2626 CONGRESSIONAL RECORD-SENATE. APRIL 5,
Moyal, late of Company K, Tenth Regimen• Tennessee Cavalry, in the war of Albertson, widqw of John B. Albertson, dooeased-to the Committee 1861. on Invalid Pensions. The report w read, as follows: . Also reso1ution of the post of the Grand Army of the Republic at The Committee on Invalid Pensions, to 'Yhom was r';lferred the b11l (H. R. Selma,' Ind., on the subjoot of legislation for the relief of the soldiers 1836) for the relief of EHzabeth 1\loyal, submit the followmg re~rt: . . of the war of the rebellion-to the same committee. This is a. claim by a. dependent mother. ~er depen~ence on th1s sold1~r 1s. sub Also petition of 54 wage-workers of the city of Richmond, Ind., for stantially and sufficiently proven. The nght of _claimant to h~r pensiOn 1s es tablished provided the soldier was in th_e line !Jf h1s duty when kill~d. TJ:le facts legislation to prevent the importation of foreign laborers under con are these: The lieutenant-colonel of his regiment and the captain of h1s com tracts made abroad-to the Committee on Labor. pany and several comrades testify that the command halted to take a meal at Natchez, 1\fiss., when the soldiers' mess, composed of several comrades, IIJ!lde By Mr. COOK: Memorial of citizens of Iowa, relative to railroads and a small stick fire to boil coffee. At thisjunctur~ one of the mess-and the weight canals-to the Committee on Railways and Canals. of the proof shows it was the deceased-put his pot on the fire, whe~ a comr~ne By Mr. CUTCHEON: The peti~on of citiz~ns o~ H~peri, Mich., ask by the name of Redden removed it, from wh~ch act adisputea!"ose, m thermdst ing for the establishment of a soldiers' homemllichigan-to the Com of which Redden stabbed and killed the soldier, the son of clarma~t. . The evidence shows the soldier to have a. good recor~, and there yo n~thmg to mittee on Military Affairs. show that he was at any fault in the cont1·oversy wh~ch ended ~ hiS death.. By l\Ir. R. T. DAVIS : A bill making an appropriation for the co~ We think he lost his life in the line of duty! and that his mother, bemg depend struction of breakwater entrances and approach for the Cape Cod ship ent on him at the time, is ~ntitled to a penswn, and therefore report ba
D?ay ena-ct; th~ object of this res?lu~ion bein.g t~ e tabli~l;l economical and effi-1 The bill was reported from the Committee on the. Judiciary with c1ent co=erc1al and health sel'Vlce m the prmc1pal mar1t1me ports of the conn- amendments, in line 6, after the word '• Department,', to insert ''or any triiy order. CHAS. A. CIDCKERING, Clerk. · officer;" and in line 9, after the word "Department," to insert the words L~ SENATE, April 2,1884. "or any officer;" so as to make the bill read: Concurred in without amendment. JOHN W. VROOl\I .....T, rtlerk. That every person who, with intent to defraud either the Un_ited States or any By order. .LU.~ "'' per on, falsely assumes or pretends to be an officer or employe acting under the authority of the United States, or any Department or any officer of the Govern- The PRESIDENT pro felnpore pr~ent ed apetiti on Of the Cham b er 0 f ment thereof, and who shall take upon himself to act as such, or who shall in Commerce of Tacoma, Wash., praymg that Tacoma be made a port of such pretended character demand or obtain from any person or from the United entJ:y · which was referred to the Committee on Commerce. States, or any Department or any offic_er of the Government th_ereof, any money, ' · · f And Winfr t paper, document, or other valuable thing, shall be deemed guilty of felony, and Mr. COCKRELL. . I pre_ ent the petition 0 . erson ey, .o shall, on conviction thereof, be punished by a fine of not morethan$l,OOO,orim- Carrollton, l\io., praymg re1m bursement for expenditures made by him prisonment not longer than three years, or both said punishments, in the discre dnring the year 1864 for recruits for the Forty-fourth Missouri Volun- tion of the court. teer Infantry, with affid..'lovits of Henry C. Manning, William N. The amendments were agreed to. Waters, and John T. Patton to accompany the same. I move that the The bill was reported to the Senate as amended, and the amendments petition be referred to the Committee on Claims. were concurred in. Mr. CAMERON, of Wisconsin. I think the petition had better be The amendments were ordered to be engrossed, and the bill to be referred to the Committee on .Military Affairs. read a third time. Mr. COCKRELL. I will state that having been a member of the The bill was read the third time, and passed. Committee on Claims and the Committee on :Military Affairs for six On motion of Mr. GARLAND, the title was so amended as to read: years, at one time on both committees, I :find that I made reports from "A bill making it a felony for a person to falsely and fraudulently as each of those committees on this very question; so there is no regu- sume or pretend to be an officer or employe acting under authority of larity in the reference. Sometimes such matters are sent to the Com- . the United States, or any Department or any officer thereof, and pre mittee on Military Affairs and sometimes they are sent to theCommit- scribing a penalty therefor." tee on Claims. I :find that I myself have reported from both commit- BILLS INTRODUCED. tees on this question. Mr. CAMERON, of Wisconsin. Let the petition go to the Commit- :Mr. CULLOM introduced a bill (S. 2000) to reimburse the several tee on Uilitary Affairs. States for interest paid on war loans, and for other purposes; which was Mr. COCKRELL. Very well. read twice by its title, and referred to the Committee on Claims. The PRESIDENT pro tempore. If there be no objection the petition Ur. SAWYER introduced a bill (S. 2001) for ~he relief of Hiram S. will be referred to the Committee on 1\Iilita.ry Affairs.· Richardson; which was read twice by its title, and referred to the Com- Mr. SAWYER presented a petition of Johannes Brothers and 6 other mittee on Pensions. dealers in tobaeco at Green Bay and Fort Howard, Wis., asking for ad- 1\Ir. HARRIS introduced a bill (S. 2003) to correctthe military rec ditional clerical force in the First Comptroller's Office, to prevent the ord of WilliamS. Smith, of Tennessee; which was read twice by its present delay in the settlement of claims for rebate; which was referred title, and, with the papers on file relating to the case, referred to the to the Committee on Appropriations. Committee on Military Affairs. He also presented a memorial of Capt. David Evans and 6 other offi- SILK-CULTURE. cers of the revenue-marine service, in favor of the passage of the bill 1\fr. MORGAN. I present a memorial from the State board of silk- . (H. R. 4483) to promotetheefficiencyoftherevenue-marineserviceand culture of California, and in connection with that memorial, and by providing for retiring the a.ged and disabled officers and regulating ex- request, I desire to offer a bill on the samesu~ject, which I wish to bring aminations in the revenue-marine service; which was referred to the to the attention of the Senate. The memorial sets forth the progress Committee on Commerce. of silk-culture in California and is a most instructive and interesting Mr. LOGAN presented a petition of officers of the line of the United paper. It is very brief, and I trust the Senate will indulge me m the States Army, praying for the passage of Senate bill No. 1667 extending request that it mary be printed in the RECORD. One feature of it is the provisions of section 1207 Revised Statutes of the United States to remarkable. I will read that part of it: the lieutenants of the line of the Army' and SUbject to the restrictions For these reasons principally we shall not ask at the hands of your honor and conditions contained in the said bill; which was referred to the able body any protective tariff upon the raw material. We are satisfied that Committee on Military Affairs. American skilled labor, with the superior improved appliances of mechanical · f J hn G B hfi ld 1 t · te invention as compared with the servile labor of foreign lands, confined to the He aJso presented t h e peti t10n 0 0 · urc e ' a e pnva crude and imperfect appliances for reeling and preparing raw silk which have Company G, Thirteenth Regiment Tennessee Cavalry, pra-ying to be been but little improved for centuries, will render our products of such superior granted an invalid pension; which was referred to the Committee on fineness and reliability as to successfully compete with all rivals, even atpresent Pensions. prices. He also presented a petition of citizens of Shawneetown, ru., pray- I had the honor when the existing tariff was under discussion in the ing an appropriation for the improvement of the ha.rbor at that place; Senate to propose an amendment to the tariff bill tO take raw silk, which was referred to the Committee on Commerce. reeled silk, from the free-list and put .it under a duty of lO·per cent. :Mr. DAWES presented a memorial of citizens of Massachusetts, re- ad valorem, my purpose being to give someencouragement to an indns monstrating against the passage of certain bills for the amendment ot try which had been entirely neglected in the United States, and also the patent laws; which was referred to the Committee on Patents. because I believed that silk in all of its uses was comparatively a lux REPORTS OF COJIMITTEES. ury and that it was a proper subject oftaxation. On reading the memorial of this California Silk Culture Association Mr. CAMERON, of Wisconsin, from the Committee on Public Build and the report which accompanies it, the first annual report of that as ings and Grounds, to whom was referred the bill (S. 1716) to provide sociation, I have become satisfied that the remedy I then proposed for for the erection of a public building in the city of Springfield, Ohio, their relief is not necessary, and inasmuch as this is the first industry, reported it with an amendment. I believe, that has ever memorialized Congress disclaiming any desire He also, from the same committee, to whom was referred the bill (S. to have a protective tariff levied upon the country in its favor, I think 1715) to provide for the erection of a public building in the city of Day it is my duty to request that the memorial shall go into the REOORD, ton, Ohio, reported it with an amendment. and I ask its reference to the Committee on Agriculture and Forestry. Mr. CAMERON, of Wisconsin. Some time ago a bill (S. 1934) au The PRESIDENT pro tempore. The memorial will be referred to the thorizing the Court of Claims to grant a rehearing in the case of Sophia Committee on Agriculture and Forestry. B. Moore vs. The United States was introduced and referred to the Mr. MORGAN. In that connection I ask leavetopresentthe report Committee on the Judiciary. Subsequently some documents relating of the association and ask its reference to the same committee. to the bill were presented and by mistake referred to the Committee 1\Ir. ~fiLLER, of California. I desire to ask the Senator what the on Claims. I report those back, and ask that the Commi~ee on Claims memorial prays for. be discharged from their further consideration and that they be re 1\Ir. MORGAN. I omitted to state that it prays for a silk-culture ferred to the Committee on the Judiciary where the bill is. bureau in the Department of Agriculture, through which facilities may The report was agreed to. be furnished for distributing the eggs and plants, different descriptions FALSE PERSO~ATION OF GOVERYMENT OFFICERS. of mulberry, and information in respect of the reeling and preparation Mr. GARLAND. TheCommitteeontheJudiciaryhavehadnndercon of silk for the weavers. sidera~on the bill (H. R. 4993) makingitafelonyforaperson 'ttion of proceeded to consider the bill. raw silk in the United States is entirely practicable; that it ought to be and may 2628 CONGRESSIONAL RECORD- SENATE. APRIL 5, easily be made one of the great industries of the country, and that in view of REPORT O:N ALASKA. its importance and practicability it is highly deserving of encouragement from the National Government. Mr. BOWEN submitted the following resolution; which was referred We beg leave to submit to your consideration the following very brief sum to the Committee on Territories: mary of facts: The estimated value of the raw silk produced in all the countries of the Resolved, That the Secretary of War be, and is hereby, directed to transmit to world amounts to the enormous sum of ~00,000,000 annually, most of which is the Senate the official report by Lieut. Frederick :Schwatka, United State Army derived from those Asiatic countries to which the raising of this precious fiber of his military r econnaissance of 1883 from Chilkaht Inlet, Alaska, to Fort Sel: has been principally confined since its origination there in the early dawn of kirk, on Yukon River, Alaska. human civilization. ORDER OF BU INE S. In every countrywbere silk is produced inconsiderablequantities thissource of wealth has been recognized as meriting public protection and encourage· The PRESIDENT pro tempo're. If there be no further "concurrent ment, and particularly in its infancy has it received pecuniary aid from gov or other resolutions, ' that order is clo ed, and the Chair lays before ernments. So jealousy did the Chinese Government guard this interest, that. the cultivation of silk was not permitted to go beyond it~ -_boundaries for thou the Senate the Calendar under Rule VIII. sands of years, when in the sixth century two missionaries, at. the risk of their Mr. BLAIR ro e. lives, conveyed clandestinely, by the aid of a hollow cane sufficient silk-worm Mr. HALE. The Senator from New Hampshire, I suppose, ri es to eggs to commence the· business in the vicinity of Constantinople, whence it spread through nearly every European country. move to take up the unfinished business. I do not propose to antao- In France, Italy, Germany, and all other enlightened lands where silk has onize that, but I think it my duty to say that on Monday next.I shall become a valuable article of commerce, it has attained such importance through ask the Senate, whate>er may be then before it, to lay aside the unfin the fostering care and financial aid extended to it by the governments of those countries; and even China and Japan still continue, as they have done for cen ished business and take up the naval appropriation bill. It was re turies, t<> extend royal recognition to this gigantic and beneficent industry by ported to the Senate on Tuesday last, and in reporting it I ga,'e notice frequent edicts of their sovereigns for the further development and protection that I would call it up probably not later than Thursday, but the de of silk products. The importation of silk fabrics into the United States amounts to about $35,- bate ran on upon the bill in charge of the Senator from New Hamp 000,000 annually, while the cost of the raw material which is required to supply shire, and hoping that the consideration of that bill would be completed our three hundred and eighty-eight silk factories amounts at the lowest esti this week, I ha>e refrained from bringing the naval appropriation bill mate to about $2(),000,000 ea~h year. Of this sum China and Japan receive the greatest part, yet there are nearly two-thirds of the territory of the United States before the Senate. - where the production of raw silk can be accomplished with more satisfactory I hope we may be able to finish the educational bill to-day; but results than in those lands of the Occident. whether we do or not, I shall feel like taking the sense of tbe Senate The practicability of silk-culture in the United States has passed through the experimental stage and has now assumed the form of one of the most impor upon proceeding with the naval appropriation bill on Monday. It is tant questions pertaining to American industry and commerce. That our· soil a most important bill. The Committee on Appropriations has incor and climate, and particularly those of CalifornUI., owing to the absence of thun porated very important amendments upon the House bill, which I pre der-storms and ofraius in summer, a.re peculiarly adapted to silk raising is con ceded by silk experts throughout the world who have investigated our advan sume the Senate will adopt, a it has already taken action in that direc tages ; and the fact presents itself to us as a nation that every dollar of the tion, and the bill ought to go back to the House very soon for considera thirty-five or forty millions paid annually to foreign silk producers should flow tion there. I do not need now to urge upon Senators the importance into the coffers of our own la.boring classes; and that the 200,000 surplus work ing women of this country, who are to-day employed at- starvation wages in of getting the appropriation bills through as fast as they come from the avenues of labor already greatly overcrowded or not employed at all, might be House. They come slowly enough at any rat-e. On Monday I shall made happy, well-paid workers in this lucrative and most attractive field of seek to call up that bill. industry. . The aggregate valuation of the silk products of American mills is about Mr. BL~IR. I shall hope if the Senator does make that motion, in $80,000,000 annually, and yet this important branch of manufacture is compelled case tbe Senate shall not conclude the educational bill to-day, that it to rely mainly upon the producers of Asia for the raw material whence this may be tbe sense of the Senate that the educational bill is quite as im '\'ast sum is realized. That the reeled silk brought into this country from China and Japan is so portant as tbe one to which he has alluded. It is necessary that the :Shamelessly adulterated with various weighty substances as to entail a loss of bill, if it becomes a law during this session at least, should reach the at least 40 per cent. upon the purchasing manufadurer is too w ell known to re House of Representative before a great length of time. The appro .quire further notice. That American-raised silk is free from all this adultera tion is an undisputed fact, and the saving to the consumer would amount to priation bill to which the Senator refers bas of course been considered about 20,000,000 if this amount of raw material were supplied to our factories by the other branch of Congress and the educational bill ha not been by our own people, as it well can be. considered at all there. It also involves an appropriation, and a!ler That the more favored localities of the United States, and part-icularly Cali fornia, where silk-culture l1as received at,tent-ion, can be made enormously pro this protracted debate, which fortunately now shows indications of ductive and of the best quality of this costly fiber is unquestioned, as is also the coming soon to a conclusion, I hould expect that either Monday, or at superiority of American mechanism over t-hat of all other portions of the globe. the latest Tue.gday, the Senate would be able to dispose of it finally. For these reasons, principally, we shall not ask at the hands of your honorable body any protective tariff upon the raw material. 'Veare satisfied that Ameri 1\Ir. HALE. The Senator will allow me- can skilled labor, with the ' uperior improved appliances of mechanical inven The PRESIDE...~T pro tempo're. The Chair will state t.hat the dehate tion as compared with the servile labor of foreign lands, confined to the crude is proceeding by unanimous consent. and imperfect appliance for reeling and preparing raw silk, which hav e been but little improved for centuries, will render our. products of SQch superior fine Mr. HALE. I shall take but a moment. The Senator will allow me ness and reliability as to successfully compete with all rivals, even at present to remind him that I, as representing the Committee on Appropriations, prices. in reporting the naval appropriation bill have not sought to push his The rapid advance made in silk-culture through the aid of governmental en bill out of the way, but have been very patient. The Senator should couragemen ~particularly where it is struggling into existence, con trains us to urge upon your honorable body' the wisdom of rendering pecuniary as istance bear in mind that while the bill which he ha-s in charge is one of the to this most important branch of industrial wealth. The recent experiment gravest importance it has already consumed nearly three weeks of the made in our State of California by the creation of a. State board of silk-culture commissioners, the establishment of a silk-reeling school or filature, aud an ap time of this body, and that if other business is to be done the educa propriation of public money to maintain the same, convinces us that the only tional bill must not be allowed to run its slow length much longer. I sure and speedy avenue to the successful development of this eventually profita hope tbe Senator discovers those signs tbat he refers to that the debate ble industry is through national legislation in its behalf: and, with this end in view, we earnestly petition your honorable body to make an appropriation of is running out. I have not been able to see them, and therefore thought $150,000, to be divided equally between a silk-culture bureau at Washington and it be t to give the notice. five experimental silk-cultm·e stations to be located in connection with school Mr. BLAIR. Of course there is no objection to the hotice, nor can gardens and filatures in States possessing the greatest natural advantages for producing silk, and that one of them shall be established in California at some the Senator fail to observe tbat the control of the bill has been in the point easily accessible from San Francisco. Senate and not in tbe possession of the member now addressing the And your memorialists will e-rer pray, &c. Chair. I have seen no indication on the part of the Senate to shirk the M.as. LAURA DE FORCE GORDON, usual amount of labor, nor ha>e I been able to disco>er any lackofin 1\IRS. E. B. BARKER, 1\IRS. THEODORE H. HITTELL, terest in the speeches which have been ma-de or in the importance of CHARLES A. BUCKBEE, those speeches as touching the general welfare of the country. Although THEODORE H. HITTELL, it has been a so mew hat protracted debate, I do not think that any Sena Committee on Menwrial. tor sbould intimate to the Senate that it has been wasting its time. I THE CALIFO.R]."'A SILK-CULTURE As OCIATION, By MRS. E. B. BARKER, Pres-ident, hope that as long as we have proceeded to so near the close of that de l\llss SALLIE R. HEATH, Secretary. bate the Appropriations Committee, which after all must like the rest SAN FRANCISCO, Feb1'U(Lry 12, 1884. of us bave some regard to the general sentiments of the Senate at large, The bill (S. 2002) for the creation of a silk-culture bureau and the will permit us to complete the consideration of tbe bill. establisbment of silk-culture stations was read twice by its title, and So far as the use of the time between now and Monday at 12 o'clock referred to tbe Committee on Agriculture and Forestry. is concerned I shall be here until that time, and will urge tbe considera tion of the bill o far as it seems to be a proper thing to do consistent PATENT BILLS. with its interests and the public interests generally. Mr. PLATT. The copies of Senate bill No. 1115, House bill No. :Mr. SAWYER. Mr. President- 3925, and House bill No. 3934, relating to practice in patent suits, have The PRESIDENT pro tempore. The Senator from Wisconsin. been exhausted. I wish to have the ru."'llal number of copies reprinted, Mr. BLAIR. I move that the Senate proceed to the consideration of and therefore ask for the adoption of the following order: the unfinished business. Ordered, That the bills S. 1115, H. R. 3925, and H. R. 3934 be reprinted for the The PRESIDENT pro tempore. The Chair recogi:rlzed the Senator use of the Senate. from Wisconsin. The PRESIDENT pro tempore. The order will be granted, if there 1\Ir. SAWYER. I ask to take from the Calendar Senate bill No. 1'7~7 be no objection. The Chair hears none. _and put it on its passage. It is a bill for the construction of a rait- 1884. CON.GRESSIQNAL RECORD-SENATE. 2629
road bridge across the Saint Croix River. The briage is to cross the A bill (H. R. 1056) granting a pension to Honora Kelley; river above where almost a.ll the commerce is. There is very little com A bill (H. R. 1127) granting a pension to Anson B. Sams; merce above there. It is a high bridge. The Saint Croix is a tributary A bill (H. R. 1711) granting pensions to Frederick Nelson, T. Caine, of the Mississippi-- and Henry C. Sanders; - · The PRESIDENT pro tempore. The Chair will state that debate is A bill (H. R. 1836) for the relief of Elizabeth l\foyal; not in ~>rder on a motion to take up the bill. A bill (H. R. 1985) granting a pension to l\Ialvin Pierce; l\Ir. BLAIR. l\fr. President- A bill (H. R. 198q) granting a pension to Frank F. Fitkin; 1\Ir. SAWYER. If it takes any time I shall not press it at this time. A bill (H. R. 2100) granting a pension to Mary Allen; Mr. BLAIR. Is not my motion pending and may it no tbe acted A bill (H. R. 4059) granting a pension to Isaac Demaranville; upon? A bill (H. R. 4180) granting an increase of pension to Rowland Ward; The PRESIDENT pro tempore. The Senator from New Hampshire, A bill !H. R. 4317) increasing the pension of Julia A. Chambers; the Chair understands, did not make any motion. A bill H. R. 4613) granting a pension to Preston M. Shannon; l\Ir. BLAIR. I certainly made the motion. I moved that the Sen A bill H. R. 5443) for the relief of N. C. Ridenour; and ate now proceed to the consideration of the unfinished business. A bill (H. R. 6092) making appropriations for·the current and con l\Ir. SAWYER. I was recognized by the Chair and made a motion tingent expenses of the Indian Department, and for fulfilling treaty
to proceed to the consideration of the bridge bill. stipulations with various Indian tribes, for the year ending June 307 l\Ir. BLAIR. I do not wish to interfere, but let the educational bill 1885, and for other purposes.
be taken up and then I will give way in the usual formal manner. E...~OLLED JjiLLS SIGNED. The PRESIDENT pro tempore. The Chair understands from the The message also anno"\illced that the Speaker of the House had notes of the Reporter that the Senator from New Ramp hire did not signed the following enrolled bills; and they were thereupon signed by make any motion until the Senator from Wisconsin [.Mr. SAWYER] had the President pro tempo-re: risen and addressed the Chair and had been recognized. A bill (S. 1027) for the relief of James H. Woodard; and :Mr. BLAIR. I was not aware that the Senator from Wisconsin had A bill (S. 1819) to print certain eulogies delivered in Congress upon addressed the Chair before I made the motion. I had not resumed my seat. the late Thomas Allen. The PRESIDENT pro tempore. The Chair felt bound, as a matter of AID TO COMlllO:N SCHOOLS. duty, to put the motion of the Senator from Wisconsin. The question l\ir. BLAIR. I move that the Senate now proceed to the considera is on agreeing t{) the motion of the Senator from Wisconsin to proceed tion of the unfinished business. to the consideration 9f the bill indicated by him. The PRESIDENT p ro tempore. The Senator from New Hampshire The motion was agreed to. moves that the Senate now proceed to the consideration of the educa BRIDGE OVER SAINT CROIX RIVER. tion bill. The question is on that motion. The Senate, as in Committee of the Whole, proceeded to consider the The motion was agreed to; and the Senate, as in Committee of the bill (S. 1797) to authorize the construction of a railroad bridge across Whole, resumed the consideration of the bill (S. 398) to aid in the es the Saint Croix River, in the States of Wisconsin and Minnesota. tablishment and temporary support of common schools, the pending The bill was reported from the Committee on Commerce with amend question being on the motion of l\Ir. PLmrn to recommit the bill to the ments. Committee on Education and Labor. • The first amendment was, in section 1, line 22, after the word •' feet," The PRESIDENT pro tempore. The Senator from Alabama [1\ir. to strike out the words: MORGAN] is entitled to the :floor. Mr. MORGAN. :Mr. President, when the Senate adjourned yester AndprotJided furthff, That if said bridge shall be so built, the detention of passing said bridge shall not be construed as interfering with the navigation day I was submitting for its consideration something of the constitu oft.he stream. And further. tional history of t he States at the time and before and subsequent to And to insert the word " provided." the adoption of the Federal Constitution in respectofthemeasures which The amendment was agreed to. they took to foster and promote the education of the people. l\Iy pur The next amendment was, in section 2, line 4, after the word ''shall,'' po e in that reference was to show that the seveJ.1!1 States of the Union to insert "from time to time;" and in line 7, after the word "of," to had taken that subject entirely into their own charge; that they had strike out" a" and insert "the proposed; ' so as to read: provided amply for the education of the people through their respective That any bridge authorized to be constructed under this act shall be built and constitutions, and that therefore the education of the people was a sub located under and subject t-o such regfilations for the security of navigation of iect connected, it is true, intimately with the general welfare, but be said river as the Secretary of War shall from time to time pre cribe; and to se longing to that part of the general welfare which was left purposely in cure that object the said company shall submit to the Secretary of War, for his examination and approval, a. design and drawing of the bridge and a map of charge of the States. the proposed location, &c. I had read a portion of the constitution of :Massachusetts, having pre The amendment was agreed to. viously read from the constitutions of some other States. I will proceed The next amendment was to add as an additional section: now to call attention to other provisions in the constitution of Massa SEc. 3. That the said railroad company shall have the right to construct pas chusetts. Chapter V, section'2, of the constitution of 1780, has the fol sage-ways on said bridge for foot-passeng-ers and vehicles of every description, lowing provision: · and to charge a reasonable toll therefor; but the rates of toll shall be submitted Wisdom and knowledge, as well as virtue, diffused generally among the body t-o the Secretary of War, and shall be subject t-o his approval and to any change of the people being necessary for the preservation of their rights and liberties, he may think proper from time to time. and as these depend on spreading the opportunities and advantages of education The amendment was agreed to. in the various parts of the country and among the different orders of the people, it shall be the duty of Legislatures and magistrates in all future periods of this The next amendment was to add as an additional section: Commonwealth to cherish the interests of literature and the sciences, and all SEc. 4. That such alterations or changes as may be required by the Secretary seminaries of them, especially the university at Cambridge, public schools, and of War or Congress in any bridge constructed under the provisions of this grammar schools in the towns; to encourage private societies and public insti act shall be made by the said railroad compg,ny at their own expense; and it is tutions, rewards and immunities, for the promotion of agriculture, arts, sciences, hereby expressly provided that Congress reserves the right at any time to alter commerce, trades, manufactures, and a natural history of the country; to coun or amend this act. tenance and inculcate the principles of humanity and general benevolence, pub Mr. GARLAND. I move to amend theamendmentbyinsertingthe lic and private charity, industry and frugality, honesty and punctuality in their dealings, sincerity and good humor, and all social affections and generous senti words "or repeal" after the word " amend." ments among the people. Mr. SAWYER. I have no objection to that amendment. The amendment to the amendment was agreed to. Those are very important principles connected with the social wel Mr. HARRIS.. The word ''or,'' before'' amend,'' should be stricken fare and the general welfare which the government of Massachusetts out, so as to read "to alter, amend, or repeal." took into consideration in framing its constitution as early as 1780. The PRESIDENT pro tempo-re. The phraseology will be corrected They seemed to regard themselves as being entirely competent to the by striking out the word "or" where it first occurs, if there be no ob- task of providing to the largest extent for the morals, the manners, the jection. - temper, the social affections, the generous sentiments of their people, The amendment as amended was agreed to. and it seems not to have occurred to the Commonwealth of Massachu The bill was reported to the Senate as amended, and the amendments setts that there was any occasion for relying upon any other form of were concurred in. government for dealing with or assisting in any of these endeavors. The bill was ordered to be engrossed for a third reading, read the The history of Massachusetts bears out the proposition that she con fided this portion of the general welfare to the proper tribunal, that third time~ and passed. she did not remit it into the hands of Senators who might be elected MESSAGE FRO:\! THE HOCSE. hereafter from Alabama and Wisconsin and Oregon and illinois, or any A message from the House of Representatives, by Mr. CLARK, its of the States that were not in the contemplation of the statesmen of Clerk, announced that the House had passed the following bills; in that day, but that she undertook in virtue of her own sovereignty, of which it requested the concurrence of the Senate: her own powers, to provide for her people a.ll these necessary assistants A bill ~H. R. 283) granting a pension to Patrick Horan; to the general welfare and their progress. They even go so far as to in A bill H. R. 284) for the relief of Mary G. Hawk; culcate the dJity upon the Legislature of providing by law so that sin A bill H. R. 501) for the relief of Hiram M. Howard, of Richland, cerity and good humor and social affections and generous sentiments Kans.; shall be encouraged among the people. And, sir, we see the fruit of 2630 CONGRESSIONAL RECORD-- SENATE. APRIL 5,
it here in this body and elsewhere. We see the high degree ofinteJli abandon; content yourselves with attending to your own business and let gence which Massachusetts has aided to distribute throughout the North Carolina pursue the course that she laid down :(or herself and her length and breadth of this land, a,nd we see how uniformly good-nat people as far back as 1776. '' ured and good-humored are the representatives from that splendid Ohio put similar provisions in her constitution after being organized Commonwealth. I congratulate that ancient Commonwealth upon her as a State out of territory that had been granted by Virginia, Virginia success in laying down in her constitution those principles of govern herself having accepted by an act of her Legislature the act of Congress -ment which belong appropriately to the States, and which have brought for the organization of the Northwestern Territory which excluded slav such beneficent results upon individuals as well as upon the entire ery from that portion of the public domain, Virginia, therefore, being community. the first State in the American Union to put the imprimatU?· of her ap Now I turn back to the earlier part of the same constitution, and I proval upon the abolition by act of Congress of slavery in any part of read articles 4 and 5, for the purpose of impressing still more firmly the territory of the United States. Ohio, in the constitution of 1802, upon the mind of the Senate and of the country the fact that while provides in sections 25, 26, and 27 as follows: Massachusetts was ordaining these very ideas and duties of benevolence SEc. 25. That no law shall be pas ed to prevent the poor in the everal coun to her own people, she was protecting her people and her State rights, ties and townships within this Stat-e from an equal participation in the schools, in addition to the guarantees which were found in the Articles of Con academies, colleges, and universities within this State which are endowed in whole or in part from the revenues arising from the donations made by the federation and the Constitution of the United States, by a declaration United States for the support of schools and colleges; and the doors of the said of certain principles and rights and powers belonging to the State which schools, a()S.demies, and univer ities shall be open for the reception of scholars, are totally incompatible with the idea that Congress was left, by Mas students, and teachers of every grade, without any distinction or preference whatever contrary to the intent for which the said donations were made. sachusetts at least, in the guardianship of the education of her people, SEC. 26. The laws shall be pa ed by the Legislature which h a ll secure to each or of any other matter that pertained to their social and personal wel and every denomination of religious societies in each surveyed township which fare as individuals or a a community. Articles 4 and 5 say: now is or may hereafter be formed in the State an equal pa rticipation,a«:ord ing to their nnmber of adherents, of the profit arising from the land granted by ART. IV. The people of this Commonwealth have the sole a nd exclusive right Congress for the support of religion, agreeably to the ordinance or act of Con of governing them elves as a free, sovereign, and independent State, and do, gress making the appropriation. and forever hereafter shall, exercise and enjoy every power, jurisdiction, and SEc. 27. That every as ociation of persons, when regularly formed within this right which is not, or may not hereafter be, by them expressly delegated to the State, and having given themselves a name, may, on application to the Legisla United States of America in Con~ress as embled. ture, be entitled to receive letters of incorporation to enable them to hold es ART. V. All powe r residing or1ginally in the people, and being derived from tates, real and personal, for the support of their schoolS, academies, colleges, them, the several m agistrates and officers of government vested with authority, universities. and other purposes. whether legislative, executive, or judicial, are the substitutes and agents, and are at all times accountable to them. That is what Ohio had to say on the subject. Pennsylvania, in 1683, in section 28 of -the frame of government, a it is. call~ of Pennsy1 vania, If there was no other fact in this whole history but the single fact provided: that l\fassachusetts, one of the States which framed the Constitution of 28. That all children within this province of the age of 12 years shall be taught the United States, had made in her constitution the express reservation some useful trade or skill, to the end none may be idle, but the poor may work of power which I have just read, and had expressly said that she shall to live, and the rich, if they become poor, may not want. hereafter enjoy every power, jurisdiction, and right which is not or And Vermont in 1786,· in her constitution, provided: may not her~after be by them expre ly delegated to the United States 38. Laws for the encouragement of virtue and prevention of vice and immor ality ought to be constantly kept in force and duly executed, and a competent of America in Congress a embled, that would be sufficient as an answer nnmber of schools ought to be maintained in each town for the convenient in to the proposition that she had reserved to herself the right to exercise struction of youth; and one or more grammar schools be incorporated and prop every power and duty toward her people which she expressed in this erly supported in eaeh county in this State. And all religious societies or bodies of men that may be hereafter united or incorporated for the advancement of re Constitution, and every power and duty to her people which she did ligion and learning or for other pious or charitable purposes, shall be encouraged not expressly delegate to the United States in forming their constitu and protected in the enjoyment of the privileges, immunitie , and estates which tion. How could it be argued against Massachusetts, with her consti they in justice ought to enjoy, under such regulations as the General Assembly tution thus pregnant with denials of the power of Congress to regulate of this State shall direct. the general welfar~ upon the subject of education, that she had sur The State of New Hamp hire, which has the honor of being repre rendered all that right and all thatpowertotheCongressofthe United sented on this floor by the author of thi bill, in articles 6 and 7 makes States under any circumstances or condition or that she ever expected certain provisions in respect of education which are very marked in that she would do so? their character and which go to the whole extent of claiming exclusive Now, Rir, I will turn to the constitution of North Carolina, that glori jurisdiction over the subject of common- chool education and every ()US old State which led the van in the declaration of her independence, other form of education, and not only so, but of applying to it religious .and which, in her l\fecklenburg declaration, put the very frame of tests and excluding from the privileges of teaehing in the chools those words together which the Congress of the United States afterward persons in that State who might belong to other than Protestant de adopted as the best fitted to express their views of the independence nominations. I do not know what they would do to tho e men who and sovereignty of the United States of America. That State ordained deny entirely the existence of the Deity, but I take it for granted that in the forty-first article of her constitution·of 1776: _, they would not be permitted under the provisions which I now read XLI. That a school or schools shall be established by the Legislature for the to participate in the government of any school whate•er: convenient instruction of youth, with such salaries to the masters, paid by the Sixth. As morality and piety, rightly grounded on evangelical principles, will public, as may enable them to instruct at low prices; and all nsefullearning give the best and great-est security to government, and will lay in the hearts of shall be duly encouraged and promoted in one or more universities. men the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society by the institution of the p).lb Has North Carolina ever yielded that power to the Federal Govern lic worship of the Deity and ofpublicinstruction in morallty and religion: There ment in anyseuse whatever? Has she ever so far berated her own sov fore, to promote those important purposes, the people of thi State have a ri~ht to empower, and do hereby fully empower the Legislature to authorize from time ereignty as to be willing to admit that the Federal Government, in these to time the several towns, parishes, bodies-corporate, or religious societies latter days, has more power than it had at the time of the formation within this State to make adequate provision, at their own expense, for the sup of the Federal Constitution, and that the United States now has power port and maintenance of public Protestant teachers of piet.y, religion, and mo rality: Pr~ided, notw ithstanding, That the several towns, parishes, bodies-cor which that noble State recorded as belonging solely and exclusively to porate, or religious societies shall at all times have the exclusive right of electing · her in her constitution of 1776? Thai constitution was formed at a their own public teachers, and of contracting with them for their support and time when it was necessary, as is stated in the preamble to it, to organize maintenance. And no person of any one particular religious ect or denomina tion shall ever be compelled to pay toward the support of the teachers of civil society in order to escape from the effects of the turbulence and another persuasion, sect, or denomination. turmoil with which the then opening war with Great Britain distressed And every denomination of Christians demeaning themselves quietly, and as and harassed the country, but in the midst of all these troubles and good subjects of the State, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be es anxieties they bethought themselves of the future, and counting the tablished by law. fact that the principles which underlay their State constitution and And nothing herein shall be understood to affect any former contracts made their declaration of independence would inure to the ad vantage of their for the support of the ministry; but all such contracts shall remain and be in posterity for many generations to come, a proud and an independent the same state as if this constitution had not been made. people laid deep and well this noble foundation of State rights and State .Just here there is a remarkable provision for the propagation of the sovereignty in that grand constitution. Sir, I will not disregard it;. I Christian faith, as understood by the Protestant denominations, in the will not ignore it; I will not come here as a representative from Ala constitutions of New Hampshire, and there are some exclusions from bama presuming that I have the right to prescribe anything to North the right of public tea(;hing in matters of morality and religion' appli Carolina in respect to the education of her people or to put before her cable to those who are not members of a Protestant denomination. a condition which will humiliate her to the extent of saying '' Take Now, let us take this matter under consideration tor a moment. Was this money I offer you; do it on the terms I offer it; if not I will with not that esteemed by the people of New Hampshire as being a part of draw it.'' That State, if her voice was truly uttered upon the floor the general welfare of the people of that Stat-e? Why should they go of the Senate, would respond to such a demand as that by quoting this into this detailed and very e1aborate statement of the rights and powers article 41 of her constitution of 1776, and she would say ''we provided and duties of the State and of its magistraey in respect of matters of before you were aState and before the Constitution of the United.States piety, morals, and religion, unless they conceived that the regulation was formed, and amidst the first smoke of the first battle for the inde thereof was necessary for the general welfare of the people of New Hamp pendence of the country-we provided with sedateness and care for the shire? But when it came to ordaining the Constitution of the United education of our youth, and t.lmt ground we have never seen proper to States, the doctrine of the divorce of the civil from the religious ele- 1884. CONGRESSIONAL RECORD- SENATE .. 2631
ment bad obtained uch a strong foothold among the delegates repre teet against the power of Congress to repeal it or to alter it in any way, .sentin
::\Ir. MADrso~. It is supposed by some gentlemen that Congress have author of Mr. l\Iadison delivered on that occasion, in which be felt, and stated ity not only to grant bounties in the sen e here used, merely as a commuta that he felt, that the latitudinarian construction -which is given to the tion for drawba()k, but even to grant them under a power by virtue of which term "general welfare" in this very debate would if indulged in they may do anything which they may think conducive to the general welfare. This, sir, in my mind raises the important and fundamental question whether upturn the very foundation of the Constitution of the United States. the general terms which have been cited are to be considered as a sort of cap Senators must excuse me if I am not prepared to follow them in their tion or general description of the pecified powers, and as having no further interpretations of this instrument to the extent of voting for this bill meaning and giving no further power than what i found in that specification, or as an abstract and indefinite delegation of power extending to all cases what after the enunciations of Mr. Madison upon that question, and after ever; to all sueh at least as will admit llie application of money, which is giv the Government of the United States from the date of that speech and ing as much latitude as any government could well de ire. before that time down to the present moment, has never resorted to I, ir, have alway conceived-! believed tho e who propo ed the Constitution conceived-it is still more fully known and more material to observe that those the taxation of the people of the United States at large for the purpo e who ratified the Constitution conceived that this is not an indefinite govern of educating the children in any of the tates. I can not follow them ment, deriving its powers from the general term prefixed to the specified pow because of my doubts upon the question, if I may call them doubts. er , but a limited government tied down to the specified power , which explain and define the general term . l\Iy views of the question are solid and earnest convictions against the· It is to be recollected that the term "common defen e and general wel constitutional power; but if I had only doubts, and they were enforced fare " as here used are not novel term fir t introduced into this Constitution. as they are by the judgment of a man like ~Ir. Madison, who was in They are terms familiar in their construction and well known to the people of America. They are repeatedly found in the old Articles of Confederation, where, the constitutional convention and who wa in Congress speaking oi although they are susceptible of as great a latitude as can be given them by the powers-tho e reserved and tho e given to the Federal Government- context here, it wa never s uppo ed or pretended that they conveyed any such if I was only left in doubt, under these circumstances would it be ex powers as are now assigned to them. On the contrary, it was always considered clear and certain that the old Congress was limited to the enumerated powers, pected of me that I would do like the honorable Senator from Ken and that the enumeration limited and explained the general terms. I ask the tucky [1\Ir. WILLIAMS] said he would do, resolve his doubts in favor gentlemen themselves, whether it wa,s ever supposed or suspected that the old of the poor and the humble and the needy and the oppr ed? Congress could give away the money of the States in bounties to encourage agricnlture, or for any other purpose they plea~d. If such a power had been We have a daily and an hourly chance t<> re ol>e all doubts in favor possessed by anybody, it would have been much less impotent, or have borne a of that class, for the Scriptures tell us, "For the poor ye alway have very different chara()ter from that univer ally ascribed to it. withyou." We areneverseparatedfromthem. No community, how The novel idea now annexed to those terms and never before entertained by the friends or enemies of the Government will have a further consequence, ever great o:r prosperous, is ever free from a cla who must depend which can not have been taken into the view of the gentleman. Their con upon public charity; but, as was so well ob erved by the Senator from struct-ion would not only give Congress the complete legislative power I have Delaware [lli. BAYARD], what do the people of California know about stated; it would do more, it would supersede all the restrictions understood at present to lie in their power with respect to a judiciary. It would put it in the the charity that hould be exercised in behalf of the people of Maine, power of Congress to establish courts throughout the united States, with cog and what do the people of New Ramp hire know of the charity needed nizance of suits between citizen and citizen, and in all cases whatsoever. to be expended through governmental institutions and law in behalf This, sir, seem to be demonstrable; for if the clause in question really author ize Congress to do whatever they think fit, provided it be for the general wel of the people of the State of Alabama? . fare, of whiah they are to judge, and money can be applied to it, Congre smust Sir, our commissions as Senators from these respective States do not have power to create and support a judiciary establishment with a jurisdiction include the right to consider questions of this kind· and there being o extending to all case , favorable in their opinion to the general welfare, in the same manner as they have power to pass law and apply money providing in much of doubt, to say the least of it so much of uncertainty, in respect any other way for the general welfare. I shall be reminded, perhaps, that ac to the exercise of this power, it seems to me that it i our duty to each cording to the terms of the Constitution the judicial power is to extend to cer other as well as to the country to stop until the people can amend this. tain cases only, not to all cases. But this circumstance can have no effect in the argument, it being presupposed by the gentlemen that the specification of cer Constitution if they think that the calamitous condition of illiteracy tain object-s does not limit the import of the general terms. Taking these terms and ignorance in the country is so great and o pres ing and so danger as an abstract and indefinite grant of power, they comprise all the objects of ous as that some public measure must be taken by Congress to aid in legislative regulations, as well such as fall under the judiciary article in the Constitution as those falling immediately under the legislative article, and if its improvement. the partial enumeration of objects in the legislative article does not, as these The annexation of Louisiana was alluded to here and the waiver by gentlemen contend, limit the general power, neither will it be limited by the Mr. Jefferson of his earnest, strong, conservative views of strict con partial enumeration of objects in the judiciary article. There are consequences, sir, till more extensive, which, a they follow clearly struction of the Constitution in order to carry that measure into effect. from the doctrine combated, must either be admitted, or the doctrine mu t be The Senate will remember, however, that Mr. Jefferson, after the meas given up. If Congress can employ money indefinitely to the general welfare, ure had passed, after the treaty had been made, and w bile Congress was and•are the sole and supreme judges of the general welfare, they may take t-he care of religion into their own hands; they may appoint teachers in every in the a-ct of accepting it :md providing for the extension of our laws j State1 county,and parisb,and pay them out of their public Treasury they may over that territory, still earnestly urged that the States should take the take mto their own hands the education of children, establishing in bke manner matter in hand and amend the Constitution o that nunc pro tunc it would schools throughout the Union; they may assume the -provision for the poor; they may undertake the regnlation of all roads other than post-roads; in short, operate to cover the breach which had been committed as a matter of everything, from the highest object of State legislation down to the most minute great public exigency. • object of police, would be thrown under the power of Congress; for every ob The power of amendment was put in the Constitution of the United ject I have mentioned would admit of the application of money, and might be called, if Congress pleased, provisions for the general welfare. States, and we have a right to suppose that the Legislatures of the thirty The language held in various discussions of this House is a proof that the doc eight States of this Union will have as much wisdom in clearing up trine in que tion was never entertained by this body. Arguments wherever doubtful questions as any one Senate or any one House of Representa the subject would permit have constantly been drawn from t.he peculiar nature of this Government as limited to certain enumerated powers, instead of extend tives may be expected to have upon constitutional law; and if by the ing, like other governments, to all cases not particularly excepted. In a very emancipation of the negroes, or if by the influx of uneducated and pov late instance-! mean the debate on the representation bill-it must be remem erty-stricken foreign population, or if by any other means there has bered that an a.rgument much used, particularly by gentlemen from Massachu setts, against the ratio of 1 for 30,000 was that this Government was unlike the been a growth of ignorance and illiteracy in this country the mastery State governments, which had an indefi.nit.e variety of objects within their of which is not within the powers of the local governments in certain power; that it had a small number of objects only to attend to, and, therefore, places and quarters, let us -when we recognize that evil and doubt the that a smaller number of Representatives would be sufficient to admmister it. .Arguments have been advanced to show that becau e, in the regulation of power which we have to remedy it, or when we find our compeers in traue, indirect and eventual encouragement is given to manufacturers, therefore this body honestly and seriously doubting our power to reach the ques Congress have power to give money in direct bounties, or to grant it in any tion, let us take pause and refer the subject to the amending power of other way that would answer the same purpose. But. surely, sir, there is a great and obvious difference, which it can not be necessary to enlarge upon. .h duty the State Legislatures over the Constitution of the United States. If laid on imported implements of husbandry would, in its operation, be an indi- we had more frequent resort to that remedy and could more frequently 1884. CONGRESSIONAL RECORD-SENATE. 2633: test the sense of the people of the different States of this Union in re wonderful healing power of our acts of usurpation under what we calli spec.t to the exercise of doubtful constitutional powers we @ould take the general-welfare clause, and which has been aptly termed here a course which would conserve this Government in future against this " the blanket clause" of the Constitution; the clause that, in the name· friction and attrition which some time or other may tear it to pieces in of the general welfare is a safe co-ver for iniquities, as charity is a con spite of all the conservatism and wisdom of the best men we have. venient mantle for other sin . Congress, autocratic and arbitrary in the execution of its powers, dis Congress legislates eon tantly with the intent to control the property, dains to leave questions to States and to the people in order to ascer the busine~ affairs the morals, the manners, the sentiments of the tain what is their sovereign will upon tho e great questions of contro country, so as to accompli h the purposes of a political party, instead verted powers on the part of the Government of the United tates about of legislatinO' for the liberties and material welfare of the great body or which their representatives in both Houses differ o essentially. the people that we represent. Its legislation is fitful and often whim I here leave this constitutional question. I have not ventured into sical. It grants hundreds of millions of acres of land to railroads in the discussion of the letter and terms of the Constitution in respect to obedience to a great clamor for public impro>ement and for immigra the powers of taxation connected with the general welfare and the com tion to the Pacific. It then stands by and allows those grantees to mon defense, for the reason that t]le aiDe argument made by the Sen abuse their powers o long as they are enriching men of great influence ator from Texas [Mr. CoKE] was soclearandsounanswerable, it eems and contribute to the support of a dominant party. When the peo to me, that it would be a mere waste of time and words for me to at ple wake up to the injustice they are compelled thus to undergo, Con tempt to add anything to its force or its effect. I stand upon that ar gress turn about and in the most sudden and violent way tears the· gument, adopting it as fullya,nd completelyasif I had had the honor or whole tructure down and destroys all that it can lay its hands upon ability to utter it myself. • for the sake of the alleged ''general welfare '' and to answer the pop I have been taught that the gathering of power into the hands of Con ular demand ! gress is among the most dangerous of the evils to which our form of The general welfare is in>oked in the first place for the purpose of" government is liable. My experience in the Senate has only increa ed making the donations and after they have been made and the compa my apprehensions as to the prevalence of this evil purpose. We ha>e nies and individuals ha\e grown enormously rich upon their proceeds, done much in this direction, and I do not recall an instance in which then you turn around and invoke the general welfare to tear the whole· Congress has refused to eize upon any power that the popular will has structure down, waste the property, cut up vested rights, destroy prop , for the moment demanded that it should grasp to carry out a favorite erty rights of men and corporations, and all because there is a public object or to relieve against some stress of m:OO'ortune. In this course of clamor rai ed and a demand made that this excessive legislation shall dealing we have so emasculated the State governments that e>en they be wiped out. join in the prayer to Hercules for his help. Congress ha allowed the ulcer of Mormonism to eat into the body Sir, I was bred, I may say, a State-rights Democrat, having, however, poHtic in the Western Territories, and when the evils of the disease come from a family none of whom belonged to that political affiliation, have become threatening it has cut up and destroyed the very vitals or but having formed my opinion upon this subject a.'> the growth of my civil liberty to get at the supposed root of the disease and to eradicate youth and manhood from a study of the Constitution and the writings it. .A. bill is pending here now to revoke Territorial legislation, take· which claim to be proper expositions of that instrument. I therefore away the right of suffrage, and take the ballot out of the hands of the· belong to that class of Democrats who are called State-rights Demo people in Utah, notwithstanding they are educated people. We have· crat , Democrats who insist upon the preservation of the reserved rights laws to take the ballot out of the hands of the people as a punishment of the States against the aggression of Congress or of any other depart for crime, before they are conncted of cTiminal charges and accusations. ment of the Federal Government, believing that this reservation of This is another instance where the general welfare has been invoked,. rights and the protection of the reserved rights is essential to the main first to let them alone in the enjoyment of their alleged religious opin tenance of the welfare of the whole body-politic of this great country ions and sentiments; and then it is invoked to tear them up as a civil of ours. community and to punish them as a religious community, to confiscate But I have been led to observe and sometimes to remark that the their church property, and to abolish what they claim to be their re wasting away of the powers and rights of the States is more due to their ligion. inaeti vity in their a ertion, t.o their want of confidence in the ground I do not think they can make such claims honestly and faithfully, upon which they stand in their assertion, to their neglect of their con but still they claim that they are a religious people. I am discussing stitutional powers, privileges, and duties, to the abandonment ofwhat be now the quemion of the general-welfare power and how Congr swings. longs to the States, than even to the aggressive spirit of Congress or of it back and forth to answer its own demands and to respond to what any other department of the United States Government. We find States ever may be fitful or whimsical in the demands of public sentiment as coming up here with resolutions from their General Assemblies, and we expressed through the new papers and otherwise. :find Senators on this floor who are the ambassadors of States rising in Congress has enfranchised the negro, and it has enaeted many uncon their plaees from day to day and claiming the protection and assistance stitutional laws to protect him in the use of the ballot that it now of Congress whenever anything strikes the attention which Senators up claims he can not read or understand and therefore can not intelligently pose may possibly give the States some slight inconvenience. Here, of use. Let us look over the history of this legislation a little and see late, tornadoes have been used as a means of appealing to the CoDoOTes what Congress has not attempted to do for the purpose of giving the· sional power to take away from the States their right and their duty of negro the ballot and of protecting him in the use of it, and not only the protecting their own people or their communities through the benevo ballot but all other de criptions of what are termed civil rights, and lent office of charity, which they would doubtless and have indeed ex how the United States Supreme Court has been called upon and has ercised to all who have been troubled or afflicted. Cattle diseases rendered decision after decision obliterating the acts you have passed spring up, overflows occur, and Congress is appealed to for help. here because they were violations of the Constitution. Sir, in times- In May, 1874, there was an overflow that occurred in my State on the ofpublic excitement, in times when popular opinion is strong and urgent Tombigbee or the Black Warrior River, a small, narrow stream who e in a certain direction, is it our experience that Congress is not entitled bottom-lands were not very extensive; and as soon as it was understood to be t.rusted in determining, for good and all, ''what is the general that some plantations had been in undated and some stock swept off the welfare?" If it were not for the conservative opinions of the Supreme members of Congress then representing or claiming to represent that Court in correcting the decisions upon the general welfare made in this State brought in a bill to appropriate, I believe it was $400,000, for the body we should have had a Constitution by ~his time that would have relief of the people who had been overflowed by the Tombigbee and een so threadbare that no .American who claimed the liberties of his the Warrior Rivers, and the bill was passed. The general welfare of fathers would have been reconciled to its further existence. the whole State of Alabama and of the United States was a sufficient Congress first invites the black man from Virginia and :Maryland and plea in apology for giving$400,000atthattime forthe overflowed peo North Carolina and elsewhere through the United States to come ple in that portion of my State. The money was authorized to be ex into the District of Columbia. It confers upon him as an example of free pended in bacon and in flour and other food for human consumption. dom and liberty the right to the ballot to be cast in common with It was so expended. The overflow had passed away before the bill the white men of this District-a District which bas ·more population passed Congress and new crops were growing upon the land that Con than several States of the .American Union, and some of them old gress was providing for before tbe bill was signed by the Pre..-,ident. State · more, I believe, than Oregon; more, I know, than Colorado and Nevertheless the 400,000 went into public distribution in the State of Nevada; more, perhap , than some of the other States, or if not more· Alabama; and it was distributed in the next October and November about as much-a great capital city, with vast amounts of property elections upon the highest points of the sand mountains throughout a a~cumulated here, and old-established and sedate social institutions,. large region of country where the people wanted what was called in with every appliance of order and law and social excellence and eleva that country '' overflow bacon.'' tion with churches, chool-houses, hospitals, all that pertains to the I can not get that picture out of my mind. There was the general welfare of the rich and poor with palatial residences, cottages, and tum welfare of the people invoked and with success to justify this political ~'1e-down tenements all occupying the same neighborhood with equal fraud; the money was voted, and the bacon was bought, and the politi fr€'edom and ad vantage of breathing the air of heaven to the occupants, cians went around with their greasy hands and distributed it to the men all enjoying the right to pursue happiness in the manner their own who cast greasier ballots that they could not read, and in that way the judgment and conscience shall dictate, and to worship God according· general welfare was promoted! Men got rations of pacon to cast bal to the dictates of their conscience. Congress set the example of man lots that they could not read through the broad benevolence and the hood uffrage in this District by giving the ballot to the negro, who- 2634 CONGRESSIONAL RECORD-SENATE. APRIL 5,
·came rushing into this District, where the fountains of liberty were Mr. President, I do not recur to this in any political sense, for I have :supposed to flow perennially and always in crystal streams. determined to keep out of this debate so far as I ~uld political allu Drinking eagerly of their flood-tide beneath the Arcadian shades, the sions and references. The debate has been conducted upon very high new wo~ers of liberty knelt amidst the beautiful surroundings of this principles, and so far as I am concerned I desire that it shall continue Capitol. This is a place to which the man of the highest taste would in the same line and upon the same plane. I know the Senate is pre naturally be invited by its attra~tions, and the place to which the pil pared now to hear from a Southern Senator omething of hi views in ,grirns in search of the realities of freedom came first to drink its intox:i respect to the present status of the negro and what we can accomplish ca.ting draughts of infinite delight. In troops they came, and what was for him by spending '105,000,000 chiefly and mainly if not entirely for the result? Congress, in order to get rid of them, in its fitful mood has the pmpo e of educating him so that be can read the ballot that be aholished the suifrage in the District of Columbia for black and white. casts and can understand some of the principles of the Government in These noble Senators by whom I am surrounded, and some of whom reference to which he is exercising the franchise of a voter. own property in this District to the value of millions of dollars perhaps, In the con>ention that framed the Constitution of the United States those who live in palaces of which the kings of the earth might be the negro wa a ource of the greatest bitterness qf feeling, and from proud, are willing that they themselves shall be disfranchised rather that day to this his presence in the United States has cau ed nothing than they shall confer the power of the ballot upon their servants. but strife and bloodshed. I say "nothing;" I willqualifythatremark; They are willing to abandon that feature of republican government in it has cot great strife and much bloodshed. The negro ha been very the United States which involves the responsibility of rulers and public much more the beneficiary of all that he has received and all that bas servants to the constituency that they serve. They'are willing to forego been done to him and for him in the United tates than the people with everything in the nature of free government in which the individual whom be has been associated. Now he is a citizen. I respect him and man may participate in order to escape the doom that they see awaits his rights as such, and I am willing to do for him as a citizen what I them and their property if they allow the negro man to vote in the would do for any other citizen of the United States. But in that char District of Columbia. Sir, they give up the ballot themselves andre a-eter his rights are no greater than mine and no greater than the rights quire the wisest and best of men in this District to yield up all rights of of my family. His ignorance and his vices are a heritage from a savage free government and participation in government, which is th.e only ancestry. right of government they can enjoy-becau e they can not vote for Presi Up to the year 1860 no man thought it necessary that the power of dent and Vice-President like the people of the States, they can not have Congress should be invoked for the purpose of educating the children representation in Congress, with a voice at these desks or in the other of the men who fought through the war of the Revolution, or the war House to represent them by the voting power-they are yielding all this of 1812, or the war with l\Iexico. even of tho e children who were left only for the purpose of getting rid of the ballot of the negro. orphaned. Was there ever, Mr. President, a stronger evidence of the fitfulness Sir, allow me to wk you whether you are conscious of the fact that of legislation and its whimsicality, when the Congress of the United the people of the United States ha>e any higher grade of personal or po States, having the right to enact laws and the power to judge of the litical morality now than they had in the year 1 00? Do we show bet general welfare, declared, in the first instance, that every negro man ter evidences of enlightenment and civilization or better fruits of cul 21 years of age who bad been a resident of this District for a certain tivation now than om fathers did at the beginning of this century? time should have a vote in the direction of its public affairs, and then Who built the Constitution we are discussing to-day, which has been afterward, when they had tested the evils of negro suffrage which this pronounced the world over as the ma terpiece of a single effort of consti law directed, they abrogate the whole system of the ballot, deny the tutional ordination? Men from communities where there were scarcely ballot to white and black, and say there shall be no free governmentin any public schools, to say nothing of governments to tbst.er and su tain the District of Columbia, because they can not afford, inasmuch as they them-men came forth from the wilderness, some of whom as compared reside here and have got property in this District, to expose their prop with what we pretend to know in this day and hour would be called ig erty to the assaults of the ballot in the hands of the negro? These lib norant. How did they compare with om educated generations? They -erty-loving patriots could not consent to expose their interests to his organized the Government and put it on foot; they voted for President .control. They could not afford to stand the uplifting which perhaps after President, and they decorated the history of the United States with the negro might gain in social position and equality here, and in order a roll of great men which century after century to come will never dare to rid themselves of this Mte noire, in order to escape the doom which the enterprise of emulating. The Government went on in its opera they had invoked upon themselves by their own doctrines and own en· tions, not ignorantly, not unwisely, not inconsiderately. It went on actments, they will simply retire from the privileges of American lib with beautiful power and smoothness of action and strength to build up erty and abj me their rights and privileges ascitizens, and they will say the people within its limits and to establish a charaeter for it among to the Congress of the United States," We do not want to voteatall." the nations of the earth that has been enjoyed by no human govern Often when looking at that venerable man George Bancroft., and that ment that e-ver existed in the annals of history. Yet they had a com other venerable, pme, and noble man Mr. Corcoran, and the savans and parativelyuneducated basis of population, and there were thousands and scientists, men of eminence, of historic fame, who have congregated ~ns of thousands of voters w bo could not have read the ballots that they about this capital in order to enjoy the association of men liberal in letters cast in the boxes when the most renowned of our President and other and large in means who congregate here to enjoy the repose and quietude men of the past were elected to the high offices which they filled. of the evening of life in the presence of the opportunities which may Sir, it is not the ignorance of the people in respect of letters that di - be enjoyed here, I have thought bow little confidence there is to be put qualifies them from the exercise of the powers of the franchise in this in a Congress of the United States which would disfranchise men like free government of ours, but it is the ignorance of the sub tantial vir these to escape the plain duty of putting the right of suffrage in this tues of patriotic manhood and it is the inattention to that sense of duty District upon grounds that are safe for the welfare of the people. which after all is the anchorage of the individual and of the heart of I have nothing to say about the political hypocrisy of this act; it is not the great public in any country. necessary that any man should comment upon the matter. That stands Until1868 there was not dumped in upon us au enormou mass of blazoned in shameful letters upon the history of the last ten years of ignorant men just out of slavery who had no conception of our gov the United States. Let the party which is responsible for it take up ernment and could not have had any power or capacity to understand the subject and digest it, ''put it in their pipes and smoke it,'' when it. That act, fortunately for the people of the United States, though they read lectures and homilies to me about the denial of the right of well intended merely to amplilY the powers of the few white men who -the ballot to negroes in my State, or complain at my refusal of their might be placed in control of this great mass of ignorance, ba not bad proffered largesses when they say that they want to educate the negroes the result of so vitiating or demoralizing the ballot or the elective power that we have among us so as to qualify them for suffrage in the States. of this country as to sweep away the foundations of civil liberty and How many negroes, Africans, ex-Africans, part Africans are there in constitutional law; but, on the contrary, it turns out in the providence the District of Columbia who are esteemed by honorable gentlemen here of God that the early teaching of these people in their new relations of :to-day as among the most elevated men in morals, in character, and in citizens was left in the hands of men who had for them a personal re attainments in the world? There are many such, sir. We send some gard founded upon long and intimate friendly association a master and of them abroad on foreign missions and others we confirm to high offices slave; men who had a conscientious regard for the obligations which in the secret sessions of this body; and the Senators who have been here they take beforeAlmightyGod to obey the Constitution of their country. with me for seven years know how I have stood upon these questions, It was fortunate that they fell into the hands of a set of men who and that my conduct has been marked by entire generosity and liber were scrupulous and guarded in reference to all poll tical duties, and who ality upon that score. But reviewing our own conduct and the pres believed and realized that their participation in the politics of the coun ence and the situation of these men among us, can we deny that they try was intended and designed only for the welfare of their families and have intelligence enough to read the ballots which they cast in the box the good of the people at large. and understand the principles of government for which they would vote? What ba been the result? In the midst of poverty and distr and 'They can mount the rostrum and deliver lectures to us upon govern embarrassment of every moral and material character, in the midst of mental affairs which would instruct the best of us, perhaps, and yet social distress of a most terrific nature, these people have coolly and ·we deny them the ballot; w bile we claim that it is necessary in order that quietly and calmly marched on in the line of duty until they have con !fihe negroes in the States shall have the qualifications to vote to spend vinced the negroes themselves that they are upright and honest citizens, $105,000,000 at the first move to educate them to the proper use of the and that their purpose in participating in the government of the States ballot. Let us first extract the beam that is in our own eye, that we and of the United States is to do good to all the people and not to do may see more clearly how to take the mote out of our neighbor's eye. harm to any. 1884. CONGRESSIONAb RECORD- SENATE. 2635
ThrouO'h this moral heroism which pervaded all classes of the South, society and in our politics. Do for him what we may, we have not. the the men° and the women too of the South, we have been enabled ~o moral power or the political or physical power to elevate that man out give direction to political affairs there, so that instead of barbarism of that groove. .and ianorance capturing the country and destroying it, new life has . It is not unnatural, neither is it to be considered a matter of ~ urprise, sprung up, great accessions of strength have come to the people there, that when all ociety turns the back of it hand upon the negro race and I can state in the presence of thi honorable Senate and the coun and excludes them from fraternization at the hearth tone, they should try to-day that there are no communities in the civilized world where become clannish, that they hould unite with each other in political law and order are better preserved, where justice is more thoroughly association, in churches, in schools in society, and everywhere else. .and more cheaply administered, where the taxation is so light. It is a It is not to be wondered at that no alchemy has yet been found by -country where the peace of ociety is so precious to the people, where which we could dissolve this clo e affiliation between the negroes in al honor and duty control in every relation of life from the family circle the respects to which I have alluded. to the highest official rank and station, where the relation of parent Here he is in the United States, a man who is ranked at the veryfoot and child is maintained with all that delicacy of sentiment and strength of our social relations. The Indian on theWestern plains, though a sav <>f union and harmony of purpose which belonged to the cla of people age and though a brute revengeful, dangerous, but still proud and in who laid the foundation of our constitutional system and of our great dependent in hi spirit, is rated by every white man in the United ocial sy tern in the United States. States as being socially the superior of the negro. The Indians also, The negro has been very greatly eduCa-ted in letters ince he was in the earlier times in the Southern States, recognized that fact ac;; dis .emancipated, and he has unlearned some lessons that he understood tinctly as the white man, and many slaves belonging to the African race well at the time he was a slave, and the unlearning of which has cost I have seen in the ownership of the Creek and the Cherokee Indians. his fumily very great trouble. Throwing off himself all idea of disci They owned thousands of slaves, and they migrated them across the pline, be has dismissed discipline from his home circle, and his little Mississippi among the five civilized tribes that now occupy that country. children have been allowed to grow up without that sort of parental We can not remedy this matter of caste by educating the negro. We control which at last lies at the foundation of all good ociety and all can improve his condition as a man, qualified t.o take care of himself, good government. If we should abolish the family relation in the to make money, to accumulate property around him, and all that, and United States and break the bands and scatter asunder the little con in God's name let us do it, for we owe that to him as a duty of hu gregations about the hearthstone, we would strike a b~ow at the Gov manity whenever and wherever we can do it; but we owe him a very .ernments of the United States, State and Federal, wh1ch no power of much higher duty than that if e can perform it, and that is to teach statesmanship could ever redress or remedy. him the value of manhood and elf-reliance. But the negro, after his discipline ceased, ceased himself to be a dis Of what value to him or his race is a negro's manhood, his self-reli • ciplinarian, and he has allowed his family to grow up in idleness and ance his talents, his capacities in the United States of America to-day? unthrift t.o such a degree that every gentleman who is here now from the Of how many banks is he president? of how many railroads or other cor outh understands me perfectly well when I assert that there is less to porations is he manager? how many machines does he run by steam or be expected from the young negro generation in the United States in by water power? What stocks does he own? what corporations does its pro pective contribution to the moral power, to the wisdom, t.o the he manage? What busin~ occupations is the negro found in except social and political trength of this country than is to be expected from in keeping an apple-stand or something like that in the sheltered part so many Arab on the deserts of Egypt. of the highways in your cities? The progress he has l)lade in these di · I do not speak these words reproachfully toward that race, for I can rections does not comport with thetalentsthat belong to that family of scarcely conceive how they could have done otherwise or better, having people, nor with the education they possess, nor with their physical there ponsibilities of family and state thrown upon them without any ability and industry, their capacity for labor, and their fidelity to the knowledge gained by experience of the duties that they were to per trusts which are reposed in them. form to society and to the State. I speak of this matter more with the You may go to the great city of New York and look in vain for a cab feeling of one who despairs of furnishing an adequate remedy for an driver of the African family or a street-car driver. lf you find a negro .evil than I do in the sense of complaining of that race of men for their driver of a vehicle in the city of New York, he is mounted upon some inefficiency in personal government or as a factor in the poli~cal gov private carriage with a pompon upon his hat and a uniform about him -ernment of the country. to indicate the servility of the man and the fact that he is simply a body Still they have improved in book knowledge, many of them. How servant. Howisit in the streets of Washington? Which oftheserail much it has improved their morality, how much it has improved their road companies dares to intrust the driving of a car upon your public usefulness to ociety I hardlydare to contemplate; for, not among our streets in the hands of a negro? Not one. Why? Not becau e South _people o much but in other sections of the United States, the North ern people are here to be offended with such things, for we are not, but -ern and Northwestern States and in the District of Columbia, it ap it is because the jealousy between the white race a.nd the black in this _pears that that cla of men have become the leaders in all the worst District is so powerful that the railroad companies do not dare to giYe a pha e of crimes that are being committed. I would not dare t.o re negro employment in these public positions here. count in the enate Chamber, indeed, I could not with propriety recite Mr. BLAIR. They go in the more dignified capacity of passengers. in the presence of this assemblage, that which the men of that race who Mr. MO;RGAN. They do, and they do it with my hearty consent, have had fifteen years to recover their manhood, if they lost it during and I ride by them with more ease and freedom than the Senator from :Slavery, are doing in the way of desperate crime. Many of them seem New Hampshire does, for I have been raised among them and I have to have lost all idea of self-government and self-control, and they do learned to know that they are good people in their hearts in the main; not hesitate to assault society in its most delicate relation , and to de theyhavegoodinstincts; theyarepoliteandkind; theyaregood-he.. a person with-whom they and their daughters can associate upon the was in their way as a politician, but because they knew I had a voice terms of intimacy which belong to the family relation. We can not to speak and the manhood to utter my sentiments and to proclaim the break that sentiment down if we cho e to do it. We are not strong wrong that they inflicted upon our people. enough to do it and never will be. Sir, I am not singular in this, but hundreds, yes, thousands of peo I am not disi>o ed to fly in the face of the decrees of Providence or to ple in my State have suffered he same things. But still they have not try to remedy them by Congressional acts. For my part I would been aroused like the people of Cincinnati, because of the failure of rather give this people an opportlmityto go to a land whetethey would justice, to burn court-houses and destroy militia and in turn to get be recognized not merely as equals but as superiors of their own race, themselves destroyed by :fifties. No, sir; that conservative feeling of and where the bounteous provisions of Almighty God, which he seems which I have spoken, that self-reliance, that moral courage which looks to have put under the seals of his providence for centuries past, which to the end for the reward and is not afraid to march over the interven sea115 are being now just broken, may be utilized by the negro in the ing ground to get justice and reap a harvest of right has sustained these ma.stery and conduct of those great powers of commerce and govern people. They have not faltered while the negroes were massed to ment which will not merely contribute to his wealth and to hisconse..: gether as a voting body, under the control of the worst men who could quence and improvement in the world, but which will enable him to be selected- from Northern society, I was about to say, but I will not draw that race to which he belongs up into a civilization of which he disgrace Northern society by supposing that they ever adually belonged and they and the world would be proud. to it or were recognized by it-and were used to work their plea.sure I am far from being satisfied that the negroes will avail themselves on our people. These rna es of men voted solidly always for the sup of such opportunities for growth as a race and for wealth as individ port of these outrages and wrong and robberies, and yet the people of uals. I would rather Congress would gi\e $50,000,000 to establish a Alabama have come up through great tribulation with a sound con- steam line between New York city, or Savannah, or Charleston, and titution, with low taxation, with prosperous chools, to which we de the mouth of the Congo River than to have you give to the people of vote 500 000 a year and more. Out of a taxing power of 1,500 000 a Alabama 100,000,000 to induce them to relax their efforts for the ed year we give one-third of it to the education of the people, and the ucation of the communities by which they are surrounded and will be poll-tax which is levied in our State is levied upon the negroes and the hereafter. whites but all the poll-tax goes to the education fund. It is not for me to try to solve this great que tion. It is enough for me Under circumstances of this sort I must be excu ed if I inform the to say and to argue before the Senate of the United States that the ex Senate and the country that my State is calumniated by :figures which pectations which Senators found upon the passage of this mea.sure are are brought in by the Senator from New Hampshire; and while I have totally mistaken. The fruits that they expect to gather from the ex no personal resentment about it, I do deny ita a fact of history. I de • penditure of 105,000,000 in the education of the negroes will turn to nounce it as being unjust to a great and a good people. ashes upon their lip and will be a ource of extreme mortification and I observed on yesterday, about the time I w-as clo ing my remarks, disappointment to the negroe themselves. I do not propose to colonize that the Senator from South Carolina [Mr. BuTLER] brought in an them in the Indian Territory or in Mexico or in Africa, but I do pro amendment to the bill, which he intimated he would press, in which pose to let it be understood that the negroes of this country ought to he provides that the money to be expended under this bill shall be exert themselves to utilize the advantages which they have, and if they raised by a capitation-tax. :find around them a barrier which is impernous to their efforts in the Mr. BUTLER. A direct tax. society where they are placed, let them, with that pirit of enterprise M:r. 1\IORGA.....~. A direct tax. that ought to characterize men of ability, harness themselves for the :Mr. EDUUNDS. That is a capitation-tax. great work of reaching out to a land where they can have importance l\Ir. :MORGA.....~. A capitation-tax is a direct tax, but there may be and consequence, and where they can do good to them elves and to their direct taxes that are not capitation-taxes. I say it with all due defer fellow-men. ence to the greater wisdom of the Senator from Vermont. I will take Alabama has been held up before theSenateofthe United States ~s one it, however, as a capitation-tax for the purpo e of illustrating a point of the States which has a very large percentage of illiteracy. The Sen that occurs to my mind in connection with the Senator's amendment. ator from New Hampshire has prepared and laid before the Senate num Here we are providing for ' the general welfare,'' as is alleged, and in bers of tables which are extracted from different official reports, some order to make ample provision for it, wanting to rai..,e 105,000,000, I_ from the census reports and some from other quarters, in which there will suppo e that we put on a capitation-tax which would be equal now is portrayed a percentage of illiteracy to be found in the different States to about 2 per capita upon all the people of the United States in the Qf the Union of people of the different educational ages. I hope the States, and that we et it apart in this bill for the purpo e of educating Senatorwillnotbe shocked ifi should undertake to state upon my per the illiterate people, mainly the negroes, in the State of Alabama. sonal knowledge and observations that it is not true in respect of the The constitution of the State of Alabama provides that a capitation people of" Alabama that every fourth man or every fourth child that is tax or a poll-tax, a it is called, may be levied there not to exceed a dol above the age of 10 years is unable to read or write. Census reporters lar and a half per capita. This capitation-tax in Alabama can only be gatherers of educational statistics, or any other set of men inquisitive lened for the purpose of maintaining the public chools. The fund thus about the affairs of the people of Alabama may present their views. of deri\ed can not be diverted to any other purpose whatsoever. That is a this question in such light as may suit them; but I know (and when constitutional provi. cases, and the power of the State falls. They can not be exercised in de~rkation drawn between the power of the United States in a given partneTShip or in common. area of territory to do a certain thing and the power of the State to do Mr. HOAR. Mr. President- it. Either might do it in the absence of the other, but when the pow The PRESIDING OFFICER (Ur. PLATT in the chair). Will the ers came together they could not be consorted, they could not be formed Senator from Alabama yield to the Senator from :Massachusetts? into a joint or united power, but the supremacy of the United States Mr. MORGAN. Yes, sir. would necessarily expel the inferior sovereignty from the ground when Mr. HOAR. I am not now dealing with the constitutional question ever it chose to do so. of the rightfulness of this exertion of authority, but I was interested Hence I assert again as my convjction that if a poll-tax is levied for in the Senator's statement of the impossibilityofthejointtaxation. I the purpose of educating the people of Alabama in the common schools do not speak now of its differing in constitutional sanction, but does it of that State by the Congress of the United States, and a poll-tax is differ in fact between the ordinary ca e of a State and a township? levied by the State of Alabama for the same purpose and upon the The township in my State raises its taxes for certain purposes, it may same people, and the United States poll-tax is 5 while the constitu be for the support of common schools, and there may be a State tax tional poll-tax in Alabama is a dollar and a half, when the United levied upon the same people, levied among the towns for the same ob States exercises its . authority to provide money through a capitation ject if the State choo es to make an additional grant from the State to tax for the education of the people in the State of Alabama in their that raised by the towns. Now, snppo ing it were within the consti common schools, that State conld ne•er after that collect its own tax. tutional power of the State, what is the difficnlty in the United States The United States would usurp the power; its supremacy would estab and the State doing the same thing? lish the $5 poll-tax, if it was constitutional, as being the tax to which Mr. MORGAN. The difficulty is in the mind of the Senator from the people of Alabama must yield and which they must pay. Massachusetts, who does not appreciate the distiilction between a Massa Hence I argue, and I think I do it rightfully, that the Government chusetts town and the State. There is the difficulty. A State of the of the United State can not levy a poll-tax in the State of Alabama for American Union has never been likened in my recollection of affairs, the purposes of education; neither can they levy it in the State of Uas to a township. sachusetts; and more particularly do I argue that the people of Massa Mr. HOAR. If my friend will pardon me, I put my question in en- chusetts who are to be taxed, not according to their property, but ac tire- . cording to their numbers, can not be by the Congress of the United Mr. MORGAN. Good faith. States made liable to a capitation-tax to educate the people of a richer Mr. HOAR. Respect for the Senator's argument. community who may have- no such numbers. I will take the people of Mr. MORGAN. I know. Colorado, who are very rich in mines and in their land-holdings and in Mr. HOAR. Because I am exceedingly interested, as I have often their new properties of -....arious descriptions in comparison with their been, in his legal distinctions. . numbers. I will also take the people of the State of New York, who Mr. MORGAN. But the Senator from Massachusetts brings up a are very rich; but the New York people amount to 5, 000,000 and mme, supposed analogy between a Massachusetts town and the State. while the people of Colorado, I believe, amount to not quite 200,000. Mr. HOAR. If the Senator will pardon me, if I am not trespassing You lery a capitation-tax on New :York of a dollar, and you raise upon his courtesy too much-- $5,000,000 or more in New York by capitation-tax. When you come Mr. MORGAN. Not at all. to distribute it under your bill and you select illiteracy a the basis of Mr. HOAR. I understood the Senator to say in speaking as to distribution and count the Indians in, if you want to, or you may select whether the United States Constitution had given us a certain power or population as the basis of distribution, or any basis you please under the not, that the two powers were incapable of concirrrent exertion by dif general-welfare clause as interpreted by Senators on this floor-when ferent authorities; that it could not be as a matter of possibility that you come to distribute the 5, 000,000 you have taxed out of the people there should be one lawful power, the State, and another lawful power, of New York in the State of Colorado upon any basis that you choo e the United States, imposing for the same purpose upon the same peo to select you destroy the uniformity of taxation and rob a poorer .people ple a tax of the same character. I ask in reply, are there not very com to enrich a wealthier community. A pre entation of the absurdity of mon instances of just that thing in States and towns, not that the State that proposition as it addresses itself to our sense of justice and of right does not differ from the United States, not that the town does not differ would be enough, it seems to me, to convince any man at least of the from the State, but that the aetual and practical thing is concurrently doubtfulness of our constitutional power to inflict such an act as that done by two bodies entirely different. If that be true, why can it not upon the country. . be done? Suppose, in other words, there were written expressly in the Whether we resort to the public land sales, whether we resort to United States Constitution what some of the Senators on theotherside money taxed out of the people under the tariff or under the excise laws, of the Chamber imply there: "The United States shall ha-ve the author or whether we shall resort to a direct tax, a capitation-tax, there is no ity to assess a capitation-tax for the sake of aiding popular education view of this case in which it can be justified, in my opinion, that Con in the States;'' is it not entirely possible that the United States and the "gress shall step outside of the boundaries of its jurisdiction, as defined States could both exercise that power if that were there? in the great body and vQ).ume of the Constitution of the United States, Mr. MORGAN. The Senator from Massachusetts might have put a to" raise money for purposes none of which are referred to in the body very much stronger case to me than the one he has, because there is of that instrument. The recitals of that instrument are as dumb as really no analogy between the relation of States to the Federal Gov Egyptian history in respect of education or any of the other benevo ernment and the relation of towns in 1\.fassachusetts to the St'tte gov lences that we are trying to execute through the enlargement of the ernment. The towns in :Massachusetts have not sovereignty in any general-welfare clause in our Constitution. sense of the word. The-States have sovereignty in many senses, and I Will devote a very few moments to the consideration of the items where in virtue of their sovereignty they have concurrent powers with of this bill for the purpose of showing that Senators on this side of the the Federal Government, as I confess they have in many cases, the two Chamber are mistaken when they uppose that the bill does not inter powers, operating through their respective agencies, are supplied and fere with the disposal of these funds after they shall have reached the supported from their respective treasuries in doing a particular work, State. I will take this pro-nsion first: I will say. The position that I took was that there could not be any SEC. 12. That any State in which the number of persons 10 years of age and partnership between them, but that in that case it belonged to the upward who can not write is not over 5 per cent. of the whole population there United States Government, in consequence of its suprema 2638 CONGRESSIONAL RECORD-SENATE. APRIL 5, upon the terms and conditions prescribed in the act. Senators are mis of the Senate of the United States to answer how she has dispo ed of taken when they conceive that the power of disposal of the money is money, come from what source it may, in the discharge of a duty which not retained in the hands of Congress. she owes to her own citizenship. I would as soon have suspected my Mr. BLAIR. Mr. President-- own mother of infidelity to the claim of her children upon her nat The PRESIDING OFFICER. Will theSenatorfromAlabamayield ural affections as to suspect the State of Alabama in the admini tra to the Senator from New Hampshire? tion of any fund left in her charge for the benefit of her people. No, :Mr. MORGAN. Yes, sir. sir; her record is immaculate, and the only stain upon the hi tory of l\fr. BLAIR. I only wish to call the Senator's attention to the fhct Alabama that Almighty God has ever allowed torestuponher cutch that the limitation to the general purpo e applies to all the States. eon is that which has been planted by negro suffrage, placed by the gen The section which he has read gives to the State which has not an ex tlemen in this Chamber on the other ide in the hands of the agents of cess of 5 per cent. of the w}:10le population thereof ''the right to receive this Government to go there and pollute and corrupt the fonntn.ins of its allotment and to apply the same for the promotion of common schools justice and the whole record of the history of that State. Beside that and industrial education, or the education of teachers therein, in such her record is immaculate, hei honor is untarnished, her fame is above way as the Legislature of such State shall provide.'' You will observe reproach. When your ships lay barricading the ports of l\fobile and of that the purpose is the same. all the South and navies floated there to guard the exit and the en I wish to suggest to the Senator that the idea is not (at least it was trance to our ports, the State of Alabama, w bile she did not have money not in the minds of the committee) that the States to which the smaller to buy quinine for her sick or spinning-wheels for her women to m:1.ke apportionment is made do not really need and ought not to expend the thread to weave cloth upon their looms for their children, and while money. It is to be assumed that if they need it they would rai e it the blistering sands of the fields -were burning the naked feet of the themselves. The necessities of education exist in all the States to a women who followed the plow through the furrows to make corn for much lru:ger extent than the provision to supply those necessities is the oldiers, for husband, and for children distant in the war, Alabama made. There is no State in the Union (at least that is my own per collected gold out of her people, and she ran the blockade with it, and sonal view in regard to it) that comes nearly up to really a proper she paid the interest on her public debt punctually in London during standard of its duty with reference to the education of its children, not the wholeperiodofthewar. No State of the American Union orin the Massachusetts herself even. There is no State that can put on any universe ever before exhibited a more honest and conscientiou regard special airs of complacency over its well-doing in this regard compara for duty than that State has done. God knows I rejoice in her fame. tively or absolutely. I wish to say, as long as I am permitted to in After our property had been destroyed, our homes deva tated, our men. terrupt the Senator, that there is no special occasion for any person in buried, and our women and children in orphanage turned off for self this country to claim that it is tendering a charity or doing a benevo support in the best way that they could, you impo ed the negro ballot. lence toward any other section of this Union, nor on the part of any upon us, and now you claim that the negro can not read his ballot~ portion of the country to place itself in the attitude of a receiver of For :fifteen years he has been voting a ballot that he could not read. benefits or favors from the Government at large. He has been voting always with your party; he votes with it yet. Do· Mr. MORGAN. I do not complain of the discrimination that is you propose to dismiss him from your party by teaching him how to. made in the bill for economic rea ons or because of any supposed injus read his ballot, or do you propose to trengthen the hold of your party tice that might result to my State or any other State, but I call atten upon him by teaching him how to read the ballot? Your hold upon. tion to the tact that Congress in this enactment claims the power, the him is perfect, unrelaxing, permanent, unavoidable, and we know it. right, to discriminate, to put duties and conditions upon one State that We submit to it. Onlyoursuperior intelligence, only the fact that we it does not upon another, and the more important fact thus clearly dis belong to a governing race of men to which you also belong prevents. closed that the bill in terms conCE>.des to Congress the power to control us from crouching beneath this consolidated power and having it to. the expenditure after the money has reached the States. rule over us to the crushing out and ruin of every interest, social, moral, When we endowed the agricultural colleges in 1862 the fund was given political, and material, that we possess. Sir, our fame is untarnished, entirely into the hand of the States for their management. Wby has our credit good at home and abroad. It is true that we have now a.. not that been done in this bill? How much character have the States ten-million debt, six millions of which were put upon us by carpet of the South lost in the administration of the educational fund applied bag rule since the war. to agricultural colleges? Have we not done our duty? Have we not It has often occurred to my mind during this debate thn.t inasmuch1 built up flourishing institutions upon those funds? Have we not hon as the general welfare-according to the contemplation. of some Sena estly administered the fund in every particular? Have not the scholars tors-allows the Congress of the United States to search about through who have come from those institutions been men who have served the all our domain for objects of bounty and beneficence, why it has never country well in various capacities? I know some of them now from occurred to them that they should assume the State debts caused by the agricultural college in my State who are here in this city serving carpet-bag rule, .and pay the interest, upon condition that we would the Government of the United States even with distinction. A young vote a similar sum to the education of the negroes, thereby vindicating man who attended the expedition in the · earch for Greely, the young themselves among the people who will read our history by trying to sergeant who stepped from the deck of that ship and after having done rectify the evil which they planted upon us in the shape of that enor his work put up his photographic instruments and took a photograph mous debt, and at the same time giving us the command of our re of the ship as she sank through the ice, was a graduate of the agricult sourcesin order that we may have a better opportunity to extricate our uralcollegeatAuburn,Ala., whocamehereandjoinedtheSignalService, selves. and was assigned to duty upon one of those ships. The State of Ala Sir, can Congress assume these debts of these States? If not, why bam.'l. has had her way with that fund, and she has managed it discreetly not, under the blanket-clause construction of the Constitution? Wby and well, notwithstanding the honorable Senator from Ohio [Mr. SHER can not Congress recognize the fact that this debt has been piled up upon MAN], who I regret is not in ·his seat, thought that Alabama and her the Southern States in fraud of their rights and in fraud of justice? If sister Southern States would not do to trust in the administration of it can educate the negroes because they can not read the ballot, why this fund. There stands the record in respect to the agricultural col can it not provide for this other great calamity of public debt which has. leges to disabuse his apprehensions as well as to refute his insinuations been put upon us by the negroes because they could not read the bal and to relieve us from their weight. lots and because somebody else did the writing and consequentlyvoted I do not care whether that Senator has a good opinion of us or not. the ballot for them? Open the door as it is intended to be opened in I will say nothing that might be offensive in his absence, but perhaps it this bill, and when we have got strength enough and skill enough and , would not be unkind in me to say that the people of Alabama thoroughly are uffi.ciently wanting in patriotism to consolidate ourselves with the· reciprocate the exhibition of feeling that he made towards t_he States of balance-of-power party we can elect Presidents of the United States the South on this floor. They remember that he has said upon the floor of among Northern selections for the purpose of having these debts assumed the Senate that anything was justifiable in morals and in law that will and paid. But, sir, we will never engage in this wrong. I abdicate break down the Democratic party and build up the Republican party. that authority and that power, so far as I am concerned, on behalf or After that declaration from so eminent a man we are not chagrined that the State of Alabama. I lay down all expectation of that kind, because· he appears to have a bad opinion of us in any respect. I appeal to the I have an honest, sincere, and, I trust, a manly and proper regard for· record of the agricultural colleges to show that if the Congress of the the people of the United States and the Constitution handed down to· United States intends to make a donation of money out of the Treasury us by our fathers. I love it and I respect it and the men who ordained· to the Southern States for the assistance of the education of the negro, it. I revere all the grand principles embodied in it, and am proud oi there is no reason in the history of the past to doubt that we shall make the beautiful and magnificent history which clusters about its progress , an honest, faithful, wise, and just disposition of the money. in the civilization of this whole world; and, sir, I also revere it and I This discrimination, I repeat, I do not complain of, because it may obey it because I have sworn to do so, and I must know in support oi intimate that some of the States which have a large illiteracy must it that I am not doing a doubtful thing, but that I am doing by my vote· still be kept in check-lines in their management of this fund under the that which I am authorized to do, or else the Senate must excuse me guidance of Congress. What I complain of is the exercise of the power from taking that step. by Congress in this bill to follow that fund after it has been donated I can not, Mr. President, get my consent to vote for this bill, because and the power to call the States to the bar of the Senate, year after year, I honestly and sincerely believe that in doing o I should step outside upon their reports for the judgment of this body and the other House the authority which I possess as a Senator from Alabama and I should upon their conduct. violate my conscience. I do not wish to see the proud State of Alabama arraigned at the bar Mr. RANSOM. :Mr. President, I would not interrupt the speech ot:· 1884. CONGRESSIONAL RECORD-SENATE. tbe Senator from Alabama when he made ome aJlu~ion to North Caro- my vote and announce my pair with the Senat.or from West Virginia. tina, and I now ask the attention of the Senator from.Alabamatowhat [Mr. C.AMDE...·~J If he were present, I should vote "yea." I with- I shall say. draw my vote. The Senator from .Alabama paid agrand tribute to the State of North l\Ir. BUTLER. Before the result is announced I think perhaps I Carolina, but in the conclusion of that tribute he thought proper to say, had better recall my announcement as to the pair of my colleague [Mr. as I understood him, that" if her voice could be truly uttered upon the H.AMPTO~] with the Senator from Rhode Island [:Mr. ANTHONY], for· floor of the Senate, certain things would or would not occur." I think very likely from what I have heard since that they would vote I regret, 1..U.·. Presiderflt;, to have to ask the Senator from Alabama if together on this propo ition, and perhaps it would be safer to pair my he contemplated by that expression that the voice of the State of North · coll~oue with my elf. I therefore withdraw my vote and announce Carolina was not truly uttered upon the floor of the Senate by my elf? my pair with him, simply stating that I should vote ''yea'' and he· Mr. MORGAN. Well, Mr. President, I can say about that that the would vote ''nay.'' I think it quite likely from what I understood. idea never occurred to me, until the enator from North Carolina sug- that the Senator from Rhode Island would vote ''nay '' also. gestM it, that there could be any want of fidelity on the part of her The result was announced-yeas 10, nays 35; as follows: Ben a tors in uttering what they believe to be not only the voice of North YEAS-IO. Carolina, but what they believe to be for the best interests of that Beck, Hale, ~!organ, Vest. State and all the States. I was peaking aboutthevoiee of North Car Cockrell, ~arri, Plumb, olina of 1776, as uttered in her constitution, and I repeat that I think Groome, ~!axey, Saulsbury, a true utterance of that voice as it was then intended would forbid the N .A Ys--,'35. Congress of the United States from assuming j nrisdiction over the schools Aldrich, Dawes, Jack on, Pike, of North Carolina. That is my opinion at leas~. Of course, I did not Allison, Dolph, Jonas, Pugh, Blair, Edmunds, Kenna, Ransom, intend, and never thought of attributing to the Senators from North Brown, Garland, Lapham, Vance, Carolina, or either of the Senators, any want of fidelity in their view or Call, George, Logan, Voorhees, any want of independence in their construction of theirdutyin this body. Cameron of Wis., Gorman, 1\IcMillan, Walker, Colquitt, Harrison, Manderson, Williams, Mr. RANSO~I. 1\lr. President, I hoped that the Senator from .Ala Conger, · Hill, l'\liller of Cal., Wilson. bama could not so have intended, and I know now that he did not so Cullom, Hoar, 1\Iorrill, intend ; and I thank him, not only for the noble expression he used in .A.BSE~ ~T-31. reference to my State, but I also thank him for the prompt way in Anthony, Farley, Lamar. Riddleberger, which he has removed the impression which I had, and when he reads Bayard, Frye, ~fcPhei:son, Sabin, his remarks he will see that he would have had, upon his statement Bowen, Gibson, l\Iahone, Sawyer, in reference to North Carolina to which I have alluded. Butler, Hampton, 1\Iiller of N. Y., Sewell, Camden, Hawley, l\litchell, Sherman, The PRESIDING OFFICER (l\Ir. PLATT in the chair). The ques Cameron ofPa. . , Ingalls, Palmer, Slater, tion is on the motion of the Senator from Kan!:ias [Mr. PLuMB] tore Coke, Jones of Florida, Pendleton, VanWyck. commit the bill to the Committee on Education and Labor. Fair, Jones of Nevada, Platt, Mr. BLAIR. I do not know of any advantage there could possibly So the motion to recommit was not agreed t.o. result from recommitting the bill to the committee. It is evident from The PRESIDENT pro tempore. The question recurs on the amend- the divergence of opinion here in the Senate that we shall not be able ment of the Senator from Indiana [Mr. HARRISON], which will beread. t.o cope with it in committee at all. The CHIEF CLERK. The propo ed amendment is in section 8 t.o strike Mr. VEST. I ask for the yeas and nays on the pending motion. out all after the word ''provided,'' in line 6, and insert in lien thereor The years and nays were ordered, and the Secretary proceeded t.o the following: call the rolL That no greater part of the money appropriated under this act shall be paid Mr. HOAR. I ask unanimous consent to interrupt the roll-call t.o out to any State or Territory in any one year than the sum expended out of its make a statement. I was authorized by the Senator from Kansa [Mr. own revenues in the preceding year for the maintenance of common schools, . PLUMB], now absent from his seat, t.o withdraw this motion to recom not including the sums expended in the. erection of school buildings. mit-- Mr. HARRISON. It would be best perhaps that I should-ask con Mr. VEST. The-motion was made by the Senat.or from Kansas. sent to withdraw that amendment. It embodies a proposition which. Mr. HOAR. He authorized me to withdraw it in order that the is found also in the amendment I submitted later. question might be taken first on the amendments. The PRESIDENT pro tempore. The Senat.or from Indian a is enti The PRESIDING OFFICER. The roll-call can not be suspended tled to withdraw it, the yeas and nays not having been ordered and it. except by unanimous consent of the Senate. · ' not having been amended. Mr. VEST. Let us take the vote. Mr. HARRISON. Then I do withdraw the amendment, and ask The PRESIDING OFFICER. Objection is made. leave t.o submit in their order the amendments which I have propose :ment proposed by the Senator from Massac.husetts in the last print will That is all I have to say in reference to it, except that I made a prop now be read. osition in the , enate some time since in which I asked an appropriation The CHIEF CLERK. In section 1, line 3: it is propo ed to strike out of $60,000,000. That, of course, could not be considered by the com ;the word '-'ten" and insert in lieu thereof the word ''eight;" so as to mittee ha.ving charge of this bill. Then I offered another proposition ;read: at this session of Congress asking that $50,000,000 be appropriated. That for eight years next after the passage of this act, &c. I do not wish to detain the Senate. I have examined the question Mr. HOAR. If there be no objedion, that and the next amendment omewhat, of course not so thoroughly as the Committee on Education ·may be put as one question, as they run together. and Labor. I haYe examined it sufficiently to satisfy myself that an The PRESIDENT pro ternpO're. The Senator from Massachusetts asks appropriation less than is included in the amendment I have offered ,unanimous consent that his next amendment be read and considered will be of some benefit, of course, but not sufficient to carry out the .and that the question be taken on his two amendmentB together. Is object intended by the bill. there objection? The Chair hears none. The next amendment will Mr. WILLIAMS. I understand the Senator's a:;.nendmcnt does not •be read. change the basis of distribution. • The CHIEF CLERK. In section 1, line 5, after the words "to wit," Mr. LOGAN. Not at all. it is proposed to strike out all down to and including the words ' 'shall ~!J:. WILLIAMS. But that it increases the amount. -cease,' 1 in line 11, and to insert in lieu thereof the following: Mr. LOGAN. I propose instead of commencing at $15,000,000 and The first year the sum of $7,000,000, the second year the sum of $10,000,000, the running down, to commence and run up half the time, and then go on ·third year the sum of 15,000,000, the fourth year the sum of 13,000,000, the fifth the down scale the rest of the time until it ceases at $6,000,000, with year the sum of$11,000,000, the sixth year the sum of$9,000,000,theseventh year an a.ppropriation which I believe will accomplish something, running ;the sum of$7,000,000, the eighth year the sum of$5,000,000. it up to 20,000,000 and then down the scale to $6~000,000. I think The PRESIDENT p1·o ten1pore. The question is on agreeing to these that is a good basis, because I think if anything is to be accomplished ·two amendments. it will be by appropriating sufficient to secure some good. That is all Mr. LOGA}l. I do notdesire to interfere with any arrangement that I de ire to say. 'is made, but I call the attention of the Senate to the fact that prior Mr. MORGAN. How much is the aggregate? ·to any amendment of this character being offered and submitted I of ~!J:. LOGAN. One hundred and thirty-six million five hundred fered anamendment and had it printed. Ithinkat leastthattheprop thousand dollars is the whole aggregate in my amendment for the ten ·OSition I offered has precedence over this amendment. years. Mr. HOAR. I make no question about that. If the Senator prefers Mr. BLAIR. Let the amendment be read. ·to have his amendment \Oted on first I ·ha\e no objection, though his The PRESIDING OFFICER {1\'Ir. GARLAXD in the chair). The -would be in order as an amendment to mine. amendment of the Senator from lllinois [.Mr. LOGAN] will be again ~1r. LOGAN. I understand that, but I would rather yours should read. 'be in order as an amendment to mine, inasmuch as mine was offered The Chief Clerk read the amendment of ~!J:. LoGAN . .first. I have no disposition to interfere with anything, but I offered Mr. BLAIR. I only wish to say that so far as I am personally con the amendment in good faith. cerned I believe that the views expre& ed by the Senator from Illinois. Mr. HOAR. Let the Senator's amendment be read for information. are COlTect. I would be glad to see the bill amended in the manner The PRESIDENT pro tempm·e. The Chair by the rules is obliged indicated in his proposition. I have thought that, although the effi to recognize Senators as they rise and address the Chair, and the Sen ciency and the benefit to be derived under the bill would be ]a,rgely .ator from Massachusetts, having addressed the Chair, was recognized increased if the sum were raised in the manner indicated; nevertheless .and made his motion to amend. The Chair has no authority to lay perhaps, in the existing sentiment of this body, it might be less prob .amendments before the Senate of which notice merely bas been given, able that we bould succeed in the ultimate passage of the bill if this "'because Senators giving notice often change their minds. The Chair amendment were adopted than if it were rejected. If I fail to vote for ·was obliged to recognize the Senator from Massachusetts, who offered this amendment, it is only for the reason that I think it may possibly :his amendment. endanger the final result. The amendment in my judgment is in the Mr. LOGAN. I am not complaining of the Chair having recognized right direction. ·the Senator from Massachusetts. I rose when the Senator had the floor ~Ir. HALE. What is the aggregate? .and gave way to him as a matter of course; but I offered this amend Mr. BLAIR. The aggregate under this amendment in ten years ment to the bill some time ago; it was printed, and I only now ask, would be $136,500,000. By the bill itself ,during the same time it this amendment being in order and having been offered first, that it would be $105,000,000. shall be voted on first. M:r. HALE. About-$31,000,000 more? Mr. HOAR. I will waive any question about that. I have no Mr. BLAIR. Yes. -choice, and therefore, as the Senator from Illinois has a choice, let him The PRESIDENT pro tempore. The q1J,estion is on the amendment :make it. of the Senator from Illinois [Mr. LOGAN]. Mr. LOGAN. I do have a choice. Mr. PLUMB. I should like t.o ask the Senator from New Hampshire, Mr. HOAR. I withdraw my amendment. as he has ·orne doubt about the effect the amendment would have Mr. VOORHEES. May I inquire of the Senator from lllinois and on the hill, if he does not think double the amount would make the likewise the Senator from MassachusettB whether the amendments are bill that much stronger-stronger in the ratio of the amount proposed .exactly the same? to be appropriated. I suggest whether the Senator from illinois would Mr. LOG A...l'\. No, sir; they are not. The amendment of the Senator not accommodate the rising feeling of the Senate on that subject by .from Mass• .'tchusetts is of the same character as the amendment I of simply putting in a much larger sum, and thereby making the measure fered. It is almost a literal copy of it, except that the sums are dif more attractive. ferent. Mr. BLAIR. · I admit that by increasing the amount of the appro Mr. VOORHEES. Let the amendment be reported. priation, its faithful application being understood in the one ca e as The PRESIDENT pro ternpo-re. The Senator from Illinois [Mr. well a in the other, the benefit would be increased; but I think I have LOGAN] offers an amendment, which will be read. · a wholesome consideration for the necessities that may yet arise in The CHIEF CLERK. It is proposed to strike out section 1 and insert looking after the other wants of the country, and wish to save money in lieu thereof: for those purposes. That for ten years next a.fter the passage of this act there shall be annually The PRESIDENT pro tempore. The question is on the amendment :appropriated, from the money in the Treasury not otherwise appropriated, the of the Senator from Illinois. following sums, to wit: The first year, the sum of $.15,000,000; the second year, the sum of17,500,000; the third year, the sum of$20,000,000; the fourth year, the lvir. LOGAN. Let us have tbe yeas -and nays. csum of $18,000,000; the fifth year, the sum of $16,000,000; the sixth year, the sum The yeas and nays were ordered, and the Secretary proceeded to call -of$14,000,000; the seventh year, the sum of$12,000,000; the eighth year, the sum the roll. of $10,000,000; the ninth year, the sum of $8,000,000; the tenth year, the sum of -$6,000,000, ten annual appropriations in all, when appropriations under this act Mr. FRYE {when his name was called). I was paired with the Sen ·shall cease; which several sums shall be expended to secure the benefits of ator fmm Ohio [Mr. PENDLETON]. I have transferred that pair to the .common-school education t-o all the children of t.he school age mentioned here Senator from Pennsylvania [Mr. MITCHELL], and I will \Ote "nay." after living in the United States. The roll-call was concluded. Mr. LOGAN. I do not desire.to discuss this amendment at any Mr. JONES, of Florida. I am paired with the Senator from Texas length, but merely to call the attention of the Senate to the proposition [:Mr. CoKE]. If he were here, I should vote ''nay." contained in it. Mr. MAXEY. My colleague [M:r. CoKE] would vote "nay" also. According to the statistics which we have there are about $80,000,000 Mr. CAMERON, of Wisconsin. The Senator from Delaware [Mr. -expended per-annum in the United States for common schools. If this B.A. YARD] has been paired with the Senator from New York [Mr. MIL bill is to be of any benefit whatever to this country and the bill is right LER]. in principle and the manner in whieh it is framed, we ought at least, if Mr. GEORGE. My colleague [Mr. LAMAR] is paired with the Sen we appropriate money at all, to appropriate enough to do some good1 ator from New Jersey [M:r. McPHERSON]. .and less than the amount appropriated in this bill will be, in my judg Mr. PLUMB. I wish to state that my colleague (Mr. INGALLBj is ment, of but very little advantage to the country. detained from the Chamber by illness. 1884. CONGRESSIONAL RECORD-SENATE. 2641 The result w.as announced-yeas 2, nays 47; as follows: impoverished portions of the country, where they are not able to do it. If we propose to do anything to aid and assist these people in educating YEAS-2. themselves, let us do it in the right way: provide first that they may Brown, Logan. have an opportunity of being educated, and then if yon apply the fund NAYB--47. for the purpose of hiring teachers to educate them, this fund, according Aldrich Edmunds.. Jackson, Plumb, to the way it would be used under this bill, would be devoted to hiring Allison,' Farley, Jonas, Pugh, Beck, Frye, Kenna, Ransom, teachers to educate the children; but who would build the school Butler, Garland, La.pham, Saulsbury' houses in which they should be educated? Ca.ll, George, McMilla.n, Sawyer, I suppose it may be said they can do as was done in old times, one Camden, Gorman, Manderson, Vance, Cameron of Wis., Groome, :Maxey, Vest, take an ax, another a pick, another a spade, and cut down the trees and Colquitt, Hale, Miller of Cat, Voorhees, hew the logs and put up the house themselves; but who is going to do. Conger, Harris, Morgan, Walker, that? They may do it or they may not do it, and a people who are of Cullom, Harrison, Morrill, Williams, Dawes, Hill Pike, Wilson. a rather shiftless character, a people who have been situated as these Dolph, Hoa.~, Platt, poor people have been, must have somebody to direct them in the proper ABSENT-27. way. Many of them are intelligent. Probably you will find il) all Anthony, Fair, Lamar, Riddleberger, neighborhoods some who are intelligent enough, but a provision like Bayard, Gibson, McPherson, Sabin, this will give them encouragement, and allow them to build houses fqr Blair, Hampton, Mahone, Sewell, the purpose of having schools for the education of their children, and if Bowen, Hawley, Miller of N. Y. , Sherman, Cameron ofPa., Ingalls, - Mitchell, Slater , you aid them in doing it you will accomplish much more in my judg Cockrell, Jones of Florida, Palmer, VanWyck. ment than by scattering the money without affording them any facilities Coke, Jones of Nevada, Pendleton, whatever by which they shall have an opportunity to be educated other So the amendment was rejected. than merely employing teachers. Mr. LOGAN. I rise now to offer another amendment to the bill. I Mr. GEORGE. !should like to say one word in regard to the amend move to add the following as an additional section: - ment of the Senator from illinois. The vote in favor of the amendment SEc. -. That there shall be appropriated and set apart the sum of $2,000,000, which has just been acted on seems to me to indicate that all who so vote which shall be allotted to the several States and Territories on the same basis as are opposed to appropriating that much money. I voted against it simply the moneys appropriated in the first section, which shall be known as the com on the ground that I thought it would imperil the passage of the bill. mon-school fund, to be paid out annually to each State and Territory at the end of the year on proof of the expenditure made during such year, which shall be Mr. LOG AN. I will ask the Senator if it imperils the passage of the expended for the erection and construction of school-bon es for the u e and oc bill that 15,000,000 is appropriated the first year, would it not be bet cupation of the pupils attending the common schools in the sparsely populated ter to reduce the appropriation according to his theory, if he wants the districts thereof where the local communities shall be comparatively unable to bear the burdens of taxation. Such school-houses shall be built in accordance bill passed? I am oppo ed to the reduction of the amount, but the Sen with modern plans, which plans shall be furnished free on application to the Bu ators who desire the passage of this bill to secure a sufficient amount to reau of Education, in Washington: Provided. however, That not more than$100 educate these people, as they have indicated in their speeches, and who shall be paid from said fund toward the cost of any single school-house, nor more than one-half the cost thereof in any case; and the States and Territories shall voted against my amendment, will find before this is over that the result annually make full report of all expenditures from the school-house fund to the will be a very-large reduction, and you are only helping gentlemen who Secretary of the Interior as in case of other moneys received under the provis want to take all the money out of this bill by your votes. ions of this act. Mr. GEORGE. Let me &'ty that I do not think the Senator offered Mr. President, from the fate the other amendment met it is very the amendment with a view of defeating the bill at all. likely that this will meet the same; butinasmuchas !have not agreed Mr. LOGAN. No, sir; I offered it in the best of faith, for the rea to any proposition that I am compelled to vote for, I desire to call the son that I presented the first bill in the Sen.-'lote Chamber asking that attention of the Senate to this amendment which I offer, and which money raised by taxation be distributed for education, first taking the strikes me as being reasonable if this bill is to pass. whisky tax, afterward taking 50,000,000 of tax derived from internal We have now statistics and estimates showing that it will require revenue and from the sale of public lands. I have been in good faith about57,465 school-houses for the necessary uses of the children if this from the beginning and I am in good faith now, and I offer it because bill shall go into operation and the children of this country are to be I believe it will require that amount of money and mo1:e to accomplish educated. I propose an appropriation of $2,000,000 to assist in build that which you gentlemen propose in this bill ; and unless you appro ing school-houses in sparsely settled portions of the country; and that priate money sufficient to do it your law will be a failure. sum, according to the estimates, will build at least 20,000 school-houses. Mr. GEORGE. I rose merely to say that I did_not doubt the good Plans have been made for a very nice school-house, comfortable in all its faith of the Senator, and that I would have been in favor as an original departments: to cost from $200 to $250 apiece. In some places a school proposition of his amendment, but I supposed it would best secure the house that would besuitable for the neighborhood maybe built for 75 passage of the bill to vote against it. or $50, while in other plaees it might cost $100, and in others it might Mr. BUTLER. The amendment of the Senator from illinois is, I cost $200 or $250, according to these plans. believe, to appropriate 2,000,000 for school-houses. In my judgment there is not very much necessity of appropriating Mr. LOGAN. Yes, sir. • - money to educate children unless the children can have some place in Mr. BUTLER. In case that amendment prevails, I should like to which to be educated. The statement made the other day that they inquire to which government, State or Federal, the school-houses will go into dwelljng-housesand so on is not correct. That is not the way the belong when they are built? - - ~hildren will be educated so far as these common schools are concerned. Mr. LOGAN. That is very easily answered. They would belong to According to the distribution provided for in the bill if it passes the the State. This sum is only appropriated to aid in building the school money will be used by the States, and can be used where school-houses houses. I offered the amendment giving $100 where the house costs are already prepared to recei>e pupils without ever erecting l\nother 200, and $50 where it costs $100. This would grant aid from the Gov school-house in addition to those already erected. It does seem to me ernment. I do not know what may be in the bill when it ends in ref that if you want to provide for the education of illiterate people, a11d erence to the distribution of the fund; but my object ia that the money especially for the education pf the colored people, of the South you must shall be used for helping the people build school-houses 1n which they provide some accommodations to go along with it. themselves are to be educated. The first bill I introduced in Congress on the subject contained a pro - ·Mr. .:VOORHEES. Mr. President, I thought well of the former vision that none of the money should be used for the purpose of erect amendment offered by the Senator from illinois, and regretted voting ing school-honses, but I became satisfied afterward on examination and a~t it. I wish to distinctly understand the amendment now before reflection that I was in error in that particular, that a portion ef the the Senate. Of course the general fund appropriated by the bill can be money ought to be appropriated for the purpose of assisting in erecting devoted to any branch of the business of education. school-houses in neighborhoods where the people were poor. The an ' Mr. LOGAN. No, sir. • swer to that, I know, is that the States will provide for this. But you Mr. VOORHEES. I shall be glad to heartheSenatoron thatpt>int. must remember that each town-at least it is so in the North and I pre That was the object I had in rising. sume it will be so in the most of the Southern States-assesses a tax Mr. LOGAN. Do you mean the amendment! offered? commonly known and called t~e school-tax, other than the State tax, Mr. VOORHEES. I mean that the general appropriation made by for the purpose of supporting schools in that locality, where the peo the bill, amounting in the aggregate to $105,000,000, can be used in ple are so poor that they can not themselves pay a tax to build a school building school-houses. house and can not raise the money, as is frequently the case in many Mr. LOGAN. No, sir, not at all. It is expressly provided in the .counties where the population is nearly all composed of colored people. bill that no portion of the money shall be used for that purpose; and They will not be able to tax themselves to build school-houses and tax that is the reason I offer the amendment. themselves also in connection with this fund for the education of the Mr. VOORHEES. Then I shall vote for the amendment offered by children. Hence if you do not provide for building houses or for assist the Senator from illinois. ing the people in building the houses or giving them encouragement in Mr. WILLIAMS. I shall vote against this amendment, because it that direction, the money appropriated by this bill will be used in com has not been the practice nor is it the law in my judgment of any nmnities where houses are already erected, and where the people are State in this Union to tax the whole people of the State to build school more capable of raising taxes for this purpose than they are in the more houses in the districts. I know it is not so in my State. XV--=166 •' 2642 CONGltESSIONAL RECORD-SENATE. APRIL 5~ Mr. BLAIR. If th~ Se~atOr will allow me to mak~ a remark, th~ school-house built in accordance ~th sanitary rules and regulations it Senator misunderstands the amendment serves not only as a model for the construction of all other school-houses Mr. WILLIAl\IS. I was just going to say-- throughout that portion of the country, but of dwellings as well. s~ :M:r. LOGAN. Does the Senator understand that this amendment re the effect of the adoptian of this amendment would be to plant all quires the whole people to be taxed to build a school-house? through the South and largely through the North, too, a new and model Mr. WILLIAMS. No, sir; I understand this amendment to appro school-house, in accordance with which institutions of that kind can be priate $2,000,000 in addition to the appropriation in the main bill, for constructed anywhere, giving praeticai instruction to the eye of the the purpose of erecting school-houses in the different districts. people everywhere, and in addition to that a great benefit will be con . Mr. LOGAN. For the purpose of aiding in the erection of school- ferred in the construction of the dwellings of this country. ~M~ . l\Ir. VEST. May I ask the Senator a question? 1\fr. WILLIAMS. I do not think that any of the States in their com l\Ir. BLAIR. Yes, sir? mon-school system provide means for erecting common-school house . l\1r. VEST. I should like to ask him who furnishes the plan? They leave that matter entirely to the people of the school districts. Mr. BLA.IR. The amendment shows that. I will state the sub Mr. LOGAN. Certainly, and that is my purpose. stance of it. This amendment proposes to distribute 2,000,000 only; Mr. WILLIAMS. And some of the districts tax themselves by vote not $2,000,000. per year, but 2,000,000 in all, in sums not exceeding of the people of the districts for money with which to build school $100 in any case, and in no instance to contribute more than one-half houses. the amount necessary in order to secure the construction of the school Mr. LOGAN. The very object of this amendment is to aid those house. So if $50 in cash, with the contributions of the neighbors, will very people in the district8 that are poor. build a house, that is all that will be taken from the fund. But a - Mr. WILLIAMS. In most of the States to be benefited by this bill suming that $100 is taken for each echool-house, then this sum will ·as there are already school-houses erected, or in a large number of them sist in the construction and stimulate the constructionof20,000 school at least; but the portion of the country to be chiefly benefited is are houses in this country. gion where timber is abundant. The practice, I know, in my State is The appropriation is by the terms of the amendment confined to the when we want to build a school-house in the poorer but well-timbered por sparsely populated and the poorer districts of the country; and the tions of the State, the people go with their broad-axes and crosscut-saws plans-that is the point to which the Senator from Missouri called my and cut down the trees and hew the timber into logs, and take them to the attention-are by the terms of the amendment to be furnished free by nearest saw-mill and have them sawed into planks to make the roof the Bureau of Education of the United States. They have of course and floors. Where timber is not so abundant they take around a sub the latest models, the latest ideas, and can furnish them without any scription in the afternoon and get money subscribed enough to erect a substantial expense. They can be printed upon common paper and school-house. circulated, and will be sufficient to guide in the work of construction. That is the way we do it. I have helped to build three school-houses I hope, l\Ir. President, that thisamendmentwill be adopted. So far in the last :five years myself. No taxation has ever been put on our as its a-dding anything to the appropriation in the bill is concerned, I school district for school-houses. The. people there have voluntarily ought to state that it is already apparent that an amendment is to be contributed money enough to build them, and the neighbors have gath offered and very strongly pressed, and very likely it may become incor ered in with their broad-axes and crosscut-saws and erected the build porated with the bill, which will reduce the term of the operation of this ings themselves. A school-house does not cost much money in a tim bill to eight years and the aggregate amount to be expended during tho e ber country, and the State does not propose to build school-houses any- eight years to $77,000,000. If it continued for the ten years it would be where. . within 5, 000,000 of the amount appropriated in the bill as it now stands; Mr. BLAIR. Nor is it so provided in this amendment. The Senator but if' the reduction is made to 77,000,000 bytheproposedamendment misapprehends, I think, the force of the amendment somewhat. of the :first section, it would seem a very trifling burden to add this Mr. WILLIAMS. No, surely not. The amendment of the Senator amendment of the Senator from Illinois to the bill for the very signifi from Illinois provides that $2,000,000 shall be used for the purpose of cant and important purpose which has been indicated. I hope that the building school-houses. amendment will prevail. Mr. BLAIR. I would not think of interrupting the Senator if I did 1\fr. CALL. Itlr. President, I voted against the former amendment not feel that he was misapprehending the amendment a little. If he offered by the Senator from Illinois, but it was because the committee will listen to me a moment, I think I can reitlove his objection. had agreed to support the bill as it stood. I appreciated the purpose . Mr. WILLIAl\IS. I shall be thankful for a correction. I shall listen and the interest the Senator from Illinois had already taken in t he sub with pleasure. ject. I shall support this amendment.· I do not see that it conflicts in Mr. BLAIR. It is shown by one of the tables that has been alluded any point of view with the bill. I understand it simply proposes to aid to, · printed in the RECORD of the 19th of l\farch, that in order to fur in those districts where the people are unable to build their own school nish school-house accommodations to the unenrolled scholars in the houses. Southern States.,-alone (and a great many are wanted in the N orthem Mr. BUTLER. I should like to ask the Senator from Illinois a ques Sta~ well) 36,000 new school-houses are needed. tion in reference to his amendment. It says : Mr. LOGAN. Fifty-seven tho~d. That there shall also be appropriated and set-apart the sum of $2,000,000, which · l'Ir. .BLAIR. Thirty-six thousand in.thoseStates; 57,000in the whole shall be allotted to the several States and Territories on the same basis as the country. money approprated in the first section, which shall be known as the common Mr. LOGAN. That is what I say; 57,000 for the number of children school-house fund, to be paid out annually to each State and Territory. who are not provided for. Do I understand the Senator to mean by that $2,000,000 annually . Mr. BLAIR. In the whole country. are to be paid out? · Mr. LOGAN. Yes. _ Mr. LOGAN. N<> sir. Mr. BLAIR. But in what we call the Southern States 36,000 are l\Ir!"'BUTL:Elt 'fhe $2,000,000 is to be paid out annually for how necessary. It is fair to presume that in the course of the next few years many years? this want will -be very largely supplied. A great numb~r ofschool-houses l\Ir. LOGAN. It does not provide for any number of years. If the are to be erected, and it is of very great consequence that these ~hool amendment be adopted it means, or at least I tried to have ·it mean, houses should be erected in accordance with proper sanitary principles that as long as the school-houses were built they should be paid for. and regulations, and with a proper regard to the conveniepce and com The twenty thousand may not all be built t.his year. Some may be built fort of the ~holar and the teaeQer. In other words, they~shou~d be and a portion of the money paid out f9r those so built, and for the num erected after some common model~ and that the latest and the best. It ber built next year that portion will be paid out, and so on. That is was testified before the committee by one of the superintendents of the meaning of it. If it is not intelligible in the manner in which it is public instruction that in one of the States of the Union many of the drafted, we can change it so as to make it so. That is the object. school-h9uses cost only about 50 to $100 . .•One hundred and :fifty dol Mr. BUTLER. I should like to ask the Senator another question. lars, $200, or $300 builds a very good school-house, and he stated, as His amendment says: d.oes the Senator from Kentucky, that in many localities the people get Such school-houses- shall be built in a.ccordance with modern plans, which togetner, cut the trees, hew them, and build a very excellent building plans shall be furnished free on application to the Bureau of Education.. of logs, which answers every purpose, at an actual cash cost ofverysel Mr. LOGAN. I think it · expressed so a.s to be understood, but dom more than$50, $75,$100, or$150. The neighbors give their work, there is no trouble in changing the words so a.s to make the design they give the logs, they draw the timber, and they contribute the re clear. mainQ..er, so that with a money outlay of $50 or $100 in almost any of Mr. BUTLER. To whom shall the plans be furnished and who are these sparsely populated communities a suitable school-house can be to superintend the building? obtained, and if it is only built in accordance with a proper m6del it Mr. LOGAN. The plans are already in the office, as I understand; serves as a pattern for all the others round about. at least plans have been drafted and will be received from the office The sanitary conditions essential to a school-house are the same san here in Washington. itary conditions that are essential to a dwelling-house; and one of the Mr. BUTLER. Precisely, but- great evil<~ in this country, one of the great sources of contribution to It:Ir. LOGAN. The school-houses are to be built as they are now, by ill-health and sickness and death, is the fact that the dwellings of the the officers of the school districts. Whoever has.charge of that matter ('_.ountry are not properly constructed. If you put in a community a will have charge of building the school-h?uses. ~s does not change 1884. CONGRESSIONAL REOORD- SENATEo 2643 the law of the State; it does not attempt to do it or to interfere with it. Mr. LOGAN. That is all there is in this proposition. You dis The object is that this money, if appropriated, shall be distributed in tribute the school fund, $15,000,000 or 20,000,000 or whatever it may the same manner. How? Paid over to the States, as this bill provides be, to the State or Territory. It passes from the hands of the General for the distribution of the school fund tor common schools, and in the Government. Then the States distribute it according to their law; that same manner this will be distributed foi the building of school-houses. is, fot the benefit of the illiterate class it is to be distributed, I suppo e That is all that the language used in reference to the distribution according to population. That is the provision of the bill in reference being according to the first ection means, that it shall be distributed to the illiterate class. So then this money goes into the hands of the in the same manner to the States and Territories, and then it goes into State or Territory, and if the General Government does not say in this the uses when distributed as required in the different sections where proposition how it shall be distributed, it goes in accordance with the pro chool-houses are to be built, the plans to be furnished without cost. visions of the bill, then, to the officers of the State, for them to determine I t means that the plans shall be furnished by the national Bureau of the question as to the densely settled or sparsely settled portions of the Education, and they shall be furnished without cost to the persons country. It is certainly true that a school superintendent would not building the school-houses, namely, the officers in the school district, distribute a portion of this money to a neighborhood already supplied whoever they may be, who shall have charge of building school-houses. with a school-house; but he would distribute it where they have not a That is a matter for the State to provide for, and not for us to provide school-house, where the people are not able to build school-houses, for in this bill. where the population is sparse, so far separated that they have not or 1\ir. HARRIS. I should like to ask the Senator from Illinois who ganized schools. It would naturally be determined according to the is to determine the question as to the sparseness or density of the popu judgment of this person. That is the way I would determine it, and I lation where these school-houses are to be built. It is not a general presume the way the Senate would determine it. There is no other provision, as I understand the amendment, to build school-houses wher way to determine it according to this bill. That is the object of this ever they may be needed; but, as explained by the Senator from New amendment. Hampshire, it is to aid in the construction of school-houses in sparsely Mr. CALL. I understand the proposition of the honorable Senator settled neighborhoods. Who will determine the question as to whether from Illinois to be very plain as he states it. This amendment is to be the neighborhood applying is a sparsely or a densely populated neigh come, if adopted, a section of the pending bill, which provides for the borhood? distribution of this money to the State authorities to be expended in Mr. LOGAN. I think that is a question which can be very easily an- accordance with the existing school systems for the purposes declared swered. in the amendment. Mr. HARRIS. I hope so. The PRESIDENT pro tempore. The question is on agreeing to the Mr. LOGAN. The Senator in a manner seems to think there is some amendment of the Senator from illinois. thing terrible in that. I presume where the Senator resides, if he was Mr. LOGAN. I ask for the yeas and nays. inquired of to-day where the most thickly settled portion of his county The yeas and nays were ordered, and the Secretary proceeded to call was he could inform the Senate. I presume if he was inquired of as the roll. to where the most sparsely settled portion of that county was he could Mr. GORl\!A.J.~ (when his name was called). On this amendment I give that information. If you have a school superintendent in your am paired with the Senator from Delaware [Mr. SAULSBURY]. If he county who has not capacity enough to determine the sparsely and the were present, I should vote ' ' yea.'' densely populated portions of your county you had better choose an 1\Ir. JONAS (when 1\Ir. GIBSON 'S name was called). 1\Iy colleague other one. It would be determined just as any other fact is determined, [1\Ir. GIB OY] is paired with the Senator from Oregon [Mr. SLATER]. by the proper officers of your States, not by the General Government. · Mr. BUTLER (when Mr. H.ll!PTO:Y's name was called). l\1y col I can not tell where the sparsely settled portions of your States are or league [1\Ir. HAMPTON] is paired Wl. '1 the Senator from Rhode Island the densely populated portions are outside of the cities. I can not de [Mr. AYTHONY). termine it by an amendment nor can the Senate but the officer who 1\Ir. McMILLAN (when his name was called). I was paired yester has charge of the common schools of the county or district, or however day with the Senator from Delaware [1\ir. BAYARD] on questions aris it may be laid off in your States, from his own information and by mak ing on this bill, but I find that my pair continues to-day, although it was ing inquiries, must ascertain it as he ascertains anything else. Turn to not mentioned, a the Senate was not expected to be in session to-day. the census, and there you will find the information now without going The pair, however, has been transferred to the Senator from New York any further. [1\Ir. l\lrLLER]. I therefore am at liberty to vote. I vote "nay." Mr. HARRIS. The Senator from Illinois did not seem t.o quite com The . Senator from Delaware, if present, would vote ' 'nay ' ' on this prehend the question that I propounded. amendment as I understand. I am not aware how the Senator from Mr. LOGAN. I thought I did. New York would vote. 1\ir. HARRIS. If I understand the amendment of the Senator, it 1\Ir. GEORGE. I desire to announce the pair of my colleague [Mr. proposes to appropriate a gro sum of money which according to his LAMAR] with the Senator from New Jersey [Mr. McPHERSo:Y). estihlate will aid in the construction of some 20,000 school-houses, The roll-call having been concluded, the result ~as announced when according to statistics there are 57,000 school-houses neCessary. yeas 20, nays 28; as follows: It-will probably appear in the pradical application of this fund that YEA8-20. you will find perhaps every locality needing a school-house applying Blair, Frye, Jonas, Pike Brown, Garland, Kenna, Ran~m, for it. The party entitled to it is the party residing in a sparsely set Call, George, Lapham, Sawyer, tled neighborhood. It seems to me that. some tribunal, State or Fed Camden, Hoar; Logan, Voorhees, Colquitt, Jackson, Morrill, eral, will have to determine the question as to which of the 57,000 1 Walker. applications that are made for aid are to be entitled, as only 20,000 out NAY8-28. of the 57,000 can be aided. Aldrich, Cullom, Harrison, PlB.tt, Mr. LOGAN. It seems to me to be as simple a proposition as any in Allison, Du.wes, Jones of Florida, Plumb, Beck, Dolph, McMillan, Pugh, the world. Suppose there were 100,000 school-houses required. The Butler, Farley, Manderson, Vance. people in the localities where school-houses are not required would not Cameron of Wis., Groome, Max-ey, Vest, apply for aid from this fund; there are many places in the country Coke, Hale, Miller of Cal., Williams, Conger, Harris, Morgan, where they do not need it. Wherever school-houses are already erected, Wilson. the application would of course be refused, because they have the ac ABSENT-28. Anthony, Gibson, Lamar, Riddleberger, commodations. Bayard, Gorman, McPherson,. Sabin, Mr. HOAR. Will the Senator allow me? The difficulty that occurs Bowen, Hampton, ' 1\lahone, Saulsbury' to me is the one which I suppo~ occurs to the Senator from Tennes Cameron ofPa., Hawley, l\Iiller of N. Y., Sewell, Cockrell, Hill Mitchell, Sherman, see, and the Senator from Illinois does not meet it as it exists in my Edmunds, In~lls, Palmer, _ Slater, mind. I do not understand that it is based on any difficulty in finding Fair, Jones of Nevada., Pendleton, VanWyck. out whether a territory is sparsely or densely settled by the person So the amendment was rejected. whose dutyit is, but thequestionis, who istodeterminewhichofthese l\1r. LOGAN. I haveanotheramendmenttooffer. I move to insert communities shall have it, the State authorities or the Commissioner as a new section the following: of Education or the Secretarv of the ll).terior or some other; who is to SEC. -. No State or Territory that does not distribute the moneys raised for determine? <'Ommon--school purposes equally for the education of all the children, without Mr. LOGAN. 1\Ir. President, I will answer the Senator from Massa distinction of race OT color, shall be entitled tO any of the benefits of this aet. chu..<;etts. If he will tell me who is to determine as to the distribution I desire just a moment to explain the amendment. I have no faith of the fund that is appropriated for school purposes, then I will tell him in its being adopted, because I see that nothing which is for the benefit who is to determine about this. This is to be distributed to the States of this bill is going to be adopted. The law in Kentucky provides that and Territories just as the school fund is distributed ·to them. Who the taxes assessed on "the property of the w~te people shall be used only then determines where that is to go? for the education of white children, and the only educational fund there Mr. HOAR. The State, of course. for the colored people is that which is raised from t~ation on their Mr. LOGAN. Well, then, the State ·determines this. You give it own property. In Delaware the law is pretty much of the same char to the State and let the State de-Cide for its people, and that is all there acter. This provision is to indicate to the States that they will not get is in it. any of this money until they provide for the equal distribution of the Mr. HOAR. That I understand. school fund among colored as well as white children. If a State can 2644 CONGRESSIONAL RECORD-SENATE. APRIL 5, not afford to do that, the Government of the United States ought not 1\fr. HARRISON. Unquestionably the Senator has the right. I to appropriate one dollar f~r the education of its children. That is all simply rose to make a suggestion whether, in order to keep the bill in there is in it; and the object I have is to require the States to give this some such shape that we would not be getting in things and then hav money equally to the colored as well as to the white children, and not ing to modify them if another amendment was adopted, we should act only this money, but the school money generally, before they get any on the two propositions together-that was my suggestion-and that benefit from this appropriation. we should require this preliminary report, and directly in connection Mr. HARRISON. I am in favor of the principle contained in the with it put in the proposition the Senator has mentioned. That was amendment which the Senator from illinois has offered, and I only all. It was simply in order that the text of the bill, if these amend rise to call his attention to the fact that in an amendment I have pro ments receive the concurrence of the Senate, shall be in proper shape. posed, which is printed together with the bill, this same provision is lli. LOGAN. I suppose the committee that met together and organ contained, and is contained in connection with a clause requiring a pre ized this bill, if they have done it, voted this proposition out of the bill, liminary report by the States of what they have done in the preceding and I do not see any way tor me to do except ·to have it voted on I year, and then proceeds as follows: offered it as an amendment, and I only ask a vote. No money shall be paid out under this act to any State or T erritory that h as 1\lr. VOORHEES. I simply wish to say that the purpose of the not provided by la w a system of free common schools for all of Us children of amendment offered by the Senator from Illinois is eminently right, emi school age, without distinction of color either in the raising or distributing of nently correct. At the same time I do not attach very great importance school revenue or in the school facilities afforded. _ to its adoption, for the reason that whether the State of Kentucky has Mr. LOGAN. I understand that. already repealed the act referred to or not she certainly will do it as Mr. HARRISON. . I do not know where the Senator proposes toput soon as this bill becomes a law. And further than that, in justice to his amendment in the bill. I only rose to suggest, as it is contained in that old Commonwealth, whose blood fills my veins as well as those of connection with a proposition that I think will meet his concurrence, the Senators from Kentucky, I wish to remark that that law, although that we shall have the preliminary report as to these facts from the still lingering on the statute-book, is not executed by her authorities, State, whether it would not suit him as well to have it voted upo~ in and there are no distinctions or discriminations against the colored race connection with the ot her matter which I have proposed. in the matter of education in Kentucky any more than in any other Mr. WILLIAMS. Let me respond for one moment to my friend State of the Union. Still if the Senator from Illinois insists on his the Senator from Illinois. What he stated was the law in K entucky, amendment and thinks it important, it is right in principle, and I shall but tha.t law was repealed two years ago. vote for it . . Mr. LOGAN. I beg the Senator's pardon. It has not been repealed, The PRESIDENT pro tempore. The question is on the amendment and your Legi.<;lature has never voted on t he repeal. Although the Sen of the Senator from Illinois [1\fr. LOGAN]. a tor represents that State and ought to know better than I do a bon t this, The amendment was agreed to. yet. I feel authorized to state that your supreme court have decided the M~r. HOAR. I now move as one amendment the two propositions law to be unconstitutional, but your Legislature has not repealed it. which the Senate consented might be put as one. Mr. WILLIAMS. But the superintendent of public instruction has The PRESIDENT pro tempore. The Senator from Massachusetts gone on and distributed the money to all, and the colored children get moves to amend the bill. The amendment will be read. their portion of it as well as the whites. I will not say positively, be The CHIEF CLERK. In section l, line 3, it is proposed to strike out cause I have not the a-cts before me, but my recollection is that the "ten," before "years," and insert "eight;" so as to read: statute was repealed two years ago. That for eight years next after the passage .of this act there shall be annually Mr. LOGAN. No, sir; I beg the Senator's pardon. The matter is appropriated from the money in the Treasury the following sums, to wit. before your Legislature now. It has not been repealed. And in line 5, after the words "to wit," to strike out: Mr. WILLIAMS. My Republican colleague in the other House The first year the sum of 15,000,000, the second year the sum of 14.000,000, the (Mr. WHITE] oon:firmswhatisay. He was at myback this moment. third year the sum of $13,000,000, and thereafter a sum diminished $1,000 000 yearly from the sum last appropriated, until ten annual appropriations shall I stated it substantially to the Senate several days ago. If I had have been made, when all appropriations under this act shall cease. thought there would be any question about it I would have provided myself with the acts. But I know one thing, the supreme court of And to insert in lien thereof: The first year the sum of '11 ,000,000, the second year the sum of $10,000,000, the our State has decided the old law to be unconstitutional, and the black third year the sum of $15,000,000, the fourth year the sum of $13,000,000, the fifth children are entitled to the benefit of the fund as well as the white; year the sum of 811,000,000 the sixth year the sum of $9,000,000, the seventh year and they have gone on and organized schools, getting their proportion the sum of$7,000,000, the eighth1 year the sum of$5,000,000. with the whites. Mr. HOAR. Mr. President, I wish to say a word in regard to this Mr. LOGAN. I understand what your supreme court have decided, amendment, and but a word. for I have read the decision. It is immaterial as to whether the law It is true that this amendment diminishes by about 30,000,000 the has been repealed or not. My understanding is that it has not been re aggregate amount appropriated by the original bill, but the original pealed. If the law has been repealed and the distribution in your State bill is liable to two or three considerations. In the first place, it begins is equal to the children of both ra-ces, then this proviso does not affect with a very large sum, the sum of $15,000,000, and proposes to distrib your State, and certainly can not be objectionable to you. ute to some States a sum equal to twice what they now appropriate. Mr. WILLIAMS. Except that it is already in the bill. A great many Tery experienced persons feel that it will be impossible, Mr. LOGAN. It is not in the bill. It is in an amendment that the suddenly and at once and without any previous notice, to provide for Senator from Indiana proposes to offer. I am offering this amendment the wise, economic, and efficient expenditure ofso large a sum of money. to the bill. I have no objection to the amendment of the Senator from As has been already stated, 57,000 more school-houses are needed to Indiana but I presented this amendment some days ago and had it make an efficient common-school system throughout the country. The printed,' and said r. would offer it to the bill. I do not ~Y. that there amendment of the Senator from Illinois proposed, as I thought very is any particular difference whether my amendment or his IS adopted; wisely, to provide in part for that building, and I hope that amendment but inasmuch as this was offered first and I offered it and it is before will be yet adopted, before the bill gets through, by tbe Senate, which Senate, I shall ask that it be voted upon. The action on it need not defeated it by only three or four votes. affect the amendment of the Senator from Indiana. In _the next pla-ce, the bill goes over the period of the next census, the Mr. HARRISON. I have no disposition in the world to rob the Sen census of 1890, so that you have got for the two smallest sums, which ar~ ator from Illinois of any credit. I only called his attention to the fact to be distributed under the orginal bill, to make for two years only a total that by the bill as it stands there is no provision made for any report change in the proportion ofthe distribution to a district or a State. You from the Statesbeforet~fustyear'smoneyis distributed. My amend get a very different proportion these last two years from what they had ment provides for that, and provides that this very fact, this very con the preceding two years, as well as a diminishing sum. dition which he expresses in hisamendment, shall appearbythereport · If the $77,000,000 which I propose turn out to be insufficient, and of the authorities of the State, not simply to be judged of by the Sec the experiment-which is an experiment, viewed with grave concern by retary of the Interior; and it was merely a matter of convenience, be its friends as well as its opponents-succeed, undoubtedly Congress at · cause if the amendment he proposes is adopted and goes into a certain the close of these eight years will do what shall be found necessary and place in the bill, then it will not come in properly in connection with expedient and wise. ThejndgmentofthewholeAmerican people will the preliminary report. So far as any credit one way or the other is be unmistakably expressed upon the general scheme long before the ex concerned, I should be glad to turn over thiswholeamendment andlet piration of that t-ime, and any defect in the present scheme can be sup the Senator adopt it as part of his own and move it, so that it may be plied in the future. But it seems to me, having been as early and as voted on in the pr6per pla-ce. earnest a friend of this general scheme as anybody, that it is wiser to Mr. LOGAN. The Senator is very sensitive. I said nothing about begin as this amendment does with a smaller sum the :first year, increase credit to anybody. it the second, increase it again the third, and then let the process of - Mr. HARRISON. I am not sensitive at all. diminution begin -and have it terminate at the end of eight years, when Mr. LOGAN. I certainly said nothing about any credit to anybody. the new census will have a-scertained the condition of the people in re I ask no credit for it. I offered it because I thought it was right. I spect to illiteracy and the population of the different States and conn ties. certainly had something to do with introQ.ucing bills on this subject, 1tfr. BLAIR. Mr. President, I desire to say with reference to this and I do not claim· any more right than anybody else; but I surely have amendment that it has become apparent by consultation with individ a right to offer an amendment if I desire to do so. ual Senators upon both sides of the Chamber that with many the con- I 1884. CONGRESSIONAL RECORD-SENATE. 2645 siderations stated by the Sen&torfrom Massaehusettshavegreatweight, duty of the National Legislature to say at least we will exert within and I feel constrained personally to yield my judgment to theirs. the bounds of reason our constitutional power and this great national When one examines the amendment closely, however, the difference is force to remove this menace. I think it is a better thing to try the not one which seriously embarrasses or diminishes the efficiency of the experiment whether by educating a black man he can be made fit for bill. It reduces the term of its operation two years, but the bill American citizenship than without trying that experiment to cheat itself is a bill making appropriation tor but one year and a declaration him out of his vote. of policy to be pursued for a certain length of time which can be safely Mr. MORGAN. I am sorry that did not occur to the Senator before acted upon by the States interested provided that the conditions which he conferred the citizenship on him. He should have tried the experi the bill contains are complied with. If the bill should continue oper- ment of educating him then. ative under the amendment foreightyearsthe total expenditure would Mr. HOAR. Well, Mr. President, I will not be drawn into a crim be$77,000,000. !fit were $80,000,000theaverage would then be$10,- ination or recrimination in regard to past history, recent or remote. I 000,000 y~ly, and for the ten yearsitwould maketheamount carried will not talk with a man, in the way of debate I mean, as to whether by the bill $100,000,000, which is only $5,000,000 less than it now I did right or wrong or whether he did right or wrong from 1860 to provides for. 1865; as towhether I did right orwrong or he did right orwrong from I yield my judgment on this matter with great reluctance, I must 1865 to 1875, or as to any other period of history about which the two confess, but I think that the bill will be stronger and that the general sides of this Chamber are divided. I have this one thing to say, that judgment oft:Pe Senate ought to be preferred to my own. the people of the North view this not as a party measure, as the votes The PRESIDING OFFICER (Mr. HARRIS in thechair). 'l'heques- in this Chamber have alreadyshown. Whenmyhonorable friend from lion is on the amendment proposed by the Senator from Massachusetts Indiana and myself can come together, representing Massachusetts Re [Mr. HoAR]. · pnblicanism and Radicalism and Indiana Democracy, .and ~y to our Mr. MORGAN. I should like to inquire of the Senator from Mas- friends in these Southern State8, "We will taxourconstituenc1estothe sachusetts how much is the reduction he proposes? extent that they can bear, and give over to your States the money to Mr. HOAR. The total amount proposed by the amendment is $77,- educate and elevate these people who are cast upon yon,'' I do not 000,000, and the amount in the original bill is $105,000,000, 28,000,- propose to accompany that act by a discussion of the question whether boo difference. I or you have been right in our conduct or our opinions in the past. Mr. MORGAN. That is a very small matter, 28,000,000, in a bill Why, Mr. President, are we not American citizens? Can we not talk of this description, but I would admonish the Senator from Massachn- about educating our children and raising the money to do that without setts that it is really the interest of the friends of the bill to have the having flung in our faces everything by way of taunt and sting that the amount large, because he will lose votes for it if he does not keep the memory and imagination of the honorable Senator from ~abama can sum up to $105,000,000. It is not the principle of the bill so much as suggest to him? the amount of money involved in it that gives it currency and popular- Mr. MORGAN. If the Senator from Massachusetts will allow me ity and strength, and as he is a. friend of the bill, he ought to manifest just one moment. his friendship by keeping up the amount. Mr. HOAR. Certainly. Mr. HOAR. I have said in the hearing of the Senator that I was a Mr. MORGAN. I merely wish to say to him that this morningwhen friend of this bill. I had the honor of reading a portion of the constitution of Massachu- 1-Ir. l\IORGAN. Then I hope the Senator will keep it up to the setts the Senator was not in his place, and I desire now to refer to what maximum rate of $105,000,000, and I venture to suggest that he will I then said for his information. This is what I said: weaken the bill very much, if he does not actually destroy it, because They even go so far as to inculcate the duty upon the Legislature of provid it will not do to undertake to get the Senators on this side of the Cham- ing by law so that sincerity and good humor and social affections and generous ber committed to the principle of this bill without furnishing a very sentiments sha.ll be encouraged among the people. large amount of money as an inducement for their votes. [Laughter.] I begged the Senator not to get ill-humored, for I read to him from And if there is any disclosure of a policy of a reduction of this amount his own constitution. of money now or hereafter some of the Senators on this side will feel Mr. HOAR. The Senator from Alabama has taken six mortal hours very badly if they should find that their friends on the other side were addressing such Senators as had the additional virtue not mentioned in not going to give the amount of money which it has been understood that constitution of patience to sit in their seats and hear him, to crowd was to be the fruit of this bill in consideration oftheir votes. together everything by the way of sting and insult that he could think Mr. HOAR. Mr. President, I do not know what motives the Sen- of with which to meet on behalf of the great Commonwealth which he ator from Alabama may choose to impute to" his political associates on in part. represents this offer from Massachusetts. theothersideoftheChamber. Iammyselfsometimesthonghttospeak 1\Ir. MORGAN. But my people have never put me under the in with considerable emphasis, and I believe some gentlemen think with junction of being in a good humor while I was being abused by other some ~itterness. I do not know the gentleman on that side of the people. Chamber to whom I would impute the motive, in my secret heart, Mr. HOAR. I undertake to say-I do not yield any further-that which the Senator from Alabama, if I understand him, has openly I do not mean to be drawn into a debate or discussion in regard to the avowed. I profess to be the friend ofthis bill and of this measure, and political history of this country, remote or recent. We come here with in moving this amendment I move it because I think it makes the bill from $77,000,000 to $105,000,000 in our han~ and we say to you, "If better. I think it wiser, this being, as we allagree, a great experiment, this money will help yon to educatetheilliteratesinyourStates, whom experimental as to its producing the general effect that we desire; ex- some of yon say you can not educate from your own resQurces, take it perimental also in the matter whether we shall find State agencies and and God bless yon," and the Senator from Alabama replies with the instrumentalities now prepared and ready to carry out its purposes. I fact that the merchants of Boston 3.Ild of Newport two hundred years vote for this bill because t.hese men at the South, colored and white, ago practiced the slave trade and that somebody else did something are my countrymen, entitled within the functions ofthe NationalGov- immediately after the war, and so on, and so on, and so on. ernment to my interest, care, and friendship as much as the citizens .Mr. }.fORGAN. Will the Senator allow me to say that in all of that of Worcester County, Massachusetts, where I dwell. If it be a matter six hours' speech I did not refer to the slave trade? The Senator has of national concern to provide by national authority that the American imagined what he thinks I ought to have said about him and his peo people shall be :fit in intelligence for a republican government; if we ple. have the right (as we have the right to defend this Constitution in war) Mr. HOAR. Somebody did. _ to (lefend it against the greater danger of ignorance in cases where the Mr. MORGAN. I suppose I had better express my regret that I did local instrumentalities, through their own misfortune or through their not tell the truth on him while I was np and which I did not do from own fault are unable to do it, then this bill is an exertion by national Iforbearance. authority of a proper national constitutional function. Mr. HOAR. Somebody did. Whether it was the Senator from Al&- I do not put my support of this measure on any argument growing bama [Mr. MORGAN] or the Senator from North Carolina [Mr. VANCE] out of the right to appropriate money for the general welfare. I do not I shall not undertake to be sure. go into any subtle refinements as to any distinction between the right Now, Mr. President, to come back to this amendment. It seems to to give land and the right to give money. I undertake to say that the me, giving the best and most careful examination to the matter that I Legislature of this nation has a right to save the life of this nation ~ooairn3t can, that the sum of $15,000,000 can not in all probability be usefully, whatever danger; and at a time-I do not impute it to any Senator on economically, and efficiently expended the first year, and that instead this floor-when honest men, intelligent men, influential men declare of starting with the larger sum we had better startwithasmaller sum, in my hearing that this black ignorance in this country is so great a and let our $15,000,000 be expended the third year, when the State menace to their property, their government, their civilization itself that superintendents and the State authorities will have got used to it. I all must perish alike if the mandate of our Constitution be obeyed and think it is better to stop our expenditure with the census of 1890, at these men have their votes counted man for man. honestly and fairly the ·end of eight years. We shall get the new census probably about in State and national elections, and that that danger is so great and so 1892 or 1893. We did not get the last one until1883. That is the overwhelming that they deem themselves entitled to resort for self- whole of the amendment. preservation to any agency of force or finesse that will keep these men Mr. GEORGE. I desire to ask the Senator frozp. New Hampshire from the ballot--there are certainly intelligent men and influential one question. Does he regard the adoption of this amendment as es newspapers jn numbers that say t.hat in this country-! think it the sential to the success of the bill? 2646 CONGRESSIONAL RECORD-SENATE. .A.PRIL 5, ~1r. BLAIR. I will state precisely how I think the situation is. self that I did not misunderstand the object of this bill. The mean About half the Democrats are against the bill anyway, and about half ing of it is to pledge the Senate to the doctrine so boldly and eloquently the Republicans are against the bill anyway unless. it is somewhat avowed by the Senator from Massachusetts, that whenever Congress amended. I am satisfied if this amendment is adopted, and some other thinks that the life of the Government is in danger, to use a Repub amendments that I think do not weaken or hurt the bill at all, we can lican phrase, then Congress can do what it pleases. The Senator avowed get a nearly unanimous vote on this side and just as many on the other, here that whenever the people of a State fail either through neglect or and we shall get the benefit of the mea ure. inattention or from any other cause to do what Congress thinks is ab- Mr. MORGAN. If the Senator from Mississippi had addressed the olutely necessary for the welfare of the General Government, then Con question to the Senator from New Ramp hire as to what the caucus ac gress has a right to interfere. tion was on the bill perhaps he might have succeeded in getting a Mr. HOAR If the Senator will pardon me, I did not say "abSQ knowledge as to the shape in which it is to be put. lutely necessary for the welfare of the General Government.'' I ills Mr. BLAIR. I will tell the Senator about the caucus. The caucus claim that. I said ' ' the national life. ' ' was a conference. We had much difference of opinion. I stood for Mr. VEST. Exactly, "the life of the nation;" that was the phra e. this bill absolutely and unqualifiedly, and nobody knew until I came Mr. HOAR. That was the phrase. into the Chamber to-day and began voting that I was not going to vote Mr. VEST. That is the campaign phrase on which thechangeshaT"e absolutely for the bill. But I am satisfied in my own mind that the been rung for fifteen yeai'S. You can do anything '' to preserve the life bill is stronger and we can pass it with orne modifications. I dare not of the nation. ' ' The Senator from Massa-chusetts sneers at the idea of run the risk oflosing this great measure upon what I consid~r second going to the Constitution for this authority. He says, ' I stand here ary considerations, and I have yielded my judgment somewhat. not upon the general-welfare clause, not upon the clause in regard to Mr. MORGAN. I am very glad that the Senator from New Hamp the Territories and empowering Congress to make rules and regulations shire has informed us that there was a caucus and this measure took in regard to them or the property of the United States; I go to the shape in that caucus. Whether he is bound by a caucus of his own higher law; I go to any measure that is necessary to preserve the life· party or not makes no difference to me; but certain of our friends on of the nation.'' Then if the Senator and his coll~oues think that a this side will have the satisfaction of knowing when the bill is passed tariff not for revenue but to the very highest extent necessary to pro that it is one which has been shaped in a Republican caucus. I sup tect any of the industries of this country is necessary, they do not go posed tha~ this measure was really one that would carry out the pre to the Constitution for the authority, they simply say, "the life of the tensions of its friends, that it was not a party measure in any sense at nation is involved and we will pass this law." Tear up the Constitu all, while here we find that a Republican caucus has met upon it and tion; it is obsolete, like the words of Madison and Jefferson, on that determined upon its shape, and I hope upon its destiny also. side of the Chamber. New lights have· come to us. Tear down these Mr. VEST. As a matter of course I suppose that nothing which can arguments; let _us become iconoclasts, and put in their place this new be said, especially by one entertaining the views I do, can affect the doctrine of necessity to save the life of the nation. vote on the measure; but I simply want to ·congratulate the Senator I have not been mistaken in regard to the meaning of it, and I con from .Massachusetts upon having boldly avowed what the real basis of gratulate my colleagues upon their learned constitutional arguments. this measure is and what the advocates of it mean that it shall effeet. and their quotations from the cobwebs of the past that have had so It is not enough that i~ should be a caucus measure. The Senator from happy and delightful a consummation. New Hampshire says that if the caucus amendments are adopted it in ~1r. CALL. l\1r. President, I shall votefor this bill. I should vote sures a unanimous. vote upon that side of the Chamber. for it if the Republican caucus had directed the Senator from Massa .Mr. BLAIR. I said no such thing, or if I did say it I withdraw it. chusetts to report the amendment which he has offered. I do not con I did not mean it. ceive that the difference betweenpolitical partiesrestsupon the propo Mr. VEST. You said words to that effect. sition whether one caucus or another may recommend some specific Mr. BLAIR. I said I thought it would secure very nearly aunani measure not connected with party distinctions. Neither do I agree with mon support on this side of the Chamber. It will not have a unani the honorable Senators from Missouri, nor from Texas, nor the S~nator mous upport. There are several Senators on this side who are abso from Delaware, nor the Senator from Alabama, that they speak cor lutely opposed, as I understand them, to the bill in any form; as radi rectly when they interpret Mr. Madison and Mr. Jefferson and the cally opposed to it, I think, as the Senator from Missouri. I said I fathers of the country as affirming that to give, either in money or in was satisfied the bill would be very much stronger. I made a close cal lands, aid to a prostrate and helpless State to reorganize its industries culation as to how the Democratic side of the Chamber would vote, or its educational system is contrary to the spirit of the Constitution or and I know better now how they will vote than I know how my friends without the sanction of their example. We have heard a great deal of on this side of the Chamber will vote. I can tell you very nearly. that; but I hold in my band-as this question has been raised here so I said what I did in regard to our conference simply because I would often-a message of .Mr. Jefferson's which I wish to read. l\1r. Jeffer not so treat this measure as to intimate that there is any secret to be son in one of his messages, on the 2d of December, 1806, says to Con concealed in it. There is no understanding that Republicans are or are gress: not to, vote for the measure. No Republican caucus binds a Repub EducQ.tion is here placed among the articles of public care- lican in that sense that I have ever attended. I am a-s much at liberty as a party man to vote against this amendment a I ever was. This is a message addressed to Congress, and it is in regard to educa Mr. LOGAN. If the Senator from Missouri will allow me, I should tion, national education, as to which we have been so often told here that like to say a word. we are violating the canons of the Democratic party and the past history Mr. VEST: Certainly. of the country in voting money to the States to be applied by them in· their own way and under their own laws. LOGAN. I wish to say in regard to the caucustbatiftberewas Mr. Mr. Jefferson says: any caucus on this bill I did not receive any notice of it. If I bad at tended, probably I ~hould not have offered my amendment and have Education is here placed among the articles of public care, not that it would be proposed to take ita ordinary branches out of the hands of private enterprise, had an almost unanimous vote of the Republicans against it. I was which manages so much better all the concerns to which it is equal, but a public not in any caucus where this bill was discussed, and I think if there institution can alone supply tho e sciences which, though rarely called for, are had been a caucus I at least ought to have been notified. If the amend yet necessary to complete the circle, all the parts of which contribute to the im provement of the country and some of them to its preservation. The subject is ment was prepared in the caucus I might object to it, because I cer now proposed for the consideration of Congress, because if approYed, by the time tainly received no notice of it, and I might regard the vote that was the State Legislatures shall have deliberated on this extension of t.he Federal given on my amendment as a symptom ofsomething that I did not un tru ts and the laws shall be passed and other arrangement made for their exe derstand. I hope hereafter it: my friends go into caucus they will let cution, the necessary funds will be on hand and without employment. me know about it. It is true that he favored an amendment of the Constitution to give 1\Ir. VEST. I sympathize with the Senator from Illinois in the to Congress the power of national education. But how, in the fa~ of amendment which he offered in reference to erecting scbool-hous~ in this recommendation, can gentlemen claim his authority for the propo the South. If I entertained the opinions which the Senator from Mas sition that to give aid to the States for that education in conformity with sachusetts avowed here representing the caucus of the Republican party the State organization and subject to the power of the State, and in I would have voted for school-houses, and libraries, and to have put a trusted to their care alone, is a subversion of the principles of the Con library in the reach of every man, woman, and child in the Southern stitution and without the sanction of his example, when he makes an States. The same power which can pass this bill upon the basis which express recommendation to Congress that it should be done, and, if nec the Senator from Massachusetts invoked here could give to the South essary, an extension of the Federal trust should be made in order to school-houses and libraries and turnpike roads to the school-houses and accomplish it? all the facilities for obtaining education. Mr. BUTLER. May I ask the Senator a question just in that con The Senator from Massach.usetts avows in the very broadest shape the nection? doctrine which Mr. Hamilton announced. in 1791 and which Mr.l\fadi Mr. CALL. Certainly. son and Mr. Jefferson denounced as leading to centralization and to an Mr. BUTLER. Is there anything in that language that justifies utter destruction of the rights of the States. All that is simple history; Federal aid to State institutions? Is it not confined strictly and ex and it is saying that we have no right to shape our legislation accord clusively to national purpo es? ing to the opinions of the men who helped to frame the Constitution. 1\Ir. CALL. I beg the Senator's pardon; itis to give toCongressthe I congratulate the Senator from Massachusetts and I congratulate my- unquestioned power to legislate for national ~ucation everywhere that 1884. CONGRESSIONAL RECORD- SENATE. 2647 Mr. Jefferson makes that recommendation. That power the exercise of tion; neither did Mr. Jefferson in the case of Louisiana, nor Mr. Calhoun which Senators insist would destroy the Constitution he recommends in the case of Texas. I appreciate and respect the motives and opinions to be extended and given to Congress by an amendment to the Consti of Senators on both sides who oppose this bill, but I can not agree with tution. them. Mr. COKE. · Was that amendment adopted? , ·I accept the practical interpretation of the Constitution by Mr. Jef Mr. CALL. It was never adopted; but both land and money were ferson in the spirit and intent with which he made it. He says: ''To given. Here is the list which Alabama and every other State had, giv the States are reserved all legislation and administration in affairs which ing the distribution of the !ed~ral money, which ~nstitu~ n?w the concern their own ·citizens only; to the Federal Government whatever magnificent fund of educatiOn mall the States which received It: concerns foreigners or the citizens of other States; * * * neither 1\Iaine...... $955,838 25 having control of the other, but within its own department." Ne'v Hampshire...... 669,086 79 Sir, the Constitution is greater, it is wiser, it is more powerful, it is 1\la acbusetts ...... 1, 338, 173 58 more beneficent than Senators would make it. Its power of appropria Vermont...... ······ ...... ········...... 669, 086 79 Connecticut...... 764, 670 60 tion can be used to aid the States without interfering with their sov Rhode Island...... ~82, 335 30 ereign powers or their internal affairs. . The bill does it, and does it Ne'v York...... 4,014,520 71 generously and carefully, and I think in a manner that will attract the New Jer ey...... 764,670 60 Penn yl,·ania...... 2,867,514 78 consideration and the approval of the country. Delaware...... 286,751 49 · In 1 24 that remarkable and very great man Mr. Jefferson, in his ardent zeal for the abolition of slavery, in favor of an appropriation of ~~~ai:~~~::::::::::::::::::::::-.:::::::::::::::::::::::::::::::::::::::_:::::::::::::::::::: - -- i: ~ m: money or land by the United States forthis object, the States consent-_ South Carolina...... 1, 051,422 09 ing, said: 1 I am aware that this subject involves some constitutional objections. But a xr:;r~_::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ·~~:~ ~ liberal con truction of the Constitution justified by the object may go far, and Louisiana...... 477,919 14 an amendmentofthe Constitution the whole length necessary.-Jejferson's Works, ~~~e i~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: 1 ,~ : ~ gg volume 7, page335. ~:::;~-~~-:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::·::::::::: ~: t:: J~ ~ 1\fr. Monroe, on the 4th of May, 1822, in defining the right of appro Missouri...... 382, 335 30 priation as distinct from the right of sovereignty and jurisdiction over Indiana...... 860, 254 44 the territory of the States, uses this clear language: Dlinois...... 4.77, 919 14 Although they (the States} may assent to the appropriation of money within their limits for such purposes, they can grant no power of jurisdiction or sover ~~~~~ :::·::.. ::::::·:.::::::·.::::::::·:.:::::::::::::::::::::::::::::::::·.:::::::::::::::::::::::: ~: ~~ !~ eignty by specific compacts with the United States. Total...... 28,101, 644 91 This has been the real and practical interpretation of the Constitu As was stated by the SenatorfromKentucky[Mr.WILLIAl\18], itwas tion by the long line of Presidents anterior to the war. Within i18 the di tribution in 1836 of this surplus money, which in all the States limits the right~ and powers of the States and the National Govern which properly used it has created a magnificent fund of education and ment can both be used with the utmost beneficence, and no infringe which has done so much to advance the people of those States. ment made by either on the other. That this has been the rule of in I a k the Senator from Texas, where does he find in the Constitution terpretation the acquisition of Louisiana. and Florida and Texas all the power to annex the territory of Texas to the United States and bear witness. Without it, the Senators from Texas, Louisiana, Mis to appropriate money to pay the debts of Texas? Is it a power com souri. and myself, and the States we represent, are out of the Union and mitted to the jurisdiction of Congress to pay the debts of a foreign have no right to seats here, "for the Constitution and the laws made state or of one ofour own States? Whether foreign or domestic, no such in pursuance thereof" are the supreme law. power is expressly granted, and surely no one will say that by a treaty Mr. BROWN obtained the floor. with a foreign power the express grants of power in the Con titntion The PRESIDENT pro tempore. The Chair, underthenew rules, will can be either increased or diminished. Sir, there is far more authority take this occasion, with the permission of the Senator from Georgia, to for this donation of money to States than there was for the annexation lay before the Senate sundry bills from the House of Representatives of the State of Texas, and everybody knows and admits it. for reference. Nor did Mr. Jefferson stop there. I hold in my hand a letter from HOUSE BILLS REFERRED. Mr. Jefferson in which he speaks of the treaty of annexation of Lou The bill (H. R. 6092) making appropriations for the current and con isiana, and what does he say to my distinguished friend from Missouri tingent expenses of the Indian Department, and for fulfilling treaty (Mr. VEST] who speaks ofthecobwebsofthe past? He says: stipulations with various Indian tribes, for the year ending June 30, The Constitution has made no provision for our holding foreign terri tory, still less for incorporating foreign nations into our Union. The Executive, in 1885, and for other purposes, was read twice by its title, and referred to seizing the fugitive occurrence which so much advances the good of their coun the Committee on Approprirtions. · try, bas done an act beyond the Constitution. The Legislature, in casting be The following bills were severally read twice by their titles, and re- hind them metaphysical subtleties and risking themselves like faithful servants, must ratify and pay for it, and throw themselves on their country for doing for ferred to the Committee on Pensions: them unauthorized what we know they would have done for themselves had A bill (H. R. 283) granting a pension to Patrick Horan; they been in a situation to do it. A bill (H. R. 284) for the relief of Mary G. Hawk; That is the kind of strict construction of the Constitution by l\Ir. A bill (H. R. 501) for the relief of Hiram M. Howard, of Richland, Jefferson wl:tich gentlemen talk so much about, and assert that to de Kans.; part from it would be to overthrow the Government. And so it was A bill (H. R. 1056l granting a pension to Honora Kelley; with 1\Ir. Monroe. We all know that they all-Jefferson, Madison, and A bill (H. R. 1127 granting a pension to Anson B. Sams; Monroe-denied the power of the Government to establish internal im A bill (H. R. 1711 granting pensions to Frederick Nelson, T. Caine, provements. We know that the bills that the Senators .from Texas and and Henry C. Sanders; Missouri vote for now every year without objectio.p. were affirmed by A bill (H. R. 1836) for the relief of Elizabeth Moyal; . Mr. Jefferson, Mr. Madison, Mr. Monroe, and by Mr. Calhoun, until A bill {H. R. 1985) granting a pension to Malvin Pierce; the Memphis convention for the improvement of the Mississippi River, A bill (H. R. 1986) granting a pension to Frank F. Fitkin; to be entirely unconstitutional, as they did the aid to national educa A bill~H. R. 2100) granting a pension to .Mary Allen; tion; and yet these gentlemen constantly vote· for the exercise of a A bill H. R. 4059) granting a pension to Isaac Demaranville; power which these all deny and which was proposed to be given to A bill H. R. 4180) granting an increase of pension to Rowland Ward; Congress by an amendment to the Constitution. A bill lH. R. 4317) increasing the pension of Julia A. Chambers ; I differ from the honorable Senator from Massachusetts. I do not A bill H. R. 4613) granting a pension to Preston .M. Shannon; and believe that we have any authority, any power, to violate the auton A bill H. R. 5443) for the relief of N. C. Ridenour. omy and the essential rights ~nd powers of the States. I do believe, as 1\Ir. Monroe most conclusively affirms in his argument, that the power AID TO COMl\ION SCHOOLS. of appropriation does cover every object for· the common defense and the The Senate, as in Committee of the Whole, resumed the considem- · geneml welfare applied as every other power of the Constitution must tion of the bill (S. 398) to aid in the establishment and temporary sup be consistently with the preservation of the rights and the integrity port of common schools. and power of the State. The bill proposes to do it. The PRESIDENT pro tempore. The Senator from Georgia [M:r. I meet gentlemen upon the other side half way. We appropriate BROWN] is entitled to the floor. money to aid the States to exert their power. They are free to accept or Mr. BROWN. I yield for a moment to the Senator from Connecticut reject it, and that is all there is in it. We give money to help a State to [Mr. PLATT]. reorganize its resources and to lift it up, and the Senators who oppose that 1\ir. PLATT. I should like to give notice of an amendment which bill occupy the position of saying that if from any cause the States, North I propo e to offer t-o the bill: and ask that it may be printed, if the bill ern or Southern, are exhausted by taxation, prostrate, enfeebled by pub is not dispo ed of to-night. I propose to strike out section 12 and in ]jc calamity, they can not accept, and we can not give them money to _sert in lieu thereof: aid them and relieve their people temporarily. We can not touch them; That no portion of the money tO be expended under t~ provisions of this act shall be expended or paid in any State in which the nuinber of persons of 10 but however much they may ask us, we mu t leave them in their state years of age and upward who can not write is less than 9 per (.-ent. of the whole of feebleness and ignorance and want. I do not so interpret the Constitu:- population thereof. 2648 CONGRESSIONAL RECORD-SENATE. APRIL 5, The PRESIDENT pro tempore. If there be no objection the proposed, Mr. BLAIR. I ask the indulgence of the Senate for a moment be amendment will be printed. fore that motion is put. The Senator from Georgia (Mr. BROWN] is entitled to the floor. The PRESIDING OFFICER. Debate is not in order except by Mr. BROWN. I yield for a moment to the Senator from Texas [Mr. unanimous consent. MAXEY]. Mr. BLAIR. I hope the Chair is willing that I should have a mo Mr. MAXEY. I only want a moment to reply to the statement of ment. the Senator from Florida [Mr. CALL] that in Mr. Jefferson's annual The PRESIDING OFFICER. There is no objection on the part of message of December 2, 1806, he was for giving to Congress the power the Chair. · to extend aid to national education everywhere. In that annual mes Mr. BLAIR. !believe that we can finish this bill to-night. ["No! n sage of December 2, 1806, Mr. Jefferson says: "No ! "] I do not think if we go on with the bill and the amendments that there will be a great deal more of debate, and I am anxious to re The duties composing the Mediterranean fund will cease by law at the end of the present sea.son. Considering, however, that they are levied chiefly on lux main and aecomplish that purpose. I understand we have had an inti uries, and that we have an impost on sa.U, a necessary of life, the free use of mation from the chairman of the Committee on Appropriations that it which otherwise is so important I recommend to your consideration the sup might be well to adjourn or go into executive session. If that should pression of the duties on salt, and the continuation of the Mediterranean fund, instead thereof, for.a. short time, after which that also will become unnecessary be acted upon, I trust he will not Sh.y anything about the naval appro for any purpose now within contemplation. priation bill next Mon4a,y or Tuesday, When both of these branches of revenue shall in this way be relinquished Mr. ALLISON. I must turn my friend from New Hampshire over there will still ere long be an accumulation of moneys in the Treasury beyond the installments of public debt which we are permitted by contract to p&y. They to my·friend from Maine [Mr. HALE], who has charge of the naval ap can not, then, without a modification assented to by the public creditors, be ap propriation bill. plied to the extinguishment of this debt and the complete liberation of our Mr. HALE. I agree with the Senator from New Hampshire, that if revenues-the most desirable of all objects; nor, if our peace continues, will they be wanted for any other existing purpose. · the Senate are willing to stay here five, six, or eight hours longer we The question, therefore, now comes forwardi to what other objects shall these can finish the bill. surpluses be appropriated, and the whole surp us of impost, a.fl:.er the entire dis Mr. ALLISON. I hope the Senator from Maine will not call up the charge of the public debt, and during those intervals when the purposes of war shall not call for them? Shall we suppress the impost, and give that advantage naval appropriation bill on Monday, if we can have an understanding to foreign over domestic manufactures? On a few articles of more general and in the Senate that the education bill shall be finished on Monday. We necessary use the suppression in due season will doubtless be right, but the great might have· an understanding of that sort. mass of the articles on which impost is paid are foreign luxuries purcha-sed by those only who are rich enough to afford themselves the use of them, Their M:r. HALE. Now, let a proposition be made, perhaps by the Senator patriotism would certainly prefer its continuance and application to the great from New Hampshire if he is willing to make it, that the final vote purposes of the public education, roads, rivers, canals, and euch other objects of shall be taken on Monday at any hour in the afternoon that he may public improvement as it may be thought proper to add to the constitutional e numeration of Fedeml powers. name, 2, 3, 4, or 5 o'clock, and I shall be very glad for one to agree to By these operations new channels of communicatiou will be opened between it. If that can be agreed upon now, I shall not attempt to push the the States; the lines of separation will disappear, their interests will be iden naval appropriation bill on that day. Let the Senator make his prop tified, and their union cemented by new aud indissoluble ties. Education is here placed among the articles of public care, not that it would be proposed to osition. take its ordinary branches out of the hands of private enterprise, which manages Mr. BLAIR. I ask unanimous consent that at 4 o'clock on Monday so much better all the concerns to which it is equal; but a public institution can all debate upon the bill and pending amendments shall ceas~, and that alone supply those sciences which though rarely called for are yet necessary to complete the circle, all the parts of which contribute to the improvement of the the vote shall be taken. count.ry and some of them to its preservation. The subject is now propo ed for Mr. VOORHEES. Say half past 4. the consideration of Congress, because, if approved by the time the State Legis ·Mr. BLAIR. Very well, I will say half past 4 or 5; I am not par latures shall have deliberated on this extension of the Federal trusts, and the laws shall be passed and other arrangements made for their execution, the nec ticular as to the hour. essa ry funds will be on hand and without employment. I suppose an amend Mr. VOORHEES. Half past 4 will do. . ment to the Constitution, by consent of the States, necessary, because the objects Mr. BLAIR. I ask unanimous consent that at half past 4, on the now recommended are not among those enumerated in the Constitution, and to which it permits the public moneys to be applied. suggestion of the Senator from Indiana, debate upon the bill and pend The present consideration of a national establishment for education, particu ing amendments shall cease, and that the vote shall then be taken. larly, is rendered proper by this circumstance also, that if Congress, approving The PRESIDING OFFICER. The Senator from New Hampshire the proposition, shall yet think it more eligible to found it on a donation of lands, they have it now in their power to endow it with those which will be asks unanimous consent that the debate upon the pending bill shall among the earliest to produce the necessary income. This foundation would cease on Monday at halfpast 4 o'clock, and that the vote shall then be have the advantage of being independent of war, which may suspend other im taken. provements by requiring for its own purposes the resources destined for them. Mr. HARRISON. I should like to aSk the Senator from New Hamp Mr. CALL. Will the Senator from Georgia allow me to reply? shire whether be means that as we reach the various amendments which Mr. BROWN. I will yield for a moment to the Senator from Flor are to be voted upon there is to be absolutely no explanation of them? ida, as the Senators are discussing an important point. Mr. BLAIR. I assumed that by that time the pending amendments. Mr. CALL. I did not intend to be understood as saying that Mr. would probably have been discussed and disposed of, many of them. I Jefferson recommended the establishment by Congress of a system of do not suppose that we shall consume the day until halfpast4 o'clock common-school education in every State then existing. I did say that in discussing the now pending amendment. he proposed to Congress that education should bethesubjectofnational Mr. HALE. We have been for the last two hours now considering aid and national power consistently with the rights of the States and the amendments and voting upon them. power of the States. Mr. BLAIR. Certainly, and disposing of them. Mr. MAXEY. And that Congress should propose an amendment to 1\fr. VOORHEES. When I suggested half past 4 it occurred to me the Constitution for that purpose. that that would be ample time to discuss eacll amendment as it arose, Mr. CALL. He did assert that it was a matter of so much impor and that we should reach a conclusion of the debate on the amendment& tance that the Constitution should be amended. The difference be and on the bill by that time. tween these gentlemen and myself and others is that they assert that · Mr. HARRISON. But, if my colleague will excuse me, we may not consistently with the power of the States, not interfering with their reach an amendment at all until half past 4; the entire time may be autonomy, their right to control this fund, the mere donation by Con taken up in general debate on the bill. Then we shall come to the gress would be subversive of the governments and destructive of the amendments, and while I do not want to make any speech on the bill, powers of the States. That is the difference. There is their inconsist I do not want to be hampered by an agreement that would prevent me ency. from making a brief explanation of my reasons for proposing a particu Mr. BROWN. Mr. President-- lar amendmP.nt. MI. BUTLER. Will the Senator from Georgia yield to a motion to Mr. VOORHEES. I would not interfere with any Senator's right to adjourn? do that. Mr. LOGAN and Mr. MILLER, of California. Let us have an ex Mr. HALE. Then let me make a suggestion, that at 2 o'clock on ecutive session. Monday all general debate shall cease upon the bill; that after that Mr. BLAIR. I hope that neither of those motions will be made, or hour debate upon the amendments shall be under the five-minute rule; certainly if made that they will be voted down. and that the vote shall be taken upon any pending amep.dments and Mr. BUTLER. We are a good deal mixed in our views on the Con upon the bill at 4 o'clock. stitution, and I thought perhaps by next Monday morning we could, Mr. BLAIR. At half past 4. to use a common phrase, " straighten out" a little. Therefore I hope Mr. HALE. Half past 4. the Senator fr(lm Georgia will yield to a motion to adjourn. Mr. BLAIR. Would that be satisfactory to the Senator from In Mr. BLAIR. I hope the Senate will not adjourn. diana [Mr. VOORHEES)? Mr. ALLISON. We have done a very good day's work to-day. Mr. HALE. The Senator from New Hampshire will move m take The PRESIDING OFFICER (1\Ir. PLATT in the chair). Does the up the bill the first thing after the routine morning busin~. Senator from Georgia yield to the Senator from South Carolina? 1rlr. VOORHEES. It is perhaps du~ to myself to say this much. I Mr. BROWN. If it is the desire of the Senate to adjourn, I shall had intended to make some remarks upon the bill and give my reasons yield and take the floor on Monday. why I favored its general principles, why I thought it was a wise, Mr. BUTLER. At the suggestion of the Senator from Tilinois and beneficent, and patriotic movement in the right direction. I refrained the Senator from California I will change the motion, and will move from doing so this afternoon when I might have done it for the pur that the Senate proceed to the consideration of executive business. pose of allowing a vote, if possible, to be reached this evening, and I 1884. CONGRESSIONAL RECORD-HOUSE. 2649 would stay here for that purpose and abstain from making any re understand it. If I understand.the colloquy that I have.just heard marks at all. At the same time, if the character of debate which has between the Senatot: from Maine [Mr. HALE] and the Senator from been indulged in here this afternoon on my own side of the Chamber New Hampshire [Mr. BLAIR], it is understood that immediately after is to be continued I would not quite wish discussion on the amendments the educational bill is disposed of some other special order comes up. to be confined to five minutes. There has not been a fair opportwrlty Mr. BLAIR. Not at all; I did not understanditso. It depends on yet to reply to some things that have fallen from Senators on this side the will of the Senate. ofthe Chamber in the last half or three-quarters ofan hour, and I would Mr. HALE. I shall move to take up the naval appropriation bill. not wish the five-minute rule to apply from and aftff 2 o'clock ·on Mr. RIDDLEBERGER. Then I am not disposed to put all the busi Monday. ness of the Senate in that shape. The PRESIDING OFFICER. Does the Senator from New Hamp Mr. HOAR. It is in that shape now. The Senator from Maine can shire modify his proposition? at this moment move to take up the appropriation bill if he wanted to, Mr. BLAIR. I ask- or at any other time. I understand that if this consent is given, after Mr. BUTLER. If the Senator from New Hampshire will permit me the educational bill is out of the way the Chair would lay before the to make a suggestion, I will make this suggestion to the Senator from Senate the next matter in order. Then the Senator from Maine would New Hampshire, that all long speeches shall cease after half past 4 move to lay it aside, or whatever way he chose, in order to take up o'clock. the appropriation bilL Mr. LOGAN. I would amend that by agreeing to withdraw the Mr. HALE. All the business is before the Senate after this bill is Constitution from the debate and then the debate will cease. disposed of, and is of course entirely in the hands of the Senate. Some Mr. BUTLER. I do not know but that I should be willing to ac motion would be made by somebody or other to proceed to the consid cept that amendment. eration of a bill. I will say to the Senator from Virginia that what Mr. BLAIR. I am under great obligation to both Senators, but I shall be done when the pending bill is disposed of is not involved in do not think I can make the proposition. the understanding now sought to be made. Whenever this bill is Mr. ALLISON. I suggest, in deference to the views oftheSenator through the measure will come up afterward that the Senate may de from New Hampshire, that at 3 o'clock on Monday general debate upon cide to take up. the bill shall cease, and that afterward the amendments shall be con The PRESIDING OFFICER. Is there objection to the proposition sidered under what is known as the five-minute rule, and the bill be of the Senator from Iowa as stated by the Chair? disposed of before the adjournment on Monday. Then we shall have the l\fr. RIDDLEBERGER. The only purpose I could have had in bill in hand. making any objection was to try to get this bill to a vote to-night and Mr. BUTLER. I suggest 4 o'clock. It would be hardly fair to cut have it disposed of in some way. There are some other matters press off the Senator from Indiana [Mr. VooRHEES] and the Senator from ing for attention, and I thought I would object to a postponement un Georgia [Mr. BROWN]. til Monday. Still, out of deference to the wishes of Senators, I will Mr. VOORHEES. Will the Senator from Iowa restate his proposi withdraw the objection. tion? I did not understand it. The PRESIDING OFFICER. The Chair hears no objection. Mr. ALLISON. I suggest that at 3 o'clock on Monday what is Mr. BUTLER. Then I move that the Senate proceed to the consid known as general d~bate on the bill shall cease. eration of executive business. Mr. VOORHEES. That is right. The motion was agreed to; and the Senate proceeded to the consid Mr. ALLISON. And that afterward amendments shall be consid eration ofexecutive business. After five minutes spent in executive ses ered under the five-minute rule, limiting us all, and that we shall vote sion the doo1s were reopened, and (at 5 o'clock and 41 minutes p. m.) finally on the bill on Monday before a-djournment. the Senate adjourned. " Mr. VOORHEES. That is so entirely satisfactory that I intended to make that proposition myself. Mr. HARRISON. Do I understand the Senator when he speaks of the five-minute rule to mean the rule by which Senators shall speak HOUSE OF REPRESENTATIVES. but once and but for five minutes? S.A.'l'URD.A. Y, .April 5, 1884. Mr. ALLISON. I mean the five-minute rule that we adopt in the consideration of appropriation bills, which is that a Senator may offer TheHouse met at 12 o'clock m. Prayer by the Chaplain, Rev. JoHN an amendment and explain it. · S. LINDSAY, D. D. Mr. HARRISON. The Senator from Massachusetts tells me that un The Journal of yesterday's proceedings was rea-d and approved. der that rule a Senator may speak as often as he pleases, though but LEAVE OF ABSENCE. for five minutes each time. By unanimous consent, leave of absence was granted as follows: Mr. ALLISON. Yes, sir. To Mr. TALBOT!', until Monday next. The PRESIDING OFFICER. The Chair will state the proposition of To Mr. PEELLE, of Indiana, until Monday. the Senator from Iowa. It is that there shall be unanimous consent To Mr. JoHNSON, until Tuesday, AprilS. that all general debate on the bill shall cease at 3 o'clock on Monday, To Mr. FOLLETT, for ten days from to-day, on account of importan~ and that the amendments shall be considered after that hour under the business. five-minute rule, and the bill be disposed of on Monday. To Mr. TuCKER, for two days. Mr. VOORHEES. At half past 4. Mr. ALLISON. Before adjournment. DAILY HOUR OF ?t!EETING. The PRESIDING OFFICER. Before adjournment. Mr. BUCKNER. I desire, Mr. Speaker, to submit a privileged mo- Mr. VOORHEES. I understood the proposition to be that general tion for reference to the Committee on Ways and Means. debate shall close at 3 o'clock, and that amendments shall be considered The SPEAKER. The resolution will be read. from that time until half past 4, when the vote shall be taken. The Clerk read as follows: Mr. ALLISON. No; no time is fixed for the final vote. ResoWed, That. on and after the 14th day of .April, 1884, the hour of daily meet The PRESIDING OFFICER. According to the understanding of ing of the House for this session be 11 o'clock a. m. the Chair, the proposition is that the vote shall be taken on Monday, The resolution was referred to the Committee on Ways and Means. without any limitation as to the time when the vote shall be taken. COAST-LINE WATER WAY, .ATLANTIC .AND GULF SE.A..BOARD. Mr. VOORHEES. That is all right. Mr. GOFF. Mr. Speaker, I am instructed to submit a privileged re The PRESIDING OFFICER. Is there objection? port from the Committee on Naval Affairs. I am directed by the Com Mr. RIDDLEBERGER. I object. mittee on Naval Affairs to report back the following resolution, referred -· Mr. BLAIR. Let the Chair state the proposition again. to that committee, and recommend its adoption. The PRESIDING OFFICER. The Chair understands the proposi The SPEAKER. The resolution will be read. tion to be that on Monday general debate on the bill shall cease at The Clerk rea-d as follows: 3 o'clock; that amendments shall then be considered under the five Resowed, That. the Secretary of the Navy and the Secretary of War be, and minute rule, and the bill be disposed of during the day. they are hereby, requested to report to this House, at. the earliest. day practica Mr. HARRIS. The five-minute rule referred to is the five-minute ble, upon the feasibility and expediency of constructing an interior coast-line or rule under Rule VIII, I suppose, which is that each Senator may spea1r water ways for the defense of the Atlantic and Gulf seaboard, together with an five minutes on the same question, and but once. outline of the plan of the same and a general estimate of the cost thereof. The PRESIDING OFFICER. The Chair does not so understand the Mr. COX, of North Carolina. Is that a privileged report? proposition. The Chair understands the proposition to be the five-min The SPEAKER. It is a resolution of inquiry referred to the Com- ute rule usually adopted on appropriation bills. mittee on Naval Affairs and reported back by them. Mr. ALLISON. Yes; that is my proposition. The question is on the adoption of the resolution. Mr. BLAIR. Then I give notice that I shall move to take up the The resolution was agreed to. educational bill immediately after the conclusion of the morning busi l\lr. GOFF moved to reconsider the vote by which the resolution was ness on Monday. adopted; and also moved that the motion to reconsider be laid on the The PRESIDING OFFICER. Is there objection? table. Mr. RIDDLEBERGER. I did object; but I may not object if I can The latter motion was agreed to.