The SPEAKER also laid before the Honse the following-veto message TUESDAY, Febt:uary 2.6, 1889·. of the President of the United States; which was read, :md, with the
1 accompanJ¥1g bill, referred) on motion of Mr. ~f.A.TsON, to the Com The House met at 10 o clock a. m. Prayer by the Clmplain, Rev. W. mittee on Invalid Pensions, and order_ed to be printed: H. MILBURN, D. D. The Journal of yesterday'S' proceedings was read and approved'. To the House of Representatives: I return without approval Hnuse Wll No. 11803, entitled "An act granting a JOHN J. LOCKBEY. pension to Henry V. Bass." 1 This beneficiary e.nli:sted September 9, 1862; and WaS' muste-red out .Augusti lo, The SPEAKER laid before the House the following veto>message of 18~5. T~e records !1_4-.ow no disability during his service. the President of the United States; which was read, and, with the ac It is now alleged that the soldier. was sitting on the ground ne:n... ills tent_while bill.,. 11-I!T§ON; to two. comrades were wrestling near him, and that in the cour~of the ~e ' companying referred, on m9tion of 1Ylr. the Commit one o'f tile-parties engaged in it was> thf6wn oi· fell upon the b'eneficiary, injur-' tee on Invalid Pensions, and ordered to be printed: ing his rigpt knee and ankle. ' Upon these fc.cts the claim was rejected by the. Pension Bureau on the ground To the House of Representati1.1es : that tile injury was not received in tnelir:le ofauty. I herewith._ return without approval House bill No. 220, entitled "An act ! do not think that the Government should be held as an- insurer- against in granting a pension to Joh11 J. Lockrey." juries of this kind, which are in no maun.ex related to the performance of mill.' His stated that this beneficiary enlisted Aprilll,l865, hut it appears from tl\e tary service. · 1 muster·roll of his. company for l\fuy and Ju1;1e, 1865, tha.t he was a recruit as GROVER CLEVELAND. signed, but who had no~ joined. There is nothing appearing on the record EXECUTIVE 1\IAh--siDN, Fcb;-uw·y 23, 1889. which positively shows that he ever reached his regiment. It is conceded that his real and nominal connection with the-Army extended SQUIRE W AJ.TER. only from April U. 1865, when lw was lllllStered in, untilAugust,l865, when he . W!!S di:'Jcl}arged for disabili~y. (,!ous~ting of a disease of the eye, calfed ih the ~eSPE:A.KER a-lso laid before the.Hous.e the following veto Il!~~~ s"urgeon's certificate "iTitis with conjunctivitis!' of the President of the United States; which was read, and, \Vith- ~ . '
2332" CONGR,ESSIONAL RECORD-HOUSE. FEBRUARY 26,'
accompanying bill, referred, on motion of Mr. MATSON, to the Com The Senate amendments were read at length. mittee on Invalid Pensions, and ordered to be printed: Mr. HOOKER. I ask unanimous consent to concur in the Senate I To the House of Representatives: amendments. I herewith return without approval House bill numbered 10448, entitled "An There being no objection, the Senate amendments were concurred in. act granting a pension to Squire Walter." The son of the beneficiary named in this bill enlisted in a West Virginia reg- ESTABLISHMENT OF CERTAIN LIGHT-HOUSES, FOG-SIGNALS, ETC. iment on the 28th day of June, 1861. · On the 15th day of September, 1862, while bathing in the Potomac River, near The SPEAKER also laid before the Honse the amendments of the tbe Chain Bridge, with the knowledge and consent of his commanding officer, Senate to bills of th~ following titles, in w 9-ich concurrence wasreqT ested lie was drowned. • and a conference with the Hquse asked thereon, namely: It is perfectly clear that he lost hi~life while in the enjoyment of a. privilege, and when, at his request, military discipline was relaxed and its restraints l"e A bilt {H. R. 11678) providingfortheerectionofsundryligh' -houseJ D;lOVed for his romfort and pleasure. His death resulted from his voluntary and fog-signals in Lakes Erie, Huron, Michigan, and Superior; and ecrfectly proper personalindulgence, and can not be in the least attributed A bill (H. R. 12324}for the e3tablishmeut of a light-house station on to military service. The father does not appear to be so needy and dependent as is often exhibited St. Catharine's Island, State of G€0rgia.; and . in cases of this class. A bill (H. R. 12430) providing for the establishment of a light and GROVER CLEVELAND. fog-signal at Humboldt, Cal., upon a more secure site, and for the estab EXECUTIVE MANSION, February 25, 1889. lishment of a light-ship at or near the wrecked steam-ship Oregon, in PRODUCTION OF PRECIOUS METALS. New York Harbor. The amendments, on motion of Mr. C-!-ARDY, were severally non The SPEAKER also laid before the Honse a letter from the Secre concurred in, and the conference requested by the Senate agreed to. tary of the Treasury, transmitting a report from the Director of the Mint upon the production of precious metals for the fiscal year 1888; LINCOLN LAND DISTRICT, NEW MEXICO. which was referred to the Committee on Coinage, Weights, and Meas The SPEAKER also laid before the Honse the bill (S. 3778) to estab· ures, and ordered to be printed. lish the Lincoln land district in the Territory of New Mexico; which EMPLOYEs IN DEPARTMENT OF JUSTICE. was read a first and second time. Mr. JOSEPH. Mr. Speaker, I ask, by unanimous consent, to put The SPEAKER also laid before the House a letter from the Attor that bill upon its p~age. ney-General, transmitting a list of the employes in the Department of . 'J.'h~ SPEAKER. The bill will be read, after which objection will Justice, with the compensation of each, and stating that they have be asked for. been usefully employed, and that their services are indispensable; The bill was read at length. which was referred to the Committee on Expenditures in the Depart Mr; CONGER. I do not know that ;r want to object, but I wish to ment of Justice, and ordered to be printed. inquire first whether the boundaries of the proposed district conflict JUDGMENTS AGAINST THE UNITED STATES. with the Folsom district? Mr. JOSEPH. No, sir. The SPEAKER also laid before the House a letter from the Attor · Mr. CONGER. I have no Qbjection. ney-General, submitting a r~portof:finaljudgmentsagainstthe United There bein,g no objection, the bill was ordered to a third reading; States, not appealed from, in suits brought under the provisions of an and it was accordingly read the third time, and passed. act approved March 3, 1887; which was referred to the Committee on ·Mr. SPRINGER moved to reconsider the vote by which the bill Appropriations, and ordered to·be printed. was passed; and also moved that the motion to reconsider be lai!l on DIVISION OF SIOUX INDIAN RESERVATION. the table. • • The latter motion was agreed to. - The SPEAKER laid before the House the bill (H. R. 10970) to di vide a portion of the reservation of the Sioux Nation of Indians in Da .ADDITIONAL TELEGRAPH FACILITIES IN WASHINGTON. kota into separate reservations and to secure "the relinquishment of The SPEAKER also laid before the House the joint resolution (S. the Indian title to the remainder, and for other purposes; eaid bill hav R. 137) providing for additional telegraph facilities in the cfty of ing been returned from the Senate with amendments and a request for Washington during the inauguration Ceremonies on the 4th day of a conference. March, 1889. Mr. PEE.L. I ask that the House non-concur in the amendments The SPEAKER. This resolution is short and had better be read in of the Senate to this bill and agree to the conference asked by the Sen full. ate. The joint resolution was read a first and second time, the second There being no objection, it was ordered accordingly. reading being in full. . . The SPEAKER subsequently announced the appointment of Mr. Mr. DOCKERY. I ask, by unanimous consent, to consider the joint PEEL, Mr. ALLEN of Mississippi, and Mr. NELSON as conferees on the resolution at this time. part of the House. 1\fr. ABBOTT. Mr. Speaker, I rise to a question of order. MRS. MARY T. DUNCAN. The SPEAKER. The ·gentleman will state it. The SPEAKER also laid before the Honse the amendments of the Mi. ABBOTT. I desire to call the attention of the Chair to the Senate to the bill (H. R. 325) for the relief of Mrs. Mary T. Duncan. order made by the House on the 22d instant, which is in the following Mr. CARUTH. Mr. Speaker, I ask unanimous consent that the words: House concur in the Senate amendments, which reduce the amount al Resolved, That on and after to- . . CONGRESSIONAL -RECORD-HOUSE. 2333 . Mr. DOCKERY moved to reconsider ihe V9~ ]:>,r_:wh\.cl;l ~ jQint The SPEAKER. Does the gentleman from Missouri object to ~he resolution was passed; and also moved that the motion to reconhlder gentleman from New York making a. statement concerning a bill?' be laid on the table. Mr. BLAND. Whatstatement? The latter motion was agreed to. The SPEAKER. Of course the Chair does not know what statement the gentleman desires to make. HENRY M. RECTOR. Mr. LYNCH. Regular order. · · 'Ihe SPEAKER laid before the House Senate bill314, for the relief Mr. F A..RQUHAR. I fiope the gentleman will withdraw the demand of Henry M. Rector; which W!lB read tw!ee. for the t·egular order for one minute. I want to call attention to the Mr. ROGERS. That is a bill for a ~~tti. of $.?9.9 bal~ce due Gov bill (H. R. 8063) to amend an act entitled "An act to aid vessels ernor Rector on the books of the Treasury. It has been reported to the wrecked or disabled in tlfe waters conterminous to the United States House, and I ask to have it considered. and the Dominion of Crtnada," approved June 19, 1888. This is a The SPEAKER. The bill will be read, after which the Chair will very important bill, both to the United States and Canada. It is a ask for objection. matter for the saving of life as well as of property. It went to the Com-: The bill was read, as follows: mittee on the Judiciary; has been reported unanimously; is now on the Calendar, and as the c.-ommittee will not be reached during there Be it enacted, etc., That the Secretary of the Treasury be, a.nd h~ is h~reby, au thorized and directed to pay to Henry M. Rector the sum of $399.91, 6\lt of a.ny mainder of this session and thus have an opportunity of calling up the moneys in the Treasury not otherWi$ea.ppr6pria~e<)~ the Sa.we bein~ t\l.e amoun~ bill, I desire to call it up. standing to the credit of said R.ector on the books ot the 'l'rea-sury of tlie Unitea States, as shown by page 162, Executive Document No. 363; first session Forty Now, Mr. Speaker, theCanadianParliament-- [Criesof''Regular ninth Congress. order!"] The SPEAKER. The regular order is demap.ded. Tile SPEAKER. Is there objection to the consideration of this The question was tak~n on the motion of Mr. BLAND: and the Speaker bill? . announced that the noes seemed t-o have it. • Mr. CA;NNQN. What is it for? Mr. BLAND. Division. Mr. ROGERS. lt is a balance due Governor R~ctor, who was :gJ.ar The House divided; and there were-ayes 4, noes 46. shal for the district of Arkansas and could not ~tet a settlement of his Mr. BLAND. No quorum. P.ccount. He oould not ascertain what was due -him or wiiat was due The SPEAKER. The Chair will appoint as tellers the gentleman to the Goverqment. Finally the Senate by resolutiqn asl\~d for this from Texas [1\Ir. ABBOTT] and the gentleman from Missouri [Mr. balance, and the books of the Treasury disclose that this balance is due BLAND]. Governor Rector. _ During the count, Mr. CANNON. When was that; how ma.ny years ago is it? M:r. TAULBEE said: Pending the vote I ask leave to intr9duce a Mr. ROGERS., It was many years ago; in 1852 or 1853. The war bill for reference. came up, and of course he could not get any settlement. The SPEAKER p1·o tempore (Mr. TURNER, of Georgia). The request There was no objection. is not in order at this time. The bil~ wa;s ordered to a third reading; and it was accordingly read :1\Ir. TAULBEE. I ask the gentleman making the point -of no quo the third time, and passed. rum to withdraw it for the time being, so that I may introduce this Mr. ROGERS moved to reconsider the vote by which the bill was bill. [Cries of" Regular order!"] passed; and also moved that the motion to reconsider be laid on the The SPEAKRR pro tempore. The regular order is demanded. table. M:r. BREWER. I -hope the gentleman from Kentucky will not in~ The latter motion was agreed to. terfere with business. LEAVE TO PRINT. Mr. TAULBEE. I would not by any means; but I would like to introduce this bill. Mr. GUENTHER, by unanimous consent, obtained _leave to print in The hour of 11 o'clock having arrived, the RECORD some remarks on the bill (H. R. 12291) to regulate immi The SPEAKER pro tempm·e said: The time for asking unanimous gration. consent has expired. WITHDRAWAL OF P APER.S. Mr. BLAND. I withdraw the motion to take a recess. Mr. BUNNELL, by unanimous consent, obtained leave to withdraw SUNDRY CIVIL APPROPRIATION BILL. from the files of the House without leaving copies papers in the case of L. D. Forrest. Mr. RANDALL. I am directed by the Committee on Appropriationt to submit a teport on the sundry civil appropriation bill. CONFEREES ON BRIDGE AND LIGHT·HOUSE BILLS. The report was read, as follows: The Committee on Appropriations, to whom was referred the bill (H. R.12008) The SPEAKER. The Chair will appoint as conferees on all the bills making appropriations for sundry civil expenses of the Government for t.he )-ear relating to light-houses, bridges, and other matters of the Committee ending June 30, 1890, and for other purposes, _together with the amendments of on Cow,merce which have been disposed of this morning, the gentleman U1e Senate thereto, beg lenye to report as follows: _ They recommend concurrence in the amendments of the Senate numbered from Missouri [Mr. CLARDY], the gentleman from ~nisiana [Mr. 11, 12, 13, 15, J6, 17, 56, 57, 64, 65, 66, 67, 68, 70, 80, 83, 93, 104, 107, 110, 111, 113, 114, LAGAN], and the gentleman from Virginia [Mr. T. H. B. BRoWNE]. 153, 157, 163, 166, 167, 168, 169, 170, 171, and 172. . . They recommend non-concurrence in the amendments numbered 1, ~. 3, 4, 5, ENROLLED BILL SIGNED. 6, 7, 8, 9, 10,14, 18, 19, 20, 21, 22; 23, 24, 25, 26, 27. 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 5,3, 54, 55, 58, 59, 60, 61, 62, 63, 69, 71; Mr. ENLOE, from the Committee on Enrolled Bills, reported that 72, 73, 74. 75, 76, 77, 78, 79, 81, 82, 84, 85, 86, fiT, 88, 89, 90, 91, 92, 94, 95, !;6, 97, 98, 99, they had examined and found duly enrolled a bill of the following 100, 102, 103, 105, 106, 108, 109, 112, ll5, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 1~7. 128, 129, 130, 131, 1~3. 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, title; when the Speaker signed tpe same: 145, 146, 147, 148, 149, 150, 151, 152, 154, 155, 156, 158.159.-160, 161, 162, 164, 165, 173, A bill (H. ~. 11527) to establish lights on the western end of Coney 17~. 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, Island, New York. 193, 194, 195, 196, 197, 198, 199. . They recommend concurrence in the amendment of the Senate: numbered ORDER OF BUSINESS. 101, with an a.m·endment as follows: _: On page 31 of the bill, in line 23, after the word "dollars." insert the follow· The SPEAKER. U!}d~r the Qfder of the House the Clerk will pro ing: "Which sum shall be expended under contract or contracts, to be made by ceed to call the names Of members alphabetically for requests for unani- the Secretary of the Treasury with the lowest and best bidder or bidders there mous consent. · for, after advertising once a. week for four consecutive weeks for proposals." Mr. O'NEALL, of Indiana. I ask unanimous consent to lay aside The SPEAKER. The question is upon_agreeing ~ the report. - · the order for unanimous consent for to-day~ :;~ond that the House pro Mr. RANDALL. I ask the previous question upon the adoption of ceed to the consideration of appropriation bills. the report. Mr. BIGGS. I object. The previous question was ordered. Mr. ABBOTT's name was called. The SPEAKER. There arethirtyminutesforexplanation or debate. Mr. ABBOTT. I ask, by unanimous conl)ent, to discharge the Com Mr. RANDALL. The amount added bv the Senate to the bill as it mittee of the Whole House on the state of the Union from the further passed the House was $3,453,151. There are tht·ee or four main items consideration of the bill (S. 1974) for the erection of a public building of controversy. One relates to the questioQ of the use of steam-presses in at Fort Worth, Tex. the Bureau of Engraving and Printing. Another relat~ to t-he Library Mr. BLAND. As the House has refosed to proceed with appropria building, the question being whether the law of-last year shall ~e tion bills, I move that it take a recess for thirty minutes. so $6,000,000 changed that the structure shall have a limit of instead of1 Mr. RANDALL. In view oftpatmotion, I ask by unanimous consent $4,000,000. The third material point in controversy is in·relation to to make a privileged report froin the Committee on Appropriations, the provision made in the Senate amendment for the purchase of a lot being the sundry civil appropriation bill. immediately west of the Post-Office Department building for the city. Mr. BIGGS. Regular order. I object. . post-office and other public offices, which is an indefinite appropriation Mr. RANDALL. I give notice that I will make this request at 11 and can be regulated in amount only by the judgment of a Washing- o'clock precisely. ~ju~ . Mr. FARQUHAR. Pending that motion I desire to call the atten Mr. MILLS. That is the block between D and E streets? tion -of the Honse to a bill on the Calendar-- Mr.· RANDALL. It is. -· 2334 CONGRESSIONAL REOORD-HOUSE. FEBRUARY. 26, Mr. ~TILLS. Ancl it is all built up? quf'.stion. It might aff~ct th~ contract to be made ior the outer stone ~b. RA.l.~DALL . It is all bnilt up. of the building, whlcli lt may be thought desirable to obtain from a :Mr. 1\ITLLS. What is the estimated cost of that lot? particular quarry. Mr. RANDALL. The present rumor is that it maycost$1,250,000. .Mr. HOOKER. I wi;~h to ask the gent~eman from P~nnsylvapia Mr. MILLS. To condemn the property? whether there was a difference of opinion between the COI,lferees of the Mr. RANDALL. To cortdemn the property. The Committee on two Houses upon the adoption of the a~endment with 1·e rc;rence to the Appropriations recommend non-concurrence in that Senate amend international conference of .American nations-the provision on p:tge :p:tent. It may not be inappropriate for me to say here that prior to 57 of the bill. • the distribution of the appTopriation bills the Committee on Appropria 1\fr. RANDALL. Astothatmatter we recommendnon-concurrence. tions possessed the power to add legislation on gen,eral appropriation Mr. HOOKER. That was a Senate amendment? bills which would rerluce expenditures. During that period such leg Mr. RANDALL. · Yes, sir. . islation proposed by the House was uniformly resisted by the Senate. l\1r. HOOKER. Well, I wish to ask whether the 'pres~nt attitude They would not adU+it any such legislation to go upon an appropria of the bill will admit of an amendment being offered for the consi '. 1889. CONGRESSIONAL RECORD-HOUSE. 2335 the countries we propose to have as our guests, it will be a mere baga PUBLIC BUILDING, MARTL.~SBURGH, W. VA. telle in comparison with the expenditure involved in the celebration of the centennial at Philadelphia in 1876. For myself, I :regard it as Mr. SOWDEN, from theCommitteeon Public Buildings and Grouu~s, the most important eyent in the history of the country. It should be reported ba-ck favorably the bill (S. 3432) for the erection of a public ma.rked not only by a celebration of the day on which the :firSt Presi building at Martj.nsburgh, W.Va.; which was referred to the Committee dent of the United States was inaugurated; but, Mr. f3peaker, it should of the Whole Iiou8e on tlic state of the Union, and, with the accom be marked more significantly as the centennial of the adoption of that panying rep<)rt, ordered to be printed. instrument whose permeating influences have been felt throughout the • PETER CRENSHAW. civilized world, but more particularly in this country and in those coun Mr. HOOKER, fro~ the Committee on Military reported tries with which we are so closely identified by geographical proximity A.:ffairs, back favorably the bill (H. R. 5070) for the relief of Peter Crepshaw; 1\Ir. RANDALL. The gentleman should remember, however, that which was referred to the Committee of the Whole House on the Pri it is doubted by the best parliamentarians of the House, as well as of vate Calendar, and, with the accompanying report, ordered to be the other branch of Congress, whether it is within the power of either printed. to insert new matter in bills of this character which have not been considered by either House. The gentleman will at once see the diffi BRIDGE ACROSS WHIT~ RIVER, ARK..ANSAS. culty his proposition presents, even if it were in order under the rules Mr. PHELAN, from the Committee on Commerce, reported back of the House. with amendment the bill (H. ~· 11960) to authorize the construction of !tlr. HOOKER. It can be done by a vote of the House, I suggest. a bridge across the White River at or near Aberdeen, Prairie County, Mr. GUENTHER. Will the gentleman from Pennsylvania state Arkansas; which was referred to the Committee of the Whole House what recommendation is made as to amendment numbered 103? on the Private Calendar, and, with the accompanying report, ordered Mr. RANDALL. The controversy there is just this: Both sides to be printed. propose that the money shall be expended, and the only question is FORFEITURE OF WAGON-ROAD GRANTS. whether it shall come directly out of the moneys in the Treasury, or shall be taken from the fond known as the " immigrant fund." We Mr. HOLMAN, from the Committee on the Public Lands, submitted recommend non·concurrence in the Senate amendment. the viewsofthe minority ofthatcommittee on the bill (S.1939) providing Mr. GUENTHER. I hope yon will do so and adhere, because there in certain cases for the forfeiture of wagon-road grants in the State of is not money enough in thnt fund to enforce the provision. There Oregon; which were ordered to be printed, and referred to the Comlnit was only about $6,000 surplus last year. tee on the Public Lands. 1\Ir. RANDALL. We want to get at all the facts before determin GAMBLING IN AMERICAN F.ARl\1 INDUSTRIES. ing the question. I do not think there will be any difficulty in the way. Mr. DUNHAM. On this side of the House it was not possible to Mr. GLASS, from the Committee on the Judiciary, Teported back hear the explanation of the gentleman from Pennsylvania with regard adversely the bill (H. R. 7051) to prohibit fictitious and gawbling to the Senate amendment in this bill providing for the purchase of a transactions on the price of articles produced by American farm indus site for a post-office in this city. I wish to know from the gentleman tries, and the bill (H. R. 5689) t.o punish dealing in futures in agri what the committee recommended in that respect. cultural products; which were referred to the House Calendar, and, Mr. RANDALL. We recommended non-concurrence. with the accompanying report, ordered to be printed. 1\Ir. DUNHAM. That is right. CHRISTOPHER C. ANDREWS. Mr. RANDALL. It is a proposition involving an indefinite appro priation which might reach $5,000,000. Mr. J.IACDONALD,from the Committee onthePublicLands, reported :Mr. DUNHAM. It might be $50,000,000 as far as the provision ot back favorably the bill (H. R. 12079) for the relief of Christopher C. the bill is concerned. Andrews; which was referred to the Committee of the Whole House on The report of the committee was adopted. the Private Calendar, and, with the accompanying report, ordered to Mr. RANDALL moved to reconsider the vote by which the report be printed. was adopted; and also moved that the motion to reconsider be laid on ORDER OF BUSINESS. the table. Mr. SPRINGER. I ask, by unanimous consent, 1hat gentlemen The latter motion was agreed to. having bills to present may be permitted also to hand them in at the Mr. RANDALL. I move that the House request a conference with Clerk's desk for proper reference under the direction of the Speaker, in the Senate on the disagreeing voU:s of the two Houses on this bill. view of the fact that we had no opportunity on yesterday to present The motion was agreed to. them. The SPEAKER announced the appointment of 1\Ir. RANDALL, !.Ir. Mr. SOWDEN. Let that also include resolutions. FORNEY, and M:r. RYAN as conferees on the part of the Honse. Mr. SPRINGER. I will ask to include everything that would bf\ ORDER OF BUSllfESS. in order under the rule ofthe Honse on Monday. There wns no objection, and it was so ordered. Mr. SAYERS. Mr. Speaker, I ask, by unanimous con'sent, to dis pen~e with this hour for the call of committees, for the purpose of taking FILING OF BILLS AND RESOLUTIONS. up the unfinished appropriation bill. The following bills and resolutions were filed by being handed in at Mr. TAULBEE. Will the gentleman, pending that, couple with his the Clerk's desk.: request one that the usual permission be granted to file reports? OBSTRUCTION OF COJ.\IMERCE. ltfr. SAYERS. I will do so, Mr. Speaker, and ask unanimous con sent that members having reports from committees to make may pre Mr. BRECKINRIDGE, of Arkansas (by request), submitted a reso sent them at the Clerk's desk. lution asking the Secretary of War as to the obstruction to commerce Mr. TAULBEE. Including minority views? of certain railroad and other bridges; which was referred to the Com Mr. SAYERS. Including also the views of minority members of the mittee on Commerce, and ordered to be printed. committees. BE.N.T.Al\IL.~ BRUh'"ER. The SPEAKER. Is there objection to the request of the gentleman from Texas as stated ? Mr. BRECK.INRIDGE, of Arkansas (by request), introduced a bill There was no objection, and it was so ordered. (H. R. 12645) for the relief of Benjamin Bruner; which was read a first and sel'.ond time, referred to the Committee on Indian Affairs, and or REPORTS FILED. dered to be printed. The following reports .were filed by being handed in at the Clerk's <.lesk: .ADillSSION OF NEW MEXICO AS A STATE. RISING SUN LODGE, DECATUR, ALA. Mr. JOSEPH introduced a bill (H. R. 12646) to provide for the ad mission of New Mexico into the Union as a State on an equal footing Ur. LAWLER, from the Committee on War Claims, reported back with the original States; which was read a first and second time, re favorably the bill (H. R. 43) to refer the claim against the United ferred to the Committee on the Territories, and ordered to be printed. 1 States of the trustees of the RisingSun Masonic Lodge, No. 29, of De catur, Ala., to the Court of Claims; which was referred to the Com AD::\IISSIO.N OF ARIZONA, IDAHO, AND WYOMING AS STATES. mittee of the Whole House on the Private Calendar, and, with the ac Mr. SPRINGER introduced a bill (H. R. 12G47) to provide for the companying report, ordered t.o be printed. · admission of Arizona, Idaho, and ·wyoming into the Union as States Oil TARIFF STATISTICAL BURE.A.U. an equal footing with the original States; which was read a first and second ttme, &eferred to the Committee on the Territories, and ordered ' Mr. WHEELER, from the Committee on Expenditures in the Treas to be printed. ury Department, reported back favorably the bill (H. H. 9827) to ere· ate and establish a. tariff statistical bureau; whi.ch was referred to the ELEVEN'l'H CENSCS. Committee of the Whole House on the state of the Union, and, with •• Mr. PERKINS presented a joint resolution of the L~gislature Qf the accompanying report, ordered to be printed. ' Kansas, asking that in the law providing ror the next nationalceiisus1, . I ' 2336 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 26 provision be made for an enumeration of all the ex-Union soldiers a~d The Clerk read as follows: sailors of the late war, showing their ages, the comp~ies all~ regi · To pu.y Frank B. Gorman $75 for the month of November, 1888, for extra work :rp.ent in w1!i9h they ~~rved, and t~e lengthoftheirserviee; w!lich was as mail pa;ge. r~ferred to the Committee on the Eleventh Census, and ordered to be Mr. ~AYERS. I desire to reserve the point of order upon that 'printed. an1endmen~ · TO OPEN INDIAN TERRITORY TO SETTLEMENT. Mr. LA. WLER. I want to state that the two mounted pages begides d<:>il)g the work th~y are called upon to do as pages also carry down Mr. PERKINS also presented senate concurrent resolution No. 7, boolfs and public documents niglit"after niglit. The associate of Mr. of the Kansas Legislature, asking for legislation that will open the In Gorman was paid his extra month, through Mr. Bur~Aes illterceding dian Territory to settlement; which was referred to the Committee on for him, and this amendment is offered in order to equalize the pay of Indian Affairs, and ordered to be printed. the two. BOUNTY TO SUGAR MANUFACTURERS. Mr. SA.YERS. In view of the statem~nt made by the gentleman from Illinois I will withdraw the point of order. · Mr. PERKINS also presented a house concurrent resolution, No. 30, The amendment was agreed to. of the Kansas Legislature, asking .that a bounty be paid to all manu Mr. O'FERRALL. I offer the following amendment; which I send facturers Qf sugar equal to any reduction that may be made in the ex to the Clerk's desk. isting tariff duty; which was referred to the Committee on Ways and The Clerk read as follows: Means, and ordered to be printed. To pay George W. Fisher for services as laborer at the Capitol from August HOUR OF MEETING OF THE HOUSE, ETC. 1 to December 1, 1887, one hundred and twenty days at $2 a day, $240. Mr. SAYERS. I reserve the point of order 'upon that amendment Mr.- SOWDEN submitted ·the following resolution; which was re until I can hear the statement. of the ge:t;ttleman from Virginja. ferred to the Committee on Rules: Mr. O'FERRALL. Mr. Chairman, the facts in connection with these Resolved, That the special order of February 22, 1889, which reads as follows: services are these: On the 1st day of August, 1887, George W. Fisher, "Resolved, That on and after to-day the House sessions shall begiu a.tlO a.m., and, after the reading of the Journal, up to 11 a.m., the names of members shall a colored man of Virginia, was appointed by the then Doorkeeper of the be called in their alphabetical order for the consideration of matters by unan House upon the laborers' roll. imous consent; and it shall not be in order for the Speaker to entertain are Mr. SAYEr..S. Which Doorkeeper? quest for unanimous consent at any other time, except to concur or non-concur in Senate. amendments t"() House bills or to consider Senate bills when presented Mr. O'FERRA.LL. Mr. Donelson, the Doorkeeper at that time. He to the House by the Speaker," - perforiD:ed four months' services from the 1st day of August; when he be, and the same is hereby, reecin:ded. was appointed, to the 1st day of December, 1887. For that servjce he PRINTING OF EULOGIES ON THE LATE JAMES N. BURNES. never received a dollar. Mr. SA. YERS; Why not? Can the gentleman state that to the com Mr. RICHARDSON. Mr. Speaker, with the consent of the gentle mittee? man from Texas, I desire to report a resolution from the Committee Mr. O'FERRA.LL. I do not know why he didnotreceive pay. He on Printing authorizing the printing of the eulogies on the late Mr. was put upon the roll at my request, and I know that he performed the Burnes. · services, and the evidence taken when the question was submitted to· There being no objection, the joint resolution (H. Res. 266) was read, the Committee on Claims shows that he was not paid a dollar. Of as follows: course I can not tell why he was not paid. Be it resolved. etc., That there be printed of the eulogies delivered in Congress upon the late James N.Burnes, a Representative in the Fiftieth Congress from Mr. SAYERS. ·I withdraw the point of order. the State of 1\lissouri, 25,000 copies, of which 6,000 copies shall be for the use of The amendment was agreed to. the Senate and 19,000 copies sbllll be for the use of the House of Representa Mr. SHA. W. I offer the following amendment. tives; and that tbe Secretary of the Treasury be, and be is hereby, directed to have printed a. portrait of the said James N. Burnes to accompany said eulogies, The Clerk read as follows: and for the purpose of engmving and printing said portrait the sum of S500, or To pay Edward W. Coughlin $150 for services rendered the Committee on Ac so much thereof as may be necessary, is hereby appropriated out of any money counts during the first and second s~ssions of the Fiftieth Congress. in the Treasury not otherwise appropriated. Mr. SAYERS. I reserve the point of order on that amendment. Mr. DOCKERY. With the co:r:sent of the gentleman from Tennes Mr. SHAW. I offer that amendment on the unanimous recommen see, I desire to offer an amendment. dation of the Committee on Accounts. The Clerk read as follows: Mr. SA. YERS. Did not you have Rome one else, or was not there Resol11ed fudher, That of the quota. to the House of Representatives, the Pub some other person detailed to perform that duty? lic Printer shall set apart 50 copies. which he will have bound in full morocco, Mr. SHA. W. The Doorkeeper of the House detailed a messenger, with gilt edges, the same to be delivered when completed to the widow of the who was sent there during the meeting of the committee. TlJat com deceased. mittee has constant communication with the Clerk of the House, as the • There being no objection, the amendment was adopted; and the joint Clerk will testify, papers passing backward and forward. resolution as amended was ordered to be engrossed and read a third Mr. SA. YERS. I can not withdraw the point of order upon that. time; and being engrossed, it·was accordingly read the third time, and The CHAIRMAN. What is the point of order? passed. . · Mr. SHA. W. This is a just claim, and if I were financially able I Mr. RICHARDSON moved to reconsiderthevote by which thejoint would pay it out of my own pocket. I think the committee is entitled resolution was passed; and a1so moved that the motion to reconsider be to that courtesy. laid on the table. Mr. SA. YERS. I withdraw the point of order. The latter motion was agreed to. The amendment was agreed to. ORDER OF BUSINESS. The Clerk read as follows: For horse and buggy for Department messenger, House of Representatives, Mr. SA. YERS. I move to dispense with the call of committees for for the fiscal year 1890, $250. reports. . To pay CharlesOa.rter for caring forsubcommiltee-roomofCommittee on Ap propriations, S60. The motion was agreed to. To pay Charles Holbrook for services as laborer for thirty-seven days, at$:! Mr. SAYERS. I move that the House resolve itself into Committee per day, 874. of the Whole on the state of the Union to consider general appropria To enable the Clerk of the House to rent, during the fiscal year 1890, rooms for the usc of the clerks employed under the direction of the Oomm..ittee on tion bills. Rules in preparing the general index of the Journals of Congress, $1,200. The motion was agreed to. Mr. WISE. I offer the fo1lowing amendment: DEFICIENCY .APPROPRIATION BILL. To pay J. W. Chickering $126, J. W. Fisher $130, and J.l\I. Fisher $121.9:) for extra. work in indexing the House Journ:Jl and miscellaneous documents dur· The House accordingly resolved itself in~ Committee of the Whole, ing the first session of the Fiftieth Congress; in all, $377.90. • Mr. DOCKERY in the chair. Mr. SA. YERS. I reserve the point of order on the amendment until The CHAIRUAN. The House is now in Committee of the Whole I can bear the statement of the gentleman from Virginia. · · for the purpose of considering the unfinished business, which the Clerk Mr. WISE. Mr. Chairman, durin~ the first session of the Fiftieth will report. Congress the Clerk of the House of Representati\"'es made the appoint The Clerk read as follows: ment of an index clerk upon my recommendation. It turne~ out that A bill (H. R.l2571) making appropriations to supply deficiencies in the appro priations for the fiscal year ending June 30,1889, and for prior years, and for that clerk did not perform his duties, and the Clerk of the House was other purposes. not responsible for that. It is known to t.he gentlemen of the Coll! The Clerk read as follows: mittee on Appropriations that the index clerk usually performs his' duties at home. Towards the close oflast session he told the Clerk otj To rei ill bu rse the estate of J. K. Ed wards, late an official reporCer of the House of Representath·es, the nmonnt paid to E. D. Easton for set vices rendered and the House of Representatives and myself that his work was up to date. · expenses incurred as a substitute reporter from June 11 to July 17,1888, both in When we found out that he bad neglected his dutJes be was requested clusive. such payment hnving been autho:·ized by 1\ resolution of the House to resign, which he promptly did, and the Clerk of ~~e Ho!tse made a, adopted July 14,18S8, &733.90. new appointment. This new appointee came here after the very long 1\Ir. LAWLER. Before passing from this item I wish to introduce and arduous session, and by working night and day brought up the an amendment. work of last year in a few weeks. -· 1889. CONGRESSIONAL RECORD-HOUSE. 2337 The work of this session is up to this very day. In consequence of Mr. RANDALL. The House bas the authoritv. the neglect of the gentleman who was first appointed index clerk, it The CHAIRMAN. The effect of the resolution is to waive the point became necessary to employ some assistanee for his successor. That of order, and bring the question before the House for consideration. work cost but the small sum of $377.90, and the object of this amend :Mr. BOOTHMAN. But the Chair will remember that my point. ment is to pay these gentlemen who were employed to assist him. It is, first, that this paragraph changes existing law, and second, that it is known to the members of this House that the last session was an un proposes new legislation. usually long and laborious one, and therefore Ihopetbatthegentleman The CHAIRMAN. Both of 'Yhich points of order would be fu1Iy sus who has charge of this bill will not object to paying this small sum of tained but for the action of the House directing the Committee on Ap $377.90 for this purpose. . - propriations to insert this provision. Mr. SAYERS. I will state, Mr. Chairman, the reason that I must l\Ir. HOLM.AN. I hope that resolution of the Honse will be read. - decline to withdraw the point of order is that the Committee on Ap Mr. BUCHANAN. I would like to submit another suggestion in propriations considered the very question involved in thisamendment, this connection before the Chair makes a final ruling. This bill was and they r~jected it. reported February 12; that is the last report we have from the Com Tbe CHAIRMAN. The gentleman will plea~e state his point of mittee on Appropriations on this subject. This action by the House order. was taken February 22-ten days afterwards. So that the re.no reason whatever forthisgentle this House after March 3, 1889, and also upon the roll of the next Con man being from the 3d of March up t{) the meeting of the next Con~ress gress. Now, whether that resolution be existing law or not, certainly an extra official drawing pay, when there is nothing whatever for him this is a change of the terms of the resolution, and if the resolution be to do or that he can do. This is a direct attempt, so far as it goes, to not existing law, then there is no law for placing him upon the roll, officer the next House. and therefore this paragraph propo~es new legislation. The question being taken on the mot.ion of Mr. BooTHMAN to strike Mr. RANDALL. The Chair will see by the RECORD that the Honse ont·the paragraph, there were-ayes 66, noes 68. instructed the Committee on Appropriations in this connection. Mr. GROSVENOR. No quorum. The CHAllil\IAN. The Chair is of opinion that this paragraph is Tellers were ordered; and M:r. GROSVENOR and Mr. SAYERS were in order under the resolution. appointed. Mr. BOOTHMAN. I think the Chair has fallen into a mistake. The committee again divided; and the tellers reported-ayes 73, The RECORD that bas been sent up contains a resolution passed at the noes 97. I· first session of the Fiftieth Congress, to place this man upon the roll So the motion of Mr. BooTHMAN was not agreed to. during the existenc~ of the Fiftieth Congress; but the paragraph under The Clerk read as follows: consideration proposes to place him upon the roll of the House after the To pay the clerk to the Committee on Elections for preparing a. digest of the expiration of the life of the Fiftieth Congress, although there will be contested-election eases of the Forty-eighth, Forty-ninth, and Fiftieth Con gresses, as authorized by t.he resolution adopted by the House of Representa nothing on earth for him to do after the 3d day of March next but to tives December 20, 1888, SI,500. draw his pay. He is on the roll now as a supernumerary. Mr. RANDALL. This resolutiou was sent to the Committee on Mr. ROWELL. I offer the amendment which I send to the desk. Appropriations within a week. The Clerk read as follows: The CHAIR1\IAN. The Chair will invite the attention of the gentle To pay Robert Smalls balance of expenses incurred by him in his election man from Ohio [Mr. .BooTHl\IAN] to the fact that the resolution pro contest in the Fiftieth Congress, 83,159.64. vides for a period from March 4, 1889, until the beginning of the first Mr. CRISP. I raise a question of order on that proposition. session of the Fifty-first Congress, and that is exactly the provision of Mr. ROWELL. I hope the question of order will not be raised. · the paragraph under consideration. Mr. RANDALL. How much is it proposed to pay Mr. Smalls? Mr. BO~T~MAN. But my point of order is that this paragraph Mr. ROWELL. Three thousand one hundred and fifty-nine dollars changes ex1stmg law. Now, I do not see how the resolution adopted and sixty-four cents, the exact amount of the expenses incurred by by the Committee on Appropriations, as 1·eported to the House makes him. I hope the gentleman from Georgia will not raise the point. of existing law. "' ' order. XX-147 . 2338 CONGRESSIONAL R.ECORD--H01JSE. FEBRUARY 26, The CHAIRMAN. The gentleman from Georgia will state his point M:r. SPRINGER. My colleague does not answer me yet. of order. Mr. ROWELL. I am perfectly willing to pay each one of them the M:r. CRISP. 1\Ir. Chairman, the law provides, page,400, volume 20, expenses incurred by them in tl1eir contest. Statutes at Large, that- 1t1r. SPRINGER. Now, I will answer the question of my other col Hereafter no contestee or contestant for a. seat in the House of Representatives league. I am willing, I will state to him, to do equal and exact ,justice shall be paid exceeding $2,000 for expenses in the election cont.ast. to all parties, but I am opposed to selecting one case out of all the elec~ This cont~tant and all contestants and contestees at this Congress tion cases, the case of a man who happens to be a colored man, and do ha~e been already paid $2,000 by law; and the Committee on Elections, justice to him, and at the same time do an act of injustice to every other in passing on tb'ese cases,. determined under the law that was all that gentleman in every other contest who happens not to be so fortunate as could be given, and until this law was repealed we were bound to con Mr. Smalls. fine ourselves to the $2,000, which has been done. Mr. HOPKINS, of illinois. I would suggest to my colleague that Mr. ROWELL. Mr. Chairman, I hope the gentleman will withdraw he ought not to be willing to seek to do injustice to this man because his point of order. I know there is a statute which limits the amount some of his colleagues have not introduced a bill to allow the same which may be reported from the committee to pay the expenses of con amount or some other, whatever it may be, that was paid out by Mr. tested elections. I know, too, any other committee of this House to Sullivan in his contest. which a bill may be referred to pay these expenses would not for a Mr. SPRINGER. If the gentleman will prepare an amendment to moment hesitate to report back to Congress in favor of making the pay cover all of these cases and to do justice to all of them, or if the Com ment. The idea of a man going into an election contest legitimately mittee on Elections will submit such a proposition, I should certainly and properly and paying the expenses of that contest without extrava have no objection to it. gance, and then for Congress to refuse to make repayment to him, is Mr. REED. The only way you can get justice is by buying it, then, simply to put a fence against legitimate and proper contests in the from the Democratic party. House. Mr. HOPKINS, of illinois. Does the gentleman speak for all of his Mr. REED. The expense in a pretended contest is more than that. party? Does he suggest that all of his side would agree to that? Mr. ·rAULBEE. Will the gentleman yield to me for a question? :rtfr. SPRINGER. I understand tba.t the contestant in the California - Mr. ROWELL. Certainly. case has probably expended more money than any other contestant or Mr. TAULBEE. Is it a well-established fact that the amount any other contest ' .• ·. 2340 CONGRESSIONAL RECORD-HOUSE. FEBR.UARY 26, to permit the Honse to pass upon this question. Why should he nQt then I suppose that you will show affirmatively that there is. You do it? I appeal to him individually. certainly would not ask us to prove a negative, would yon? Mr. ClUSP. Mr. Chairman, I think I have beard my friend from Mr. ADAMS. You can not transfer the burden of proof in that easy :Maine [Mr. REED] say more than once, and I know that I bnve read way. in books, that the best way to remove an objectionable law is to enforce Mr. CRISP. Would yon ask us to prove a negative? it, and in that way exhibit and emphasize t.he objections to it-- Mr. ADAMS. The House of Representatives in Committee of the Mr. REED (interposing). Then yon are opposed to the law? Whole has a right to amend any appropriation bill or any other bill-- Mr. CRISP (continuing). In order that there may be a repeal of the Mr. OUTHWAITE. In other words, the Honse has a right to over- law, which will put all men on an equality. ride its own rules by a simple vote in Committee of the Whole. Is Mr. REED. Then you a.!:e doing this in order to secure the repeal that the gentleman's proposition? of the law, are you? Mr. ADAMS. The gentleman from Ohio is in too great haste. I 11fr. CRISP. I am not. I am doing it from a sense of duty, but in can not utter two sentences at once, but if the gentleman will be patient doing it I am following a path which is commended by the gentleman I will make my position cle1!-r. from Maine and commended also by many others when they come to Mr. OUTHWAITE. I am only asking whether your proposition is deal with a law which they think is objectionable or obnoxious. not simply that the House can override one of its own existing rules Mr. REED. Then will the gentleman permit an amendment to be by a simple vote in Committee of the Whole? presented on this bill repealing that law, and let us try what we can Mr. ADAMS. I am about to state what my proposition is. Mr. do about it here? Chairman, the burden of proof is not upon those who hold that this is Mr. CRISP. I think not at this stage of the session. permit~ed by the rules. The burden of proof is upon those who insist Mr. REED. Then the gentleman's object does not seem to be tore- that by reason of a rule the legislative discretion of this House is lim- peal a bad law. ited and restricted. Up to 1874 any Honse of Representatives could Mr. CRISP. All around oe are gentlemen who are in the same put upon any bill, even au appropriation bill, any amendment which position as this claimant. The gentleman from Virginia [Mr. O'FER-~ was permitted by the general parliamentary Jaw. Then a rule was RALL] had a contest in the Forty-eighth Congress-- adopted restricting the liberty of this Honse in that l'espect; but that Mr. REED. .And he ought to be paid. rule must be strictly construed. .Any amendment can go on an appro- M:r. CR£SP. I do not know how many thousand dollars are due priation bill which tjle rules of the Honse do not forbid io be there. him. · Now, the rules of the Honse forbid an appropriation for any expendi- .Mr. REED. That does not matter. ture not previously authorized by law unless in continuation of ap- Mr. CRISP. The rule has been so for a great many years. propriations for public works and objects already in progress. The l\lr. REED. It has, and it has been a wrong every time. question is whether the gentleman can show that 1his is~ expenditure ·. Mr. CRISP. Now, the propositJon is to select out one case and deal not previously authorized by law. If the law, whether constitutional with that, ignoring all the others. The others are not here. Their or statutory, authorizes this Honse to decide the election contests of claims are not here. Their clairus have not been passed upon by any- its members, it certainly authorizes this House to take necessary means body. Only one case bas been passed upon by the Committee on for that end; and it is within the discretion of this Honse to determine Claims,. that of the gentleman from Illinois [Mr. PosT). I understand what those means shall be. that the committee have reported favorably in his case; not a unani- Mr. HEARD. Will the gentleman allow me a question? mons report, but the report of the majority of the committee. But this Mr. ADAMS. Certainly. . claim, I will state to the gentleman fxom Maine, has not been exam- Mr. HEARD. Does the gentleman hold that it is competent for Con- ined cr reported upon by any committee of this Honse. gress to put any limit on the extent to which these expenditures may Mr. REED. The amendment is offered by the gentleman from Illi- go? nois [Mr. RowELL], who has examined the matter. Mr. ADAMS. I hold that it is not competent by law to limit in .Mr. McADOO. WilltbegentlemanfromGeorgiayieldforaquestion? any manner the mode in which the House shall determine whether in Mr. CRISP. Yes, sir. a certain contest A or B was elected a member of the Hons~, and there 1\Ir. McADOO. I wish to ask the gentleman whether the expenses is no limit on the power of this House to appropriate money for that incurred jn the.case of Mr. Sullivan were not as great as in the case or purpose; and my authority for that position is Mr. CARLISLE in the Smalls? • .Forty-seventh Congress. Mr. UHISP. Oh, !think very much greater, though I do not recollect Mr. HEARD. The gentleman from Ohio quoted a higher authority Just what the claim in that case was. I want to say to the House also even than Mr. UARLISLE-the Constitution of the United States. that when the Committee on Elections took up these claims for expenses Mr. ADAMS. Well, the Constitution stands behind Mr. CARLISLE there was a very considerable amount more than $2,000 claimed in some in support of that position. of the cases, but we did not make a critical examination of each item Mr. HEARD. Now, I understand my friend from illinois [Mr. AD as we would have done if we bad determined to consider the claims in AMS] to affirm the position that because the Constitution of the United lletail on their merits. States gives to each Honse of Congress the right to pass upon the elec- We simply looked at this bill and came to the conclusion that cer- tion and qualifications of its members, therefore it is not competent tainly it was a reasonable claim to the amonnt of $2,000, and there- even for Congress by law to provide rules or regulations to restrict the fore we reported in favor of the payment of the $2,000. Speaking for expenditure of money or to provide other restrictions as to how such myself and other members ofthe committee, except perhaps the gen- questions shall be considered; for I apprehend the gentleman could tleman from Illinois [Mr. RoWELL], who may have looked into the just as correctly argue tllat Congress can not limit the time within matter since that time, although he had not done it up to that time, which testimony may be taken in such cases to forty days. · we dealt with them upon that general idea without going into details. Mr. ADAMS. That was Mr. CARLISLE's precise position. I can not say that this claim is right or that it is wrong. I only say Mr. HEARD. '.rhen I would say to the gentlemen on the other side that no committee of the Honse has ever determined that it is right. of the House, and especially to the gentleman from Maine [Mr. REED] Mr. HOPKINS, of Illinois. But after the statement of my col- that they may understand their rights, but they certainly mistake their league [Air. RowELL] that he bas examined it, you have no doubt that remedy. Ifthislawiswrong-and the gentleman from Maine says that it is right, have you? there is scarcely any case in which there is even the pretense of a con- Mr. CRISP. Personally I do not know n.nything about it; but of test where this limit is not necessarily exceeded-if that is the case, course I have the utmost confidence in the gentleman from illinois then there is no excuse for this law being on the statute-book; and the [Mr. RowELL]. I merely say that no committee of the House re- remedy is by a proposition torepealitinorderthatthe ~w may operate ported in favor of the claim. upon this case as upon every other and shall not in any instance operate Mr. ROWELL. The chairman of the committee is correct in stat- exceptionally. ing that the Committee on Elections went over each one of these claims My friend from Illinois [Mr. RoWELL] says that to flraw there and having found an amount sufficient to make $2,000 allowed that striction so closely bas the effect of putting up the bars perhaps against - sum. In some of the cases the claims amounted to barely $2,000, and men who might make honest contests here. .Ah, I tell the gentleman the parties got their total expenses. So that the committee, as a com- that this law bas a different purpose. Its object is rather to :fix a rea mittee, did not pass upon e•ery one of these items. I have here, how- sonable limit inside of which these oontests may be conducted without ever, an itemized bill, and there iS no question that the committee, oppression to the people in the matter of improper and illegitimate ex had they not been limited by the law, would have reported in favor of pense, and to prevent the inviting and nursing of contests simply for this cb.im. the sake of the fees which they may bring to those interested. This .Mr. ADAMS. One suggestion more as to the duty of the Chair and committee had before it a bill for $7,000 or $8,000 in one case where nsto the burdenlofproofindecidingthis question. Thegentlemnnfrom the:re was, as I thin~, in the ju~gment of the country as well as the Georgia [Mr. CRISP] askefl me whether the burden of proof was not on House, the merest pretense ot a contest," to adopt the language of ustosbowthatthisamendmentcould be made. I say no. The burden my friend from Maine. What did we do? That case was operated ofproof.isonanymanwhosaysthat1he Committe~ofthe Whole House upon by this statute, as is this case·andeveryother. ,We believed that can not put au amendment on a bill. a-s much as $2,000 had been legitimately expended, and we reported in Mr. C.RISP. I simply say that there is no law authorizing it, and favor of allowing the amount to whiuh we are limited by law-that is, 1889. -CONGRESSIONAL RECORD-· HOUSE. 2341 . ~2, 000. And to-day we have no right, and gentlemen can not contend been taken up in debate on the point of order. I now ask for the ruling ~hat we have the right, under the law, to report in favor of allowing of the Chair. more than $2,000 in any case; nor can this House make such an allow- The CHAIRMAN. The Chair has no doubt whatever in respect to 'ance by an amendment to this bill without violation of the rules so long this question, and sustains the point of order. 'as that statut-e stands unrepealed. Mr. SPRINGER. I wish to offer the following amendment. Mr. BUTTERWORTH. A single word in reply to what has been The Clerk read as follows: said on the other side. That the Secretary of the Treasury is hereby authorized and directed to issue I want my friend from Georgia (Mr. CRISP) and my friend from -to William Gray, late a. private in Company D, First Regiment of New York Missouri_ [Mr. HEARD], as well as the Chair, to understand precisely _ (Lincoln) Cavalry, a. warrant for the sum of $174.43, in full for his claim hereto- fore allowed by the Treasury Department, and for which claim the said Depart the point I make. I fear I have not made myself understood, First, ment issued to said William Gray Treasury pay warrant-numbered 8960, dated the Constitution, in section 5 of Article I, provides that-- September 20, 1865, which warrant was paid on a forged indorsement of the name of said claimant, without his authority or knowledge, and for which he Each House shall be the judge of the elections, returns, and qualifications of has never received any benefit whatever, and to pay said reissued warrant out its own members. of any moneys in the Treasury not otherwise appropriated. That we all agree about. Now, that is the highest authority for 1\fr. SAYERS. I ask the gentleman from Illinois to state whether taking action here to determine the right of any claimant to a seat on he has in his possession the facts to prove the allegations set forth in this floor. In pursuance of that provision of the Constitution a con his amendment? test is provided for, either by one claiming the seat a-s against a party Mr. SPRINGER. I have the letters of the Treasury Department, _ ,holding the certificate or on a petition of citizens. Then it is provided . showing that his signature was forged and that the money wa.s paid to _ by statute that 'vitnesses may be called; the power of the judiciary the wrong man. I will ask that these letters be incorporated in the may be invoked to compel witnesses to testify, to punish them for con RECORD. - tumacy or for refusing to testify, or to do that.which is necessary to Mr. CANNON. Why did not the Treasury Department call on the enable the House to be put in possession of the facts which will enable indorser? it wisely and justly to determine the question. Mr. SPRINGER. It was twenty years before the fact was discov Mr. HEARD. I would like to ask the gentleman-one question. ered, and the parties who drew the money are un~own to the Treas Mr. BU'.CTERWORTH.- In one mom eat I will yield. ury Department. I ask the papers be printed in the RECORD. Thnt right with reference to contested elections devolves upon each .Mr. SAYERS. -Let the papers be printed in the RECORD, and I ask Honse. In other words, it is the right of the House which forms a part the amendment be laid over for the present until we come to that por of the Congress in which the contestant and contestee claim a seat as tion of the bill where it will more properly belong. contradistinguished from any other Honse or Congress. Now, the Ur. SPRINGER. I do not object to that. Fiftieth Cpngress may not determine 1or the Fifty-first Congress what The report made by Mr. SHAw, from the Committee on Claims, is shall be expended in the matter of reaching this result. as follows: Mr. HEARD. Is not the Honse bound by the law as it finds it on This bill was favorably reported by the Committee on Claims for the Forty the statute-book? ninth Congress. It provides for the issue to the said William Gray, late a pri vate of Company D, First Regiment of New York (Lincoln) Cavalry, a warrant Mr. BUTTERWORTH. I am coming to that. for the sum of $174.43 in full for claim heretQfore allowed by the Treasury De If this Congress may not bind the Fifty-first Congress in the matter partment and for which claim the Department issued to the said William Gray Treasury pay warmnt No. 3960, dated September 20,1865, which warrant your of expenditure, why not? Beca~e it is not constitutional to make committee are of the opinion was paid on a forged indorsement of the name of. such a restriction. Hence a Jaw undertaking to make that restriction, said claimant, without his authority and knowledge, and for which he never undertaking to deprive the Fifty-first Congress of the power to utilize received any benefit whatever. The committee refer to the inclosed corre spondence and report from the Treasury Department herewith submitted and the ordinary agencies to reach a wise and just determination, is uncon made a part of this report. In view of the facts stated in said communication, stitutional, a.nd such a law, if unconstitutional, can certainly have no the committee respectfully recommend the passage of the bill. binding force. Now, the rule which my honorable friend cites can hardly be con TREASURY DEPARTMENT, THIRD AUDITOR'S OFFICE, sidered as expressive of or responsive to a provision of law which is Washington, D. 0., March 24,1886. unconstitutional. My friend says, shall wenotobserve the law on the SIR: I have the honor to transmit t<> you herewith a report of Oscar J. Har~ vey, chief of the horse claims division of this office, relative t<> the case of Will statute-book? The point I make is that the law is a nullity, because iam Gray. it undertakes to restrict the power Of the House to exercise its highest Very respectfully, yours, constitutional prerogative. W. H. WELSH, Acting Auditor. Hon. W. M. SPRINGER, Mr. HEARD. Will the gentleman allow me one question? House of Representatives. Mr. BUTTERWORTH. Certainly. Mr. HEARD. Does not the gentleman's theory authorize either branch of Congress travel entirely outside of the regulations fixed by TREASURY DEPARTliiENT, THIRD AUDITOR'S OFFICE, to Washington, D. 0., March 22, 1886. the act of Congress for the government of these election cases? SIR: I have the honor t<> transmit t<> · you herewith a report relative t-o the .Mr. BUTTERWORTH. Oh, no; when the regulations are reason horse claim No. 7392, of William Gray, lately a private in Company D, First nble. . Regiment of New York (Lincoln) Cavalry. This claim was n.llowed by the accounting officers of the Treasury in Sep Mr. HEARD. One further question. tember, 1865; and from the records of the Treasury Department it would ap Mr. BUTTERWORTH. That would reduce the amount of ex pear that claimant was paid on November 8, 1866, $174.53, in full for said allow penditure to a mere nominal sum. My friend may as well wipe it out ance. A bill (No. 6411) has lately been introduced, and is now pending in the House altogether. He takes my life who takes away the means whereby I of Representatives, directing the Secretary of the Treasury t<> issue to William live. Gray, lately a private in Company D, First Regiment New York (Lincoln) Cav alry, a warrant for the sum of $L74.43, in full for his claim, heretofore allowed Mr. HEARD. Does it not place the matter in this position, that it by the Treasury Depastment, and for which claim the said Department issued is a matter entirely in the discretion of either House of Congress, ac t<> said William Gray Treasury pay warrant numbered 3960; "which warrant cording to its construction of its rights, to determine as to these elec was paid on forged indorsement of the name of said claimant without his au thority or knowledge, and for which he has never received a.ny benefit what-' tion contests? Under the same Constitnt~on both Houses of Congre::;s ever." _ _ have passed a law providing a limit to the allowance to be made in Respectfully, yours, these contested-election cases for expenses. OSCAR J. HARVEY, Mr. BUTTERWORTH. Unquestionably; and as it has done so, I Chief of the Horse Claims Divisi Grey. the cl&im nt. With these Affidavits was filed n. .request, written at the sued in settlement of the claini of William Grey, and obtain~d the money llpO'q time in the office of the Third Auditor, in the following words: the~ aft~ indol'sing, 'Or causing to be indoreed. upon it, the name of "Will· I· "JUNE 9,1865. iam Grey.'" OSCAR J. HARVEY, "Sm: As I am not able to give a. home address whlch will be at all definite Uhkf of the Horse Claims Division. pleas e send any communication relative to my claim for the va.lue.oi a h1>rse and equipments lost in the Unit ed States service toM. R. Pierce, 486 Eleventh street, The CHAIRMAN. The amendment will be passed ·over for the pres Washington, D. C. , who will forward it to my address. "~.A. GREY." ent. :1'\ir. CANNON. I ask, by unanimous consent, ~at the Clerk omit The following indorsement appears -on these pape1-s in the handwriting of reading the judgments of the Court of Claims. Mr. W. S. Stetson, at thllt time a clerk, and now & .chief of division in tiLe Third Auditor's Office: There was no objection, and it was ordered accordingly. Mr. SAYERS. Now, Mr. Chairman, inaBmnch a.sthatorderhaabeell "Made special byAudLtor, as claimantstatest.b.atl\1. R. Piercereoceives no com- made, I will ask on page 52, in line 6, to correct the spelling M the pensation., but merely acts as a. friend. ,, W. S. STETSON." word '~Rodgers " by striking out the letter "d." The above-described papeTS were ~uly filed in this office, and the case was The amendment was adopted. docketed and numbered 7392. It was subsequently examined by the account The Clerk read as follows: ing officen~ of the Treasury, and on September 13, 1865·, an allowance of $174.43 was made in favor of the claimJU'It. On the 23d of September, 1865, Treasury CLAIMS ALLOWED DY THE ll'mBT .COMPTROLLER. draft No. 2692 was issued on Treasury warrant 3960 for $174.43, payable to the State Departmen.t: order of ''William Grey, private Company D, Fil'st New Yo:rk (Lincoln) Cav Foreign intercow·se: For salaries, consular service, $1,271.81. alry." This draft, as the records of the Trensury Department show, was sent to M. For relief and protection of American seamen, $5. B. Pierce aforementioned. The draft was subsequently paid by the Treasurer Treasury Department: of the United States, and is now on file in this Department. It bears the follow- For salaries and expenses of collectors of internal revenue, $21.86. F~r contingent expenses, independent treasury,$6. ing indorsements: - ·L "William Grey, late pri>ate Company D, Fi.J:st New York (Lincoln) Cav- Mr. BRECKINRIDGE, of Kentucky. Mr. Chairman, I offer the alry.'' 2. "William Wells." amendment I send to tbe desk, to come in at the bottom of this page / 3. "Pay ordeT National Park Bank. 0. N. Mineum." 56. 4. "Cash check!' The Clerk read a.s follows: 5. "For collection for account of National Park Bank of New York. "Pay to the o.rder1>fl\lessrs.Lewis Johnson & Co., Washington, D. C. Also the sum of $4,{4.0, th balanee due the Mississippi Central Railroad Com· "F. W. MINER, pany, upon the books of tiLe Treasury Department, for which fifteen drafts were "PerJ. L. WORK, made and not paid upon presentation. "Oaahie1·." Mr. SAYERS. I reserve the point of 01-der upon the amendment. l 6. "Lewis Johnson & Co." Upon the face of the draft is stamped, "Paid by Treasurer U.S., 8th Novem The CHAIRMAN. Where does the gentleman desire this to come in?, ber 1866." Mr. BRECKINRIDGE, of Kentucky. Inasmuch as a deficiency bill • 0~ the 28th of August, 1866, there was filed in thfs office a power of attorney which purported to have been executed by William A. Grey, of St. Louis,l\Io., is something like a dictionary, I suppose it does not make a. great deal who constitu~ and appointed Weston Flint, of ~t. Louis, Mo., his attorney to of difference where it comes in; I suggested, however, the bottom of prosecute a claim for an amount due said Grey "for the loss of a horse while this page. : serving in Company D, First New York {Linooln) Cavalry Volunteel's, said horse Mr. SAYERS. Let me the gentleman from Kent.ucl.-y a ques being killed on or about the 15th 1\Iay, 1864, at New Market, Va." ask This power of attorney was duly executed and acknowledged on the 30th ti.on; are these audited claims? Jnlr, 1866, before W. B. Thompson, a notary public of St. Louis, Mo. !fir. BRECKINRIDGE, of Kentucky. I think so~ B'efore transmitting said power of attorney to this office Weston FHnt, the Mr. MORGAN. It is the same case that was before the House a day grantee, made the following i:ndorsementnpon it: or two ago. "ST. Louis, Mo., .August 24., 1866. Mr. SAYERS. Is it the amendment you withdrew? "The within-named man infonns me that he has written in regard to his claim, Mr. BRECKINRIDGE, ofKentucky. Yes, sir. and that an application bas already been made by him. "WESTON FLINT." Mr. SAYERS. Then I will simply ask that avoieoftf:tecommittee be taken upon it. It is not germane to this part of the bill The acknowledgment 1>f the receipt of this power of attorney was made as Mr. BURROWS. ls the point of order reserved? follows: "TREASURY DEPARTMENT, Tn:mD AUDl:TOR'S OFFICE, Mr. SAYERS. I reserve the voint of order that it is not germane " Washingt{)n, D. C., September 1,1866. to this portion of the bill, but am willing that the committee shall pass "SIR: In reply to your letter of August 24, inclosing & power of attorney in upon it. your favor, relative to claim of William Gray, for value of horse lost, and num Mr. BRECKINRIDGE, of Kentucky. I wish to put in in view of bered 7392, you are respectfully informed that on the 13th of September, lB65, 1 an award for the amount of $174.43 was made in favor 1>f William Gray; and what baa been said in. regard to this amendment, certain papers, and I that a draft. for same amount was directed to be sent claimant in care of 1\I. R. think this is due all around after what occurred the other day. I ask' Pierce, his agent, 486 Eleventh street, Washington, D. C. · the Clerk to read first a letter I adflressed to the Auditor and also his "Ve1y respectfully, "JOHN WILSON, .Auditor. respense, and then I will send a statement of the account, without ask "WESTON FLINT, Esq., ing to have it read, to be printed in the RECOBD. "St. Louis. Mo." The Clerk read as follows: On the 26th of December, 1855, Ron. H. "\V. Slocum, of Brooklyn, N. Y., ad dressed a. letter of inquiry to this office relative to the status of the hoTSe claini HOUSE OF REPRESENTATIVES, UNITED STATES. of William Gn~y. He was informed by this office on the lith of January, 1886, WashingWn, D. C., Fd»-uary 25, 1889. that said claim had been allowed and paid. The SIXTH AUDITOR: On March 9th instant William Gray made an affidavit before Amos A, Rhodes, Will yon do m.e the favor to look at the OoNGBESSIONAL RECOIID for Saturday circuit clerk of Christian County, Illinois, setting forlh that he was a private in and r-ead the proceedings in the House as to the 'Claim of the Mississippi Rail- , Company D 1>f the First Regiment New York (Lincoln) Cavrury in the war of road Company, and then send me astatementconcerning it? And if the drafts the rebellion; that on the 13th day of June, 1865, he filed with the Third Auditor were r eturned, may I ask that I be permitted to exhibit them to the House, a of the Treasury a claim for $176.50, as .em:npenaa.tion for the loss of a private w e ~vil1 r esume the consideration of t.his bill at 11 this morning? I would b6 horse and equipments at New Market, Va., on May 13, 1B64; that after filing gla d to hear from you as near to 11 as you can. said claim he never heard wliether it was allowed or not until the letter from Ve:ry truly, the Third Auditor of the Treasury to Ron. H. W. Slocum was .received. Said 'Wrii. 0. P. BRECK.INRIDGE. William Gray ful'ther swears that he never received anytWng on the draft men tioned; that he did not sign his name to it himself nor authorize any other p er Mr. BRECKINRIDGE, of Kentucky. The committee will notice son to sign the same, and tkat he never saw the draft nor heard that it had been that that is a letter from me asking the Auditor to simply look at what allowed until he received the letter above mentioned. On the lBth instant the above-mentioned affida vit was referred to this office occurred and give me the evidence in the case. I ask now that the by the Committee on Claims of the House of Representatives, with the request Auditor's letter be read. that the same be examined in connection with the paper on file in horse .claim The Ulerk read as follows: 7392, of William Grey, and tkat a report be made from this office to the Com mittee on Claims relative to said case. OFFICE Oll' THE AUDITOR OF THE TREASURY In pursuance of such request I have cat·efully examined all of the papers FoR THE PoST-0FFlCE DEPARTMENT, • hereinbefore referred to, and have compal'ed the various signatures of William Washington , D. C., Februa111 25,1889. Grey, or Gray. The signature of ''Vm. A. Grn.y attached to the letter of re SIR: In compliance with your request of this date, I have the honor to trans.. quest, filed in this office with the original application for compensation, beat'S mit beTewith copies of the following Post-Office Department drafts issued A.u- ' no resemblance to the signature attached to the o.pplicati1>n, and in my opinion g ust 17, 1861, in fayor of William Goodman. president of ~he Mississippi Central the two signatures were not written by tho same hand. Hail.road Company, a nd returned to this office unpo.id and canceled: Nos. 2391. The signature attached to the power of a ttorney of "\'Veston Flint bears no re 2392, 2393, 2394. ::!3\16, 2397 t 23!)8, 2399, 2400, 2403, 2404, 2405, 2407 t 24<18, 2409. semblance whatever to the signature attached to the original affidavit and ap You are respectfully requ~sted to have these copies 1·etw·ned to the files in plication. The handwriting of the signature of "'Villiam Grey," indorsed on th is office. the back of the draft, resembles slightly the handwr.ting of the signature at- Very respectfully, - tached to the letter of request file d in the offi ce-on the 9lh of June,l865. The H. A. HARALSON, .Acting .Auditor. principal point of diif~rence is that the i ndor ement on the draft is simply Ron. W. C. P. BRECKINRIDGE, ''William Grey," while in the other s i ~ n n.tu re the initial "A" appears. H ow:e of .Rq>l'esentati t:es. A comparison of the signature a f.t.a"hed t-otbe affidavit of William Gray o f March 9, instant, with t he s ignature a t tach ed to the original application for Mr. SAYE R.~. Will the gentJem:m allow a statement? compensation ,fi led in tb.is office 0 11 t he 9th of June, 1 65, .convin~ s ~e. that the Mr. BRECK1NRIDGE, of Kentucky. I would like to ba.ve this two signatQres were wr1tt.en by one and the same hand. There 1a, 1t iLS trne, a difference in U1e spelling of the sunJ.n.me. I n U1e signature to the nppticatioJl stntement of aeeount printed in this connection. the name is spelled u Grey,'·' while in the s ignature of J.Ia.rch '9, instant, i t is 1\-fr. SAYERS. 1\1r. Chairman, I ask the gentleman t.o allow me to written "Gray." I a m sat i. tied, h o w eYer, t ha t both signatures w ere writte n by the same person. m;:.ke a statement first. My ()O(lclusiou is that 1\1. R. Pierce., who.evcr he was, procUTed the ·drait is- 1\Ir. BRECKINRIDGE, of Kentucky. Certainly. -. CONGRESSIONAL. RECORD-HOUSE. 2343 Mr. SAYERS~ The Chairwill reme-mhe.r that one of the points of be-inRerled. in this connec.tion1 so that. the co;_text will not be broken oroer I raised on this amendment before was that it was not germane up. ,to this portion of the bilL r desire to call the attention of the Chair The CHAIRMAN. It can be put in rura separate provLc:o in another and of the gentleman from Kentucky to the language of section 2 of part of the bilL tlie bill, and I have no doubt he will recognize the fact that this is. not Mr. BRECKINRIDGE, of Kentucky. I am speaking now of the the proper place for the amendment to come in. statement of the account, as I do not. desire to break the contin_uity of Mr. BRECKINRIDGE, of Kentucky. Let- me put this statement the subject.. . in, and then if the poinirof order is decided agains-t me all ofthefac~ I The statement referred to by- Mr. :B:&ECKTh'lUDGE, of Kentucky, I& jn the case will have been before the committee. - I would_like that 1t as follows: DR. The JHississippi Central .Railroad Company, contmctar, in. accotmt 1nith. the United States. CR. ----~------~------..----~------~------. -/ Amount. No. Amount. No. Drafts. To the following-cfeseribed auditor's w-afts, namely: Route 'T4I2, Mississippi, by transportation, from A.priL1 to $7,700.00 8680 October 6, 1860, on E. J. Braclren,lata postm.aste~, Holly $1,2.82.89 Ma-y 31., 1861, in accordance with order ofPostmastel."-Gen Springs, Miss. eral, dated.July 25,1861. 962 May 11,1861, oaG. M. Dugan, late postmaster Grand.Tunc- 107.96 By the following Auditor's-drafts r.etnrned and can tion,Teno. • - ceied, namely, on- 963 May 17, 1861, on. E. J:. Bracken, late postmaster, Holly 605.73 239]. William Delay, po:.tmaster; Oxford, Misa ... ~ ...... 2,955.05 Springs. Miss. 2392 E. J. Bracken, late postmaster, Holly Springs, Miss ...... 530.00 2391 August 17,1861, on William Delay, postm.aster,Oxfoid,Miss... z,-955.55 2393 J. L. Kendal,late postmaster, Oxford,l\1iss ...... 280:00 132.02 2392 August I7, 1861, on E. J. Bracken, late postmast~, Holly· 530.00 2394 D. L". Mosely,latepostmaater, Oxfo-rd, ?tfiss...... Springs:, Miss. 2396 &. C. Baines, I&te postmasterr Varden,l\Iiss ...... 120.CO 2393 August 17, 1861., on. J.. L.Kendal,late postmaster, Oxford, 28.0. 00 2397 A. Roy, postxnaster, Middleton, 1\Iiss...... 30.00 2398 B. Gerell, late postmaster, Lockh::ut's-Store, Miss ...... tffl. 6 1\fiss. 23.(10 2394 August- IT,186l,on D.L.Mosely, fute postmaster, Oxford, 132.0~ 2399 J. M: Kelly, postmaster, '£arrauce, Miss.. - ...... 1\Iis& 2400 PeterScales, post-masteJ:, Scales, Miss ...... 14,('0 2395 August 17, 1861, on L. Lawshe,postmaster,Spring Dale, 15.00 2402 William EriestJy,lt:Ue postmaster, Canton. Miss-...... zoo.na Miss. 2403" J. A. Cason, postmaster, Durant. l\r1B3 ...... lA!'i. £0 2396 August 17, 1861, on S.C. Baines, late postJnaster, Varden, !20.00 2404 Thomas Allen, poslmasle:F, Duck Hill, 1\fiss...... 47.50 l\Iiss. 24D5 T. J. Dobyns, postmaster, Goodman, :r.fus.... m ...... 5·r. OJ August 17,1861, on A. Roy, postmaster, Middleton, MisE> ... 30.00 2400 W. H. Hawldns, poslimasta;.Grellildft,.Miss. (sbor.trpaid)_ .. . 3. ] · ~ 2397 Jll.IU 2398 August 17, 1861, on P. Gerell, late postmasteJ:, Lockhal\t'!F 49.86 24_07 A. D .1\roore, postmaster, Hays Creek, 1\Ilss ...... •...... ' Store, 1\fiss-. 2.4.08 L. Falkenberg; postmasta·, W aterlord, Miss...... 15.(0 2399 A-ugust 17, 1861, on :r. M. Kelly, postmaster Torrance, Miss:. • 23'.00 2Ml9 T.J:'. Wcs~postmaster, Water..Valley, :Miss...... 3.0.00 2~00 August 17, 1861, on Peter Seales, postmaster, Scales, Mi&t.•. 14.00 24.01 August lT, 1861, o.n.R. R. Campbell, postmaster, R.ichland, 170.00 Mi53. 2402 August 17,1861, on William Priestly; late postmaster; Can 200.00 ton, Miss. 2403 August 17,18&1, on J. A. Cason, postmaster,Durant,M.i.s.B.. 145. . go_ 24{)1k August 17,1861, on Thoma&.A.lien, postmaster, DuckiDll, 4T.50 1\-Iiss-;. 2405 August 17, 1861, on T. J. Doi>yns, postm~ster, Goodman, 50.00 1\fiss. 2406 August-17,18"61, on W.-H. Hawkins-, postmaster, Grenada, 30.00 Miss: - · f< 2407 August 17; !801, on A. D. Moore,:Qosbnast:er; Hays creek, m:oo Miss; 2408 August 17, 1861, on L. Falkenberg, postmaste~:, Waterfm:d, ll).()(J Miss. 2409 August 17, 1861, on T. J:. West,_ postmaster, Wat-er. Valle-y, 30.00 . Miss. To warrant No. 71M,.August 16, IB6l, on assistant treas:rrrer 855.63 atll.~w-York. To. balance...... ,,,.,_.,..,,.,., ... ~ ..... ~ ...... ~u : ...... u... 4,63(}.01 12,336.-0I 12,336.01 ' Bybal811e& ...... u,. .. , .... n ...... ~ -- 4; 636. Ol OFFmE: OF niE.' AtiDITOE OF' THE TBEA.suR'Y JroR" THK" Pasr-OPFI:CB" DEPABTIIIENT, Waahingtorr, D~ a., FelWuarg ~1889,._ H". A. HARA:LSOE, .t:[ating Audi!or. I non~ w. c. P. BBECKINRIDGE, House oj Representatives. Mr. BRECKINRIDGE, of-Kentucky. rhold in.myhamiacopyof of them were audited and duly ce-rtified to CongreBS fol' payment. I .- the drafts :nn.med1 shomng that the originals araon the- files of the recollect veTy well that- when they were being considerf>d the-gentle office of the Slxth A_uditor canceled and n:n12aid, thus- showing- that man from Texas [Mr. REAGAN], then a member of the House, and the record bears out the statement I maae the other day, and that the formerly postmaster-general of the- COnfederacy, spoke to the proposi drafts were in payment-of a balance due, which has-not-been liquidated; tion. The gentleman from Michigan, then :i membeT·of this body Mr. tha. t these diafur. were returned un-paid and were canceled by the De Willitts, as I recollect, moved to strike the item out of the bilL partment, and that the cfui.m. is one standing on the books of the De The gentleman from Texas- was then quite confident that tliese partment,. which sta.te of fucts is induJ)itabl:y d'emonstrated by tlie claims had never been paid by the. Confederacy, although their pay papers I ha-ve presented. It Ur no.t, tlierefore, a;. question that-has any ment had been autliorized. And-in proof of that fact he showed that thing to do wfth the war or ante-belllml disput~, or anytliin.g.origin:ating our own auditing officer., after full investigation, had audited these in the Confederate government: claims just as· .these are au:dited and. certified UJ? to c-ongress. But I Ciiair of llfr. SAYERS. I desire a decision of tlie on. the question I'ecollectthegentleman from Michigan [Mr. CUTCHEO"' j brought from I I order. the Confederlrte' records after examination proorbeyon 2344 CONGR;ESSIONAL RECORD-HOUSE. FEBR"Q.A.RY· 26,. oppose the adoption of the amendment, with -the further statement from Kentucky was. I only took occasion to say what I have said be that if this amendment, which is to provide $4,000, should be made, cause this matter is beingcontinuallvpressed upon gentlemen from the then we ought to go on and appropriate for the four or five hundred Southern States! and I think it is well for everybody to understand the thousand dollars of other claims which stand upon all fours with it. real situation. Mr. BLOUNT. I do not see, sir, why this claim should be brought Mr. RANDALL. Many Houses have pas3ed upon this question a:l- forward by itself. It is but a representative of a class of claims run- versely. ning through the various Southern States that has been passed hereto- Mr. SA.YERS. Mr. Chairman, I take the floor now for the purpo3e fore; and I think if we aretotakeupthesubjectata1l thattheysbonld of affording the gentleman from Kentucky [~lr. BRECKINRIDGE] an all be provided for. In the Forty-fifth Congress there was placed in the opportunity to withdraw the amendment. ' sundry civil appropriation bi}l a sum of $350,000, as I remember, to Mr. BRECKINRIDGE, of Kentucky. Mr. Chairman, all I desired pay for contracts for carrying mail up to the period of the breaking out to do, unless the papers which I presented should be satisfactory to of t~e war. Immediately after the adjournment of Congress Mr. the committee, was to make up the record. This is a question that Sherman became Secretary of the Treasury and referred that legisla- is going to come up until it is settled. It is no excuse for a refusal ,to tion back to Congress with the suggestion that the Department was on- pay an honest claim to say that a dishonest claim has been paid. It able to say when the war commenced, whether at the secession of South is no excuse for refusing to pay an honest creditor that some one else Carolina, A.labama, or any one of the States, and submitted the matter has received payment who was not entitled to it. I simply de>ire to to Congress for additional legislation. In the succeeding Congress the make up the record at this time, and I now withdmw the amendment. Committee on Claims reported a bilJ. It did not appear in the appro- Mr. MORGAN. Mr. Chairman, if the ;record is to be made up it priation bill, as suggested by the gentleman from Illinois, but it came ought to be made up correctly. This is a claim in favor of the Mis on a bill from the Commit\iee on Claims providing for the payment of sissippi Central Railroad Company. There is no such company. The this class of claims. · road has been sold out under a mortgage, and it is now known as the It came up on a Friday. The gentleman from Texas [Mr. REAGAN], Chicago and New Orleans Railroad Company. There are two claim as bas aiready been st.ated, insisted that the Confederat~ government ants for ·this money, and here is a request to have the amount paid over had never paid any of these claims. That Friday passed withontany- to one of the partie.S. The· question ought to go to a committee to be thin~ being done. On the succeeding Friday the gentleman from adjudicated; to ascertain, :first, whether the payment ought to be made Michigan [Mr. CuTCHEON], a member of the Honse at that time, read at all, and second, to ascertain the right party to whom to make the a report of Judge Reagan, postmaster-general of the Confederate States; payment. recommending an appropriation and an act of Congress of the Confed- The Clerk read as follows: -erate government appropriating money for the payment of these claims. For fees of commissioners, United States courts, $26.10. It was a surprise to the gentleman from Texas and to all of us. There , ...... the matter dropped, and it has not been before any Congress from that Mr. 0 NEILL, of M~ssourx. Mr. Cbauman, I move to stnke out oay until this so far as I know. The claims were all audited, as my Itbe laet wo:d. I :find.m th~ RECORD that Senator GoRMAN, refet~ng friend from Kentucky [Mr. BRECKINRIDGE] says this was. They to the convict-labor bill wbxch passed the House, called the att.ent1on were audited and presented to the Forty-fourth Congress, and that is of the Se~ate to the fact that. the Senator from Ne~ Hampshire [Mr. the last one I think, so far as I know when any of them were pre- BLAIR], m charge of that b1ll, bad not reported It to the Senate, al sented. ' · ' Ithough the bill had been reported to the House nearly one year ago. :Now, so far as the validity of this claim is concerned, I have notb- The Senat?r from New Hampshire in his remarks said: _ ing to say, but as it represents a class of claims running tbrough·the Wb:o bas spe'nt much: time, perhaps, in talking with the Senator from Mary Southern States it seems to me that the whole subiect had better be !land m re[eren<7 to thiS sall?-e m~tter a~ well as other Senators-I have thought • • • • J • • that be m1gbt diSpose of leg1slahon wh1Ch we sent to the House of Repreaenta- . ,. diSposed of at one time, rather than allowmg someparttenlar claim and tives early. For instance, we passed a bill here at the last session which b~, d leaving the great mass of them untouched. · reference to the paymeJ:lt of the arrears that are due to Go;ernment employts and which they have been endeavoring to secure year after year, and that bill MESSAGE FROM THE SEN ATE. bas been incontinently spru-ned and delayed by intent, as I think and as t!:.ose who are interested in the bill think: ' The committee informally rose; and a message from the Senate, by Mr. We sent them the education bill. 1\fcCooK, its Secretary, a.nnounced that the President of the United States having returned to the Senate, in which it originated, the bill (S. Now, Mr. Chairman, . the Senator certainly knew or should have 3646) for the relief of William R. Wheaton and Charles H. Cham-. known that the educational bill was not referred to the Committee on uerlain, of California, with his objections thereto, the Senate had pro- Labor of the Honse of Representatives. This House bas created a Com ceeded, in pursuance of the Constitution, to reconsider the same, and mittee on Labor as distinct from the Committee on Education. In tlre had resolved that the said bill be passed, two-thirds of the Senate previous Con~ress the House educational bill wa.s referred to the Com agreeing to pass the same, and that they bad referred the bill and the mittee on Labor, and was promptly reported back to the House. The objections of the President thereto to the Honse of Representatives for bill providing for the adjustment of the accounts oflaborers passed the action. SenateJnlyl7and was reported back from the House committee August The message also announced that Mr. PLUIIIB and Mr. pADDOCK bad 2, and was considered in the House October 10, December 5, and also been excused as conferees on the part of the Senate on the bill (S. 2511) during the month of January. We gave nearly all the time at the dis to provide for the disposal of certain public lands of the United States posal of our committee to the consideration of that hill. under the provisions of the homestead laws only, and that Mr. DoLPH I am aware ofthe motivetbatpromptstbesecriticisms. lam aware and Mr. TELLER bad been appointed in their places. that the claim agents who ~a~P- bounded our committee and '!orried It also announced that the Senate had passed bills of the following and annoyed members of this House .~ve not been content with the titles· in which concurrence was asked: efforts we have made to secnrerecogmtionfor that measure. Now, the A bill (S. 3894) to ratify and confirm an agreement with the South- Senator ce!tain~y knew in the first pla~e that that ?ill bad been consid em Ute Indians in California, and to make the necessary appropriation Iered _fully m tbxs Honse and that the f~Ilure to pass It was not due to any for carrying the same into effect; and n.eghge~ce on the part-of the comm1ttee. ~e knew t?-at the educa- A bill (S. 3737) for the relief of SterlinO' H. Tucker and others. tloual bill bad not been referred to our committee. Wh1le I do not pro- o pose to criticise the Senatorial courtesy the absence of which permitted DEFICIENCY APPROPRIATION BILL. him to refer to the chairman oftbe House Committee on Labor, I will The committee resumed its session. state that the Senator from New Hampshire can not escape the responsi- Mr:HOPKINS, of Illinois. Asi understand the gentleman from bility; tbatlastyearwhentbeGovernmentwascompelledtopurcbase, Georgia [Mr. BLOUNT], his position is, that all these Claims ought to under the law awarding contracts to the lowest bidder, from a Tennessee go to a. committee ~nstead of being tacked on an appropriation bill. penitentiary twelve hundred wagons, which cut such an important tig- Mr. BLOUNT. I think if one is tacked on that all ought to be put ure in the last canvass, that was due singly and solely to the neglect of on; but it seems to me, injustice to every member of this House, that the Committ~e on Labor of the Senate and ofthatSenator, Mr. BLAIR, as there bas been a question raised whether or not these claims have to bring that bill up for consideration. And every purchase hereafter been once paid, we should all feel better to provide for their payment made of articles from prisons during the present year is due to the fact after an examination of the records and report to this House; 1or I sub- that the Senator from New Hampspire bas neglect-ed his duty and bas mit that I do not believe there is any gentleman on this floor who, if he not given the Senate a chance to pass upon this bill. believed these claims bad once been paid, would ask or consent to their I propose for one to rivet the responsibility upon him, and let him payment again. I am ve1y sure, sir, so far as I am concerned,· that if shoulder it, of the pocketing for nearly one year of the '' convict-labor any constituent of mine has been paid by the Confederate government bill." I have personally appealed to the Senator to have it considered, for this service, I would not consent to a second payment, because it anu the representatiYes of organized labor have also appealed to him · ~~ would have no merit whatever. call his committee together for the consideration of this bill. He has Mr. RANDALL. I do not understand tltegentlemanfromKentncky :five days still remaining, and I earnestly hope that the Senator from [Mr. BRECKINRIDGE] to be pressing for a vote upon the proposition at New Hampshire, 1\Ir. BLAIR, who has always been considered a friend this time. I understand that his object is simply, in view of what oc- of labor, and whom I bavealwa.vs been willing to believe was an honest,: curred the other day, to make up a record so far as be bas presented earnest friend of the cause, will call his committee together and take, the papers. action upon this bill. If he tails to do so, then his partisanship ia' Mr. BLOUNT. I do ~ot know what the purpose of the gentleman stronger than his friendship for the people. · •. 1889. CONGRESSIONAL REOORD-HOUSE. 2345 Mr. CANNON. The Senator from New Hampshire having made a nry Department under appropriations, the balances of which have been statement out of order, as the gentleman from Missouri claims, and the exhausted or carried to the surplus fund. gentleman naving replied in the Honse, I suppose that one may be set Now, there was an appropriation out of which this could have been off against the other and the matter uecl:ned even. paidj but the balance of that appropriation was carried to the surplus Mr. O'NEILL, of Missouri. That is all right. I propose to with fund. Accordingly, in compliance with that law, which provided draw thepl'o forma amendment. The Senator from New Hampshire these amounts should be reported to Congress for its consideration, has h!li his inning over there. [Laughter.] - Secretary Folger, on the 14th day of JatJnary, 1882, reported the The Clerk read as follows: •' schedule of claims allowed by the several accounting officers of the CLAIMS ALLOWED BY THE SIXTH AUDITOR, Treasury Department, under appropriations, the balance of which have For deficiency in the postal revenue 1866 and prior years, except the claims of been exhausted or carried to the surplus fund under a provision of the Central Branch Union Pacific Railroad, $14,151.46. section 4 of an act of June 20, 1874," which I have cited. In that Mr. McRAE. I offer the amendment which I se"nd to the desk. report, as stated in the amendment I have offered, the amount was The Clerk read as follows: certified as follows by the Sixth Auditor, under section 4 of that act, That the Secretary of the Treasury be, and he is hereby, authorized and ern which I ask the Clerk to read. powered to compromise, adjust, and settle all or G.ny part of the bonded debt of The Clerk read as follows: the State of Arkansas due to the United States or held in trust, upon such terms and conditior.s as to him may seem best for the United States and just to the said State after having examined and taken into consideration all the claims of Appropriatiop from A t the said State against the United States. .Claim. payable. whi~h I moun .• :Mr. SAYERS. I raise the point of order that this is new legislation . and has no place on this bill. M. C. Mordecai, mail contra-ctor: Deficiency in postal reve $3,333.33 Mr. McRAE. I hope my friend will not insist on that point of order. For allowance of one month's ex _nues, [879 and prior Mr. SAYERS. I do. • tra. pay, per order of Postmaster years. Mr. McRAE. This legislation has been suggested by the Treasurer ~neral, dated January 2, 1861, for discontinuance of service. of the United States, and it has been embodied in a bill reported from Contract pay, $40,000 per annum. a committee of this Honse. It is desirable both on the part of the Service discontinued January 4, "United States and the State of Arkansas that a proposition of this kind 1861. Route from Charleston, S. C., via Savannah, to Key West, should be adopted. It involves no appropriation, but simply vests in Fla. the execnti\"e officers of the Government the right to enter into nego tiations and settle this matter. The CHAIRMAN. The Chair sustains the point of order. Mr. DIBBLE. Now, Mr. Chairman, that claim has been adjusted Mr. DIBBLE. I offer the amendment which I send to the desk. and allowed. Under direction of an ad of Congress an appropriation The Clerk read as Jollows: was made which. provided for its payment, but the appropriation has Add to the bill the following: been covered back into the Treasury, and therefore tbat_amendmentis "To pay the heirs· of M. C. Mordecai, mail contractor, as per order of the Post master-General, dated January 2, 1861, for allowance of one month's extra. pay not obnoxious to the objection that it is not aut~Qrized by existing for discontinuance of service allowed by the Sixth AuditOr of the Treasury in law. That is what I understand· to be the point made by the gentle E:'tecutive Document No. 26(item 138), of the Forty-seventh Congress, $-3,333.33." man as far as I can appreciate it from the manner in which it has been Mr. SAYERS. I make the point of order that this claim against stated. the Government·, if it- has any validity whatever, should go to the Com Mr. HOPKINS, of Illinois. Will the gentleman yield to me for a mittee on Claims. question? _ The CHAIRM:..AN. What point of order does the gentleman raise? Mr. DIBBLE. Certainly. • Mr. SAYERS. It is not .a deficiency and does not belong in a de Mr. HOPKINS, of Illinois. Was not this claim brought up by the ficiency appropriation bill. On the contrary, it is new legisla~ion. _gentleman at the last session of Congress and ruled out on the point Mr. DIBBLE. Mr. Chairman; I really do not understand what is of order? the gentleman's point of order. This is an expenditure authorized by Mr. DIBBLE. I am perfectly willing to answer the eentleman in existing law under a contract made at the time. full on that point. The gentleman from Georgia [Mr. CRISP] was oc Mr. RANDALL. What is the date? cupying the chair as presiding officer in the Committee of the Whoie. Mr. DIBBLE. I will ask the Clerk to read the order of the Post- The claim was presented by my friend from Maryland [Mr. RAYNER], maSter-General discontinuing the service. and the point of order was raised against it. We were called upon at Mr. RANDALL. What is the date? the moment to produce the law authorizing it. The Chairman said that Mr. DIBBLE. Eighteen hundred and sixty-one. because the law was not produced he would rule it out on the point ot The Clerk read as follows: order. Now, at this time we have produced the law authorizing it. · PosT-OFFICE DxPARTMENT, Washingfon,January2, 1861. We have traced it as a contract authorized by law at that time, and a Sm: The Postmaster-General orders that t.he service on route from Cha.rles contract which the Supreme Court of the United States has twice said tou, S.C., via. Savannah, Ga.., to Key West, Fla.., and back, twice a. month, by the Postmaster-General had the right to make. I have shown that it steam-ship "Isabel or other steamers, if necessary," under contract with you of was a matter adjusted and allowed in the Department, standing on 3d October, 1860, at the sum of $40,000 per year, for and during the term com· mencing the 15th day of October, 1860, and ending the 30th day of June, 1864, be the books, and only failed of payment because of the lack of an ap discontinued, and one month's extra pay allowed on the amount dispensed propriation to pay it, the appropriation having been covered into the with. Treasury. So that we have now met the only objection urged in the This order to take effect immediately. I am, very respectfully, your obedient 11ervant, point of order that was made before or which can be made now. At HORATIO KING, that time, not expecting this point, we did not have the law at hand, First Assistant Po.~tmasttr·Genet·al. and for that reason, as I have said, the Chairman ruled it out of order M. c. MORDECAI, Esq.• Oharles!on, 8. a. the law not having been produced. M:r. DIBBLE. This is the extra month's paythereallowed. Now, Mr. SAYERS. I ask a ruling upon the point of order. Mr. Chairman, I cite section 817 of the Postal Laws and Regulations Mr. SPRINGER. One moment. I understand there was an act which authorizes the Postmaster-General to discontinue service, allow passed in 1874 which authorized the SEj_cretaryoftheTreasury to adjust ing, as fall indemnity to the contractor, one month's extra pay on the certain ante-wa1 mail contmcts. ~nd that an appropriation was made amount of service dispensed with. That is the law of the contract. That to pay sucn claims wnen adjusted. Further, that the Secretary pro law has been recognized and affirmed bythe8npreme Court of the United ceeded to adjust them and fOund that a larger amount was due than States. First, in the case of Reeside against the United States, in 8 had been appropriated, aud hence declined to make any distribution Wall ace, in w bich it held ''the Postmaster-Geneml had the power to dis of the amount under the appropriation. . continue or curtail service on any route on allowing one month's extra Mr. BLOUNT. If my friend from illinois will permit me, I think pay." In that case an unfavorable decision of t.he Court of' Claims was he is mistaken in that. The question was not as to the amonntappropri reYersed and the case remanded with dire:ctions to allow one month's a ted, but the appropriation act itself provided that they should be paid pay under the contracts. up to tbe commencement of the war where they bad not been paid by The same doctrine, Mr. Chairman, appears in 93 United States, 3 the Confederate government, and the Secretary of the Treasury was Otto, in the case of Garfielde against The United States: donotfnl as to the exact meaning of the term ''commencement of the There was reserved to the Postmaster-General the power to annul the corr wari" that is to say, whether it related to the passage of the ordinance tract when hisjudgmt nt advised that it should be done and the compensation to the contractor Wft.!!l specified. Au indemnity agreed upon as the amount to of secession by South Carolina, or the ordinance of Georgia, or some be paid for canceling a contract must afford the measure of damages for illegally other State, and be communicated these facts to Congress with a view refWling to award it. · of getting a construction of the words ''commencement of the war.'' In tbab case they decided judgment should be rendered to the appel Mr. SPRINGER. There was payment, then, of the amount under lant for one month's extra. pay under the proposal made by him and that act. accepted by the Postmaster-General. Mr. BLOUNT. No, sir. Further, Mr. Chairman, by the act of June 20, 1874, twentieth vol Mr. SPRINGER. And the appropriation lapsed? ume Statutes at Large, page 130, it was provided that the claim should Mr. BLOUNT. There was no payment under the aet, _and it ap be examined and allowed by the severaf accounting officers of the Treas- peared the next time in the shape of a claim, for this class of claims, '· . , .. 2346 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 26,. I ------~------as I have already stated, came up on Friday; .and the second bill, that : put upon an appropriation bill, and after full argument it wns de from the Committee on Claims, likewise provides where they had been ' termined by the Chair that t.he claim was obnoxious to· the objection.' paid by the Confederate government that they should not be paid'. _ Now, it s-eems to me that the J?Osition taken by the gentlem;m from :Mr. CANNON. Just there a moment, permit-me--- Georgia [Mr. BLo1JNT1 is correct, that this statute which h as' been 1Ir. SPRINGER. _Let us finish this matter first. 1 read bas no application-to this class of claims-. In legislating upon the' 1tfr. BLOUNT. Then came up the debate, aslhavestated, between subject s-et forth in the statute Congressdid not Irave in contemplation the gentleman from Texas, ltlr. REaGAN, and the gent!e.IIUln from tniscTa:s:wf claims at all. ThiS'clainuelates to something that occurred' Michiganr 1\fr. Willitt.s, which I need not repeat1 because: gentlemen, before the war. The statute referred to was to take charge of and many of them present, heard that discussion and know wllat took relates to cmrent claims since the war, and has no· contemplation o~ place. _ claims that existed before the war or-that grew out of the war. Now,· Mr. CANNON. This amendment, as I understand it, has nothing it seems to me that anyone:whcr would stop to read that section. of the to do with the so--called war claims for mail pay. In other words-,. this- statute would see tbat that is correct'. Now, let us look at t1Hs claim' service was discontinued in January, 1861,. and tnat then the month-'s itself. These gentlemen say it is a just claim. I contend that all of pay was due some time before the secession ordinance was adopted' by these claims should go to a committee of this !rouse to consider them.' South Carolina. We have h~d arr experience here this morning in a claim presented by Mr. BLOUNT. That is true. the ~tleman fi:om Kentucky [Mr. BRECK.INRIDGEJ that should warn . Mr. SPRINGER. This was- disconthrued; I understand, on account this House. from permitting any one of them ever being put upon an of the occunence of wa.r; that. is, this contract was discontinued, and approp-riation bill. the claims have been regarded as matters unadjusted and pending, 'rhe gentleman from Kentucky, whose h1gh position in this House which ,have not been audited claim-s reported upon by the accounting m11 not be.questioned, whose' integrity and honor are above question, officers of the Government, bu.t have been always regardedas unad- presented a claim which he said, as I remember, wasa1rrst ci-aim; yet justed. the gentleman from Mississippi [Mr. MoRGAN], who- hadinvestig:rted Mr. DIBBLE. That is a mistake as to th1s case. it, stated wha~ was new to the House, that there were two claimants Mr. SPRINGER. These claims have not been adjusted and can not to that cJaim, and that there were grave doubts' a~ to whether it should come before Congress in the shape of adjusted claims passed upon by be· allowed t-o either- of them. the accounting officers of the Department. They ha'Ve not been so re- I simply say thi:s· as an illustration to guard this Committee or the garded. Whole and this House against p-ermitting any· of these claims to be Mr. DIBBLE. l\1r. Chairman, the best answer to that proposition tacked upon an appropriation bill. If it is a jnstclaim, one that should is th!lt they have been,. undex direction.o.f Congress, adjusted and al- be allowed, it" s-hould go to a committee- of this House where ib can be lowed by the Department, and reported by Secretary Folger; and jnvestigated and all the facts relating to it be' reported to the·Housein furthermore, the decision. of the Court of C.'Iaims has s-eparated these a report of a proper committee·. I contend, sir, when a claim of this claims from tbe one month's extra; pay orr a discontinuance of' the con- kind iS' presented we should not only test the merits of the claim, but tract from all other classes of claims of the mail service; and they have we should also look into the question of the loyalty of the cfaimanil. been decided by the Court of Claims as not coming under the provis- We ru·e denied that here. I simply use tl1is argument to, show t·he ions- of the act to which the gentleman fi:om Georgia bas referred, and Chair that: npon all questions.of this kind' the doubt should be re.solved stand on a footing of their own, because byno 1..-ind of possibility could against the claimant.. they have been ass-umed and paid by the Confederate States. ~r. SAYERS. :rtfr. Chairman, it occurs fo- me that- there has been 1\Ir. BLOUNT. Does my friend from South Carolina say that Con- snfiicient debate- upon this point o.f order;. a:nd.lL D.GW ask. fOl' the ruling gress passed legislation directing the Treasury Department to report of the Cha:il'. , upon this class of claims? Mr. SPRINGER. Before that ruling is made I desire to :ma.k:e a .Mr. DIBBLE. Yes,•sir. 1 read it just now. statement. I find that I was· in error in reference to thiS' claim. It Mr. BURROWS. What act was tbat? was allowed by the Treasury Depa~-tment in pursuance of the act of Mr. DIBBLE. The act of 187A, section 4. June 14, 1878-, as staten by the gen.tfeman frmn South. Caroliuru, as- is The CHAIRMAN. The Chair would like to hear that read again. found: on page 78- of the Executive-· DoC1IDlen~ No. 20, fhst session 1\b. HOPKINS, of illinois. The law- under which they claim the Forty-seventh Congress~ But while. I see that itr fir all-owed as- one of right-- the claims coming underthat section of the act, I fail to se&the: eon- The CHAIRMAN. Will the gentleman from ffontlr Carolina state nection between the act itself aud: the report of the Secretary~ the date of the act? J.\.1r. SA"i'ERS. I ask fOD the mling of the ChaiT. 1\Ir. DIB13LE. June 20,. 1874. These claimS' were audited by the The CHAIRI\1AN. The Chair is not withou.t doubt upon this ques- accounting officers under the act: tion, but in view of the hasty eram-tnatioa he- has. oee-n permitted to r.I;'he Clerk read as follows: make, and in the light of the discussion he snstains t.he. pofut:of order. And it shsoll be the dnty of the B"evcral accounting. officers of. the Treasury to ~fr. RICHARDSON. I offer the amendment. which I send ta tbe continue to receive, examine, and consider the justice lllld validiey of all clainis Clexk's desk.. under appropriations the balancesoof whieh have fleen exhausted or·canied' to The amendment was read,. ali follows.:. the surplus fund un:der the provisions o! said sectiom that may he brought be• fore them within. a pru:iod of fi.ve years. And the. Secretary of the Tre&Sury To enable the I'ublic Print-er to pay !'or e:lit:ra liolll'!fpe--r!arme.d in mailing C'or shall report the amounb due each. claimant, at the commencement of each ses GXRSSIONAL RECORD during the.fiLst and second' sessions of the Fiftietli Con sion, to the Speaker of th-e- House of Representa-tive&, who- shall lay the same gress, $530.18: before Congrel!s for consideration: Provided, 'l'hat nothing in this act shall be construed to autl1orize the re-examination and payment of. any claim or. account :Mr. SAYERff. I reseTVe the point of order upon that amendment whicl1 has been once e-xamined R.Ild rejecte Mr. SAYERS. I will state to the Committee of the Whole that the Printer has not violated the law in any respect; he has complied with Committee on Appropriations have no information whatever as to the the law. propriety or legality of this claim. Mr. CANNON. Then I make the point of order- Mr. BIGGS. You have the information here. MI. RICHARDSON. It is too late now. Mr. RICHARDSON. In reply to the gentleman from Texas (M:r. Mr. CANNON. If the Public Printer has not violated the law the SAYERS] I want to say that I have here the certificate of the superin money is there to pay for this work. tendent of the RECORD, showing that these employes have done the Mr. SPRINGER. You insist that he shall violate the law; our of work, and I think it is manifestly fair and proper that this small ficers do not do that. amount of $530.18 should be appropriated to pay them. They have Mr. BIGGS. I hope the gentleman from Illinois (Mi. CANNON] done the work, and they ought to be paid for it. does not insist that these people shall do wol'k and then not receive Mr. TRACEY. Ur. Chairman, it appears to me that the gentleman pay for it. from Texas (:Mr. SAYERS] can find no reason to object to the insertion r.rhe CHAIRMAN. The Chair sustains the point of order. of this amendment, for if the work has not been done the money cer Mr. SPRINGER. Too late! tainly can not be paid. Now H happens that I have bad acquaintance The CHAIRMAN. It is not too late. The point of order was re with one of the gentlemen to whom a portion of this money will be served by th~ gentleman from Texas. paid, the superintendent, and I have no doubt whatever that the rep l\1r. SAYERS. I ask unanimous consent to return to page 35 of resentations he has made to me are entirely correct. On general prin the bill for the purpose of correcting a name. I ask that in line 21, ciples I would not favor the adoption of an amendment giving money on that page, the name '' Berans '' be corrected so as to read 11 B"e- for work performed beyond the regul:u eight hours a day, because H is vans.'' · understood that the employes of the Government shall not be com There being no objection, the amendment was made. pelled to work more than eight hours; bu~ we know that during the 1\Ir. SAYERS. I ask, by unanimous consent, that the Committee of :first session of this Congress there was a great deal of extm work, and the Whole return to page 11, in order to reconsider the vote upon the it may be that the Public Printer was compelled to call upon these amendment allowing the present private secretary of the President employes to do this work at night; at all events they worked extra $6,000. That gentleman on the 23d of this month addressed a letter hours, and inasmuch as the work was performed it seems only l'ight to the gentleman from Pennsylvania (Mr. Scorr] in reference to this and fair that an appropriation should be made to enable him to pa.y tile amendment. I will read an extract from the letV>..r: amount that is justly due for such service. ExECUTIVE MANSION, Washington, FebruaNJ 23,1889. The CHAIRMAN. If there be no objection, the Chair will submit 1\Iv DEAR 1\fB. Scorr: It has just come to my notice that on your motion tho House, in Committee of the Whole, has adopted an amendment to tlte defi the question t{) the committee. ciency bill, making an appropriation of S6,000 to pay me the difference between Mr. SAYERS. Mr. Chairman, under all the circumstances, the my salary as privnt~ secretary to the President and the increased awount fixed .... - gentlemen who favor the payment of this claim having f~ lied to show as the ~ln.ry of my successor. While I deeply appreciate your personal int-er est and kindness, and the consideration of the committee, having accepted the any law authorizing the indebtedness to be incurred by the Public office with full knowledge of its pay and served four years without promise or Printer-- expectation of more, I prefer not to be the beneficiary of a retroactive appro . ~ Mr. BIGGS. But they have shown the justice of the claim. I there priation of this character, and have to request tha~ the vote referred to be re considered and the proposed amendment stricken from the bill. * * • fore ask the ruling of the Chair upon the point that there is no law upon Very respectfully yow·s, which this claim is based. DANIELS. LA.liiONT. 'The CHAIRMAN. The Chair will state, in response to the gentle- Hon. WILLIAM L. Scorr, man from Texas, that while it is true that this amendment is subject Bouse of Representative.s. to the point of order, there appear in this very bill provisions reported I ask unanimous consent that the amendment inserting $6,000 be by the committee which are su"Qject to the same point of order. reconsidered. Mr. SAYERS. Injusticetothe CommitteeonAppropriations I will :M:r. CANNON. I w~nt to ask the gentleman from Texas [Mr. say that the provision now in the bill, to which the Chair has alluded, SA. YERS] two questions: first, whether the President of the United is a general provision. The committee have not_, undertaken to allow States has paid ont of his own private pocket enough to make up that particular claims to special individuals. We have reported a general · sa.lary. provision authorizing the Public Printer to allow cert.ain additional Mr. SAYERS. I know nothing at all about that. percentage to parties who work during the night. ML CANNON. Then I will next ask the question, whether or lllOt Mr. RICHARDSON. I hope the gentleman from Texas will not it was arranged that the gentleman from Pennsylvania [Mr. ScOTT] insist on the point of order, the sum is so small and there is such man- should insist upon this appropriation in order to give the chance for fest justice in this allowance to tbese poor people. the writing of the letter which has just been read. l\1r. CANNON. I will for a moment insist on the pojnt of order, in Mr. SAYERS. No, sir; I do not know that. order that I may make an inquiry. Does this amendment include per- Mr. CANNON. Then I withdraw my objection. sons who work over hours? The CHAIRMAN. Is there objection to returning to the amend- 1\Ir. RICHARDSON. It includes those who were engaged in mail- meut which has been indicated, for the purpose of reconsiderinJr it and ing the CoNGRESSIONAL RECORD. I do not know any othe1 persons striking it out? who work over hours. I will say to the gentleman from Illinois that 1\fr. BRUMM. I object. if there are others who have worked over hours they have been paid; Mr. BLOUNT. We can reach the result by having a vote on .the but there was no appropriation to pay these persons for extra work in amendment in the House, and voting it down. mailing the CoNGRESSIONAL RECORD, which has frequently. been very The CHAIRMAN. A motion to reconsider is not in order at any Jarge, and has therefore been required to be mailed at a ]ate hour. In time in the Committee of the Whole; but the Chairi.hought for the this way the force engaged in this employment has been required to moment that by unanimous consent this amendment might be elimi work extra hours. nated from the bilL The Chair, however, upon reflection is of opinion l\1J'. CANNON. Does the gentleman mean to say that the Pubiic th?t the request to reconsider can not be entertained in Committee of Printer has violated the law by making anexpenditure for which there the Whole, even by unanimous consent. was no appropriation? Mr. BLOUNT. I have already suggested to my friend from Texas Mr. RICHARDSON. I am not prepared to say anything of that kind, that the object can be reached by having a separate vote on this amend and do not say it; but I say that sometimes it has been absolutely nee- ment in the, House, and voting it down. ;essary, in mailing the CoNGRESSIONAL RECORD, to run this force a lit- The CHAIRl\!A.N. The Chair was about to.suggest that course to ,tie over the time allowed, and in that way work for extra hours has the gentleman from Texas. \been performed, for which we now simply desire that Congress author- ENROLLED BILLS SIGNED. ize compensation. The commi.ttee informa1ly rose; and Mr. LONG. Are not these employes paid higher wages because they l\fr. ENLOE, from the Committee on Emolled Bills: reported that work at night? they had examined and found duly enrolled bills of the House of the· Mr. RICHARDSON. This is not for night work expressly- some of following titles; when the Speaker signed the same: the work may have been done during the day. A billlH. R. 325) for the relief of Mrs. Mary T . Duncan; Mr. LONG. Are they not, in fact, receiving a higher rate of pay A bill (H. R. 3721 } authorizing the President to appoint William than others? English an officer in the regular Army of the United States; Mr. RICHARDSON. No, sir. A bill (H. R. 5032) to extend the limits of the collection district of Mr. SPRINGER. I understand that these employes have performed Memphis; this duty. A bill (H. R. 7028fto admittoregistrythesteamerGeorgeH. Parker; Mr. RICHARDSON. They h3ve. A bill (H. R. 7066) providing for the establ1shment of a ltght-house1 Mr. SPRINGER. And there is no appropriation to pay them .for at or near the mouth of the Sinslaw Ri>er, in the State of Oregon, and: this extra duty. But ~he Public Priuter ha.~ been required to have this not to exceed in cost the sum of $80,000; sen ice performed-to have the RECORD mailed; and this force has gone A bill (H. R. 7186) to authorize the Leavenworth and Rio Grall de on n.nd done the work. Now, it simply rests with the discretion of Rn.ilway Comp:my to construct and operate a railway through the In-j ,Congress to determine whether we willva.y for it or not. The Public dian Territory, and for other purposes; : • •. -- 2348 CONGRESS! ON AL RECORD-HOUSE. FEBRUARY 26;] A bill (H. R. 11216) to authorize the Union Gas Company to lay con An act (H. R. 8406) to authorize the Secretary of the Interior to place duit pipes across the Ohio River; the name of Cara Curtis on the pension-roll. ; A bill (H. R. 11342) providing for the re-establishment of the light On February 26, 1889: house at Point Isabel, Texas; An act (H. R. 10301) for the relief of Emily Cross; A bill (H. R. 11643) providing for the establishment of a life-saving An act (H. R. 11430) to increase the pension of Harlan E. King; and station and life-saving crew at mouth of Coquille River, Oregon; An act (H. R. 11741) granting a pension to Alexander M. Boatright. A bill (H. R. 11901) to authorize the city of Lake View, Ill., to erect The message also announced that bills of the following titles, having a crib in Lake 1\!ichigan for water-works purposes; been presented to the President on the 13th instant, and not having A bill (H. R. 12113) for the establishment ofalight-houseandsteam been returned by him to the House in which they originated within fog-signal on the outer breakwater at the harbor Qf Chicago, 111. ; the ten days prescribed by the Constitution, had become laws without A bill (H. R. 12310) providing for the establishm~nt of certain lights his signature: · on the coast of Mississippi; An act (H. R. 8549) granting a pension to Louisa Rogers; A bill (H. R. 12414) to amend section 2579 of the Revised Statutes of An act (H. R. 11177) granting a pension to Christian Sanders; and the United States; and An act (H. R. 10025) for the relief of James T. Teeple. A bill (H. R.12431) providing for the construction of a steam-tender DEFICIENCY BILL. for service on the Great Lakes. The committee resumed its session. .Mr. FISHER, froni the Committee on Enrolled Bills, reported that Mr. SA. YERS. I offer the following amendment. they bad examined and found duly enrolled bills of the Senate of the The Clerk read as follows: following titles: Page 89, after line 19, insert: A bill (S.1319) granting a pension to. Anna Slater; "For compensation of the Secretary of Agriculture, $3,066.66. A bill (S.13ll)grantinganincreaseofpension toSamuelJ. Murphy, "For compensation of Assistant Secretary of Agriculture, $1,187.110." of .Marengo! Iowa; The amendment was agreed to. A bill (S. 2008) granting a pension to Cyrus Tuttle; Mr; SAYERS offered the following-amendment. -A bill (S. 2310) granting a pension to Rozalia Junk; The Clerk read as follows: A bill (S. 2334) granting a pension to Mary J. Byrd; Line 18, page«. insert: "To compensate Robert F. Arnold for legal services in A bill (S. 2344) granting a pension to Minnie A. Bailey; the prosecution of parties charged with robbing the United States mails, all A bill (S. 2690) granting a pension to John Gallagher; shown by estimate transmitted by the Secretary of the· Treasury, January 12, 1888, 31,000. tl A bill (S. 2758) granting a pension to Susan P. Murdock; A bill (S. 2759) granting a pension to James M. Frost; The amendment was agreed to. A bill (S. 2816) to authorize the construction of a bridge for railway Mr. SAYERS offered the following amendment. purposes across the Mississippi River between the States of Wisconsin The Clerk read as follows: and Minnesota, to be located north of and in the vicinity of the city of Page 39, after line 14, insert: "To enable the Postmaster-Ge.nera.l to pay the employes and late employes in the office of the General Superintendent of the Alma, Wis.; Railway Mail Service additional compensation for extra. hours of labor from A bill (S. 3091) granting a pension to John Corr; Aprilll to November 18,1885, inclusive, $258.75." A bill (S. 3198) granting a pension to Mary Murphy; Mr. SAYERS. In explanation I ask a statement be printed in the A bill (S. 3269) granting a pension to Tberesia Fichter; RECORD. A bill (S. 3309) for the relief of Mrs. Elizabeth E. Groff; It is as follows: A bill (S. 3387) granting a pension to Charles S. Hamilton; A. bill (S. 3421) granting a pension to Mary B. McVean; Statement o'J extra hours of service performed by clerks in the office of the A bill (S. 3423) granting a pension to Irene Rucker Sheridan, widow General Superintendent of the Railway Mail l)ervice from April 11 to of General P. H. Sheridan; · NovemlJer 18, 1885, inclusive, and am.ount of compensation at GO cents A bill (S. 3588) granting a pension tO Ellen B. Farr; and per hour. A bill (S. 3762) granting a pension to Nancy Polock. MESSAGES FROM THE PRESIDENT. Time Names.. employed. I .a..mount~ ~ . Several messages in writing were received from the President, by Mr. PRUDEN, one of his secretaries. It was also announced that the President had approved and signed, h.m. Thomas P. Graham...... 124 50 $74.90 on the dates indicated, House bills of the following titles: George W. Jackson...... 74 50 44.90 On February 25, 1889: Edward J. Fuller...... 73 15 43.95 An act (H. R. 10216l granting a pension to William Fowler; George C. F. Rogers ...... 62 50 37.70 John W.Hollyday...... 22 10 13.30 An act (H. R. 10337 granting a pension to John'"Ebert; W .D.McFarland...... 17 45 10.65 An act (H. R. 10474 granting a pension to Don.m Alford; James S. Gray...... 16 15 9.75 An act (H. R. 11993) gra.nting a. pension to Mary A. Long; George B. Clark...... 14 35 8.75 James L. Richardson...... 15 00 9.00 An act (H. R. 917) for the relief of Julianna Muller; JohnD.O'Connor...... 4 45 2.85 An act (H. R. 3766) for the relief of William Pfaender; S. A. Dougherty...... 5 00 3.00 - An act (H. R. 3112} for the relief of Phineas T. Richardson; ------1------An act (H. R. 11871) for the relief of Hardin County, Kentucky; Total...... 431 15 258.75 An act (H. R. 4789) for the relief of the heirs of George W. Sampson and Benjamin Henricks, of Austin, Tex.; Mr. SPRINGER rose. An act (H. R. 11604) to amend an act approved March 3, 1885, to The CHAIRMAN. If the gentleman from Texas bas gotten through authorize the construction ofbridges across the Cumberland and Caney with his amendments, those which have been reserved will be taken up_ Fork Rivers, in Tennessee; in their order, and the first in order is~that of the gentleman from Illi An act (H. R. 1244~) granting to the St. Paul, Minneapolis and nois [Mr. ANDERSON]. Manitoba Railway Company the right ofwaytbrough the White Earth Mr. CANNON. I wish to be just to everybody. Wha~ bas become Indian reservation, in the State of Minnesota; of the amendment to which I raised the point of order? An act (H. R. 424) granting a pension to Elizabeth Myers; A MEMBER. It is out. An act (H. R. 3888) 12:ranting a pension to Mary H. Stacy; Mr. CANNON. Iaskmycolleaguetosee, ifiunderstand it, whether An act (H. R. 5790) granting a pension to Mary Whitney: there is any money to pay for that service, any authority to the Public/ An act (H. R. 6535) granting a pension to Mary Gray; . Printer to pay out any money to employes not authorized by law? An act (H, R. 6598) granting a pension to Maria Brasted; Mr. SPRINGER. The Government Printer was authorized by the· An act (H. R. 7566) granting a pension to George W. Lloyd; rules of the House and by the law to forward to each member of Con-: An act (H. R.10639) granting a pension to John Y. Hopper; gressa copy of the CONGRESSIONAL RECORD. I An act (H. R. 10975) granting a pension to John H. Starr; Mr. CANNON. Did be do so? 1 An act (H. R. 11311) granting a pension to James Metcalf; Mr. SPRINGER. He did so, and in doing that the appropriation An act (H. R. 11736) granting a pension to Margaret M. Nugent; was not sufficient to complete the work which we required to be done.' An act (H. R. 11924) granting a pension to Annie Balser; Mr. CANNON. Why did he not stop? An _act (H. R. 12303) gran.ting a pension to Ester Gaven; Mr. SPRINGER. He was required to do the work, and no appro- An act (H. R. 7123) for the relief of Catharine Mutz; priation was made to pay it.. jl An net (H. R. 10780) for the relief of Benjamine E. Snyder; Mr. CANNON. I insist upon the point of order. . An act (H. R. 9408) granting an increase of pension to Stephen L. The CHAIRMAN. The point of order was made against the amend.J Kearney; ment of the gentleman from Illinois, which the Clerk will now report. An net (H. R. 12006) granting an increase of pension to Leonard Mr. ANDERSON, of Illinois. I withdraw that amendment, Mr. Schaefer; Chairman, and offer the fOllowingj to which I understand there is no ' ' An net (H. R. 12506) ~ranting an increase of pension to Patrick objection. Geraghty; and 1\fr. SA. YERS. I stated to the gentleman that I would not raise th• • 1889. CONGRESSIONAL- RECORD-HOUSE. 2349 ~ point of order against this amendment, as it provides no legislation, but .Mr. SPRINGER. I now call up an amendment on page 21, after is simply a resolution asking for information. line 11. · The amendment proposed by Mr. ANDERSON, of Illinois, was read, as The Clerk read as follows: follows: Be it enacted, etc., That the Secretary of the Treasury is hereby authorized and On page 15, at the end of line 24, insert: "That the Attorney-General be a~ directed to issue to William Gray, late a private m Company D, First Regiment thorized and requested to report to the Fifty-first Congress tbe legal status of of New York (Lincoln) Cavalry, a warrant for the sum of 8174.43, in full forh.ig what is known as the '2 per cent. claimoftheStateof Dlinois,' undertheactof claim heretofore allowed by the Treasury Department, and for which claim the Aprill8, 1818, the act of March 2, 1855, and March 3,1857; and also in connection said Department issued to said William Gray Treasury pay warrant No 3960, dated September 20, 1865, which warrant was paid on a forged indorsement of therewith what legal claims or offsets, if any, the United States has against said the name of said claimant, without his authority or knowledge, and for which State.'' he has never received any benefit whatever, and to pay said reissued warrant T"ne CHAIRMAN. Is there objection to the consideration of the out Of any moneys in the Tteasury not otherwise appropriated. amendment? The amendment was agreed to. , There was no objection. Mr. CAREY. I desire to offer an amendment to come in between lines Mr. BYNUM. I desire to include in that an inquiry as to the claim of 18 and 19, on page 9. the State of Indiana, and move to insert as an amendment what I send The Clerk read as follows: to the desk. That the next Legislative Assembly of Wyoming Territory may provide bylaw The Clerk read as follows: that the subsequent Legislature shall convene on a day in the month of Janu Amend the amendment by inserting the word "Indiana" after the word "D ary of each year following the year in which is held a general election for a Del• linois," and the word "acts" instead of the word "act," and the words "April egate in Congress, members ofthe Legislature, and other officers. 19, 1816," immediately.following the words "April18, 1818." llfr. SAYERS. I wantto reserve the point of order until I shall have The amendment to the amendment was adopted. heard the statement of the gentleman from Wyoming. The amendment as amended was agreed to. Mr. CAREY. I can state it in one sentence. It is to avoid having Mr. CAREY. I now desire to offer an amendment. annual elections in my Territory, to avoid electing the Legislature Mr. SPRINGER. There is a pending amendment which I call up. fifteen months before it is needed. And, as you are aware, in a new The CHAIRMAN. The next amendment is that offered by the gen- country the population is floating about more or less. · We have to tleman from Pennsylvania [Mr. BAYNE], which the Clerkwillreport. hold special elections in that Territory to fill vacancies in the Legislat The Clerk read as follows: ure before the time for it to meet. If we had organized a year before Line 14, on page 43, insert: or a year afterward this trouble would not have arisen. The law of "That the sum of S2,:H5.44 be, and the same is hereby, reappropriated, being the Congress provides that the Delegate shall be elected at the same time unexpended balance of the amount appropriated by the act of March 3,1885, for pay of the disbursing agent of the Coast and Geodetic Survey for the fiscal year as representativ~ or members of the Legislature and the county offi 1886; and that the same be paid to William B. Morgan, late disburslng agent of cers. The Delegate can only be elected once in each two years, and if. the Coast and Geodetic Survey, for allowance of pay from July 24, 1885, to_June the Legislature was elected at the same time that the Delegate is 30, 1886, inclusive." elected, the Legislature can meet on the following January. Mr; SAYERS. The point of order has been raised against that Mr. SAYERS. I withdraw the point of order. amendment. The amendment was agreed to. The CHAIRMAN. The gentleman from Arkansas [Mr. RoGERS] Mr. PERKINS. I yield for a moment to the gentleman from Illi- was presiding when the point of order was raised, and the Chair will nois [Mr. CANNON). - request him to resume the chair temporarily until this matter is dis Mr. CANNON. I only want a word, Mr. Chairman, on the amend posed of. ment offered by the gentleman from Tennessee [Mr. RICHARDSON] to ·Mr. RooEBS here took the chair. pay the amount of $500 to employes of the Government Printing 1\ir. BAYNE. It will be borne in mind, Mr. Chairman, that when Office. So far as I am concerned, I will withdraw the point of order this amendment was submitted byrne the -point oforderwas raised by that! made. I do not think that these men, who were required with the gentleman from Texas that there was no law authorizing this re out appropriation to work over hour~, ought to be held responsible for appropriation. The ·allegation was made by myself that this officer a violation of the law upon the part of the Public Printer, or for the bad been suspended. - The gentleman from Texas [Mr. SAYEBS] stated insistence upon the part of my colleague that he did not violate the that the officer had been dismissed. law. Mr. SAYERS. I said that was my ·information. , The CHAIRMAN. Ifthere be no o~jection, the amendment offered Mr. BAYNE. I so understood, that that was the gentleman's in- by the gentleman from Tennessee will be again submitted to the com formation. It turns out upon an investigation of the facts that the mittee. Is there objection? The Chair hears none, and the question gentleman from Texas was right and that I also am right. This action is on the amendment offered by the gentleman from Tennessee. illustrates the peculiar "transmogrification" to which our civil sys The amendment was agreed to. tem seems to be susceptible. This officer was summarily dismissed Mr. PERKINS rose. frpm his position, and for two years defended himself against accusa Mr. SAYERS. I have been trying to get recognition for the past tions that were shown to be entirely groundless and which were allowed five minutes in order to move that the committee rise. to be the cause of his dismissal. At the end of two years, or perhaps a The CHAIRMAN. The gentleman from Kansas has offered an little longer time, the letter of dismissal was withdrawn and he was amendment, which amendment must first be disposed of. reinstated, with one month's pay, and thereupon allowed to tender his Mr. PERKINS. I yielded two or three minutes before my amend resignation. · ment was read. Now, this letter of dismissal having been delivered to him early in 11Ir. SAYERS. I will reserve the point of order on the amendment, the year 1885, and that matter of dismissal having continued for two and permit the gentleman from Kansas to offer his amendment. years or two and a half years, and then, by the same competent au The Clerk read as fo11ows: thority which issued the letter of dismissal, it having been ·withdrawn, On page 49, aft-er line 11, insert the following: he having been restored, one month's pay and allowance allowed, "That from and after the approval of this act each Senator, R-epresentative and Delegate in Congress, who is not the cllairman of a committee which is al~ doubtless, out of this very identical appropriation which we now pro lowed a clerk, shall, during the sessions of Congress only, be entitled to a clerk pose to reappropriate, I ask the Chair wheth~r or not that restoration to be appointed and paid as follows, to wit: Such Senator mav, at any time after the beginning of each session, nominate to the Secretary ·or the Senate and the withdrawal of that letter of :lismissal do not restore him to such person as he desires t.o be his clerk, and thereupon said Secretary shall his former status, and if under the circumstances this proposition be enroll the name of such nominee in a. record-book, to be kept for that purpose, not admissible under the rules of the House? That is J;he whole of it showing the full name of such person and the State or place from which ap pointed, with the date of the same. Such Representative or Delegate may, at in response to the point of order. any time after the beginning of each session of Congress, nominate to the Clerk Mr. SAYERS. I will simply ask a ruling of the Chair upon the of the House of Representatives such person as he desires to be his clerk and point of order suggested by myself when the bill was last under dis thereupon the Clerk of the said House shall enroll the name of such no~inee in a record-book, to be kept for that. purpose, -showing the full name of such cussion and when this amendment was presented. This proposition person and State or place from whence appointed, with date of same. was presented a few days since when the bill was up for consideration, "SEC. 2. That the aforesaid clerks shall be paid out of the contingent funds of and the point of order, as the Chair will remember, was then made the respective Houses as other employ~s of the Senate and House of Repre sentatives, but only for the time they are actually present and in the service of upon it. the Senator or Representative by whom they are respectively nominated, each TheCHAIRM.A.N (Mr. ROGERS). The temporary occupant of the at the rate ofSIOO per month; and such clerks shall be removable at the pleas chair is not advised of any precedent upon this subject, and being in ure of the Senator or Rep:esenative at whose instance the appointment is doubt as to the ruling, is inclined to submit the question as to the made." · amendment being in order for the commiitee to determine. . Mr. SAYERS. I make the point of order that this legislation has Mr. BAYNE. Before that proposition is submitted it would be but no place on this bill fair to discuss the merits ofthe proposition. · Mr. PERKINS. · I hope the gentleman will not make the point of The CHAIRMAN. The Chair thinks not, but he will submit the order against this amendment, but will Jet the committee decide point of order to the committee. whether it is proper legislation or not. I desire to say to the gentle Mr. BAYNE. Thecommitteewould be scarcely able to determine the man from Texas that the Committee on Accounts has reported in favor · question unless it understood the merits. of this proposition, and I hope the point of order will not be insisted; The question waa put, and the proposition was decided to be out of upon; or if the Chair has any doubts upon the point ·of order, that the order. amendment be submitted to the committee. · ..... 2350 CONGRESSIONAL RECORD-HOUSE, FEBRUARY 26, The C.HAI.RM.AN. The Chair sustains the point of ordro:. mitt-ad to the Committee .on .Appropriations, with instructions to insert 'Mr. W ASffiNGTON. 1 offer the amendment whicb. I send to The the amendment wbich I send to the desk. desk. 1 The amendment was read as previously offered by.Mr. PERKINs and The amendment was read, as follows: printed above. '!l'hat the Clerk of the HotJSe be.autburized 'to pgy'to the officers and employesr Mr. SAYERS. Mr. Speaker, I make the point of order that it is not of rthe House borne on the oils on 'the 1st-da-y of December, '1887, -a. sum equal ! com:petentfortheHouse to instruct the committee to insert in the bill as to.one month's pay a.t the compensation then _paid them by law, the same to be ' an .amendment :a matter which .iis snbject to a point of order in the immediately a..va.ilable. House. Mr. SAYERS. I .reserve the point of order upon that amendment. The SPEAKER. The Chair-has frequently decided that the House 'The CHAIRMAN. The gentleman wills~ hispoint'Of-order. can not do indirectly in the way of amendment what it can not do di· 111r. SAYERS. My point is that there is nq authority .for the pay· rectly; and it is out of order to move to recommit a bill with instruc m&nt of that money-no law and no rnle of the Honseforit. tions to report back an amendment which would not be in order in the Mr. WASHINGTON. Mr. Chairman, a similar 11mendment to this House under the rules. The Chair sustains the point of order. The was offered and ruled upon on last Saturday, applyingto the employes question is, ShaTI the bill pass? of this House at the present time, and the House sustained the rulin~ lir. OATES. On that question 1 ca11 for the yeas and nays. of :the Ohair that the amendment was in order. An amendment like Many 11fEMBERS. Ob, no. thls bas also been accepted by the House on previous occasions. The The yeas and nays were not ordered, on1y 5 members voting in object of this amendmentis to.dojusbice to :the employes'OftheForty favor thereof. ninth Congress who came here at the beginning of the Fiftieth Congress The bill was then passed~ under the old Doorkeeper. When he went out they went ont, !Lfid I Jlt1r. SAYERS moved to reconsider the vote by which the hill was know that many of them .had :to borrow money to pay their way home; passed; and also moved that the moti.on to .reconsider be laid on tbe and this amendment is intended to do tard_y justice to those employes table. o'f the Forty-:ninth Congress. The latter motion was agreed to. 1tir. BIGGS. Mr. Chairman, I am decidedly in favor of this amend· · PENSION APPROPRIA-TION mLL. ment. I think it ought to he aaoptea, and I trust tne gentleman will withdraw his point of order. ML F(i)RAN. I :rise to present a "Privileged -report, tbe report ~f a committee of conference, which I ask the Oletk to read. Mr. SAYERS. I ask for the ruling of the Chair. "Mr. BIGGS. These employes came here and .rendered .faitbfu1 serv· · The Clerk read as follows: ice, and many of them bad not the means to ctet .home, and it is un- The -committee of conference on the disagreeing vote of the-two Houses on f" the amendment of 'the Senate numbered 1 to he .bill (H. R . TI658) making a.p- generous and illiberal to require those peor boys to come here and do propriations"for theJ>aymen-t of inva.lid and oliher pensions of the United States the work and then allow them .no compensation. I hope the gentle· forthetiscal-yea.r ending June so, 1890, ha..ving met, n.fte"I" full and free confer man from Texas, in justice, equality, humanity, .and for the love of =~~~if:!:~greed to recommend and do recommend to their respective Houses his country and the offspring of his country, will not insist ·on the T.ha.ttheHouserecedeirom its disagreement to'theamendment ofthe Senate point of order. [Laughter.] numbered 1, and agree to the same with an amendmen t as follows: T,he CHAIRMAN. The Chair ·will state that the question of order In lieu of the matter proposed to be inserted by said amendment, insert: "Aml providedfurther, T.hatn.check or cheeks drawn by a pension agent in upon which the gentleman from Arkansas [Mr. ROGERS] passed a few payment of,pension-due, and mailed b_y lrlm to the address of .the pensioner, days since was a proposition .relating to the compensation of tne iPresent shall constitute payment within the meaning of section 4765, Revised-Statutes, em.rilo_yes of the House. This ls a proposition w.hich relates i.o the com- in the event of the death of a pensione"I" subsequent to 'The CHAIRMAN. It wilL 1 EDWARD J. GAY, Mr .. PEEL. I am extreme1y anxious to get on :with the ..Indian ap- JOHN n. LONG, propriation bill. Jlanaoers on the part of the House. The motion that the committee rise was agreed W. B. ALLISON, to~ H.L. DAWES, The committee accordingly rose; and the Speaker ba.ving msumed ..A..P. GORMAN, the cbair, 11r. DOCKERY .reported -that ilie Committee .of :the Whole Manqgers..on the _part oJ the Ben ate. Honse on the state cor the U.nion had bad under consideration the bill The ifoTiowingstatement, submitted in .accordance WJ.th the rule, was (H. R 12571) making app:roprlations to supply deficiencies in the ap- -read: 1 pro_priations for the fiscal year ending June 30, 1.889, and for prior years, The .managers on the p:ut of tho House of the conference on the disagreeing and ior otber purposes and had directed him to report the same back votes of the two Houses on the amendment / .- 1889. CONGRESSIONAL RECOl{D-HOUSE. 2351 INVESTIGATION OF AQUEDU CT TUNNEL, w .ASHINGTON, D. c. and that ' . I ...... 2352 CONGRESSIONAL RECORD-HOUSE. FEBRUARY ~ 26,' A UEMnER (on the Republican side). Let him take the firat morn stantly to interrupt another member who has been recognized in his ing hour in the morning. own right. Mr. BLAND. I ask that he be allowed thirty minutes. Mr. BLAND. I call for order if he is go~g on in the same manner. Mr. PERKINS. Can the gentleman from Ohio be interrupted for Mr. BOUTELLE. If the gentleman from Missouri will keep such a purpose ? order-- The CHAIRMAN. Only by unanimous consent. Mr. BLAND. The gentlEiman had better keep his own order. MP. PERKINS. Then I object to it now. I shall not at the proper 1\fr. BOUTELLE. I will endeavor to do so, and take a hand in keep· time. ing the gentleman from Missouri in order. The CHAIRMAN. The Chair will state the request of the geutleman The CHAIRMAN. The Chair will again state in relation to the point from Missouri thatthegentlemanfrom Georgia beallowell thirty minutes of order made by the gentleman that the universal practice of the COllJ.-:-. to reply. mittee has hitherto allowed a very wide latitude in debate. The Chait: Mr. REED. A member can not ba interrupted in this manner? hopes, however, that the gent1eman will confine himself to the subject The CHAIRMAN. He can not except by his own consent. under discussion. }11r. REED. The House will undoubtedly give consent if there is Mr. ALLEN, of Michigan. A parliamentary inquiry. occasion for the gentleman to reply. I do not see any necessity for The CHAIRMAN. The gentleman will state it. interrupting a gentleman in the middle of his speech to ask such con Mr. ALLEN, of Michigan. The parliamentary inquiry I desire to sent. make is whether the custom of the Honse has not been settled all Mr. BLAND. There are a great many things that gentlemen on that through this Congress, when a member addressed the House or com side can not see the necessity for. mittee in his own time, whether he speaks upon the subject-matter The CHAIRJ\1AN. The Chair will cause the rule to be read which before the committee or not, he is entitled t'<> the time uninterruptedly? directs the conduct of debate. I know that the gentleman from Minnesota [Mr. NELSON] took occa The Clerk read as follows: sion when another bill was before us to make a speech upon the tariff, · Rule XIV, clause 1: 'Vhen any member desires to &Peak or deliver any mn.tter and no point of order was made then. The question I desire to ask is to the House he shall rise and respectfully address himseltto "Mr. Speaker," simply whether the Chair will now assume what the gentleman from and, on being recognized, may address the House from any place on the fioor or from the Clerk's desk, and shallconfinehimselftothe question under debate, Ohio in his own time shall or shall not say ? A gentleman must make avoiding personality. · his speech in his own way. Rule XXIII, clause 8: The rules of proceeding in the House shall be observed The CHAIRMAN. The Chair will state- in Committees of the Whole House so far as they may be applicable. Mr. McMILLIN. Mr. Chairman-- The CHAIRMAN. The Chair is inclined to the opinion, although The CHAIRMAN. The Chair was about to reply to the parliament not quite positive, that the gentleman should confine himself to the sub ary inquiry made by the gentleman from Michigan. The Chair under ject under consideration. stands that no point of order was made upon the gentleman from Min }!U. CUTCHE'ON. I rise to a parliamentary inquiry. Has it not nesota [Mr. ·NELSoN]. [Laughter.] been the rule, and always, that in Committee of the Whole on the state Mr. ALLEN, of Michigan. No man on this floor would haT'e.done of the Union anything concerning the state of the Union is in order such a thing. Nobody thought it-was wrong. · during debate, and certainly an election case is a matter of thab char. Mr. GROSVENOR. I rise to a parliamentary inquiry. acter? · · The CHAIRMAN. The gentleman ·will state it. The CHAIRMAN. The practice of the committee has alwaye per Mr. GROSVENOR. I want to know of the Chairman of this com mitted a great deal of latitude in discussion. mittee, now as the Chair ha.s ruled upon the question of order that a Mr. ROGERS. I rise to a point of order that this latitude is al member must address himself to the question, will the Chair under lowed when in Committee of the Whole on the state of the Union gen take to say, judicially, whether th~ gentleman is addressing himself to erally, but not where the House is in Committee of the Whole for the it or not? If that is so-- fCries of'' Regular order ! "] If-that is purpose of considering a specific measure. to be established, then I think the Chair has got a big contract on his Mr. BLAND. It is-very evident-- [Cries of "Regular order ! " hands. on Republican side.] Oh, yon will not getmedown by that-- [Re. Mr. SOWDEN.- Regular order. newed cries of "Regular order! "]-that when the House gave its con Mr. BLOUNT. Mr. _Chairman, I appeal to the gentleman from Mis sent to this committee for thirty minutes' debate it was understood that souri [Mr. BLAND] to let the gentleman from Ohio proceed. I think it should be upon the bill and not on a political question, with no time that my colleague would be allowed to reply-- reserved for response on this side; and if gentlemen suppose that that Mr. BLAND. That is what I asked for, nnd I will insist upon the sort of trick and unfairness can prevail-- [Loud cries of '' Regular point of order until that shall be given. order!"] they will find their mistake. Mr. CUTCHEON. I would suggest to the gentleman frqm J4issonri The CHAIRMAN. The gentleman from Ohio will proceed in order. that he is wielding a two-edged sword that will cut two ways, Mr. KENNEDY. I trust this five minutes will not be taken out of Mr. BLAND. I will cut your way first~ [Laughter and applause my time. on the Democratic side.] The CHAIRMAN. It will not. Mr. ALLEN, of Michigan. "He laughs best who laughs last." Mr. KENNEDY. Now, sir, I desire to say that on the 23d day of Mr. KENNEDY. I repeat; that I simply call attention to the fact i January that case was brought into the Honse of Representatives- that on the 7th day of December this same committee reported, eleven Mr. BLAND. I insist upon the point of order. I make the point months afterwards, the case of Robert Smalls to this Honse, and in of order that the gentleman from Ohio is proceeding now in opposition thirteen months afterwards permitted this vote upon that case. to the decision made by tbe Chairman. Mr. BLAND. I insist upon the point of order. Mr. KENNEDY. I desire now, .Mr. Chairman, to say that the gen Mr. KENNEDY. I call attention to this to show that the Demo tleman from Georgia who was at the he.ad of that committee did not cratic side of this Honse has never done and never can do justice to treat this case in the same manner and with the same kindliness that the blaGk man upon this floor. · [Applause on the Republican side.] he did that of Robert Smalls. For I find that on the 7th day of De Mr. BLAND. I insist upon the point of o.i:der. cember-- The CHAIRMAN. The Chair does not think that the gentleman .Mr. ROGE.RS. I raise the point of order that the gentleman is out is violating the usual practice that has obtained in the Committee of ~~~ . the Whole. The CHAIRMAN. The Chair indulges the hope that the gentleman Mr. BLAND. Is it in order to debate a contested-election case in will confine himself to a discussion of the bill under consideration. this way? Mr. KENNEDY. I will come to the consideration of the bill at the The CHAIRMAN. The Chair will state that that has been done proper time; but I desire to take my own way of getting to it. heretofore in Committee of the Whole. }!U. CANNON. A single word. The order of the Chair is that the Mr. BLAND. Then I appeal from the decision of the Chair. gentleman shall proceed in order; but it never has been held in either The CHAIRMAN. The gentleman from Missouri appea}F) from the Jionse or committee when a. man was speaking in hi!'! own time that the decision of the Chair. The question is, shall the decisiou of the Chair Chair could substitute his judgment for that of the member who was stand as the judgment of the commitiee? speaking as to what he should say. The question was taken, and the affirmative vote w~s announced as The CHAIRMAN. The Chair is of the opinion that a very wide lati 113. tude has hitherto been allowed in debate in Committee of the Whole Mr. McMILLIN. Mr. Chairman, if I can be indulged for a House on the state of the Union. The practice of the committee has moment-- permitted a wide range of discussion. Mr. BLAND. Regular order. [Laughter.] · • Mr. KENNEDY. Now, !repeat, on the 7th day of December, eleven The count was completed; and there .were-ayes 113, noes 10. months afterwards, the case of Robert Smalls was brought into this Mr. BLAND. No quorum, Mr. Chairman. Honse-- The CHAIRMAN. The ~entleman from Missouri [Mr. BLAND] Mr. BLAND. I repeat my-point of order, Mr. Chairman. makes the point that no quorum bas voted. The Chair will appoint Mr. BOUTELLE. I rise to a point of order. as tellers the gentleman from Missouri [Mr. BLAND] and the gentle The CHAIRMAN. The Chair is endea"Voring to secure order. man from Maine [Mr. REED]. Mr. BOUTELLE. I submit it is out of order for any member con- Mr. BLAND. I move that the committee do now rise. 1889. CONGRESSIONAL RECORD-HOUSE. 2353 ltir. REED. I rise to a point of order. The CHAIR~iAN. The gentleman from Missouri [Mr. BLAND] is Mr. KENNEDY. I have the floor, Mr. Chairman. I do not yield correct. to the gentleman from Missouri. Mr. TAULBEE. Mr. Chairman-- 1\Ir. CRISP. Mr. Chairman, would it be in order to ask unanimous The CHAIRMAN. The Chair sustains the point of order made by consent that the gentleman from Ohio be allowed to proceed? the gentleman from Missouri. • ~e CiiAIRMAN. It wo~ld. Mr. TAULBEE. I rise to a parliamentary inquiry. I wish to know Mr. REED. There is no occasion for unanimous consent. He has whether it is in order for the gentleman from Missouri [Mr BLAND] the right now. · to make the point of no quorum on a motion that the committee rise. Mr. CRISP. I ask unanimous consent that the gentleman be allowed The CHAIRMAN. The gentleman from Missouri does not make the to proceed: and that I be given as much ti.t:ne to reply as he occupies. point of no quorum on the motion that the committee rise; he could Mr. PERKINS. There will be no difficulty in giVing the gentleman not do so, because that motion does not require a quorum. on the other side a like amount of time. Mr. TAULBEE. Then I misunderstood the gentleman from Mis Mr. BLAND. Regular order, Mr. Chairman. souri. Mr. CRISP. I wish to ask unanil;nous consent that the gentleman The CHAIRMAN. The gentleman from Missouri makes the point from Ohio [Mr. KENNEDY] be allowed to proceed, and that I may have of no quornlJl on the question of sustaining the decision of the Chair. as much time as he us.es. · Mr. TAULBEE. I beg the pardon of the Chair. I misunderstood Mr. PE~KINS. There will be no difficulty about that. the gentleJpan from Missouri. [Cries of "Regular order."] Mr. R;EED and others. Regular order. Mr. CUTCH.EON. I rise to a parliamentary inquiry. I wish to ask Tho committee rose informally to receive a message from the Senate. the Chair how the gentleman from Ohio [Mr. KENNEDY] lost the floor. The CHAIRMAN. By a point of order raised by the gentleman MESSAGE FROM THE SENATE. from Missouri. A. message from the Senate, by Mr. McCooK, its Secretary, info~med Mr. CUTOHEO~. Has that point of order been sustained? the House that the Senate agreed to the conference asked by the House The CHAIRMAN. It has been overruled; but the gentleman from on the bill (H. R.12008) making appropriations for sundry civil ex Missouri appealed from the decision of the ~aU. On that question no penses of the GoveriUDent for the year ending June 30, 1890, and for quorum voted; and the regq]ar order is a vote by tellers upon the ap-. other purposes, and hacl appointed as the conferees on_the part of the peal of the gentleman from Missouri. · Senate Mr. ALLISON, Mr. HALE, and Mr. GOIDIA..N. Mr. CUTCH.EON. I did not so understand. The message also announc~ that the Senate had agreed to the amend The CHAIRMAN. As many as are in favor of sustaining the decis ments of the J;{ouse to the bill (S.1488) granting an increase of pension ion of the Chair will first pass between the tellers. to I,.ouisa :N. de J{ilpatrick, widow of Maj. Gen. Judson Kilpatrick, Mr. KENNEDY. I desire to ask now that, so soon as I shall have United States Volunteers. finished, or at any time thereafter [cries of" Regular order ! ''],if gen tlemen on the·otber side desire ten minute.s, it be granted. [Cries of ORDER OF BUSINESS. "Regular order!''] The committee resumed its session. The CHAIRMAN. Those who are in favor of sustaining the decis Mr. BLAND. Mr. Chairman, I insist upon my motion that the ion of the Chair will now pass between the tellers, arter which the committee do now rise. negative vote will be counted. Mr. KENNEDY. I have the floor. The committee again divided; and the tellers reported-ayes 125, ]4r. REED. Mr. Chairman, I make the point of Qrder that t.he gen noes 20. tleman from Ohio [Mr. KENNEDY] is on his feet and is ent~tled to the Mr. BLAND. No quorum has voted, and I move that the committee floor. The gentleman from Missouri [Mr. BLAND] is on his feet sim rise. ply for a point of order which has been overruled by the Chair. The The CHAIRMAN (Mr. RoGERS in the chair). Under the rules, no decision of the Chair has been sustained by the committee, and the quorum appearing, the roll will be called. point of no quorum has been withdrawn by the gentlet;nan from Mis The roll was called, and the following-named members failed to souri himself: That leaves the gentleman from Ohio [Mr. KENNEDY] answer to their names : on the floor, and he does not yield to the gentleman from Missouri [Mr. Allen, Mass. Collins, Jackson, Smith, BL.AND]. .Allen, Miss. Compton, .Jones, Snyder, The CHAIRMAN. The gentleman from Maine [Mr. REED] is in Anderson,Miss. Cooper, Kelley, Spinola., Arnold, Cox, Laird, Spooner, error in this: the point of no quorum has not been withdrawn by the Bacon, Davenport, Lee, Stahlnecker, gentleman qom Missouri. Barry, Dingley, Lyman, Steele, Mr. BOUTELLE. How could the gentleman from Missouri [Mr. Bayne, Dougherty, Maffett, Stewart, Vt. Blanchard, Ermentrout, Mason, Stockdale, BLAND] get the floor to make the motion that the committee rise if Boothman, Finley, McComas. Struble, the point was not withdrawn? Bound, Fitch, McCreary, Symes, Mr. BLAND. When the Committee of the Whole is without a quo Breckinridge, Ky. Ford, McShane, Taylor, E. B., Ohio Browne, T.H.B.,Vn..French, Morrow, Thomas, Wis. rum that motion is in order. Brown, Ohio Glo,·er, 1\lorse, Thompson, Cal. The CHAIRMAN. The Chair is Qf opinion that the motion of the Bunnell, Goff, Neal, White, Ind. gentleman froin Missouri [Mr. BLAND] is in order. Burnett, Granger, Newton, White,N.Y. Campbell, F., N.Y. Hayes, Nutting, . Whiting, Mass. ?rlr. KER~. ~r. Chairman, I respectfully appeal- Campbell, Ohio Heard, O'Neill, Mo. Whitthorne, Several MEMBERS on the Republican side. Do not appeal. Campbell,T.J.,N. Y. Henderson, Iowa Owen, Wilkbi s, l!1r. QEAR. Mr. Chairman, I hold that when the gentleman from Carlton, Hermann, Phelan, Wilkinson, Catchings, Hogg, Phelps, Williams, Missouri [Mr. BLAND] moved in his place that the committee rise, he Clardy, Houk, Pidcock, Yoder. thereby withdrew the point of no quorum. Clements, Hudd, Robertson, .. The question was taken on the motion of Mr. BLAND that the com- Cockran, Hunter, Scott, mittee rise; and there were-ayes 28, noes 101. The committee rose, and the ~pe.aker having resumed:the chair Mr. Mr. BLAN1>. I insist that thereisnoquorum and I demand tellers. 1- ROGERS reported that the Committee of the Whole House on the state Mr. REED. It is too late for that. of the Union having under consideration the deficiency appropriation The CHAIRM.AN. No quorum is required on this motion. · Tho bill, finding itself without a quorum, unaer the rule the roll wa9 point of no quorum is pending and the Chair will appoint tellers. called, and he was directed to report the namel' of the absentees to the Mr. REED. How can the point of no quorum be pending when an House to be spread upon the Journal. other motion is being acted upon by the .:!Ommittee? It can not be The SPEAKER. Two hundred and thirty-three members have an possible that we can do business in that way. . swered to their names, which is more than a quorum, and under the The CHAIRMAN. The Chair is of opinion that the motion that the rules of the House the committee will resume its session. committee rise was in order, but no quorum is required. Mr. BLAND. I move the House adjourn. Mr. REED. Then the point of no quorum would drop? Mr. BURROWS. That is not in order. The CHAIRMAN. The gentleman from Ohio (Mr. GROSVENOR) The SPE.AKER. In the Forty-seventh Congress it was held that a and the gentleman from Missouri [Mr. BLAND] will take theii places motion to adjourn was in order. as tellers. The question was put, and the Chair said the noes seemed to have it. Mr. TAULBEE. Mr. Chairman. ltir. BLAND demanded a division. '.fhe CHAIRMAN. For what purpose does the gentleman rise? The House divided; and there were-ayes 10, noes 80. [Cries of '' Regular order ! ''] So the House refused to adjourn . .Mr. TAULBEE. I rise to make a point of order. The committee, under the role, resumed its session, Mr. DoCKERY The CHAIRMAN. The gentleman will state it. in the chair. Mr. REED. There is one point of order already pending. The CHAIRMAN. The Chair desires to say that he has made some Mr. TAULBE.E. My point is that the noint of order raised by the investigation of the question under consideration, and finds tha.t the gentleman from Missouri-- . - universal practice of the House bas hitherto allowed the largest oppor Mr. BLAND. I raise the point that two points of order can not be tunity for debate in the Committee of the Whole; hut in ord.er that entertained at the same time. the committee may determine for itself whether the gentleman from XX--148• CONGRESSIONAL RECORD-HOUSE. FEBRUARY 26, !Ohio shall be allowed to proceed with his remarks, the Chair with Mr. KERR. Mr. Chairman-- draws his decision, having full faith, however, in its correctness. The The CHAIRMAN. The gentleman from M.issouri will state it. ~ Chair will submit the question to the committee. Mr. BLAND. The gentleman is not proceeding in the line author Mr. SPRINGER. What is the question? ired by the rules of the committee or of the House. The CH.A.IRMAN. The Chair submits the question to the commit The CH.A.IR1\1AN. The Chair overrules the point of order, and for tee, whether or not the gentleman from Ohio shall proceed in the line the reason that the House has just passed upon that question. of remarks hitherto submitted? Mr. BLAND. I appeal from the decision of the Chair. Mr. DUNIIAM. I rise t.o a parliamentary inquiry. Has it not been The CHAIRMAN. The question is, Sl\all the decision of the Chair submitted to the committee already? stand as the judgment of the committee? The CH.A.IR~IAN. The Chair withdraws his decision, as he has the 1\!r. SPRINGER. Mr. Chairman, I make the point of order that right to, and submits the question to the decision of the committee. that question has just been decided, no appeal was taken, and it is too The question was taken; and on a division there were-ayes 131, late now. The appeal should have been taken at the time. noes 20. Th ~ CHA£RMAN. The Chair sustains the point of order made by Mr. BLAND. No quorum. the gentleman from Illinois, and the gentleman from Ohio will proceed. Mr. BLOUNT. I desire to make n parliamentary inquiry. I wish Mr. BLAND. I understand the gentleman from Ohio is proceeding to know if it ·a not in order for the Chair to resubmit the question to with his speech. · Now, I raise the question oforderon wba.theissay t,he committee whether or not the gentleman from Ohio may be allowed ing, and pending that, until it is settled, he can not proceed. to proceed in the line of the remarks his speech indicated? Mr. KENNEDY. I believe I have the floor. Mr. RAND.A.LL. I supposed that was the question we had just The CHAIRMAN. The gentleman from Missouri raises the point voted on. of order, and will state it. ~fr. BLAND. That question has been submitted and no quorum Mr. BLAND. That the gentleman from Ohio was not proceeding in voted. I demand the regular order. the line authorized by the vote of the Honse or the rules of the com- Mr. BLOUNT. If that was the question I hope the Chair will again mittee. · submit it, as I think there was a misunderstanding, and it will prob The CH.A.IRMAN. And the Chair overruled that point of order. ably save time. Mr. BLAND. Exactly; and I appealed from the decision of the The CHAIRMAN. The Chair will aga.in submit it, if there be no Chair, and insist upon my right. objection. Mr. TAULBEE. I make the point of order-- The question is, whether the gentleman from Ohio shall be permitted The CHAIRMAN. The Chair 'vill state to the gentleman from Mis to proceed in the line of the remarks he was pursuing? souri that it sustained the counter point of order made by the gentle Mr. BLAND. I rise to a parliamentary inquiry. There was a ques man from illinois. tion pending and no quorum voted. Mr. BLAND. What bas been decided? The CHAIRMAN. But the Chair has proposed to take the question . The CHAIRMAN. The gentleman from illinois [Ur. SPRINGER] anew unless there was objection, and none was made. made the counter point of order that the House has just passed upon Mr. BLAND. I did not hear the Chair make the request. the point of order raised by the gentleman from Missouri, and had The CHAIRMAN. If the gentleman insists that he did not hear given the gentleman from Ohio consent to proceed in the line he was the Chair, of course his statement will be taken. pnrsuin~. Mr. BLAND. I stated that I could not h~r what the Chair said, Mr. BLAND. But I am presenting another point of order. We are but as soon as I understood the question the Chair proposed to submit proceeding to debate this bill in Committee of the Whole under the I insisted upon my right. · rules of the Honse. Mr. BLOUNT. The point I wish to submit to the Chair is this, Mr. REED. We are trying to. ' thatit is compe.tent for the Chair to withdraw the question and resub Mr. BLAND. We are proceeding to debate it under the rules of the mit it. Committee of the Wbole, and the gentleman is not debating the sub Mr. SPRINGE~. The Chair has so indicated. ject-matter contained in the bill. Mr. RANDALL. Moreover, we did not quite understand the ques Mr. BRU~UL That point has been already ruled upon. tion submitted, and we certainly have a right to do so before being re ';['he CH.AIRM.A.N. The Chair will state that the point of order raised quired to vote. by the gentleman from Missouri bas just been passed upon by the com The CHAIRMAN. The Chair will again submit the question. Shall mittee, and a decision was made in response to the counter point of the gentleman from Ohio be allowed to continue his remarks in the order raised by the gentleman from Illinois. I line he has hitherto pursued? Mr. BLAND. Very well; I will wait and see how this thing pro The question was taken; and on a division there were-ayes 174, ceeds. noes 5. Mr. KENNEDY. Now, Mr. Chairman, I desire to refer to that Mr. RANDALL. I now rise to a parliamentary inquiry. committee in its treatment of the case known as the Carlisle case in The CHAIRMAN. The gentleman from Ohio is entitled to the floor. this House. JOHN G. CARLISLE occupied a seat upon this floor ns re· I Mr. BLAND. And I demand the regular order. ported from the committee-- Mr. RANDALL. Will the gentleman from Ohio yield to me for a Mr. BLAND. I raise the point of order. moment? Mr. KENNEDY. But that committee-- Mr. BLAND. I demand the regular order. Mr. BLAND. I raise the point of. order that the gentleman is not Mr. RANDALL. This is the regular order. I ask the gentleman proceeding with the consideration of the bill before the Honse. from Ohio to yield to me. The CHAIRMAN. The Chair will request the gentleman from Ur. KENNEDY. I yield to the gentlem:m for a moment. Missouri to withdraw the point temporarily. as the Chair did not bear Mr. RANDALL. I would like to ask that the committee now rise the statement made by the gentleman from Ohio. The gentleman from for the purpose of extending the debate thirty minutes by unanimous Ohio will proceed. consent. The House restricted the general debate to thirty minutes Mr. KENNEDY. I was referring to the contested-election case of and gave it entirely to that side. JoHN G. CARLISLE, of Kentucky, that was referred to that committee. The CHA.IRMAN. The Chair will state that that action was taken Mr. Thoebe, of Kentucky, was the contestant. in committee. Mr. BLAND. Now I raise the point of order. (Laughter.] Mr. RANDALL. Well, there has always been doubt as to whether The CHAIRMAN. The Chair overrules the point of order in view it could be done in that way. of the fact that the Honse has twice decided that it is in order. 1 Mr. BLAND. I demand the regular order. Mr. BLAND. The Househasnotpassed upon that language. [Cries Mr. RAND.A.LL. The regular order is to move that the committee of '' Regular order ! ''] rise for the purpose 9f extending the debate. Mr. KERR rose. [Laughter and cries of "Sit down!" on the Demo-. Mr. KENNEDY. I do not yield for that purpose. cratic side.] The CHAIRMAN. The gentleman from Ohio declines t<> yield for The CHAIRMAN. The committee will bein order. that motion and is entitled to the floor.· Mr. KENNEDY. Mr. Chairman, I did not yield to the gentleman Mr. KENNEDY. Mr. Chairman, I say now that I myself will be from Iowa.. very glad to ask that the time be extended to the gentleman from The CHAIRMAN. No business will be transacted until there is Georgia to reply for such length oftime as he may choose. order. Now, I was speaking of the contested-election case-- Mr. BLA.ND. I state that I appeal from the decision of the Chair Mr. BLA.ND. I ri8e to a point of order, that that is not in order on upon the point of order. this bill. The CHAIRMAN. The gentleman from Missouri appeals from the Ur. :KERR. I desire to make this statement. The gentleman from decision of the Chair. Missouri-- [Loud cries of "Rey:nla:r order!"] Mr. REED. I make the point of order that he has no right toQ ap The CHAIRMAN. The gentleman from Ohio is entitled to the floor. peal, bec.ause it has already been decided by the House. 1\Ir. KENNEDY. Now, Mr. Chairman, I was speaking of the elec The CHAIRMAN. The Chair will submit this appeal to the House. tion case. Mr. REED. It must be perfectly evident to the Chair that this is Mr. BLAND. I rise to a point of order. frivolous and not made in good faith. • ' ·' 1889. ·coNGRESSIONAL RECORD-HOUSE. 2355_ 'M>r. BLAND. The gentleman from ?.Iaine is fri-volous and is trying Mt. BLAND. I rise to a point of order, and that is, that the H9use to prevent a decision up~n the appeal. I insist upon my point of order. has hot passed upon any portion of what the gentleman is now saying. 'The CHAIRMAN. The question 1s, Shall the decision of the Chair The CHAIRMAN. The Chair will remind _the gentleman from Ohio stand as the judgment of the committee? [Mr. KENNEDY] that it is not in order to make such a reference to a The question was put; and the Chairman announced that the ayes member by name. The gentleman is fumiliar with the usual practice seemed to have it. in that respect and willi>roceed in order. Mr. BLAND. Division. M:.r. KENNEDY. Then I will not refer to the gentleman by name. The committee divided. I withdraw that. I did not intend it in any offensive sense. The CHAIRMAN (pending the announcement). The committee-will M:r. BLAND. lir. Chairman-- rise informally to receive a message from the Senate. Tile CHAIRMAN. The gentleman withdraws it. The committee accordingly rose; and ?tit. SPRINGER took the chair Mr. BLAND. Withdraws what? as Speaker p1'o ternpore. The CHAIRMAN. The Chair sustained the point of order of the gen tleman from Missouri, and the gentleman from Ohio [Mr. KENNEDY) MESSAGE FROM THE SENATE. withdrew the reference to the gentleman from Georgia. A message from the Senate, by Mr. McCooK, its Secretary, announced Mr. KENNEDY. Mr. Chairman, I say that only once before in the that body had agreed to the report of the committee of conference on history of our Government has there been such a case as that. I will the disagreeing votes of the two Houses on the bill (H. R. 1874) to not mention any names, but I will say that the press of my State, Ohio, change the eastern and northern judicial districts of Texas, and for secular and religious, Independent, Democratic, and Republican, de· other purposes. manded that that case should be heard. Not only Republicans, but It also announced that the Senate had passed the bil~ {H. R. 12383) Democmts, State officials and others, demanded that that case should making appropriations for the support of the Army for the fiscal year be beard-~- ending June 30, 1890, and f-or other purpo.~es, with amendments, in Mr. BLAND. I rise to a point of order. whic.h concurrence was requested. Mr. KENNEDY (continuing). But that hearing was denied. It also announced that the Senate had passed Rouse bills of the fol Mr. BLANii. I rise to a point of order, Mr. Chairman. lowing ti•les: The CHAIRMAN. The Chair will state to the gentleman from A bill (H. R. 10652) to enconrnge the enlistmentofboysas apprentices Missouri that the House has twice, by an overwhelming vote, decided in the United States Navy; to allow the gentleman from Ohio [Mr. KENNEDY] to proceed in the A bill (H. R. 10481) for the relief of Rev. William. Gregston; line of the remarks heretofore made by him. The Chair thinks, there A bill (H. R.10082) toamendanactentitled ''Anactforforthe relief fore, that there is nothing whatever for the Chair to pass npon. of the widow and orphan children of Col. William R. McKee, late of ~1r. TURNER, of Georgia. Mr. Chairman, may I sl\y a word? As Lexington, Ky.;" one of those whom the gentleman from Ohio [Mr. KE~NEDY] has A bill (H. R. 9464) for the relief of Hudson G. Lamkin; assailed, I appeal to my colleague from Missouri [Mr. BLAND] to allow A bill (H. R. 8272) to provide for the payment of F. H. Bates as the gentleman from Ohio to proceed and finish his rema1·ks. military instructor at Washington High School, District of Columbia; :!Ir. BOUTELLE. Oh, wedonotwanthim to allow it. [Laughter.] A bill (H. R. 8053) to extend the time fot: the redemption of school I insist that the gentleman from Ohio [Mr. KENNEDY] shall be per farms in Beaufort County, South Carolina; mitted to proceed under the rules of the House. A bill (H. R. 7924) for the relief of A. J. McCreary, administrator Mr. BLAND. Mr. Chairman, inasmuch as the gentleman from of the estate of J. M. Hiatt, deceased, and for other purpose:~; Georgia [Mr. TuRNER], who has been assa.iled, appeals to me- A bill (H. R.. 7864) to reappropriate to pay for alley in square num- (Cries of '·'Regular order!"] bered 493; · Mr. REED. "Regular order," Mr. Chairman. We do not want to A bill (H. R. 7801) for the relief of William F. C. Nindemann, for- hear any more of this than is necessary. Let us go on with the busi merly a seaman in the Navy; ness. A bill (H. R. 6591) for the relief ofT. Dillinger & Sons; The CHAIRMAN. The regular order is demanded, and the gentle A bill (H. R. 6394) for the relief of Hayem & Taylor; man from Ohio will proceed. ·, A bill (H. R. 5888) for the relief of W. H. Boyd; Mr. KENNEDY. I trust the Chair will keep the time. [Laughter. J A bill (H. R. 5690) authorizing the Secretary of the Treasury to sell The CHAIRMAN. The Chair will ende..'\>or to do so. block of land 108 in the city of Houston, Tex. ; Mr. KENNEDY. I refer again, 111r. Chairman, to the case which I A bill (H. R. 5336) for the relief of George B. Hansell; havejustmentioned. Thatgentlemanwillgointoprivatelifecondemned A bill (H. R. 4581) for the relief of Thomas Mathews and others; by his political associates and despised by his political enemies, with A bill (~. R. 834) for the relief of the heirs of John H. Newman, out society save that only which his ill-gotten wealth can purchase, deceased; too low for pity and beneath contempt.. [Hisses on the Democratic A bill (H. R. 2688) for the relief of Alfred Breuer; and side. J I refer now to a case in this House, and I ask, is it any wonder A bill (H. R. 341) for the relief of John Farley. 1 that the contestee in that case, which was reported upon thi3 floor on the 20th of J auuary last, should, after that report was made, be covered INDIAN APPROPRIATION BILL. with humiliation andshame? Was it any wonder thatitrequired the Tho committee resumed ita session. exhila.rating and stimulattng influences of Washington and the baJ.mier The CHAIRMAN. On the appeal of the gentleman from Missouri breezes of Old Point Comfort to restore him to his mental an.d moral [Mr. BLAND], the ayes are 181, the noes none; so the decision of the equilibrium? Chair stnnds as the judgment of the committee. Mr. c-hairman, I leave the question to him, to the country, and to Mr. BL~o\.ND. I demand tellers on this vote. the people of Kentucky. [Hisses on the Democratic side.] Tellers were refused, only 2 votin~ in favor thereof. The gentleman from Georgia [1\Ir. CRISP] asks whether I have ever Mr. KENNEDY. I was speaking of the Carlisle case. [Laughter.] been in Georgia. I desire to say to him that in 1863 and 1864, if he Now, I desire, Mr. Chairm::m, to refer to an occurrence which took had not been moving so swiftly to the South, he might h ve made my place on this :floor in 1879. On the 20th day of March, 1879. a me acquaintance in Georgia. [Hisses and jeers on the Democratic side.] morial of23 citizens of Cincinnati impeached the seats of BENJAMIN I pl'esnme, sir, that my standing in Georgia will not be as high as that BuTTERWORTH and Genel'al Thomas L. Young. No contest had been of the gentleman from Georgia- made, and yet these gentlemen, instead of remaining silent, arose in Mr. McMILLIN. Or anywhere else. their places in this Chamber and demanded an investigation at the lVIr. KENNEDY (continuing). Bec.'\use he wore the Confederate hands of this House. gray and I wore the Unio1_1 blue in that great contest. I have no desire Mr. BLAND. Now I make the point of order that the ~tlem:m to compare records with the gentleman from Georgia, but I believe is not proceeding in order. · that in the estimation of every loyal man in this land my record is as The CHAIRMAN. The Chair has twice held that the point of order high above his in that great contest as the angels of l~ht are above the is not well taken, as the committee has by its own action permitted the angels of darkness. [Derisive laughter and jeers on the Democratic gentleman from Ohio to proceed. · side.l Mr. BLAND. I appeal from the decision. Mr. Chairman, the gentleman's distinction at home comes from this. 1\fr. REED. The gentleman from Missouri has nothing to appeal His distinction abroad comes from the fact that in this House be is from. . elected by a smaller numher of votes than any other man was ever Mr. KENNEDY. Now, when forty-five hundred Kentuckians stood elected by to a seat on this floor, and I trust, sir, that the national dis at the door of this House on n. contested-election case what. did the tinction which be has thus achieved will never again be achieved by SpeakerofthisHonse, whowasthecontestee, do? Heremainedassilent any man within the limits of this great Government of ours. The gen as the Sphinx:, and the committee of this House, headed by CHARLES tleman tells us that the elections are fair and honest in Georgia. I de F. ORrsP, of Georgia, reported back and denied the contestant the right sire to call his attention to the fact that in 1884 42,286 Republicans to a hearing on this :floor. . voted, while in 18S6 no Republicans voted in his district. I say that he Mr. BLAND. I rise to a point of order. is impeached by the record of the election in 1886 which comes t-o us Mr. KENNEDY. Never but once before in the history of this Gov from the State of Georgia. ernment w~ such a proceeding witnessed-- The gentleman from Georgia does not attempt to answer the state- . , CONGRESSIONAL RECORD-HOUSE. FEBRUARY 26, 2356 . . ments of facts and figures in my speech of July12last, and I challenge Ridge and Round Top the record of a nation's glory, and with it the him or any ~entleman upon that side of the Chamber to controvert or h is tory of old Massachusetts. deny them. I have in my hand a list of twenty-five districts which The other day over in the city of-Baltimore General Rosser made a voted in 1886 to return members of this House. That list includes the speech; and he said: first and second districts in Alabama, the first and fifth in Arkansas, That it was his purpose to show that the reason the South was able to main the ten districts of Georgia, the fourth of Lowisiana, the fourth, fifth, tain an unequal combat against the North for years and why the South was vic and sixth of Mississippi, the first, second, fourth, fifth, and sixth, of torious in every battle in Vh-ginia from fJISt to last, and finally yielded only to starvation, was the fact, and is still the fact, that a. Southern gentleman can South Carolina. In those Lwenty-five districts, casting ninety-three whip a puritanical Yankee every time. thousand and odd ballots, the entire Republican vote was 720, an average of twenty-nine votes to a district. And yet gentlemen over there tell us Ur. Chairman, at the point of ibe bayonet and the end of the saber that their elections are free and honest and fair. And in this list I find the on three hundred battle-fields of this Union we punched thn.t idea out district of the gentleman from South Carolina, and the district of the of them. [Laughter and applause on the Republican side.] gentleman from Georgia,. What shall we say to gentlemen who, with I want to tell who this General Rosser is, who ""~Yas neve1· whipped, the assurance of the thimble-rigger, continue to say that these elections according to his own statement. He is the man whom Torbert with are free and fair? his Union cavalry drove 26 miles up the Shenandoah, and in that case, The other day, at the New York banquet, Governor Lee, of:Yirginia, with rebels ahead and Union soldiers behind, Thomas L. Rosser, like made this expression: a good general, led his Confederate cavalry up the valley! I want to call attention to another thing that General Rosser said; It remained with the North to decide whether the national improvement and prosperity can best be promoted by a. union of American white-governed States and I wish to say that three United States Senators and a member of or white American through African sections ir. the irrea.t whole. The whole this House from Mississippi were present on that occasion. This is what thing depended upon the South being recognized as a. white-governed portion he said: · and that there shall exist no African sovereignty. · "We do not care to take the t-omahawk from the red man and give it to the negro. We have provided for I feel that I am, and I believe that every brave Confederate soldier living to the negro, built homes and schools for him, and given him a.U his condition re day is more loynl to the constitutional Government of the new United States quires, but when it becomes a. question whether those States are t-o be governed than arc the rank and file of the Grand Army of the Republic (so called), and I by blacks or whites, I say," the governor exclaimed, "we want a. white govern believe that we are more loyal to the flag of the new Union than they. ment." This banner [waving a Confederate battle-flag], under which we so gloriously fought, is now the badge of our loyalty to ourselves. This is the cross which we I refer this matter to the gentleman from Georgia; and I say to him bore with a. courage, patience, and fortitude which entitles every brave, true, that the governor of Louisiana, the governor of Virginia, and the gov- and tried Confederat~ ~:~oldier to wear o. patriot's immortal crown. . ernor of South C~rolina have made the record on this question; and all . Mr. Chairman, England, in her great contest with the rebels in In ofthem refute hiS statement. - dia blew them from her guns Germany after her war with France Governor Lee wants" a white man's government;" I want an honest Iw~ over, compelled the Fre~ch nation, ~an indemnity, to pay the man's government. I say to-day that I would rather have an honest entire expenses of the contest. But after six thousand millions had bla-ck man's government in this country _than ~ dishonest white man's been expended, after blood and treasure beyond measure had be~n government. [Applause on the Rep_ubh.can side.] I am not her~ to poured out, this Government extended amnesty without price and with-· speak for the colored ma?; at another time I sh~ be glad to do so. out any conditions to the Southern people. But I say ~ow that while t~e begloved and b~Jeweled fingers of a I want to say I believe in that, and if Lee, :md Da".is, and Beaure- . Southe~ ariStocracy wer~ trymg to tear do:wn t?IS Government, were gard, and Rosser, men educated at the public expense, had been hung attempting to p~U down 1t;s flag.and clutchmg h~e bloodhounds at the to the gibbet, as they ought to have been after that contest was over, throat of the natiOn, not a smgle mstance can be Cited where the colored they would not now be teaching disloyalty and treason and rebellion peopl~ of~his country, when opportunity offered, were no.t loy3;l to the to the young men of the South. Constitution and devoted to the flag. Gentlemen on the other &de may General Johnson said up to a short time ago in Baltimore that thi:t sneer at it as they will, but history "!ill forever r~cord the fact that a Government was controlled by the Confederates. black man ran the boats past th~ battenes at Moultne; ~hat black hands Several MEMBERS. You mean Genetal Bradley Johnson. uplifte~ and black arms sustamed the ~ag of. the Umon on the top of Mr. KENNEDY. Yes; General Bradley Johnson. ·Fort P1llow. [Applause on t~e Republican s1de.] . But thank God, Mr. Chairman, the houris passing away when they The CHAIRMA~. The time of the gentleman from Ohto [Mr. can control this Government. They will be compelled to take back KENNEDY] has exprre~. . . seats. There is a brighter day coming for the South, freed from the Mr. PERKINS. I y1eld fift~n mmutes to the gen~leman from OhiO. hands of Confederate despotism, rebellion, and disloyalty. Mr. KENNEDY. Now! desire to call another WI~ess.. I not only congratulate the country, but !congratulate that side of Hon. W. ~·Skaggs, _a Democrat, of_Talladega, Ala., prmts m the Mont- ·the Chamber, that they will be freed from the dictation to which they gomery Druly ACivert1ser the followmg: have been subjected for the last t'Yo years, a dictation humiliating, not We can not go ·on forever stealing the negro's bn.llot. There must be a. wiser only to this House, but tQ the entire country. . I trust, sir, it will and more honorable solution of the question. We ha.vegonetoo far in our elec- catch the inspiration of freedom. tion frauds, and soon we shall learn that success founded on fraud can not be I d · t · t r. tb to tb r. t M Ch · th t •t permanent. In the Black belt, where the negroes are in the greater majority, esue 0 pom ~ur er e lUC • r. arrman, a 1 comes the tactics by which the negro has been deprived of his vote have also served with bad grace from gentlemen half S'hot away on rebel battle-fields the purpose of depriving the white men of fair refl resentation. The negro vote to come here and attempt to teach us loyalty, and to tell us w bat our bas been used to count the South Alabama. Democrat in and the North Alabama duties are under the Constitution and under the old flag. Democrat out. · The South has been throwing away her opportunities. Let them I commend this to the gentleman from Georgia, and I commend to quit sneering at New England. Let them cease snarling ather heels. gentlemen of the other side the fact that in Arkansas only last week Let them be inspired with some of New England's energy and enter four members of the State Legislature resigned their places because they prise. With a warmer .3un, beneath whose rays the earth gives forth were there by fraud and intimidation and violence; and I call atten- her richest fruits, with a softer clime that New England can not know, tion to the fact that the same election which returned them to the with a wealth of mines waiting for the pick and drill, with streams Legislature returned a member to this House who has not yet tendered and rivers flowing unvexed to the sea, waiting for the spindle and loom, his resignation so far as I know. the South bas been casting away her opportunities as a reckless spend- The gentleman from South Carolina the other day referred to Massa- thrift would throw priceless jewels into the sea. [Applause.] chusetts. I am not here to defend Massachusetts. Her honored Rep· Let her catch some of New England'CJ pluck and courage. Let her resentatives on this floor and her sons everywhere are abundantly com- quit whining at New England's wealth and power. Let her quit re petent for her defense. But I want to say here for old Uassachusetts gretting the lost cause. Let her cease crying forever over her pride, that while she stood at the cradle of liberty and rocked it untH it grew poverty, and despair. Let her imitate Massachusetts enterprise and into a vigorous manl10od, from that hour until the present it can not grit and there will be a Lowell on every river, a Lawrence on every be said, and history does not record the fact, that a single one of her stream. [Applause.] Let her open the doorway and bid wealth and labor sons, true as they are to old Massachusetts, has ever lifted his hand come and share with her her richest blessings. Let her accord to all an . against the Constitution or attempted to tear down the flag. They were· equal chance in this race of life. Let her cease :flaunting her disloy found on ev-ery battle-field from Lexington to Yorktown, and .in that alty in the faces of the people, and learn once for all that the rebellion later struggle they were found on every field where blood was shed, is ended and that but one flag is recognized as the emblem of our from Baltit;nore to Bull Run and from Bull Run to Appomattox. The unity and power. history of the past will be written, aud the history of old Massachusetts Let her come to know that slavery is dead and forever buried by the .. wiU be a part of this nation's great record.. irrevocable enactments of the Constitution. Let her do equal and ex- .And I want to say to gentlemen on the other side that the Meccas of act justice to all her people, black and white, rich and poor. Let her the future will not be in the Southern clime or under a SoutQern sun, assure all within her borders that the laws shall be supreme, that all but will be the sacred resting places of the ·illustrious and patriotic shall be protected in their rights, that person and property shall .be dead, where Lincoln sleeps, where the silent warrior of the century is secure, that the privilege of il1e citizen shall be accorded him in its resting, and that place on the hillside at Arlington where gallant Phil fullest sense. Sheridan is sleeping. I say to you that in the future there will be Then, Mr. Chairman, this new South will have solved the problem . ~if.t~ · above old Bunker Hill and Lookout Mountain and Missionary of her future. Then this new South, new not only in name, but in 1889. CONGRESSIONAL RECOR.D-HOUSE. 2357 spirit, in fortune, in promise, in progr~, in ·we~lth and power; will gress adjourned an opportunity would present itself to do so, and I start on the highway to the greatest and grandest march of all the cen deferred reply until that moment came. turies. And thus- The other day when the Smalls and Elliott contest was up I called Full roused, each giant limb awake, the attention of the House to the statement complained of, and tho Each sinew strung, the great heart pulsing fast, gentleman from Ohio reiterated that statement then, and, as I under She shall start up and stand on her own earth. Tht'n shall her long triumphant march begin ; stand him, reiterates it now. Thence shall her being date-thus wholly roused, The accuracy or inaccuraey of much of the statement of the gentle ''Vhat she achieves shall be set down to her. man from Ohio is a question of fact, which can be determined by the (Great applause.) records of this House. On the 12th day of December, 1887, shortly Mr. PEEL. Mr. Chairman, in view of the course this debate has after the Honse first met, the following proceedings occurred: llfr. CARLISLE (the Speaker). 1\!r. Speaker, it is well known that there is a assumed I ask unanimous consent that thirty minutes be allowed on contest pending which makes it improper for me, as presiding officer of the this side for further general debate. House, tQ appoint, in the usual manner, the Committee on Elections. I have Mr. OWEN. I object. [Cries of" Oh, no!" on the Republican side, left the chair, therefore, for the purpose of asking the House to excuse me from the performance of that duty, and to take such proceedings in reference to the and derisive laughter on the Democratic side. J matter as its judgment may dictate. Mr. SOWDEN. Withdraw that objection. I have no suggestion whatever to make except to say that the formation of Mr. OWEN. I wish to make a statement. [Cries of" Regular or- the other committees of the House will be facilitated by having thi!! subject disposed of at the earliest date that will suit the convenience of the mem der ! " on the Democratic side.] J nst one moment, Mr. Chairman. bers. Mr. TOWNSHEND. I object t _, 2358 CONGRESSIONAL RECORD-HOUSE .. FEBRUARY 26, Now, Mr. Chairman, ~ have oo- time to...gq. over the long _reply of North that will_jnstify you in some.ou.trageous legislation which you the gentleman from Ohio. I hav& no desu:e to go through It. The hope to seeru:e m the future. That i.3 my opinion. of the object for gentleman :Uas sought to change the characteE of the controversy be- , which such statelnents are made. tween him and me. 1 made ne chal'ge,. except that of his being ignorant~ Now, I sb all not follow the ientleman from Ohio in to any discussion 1 I said if he- was thus i_gn?mnt of w:b$t W?k place before his eyes,_ it of his war record,_ or into. any criticism of mine. I do not feel at all 1 ~as but r_easonable to beheve that be was Ignorant of what ~ook place- h~rt at any. statement he may make> about mine. There is nothing in, m Georgm, where, perhaps, he had n-ever. been. M17 Charrm~n, t_he mme of whwh I am ashamed. There is nothing in mine for which I gentleman lias referred to the caseo of Thoebe vs. Carlisle. In JUStlCe have any regret to express. So m as his war record is concerned II t'? the Commit~e on Elections, injusticeto Mr. CARLISLE, and in jus- have nothin~ to say about it, nothing. ThegentlemanfromOhioposes' ·he~ to my ~ocrnt.es on th~ ftoo:r.l want to say a word about _that.. h:~re as a stnc~ly ho~est man.. H~nesty. is what he demands in elec-l 'I he Committee on ElectiOnS; made a docket of ~e order m whklh tions, ne:n-partisanship, trut~ JOBtice, fairness r Mr. Chaiiman, when they would try the cases pending before them. Tlus docket or order you hear~ man make claims of that sort and ar.rnill'n other people for i was made with the approval of every Republican member of the Com- their failure to exercise those high qualities, yorr.o are naturally dis-l mit~eeon.Elec?-ons. ~y the terms ofthat order tha:first casewas.that. :po-:>ed~inquir~wbat th~re~sinthecharacterofsuchperson, what there of 'Ihoebe agamst Carlisle; Thoebe, the contestan~ was a Republican. . lS m his past life, that willmduce the public to accei>t h.is own esti The next was Lowry aga.in.st White, in which the cantesl!ant was a mate of himself and his statements about others. Democrat. The next was. :McDuffie against Davidson, of Ala.bamat- The> CHAIRMAN. The Cna.i:r will state to- theo gentleman from where the Republican was the contestant. The next was WorthingtoQ ! Georgia that he hM occupied t'!en.ty minutes of his time. (Cries of ~.gainstPost, where the Democratwasthe contestant; and soon tln-ough "Go on!" "Go on!" on: the Democratic side.] the list, alternating between Democrats nnd Republicans who were Mr. CRISP. I do not wish to use the time which belongs to my ~ontestants. Under that order of busines,s, the ease of the Speaker of collefloOOU& from Georgia. [Mr. TU'RNERJ, but I want to add ju~t onere- the House was tried. mark. Thoebe filec:l a notice of contest and took testimony in the State of ~Ir. BRUMM. Mr-- Chairman, r ask unanimous consent that the Kentucky. The case came up here and the Republican members of · gentleman from Georgia be allowed to proceed for five minutes more, the Committee on Elections themselves determined that on that case as and that then the gen-tleman from Georgia [Mr. 'l?UllNERl have five then made there wa.s absolut-ely nothing that could be said in favor of minutes additional. Thoehe's election. There was no objection, and it was so ordered. After that time his counsel applied for permission to submit certain Mr. ORISP. I thank the gentleman for hls courtesy and r .shall not affidavits from the State of Kentucky, and. the Committee on El-ectiollS' trespass further upon the time of the committee. I say that when a unanimously,. I think-certainly by a majority vote-gave him time to gentleman assumes t.o possess an extraordinarily high degree of honesty file those affidavits before the committee. They were brought in and you are naturally prompted to inquire what there. is in his past reeord, placed on file-a great mass of' papers. 'l'he case was argued by con- · or character, or life7 that justifies the claim. Now, I will tell you what testant'scounsel,.and not a single suggestion was made that more time I have heard about the gentleman from·Ohio·in this regard. ram in- was wanted. formed that the State senate oJ Ohio consists of thirty-six members-. -Mr. BRUMM (interposing). I beg, the gentleman's; pardon. Is that right? Mr. CRISP. When the case came up in the House, thenforthefirst Mr; GlWSVENOR rose~ time the contestant, when he made his speech here, said that he had a Mr. CRISP. I have but five minutes-- paper signed by forty-five hundred men. asking that his case be re- Mr. GROSVENOR. I only wish to say that the numbers constitut- opened. That paper was neveP before the Committee on Election& I ing the Ohio senate vary; sometimes there are thirty-eight members; hold in my hand a fa.c simile of that paper, and instead of forty-:fi.ve sometimes thirty-:fi.ve-- bundred names appended to it there are about fifteen hundred; but l 1t1r. CRISP. At the time to which I refer there were, I believe suppose that iS' a small inaccuracy from the po-int of view of the gentle~ thirty-six member&. The gentleman from Ohio [Mr. KENNEDY] wa; man from Ohio. . the li'eutenant-govemor of the State of Ohio and the presiding officer of M:r. BRUMM.· Not stalL. I had another paper: m'lih. about three that senate. In May, 1886', there was a contest before. that senate as thousand names. to the seats of four senators. The Democratic members of the senate Mr. CRISP., This paper: shows,. and any- gentleman who will look withdrew in a body from the senate, and when they had so withdrawn at it· can see, that a. large number of the names. appear- _to be in the they left seventeen senators, only present in the senate. Sa,me handwriting~ and it is susceptible of proof I am informed-though 'l'he gentleman from Ohio~ being then the presiding officer--of the sen oftJrls. I am not certain-that a large. number ofthesignem livedintbe ate, entertained amotion made bJoneofthesaventeenmembers present city of Cincinnati, in the State of Ohio, a.nd not in the dis1irict in Ken- to adopt the report of the oommi~t.ee on e1ections, which.was in favor tucky where the election was had. So much for that., of' unseating the fow; Democrats who were: in and seating four Repnb- Mr. Chairman, as to elections in the-State of Georgia.,. I! said the other · licans who were out. Tlie gentleman from Ohio held that it was com day about all that I desire to say-, They are as- fuir; as free, and as petenti for- that minority, those seventeen men, to turn out four Delll() honest as they are anywhero else in the United States. There is no crats wp.o held seats in that senat-e :m . ·. 188f}. CONGRESSIONAL RECORD-=..:HOUSE. 2359 bef:illen us; but I thank God that we have not yet fallen so low as to but I am a living witnesstttthefairness of the gentleman from Georgia, seek, desire~ or look for the aid, support, or indo:rsement of such and am prepared to say: so. [Great applause.] "friends n as the gentleman from Ohio. [Applause on the Democratic Mr. TURNER, of Georgia. I am glad here and now to recognize the side.] fact that in the old State of Ohio there still survives the spirit of fair- The CHAIRMAN. The gentleman from Georgia. [Mr. TURNER] is ness and justiee whleh will rebuke detraction even in its own ranks. now recognized for ten minutes. [Long continued applml!*!.} Mr. TURNER, of Georgia. I yield halfamimrte to the gentleman Iftheaiande:r whieh the gentleman has brought against rue and my from Arkansas [Mr. BRECKINRIDGE]. associates on this floor should chance to circulate in districts where Mr. BRECKINRIDGE, of Arkansas. The gentleman from Ohio perhaps I am unknown OF where my reputation is far more limited [Mr. KENNEDY] alluded to four members of the Legislature of the than his own, 1 wish to call attention to a few olher circumstances in State of Arkansas who resigned their positions because of fraud in an the statement which that gentleman has made which ought to go along election. He alluded also- to some member on this floor holdingaseat with this day's proceedings, byvirtue of the same election, and who has not resigned his commis- He has not only arraigned me and arraigned my successor as cbair sion. If the gentleman did not mean myself, knowing that some con- man of the Committee on Elections, but I know a.nd here state that he test has arisen in regard to my title, he can so state. [Apause.] His has recklessly an my chance on any arena, and submit any public question involvina the J was necessary; and frrrther perha-1JS than was consistent with propri interestsofmysecticm to any fair tribunalconsistingofoldsoldiru:who ety. I thank the committee. [Loud applause.] confronted me in the late war [great applause]; but a man who invokes The CHAIRMAN. The Clerk will proceed to read the bill by sections these bitter memories in order to shield hfmself from the imputation of fo.r amendment and debate under the fi.ve-minute rule. nnfaim~ and injustice is not a. IruiD. entitled to my respect. [Ap- The Clerk proceeded to read the Oill untillinell, page3, was reached. l plause.] b~ PEEL. lb. Cha.irman~ I mo-ve that the committee do now rise. Mr. Chairman, tha..t gentleman here to-day, has on this floor a eol- The motion was agreed to-. leaguewhaisalbingmonumentto the fairness oftheDemocraticHouse The committee accordingly rose;. and the Speaker having resumed of Representatives, and who if he had stood in his seat while he wa.13 , the chair, Mr. DocKERY re1Jorted that tbe Committee of the Whole delivering the slandef.SI on myself could have placed his hand on the f House on the state of toe Union had had under consideration the bill headofthatcolleague-:Irefer~othegentlemanfromOhio [.Mr. RoMEIS]; l! ~ - R. 12578, tbe Indian appropriation bill1 and had come to no resolu- I ask that gentleman~ 1f he will, to stan-d up here now in the mesence tion thereon. of. b;is col:J.ea.,crne,. Govern~-r KENNEDY, an~ sa-ywhetherol! nof my ad- ENROLLED BILLS SlGNED. m.1mstrat10n of the affaus of the Comnnttee on Elections was in- Mr. ENLOE, from the Committee on Enrolled Bills,. re.pOi'ted that famous. . . _ they furl ex:unined and found truly enrolled bills of tne following Mr. ROMEIS. Wtll th? gentlemanyreld to me? titles; when the Speaker signed the same, namely: 1\fr. TURNER, ofGeorgra... With pleasnre.' A bill (H. R. 834) for the l'elief of the heirs of John H. Newman; and Ur. R.OMEIS. I did noti know wh..1.t my colleague was. go:ingtosay, A. biU (H. R. 6612} to grant rig...~,t o.f way through the Indian Terri- ·. . 2360 CONGRESSIONAL RECORD-HOUSE. FE~RUARY 26, tory to the St. Louis and San Francisco Railway Company, and for no mien.] and efficient mn.nner,a.ll existing treaty stipulations for the education of Indians, with careful estimates of the cost thereof; also n. plan and estimates other purposes. .for educating all Indian youths for whom no such provision now exists, nnd es ORDER OF BUSINESS. timates of what sums can be saved from existing expenditures for Indinn sup· port by the adoption of such plan, whose compensation shall not exceed f3,000 Mr. PEEL. 1Ir. Speaker, in view of the great importance of closing which sum is hereby approprlated for that purpose, and also a further sum o.t1 out this appropriation bill-for it is important it should be completed l!l,500 for his necessary traveling expenses. as early as pos.<>ible and sent to the Senate-! move that the House That was in the first session of the Forty·seventh Csngress. tnke a recess until 8 o'clock. Mr. PEEL. If the gen\leman from Michigan will excuse me, a Mr. 1\IILLS. To continue the consideration of this bill, with the point of order has been made, and I think perhaps that had better be understanding that no other business is to be transacted. disposed of before he proceeds . .Mr. PEEI,. I will make that motion, to continue the consideration Mr. CUTCHEON. I think if the gentleman will listen to me the of the bill and for no other business whatever. point o.f order will not be insisted on. The point is reserved. Mr. McCt{EARY. And to terminate not later than 10.30. Mr. PEEL. I know the duties of superintendent of Indian schools ARMY APPROPRIATION BILL. are not defined as well as they might be, but there is an effort here to determine what shall be the duties. Mr. TOWNSHEND. I ask unanimous consent, pending that motion, 1\Ir. CUTCHEON. Mr. Chairman, tSome of the most valuable legis that the Senate amendments to the Army appropriation bill be non lation we have has been put upoh appropriation bills in this way, even concurred in, and that a committee of conference be appointed on the when subject to a point of order. In the second session of the Forty disagreeing votes of the two Houses on said bill. feventh Congress, Mr. Chairman, there is no other definition of those There was no objection. duties. I find an appropriation fer a superintendent of Indian schools, The SPEAKER announced the appointment of Mr. TOWNSHEND, $3,000, and following that I find in each successive session since the Mr. MAisH, anu Ur. STEELE as managers at the conference on the part Forty-seventh Congress a simple appropriation in a single line, $3,000 of the Honse. for a superintendent of Indian schools. ORDER OF BUSINESS. I do not find that the title of superintendent of Ihdian schools has The SPEAKER. The gentleman from Arkansas moves that the ever been created·or defined by any other statute than that which I House take a recess until 8 o'clock for the purpose of further consider have just read. It says: ing the Indian appropriation bill. Pl·ov ided, That the President shall appoint a person to inspect all Indian Mr. MILLS. And no other business whatever to be transacted. schools. . Mr. PEEL. That is the motion. · Upon that slender basis the present Indian school system bas been Mr. BLAND. Why can we not take this up to-morrow? built. · We have a so-called Indian superintendent of Indian schO?ls, The SPEAKER. The motion is not debatable. whose duty has never been defined, although I did again in the Forty Mr. McCREARY. I ask the gentleman to limit the session to not eighth Congress attempt to have it defined, but it was rnled out on a later than half past 10 o'clock. point of order. Instead of doing the work he should do-go into the Mr. HOLMAN. Oh, 10 o'clock is late enough. field and inspect the schools, and see that the education of the Indians The SPEAKER. Debate is not in order. The question is on the is built up-the so-<'.alled superintendent, instead of traveling through motion of the gentleman from Arkansas. the reservations and inspecting these schools, sits-in his office here at The motion was agreed to. Washington and runs a bureau. And accordingly (at 5 o'clock 8.D.d 30 minutes p. m.) the House took Now, the purpose of my amendment to the bill is simply this: To a recess until 8 o'clock p. m. restore the office of superintendent of Indian schools to its original pur pose, and make him what the law originally made him-an inspector EVENING SESSION. of Indian schools-and to require that at least one-half Qf each year, under the direction of the Commissioner of Indian .A.:ffairs, he shall The recess having expired, the House reassembled at 9 o'clock p.m., actually.go into the field and inspect the schools and report upon their and was called to order by :Mr. McMILLIN as Speaker pro tempore. condition, and especially upon the condition of the schools upon the The Clerk read the following: Indian reservations. SPEAKER's RooM, HOUSE OF REPRESENTATIVES, Februarv 26, 1889. Now, I find by looking over this bill that there is a good deal sub I hereby designate Hon. BENTON McMILLIN to preside a!l Speaker pro tem ject to a point of order. This item ll,lay be subject to a point of order, JJore at the session of the House thia evening. JOHN G. CARLISLE, Speaker. but I think not. I do not really think it is subject to a point of order, Bon. JoHN B. CLARK, Clerk. but that it is in order. At any rate, upder that law, which is the only INDIAN APPROPRIATION BILL. statute defining the duties of that offic.;l, he shou~d not be confined to his office in the city of Washington, but he should do what the law Mr. PEEL. I move that the House resolve itself into Committee of originally inte.uded that he should do-go out into the field, go on to the Whole Honse on the state of the Union for the purpose of consider the Indian reservations and make reports on these schools; in order ing general appropriation bills. that we may have information upon which we may intelligently legis The motion was agreed to. late. The House accordingly resolved itself into Committee of the Whole I do not desire to consume time, but I think this is a sensible and Honse on the state of the Union, Mr. DOCKERY in the chair. reasonable amendment, against which the point "of order ought not to The CHAIRMAN. The Honse is in Committee of the Whole for the be made. purpose of considering general appropriation bills. The Clerk will re Mr. PEEL. I would suggest to the gentleman from Michigan that port the first bilL it would be better to withdraw this amendment and withhold it until The Clerk read as follows: we get to the last section of the bill, which provides for the superin A bill (H. R. 12578) making appropriations for the current and contingent tendent. This merely provides the salary. His amendment could go expenses of the Indian Department, a.nd for fulfilling treaty stipulations with various Indian tribes, for the year ending June 30,1890, and for other purposes. in better at the last section of the bill, where it is endeavored to define the duties of the superintendent. The Clerk resumed the readinlil: of the bill at line 10 on page 3. Mr. CUTCHEON. I did not know that there was a section defining The Clerk read as follows: the duties of the superintendent. Pay of one superintendent of Indian schools, $4,000. 1\Ir. PEEL. There is in the Ia.st section of the bill. Mr. CUTCHEON. I desire to offer ai::tamendmenttocomeinatline Mr. CUTCHEON. Then I will withdraw the amendment for the 23, page 6. present. I did not observe that the duties of the superintendent had The Clerk read as follows: been defined. P1·o1rided, That the said superintendent of Indian schools sbaJl spend at least MESSAGE FBOM THE SENATE. one-half of each year, to be directed by the Commissioner oflndian Affairs, in the tield in the actual inspectio.n of Indian schools; and be shall make full reports Th~ committee rose informally to receive a message from the Senate, ofthe condition of a.llsuch schools, and especially oft be schools on Indian reserva- and Mr. McMILLIN took the chair as Speaker pro tempore. tions, to the Commissioner of Indian Affairs, together with suggestions for the improvement of such schools. A message from the Senate, by Mr. PLATT, one of its clerks, an Mr. ROGERS. I reserve the point of order upon that amendment. nounced that body bad passed bills of the Honse of the following Mr. CUTCHEON. I desire to be heard briefly, and then the ques titles: tion of the point of order can be made. .A. bill (H. R. 285) for the relief of the legal represmtatives of H. Mr. Chairman, the history of this office of superintendent of Indian Cortbs,deceased; · schools is very peculiar. Its duties have never been defined except as A bill (H. R. 329) for the relief of Chambers & Brown; defined by a paragraph in the Indian appropriation bill in the Forty A bill· (H. R. 565) for the relief of Mary A. Howse and Lula H. seventh Congress. 'rhere will be found upon page 70 of volume 22 of Howse; the Statutes at Large this paragraph, which first created this office, and .A. bill (H. R. 766) for the reliefofH. L. Newma~; which is the only definition of the duties of this office that has ever A bill (H. R. 948) for the relief of William H. Tabbarrah; and been made in any law or statute. It is this: A bill (H. R. 4489) for the relief of J. M. Hogan. The President is authorized to appoint a. person to inspect all Indian schools, It also announced the Senate had passed a bill and joint resolution who is hereby required to report a. plan for carrying into effect, in the most eco· of the following titlesj in which concurrence was requested: 1889. CONGRESSIONAL RECORD-HOUSE. .2361 A bill (S. 508) to empower Robert Adger and others to bring snit in Mr. MILLS. How long are these treaties to continue by which we the Court of Claims for rent alleged to be due them; and are bound to pay these Indians annuities? Joint resolution (S. R. 83) for the relief of the Venezuela Steam Mr. PEEL. There is no limitation in this case at all. The gentle Transportation Company. man will notice that generally the treaties run for twenty or thirty It also announced that the Senate had passed the bill of the Honse years; that is, there are twenty or thirty installments, and the bill (H. R. 3829) for the relief of Wesley Montgomery, with amendments; making the appropriation generally specifies that this is the twentieth requested a conference on the disagreeing votes of the two Houses or the twenty-first or the twenty-second installment, or whatever the thereon, and had appointed as conferees on its part Mr. PAD DOCK, number may be, but in this treaty there is no such limitation. The Mr. CoCKRELL, and Mr. BERRY. Government obligated itself to remove these people and subsist them It further announced that the Senate had passed a bill of the House for twelve months, as I have stated, with a further proviso that if any • (H. R. 689$) t.o require the United States circuit and district judges to individual Indians saw fit to remove themselves and subsist tltemselves instruct the jury in writing in certain cases, with amendments; re for twelve months, there should be a commutation allowed them in quested a conference on the bill and amendments, and had appointed money instead of the expense which the Government would have in as conferees on its part Mr. WILSON of Iowa, Mr. EVARTS, and Mr. curred in removing and subsisting them. VEST. Mr. PERKINS. If the gentleman from Arkansas will permit a It further announced that the Sena.te had passed a bill of the Honse suggestion, in June last the Senate ofthe United States called upon the (H. R. 942.'3) to restore to the public domain and to regulate the sale Interior Department for information concerning these Indians, and in and disposition of certain lands east of the Mississippi River in the State response to that resolution a statement giving the full history of this of Louisiana, with amendments; requested a conference on the bill and case was transmitted to the Senate, and we have it here now as an ex amendments, and had appointed as conferees on its part Mr. PLUMB, ecutive document. The letter of the Commissioner of Indian Affairs Mr. TELLER, and Mr. WALTHALL. is quite brief, and as it gives clearly the history of the transaction, it It also announced that the Senate had passed the bill (H. R. 11165) any gentleman desires I think it would be well to have it read. for the relief of John Gray with amendments, requested a conference Mr. HOLMAN. I hope that letter will be read. · on the bill and amendments, and had appointed as conferees on its part The letter was read, as follows: - llfr. DAVIS, Mr. STEWART, and Mr. BATE. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, It further announced that the Senate had passed the bill (H. R. 6677) Washington, D. 0., June 19, 1888. to amend an act entitled "An act to increase the police force of the Dis SIR: I have the honor to be in receipt, by your reference of the 7th instant for early report, of the following Senate resolution, dated June 6, 1888: trict of Columbia, and for other purposes," approved Jannary 31, 1883, "Resolved, That the Secretary of the Interior send to the Senate a copy of a with amendments; requested a conference on the bill and amendments, report made by R. L. Owen, United States Indian agent for the Union agency, and had appointed as conferees on its part Mr. HARRIS, Mr. SPOONER, relating to the claims of Indians of the Oreek tribe for reimbursement of ex penses of travel and for a year's support when said Indians were emigrated to and Mr. F ARWEJ.L. the Indian country west of the Mississippi River, and any other facts shown on the records or files of the Indian Bureau bearing upon the justice of such INDIAN APPROPRIATION BILL. cla.ims." In compliance with the requirements of said resolution I submit herewith a The committee resumed its session, Mr. DocKERY in the chair. copy of Agent Owen's report, together with copies of emigrating list and twenty The Clerk read as follows: three affidavits taken by him in support of the claims examined by him. I To pay the expenses of tra.nsportation of two hundred and seventy-four Oreek also inclose a list of the If-emigrating families, showing that two hundred Indians at $30 each, and subsistence for twelve months at $25 each for one hun and seventy-four individuals claim reimbursement for transportation expenses dred and sixty Creek Indians, said Indians being :aamed and described in a list and one hundred and sixty for subsistence for twelve months after arrival in appended to the letter of A. B. Upshaw, Acting Commissioner of Indian Affairs, the Indian Territory. dated 19th of June, 1888, set forth in Executive Document No. 198, Fiftieth Con These claims arise nnder the seventh article of the treaty wUh the Creeks of gress, first session, and being entitled to the SUlD.S per capita due them nnder 1826 (7 Stats., 287), which provides that- the treaty of--, 1826, and the treaty of --, 1832, with the Oreek Indians, •• The emigrating party shall remove within twenty-four months and the ex the sum ofS12,220, to be paid to the person authorized to receive and pay out pense of their removal shall be defrayed by the United States." the same to the persons entitled thereto by the legislature of the Oreek tribe ot By article 12 of the treaty of 1832 (7 Stats., 367), nnderthe provisions of which Indians; and said sum shall be distributed only to the Indians named in said nearly all of the Creek emigrants were transported to the West, it is provided list, or their legal representatives, and the payment under this act shall be a full that- · and final discharge of the United States from all further liability to any Indian " As fast as the Creeks are prepared to emigrate they shall be removed at the of said tribe on account ofanycln.im for transportation or subsistence nndersaid expense of the United States, and shall receive subsistence while on their journey treaties or under any act of Congress relating to said treaties. and for one year a.fter their arrival at their new homes." The greater part of said Indians emigrated in 1836, 1837, and 1838, and parties Mr. MILLS. Mr. Chairman, I call the attention of the gentleman of them continued to remove from year to year nntil1852, at the e:xpenss of the having charge of this bill to the fact that there are ~ertain blanks in Government or their own resources. Those proyiding their own transportation and subsistence were subsequently this paragraph. paid the sum of $55 each by the United States as commutation therefor. Mr. McMILLIN. Before that question is discussed I want to reserve The last payment to self-emiiq&tin~ Creeks was made in 1882, from the appro a point of order upon the paragraph. priation for "expenses of removmg and subsisting Creeks, act of March 3, 1839," and a balance of $4,586.51 was carried to the surplus fund in September of that Mr. PEEL. The paragraph does not state the month. That is the year. only omission. The list now forwarded comprises, as before stated, 274, who claim transporta ltfr. McMILLIN. I would like to ask the gentleman fro:m Arkansas tion expenses at S30 per head, 58,220, and 160 subsistence for twelve months, at $25 per head, $!,000; total, $12,220. from what fund this appropriation comes, whether it is from a fund now Very respectfully, due to this tribe of Indians. A. B. UPSHAW, Acting O gress of March 2_, 1861, shall be submitted to two commissioners to be named by to the Medawalmnton ba.nci of Sioux Indians, who have reside_d in said stale tbe President of the U nited States for examination, and said commissioners, since the 20th day of May, A. D.l886, or who were then engaged in. removing to after being sworn impartially to decide on said claims, shall make report of said State, and have since resided tbe·-in, and have severed their tribar rela their judgmen t in the premises, together with. the evidence taken, to the See• tions, 812,000, to be expended. by the ::,e firom wher& he now ance with the suggestions of the gentlemen on the Committee on Indian . resldes and to any l.ocahty or lAnd agamst his will. Affairs, and offer :it in lieu of that which I had previously offered. :Mr. NELSON. I offer the following ~mendment to that paragrapl'r~ The Clerk read as follows: The Clerk read as follows: On png6 24, line 10, after the word "Interior, •• insert •• and approved by the On page 34, line 8, insert the ''l'ord " seed," after the word u implem.en.t.n Secre tary in: whose Department the same_ may be filed," Mr. PEEL. I would suggest " or may- be appYo-ved by the D.epart Mr. BUCHANAN. I reserve the point. of order on the: p::tragt'aph mentwhereftled." I think you had better have it" is" or "mav be." beginning with the sixteenth line~ I may not. desire to make it. !Ylr. PERKINS. ' I would sug~Ht to the gentleman from New Jer The amendment was agreed to. sey that it read this way: "Has been or may be approved by the Sec :Mr. MILLS. This s.ee:ms to be a proviSion that is nolr covered or• retary in whose Department the same. is filed." authorized by treaty stipulation.. We are making expenditures for Mr. BUCHANAN. I accept that. these Indians ro build. hous~ to pay for cattle, horses, f.u:m. imple The Clerk reported the- amendment as modified: ments, and everything of that so.rt,. and also fOl'" seed, watch has: jusi; And which has been or may be approTed by the Secretary in whose Depart been put on. my ame)ldment. Now-,. we hava been_going on witk this ment the same may be filed. kind of legislation for a number of years, and :E would like to know The amendment was agreed to. what progre.ss has been made in the way of teaching them to sup}JOrt The Cle:rk read as follows: themselves by agriculture oragriculturallahel'2 Will soma gentleman To carry out and fulfill th.& first clause of mrticle 11> of said treaty of August 7, inform me what progress. has been made in. that d.iredio:n? 1868, and the. awards made th.ereunder, tb:e sum of S48,33&80, to be distributed Mr. PEELr I desire to say tO' th.e p:entlema.zt from. Texas that the. in na.Jlles and amounts to those members of the Citizens' band of Pottawatomie Ind.ians o? their legal representatives n::uned in the communication of J. H.. Committ'eeon In.dian A:ffaits haspursuedonenniformco.m:se since they Morris, agent of said Indians to the Commissioner of Indian. A1fail'S, of date nave had charge of the Indian appropriation bill, to this effect ~ \V e ha:re November 9-, 1871, and transmitted to Congress by tlte Secretary of the Interior gradually decreased th-e approp.riation for the- suppm:t of the India.n ; on December 20, 1871, there being ninety of said names and amounts, the said sum to ba subject. to such amoun.tl as ma.y be due the delegates of said Indians that is: where we were not tied up by treaty stipulations on the. part b-y virtue of contracts o.r powers of attorney. on file in the Departments of tho of the Govemment.. Wo ha-ve decreaBed the appropriations. to su:pport Treasury or Interior; and that. the clause in the act approveQ. March 3.1885, 23. the Indians andincrease.d th'&p.rovision. to enable them to support them Statutes, page 372, refening said elo.im to the Court of Claims, be, and the same is hereby, repealed. selves.. That has, b.ee.n the rule of the committee., Gentlemen ma.y notice that in the parag:Eaph.just ~ed in~rd to the Sioux.. Mr. BUCHANAN. I offer the following amendment to tlrc~tt clause, in precisely the same words as the am..endment which was- adopted. Turning tQ the treaty with the Sioux, it is, very remal'kable- tO> find Th.e Clerk read as lollows: that the Government obligated itself to support tho~e Indians. until On page 2S, line 5, after the wotd "Intel'ior-," insert: izh~.Y should be able-to supporbthemselves~ Tlreraw:mno limit. at all. beuli::,.~ o~ may be approved by the Secretary in whose Department it may Thezefore after twenty ye:ll'S and an expenditure of $3D-.OOO.,OOO b:y ing to teach them to support. themselves we: :find them still dra:wing Mr. PERKihTS. That is all right. rations at the public crib, an.cl we have ins~:rted a provision he:re re The amendment was agreed to. quiring the Secretary to cause a census to be taken to ascertain which Mr. HOLMAN. Mr. Chainna~ I ask that the folJ()wing parngra.ph of these Indians, taking into account their critical condition and all may be read-the fust. part of article 1(}. their: circumsL'l.nces, are abla to- support themselves, so. that hereafter The CHAIRMAN. There is nothing before the committee. those may be left out and we. may :provide. simply-for- the others_ The Clerk :read as follows:- Mr. MILLS~ C.an the gentleman from Arka.n&lS give us any state .A.RT. 10. It ia further agreed that upon presentation to the. Departmeni of the. ment as to whether these Indians ru:e making progress in agriculture-. Interior of the claims. o!said tJ:ib& for depredations committed by othe.ts. np_oa whether they are learning to make com. and wheat and. o.ther things their stoek, timber; or other property~ accompanied by evidence thereof, exam· ination and report. shall be made to Congress oi' the amount found to be equit tliat are necessary for-theirsnb ~tenc&~ ably due, in o.rder that. sucll action may b& taken as. may bejust.in th& premi.seS;. Mr. PEEL. It depends entirely upon the locality- and upon \be M.r. HOLl\1AN. Now, this claim, if it has any legal existence, rests policy that is being ptuSued. As. r have.. said upon this- floor EJU other qpon that paragraph, and I should be >ery glad to. have the gentleman occasions, SQ long as the- Gover.:nment allows th:& Indians to. keep their from .AJ:kansas explain when the awa.rd was made and the cause of the large. reservations, to go. together in large bands, to have their chief& on delay in making the payment of it. the old Indian. system~ and m cultivate and exercise their old sa.vag& Mr. PEEL. I will state to the gentleman from Indiana that as he for instinets., you may pay out a hundred millio.a dollars and keep. it up merly served. on the Committ;ee on Appropriations, he may remember for a. hundred thousand years and they-never will be; civilized. There that upon examination of that award, which was: made by the special is only one way: to civilize the Indian, and that: m to- break up- their agent, M:r: Morris, under the article of the treaty, it would seem that triball'elations, individualize the~ and teack them to support the;n - the evidence was not considered to be satisfadocy to the Department, s.elves. and therefa.re. they detailed a special agent to make are-examination, M11. PERKINS.. Teach them to work:: and let them understand that and. he made it considerably less and with the names of fewer Indians. they have got: to wo1'k. That. was approved by the Secretary of the Interior~ Mr. PEEL~ Yes. I know of no reason w by it has not been appropriated for. It bas been M.r. ALLEN, of Michigan. I will sayto myfriend from. Te-xas: [Mr. estimated for by the Department; of the Interior to the. Committee MILLs] that. some of the Siomc. Me: learning the- way of civilizatiQn; on Appropriations, and. I know of no. reason why it was not paid, as they have bee.n lately: resisting the collection of taxes. [Lnu.ghteL l except one--that is,. that at one time, in th-e Forty-sixth or Forty Mr~ McMILLIN. I can give another instance of the progress they ~venth Congress, an. effort: waa made to refer this and other claims to. are making toward civilization, When: our committee was out some the Court of Claims, but through an error in the engrossment it was years ago examining-into the eondition of the Indians one of tl1e agents. left out. I was estimated for on_ several oecasioll8, but why tbe Com with a great deal ofjust 1Jride in the p:rogre.sstbeyhad:madersuggested mittee on. Appropriation, having charge of tho bill, did not put it in to the. committe.e thall he wished them to>go. ont some: distance. and see the bill I do. not know But yew:: after year the usual item was re an Indian for 'Yhom he had built a house and whom he was teaching ferred to the committee b.y the Interior Department, and they recom the ways of civilization.. mend again that it be paid.. That bas bee:n long yea.rs ago, and as there The co-mmitt-ee, wen~ out. some- miles; tar see tlJis. evidence of ci-viliza is. nOJ interes.tacc.t:ui:ng~ we. tho.ughtit had certainly waited longenongb. tion epri.nging up i.n the wild.erness, and when they got. in sight:o.fthe The Clerk read as follows: house they noticed that£ the roof of ifiwas.goneand: that a tent. was-spread Siou.x. 1\fedawakantou andb~ at som little. distance. from. too house, and, on getting nearer, iii was For t.4e suppOLt' of t.h.e full-blood lndiarul 1n Minnesota Jl.e.mtofore belo.uging , dis£ayered that. the fudiall. had mDVOO his family into, the ten.tt a~d . CONGRESSIONAL RECORD-HOUSE. FEBRUARY 26, probably burned the boards of the roof or otherwise disposed of them, who are almost self-sustaining, some absolutely so. The Navajoes up and had his horses stabled in the house! [Laughter.] in Arizona are, as my friend from Indiana [Mr. HOLMAN] knows, Mr. WEAVER. The Sacs and Foxes do that in Iowa now. almost self-supporting; they are a pastoral people. The Flatheads on Mr. McMILLIN. The gentleman from Iowa saye that the Sacs and the Montana reservation are almost or quite self-supporting. The same Foxes do that in Iowa now. I know, Mr. Chairman, that this is a troub may be said of the Miamies and Peorias in the Indian Territory, the lesome problem to deal with, especially in view of the way we have Qua paws, the Osages, and many others. started. I think we have started wrong to a very great extent. I A MEMBER. And the Pott..1.watomies. agree, howaver, with the gentleman from Texas [Mr. MILLS] that it Mr. PEEL. Yes; and thePottawatomies. I wason tbereservation is time to begin to cut loose from the existing system and let the In of t.be Mi.amies andPeorias some time ago; and were it not for the waste dians swim a little for themselves, and we shall never make any prog country which could be seen around I would not have known that I ress in civilizing them until we do that. was not in Missouri or Kansas or Arkansas. Those Indians had large If I had my way I would stand byeverytreatystipulation; I would farms, good barns, plenty of cattle, wagons, nnd buggies. There has even stand by the treaty by which we have agreed to support these been a great deal of progress made, but the work of civilization is a Indians until they learn to snpport themselves. I wonld stand by every slow process and we must be. patient. treaty stipulation, but I do think we ought to stop with that; I think Mr. HOLJtiAN. In answer to the inquiry made by the gentleman we ought not to go beyond the treaty stipulations. There is no more from Texas [Mr. MILLs] I would say that as a generalmle, so far as reason why the Government of the United States should become a pa the Indians have been permitted to remain in the same country for any ternal institution for the Indians than .why it should become one for long period of time, and have been under good agencies, they have made the white-roan, and there is absolutely no reason why it should ever fairly good progress, everything considered. For instance, take theYak become such an institution for the white m.:m. amas, on the eastern slope of the Casca '. -· 1889. CONGRESSIONAL RECORD-HOUSE. 2365 governor to the Territory of Washington, and was made commissioner couraged and rewarded and self-reliance and self-respect inspired, so of Indian affairs of that Territory. far as the discretion of the committee in maturing this bill could accom His duties extended beyond the limits of the Territory in assigning plish such result. This, I take it, is in pursuance of a policy that con• territorial possessions to the Indians. He secured for them good and templates the earliest possible dissolution of all dependent and tribal valuable lands. They settled down upon them and had a promise of relations, n,nd the reception of the last Indian into the body of Ameri· .. the lands to be assigned to them in severalty in the progress of time or can citizenship, his assimilation with our institutions, and the total as soon as they were able to cultivate them and take care of themselves. aboliti~n of the annual Indian appropriation bill, the IndiaJl Office, and Three years ·ago, when the House committee went through there, they all branches of the so-called Indian service. found these Indians settled upon good lands and eager to obtain titles The mistaken philanthropist may hesitate on the one hand, and the to them in severalty. On one side the Catholics had control for many complacent sinecurist may object on the other, but that policy is th~ years, and on the other side the Presbyterians, but yet they bad made best policy which will in a. just way at the earliest moment relieve us equal progress. We found the women to be well clad, the men thrifty of the need of any policy at all. Many thousand Indians have ceased and industrious, driving wagons and engaged in the work of the field to be wards of the nation, and are law-abiding, self-respecting and self· a self-sustaining people. sustaining citizens. It is the state-fed Indian who is most helpless. So I think the people of the United States can feel assured that Give the Indian fair educational facilities, inculcate habits of indust17., within a reasonable time the progress of the Indians will be such as to give him his land, and leave him to take his chances of success or fail make them self-sustaining. They have made good progress np to this ure in life in common with other races. Did I not believe this to be time. The great trouble is that too sma.ll a percentage of the millions the early and final solution of the Indian problem I should not vote appropriated goes to their benefit. The Indian agent should be not for the appropriation of a single dollar of public funds beyond the sums only a mal}. of good character and standing, but he should be a benevo guarantied by treaty. lent man, having the care and interests of the Indians und~r his charge Mr. ALLEN, of Michigan. Mr. Chairman, I 1.-now that the chair closely at heart. We do not place a large number of such gentlemen man of the committee is very anxious to finish the consideration of in our positions unfortunately. It is not always possible to get them. this bill, and so am I as a member of the committee. I shall there We do the best we can, and the progress has been encouraging. fore occupy but little time, as I want simply to say that I appreciate [Here the hammer fell.] the suggestion of the gentleman from Texas as to the want of informa Mr. SHIVELY. :Mr. Chairman, I have thus far been quite con tion in CongreiB, and by the people generally, of the progress' the In tent to defer discussion of the Indian question to those of longer pub dians' have been making. The fact is that we have not information lic service and larger experience, but I am tempted on the present oc enough as to their treatment and progress, expending as we do mill casion to detain the House briefly with an expression of individual ions of dollars annually in this service. But progress has been and is judgment on certain phases of the subject suggested by this bill. being made amongst them; and whtle it is costing some money, yet Should the House of Representatives be engaged two generations for every dollar we have given we have taken unjustly at least one hence, as to-day, in the consideration of an annual Indian appropria hundred. So that we are yet largely their debtors and have little tion bill, will it not be because our India}l policy in the mean time had cause to complain. been a dismal failure? Are the two centuries of checkered expedients And it will be many years before we fully pay that debt which we which.mark the history of the relations between the Indian and Cau honestly owe him. The only way we can do it with ·advantage to our casian races on this continent to suggest no termination of the struggle selves and to him is to make him more and more like an American against forces which government may in a measure direct, but which citizen. The time will speedily come when the blanketed Indian it can never control? What is the ultimate purpose of all legislation must go; when Indians, negroes, white men, and a.ll others, in this on the Indian question? Are we to contemplate for a moment the per country must look to themselves for support, and look to the Govern manency of the relations out of which proceed these annual expendi ment only fot< protection while they are making :tn honest livelihood. -- tures of public money? Can these appropriations from yeartoyea1 be That is the point towards which we must all to-day strive. In doing justified on any ground other than that this is the most economical and it we must not be niggardly in our treatment of the Indian, but honest humane process of solving a vexed problem and eliminating the Indian in "our treatment. I must say to my friend from Indiana, whose hon question from our national legislation? esty is unquestioned and whose judgment I highly respeet, that at This, sir, in my judgment, is the only just.ification consistent with his door may be laid somewhat of the failure of the Indian policy in the best interests of the Indian, the rights of other races in this coun many respects. try, and the honor of the Government. The system destroys a. people I have been familiar with his position on this and other questions for that induces them to idleness or tempts them to mendicancy. .There many years, and to the cheese-paring that he has always stood up for exists no fundamental principle peculiar to the history of any race which relative to pay of Indian agents and others engaged in this work is due relieves it from the operation of the doctrine that- the failure of our efforts more than auy other of the thousand reasons In the sweat or t.hy face shalt thou eat bread. which have been given. Why, the gentleman from Indiana .knocked The right of the Indian to the benefits of this sacred curse should be me out of$300 when I was Indian agent. [Laughter.] He did it hon neither neglected nor restrained. Self-reliance and self-sustenance are estly, but ''the laborer was worthy of his hire." As soon as the Demo the quality and habit of a strong people. While these ha>e never been cratic Administration came into power it proceeded on the theory that created by paternalism in government, they have often been destroyed one of two things was true, either that I did not get pay enoogh or by it. The relation of guardian and ward, as between the nation and else that I had not capacity to earn what I did get, and they let me the Indians, is anomalous and inconsistent. This relation, associated, out. as it has been, with a. treaty-making power, ha-s led to countless con :Mr. HOLMAN. If my friend from Michigan [Mr. ALLEN] will. troversies, and settled none beyond dispute. permit me to interrupt him a moment I will say that when I iound Again, sir, the tribal relation is a barbarous relation. In it is scru how so excellent and valuable an officer could be retained in the serv pulously preserved a. more or less com plicated scheme of laws, customs, ice as my friend of the northern peninsula. of Michigan, and saw the and usages peculiar alone to barbarous life. There is no kindness, nor admirable manner in which he looked after the Indians unuer his wisdom, ner justice in appropriating public moneys to preserve that charge, as well after as before the salary was reduced, I felt that the· relation. The habits, customs, and usages peculiar to such relation removal of a mercenary motive from office secured the public good, should be discouraged at every step. There should be an early allot for my friend, with great efficiency, still performed the duties of the ment oflands in severalty, with a limited restriction on the power of officer. So public interests did not suffer. alienation. The relation of guardian and ward should be dissolved. Mr. ALLEN, of Michigan. · I am entirely satisfied with the expla · The Indian should be treated as having come of age, given his patri nation. [Laughter.] I want to say to my friend from Indiana if he mony, and then left to his ownresonrces. Property and responsibility knew as well as I did at the time what an Indian agent was worth, · are civilizing forces. Besides this, government is not an insurer of per he would have been willing for him to have more. This bill contem petual and unquAlified success and happiness to any class of people. plates making a census, and putting the Indian more in a condition to The acquirement. of personal success and happiness is an individual, depend on himself; and it is a thing that ought to have been done not a public function. Congress can and should choose between civili years and years ago. When we do this we shall not have a car-load of zation and barbarism, and appropriate money only to advance the for Indians coming down to Washington as representatives of an independ mer, never to preserve and fo3ter the latter. ent nation telling this great country what it must do in order to pla Speaking for myself, Mr. Chairman, I believe these general principles cate them; bnt they will have to do as you and I have to do, aud as ... hav~ been obser\"ed in the preparation of this bill, so far as the discre our children must do, and what eYerybody who is a citizen· of the tion of the committeeoverthesubject-matter involved extended. Lib United States in the near future must do-take care of themselves and eral appropriations are made tor educational purposes. Liberality is not depend upon the Government. They must look to the Govern observedintheappropriationfor agricultural implements and the tools ment to see that their rights are preserved, and that is as far as they and utensils employed in the trades and arts of civilized life. The al can go, and the quicker that time comes the better _for us and them. lowancefor subsistence, which more than any other tends to breed idle Mr. MACDONALD. I do not wish to occupy the time of the com ness and mendicancy, is reduced. Preference is given to the Indians mittee very long, butt would suggest that it would have been better who have abandoned their nomadic habits, while the roving bands re to have selected another paragraph in this bill on which to make gen ceive less consideration. eral observations on the measure, for this is one of the most meritorious Thus, Mr. Chairman, are habits of industry, thrift, and economy en- appropriations on the bill. It is not an appropriation given as a. char- • -, 2366 CONGRESSIONAL REOORD-HOUS,E. FEBRUARY 26; ity at all, but an appropriation given for tbe benefit of full-blooded Mr. MLLLS. I will ask the gentleman in charge of the bill whether Indians belonging to tills tribe who separated themselves from their this is in conformity to treaty stipulations? tribal relations, have gone to reside among the whitJl.!!, who are teach· Mr. PEEL. No. in~ them to snpport themselves by agricnltnral pursuits. There are Mr. MILLS. These are very troublesome neighbors of ours and I about two hundred of them, nnd they are nearly all in my district. would like to know what progress they are making. I would like to By the Indian war of 1862 the tribe to which they belonged violated hear a good report from my friend from Indiana [Mr. HoLMAN] in re the treaty under which they were receiving annuities. Very soon after lation to the progress of the Kiowas and Comanches. wards Congress declared that treaty abrogated, making no di.sclimina6 Mr. HOLMAN. The .Arapahoes .are doing pretty well. (Laughter.] tion in the act of forfeiture, and thereby excluded from the benefit of ltir. MILLS. But what about the Kiowas and Comanches? the treaty these Indians as well as the o'thers. These particular In- , Mr. HOLMAN. My friend .knows that those Indians were removed dians belong to a cla..."S that remained friendly to the whites and fought there at a. comparatively lat-e period of time. for the whites. This I know myself, as I was there and passed through M.r. MILLS. Twenty years ago. all of that crisis. We are comJ:lelled to come in here and ask Congress Mr. HOLMAN. Well, the old on~ were born and 11\ised elsewhere. for the be~rly appropriation which has been made in the last two or The young ones of course are natives of the Territory. The Indians, three years for the purpose of securing to them agricultural implements however, who have made progress are those who have been permitted and seeds. If we succeed in getting the appropriation made we do to remain stationary. These Indians have been moved from one place not e.tpect to get more thah one fourth of what these Indians would to ~mother, driven back before our advancing civilization, and they have be entitled to. The treaty gave the band for fifty years $58,000 a year. made no progress. The Indians in the western portion of the Terri They do not get any of it tO-day. It has been confisca.tedJ and we have tory c..m not be said t-o have made much progress. not complied with their treaty rights. Mr. ~IILLS. I think the reservation on which the Kiowas nnd Mr. NELSON. I offer the following amendment. Comanches were located was selected by General Sheridan about 1866, The Clerk read as follow!!: and we have been tnaking large appropriations for their :subsistence In line 2, pa.ge 85, so as to conform wlt.h the p"tior a.mendm~nt, insert the word from year to year ever since, a.n.d now I would like to hear some good ".seeds" after the word "implements." testimony ns to their progress. The amendment was agreed to. :Mr. HOLMAN. But at the same time those Indians have been shift !Ir. PEEL. Mr. Chairman, I desire to offer the amendment whicn ing about a great deal. A portion of the Kiowas went back into Da I send to the desk. It comes in on page 37, between lines 11 and 12. kota. There has been an unsettled condition of things all around It was inadvertently omitted from the bill. them and th()y have made no such progress as you will find amonJZ other The Clerk read the amendment, as follows; Indians. Set!olld or ten installments or SlliO,OOO lmOh, to be expen.ded under the direc Mr. PERKINS. Let me remind the -gentleliUUl from Texas [Mr. tion of the Secretary of the Interior. for the support a-nd civilization of the In MILLS] that in the last annual appropriation bill there was -an appro dians attached to the Blackfeet agency, Montana, as per act app1·oved May 1, 1888, $150,000. priation of $275,000 for this purpose, while this year we have cut it Second of ten installment-s of $115,000 each, to be expended under the direc down to $250,000. The policy of the committee has been, aa stated tion ofthe Secretary of the Interior, for the support and civilization of the In by the ·chairman awhile a.go1 to cut down the appropriations for the dians attached to the Fort Belknap agency, Montana, liS per act approved 1\:lay l, 1888, 1115,000. subsistence of the Indians. We have in .some instances increased the Interest on $00,120, at 5 per cent. per-annum, being value of 54: sections of land educational fund, but we have in every instance decreased the subsist set apart by treaty of June 2, 1825, for educational purposes. per Senate resolu ence fund, upon the idea, of teaching the Indians that they bad got t-o tion <>f January 9, 1838, S3,456. take care of themselves, and} like any other American citizenl have to Mr. McMILLIN. I reserve the point of order on that amendment work to earn their bread. · · in order to bear an explanation from the gentleman in regard to it. M:r. M:ILLS. I am not at all criticising the course of the committee. Mr. PEEL. Mr. Chairman, it will be remembered that at tl~e last I think they have done very wel1. My remarks are directed to the session of Congress a bill was passed to ratify an agreement between the general policy we have been pursuing. Government and these Indians at Fort Belknap and Blackfeet and the lt1r. PERKINS. Well, we are getting away from that as fas~ as we .Assinaboine Indians in ltiontana, by which they ceded to the Go~ern can. ment some 17,000,000 acresofland. The Government agreed to :pay Mr. Mcl\ULLIN. Mr. Chairman, I raise the point of order upon this for that land in ten annual payments. At the time the Indian appro paragraph. I know of no obligation that we are under to appropriate priation bill passed the House the usual appropriation as a gratuity was this quart-er of a million of dollars, and I think we ea.n get a. way from in the bill, but knowing that the other bill had passed the House to ratify the policy that is objected to a little faster tbm1 we are doing here with the ap;reement by which the regularly stipulated amount would be out any injustice to the Indians. paid to them, and not knowing whether or not it had passed the Senate Mr. PEEL. 1\Ir. Chairman, the paragraph is not subject to the point and become a law, we incorporated the usual amount in the regular . of order, because the committee have the power to report an appropria Indian appropriation bill, with a proviso that in case the other bill be tion for the subsistence of these Indians. came a law that appropriation shonld not be used. The bill ratifying · 1\Ir. HOLMAN. That has been the law for many years. the agreement did become a law, and this amendment provides for the Mr. PEEL. It has been the law in regard to appropriations for s ~co nd installment in payment for those lands. By some means or other years and years. Certainly this provision is not subject to a point of unknown to the committee it was omitted from the printed.. bill The order. . The only question is a matter of judgment as to how much we amendment is taken from the regular estimates and is strictly in ac shouldappropriateea.chyear. · Weare graduallyreducing the amount. cordance with the agreement. Mr. PERKINS. We have made a cut of $25,000 this year. Air. MORGAN. It is a part of the purchase-money for the land. Mr. McMILLIN. And how many of these Iudians have made any Mr. PEEL. Certainly; it is a part of the purchase-money for the progress in civilization? Not any, I presume. land. Mr. HOLMAN. Oh, yes. The Arapahoes have made some progress. The CHAIRMAN. Does the gentleman from '£ennessee [Mr. Mc There is some land being cultivated in the western portion of the Indian MILLIN] desire to submit a point of order? Territory. The Arapahoes are doing 'liery well; and some of the Co Mr. Mcl\IILLIN. No, sir. I simply wanted to elicit the statement maaches. which the chairman of the Committ-ee on Indian Affairs has just made. Mr. PERKINS. Yes; and tbe Kiowas and Apaches. Mr. HOLl\lAN. I suggest to my friend from Arkansas [Mr. PEEL] Mr. HOLl\IAN. And the Sacs and Foxes, still further east. that this should come in among the treaty provisions where it properly Mr. PERKINS. Yes; they are well ad"tanced in civilization. belongs. Mr. HOLMAN. They are as well advanced as any Indians you -will Mr. PEEL. I suggest it come in between lines 11 and 12. fi..nd anywhere. The amendment was agreed to. Ur. McMILLIN. Mr. Chairman, I do noli know whether a point of The Clerk read as follows: order will lie against this provision. Therefore I mo...c to shike it out. The Secretary of the Int~rior is hereby authorized and directed lo enter into There is no doubt about my right to do that. contracts with such tribes, bands, nations, or i.ndividual Indians as in his judg The CHAIRMAN. The gentleman can make that motion. ment have sufficiently advanced in civilization to be competent to transact their Mr. McMILLIN. In support of that proposition~ I wish to say that own business affairs for the purpose of making final settlement and payment of such sums a.s may be due them from the United -States either 1.\S permanent or here are a number of tribes of Indians who, so far as we are able to limited annuities, or otherwi'Se, and that sa.id contracts be by him reported to find, have not made any prop:ress; cert~ly nothing definite can be · Congress for ita consideration and action. stated in regard to it. We are caJ.lcd upon to appropriate a quarter Mr. BUCHANAN. Mr. Chairman, I raise the point of order on of a million dollars of the money of the people of the United States the words "and directed," in the second line. The whole paragraph for the support o£ these Indians. Now, I am willing enough to • ... , 1889. CONGRESSIONAL RECORD-HOUSE. 2367 human being who has the demand made upon him for his support. The that paper. The Commi'3Sioner of Indian Affairs issued an order to pre sooner we teach this to the Indians the better it will be for them and vent the publication of that paper. It is a creditable production. They for us. brought suit in the United States court and recovered a verdict against 'Mr. PERKINS. In answer to my friend from Tennessee [.Mr. Mo the Indian agent. :MILLtN] I wish to say that but a few years ago these were blanketed Mr. HOLMAN. What did they do that for? tndians upon the Western plains. Being whipped by our soldiery. Mr. NELSON. Because the a~ent thought he would lose his power tJley were taken to the Indian Territory and this reservation set apart unless tlle paper was slopped. He thought the Indian knew already for them by Executive order. During the time they have been there too much. He thought they would meddle with his wayward tricks. they have made considerable progress. Last year we appropriated Be it known, sir, while the Indians up in that country a.re all saints the $27'5,000 for them. This year the Department asked $260,000; but Indian agent is very fnr from being a saint. [Laughter.] we have cnt down the appropriation to $250,000. I am loath to take up the time of this committee, but I assure the The policy of the Government, the policy which the committee haM gentleman from Tennessee and other gentlemen my Chippewa Indians ~ndeavored to follow, has been to teach these Indians to work, to ad are making rapid progress in civilization and in the ability to take ca.re vance them just as rapidly as circumstances would permit. Ifwe should of themselves. now withhold this entire appropriation, we would not only take from Mr. 'McMILLIN's amendment was l"ejected. ~em their means of support, but would expose the citizens of the States The Clerk read as follows: adjacent to the Indian Territory to the danger of incursions from these Forsupportand civilization of the Navajo Indians, including l>llY of employ~, Indians, who, the assistance of the Government being withdrawn, would $7,1500. be unable to maintain themselves. For continuing the work of constructing ditches a.nd reservoirs for the Nav ajo Indians, $7,500, to be taken from the fl'lnds now in the Treasury belonging :Mr. McMILLIN. And we are to keep them on their reservation by to said Indians. contributing to their support. Is that it? :Mr. PERKINS. They have very little ground tmder cultivation, Ur. HOLMAN. I would like to suggest to my friend from Arkan- and can not without the assistance of the Government n1.aintain them- sas that inasmuch a.s none of this money covered by these two items selves. is to be used for the schools of the Navajo Indians perhaps it would Mr. McMILLIN. Are we annually 'to make this appropriation of a be better to allow it all to be used for the work of constructing ditches quarter of a million for their support, as we have been doing for the embodied in the second paragraph of the appropriation. What they last twenty-two years, without any effort on their part? have most need of there at the present time is 'Water, and as the effort Mr. PERKINS. As I have suggested, they are making some progress. is being made to procure it for them I think it would be better to allow They are getting a little more ground under cultivation each year. As the whole appropriation to go that way. I have stated, they were a few years ago blanketed Indians, who were 1\Ir. PEEL. I have no objection to this. What amendment would taken from the ''war-path'' and placed on this reservation. They were the gentleman suggest? . the Apaches, the Comanches, the Cheyennes, the Arapahoes, who were Mr. PERKINS. Perhaps the gentleman has not observed that some engaged in murdering the settlers upon the frontier. Being reduced to portion of this appropriation is for the pay of employes. The appro subjection by the .Army of the United States they were taken to the priation is made not only for the civilization of the Indians, but for Indian Territ-ory. It has been necessary for the Government to clothe the pay of the employes as welL and feed them at least in part; to guard them against warlike e:r:cur! Mr. HOLMAN. Well, not for the schools or agent, as I understn.nd sions, and to advanoothem as rapidlyaspossible. With this object in it. There is nobody there but the school teacher and the agent. • view we have made these appropriations from year to year. Mr. PERKINS. I think there are several employes. Mr. McMILLIN. Mr. Chairman, I do not wish to be misUllder- Mr. WEA.VER. Yes, and there are some Indian police. I think stood as to my sentiments concerning the Indians. I think that there this had better remain as it is. are many tribes that have been robbed, robbed outright, under the Mr. HOLMAN. When the gentlemanf1·om Tilinois[Mr. CANNON], semblance of treaty stipulations, under pretense of engagements that the gentleman from Kansas [Mr.· RYAN], and myself and others were we have entered into with them. I think that our policy in regard there I think we found but one Indian family living near the agency. to a number of these tribes has not been creditable to us. Hence I They are very much separated. But they need water. I wish to stated in the beginning that where we had made treaties with the mention, however, one very interesting fact which I had from the agent Indians I thought we ought to keep them. But I have doubted the there. Resaid that these Indians, underthegreatdisadvantageswhich propriety of continuing the policy which we have been pursuing; and they labored from nn arid country, had rnised corn· that year, and on thnt is the reason I have offered my amendment. an average 5 bushels to each man, woman, and child of the nation, Mr. NELSON. I move to amend the amendment of the gentleman comprising some twenty-two thousand people of this tribe. It seems from Tennessee by striking out the last word. It has been suggested to be an exaggerated statement, but it was vouched for by this gentle here this evening by several gentlemen that the Indians are not mak- man. ing suitable and proper progress. It is my pleasure to state that among Mr. CANNON. I think my friend from Illinois will find that some my numerous constituents there are between seven thousand and eirrht employes are necessary for conducting this very work that the latter thousand Chippewa Indians, and they have made remarkable and w~n- part of this appropriation is for; that is, the ditches, etc. derful progress. . :U1r. PEEL. I suggest to my friend to let the reading proceed, and 1\Ir. Chairman, as an illustration I can refer among my constituents be can examice this, and if he desires to offer an amendment I will to young Role-in-the-day. His grandfather was oue of the most sav- not object to recurring to it. agP. Chippewa Indians. He got his right of chieftain among the Chip- Mr. HOLMAN. Very well. pewas because he had crept upon and taken a sleeping chieftain of the The Clerk resu.med the reading of the bill to line 11, on page 42. Sioux and scalpe:l him while he was yet only a boy. His sou Hole-in-., 1\Ir. PEEL. That ends the miscellaneous matter, and here I wish the-da~, .t~e famous Chippewa chief, the son of that savag~ boy, be- to offer, ~Y the instruction o_f the committee, t~e fol~owing amend came c1vihzed and came to this city to attend to the business of his ment, which, when read, I desrre to ask to have prmted m the RECORD, tribe. And here he had the good taste to woo and win one of our and then the committee can proceed with the other portions of the bill white sisters in the cityofWashingtonand took her back to the Chip- if they desire, letting this remain until morning. pew:a reservation.. It is his son who is to-day the head of the Chippewa 1\fr. Bl!C~A~AN. Before that I wonl~ like to_ ask t~e chairman Ind1ans and who 1s one of my C{)nstituents. On one side his father whether It IS h1s purpose to nttempt to finiSh the bill to-mght? was the celebrated chieftain, Hole-in-the·day, and on the other his Mr. PEEL. Oh, no; I wish to pass from these miscellaneous items, mother one of the finest young damsels in the city of Washington who however, and then the committee can rise. was induced to go upon the reservation and make her home ther~. Mr. BUCHANAN. Then that amendment can be printed in the This, of c?urse, Mr. Chnirm~, i~ an isol~~ instance, but ifyou go RECORD and go ove~ for considera~on to-m_orrow. . . on the Wh1te Earth reservation m my district you will find two or . Mr. PEE~. Let 1t be read and then I will make a bnef explanation .three thousandoftheseChippewaindi::msengaged in agriculture. Not m regard to It. only have they become successful farmers, but they have also become The Clerk read as follows: Christians. There are no Universalists and no Unitarians among them. That the sum of 31,912,942.02 be, and the same hereby is, appropriated out ot They are none of your milk-and-water Christians. [Laughter.] 1\fy any money in the Treasury not otherwise appropriated, to pay in full the Sam Chippewa constituents, Mr. Chairman, if I may be allowed to say so. inole Nation of Indians for all the right, title, interest, and claim which said b 1 t t f h b , nation of Indians tn.ay have in and to certain lands ceded by article 3 be- e on~ o woo t e est churches; they are either Catholics or Epis- tween the United States and said nation of Indians, which was concluded .Tune copahans. If any of yon were to visit that reservation in the fall you U, 1866, and proclaimed August 16, 1856, and which land was then estimated to would find one body, and perhaps the largest, wending their way to the contain 2,169,080 acres, but which is now, after survey, ascertained to contain . h 1 hil h bo 2,037,414.62 acres, said sum of money to be paid as follows: Sl..500.000 to re Ca th 0 1lC c ape, W e anot er dy, equally dignified, but a little sto- main in the Treasury ofthe United States to the creditofsa.idnation oflndians ical, you would find wending their way to the Episcopal chapel a.nd to bear interest at the rate of 5 per cent. per annum from .July 1,1889, sa.id More than that, not only are they Christians, but they are makina interest to be paid semi-anuua.lly to the trt>s.surer of said nat.ion, and the aum "d · · "liza · Th 0 of $il2,942.20, to be paid to the treasurer of said nation, or to such person or rap~ progress In ClVI tion. ey have established a newspaper persons as shall be duly authorized by the laws of said nation to receive the wh1ch is equal to any country newspaper in Minnesota for I was bon- same, at such times and in such sums as shall be directed a.nd required by the ored last week with halt a column of good abuse. [La~ghter.] I wish legislative authority of said nation; this appropriation to become operative to fi th M Ch · th h fi upon the execution by the duly appointed delegates of said na.t,ion, empowered say ur er, r. airman, ey ave to ght for the right to use so to do, of a release and conveyance to the United States of all the right, title, I • .. 2368 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 26,) ------.------1 terest, and claim of said nation of Indians in and to said lands, in m~;~onner to be available and not to be paid until th~ Seminoles execute a funl 1 d form ~tlsfactory to the President of the United States, and said release · d conveyance, when fully executed and delivered, ahall operate to extin a!ld complete release and convey to the United States all their right j ish all claims of every kind and character of said Seminole Nation of Indians title,_ and interest to this land, which release is~ be satisfactory to th~ : and to the tract of country to which said release and conveyance shall apply. President. Then the provision is operative. The further amendment' ~That the lands acquired by the United States under said agreement shall be a part of the public domain, and sections 16 and 36 of each township, whether in regard ~ the disposition of the land is a matt:r for the judgment olj surveyed or unsurveyed, are hereby reserved for the use and benefit of the the committee. If I understand the theory of th1s House in relation to. public schools, as provided in the act or,2'8.nizing the Territory of Dakota; and protection ofhomesteads,it complies with the rules and answers tothe 1 whether surveyed or unsurveyed, said sections sha.ll not be subject to settle mentor entry under the provisions of this act or any of the land laws of the declarations of the Honse upon quest.ions of that character. This, I ~ United States; that the lands acquired under said agreement, except the 16th believe, is all I desire to say. ! God 86th sections, shall be disposed of by the United States to actual eettlers ~fr. MACDONALD. I would ask the gentleman from Arkansas ifl only under the provisions of the homestead law (except sectio;n 2301 thereof), and under the law relating to t9wn sites: Provickd the rights of honorably ills th1s amendment does not provide for giving parties who have exhausted charged Union soldiers and sailors in the late civil war, as defined and de their homestead right the right to make another entry? scribed in sections 2304 and 2305 of the Revised Statutes, shall not be abridged. . Mr. HOLMAN. I would suggest to my friend from Arkansas, in It is hereby made the duty of the Commissioner of the General Land Office to carefully examine each claim taken under the provisions of this act before issu VIew of the importance of this provision, that it be printed in the ing a patent. to the claimant, and the entryman shall be required to make full RECORD; that it be passed over now, and go on with the bill and fin: proofs; and unless it shall appear that the claim was taken in good faith and ish it. that there has been full performance of all the terms and requirements under this a.ct be shall refuse a patent and declare the prior proceeding before had in Mr. PEEL. nat is all right. · such cn~e to be null and void; and all persons settling on land under the pro Mr. CANNON. As !.o these lands that we obtained UJ?der the treaty visions of this act; shall be required to select the samein square form as near as of 1866 from the Semmoles, has any .Part of them been assigned to may be, and to maintain continuous personal residence as required by Jaw on the land and to improve and cultivate the same for that period in the manner any other tribe, or are they held under Executive order by the Chey required l.>y the homestead Jaws, and to break up and plow not less than 40 ennes and Arapahoes? . 1 acres ofthe land filed upon before obtaining title thereto: PrO'!Jided, That any per Mr. PEEL. They are not in that part. They are on a part of the ' son who having exhausted his right under existing law, but who is not the owner of a home elsewhere,shall be qualified to make one additional homestead entry Creek reservation. upon said lun d~ ; and all of the provisions of this section shall apply and be in Mr. HOLMAN. We paid the Seminoles 15 cents an acre for some full fol'ce as to the lands included in the recent cession of the Muscogee (or Creek) thing like 300,000 aeres that they ceded under the cession of 1862. . Nation of Indians heretofore ratified by the'PresentCongress. Any person who may enter upon any part'of said lands, in said agreements contained, prior to Mr. PEEL. The gentleman from Indiana is mistaken about that. the time that they are opened to settlement by t-he proclamation of the Presi We got from the Creeks 1,300,000 acres. ' dent, shall not be permitted to occupy or to make entry of such lands or lay any Mr. HOLMAN. We got from the Creeks.1,300,000 acres. claim thereto. Mr. PEEL. We got from the Creeks three million four hundred and Mr. PEEL. I desire to say for the information of the committee tllat odd thousand acres, and from the Seminoles over 2, 000,000 ac;res. it is a well-known fact from all the discussion of the Oklahoma bill that Mr. CANNON. What portion of the land that we got from the for many years the great problem and question~ has been how we were Creeks under the treaty-being obtained for the purpose of settling going to acquire title to the Indian Territory-! mean the land ceded friendly Indians and freedmen upon-were assigned or sold to certain to the Government by the Creeks and Seminole9 and Cherokees for the Indians? We did not pay $1.25 for these lands, but we do pay $1.25 purpose of locating other friendly Indians and freedmen upon. The for all these lands that we get which form a ~rtion of the Oklahoma Oklahoma bill when under discussion met with serious opposition from country ~nd that portion of the Creek la~ds which formed a portion some members upon the sole ground that we were creating a Territo of what IS known as the Cheyenne and Arapahoe reservation that is rial go~erqment over a country to which we had not perfect-title. In held under Executive order. · the appropriation bill of 1885 there is a clause incorporated· authoriz Now, I do not recollect what the fact may be; but I ask whether an;y ing the President to appoint a commission to negotiate with the Creeks of these lands for which we propose to pay the S~minoles by this ap and Seminoles for a full and c.omplete cel'!sion of their lands free from propriation have been sold to other tribes? the trust, and also with the Cherokees. That has never been execut-ed ?tfr. WEAVER. Not at all. until recently in part. . Mr. CANNON. And the proposition is to pay $1.25 an acre. During this discussion or before the five large tribes met in council and Mr. PEEL. Less what we have paid. · unanimously, I believe, by ~heir international council, declared that they Mr. ROGERS. In order that this matter may go into the RECORD would not part with the title. That has been a source of great ob correctly as to the amount derived from the Seminoles, I will state that struction. Since this Congress has been in session, or duripg this ses artice 3 of the treaty shows that the amount wa~ estimated at $2,169, OBit sion, the Creek ~dia.ns, through their proper delegates-and I want to Mr. PEEL. I believe, Mr. Chairman, that I do not desire to say emphasize that by saying th.e noble Creeks, under the leadership of anything further. · General Pleasant Porter, a gentleman of unquestioned integrity and Mr. HOLMAN. I have no doubt that tbe statement as to the num ability-came to the Presid~ntandagreed upon teriQS under which they ber of acres is correct, and yet I do not under~tand how it can be, be· would relinquish all their rights to lands amounting to two million six cause the comparatively small body of ~and known as Oklahoma con hundred and some odd thousand acres at $1.25 per acre, less what has tains about 1,800,000 acres, part of which belongs to. the Creeks and already been paid. That is exactly what we have been offering for part to the Seminoles. · years. That agreement of cession the President sent to Congress with Mr. PERKINS. The gentleman is clearly mistaken n~J to the amount.. a. message. The Senate promptly act-ed and the H?us~ promptly acted. Notwithstanding the lands sold :!;he Saes and Foxes, the Poncas and .A bill passed the Senat-e and passed the HouseratJfymg theagreement others, we got by the recent cession about 2,800,000 acres. with the Creeks. It is now before the President for approval. That is 1\Ir. HOLMAN. Is it understood that these lands extend beyond the disposed of. northern branch of the Canadian River? l mmetliately upon that the Seminoles, by their proper authorized Mr. PEEL. It is all the west half of their lands. delegates, arc here. They came for that express purpose. There has Mr. HOLMAN. Does it extend as far west as the northern branch been thjs understanding between the delegates of the Creek Nation that of the Canadian River? if -they ceded their ip.terest to this. country in. the Oklahoma part at Mr. PEEL. Yes, and further. $1.25 pe.r acre, less whllthasbeenprud, th~ Se~mo~esweret.o be trea~d Mr. WEAVER. It runs clear to the wes~rn line. in the Eame manner. As soon as the ratificatiOn of the Creek cession Mr. PEEL. Mr. Chairman, I feel not inclined to. press this matter, was made the Seminoles came, and their matter had heen presented to but I want t~ say to DlY friend from Indiana [Mr. HoLMAN] that t,he Con"ress in a message from the President, and is now before the Com bill ratifying the Creek agreement passed both Houses, I believe, with mittee on Indian Affairs. It is also before the Committ~e on Indian out a dissenting voice, and if the com mitt~ are satisfied I do not see Affairs of the Senate. The Senate committee have acted promptly and why we s}Jould not vote upon it tie-night. have· reported a bill which is simply in accordance with this amend Mr. HOLMAN. I would not ask to have it go over if that course ment. TheJ have a. bill on the Calendar to appropriate this amount of were goinll: to result in any deJ.ay. money to be pa!d to these Indians upon the relinquishment of their tine Mr. PEEL. Well, it may. · to the s:1tisfaction of the President. · Mr. McMILLIN. It will not result in any delay to Jet this go over The Committee on Indian Affairs have not formally met since the until morning. · House has been meeting at 10 o'clock, but by personal conference with !1.l'r. WEAVER. It may. The filibustering spirit is very strong members of the Committee on Indian Affairs I find they a1·e unani j ast now. [Laughter.] mously of the opinion that this appropriation ought 1o be made giving Mr. McMitLIN. It would not interfere with this. to the Seminoles exactly the same amount of money that has been given Mr. 'WEAVER. It might. . to the Creeks, less what has been paid heretofore, and that is the ex Mr. McMILLIN. If anybody wanted to fi1ibuster could not they act amount as estimated by the Department. A bill of that kind is do j t as well to-night as to-morrow ? now on the Calendar of the Senate, and this amendment has been of Mr. PEEL. The filibusters are not here. fered ~t this late hour in the House on this bill because if it is not put Mr. CANNON. We are the good ones hereto-night. upon .tflis biU. it will be impossible to complete the cession during this J\fr. :McMILLIN. We not only appropriate tho money f~r these term of Congress. _ . lan.ds, but we also go outside of that and determine how they shall be ~t :\vill be o~served that ~he appropriation there incorporated is not disposed of. .. . ·. ·I • • 1889. CONGRESSIONAL RECORD-HOUSE. 2369" !-I.r. WEAVER. We make the usual provision about the homestead Also, a bill granting a pension to Frederick P. Hardy. law. Also, a bill granting a pension to Crolina Thompson. · Mr. McMILLIN. I hope the gentleman [Mr. PEEL] will permit it Also, a bill granting an increase of pension to Charles N. Lapham. to go over until to-morrow. AL~o, a bill granting an increase of pension to-Andrew Casey. · Mr. PEEL. I hope gentlemen will let us vote upon it to-night. _A.Jso, a bill granting an increase of pension to Charles Harding. . Mr. SPRINGER. This is in accordance with the recommendations Also, a bill to place the name of Ed win L. Drake on the _Pension-roll. of the President, of the Interior Department, and of the Indian Com- mittees of botli Houses. · · · Mr. WEAVER. And in exact conformity with the homestead law PETITIONS, ETC. also. · The question was taken on agreeing to the amendment; and there The following petitions and papers were laid on the Clerk's desk, were-ayes 10, noes 3. under the rule, and referred as follows: By Mr. BOOTHMAN: Petition of William H. Durline and 72 others, Mr. BYNUM. Mr. Chairman, I think there ought to be more mem / bers present to vote upon so important a provision, and I shall have to ex-Union soldiers of Williams County, Ohio, in favor of the per diem make the point of no quorum. service-pension bill-to the Committee on Invalid Pensions. · Mr. PEEL. I move that the committee rise. o, petition of Bishop Post, Grand Army of the Republic, of Deft· The motion was agreed to. ance, Ohio, for the publication of the Records of the Rebellion-t() the The committee accordingly rose; and Mr. McMILLIN having take Committee on Printing. the chair as Speaker pro tempore, Mr. DoCKERY reported that the Com y Mr. J. E. CAMPBELL: Resolutions of Milliken Post, No. 228, mittee of the Whole Honse on the state of the Union had had unde rand Army of the Republic, of Oxford, and of Granville Thurston consideration the bill (H. R. 12578) making appropriations for the co - Post,· No. 213, Grand Army of the Republic, of Lebanon, Ohio, for rent and contingent expenses of the Indian Department, and for fu - publication of the official records of the war-to the Committee on tilling treaty stipulations with various Indian tribes, for the year en Printing. ing June 30, 1890, and for other purposes, and had come to no resolution :Also, petition of the Woman's Christian Temperance Union of Wa.~h thereon. ington Territory, for prohibition in the District of Columbia-to the Mr. ?EEL. I move that the House do now adjourn. Select Committee on the Alcoholic Liquor Traffic. The motion was agreed to; and accordingly (at 10 o'clock and 30 By Mr. CLARDY: Petition of the heirs of Mary A. McGehee for minutes p. m.) the House adjourned. . reference of claim to the Court of Claims-to the Committee on War Claims; By Mr. MACDONALD: Memorial of the Legislature of Minnesota PRIVATE BILLS INTRODUCED AND REFERRED. in favor of granting pensions to all Union soldiers and sailors who wer~ Under the rule pii.vate bills and joint resolution of the following titles in rebel prisons-to the Committee on Invalid Pensiomz. were introduced and referred as indicated below: By Mr. McKENNA: Petition of farmers of Danville, and of Florin By Mr. HEARD: A bill (H. R. 12648) for the llelief of Frederick Cal., for protection to agriculture-to the Committee on Agriculture: Smith-to the Committee on War Claims. By Mr. ?!~O~ROW: Ra<~oh~tion of the Legisla~re of Ca~ornia, for Also: a bill(H. R.l2649HortbereliefofMaryJanePritchett, widow an appropnat10n for Eel River-to the Committee· on RIVers and of William R. Pritchett, deceased-to the Committee on War Claims. Harbors. By Mr. MAISH: A. bill (H. R 12650) for the extension and widen By Mr. O'FERRALL: Joint resolution declaring the retirement ot ing of Sheridan street, in the District of Columbia-to the Committee Capt. Charles B. Stivers, ofDayton, Ohio, to be legal-to the Commit on the District of Columbia. · tee on Military Affairs. · By Mr. CHA.RL.ES O'NEILL (by request): A bill (H. R. 12651) for By Mr. OSBORNE: Petition of Anna Moore, for a pension-to the a system of water supply in the city of Washington, D. C.-to the Com Committee on Invalid Pensions. mittee on the District of Columbia. By Mr. ROGERS: Petition of L. D. Cain, for a bath-house privilege at ·· By Mr. WHEELER: A. bill (H. R. 12652)grantingapensiontoMrs. Hot Springs, Ark.-to the Committee on Pnblic Bnildings and Grounds. Frederika B. Jones-to the Committee on Pensions. By Mr. STEPHENSON: Petition of the Turn-VereinofMilwaukee By Mr. TAULBEE: Joint resolution (H. Res. 267) providing for a Wis., against the Blair Sunday-rest bill-to the Committee on Labor: survey of the Ohio River, and for other purposes.....;....to the Committee Also, resolutions of the Chicago Live Stock Exchange, protesting on Riveni and Harbors. against the enactment of certain laws-to the Committee on .Amcnlt- ure. ~ Also, resolutions of the Farmers' and Labor Unio~ of Wisconsin -- The following bills have been handed in at the Clerk's desk without for ·ajust representation of the agricultural interests-to the Commit indorsement: ' tee on Agriculture. · A. bill to amend uAn act to incorporate the Georgetown and Ten By Mr. WHEELER: Petition of Riley $parks, of Franklin County, nallytown Railway Company of the District of Columbia," which was Alabama, for reference of his claim to the Court of Claims-to the Com· 1,_.. received by the President August 10, A. D.1R88,· and became a law mittee on War Claims. without his approval. Also, petition of Jesse Isbell, of Lauderdale County, Alabama for Also, a bill to authorize the Secretary of the Trea8ury to convey to reference of his claim to the C()urt of Claims-to the Commit~ on Anson Rudd, of the State of Colorado, certain real estate in the county War Claims. of Fremont, in said State. By Mr. THOMAS WILSON: Petition for the opening of the Sioux: Also, a bill for the relief ofT. F. Riley. reservation-to the Committee on Indian Affairs. Also, a bill granting a pension to.the widow: of Michael·c. West. Also, a bill to remove the charge of desertion from the record of John Ryan. . _The following petitiqns for a national Sunday-rest law were received Also, a bill granting a pension to Terrel Hamlin. and severally referred to the Committee on Labor: Also, a bill for the relief of Sarah Eichelberger. By Mr. A. R. ANDERSON: Of Urs. Lizzie A. Boyd and manv other Also, a bill for the relief of William Craft. citizens of Grand Rjve.r, Iowa. · w Also, a bill for the relief of Stephen Butler. By Mr. A.. R. ANDERSON: Of 696 citizens of Iowa. Also, a bill for the relief of Samuel F. Eugs. By Mr. ARNOLD: Of citizens of Providence, R.I. Also, a bill for the relief of Frederick Ford. By Mr. BA.YN.E: Of citizens of Allegheny County, Pennsylvania. Also, a bill for the relief of Willis N. Arnold. By Mr. KERR: Of citizens of Clinton, Iowa. Also, a bill for the relief of Napole~:m B. Giddings. By Mr. PERKINS: Of James J. Hartwell and others, citizens of Also, a bill for the relief of James C. H;1rr.ison. Kansas. Also, a bill for the I'elief of the estate of Nathaniel H. Sawyer. By Mr. WEAVER: Of 633 citizens of Iowa. Also, a bill for the relief of the heirs of Myra Clark Gaines. Also, a bill granting a pension to Dorcus Alford. _ The following petitions, praying for a constitutional amendment pro- Also, a bill granting a pension to George W. Fosdick. hibiting the manufaeture, importation, exportation, transportation, and Also, a bill granting a pension to John Lamb. sale of all alcoholic liquors as a beverage, were received and severally. Also, a bill granting a pension to Mrs. Mary C. McPherson. referred to th,e Select Committee on the Alcoholic Liquor Traffic: Also, a bill granting a pension to Nancy Hamilton. By Mr. .MACDONALD: Ofl6 citizens of Willmar, Minn. A.lso, a bill granting a pension to Rose Goodwill. By Mr. McKENNA: Of 59 citizens of Alameda, of 53 citizens of, Also, a bill granting a pension to Christian Kemback. Grafton, of 87 citizens of Woodland, of 26 citizens of Yolo, and of 20 Also, a bill granting a. pension to William B. :Bishop. citizens of Yolo, Cal. r Also, a bill granting a pension to Thomas B. Arnold. . By Mr. C. A. RUSSELL: Of 84 citizens of Griswold, and of 25 citi· j _Also, a bill granting a pension to James M. Page. zens of KUlingsly, Conn. Also, a b~l grant~ng a pens~on to M_~ti~ J!~· By Mr. SHA. W (by request): Of citizens of North East, of Rising· Also, a bill grantrng a pension to Augustus G. Wyeth. Sun, and of Port Deposit, Md. : XX-149