456 CONGRESSIONAL REOORD-SENATE. JANuARY 5, pension to Henry Edwards; also, paper to accompany bill grant­ By Mr. REEDER: Papers to accompany bill for the relief of ing a pension to Caswell P. Ford-to the Committee on Invalid Alvin W. Harper-to the Committee on War Claims. Pensions. Also, paper to accompany bill granting increase of pension to By Mr. CANNON: Petition of Mozart Lodge, of Erie, Pa., and Benjamin Shaffer-to the Committee on Invalid Pensions. 349 similar societies of German-Americans, protesting against By Mr. ROBERTS: Papers to accompany bill H. R. 8249. grant­ legislation subjecting articl_es of interstate commerce in the origi­ ing an increase of pension to Oliver Farrington; also, papers to . nal package to State legislation-to the Committee on the Judi­ accompany bill H. R. 8239, granting a pension to Sarah E. Hol­ ciary. brook-to the Committee on Invalid Pensions. By Mr. CA.SSINGHAM: Papers to accompany bill H. R. 2554, Also, papers to accompany bill granting an increase of pension granting a pension to Belle Wells; also, papers to accompany bill to Charles H. Jackson; also, papers to accompany bill granting H. R. 7355; granting an increase of pension to Henry Barrett; an increase of pension to Joseph H. Richardson-to the Commit­ also, papers to accompany bill H. R. 2557, granting an increase of tee on Invalid Pensions. pension to James Carr-to the Committee on Invalid Pensions. Also, papers to accompany bill granting increase of pension to By Mr. FLACK: Papers to accompany bill H. R. 8359, to cor­ Benjamin Pitman; also, papers to accompany bill granting pen­ rect military record of Edward Minnie-to the Committee on sion to Ellen J. Tuttle-to the Committee on Invalid Pensions. Military Affairs. By Mr. WM. ALDEN SMITH: Petition of Iron Molders' Also, papers to accompany bill granting increase of pension to Union No. 31, of Grand Rapids, Mich., in favor of an eight-hour Mary E. Bonesteel-to the Committee on Pensions. law and the anti-injunction bill-to the Committee on Labor. By Mr. HEMENWAY: Petition of Stone River Post, No. 65, Also, concurrent resolution of Michigan legislature, favoring Grand Arniy of the Republic, of Frankfort, Ind.; also, petition the erection of a monument in Arlington National Cemetery to of 1;3~ce Post, No. 273, Grand Army of the Republic; also, peti­ the memory of Capt. Charles Vernon-Gridley-to he Committee tion of Joseph Siscel and others; also, petition of Major Henry on the Library. · Post, Grand Army of the Republic, of Pendleton, Ind.; also, By Mr. SPERRY: Petition of the locomotive engineers of the petition of Royal Center (Ind.) Post, Grand Army of the Repub­ civil war, asking for pension-to the Committee on Invalid Pen­ lic; also, petition of General Willich Post, No. 543, Grand Army sions. of the Republic, of Haubstadt, Ind.; also, petition of Fort Wagner Also, resolution of the Connecticut Civil Service Reform Asso-· Post, No. 581, Grand Army of the Republic, of Evansville, Ind.; ciation, favoring reform in the consular service-to the Commit­ also, petition of Harter Post, No. 256, Grand Army of the Re­ tee on Foreign Affairs. public, favoring the passage of the Hemenway service-pension By Mr. WILEY of_New Jersey: Papers to accompany bill H. R. bill-to the Committee on Invalid Pensions. 4457, granting an increase of pension to Mary E. Meldrum-to By Mr. HILL of Connecticut: Memorial of the Irish Language the Committee on Invalid Pensions. Society of Br1dgeport, Conn., in behalf of bill H. R. 62, for the erection of a· monument to the memory of Commodor~ John Barry, United States Navy-to the Committee on the Libr,ary. SENATE. By Mr. HINSHAW: Petition of Holland Post, No. 75, Grand Army of the Republic, Department of Nebraska, favoring.passage TUESDAY, January 5, 1901,. of a service-pension bill-to the Committee on Invalid Pensions. Prayer by the Chaplain, Rev. EDWARD EVERETT HALE, D. D. Also, papers to accompany bill H. R. 4222-tothe Committee on Mr. JAMES P. CLARKE, a Senator from the State of Arkansas, Military_Affairs. · appeared in his seat to-day. · · Also, resolution of John Brown Post, Exeter, Department of Nebraska, favoring the passage of bill H. R. 4067, for service The Secretary proceeded to read the Journal of yesterday s pro­ pension-to the Committee on Invalid Pensions. . ceedings, when, on request of Mr. PENROSE, and by unanimous • ·Also. papers to accompany bill H. R. 1483, to increase pension consent, the further reading was dispensed with . of J. W. Black-to the Committee on Invalid Pensions. The PRESIDENT pro tempore. The Journal will stand ap­ Also, papers to accompany bill to pension H. F. E. Schroer- proved, if there be no objectio!l. It is approved. to the Committee on Invalid Pensions. . RENTAL OF BUILDINGS. Also, papers to accompany bill H. R. 4939, to increase pension The PRESIDENT pro tempore laid before the Senate a commu­ of Rutson J. Bullock-to the Committee on Invalid Pensions. nication from the Public Printer, transmitting, in response to a By Mr. KNAPP: Petition of the board of supervisors of the resolution of the 17th ultimo, a statement of the quarters and county of Lewis, N.Y.; resolutions adopted by the board of su­ buildings rented by the Government Printing Office in the Dist:ict pervisors of Oswego County, N.Y., and petition of the Farmers' of Columbia and.the annual rental in each case; which, with the Institute of-Lewis County, N.Y., fayoring the B1·ownlow good- accompanying paper, was referred to the Committee on Public roads bill-=-to the Committee on Agriculture. . Buildings and Grounds, and ordered to be printed. Also, petition of W. B. Wait Post, No. 581, Grand Army of the FINDINGS BY THE COURT OF CLAJMS. Republic, of New York, for a general service-pension law; also, papers to accompany bill granting ari increase of pension to Wil­ · The PRESIDENT pro tempore laid before the Senate a com­ liam P. Kinney-to the Committee on Invalid Pensions. munication from .the assistant c1erk of the Court of Claims, trans~ By Mr. LACEY: Papers to a~company bill granting increase of mitting a certified copy of the findings filed by the court in the pension to Alexander E. Fine-to the Committee on Invalid Pen­ cause of E. L. Brien, administrator of Ann Lum, deceased, v. The sions. United States; which, with the accompanying paper, was referred .Also, petition of citizens of Blakesburg, Iowa, asking for relief to the Committee on Claims, and ordered to be printed. . of military telegraph operators in the civil war-to the Commit- He also laid before the Senate a communication from the as­ tee on Military Affairs. · sistant clerk of the Court of Claims, transmitting a certified copy Also, resolution of the Massachusetts Forestry Association, fa­ of the findings filed by the court in the cause of John A. Johnson, voring the preservation of the big trees in California-to the Com­ administrator. of Maria Johnson and Sarah E. Ware, deceased, v. mittee on the Public Lands. The United States; which, with the accompanying paper, was re­ . · Also, resolution of Grain Dealers' National Association, at ferred to the Committee on Claims, and ordered to be printed . Minneapolis, Minn., in opposition to the McCumber bill, S. 199- PETITIONS AND MEMORIALS. to the Committee on Interstate and Foreign Commerce. The PRESIDENT pro tempore presented a petition of the Also, resolutions of Retail Implement Dealers' Association of Honolulu Trades and Labor Council, American Federation of South Dakota, in opposition to parcel-post bill and relative to Labor, of Honolulu, Hawaii, praying for the ~nactment of legis­ other measures-to the Committee on the Post-Office and Post- lation to prohibit the employment of Asiatic and noncitizen labor Roads. · on all public work done under contract for the Federal Govern­ By Mr. MAHON: Resolution to pay a sum equal to six months' ment in that Territory; which was referred to the Committee on salary to Eliza Deardorff, widow of John w, Deardorff-to the Education and Labor. Committee on Accounts. He also presented petitions of sundry citizens of Mill Brook, · By Mr. MURDOCK: Petition of Sherman Post, No. 30, Grand Pa.; of the congregation of the Methodist Episcopal Church of Army of the Republic, Department of Kansas, favoring a service­ Mountain Grove, Mo.; of the Ladies' Centennial Book Club, of pension law-to the Committee on Invalid Pensions. Ottawa. Ohio; of the Woman's Home Missionary Society of Ro­ . By Mr. PORTER: Paper to accompany bill granting increase chelle, ill., and of the congregation of the First Baptist Church of pension to William H. H. Chester; also, papers to accompany of Chetopa, Kans., praying for an investigation of the charges bill granting increase of pension to John Gangwisch-to the Com- made and filed against Hon. REED SMOOT, a Senator from the mittee on Invalid Pensions. - State of Utah; which were referred to the Committee on Privi­ Also. petition of residents of Pittsburg, Pa., against sale of leges and Elections. liquor in public buildings and Soldiers' Homes, etc.-to the Com­ He also presented memorials of the Germania Verein of West mittee on Alcoholic Liquor Traffic. Side; of the Turn Verein of Elkader; of Lodge No.2, of Sioux 1904. CONGRESSIONAL RECORD-SENATE. 457

City; of Lodge No.7, of Charter Oak; of the Grand Lodge of the Spokane; of Lodge No. 12, of Walla Walla; of Harmonia Lodge, Sons of Hermann, of Sioux City, and of the Germania :V erein of of Chehalis; of Lodge No. 11, of Uniontown~ and of the German Minden, all in the State of Iowa; of the Maennerchor Lodge of Society of Fairhaven, all in the State of Washington; of the Moltke Memphis, and of the Gruetli Verein of Memphis, in the State of LodgeNo. 19, of Livingston, Mont.; of the Turn Verein of Topeka; Tennessee; of Lodge No. 46, of New Orlean1:1; of Lodge No.1, of of the Harmonia Lodge, of St. Marys, and of Lodge No. 6, of To­ New Orleans; of the German Benevolent Association, of New Or­ peka, all in the State of Kansas; of Lodge No.4, of Grand Rapids; leans; of the Deutscher Militaer Verein, of New Orleans, and of of Lodge No. 17, of Grand Rapids; of Lodge No. 171, of Grand the Turn Verein of New Orleans, all in the State of Louisiana; Rapids; of the Turn Verein of Grand Rapids, and of the Gar­ of the Baden Sick Benefit Society, of Kansas City; of the German mania Maennerchor of Grand Rapids, all in the State of Michigan; Workingman Benevolent Society, of Kansas City; of the German of Schiller Lodge No.1, of Salt Lake City, Utah; of Koerner Hospital Association, of Kansas City; of tlie German-American Lodge, No.3, of Richmond, Va.; of the Grand Lodge of the Sons Pioneer Society, of Sedalia; of the California Saengerbund, of Cal­ of Hermann of San Francisco; of the Concordia Turn Verein. of ., ifornia, and of the Schweizer Verein of Hermann, all in the State of San Diego, and of Lodge No. 22, of San Diego, in the State of Cal­ Missouri; of the German Library Association, of Wilmington, ifornia, remonstrating · against the enactment of legislation to Del.; of Lodge No. 56, of Janesville; of Lodge No. 49, of Wells; of regulate the interstate transportation of intoxicating liquors; Lodge No. 31, of Minneapolis; of Lodge No. 5, of Ceylon; of Lodge which were referred to the Committee on the Judiciary. No.16, of St. Paul; of Lodge No.3, of Stillwater; of Lodge No. Mr. SMOOT presented a petition of the Weber Club and the 61, of Owatoma; of Lodge No.7, of Lake City; of Lodge No. 48, Business Men's Association of Ogden, Utah, praying for the en­ of Hutchinson; of Lodge No. 10, of Chaska; of Lodge No. 21, of actment of legislation to improve the American merchant marine; New ffim; of Lodge No. 30, of St. Paul; of Lodge No. 54, of which was referred to the Committee on Commerce. Wadena; of Lodge No.1, of St. Paul; of Lodge No. 27,of Minne­ Mr. BURROW&presented petitions of the Benjamin Woman's · apolis, and of Lodge No. 52, of North St. Paul, all in the State of Christian Temperance Union, of Grand Rapids; of the Woman's· Minnesota; of the St. Michaels Society, of Fond du Lac; of the Home and Foreign Missionary Society of the Immanuel Presby­ Maennerchor Teutonia, of Mayville; of Lodge No. 112, of Fond terian Church, of Grand Rapids; of the congregation of the For­ du Lac; of the Maennerchor Lodge of ~a Crosse; of Lodge No. est Avenue Presbyterian Church, of Detroit; of the Woman's 15, of Mayville, and of the Eighth Ward Aid Society, of La Crosse, Home Missionary Society of the Presbytery of Detroit; of the all in the State of Wisconsin; of Lodge No.8, of Denver; of the Woman's Club of Lansing; of the Lakeside Club of Manistee; of Turn Verein of Leadville; of Lodge No. 1, of Denver, and of Lodge the Woman's Missionary Society of Lapeer; of the congregation· No. 585, of Denver, all in the State of Colorado; of the Zoellner Maen­ of the Second Avenue Presbyterian Church, of Detroit; of the nerchor, of Buffalo; of the Gesang Verein of Utica; of the German Fairbanks Woman's Relief Corps, of Detroit; of the Louisa St. Club, of Troy; ·of the German Hall Association, of Troy; of Lodge Clair Chapter, Daughters of the American Revolution, of Detroit, No. 234, of Buffalo; of the German Veteran Society, of Albany; all in the State of Michigan, and of sundry ministers of the Metho­ of Lodge No. 437, of Utica; of Lodge No. 594, of Buffalo; of the dist Episcopal Church· of Washington, D. C., praying for an in­ Garfield Benevolent Association, of Buffalo; of Lodge No. 137, of vestigation of. the charges made and filed against Ron. REED Buffalo; of the Turn Verein of Rochester; of Lodge No. 1, of SMOOT, a Senator from the State of Utah; which were referred to Buffalo; of Lodge No. 298 of Buffalo; of Lodge No. 598, of Buf­ the Committee on Privileges and Elections. falo; of the St. Joseph's Verein, of Albany; of Lodge No. 521, of Mr. NELSON presented memorials of the Sailors' Union of the Buffalo; of the German Young Men's Association, of Buffalo; of Pacific, of Seattle, Wash.; of the Sailors' Union of the Pacific, of Lodge No. 163, of Buffalo; of -the Maenner Quartette, of Troy; of Portland! Oreg., and of the Sailors' Union of the Pacific, of Port Lodge No. 35, of Buffalo; of Lodge No. 116, of Troy; of Lodge Townsend, Wash., remonstrating against the enactment of legis­ No. 7, of Buffalo; of Lodge No. 11, of Albany; of Lodge No. lation relating to allotments of seamen's wages; which were re­ 110, of Albany; of the Turn Verein of Rochester, and of Lodge ferred to the Committee on ·commerce. No. 676, of Buffalo, all in the State of New York; of Lodge No. Mr. DUBOIS presented petitions of the Coeur d'Alene Treble 5, of Lawrence; of the Turn Verein of Westfield; of Lodge No. Clef, of Wallace, and of sundry citizens of Weiser, Idaho, pray­ 299, of Turners Falls; of Lodge No. 110, of Lawrence; of Lodge ing for an investigation of the charges made and filed against the No. 601, of Athol; of Lodge No.1, of Holyoke; of the German Ron. REED SMOOT, a Senator from the State of Utah; which were Spirit11al Society, of Lawrence; of.the Gesang Verein of Law­ referred to the Committee-on' Privileges and Elections. rence;· of the Turn Verein of Springfield; of the Gymnastic Club, Mr. BEVERIDGE presented petitions of the congregation of of Holyoke; of the Turn Verein of Clinton; of the Singing So­ the Bethany Presbyterian Church, of Fort Wayne; of the con­ ciety of Lawrence; of Lodge No. 255, of Greenfield; of Lodge gregation of the- Presbyterian Church of Newtown; of the Deer No.7, of Turners Falls, and of Lodge No.2, of Adams, all in the Creek Monthly Meeting of Friends; of the Woman's Home and State of Massachusetts; of the Lafayette Rosa Company, of Egg Foreign Missionary Society of the First Presbyterian Church of Harbor; of Lodge No~ 44, of Egg Harbor; of the Singing Society Indianapolis; of the Missionary Society of the· Presbyterian of Egg Harbor; of Lodge No. 119, of Egg Harbor; of Lodge No. Church of Vincennes; of the congregation of the First Presbyte- · 228, of Somerville, and of the German-American Central Verein, rian Church of Jeffersonville; of the Young Woman's Missionary of Newark, all in the State of New Jersey; of Lodge No. 84, of Society of the Second- Presbyterian Church of Indianapolis; of Evansville; of Lodge No. 49, of Evansville; of Lodge No. 464, of sundry citizens of Salem, and of the Woman's Christian Temper­ Evansville; of the Central Turn Verein, of Evansville; of the Wal­ ance Union of Valparaiso, all in the State of Indiana, praying for ther League, of Fort Wayne; of the German Benevolent Associ­ an investigation of the charges made and filed against the Hon. ation, of New Albany; of Lodge No. 355, of New Albany, of the REED SMOOT, a Senator from the State of Utah; which were re­ Turn Verein of Fort Wayne; of the German Benevolent Society, ferred to the Committee on Privileges and Elections. of Wabash; of the Saengerbund Lodge of Hammond, and of the Mr. HOPKINS presented a petition of 30 citizens of Rockford, German Federation of Indianapolis, all in the State of Indiana; ill., praying for the passage of the so-called McCumber bill to of the Deutscher KriegerVerein, of Quincy; of Lodge No. 138, of prohibit the sale of intoxicating liquors in all Government build­ Belleville; of the Singing Society of East St. Louis; of the Singing ings; which was referred to the Committee on Public Buildings Society of Belleville; of Lodge No: 1, of Belleville; of the Ger­ and Grounds. mania Society of Freeport, and of the Turn Verein of Belleville. He also presented petitions of 103 citizens of Paxton; of 39 citi­ all in the State of illinois; of the Turn Verein o! Grand Island; of zens of Kirkwood: of .51 citizens o_f Minonk; of 16 citizens of t!:J.e Orpheus Society of Columbus; of Lodge No. 8, of Bloomfield; Princeton; of theWoman's Christian Temperance Union of Gales­ of Lodge No. 7, of Hooper; of the Turn Verein of Omaha; of Lodge burg; of the Woman's Christian Temperance Union of Prophets­ No. 12, of Columbus; of the Maennerchor of Columbus; of Lodge town; of the congregations of the First Congregational Church No. 14, of Humphrey, and of the Germania Verein of Grand Island, of Woodstock and the Methodist Episcopal Church of Woodstock; all in the State of Nebraska; of the Knights of the Golden Eagle of of 21 citizens of Woodstock; of the congregation of the First Scranton; of Lodge No. 139, of Erie; of Lodge No. 18, of Phila­ Presbyterian Church of Woodstock; of the Woman's Christian delphia; of the Leiderkranz Lodge of Reading; of the Prospect Temperance Union of Woodstock; of the .congregations of the Employees' Relief Association, of Philadelphia; of Lodge No.1, First Baptist Church of Woodstock and the Pre3byterian Church of Philadelphia; . of the German Hancock Benevolent Association, of Sheldon; of 17 citizens of Hancock County; of the Illinois Bap­ of Philadelphia; of the Junger Maennerchor of Philadelphia; of tist General Association, of Chicago; of 2,000 citizens of Cook Lodge No. 1,of Philadelphia; of the Maennerchor Lodge of Phil­ and adjacent counties; of the Woman's Christian Temperance adelphja; of the Turn Bezrik of Philadelphia: of Lodge No. 203, Union of Laclede; of the Woman's Christian Temperance Union of Philadelphia; of Lodge No. 37, of Philadelphia; of the Bene­ of EvanstOn; · of the Springfield Baptist Association, of Pleasant ficial Society No. 1~ of Philadelphia; of Lodge No. 1012, of Phila­ Plains; of the Synod of Illinois. of Kirkwood; of 11 citizens of St. delphia; of the Beneficial Society No.2, of Philadelphia; of Lodge Charles; of the congregation of the First Congregational Church No. 30. of Philadelphia: of Lodge No. 290, of Erie, and pf the of Wheaton; of the Woman's Christian Temperance Union of Turn Verein No. 1. of Philadelphia, all in the State of Pennsyl­ Harvard; of the congregation of the First Presbyteria.n Church of f vania; of the St. Joseph Veruin, of Spokane; of Lodge No.9, of Austin; of the Woman's Club of Cairo; of the Woman's Christian ·' 458 CONGRESSIONAL RECORD-SENATE. JANUARY 5,

Temperance Union of Langham; of the Woman's Ohristian with the accompanying papers, referred to the Committee on the Temperance Union of Belvidere; of the Woman's Christian Tem- Jndiciary. paranee Union of Verona, and of the congregation of the Metho- Mr. PERKINS introduced a bill (S. 3016) making an appropri­ dist Episcopal Church of Lostant, all in the State of Dlinois~ ation for the erection of a permanent rostrum in the national praying for an investigation of the charges made and £led against cemetery at the Presidio, San Francisco Cal.; which was read Hon. REED SMOOT, a Senator from the State of Utah; which were twice by its title, and referred to the Committee on Military referred to the Committee on Privileges and Elections. Affairs. Mr. QUAY presented a petition of the congregation of the Mr. HEYBURN introduced a bill (S. 3017) granting a pension Methodist Episcopal Church of Espyville, Pa., and a J>etition of to Justin H. Wixom; which was read twice by its title, and, with sundry citizens of Clifton Heights and Alden, Pa., praying for an the accompanying paper, referred to the Committee on Pensions. investigation of the charges made and filed against Hon. REED He also intl'Odnced a bill (S. 3018) granting an increase of pen­ SMOOT, a Senator from the State of Utah; which were referred to sion to George W. Sullivan; which was read twice by its title, the Committee on Pdvileges and Elections. and, with the accompanying papers, referred to the Committee Mr. FRYE presented a petition of Grarid Lodge, Brotherhood on Pensions. of Railroad Trainmen, praying-that the Department of Labor be Mr. BEVERIDGE introduced the following bills; which were made a separate and distinct department; which was referred to severally read twice by their titles, and referred to the Commit- the Committee on Education and Labor. tee on Pensions: He also presented a memorial of the Shipowners' Association of A bill (S. 3019) granting an increase of pension to Charles the Pacific Coast, and a memorial of the Lake Seamen's Union, Sweet (with an accompanying paper); remonstrating against the enactment of legislation relating to A bill (S. 3020) granting an inc:rea e of pension to Theodore 0. allotments of seamen's wages; which were :referred to the Com- Winans (with accompanying papers) ; mittee on Comme1·ce. _ A bill (S. 3021) granting an increase of pension to Samuel B. He also presented a petition of Grand Lodge, Brotherhood of Davis (with accomiJanying papers); Railroad Trainmen, praying for the passage of the so-called Hoar A bill (S. 3022) granting a pension to John S. Richie (with ac- anti-injunction bill; which was referred to the Committee on the companying papers); Judiciary. A bill (S. 3023) granting an increase of pension to Sanford S. He also presented a petition of Grand Lodge, Brotherhood of Henderson (with accompanying papets); Railroad ~rainmen, praying for the enactment of legislation A bill (S. 3024) granting an increase of pension to Francis H. making common carriers engaged in interstate commerce liable Chm·chill; to their employees for injuries, etc.; which was referred to the A bill (S. 3025) gran-ting an increase of pension to Lewis Crider Committee on Interstate Commerce. (with accompanying papers); · He also presented a petition of Grand Lodge, Brotherhood of A bill (S. 3026) granting an increase of pension to Mary Fields; Railroad Trainmen, praying for the enactment of more stringent A bill (S. 3027) granting an increase of pension to Joseph P. immigration laws; which was referred to the Committee on Pnllis (with an accompanying paper); and lmmigt·ation. · A bill (S. 3028) granting an increase of pension to Aaron H. REPORTS OF COMMITTEE ON CLAIMS, W=LODGE introduced a bill (S. s029) gran~g a pension to Mr. WARREN, from the Committee on Claims, to who~p. were Margaret French; which was read twice by its title, an~ with referred the following bills, asked to be discharged from their the accompanying paper, referred to the Committee on Pensions. further consideration, and that they be referred to the Committee He also introduced a bill (S. 3030) granting a pension to Charles on Pensions; which was agreed to: 0. Fargo; which was read twice by its title, and, with the accom- A bill (S. 2843) for the relief of Joshua Jenkins; and panying paper, referred to the Committee on Pensions. A bill (S. 2340) for the relief of the estate of the late John Erb. Mr. BURROWS introduced a bill (S. 3031) granting an in01·ease Mr. WARREN, from the Committee on Claims, to whom were of pension to Jane E. Lnsha: which was read twice hy its title, referred the following bills, asked to be discharged from their and referred to the Committee on Pensions. ~ further consideration, and thqt they be referred to the Committee He also introduced a bill (S. 3032) to authorize the appointment on :Military Affairs; which was agreed to: of Creighton Churchill, now an ensign on the retired list of the A bill (S. 234:2) for the relief of Theodore D. McCaddon; Navy, a lieutenant on the active list of the Navy; which was read A bill (S. 2343) for the relief of James McElroy; and twice by its title. and referred to the Committee on Naval Affairs. A bill (S. 1439) for the relief of Andrew A. Kelly. He also introduced a bill (S. 3033) granting an increase of pen- BILLS INTRODUCED. sion to Charles B~ Williams; which was read twice by its title, and referred to the Committee on Pensions. Mr. SCOTT introduced a bill (S. 3005) for the relief of the trus- He also introduced a bill (S. 3034) to fix the compensation of tees of the Presbyterian Church of Beverly, W.Va.; which was criers and bailiffs in the United States courts; which was read read twice by its title, and referred to the Committee on Claims. twice by its title, and referred to the Committee on the Judiciary. Heal o introduced a bill (S. 3006) for the relief of the trustees Mr. MITCHELL introduced a bill (S. 3035) to amend an act of the Presbyterian Church ofHardyConnty, W.Va.; which was entitled "An act making further provision for a civil government read twice by its title, and referred to the Committee on Claims. for Alaska,andfo:rother purposes," approvedJune6, 1900; which He also introduced a bill (S. 3007) for the relief of MaramonA. was read twice by its tit~ e, and referred to the Committee on Martin, late private of Company A, Sixth Regiment West Vir- Territories. ginia Volunteer Infantry; which was read twice by its title, and He also introduced a bill (S. 3036) for the protection of the Bnll referred to the Committee on Military Affairs. Run Forest Reserve and the sources of the water supply of the Mr. FAIRBANKS introdnced the following bills; which were city of Portland, State of Oregon; which was read twice by its severally read twice by their titles, and referred to the Commit- title~ and referred to the Committee on Forest Reservations and tee on Pensions: the Protection of Game. A bill (S. 3008) granting an increase ·or pension to John R. Mr. FRYE introduced a bill (S. 3037) to authorize the Presi- McMannomy (with accompanying papers); dent of the United States to appoint Wilson B. Strong captain A bill (S. 3009) granting an increase of pension to James and quartermaster in the Army; which was. read twice by its Devor; title, and referred to the Committee on Military Affairs. A bill (S. 3010) granting a pension to Malinda Householder Mr. McCREARY introduced the following bills; which were (with an a.ccompanying paper); and seveTally read twice by their titles, and referred to the Commit- A bill (8. 3011) granting a pension to William F. Bunger (with tee on Pensions: a.ccompanying papers). A bill (S. 3038) granting an increase of pension to Joseph H. Mr. PENROSE introduced a bill (S. 3012) to correct the mill- Kennedy; and tary record of Patrick O'Connor, alias Patrick Kennedy; which A bill (S. 3039) granting a pension to Edward A. Poag. w read twice by its title, axd, with the accompanying paper, Mr. McCREARY introduced the following bills; which were referred to the Committee on Military Affairs. severally read twice by their titles, and referred to the Commit- He also introduced a bill (8. 3013) granting an increase of pen- tee on Military Affairs: si.on to Randolph Hayman; which was read twice by its title, and A bill (S. 3040) to correct the military record of William Riley; referred to the Committee on Pensions. and He also introduced a bill (S. 3014) to equalize the rank and pay A bill (S. 3041) to correct the military record of Calloway of cert ain 1·etired officers of the Navy; which was read twice by I Taylor. its title, and referred to the Committee on Naval Affairs. Mr. FOSTER of Washington introduced a bill (S. 3042) to He also introduced a bill (S. 3015) to provide for an additional! amenq an act relating to the sale of gas in the District of Colum­ judge of the district ~ourt o~ the United St~tes fo! th~ eastern bi~; which was.rea:d twice by its. title, and referred to the Com- district of Pennsylvania; which was read tWice by 1ts title, and, nnttee on the District of Columbia. . - 1904. CONGRESSIONAL RECORD-SENATE. 459

MILTON STRA.TTA.N-WITHDRA.WA.L OF PAPERS. And again, on page 48 of the same work, Lawrence's note No. On motion of Mr. PENROSE, it was 19, it is said: Ordered, That leave be granted to withdraw from the files of the Senate Before a formal recognition by sending ambassadors and entering into thepapersin the case of Milton Strattan, accompanying Senate bill5527,Fifty­ treaties by foreign powers, there should be a practical cessation of hostilities seventh Congress, first session, c_()p. ies of the same to be left in the files, as on the part of the old state which may long precede the theoretical renuncia­ provided by clause 2 of Rule XXX. tion of her right.c:!, and there should be a consolidation of the new state so far as to be in a condition of maintaining international relations with other PENSIONS TO EX-PRISONERS OF WA.R. countries, an absolute bona fide possession of independence as a separate kingdom, not the enjoyment of perfect and undisturbed tranquillity-a. test On motion of Mr. PENROSE, it was too severe for many of the oldest kingdoms-but there should be the exist­ Ordered That there be printed for the use of the Senate 3,000copies of Sen­ ence of a government acknowledged by the people over whom it is set, and ate bi111716, "Granting pensions to soldiers and sailors confined in so-called ready to prove its responsibility for their conduct when they come in con­ Confederaoo prisons." tact with foreign nations. ' THEATERS, ETC., IN THE DISTRICT OF COLUMBIA. The same doctrine is declared in Historicus 1, page 9, by Sir Mr. HALE submitted the following resolution; which was con­ William Vernon Harcourt, which was published at the time of our sidered by unanimous consent, and agreed to: civil war: · Recognition of the independence of a revolted state is only lawful when Resolved, That the Commissioners of the District of Columbia are directed such independence is de facto established. to ma.ke, as soon as is practicable, a full examination into the condition of all theaters and places of public entertainment in the District of Columbia, in W. E. Hall, who I take it is the first of the English authorities order to see if such theaters and public places are maintained and conducted and one of the most recent on international law, says: ·in accordance with the statutes and regulations of the District of Columbia, and whether or not any such theaters or places of entertainment are going Aru!uming that the recognition of the Spanish-American republics by the on without proper license. The District Commissioners shall make report United States and England may be taken as a typical example of reco&"Dition upon said investigation to the Senate. given upon unimpeachable grounds, and bearing in mind the principle that recognition can not be withheld when it has been earned, it may be said SECESSION OF PANAMA.. generally tha.t- (1) Definitive independence can not be held to be established, and recogni­ The PRESIDENT pro tempore. The morning business is closed. tion is consequently not legitimate. so long as a substantial struggle is being The Chair lays before the Senate a resolution, which will be read maintained by the formerly sovereign state for the recovery of its authority; and that by its title. (2} A mere pretension on the part of the formerly sovereign state or a The SECRETARY. Senate resolution No. 66, submitted by Mr. struggle so inadequate as to offer no reasonable ground for supposing that MoRGAN December 18, 1903, that neither the President, nor the success may ultimately be obtained is not enough to keep alive the rights of the state and so to prevent foreign countries from falliiig under an obliga­ President and the Senate, as the treaty-making power of the tion to recognize as a state the community claiming to have become orie. United Sts.tes, has the lawful power to wage or declare war In a note of Dana's to Wheaton's International Law he says that thE~ teste:! against any foreign power without the consent of Congress, when which should determine the recognition of a foreign state are "the necessi­ ties of the foreign recognizing state and the truth of the facts implied that such country is at peace with the United States, etc. the state treated with was at the time in the condition de facto of an inde­ Mr. LODGE. Mr. President, there is now pending before the pendent state." (Extract and note from W. E. Hall's International Law, Committee on Foreign Relations a treaty with the Republic of Part II. Chap. I, p. 93.) Panama. I have no intention of discussing that treaty or its terms. I will not multiply further citations from writers on interna­ It would be manifestly improper for me to do so, because the terms tional law, for I think it is perfectly clear to anyone who has ex­ and provisions of that treaty must be the subject of discussion in amined the subject that they all unite in the proposition that the executive session. But the events, sir, which led to the making of question of the recognition of a new state, whether formed origi­ that treaty are entirely public. They have been made the subject nally or by separation from another state, is a question for the of much discussion he!e already and of much wider discussion in sole determination of the recognizing power, that it is not neces­ the press of the country. It is in regard to those events I desire sarily in any sense an act of war, and that it may be done with a to speak this morning. strict observance of neutrality. I wish first to say something about ·the general law and the Before coming to the question of recognition, as illustrated by precedents affecting the right and methods of the recognition of a our own law and history and as carried out under our Constitution·, new state. I feel as if I ought to apologize for entering upon are­ I desire to say one single word in regard to a matter which has view of the authorities and the precedents, not merely because the been used somewhat to cloud the question, and that is the intro­ subject is necessarily a dry one, but because all those precedents duction of the theory that because it is a case of secession the and all that law are or ought to be familiar to every member of United States having prevented the secession of a portion of the this body. But there have been so many misstatements in regard States in a great civil war is thereby in some manner debarred to the law and the precedents affecting the right of recognition by from recognizing the independence of a seceding state else­ one country of the independence of another, there has been such where. a cloud of misapprehension resting upon the subject that it has Of course, Mr. President, to anyone who pauses to reflect upon seemed to me impossible to refrain from making some statement it it is obvious at once that practically the only manner in which in regard to it. I shall try to be extremely brief in what I have to a new state can now be formed is by separation. It always must say on that subject, but I wish to bring the authorities together in have been one of the modes in which a new state was formed. such a manner that they can be easily examined by anyone who 'l'herefore recognition must be given constantly to states which takes sufficient interest in the auestion to make such examination. owe their origin to secession from a parent state or from another I think, Mr. President, we may accept it as settled by all the state. writers on international law, as a general proposition, that are­ An effort has been made to show, as I have said, that there is a volted state or colony may under certain circumstances be recog­ glaring inconsistency in our action on Panama. But this view nized as sovereign and independent by a neutral nation without will not bear examination. Although the question of the right of thereby necessarily departing from an attitude of strict neutrality secession under the Constitution was elaborately discussed for or giving just cause of offense to the parent state. The condi­ many years preceding the war, and although that discussion may tions necessary before such a recognition of independence is proper have servP;d a useful purpose and was entirely characteristic of a have been clearly defined by competent authorities. race so fond of law as ourselves, it never to my mind had any Halleck, in his International Law, says: very real significance. The right of secession in its essence has When * * * a. state changes it.c:! ~oveniment or a province or colony nothing to do with constitutions or law. Secession is revolution, that before had no separate existence IS in the possession of the rights of sov­ and the right of secession is the right of revolution. It is purely ereignty~ the possession of sovereignty de fa.oto is taken to be possession de jure, ana any foreign power is at liberty to recognize such sovereignty by a question of fact. Secession, even if .it is from a loosely joined treating with the possessor of it as an independent state. Where sovereignty league which authorizes the withdrawal of one of the states form­ is necessary to the validity of an act no distinction is or ought to be made ing the league, is always destructive. In the case of a league the between sovereignty founded on a good or bad title. * * * In international transactions possession is sufficient. secession of a member changes its character and may lead to its In Lawrence's Wheaton's International Law (pt. 1, chap. 2, dissolution. In the case of a government formed under a written p. 36) is found the following discussion of what actually consti­ constitution like our own, secession· is revolution in its broadest tutes sovereignty in a state:· sense. If it succeeds a new nation is brought into being, as was the case with us in 1776. If it fails, it is only an abortive attempt Sovereignty is acquired by a state either at the origin of the civil society of which it is composed or when it separates itself from the community of at secession and revolution. which it previously formed a. part and on which it was dependent. * * * The fact that France recognized us when we separated from The internal sovereignty of a state does not in any degree depend upon it.c:! England did not bind France to submit to the secession of a por­ recognition by other states. * * * The existence of the state de facto is sufficient in this respect to establish its sovereignty de jure. It is a. state tion of her own ten1.tory. Frenchmen, I think, would have been because it exists. much surp1-ised if they had been told that because they recog­ Precisely the same definition of a sovereign state is found also nized the United States they were therefore bound not to interfere in Kluber, Droit des Gens :Moderne de l'Europe, section 23. with Brittany or La Vendee when those provinces rose against Further, in Lawrence's Wheaton, page 47, is the following: the government of the Revolution. The fact that we recognized Where a. revolted province or colony has declared and shown its ability to Texas when she separated from Mexico had no bearing on our maintain its independence the recognition of its sovereignty: by other foreign acceding to the secession of the Southern States. We have recog­ states is a question of policy and prudence only. ~ized seceding States in South America, not only in the case of -

460 OONGRESSION.AL RECORD-SENATE. JANUARY 5, ' T~xas but in other cases. The State which originally comprised The same doctrine was even more forcibly expressed by Mr. Colombia herself, Venezuela and Ecuador, dissolved into three Clay in a report from the SenateCommitte&onForeignRelations, States, and we recognized the th.ree new States. Within a few June 18, 1836 (S. Doc. 406, 24th Cong., 1st sess.): years some of the Central .American States formed a confederation The policy which has hitherto guided theGoveFnmentof the United States which we recognized, and when, as it happened, it quickly dis­ in respect to new powers has been to act on the fa-ct of their ex.i&tence with­ out r egard to their origin whether that has been by the subversion of a pre­ solved, we recognized once more the component parts. The right existing government or by the violent or voluntary separation of one from of secession, in short, has no bearing on the question of recogni­ another part of a common nation. tion. I shall have something to say later as to the constitutional .Again, Mr. Forsyth, Secretary of Stat~ , in a note to Mr. Cas­ position of Panama under the several constitutions of _Colombia, tillo, the Mexican minister, March 17, 1837 (MSS. Notes Mex.), but that is simply to show the relation of Panama to Colombia, says: and has no bearing on the question of recognition, which is all I The independence of other nationshas always been regarded by the United desire to deal with at this moment. · · · Stat.es as a. question of fact merely and that of every people has been invari- 1 I WISh now, Mr. President, to say a word as to the general rule ably recogmzed bv them whenever the actual enjoyment of it was accom­ panied by satisfactory evidence of their power and determination perma­ of the United States in regard to recognition, first in pririciple and nently and effectually to maintain it. then in practice. Turning from the general question of international law to the Almost the same language was used by Mr. Buchanan, Secre­ question of the established usage.of the United States in the rec­ tary of State, to Mr. Rush, United States minister to Paris, on ognition of foreign governments or nations, it will be fo11D.d that March 31, 1848 (MSS. Inst. France). He says: the United States has always assumed that the government de In its intercourse with foreign nations the Go.-ernment of the United States ha~ from its origin always recognized de facto governments. * * * facto was the government de jure, and that in recognizing such It is sufficient for us to know that a government exists capable of maintain­ a government the United States has consulted solely necessary ing itself, and then its recognition on our part inevitably follows. questions of policy and prudence. When the Revolutionary Gov­ So Mr. Clayton, Secretary of State, in a note to Mr. Donelson, ernment of France was established after the overthrow of the mon­ July 8, 1849 (MSS. Inst. Pt:ussia), says: . archy, General Washington had no hesitation in recognizing that· We as a nation have ever been ready and Willing to recognize any govern­ Government and receiving its accredited minister. · The same ment de facto which appears capable of maintaining its power. promptness of recognition was accorded to the Government of the The_qu~stio~ :wa~ trea~d at length by Mr., Webster, Secretary Directorate, the Consulate, and the Empire, which followed in of State, m a note to Mr. Hiilsemann, December 21, 1850 (MSS. rapid succession the Government of the first French Republic. Notes, Germ. St.), iri regard to the revolution in Hungary, which In regard to the recognition of the South American colonies of the United States had held itself in readiness t6 recognize had it Spain after they had revolted and established their independence, been successful. .He say"s: . the following letter of Mr. Gallatin, United States minister at It is the right of every independent state to enter into friendly relations with every other independent state. Of course,-questions of prudence natu­ Paris, to Mr. J. Q . .Adams, Secretary of State, November 5, 1818, rally arise in reference to new states brought by successful revolutions into clearly defines the attitude of the United States: the family of nations, but it is not to be required of neutral powers that they should await the recognition of the new government by the parent state. No We had not­ principle of public law has been more frequently acted upon within the last He writes- thirty years by the great powers of the world than this. Within that period eight or ten new states have established independent governments within the either directl[ or indirectly, excited the insurrection. It bad been the spon­ limits of the colonial dominions of Spain on this continent and in Europe. taneous acto the inhabitants and the natural effect of causes which neither The same thing has been done by Belgium and Greece. The existence of all the United States nor Europe could have controlled. We had lent no assist- . these governments was recognized by some of the leading powers of Europe ance to either party; we had preserved a strict neutrality. But no Euro~n · as well as by the United States before it was acknowledged by the states government could be surprised or displeased that in such-a.-cause om· W1Shes from which they had separated themselves. · · should be in favor of the success of the colonies or that we should treat as independent powers those among them which had in fact established their . .Again the question of recognizing a foreign state as independent independence. · was carefully discussed by President Jackson in his message to Congress, relating to Teias, of December 21, 1836. He says: Mr. Adams, Secretary of State, in a note to Mr. Monroe, Presi­ The acknowledgment of a new state as independent and entitled to a place dent of the United States, of .August 24, 1816 (MSS. Monroe Papers, in the family of nations is at all times an act of great delicacy and responsi­ Dept. of State), defines in the following manner the conditions bility, but more especially so when such state has forcibly separated itself which would lead the United States to recognize the independ- from another, of which it had formed an integral pa.l't and which still claims dominion over it. A premature recognition under these circumstances, if ence of a foreign government or nation: · not looked upon as justifiable cause of war, is always liable to be r~rded as There is a stage in such (revolutionary) contests when the party strug­ a proof of an unfriendly spirit to one of the contending parties. All ques­ gling for independence has, as I conceive, a. right to demand its acknowledg­ tions relative to the government of foreign nations, whether of the Old or ment by neutral parties, and when the acknowledgment may be granted New World, have been treated. by the United States as questions of fact without departure from the obligations of neutrality. It is the stage when only, and our predecessors have cautiously abstained from deciding upon the independence is established as a. matter of fact so as to leave the chance them until the clearest evidence was in their possession to enable them not of the opposite party to recover their dominion utterly desperate. · The only to decide correctly, but to shield their ·decisions from every unworthy neutral nation mUBt, of course, judge for itself when this period has arrived.· imputation. · ' Mr. Seward, SecretarY of State, in a note to Mr. Culver, No­ Practically the same doctrine is found in a note of Mr. Jeffer­ vember 19, 1862 (MSS. Inst. Venez.), declared that- son, Secretary of Sta~, to Mr. Morris, November 7, 1792 (MSS. , A revolutionary government is not to be reco~nized until it is established Inst. ]{inisters): · · by the great body of the population of the state It claims to govern. It accords with our principles, to ack:nowl~dge any government to be right­ The policy of the United States in regard to this matter was ful which is formed by the Will of the nation substantially declared. again declared by Mr. Fish, Secretary of State, to Mr. Sickles, De­ So, in a note to Mr. Anderson of May 27, 1823 (MSS. Inst. Minis­ cember 16, 1870. (MSS. Inst. Spain, Foreign Relations, 1871.) ters) , Mr . .Adams, Secretary of State, restates his position on this It has been- question a£ follows: He says- • When a. sovereign, has a. reasonable hope of maintaining his authority the policy of the United States to recognize the governments de facto of the over insm·gents the acknowledgmentoftheindependence of such insurgents countries with which we hold diplomatic r elations. Such was our course would be an international wrong. It is otherwise when such sovereign is when the Republic was established in France in 1848 and again in 1870 and in manifestly disabled from maintaining the contest. · each case accepted by the French people. Such was our course in Mexico when the Republic was maintained by the people of that country in spite of The principle of recognizing a de facto government without re­ foreign efforts to establish a monarchy by military fo1·ce. We have always accepted the general· acquiescence of the people m the political change of gard to its nature or the manner in which it is established was government as a. conclusive evidence of the will of the nation. again affirmed by Mr. Clay in a debate in the House of Representa­ tives in March, 1818, ori the proposition to appropriate $18,000 to Mr. Evarts, Secretary of State, in a note to Mr. Baker, June 14, defray the expenses of a minister to Buenos .Ayres. MJ:. Clay said: 1879 (MSS. Inst. V.enez.), discusses the question from the point of We had constantly proceeded on the principle that the government de facto view of policy. He says: was that which we could alone notice, * * * and so far as we are con­ The capacity of a state in itself for recognition and the fact of recognition cerned the sovereign de facto is the sovereign de jure. by other states are two different things. Recognition is not an act wholly depending on the constitutionality or completeness of a change of govern­ Almost the same words were employed by Mr. Van Buren, Sec­ ment, but is not infrequently influenced by the needs of the mutual relation between the two countries. * * * In other words while the United States retary of State, in a note to Mr. Moore, June 9, 1829 (MSS. Inst. regard their international compacts and obligations as entered into with Am. St.): nations rather than with political go~·ernments , it behooves them to be watch­ fullest their course toward a gov~rnment should affect the r elations to the So far as we are concerned that which is the government de facto is· nation. Hence it has been the customary policy of the United States to be equally so de jure. Ea.tisfied on this point, and doing so is in no wise an implication of doubt as .Again, Mr. Livingstone, Secretary of State, in a note to Sir to the legitimacy of the internal change which may occur in another state. Charles Vaughan, April30, 1833 (MSS. Foreign Legation Notes), From the extracts I have read I think the following conclu ions 1:\ayS: may be drawn as to the principle adopted QY the United States: It has been the principle and the invariable pra-ctice of. the U:nited ~?tates First. It is an absolutely well-established principle of inter­ to recognize that as the laga.l government of another nation which by Its es­ tablishment in the actual exercise of political power might be supposed to national law that in regard to the recognition of a new state or have received the express or implied assent of the people. goyernment a neutral nation has but two questions before it: (a) .

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1904. CONGRESSIONAL RECORD-SENATE. 461

Whether or not the new state or government is de facto estab­ which must be taken without delay in the foreign relations of lished sufficiently to be answerable for its international obliga­ any great country. I conceive that to be the explanation of the tions, and (b) whether or not it accords with the dictates of national very simple clause in the Constitution which gives the President prudence and policy to recognize it. If these two questions are the right to receive foreign ministers. He also has the right to answered affirmatively, the neutral nation may recognize without nominate and with the advice and consent of the Senate to appoint in any way departing from the strict observance of neutrali~y. ambassadors, ministers, and consuls. In other words, he has placed The question of right is never considered. in his hands two methods of recognition, and on the principal Second. The United States has throughout its history followed method of recognition, that of receiving a. minister from a state, the above principle. It has always recognized de facto states and there is no limitation placed whatever. The language of the Con­ governments without the slightest regard to their origin or right, stitution, which I may properly repeat, is" the President shall and the promptness of the recognition it has accorded to such de receive ambassadors and other public ministers." facto states or governments has been determined solely by ques­ I wish next to review, historically, the action which has been tions of its national prudence ani policy. Two extreme cases taken in practice by the United States and the authorities in re­ will illustrate this point. In the case of the revolution in Hun­ gard to recognition since the foundation of the Government. Mr. _ gary the United States stood in readiness to recognize the revolu­ Curtis, in his great work of authority, the Constitutional History tionary government before it was really established, and was only of_the United States, volume 1, page 580, says: prevented from doing so owing to the fact that the revolution As the President was to be the organ of communication with other gov­ failed. Remonstrances were made by the diplomatic representa­ ernments, etc.- tives of Austria, but there is no doubt that had the government thus interpreting this passage of the Constitution to mean that of Kossuth ever been sufficiently successful to be recognized these all communications between the Government of the United States remonstrances would have been of no avail, for they were power­ and foreign governments shall be made solely through the Presi­ less to prevent the President from taking all the preliminary dent. steps to recognition. The fact was that the cause of Hungarian In 1793 the question of recognizing the new French Republic, independence was extremely popular in the United States, and in and whether or not the treaties with King Louis XVI were still addition the United States had nothing either to get or to fear binding, was discussed in the President's Cabinet, and there de­ from the Austrian Government. It therefore contented itself cided. A minister from the new Republic was accordingly with remaining merely within the ~trict limits of neutrality as received, and in view of the war between France and allied defined in international law. Europe a proclamation was issued by President.Washington, in In the case of the revolted colonies of Spain in South America, which he said: on the contrary, the recognition of the United States was delayed I have, therefore, thought fit to declare the disposition of the United States long after the time when the colonies were de facto independent to observe the conduct aforesaid (friendly and impartial) toward those and when hostilities had ceased on the part of Spain. The Span­ power3, respectively, and to exhort and warn the citizens of the United ish minlliter, 1\fr. De Onis, made constant complaints and protests States. - to the Government of the United States in regard to suppo~ed In other words, our first President, Washington. conceived that acts of assistance given to the revolted colonies by American citi­ he had the right to recognize the new French Republic by re­ zens. All these complaints were carefully considered by the De­ ceiving her minister, despite the division of parties on the ques­ partment of State, and the Government preserved an absolutely tion, and despite the fact that we had binding treaties with the inactive neutrality despite the sympathies of the people of the France of the old monarchy. He went eveJl further, however, United States for the colonies and despite pressure from Congress. than this when he took the ground that he had the right as the The reason of the delay was that, in the opinion of the Executive, Chief Executive to declare the neutrality of the United States in it would have been contrary to the dictates of prudence arid the situation- that had thus arisen. I think, Mr. President, that policy for the United States to have taken any action which might the action of Washington as interpreting the constitutional right antagonize Spain in the condition of the country and the state of of the President is one of the most significant that we have, relations between the two nations at that time, for the United especially as it comes at the very beginning of our Government. States was not then a strong power and the question of the ces­ I OJight to say that in the citations I am about to make on this sion of the Floridas was imminent. Therefore the United States point I am very largely indebted to two extremely valuable mem· const1·ued the obligations of neutrality far more liberally in this oranda which were presented in 1898 by the Senator from Maine case than in the case of Hungary, and was much slower to decide [Mr. HALE]. I have added one or two citations which seem to me that the South American colonies were de facto independent. - The of importance, but anyone who desires to see with the utmost same principle was maintained in both cases, but owing to ques- minuteness what the practice has been in that respect should tions of palicy its application was widely different. _ consult those two memoranda, which were printed as Senate In other words, to repeat the proposition once more, the ques­ documents. tion of recognition is to be decided solely by the recognizing The view taken by Wa-shington of the constitutional powers of state on its own interests, wishes; and sympathies. All that is the Executive was strongly held by Mr. Ellsworth, a leading • required in the recognized state is a de facto government in pos­ member of the convention which framed the Constitution, Sena­ session. tor from Connecticut, and afterwards Chief Justice of the United Such was the nature of the recognition of the United States by States, when, in the Senate on January 6, 1796, on the motion of France. We had a. revolutionary government. We ha-d no con­ Mr. Tazewell to strike out a complimentary reply to the French stitution: The Articles of Confederation passed Congress just on Republic, he said that- the eve of the treaty of alliance, too late to have affected it in the Nothing could be found in the Constitution to authorize either branch of slightest degree. France recognized the revolted colonies as an the Legislature to keep up any kind of a correspondence with a foreign nation. independent State when they had no constitutional government Early in the nineteenth century the revolutions iii South Amer­ whatever, simply a revolutionary Congress sitting at Philadelphia. ica made the question of recognition a very immediate and pressing The attitude then taken by France is that which has been adopted one. Soon after the conclusion of our war with England in 1815 by all nations, and by none more than the United States~that is, John Quincy Adams, in his Diary, speaking of the Cabinet, says: that it lies with the recognizing power to determine whether it is That at the time the questions were proposed whether the Executive was competent to acknowledge the independence of Buenos Ayres, and, if so, for her interest and in conformity to her sympathies and wishes whether it was expedient; that it had been concluded the Executive was to recognize the revolted state. competent, but that it was not expedient to take the step without the cer­ Now; Mr. President, as to the methods and time of recognition. tainty of being supported in it by the P.Ublic opinion, which, if decidedly fa. The President has been given by the Constitution the power to vorable to the measure, would be manifested by measures of Congress. · receive foreign ministers and ambassadors. By the language of Therefore the Cabinet of President Monroe, after full discussion, the Constitution that power is given to him alone. I think if we John Quincy Adams being Secretary of State, decided that it was consider the nature of that duty we shall see at once that the competent for them to recognize the independence of a revolted makers of the Constitution were guided, as they universally were, state. by common sense and by their knowledge of the practice of nations. On the 11th of March, 1818, Vincente Pazos, representing him­ It was impossible in dealing with foreign relations, which, in the self as the deputed agent of the authorities acting in the name language of Hamilton in the Federalist, above all others require of the Republics of Venezuela,- New Granada, and Mexico, pre­ "secrecy and dispatch," to leave them to the slow and clumsy sented to the House of Representatives, through the Speaker, a. operation of a legislative body which must be called together per­ memorial complaining of" the occupation by the United States haps in order to meet the exigency. An emergency in foreign rela­ of Amelia. Island." (Annals of Congress, first session, Fifteenth tions may easily arise during a recess of Congress. It may demand Congress, 1251.) the most instant action on the part of the Executive, an action An animated discussion immediately ensued. Forsyth said: which the entire country would deem, of the utmost necessity. The question, then, for the House to consider was whether, when the Con­ Such action would be absolutely impracticable and impossible if stitution has placed the conduct of.our.foreign relations with the Executive, a fort'lign' agent shall be permitted tQ appeal from the Executive to this the Executive· was--obliged to wait until Congress could be sum­ House. (Ibid. 1262.) The House by a vote of 127 to 28 refused to receive the moued in extraordinary session in order to .take some of the steps ·memorial. (Ibid. 1268.)

- ~ 462 CONGRESSIONAL RECORD- SENATE. JANUARY 5,

At this same period, in the first session of the Fifteenth Con­ Mr. Clay and others supported the resolution on the ground of gress, Mr. Clay, then Speaker, proposed to amend the appropria­ general policy, maintaining! also, that" so far from interfering tion bill under consideration by a clause appropriating 18,000 with the Executive prerogative it was a fair exercise of the un­ to defray the expenses of a minister to be sent to Buenos Ayres, doubted rights of the House." Other members opposed the reso­ the capital of the united provinces of the Rio de la Plata, at lution, maintaining that the matter was one wholly for the Execu­ the discretion of the President. On this proposition there was tive to decide, and that the House should not attempt to goad the much discussion in the House of Representatives during the Executive to action. month of March, 1818, and in the course of this debate one of Mr. Mercer, adverting to the supposed power of the President the chief points under consideration was whether or not the House to recognize the independence of a government by receiving a was competent to take any step tending to the recognition of a minister, as well as by sending one, in which recognition the Sen­ foreign nation before action had been taken by the Executive in ate would have no voice, said that- the matter and whether it was justified in urging the Executive It became this House to share a part of the responsibility which the Ex­ by any legislative act to take such action. In the course of dis­ ecutive would incur by such a recognition. He doubted himself whether tho President could recognize the independence of a foreign power by receiving cussing this point the following opinions were expressed by vari­ a minister without the consent of the Honse. ous :Members of the House at different times. Mr. Clay said that- Mr. Baldwin opposed the resolution on the ground that recog­ He was perfectly aware that the Constitution of tbe United States-and he nition of a foreign state should be made by all three branches of admitted the proposition in its broadest ~ense-confided to the ExecutiTe the the Government and not by the President alone. reception and the deputa.tion of ministers. But in relation to the latter op­ Mr. Brown said: eration Congress had a concurrent will in the power of providing for the He believed the executiye branch of the Government possessed of the con­ payment of theh· salaries. * * * There was ~eat reason, Mr. Clay con­ tended, from the peculiar character of the Amer1ean Government, in there stitutional power of performing those acts which would amount to a recog­ being a perfect understa.nding between the legislative and executive branches nition. in relation to the acknowledgment of a new power. • * * If, contrary to Mr. Smith, of Maryland, opposed on the ground that the resolu-" his opinion, there were even a risk that the acknowledgment of a new sta.te might lead to war, it was advisable tha.t the step should not be taken with­ tion "attributed to the President a power [that of recognition] out a previous knowledge of the will of the war-making branch. too important to be exercised by any authority less than the three :Mr. Forsyth, opposing the amendment, contended that­ branches of the Government." Heretofore the President and the Senate were left to the exclusive manage­ :Mr. Clay, with respect to the mode of recognition of foreign ment of the foreiin intercourse of the United States. powers, reviewed the various opinions which had been expressed l\Ir. Smith, of Maryland, said: at different times as well as to-day on this subject. He concluded The Constitution has given to Congress legislative powers, to the President that both Congress and the Executive had this power, but that the direction of our intercourse with foreign nations. the most regular, ordinary, and usual course was by the Execu­ Mr. A. Smith, of Virginia, said: tive, and it was therefore proper to assure him of the support of The Constitution grants to the President, by and with the consent of the this House. That was the proposition Mr. Clay was trying to Senate, power to appoint ambassadors and public ministers and to make establish, but great as was his influence he failed to carry the treaties. According to the usage of the Government, it is the President who receives all foreign ministers and determines what foreign ministers shall or House of Representatives with him on that theory at that time. sho.ll not be received. It is by the exercise of some one of these powers, in On Januacy- 2,1819, the Cabinet of President Mom·oe considered neither of which has this House any participation, that a foreign power must the question of the power to recognize Buenos Ayres. Mr. Cal­ be acknowledged. Then the acknowledgment of the independence of a new power is an exercise of Executiye authority; consequently, for Congress to houn advised acting in concurrence with Great Britain, which was direct the Executive how he shall exercise this power is an act of usurpation. only possible through Executive action. Mr. Crawford advised Mr. Tucker, of Virginia, speaking after Mr. Smith, contended sending a minister- that the House had the right to express its opinion on every sub­ Because the Senate must then act upon the nomination which would give their sanction to the measure. Mr. W 1rt added tha. t the House of Represent­ ject, but admitted by implication that the recognition of a for­ atives must also concm· by assenting to an act of appropriation. And the eign nation was, in effect, a constitutional power of the Execu­ President, laughing, said that as those bodies had the power of impeachment tive, which, however, he held should be exercised in conjunction over us, it would be quite convenient to have them thus pledged beforehand. with Congress if such a recognition might lead to war. Mr. Adams thought that the first minister should come from .Mr. H. Nelson, of Virginia, the next speaker, said: the country seeking recognition, and said: When Washington saw cause to recognize the independence of France As to impeachment. I was willing to take my share of risk of it for this did he wait for the sanction of Congress to judge whether or not he ought to measure whenever the 'Executive should deam it proper. And, instead of ad­ receive a minister from that Government? He did not. In every view the mittin~ the Senate or House of Representatives to any share in the acto! coun:e proposed was not reconcilable with the usages of the country, and be­ recogrution, I would expre sly avoid that form of doing it which would re­ ca.u e it was not, and, in his opinion, transcending the constitutional powers quh·e the concurrence of those bodies. It was. I had no doubt, by our Consti­ of Congress, he was unwilling, on great principles, to adopt this measure. tution, an act of the Executive authority. General Washington had exercised it in recognizing the French Republic by the reception of Mr. Genest. Mr. Mr. Clay said: Madison had exercised it by declining several years to receive, and hi finally But the gentleman from South Carolina [Mr. Lowndes] has told us that the receiving, Mr. Onis; and in this instance I thought the Executive ougnt care­ Constitution has wisely confided to the executive branch of the Government fully to pre...o:erve entire the authority given him by the Constitution and not the administration of the foreign concerns of the country. Has the honor­ weaken it by setting the precedent of making either House of Congress a able gentleman attempted to show (though his proposition be generally true party to an act which it was his exclusive act and duty to perform. and will neyer be controverted by me) that we also have not our participa­ tion in the administration of the foreign interests of the country when we Mr. Crawford said: are called upon in our legislative capacity to defray the expenses of foreign He did not, however, deny, but admitted, that the recognition was strictly missions or to regulate commerce? * * * There are three modes under our within the powers of the Executive alone. (Diary of J. Q. Adams, vol. 4, pp. Constitution in which a nation may be recognized-by the Executive receiving a minister; secondly, by its sending one thither, and thirdly, this House unques­ 001-~.) tionably has the right to recognize in the exercise of the constitutional power In 1833 Edward Livingston, a great lawyer and then Secretary of Congress to rt>;gulate foreign commerce. To receive a ministor from a. for­ eign power is an admission that the party sending them is sovereign and inde­ of State, sent out a circular letter of instructions to the consular pendent. So the sending: a. minister. as ministers are never sent but to sover­ and diplomatic officers of the United States, which is as follows: ei!Pl powers, is a recogrution of the independence of the power to whom the No.l8.] DEP.A.RTMENT OF STATE, mmister is sent. Washington, March BS, 1833. Mr. Poindexter, of Mississippi, following Mr. Clay, opposed the HENRY WHEATON, Esq., mea m·e. He thought that the matter of recognition being an Charge d' .Affai,·es of the United States to Denmark. SIR~ It is observed that special communications from foreign powers in­ executive function the House should take no action except after a tended for the Executiye oftlle United States have been usually addressed minister to a foreign power was appointed to decide whether or to the President and Congress of the United States. This style was introduced under the old confederation and was then per­ not it would appropriate money for his expenses. fectly proper, but since the Federal Constitution has been formed its inac­ l\Ir. Robertson, of Louisiana! said: curacy is apparent, the whole u ecutive powe-5 pa~·ticula?-ly that of fm·eign General Washington received a minister from France when a. political war intercourse, being vested in the P resident. x ou will therefore adilress a wa waged against her by all Europ6 combined. He recognized that Repub- note to the minister for foreign affairs, apprising him that all communica­ lic * * *· · tions made directly to the head of our executive government should be ad­ dressed "To the President of the United States of America," without any Mr. Spencer said: other addition. I be-lieve most firmly that we have the ~onstitntio~ powe~ to legis~ te on You will, of course, observe that this relates solely to those communica­ this and every other subject con.r;ected w1th our foreign relatiqns ormth the tions of ceremony which are made from one sovereign to another-for ex­ regulation of commerce. I hold 1t to be a power concurrent With that of the ample, notices of births, deaths, changes in government, etc.-and does not executive branch. · relate to the ordinary diplomatic intercourse, which is to be carried em as The amendment, after prolonged discussion, was finally rejected. usual through this Department. I am, respectfully, your obedient servant, In February, 1821, Mr. Clay (the Speaker) introduced the fol­ EDWA.RD LIVINGSTON. lowing resolution in the House of Representatives: That the House * * * will give its constitutiona.l snp_port to the Presi­ President Jackson, in his message to Congress of December 21, dent of the United States whenever he may deem it expedient to recognize 1836, said: the sovereignty and independence of any of the said provinces (South Ameri­ Nor has any deliberai;e inquiry ever been instituted in Congress or in any can colonies of Spain). of our legislative bodies as to whom belongs the power of originally recog­ nizing a new state; a power the exercise of which is equivalent under some This resolution is of course in itself an admission by the House circumstances to a declaration of war; a :power nowhere especially delegated of the President s power to recognize a foreign nation without and only ~anted in the Constitution as 1t is necessarily involved in some of consultation with Congress. the great powers given to Congress, in that given to the President and Senate ---

1904. OONGRESSION.AL REOORD-SENATE. 463

to form treaties with foreign powers and to appoint ambassadors and other Seward writes that the French minister, having asked an ex­ public ministers, and in that conferred upon the President to receive minis­ ters from foreign nations. planation of the resolution, he inclosed it, with the statement In the preamble to the resolution of the House of Representatives (the that it "truly interprets the uniform sentiment of the people of resolution referred to is as follows: "That the independence of Texas ou~ht the United States in regard to Mexico." He says, further: to be acknowledged by the United States whenever satisfactory informatiOn should be received that it had in successful operation a civil government It is, however, another and distinct question whether the United States capable of performing the duties and fulfilling the obligations of an inde­ would think it necessary or proper to express themselves in the form adopted pendent pgwer ")it is distinctly intimated that the expediency ofrecogniz­ by the House of Representatives at this time. This is a. practical and purely m~ the independence of Texas should be left to the decision of Congress. In executive question, and a decision of it constitutionally belongs not to the this view on the ground of expediency I am disposed to concur, and do not, House of Representatives, nor even Congress, but to the President of the therefore, consider it necessary to express any opinion as to the strict con­ United States. stitutional right of the Executive either apart from or in conjunction with Again, Mr. Seward, in a note toUr. Dayton, of April7, 1864 the Senate over the subject. It is to be presumed that on no future occasion will a dispute arise, as none has heretofore occurred, between the Executive (MSS. Inst. France), says: and the Legislature in the exercise of the power of recognition. It will always The question of recognition of foreign revolutionary or reactionary gov­ be considered consistent with the spirit of the Constitution and most safe ernments is one exclusively for the Executive and can not be determined in­ that it should be exercised, when probably leading to war, with the previous ternationally by Congressional action. understanding with that body by whom war can alone be declared and by whom all the provisions for sustaining its perils must be furnished. President Grant, in his second annual message, 1870, says: AI; soon as I learned that a republic had been proclaimed at Paris, and t hat On June 18 of the same year, and referring to the same matter the people of France had acquiesced in the change, the minister of the United of the independence of Texas, Mr. Clay, in a report n·om the States was directed by telegraph to reco~~ it and to tender my congratu­ Senate Committee on Foreign Relations (S. Doc. No. 406, 24th lations and those of the people of the Uruted States. Cong., 1st sess.), said: Still another precedent for the recognition of a foreign govern­ The recognition of * * * an independent power may be mrtle by the ment by the President or officers appointed by him is found in a United States in various ways. First, by treaty; second, by the passage of a law regulating commercial intercourse between the two powers; third, by note from Mr. Fish, Secretary of State, to Mr. Sickles, December sending a diplomatic agent * * * with the usual credentials; or, lastly, by 16, 1870 (MSS. Inst. Spain, Foreign Relations, 1871): the Executive receiving and accrediting a diplomatic representative from Should there be circumstances which lead you to doubt the propriety of the power in question, which would be a recognition as far as the Execu­ recognizing the Duke of Aosta as King of Spain, it will be easy to communi­ tive only is competent to make it. In the first and third modes the concur­ cate with the Department by telegraph and ask instructions. Should there rence of the Senate in its executive capacity would be necessary, and in be no such circumstances, the general policy of the United States, as well as the second in its legislative character. their interests in the present relations with S~ain, call for an early and The Senate alone, without the cooperation of some other branch of the cheerful recognition of the change which the nation has made. Gi>vernment is not competent to recognize the existence of any power. The President of the United States, by the Constitution, has the charge of In 1876 the Republic of Pretoria sent us certain resolutions of their foreign intercourse. Regularly he ought to take the initiative in the congratulations on our centennial celebration of the Declaration acknowledgment of the independence of any new power. But in this case he has not yet done it, for reasons which he, without doubt, deems sufficient. of Independence. Congress passed a resolution of acknowledg­ If, in any instance, the President should be tardy, he may be quickened in ment. It went to the President. Nothing could have been more the exercise of his power by the expression of the opinion, or by other acts, harmless or have met with more uniform agreement. But on of one or both branches of Congress, as was done in relation to the republics formed out of Spanish America. January 26, 1877, President Grant vetoed the resolutions ·on con­ stitutional grounds (p. 1112). His veto message was referred to Together with this report a resolution was submitted to the the Committee on Foreign Affairs and never reported there­ Senate from the Committee on Foreign Relations that was as from. The President said: follows: Sympathizing as I do in the spirit of courtesy and friendly recognition Resolved, That the independence of Texas ought to be acknowledged by which has prompted the passage of these resolutions I can not escape the the United States whenever satisfactory information sha.ll be received that conviction that their adoption has inadvertently involved the exercise of a it has in successful OJ>eration a. civil government capable of performing the powerwhichinfringesupc:m theconstitutionalrightsoftheExecutive. * * * duties and fnl1llling the obligations of an independent power. The Constitution of the United States following the established usage of na­ tions, has indicated the President as the agent to represent the national sov­ On July 1, 1836, this resolution being in debate in the Senate, ereignty in its intercourse with foreign powers, and to receive all official Mr. Webster said he was willing to go so far as to vote funds communications from them, * * * making him, in the language of one of the most eminent writel'S on constitutional law, "the constitutional organ to enable the President to send out a proper minister, but against of communication with foreign states." If Congress can direct the corre­ a direct recognition he thought there existed strong objections, spondence of the Secretary of State with foreign governments, a case very because it was the proper function of the President to take the different from that now under consideration might arise, when that officer might be directed to present to the same foreign government entirely differ­ lead in this matter. ent and antagonistic views or statements. In a debate in the House in the following year John Quincy Adams said (February 27, 1837) he objected to the proposition He vetoed, therefore, a mere resolution of acknowledgment, in before the House on the ground that the act of recognition of a response to a resolution from the Republic of Pretoria congratu­ foreign power had heretofore always been an executive act of lating us on our centennial anniversary, and he did so upon the this Government. It was the business and duty of the President ground that the whole conduct of our foreign relations rested of the United States, and he (Mr. A...) was not willing to set the in executive hands and not even so slight an invasion of it as example of giving that recognition on the part of the legislative that could be permitted. body without recommendation of the Executive. In a n~.e to Mr. Christiancy, May 9, 1881 (MSS. Inst. Peru, In a note from Mr. Buchanan, Secretary of State, to Mr. Rush, Foreign Relations, 1881), Mr. Blaine, Secretary of State, says: on March 31, 1848 (MSS. Inst. France), ~we find the following If the Calderon government is supported by the character and intelligence of Peru * * * you may recognize it as the existing provisional govern­ language: ment. It was right and proper that the envoy extraordinary and minister pleni­ potentiary from the United States should be the first to recognize, so far as And in relation to the same matter President Arthur, in his his powers extended, the provisional government of the French Republic. third annual message to Congress, 1883, says: - A passage in President Polk's special message to Congress of When the will of the Peruvian people shall be manifested I shall not hesi­ Apfil 3, 1848, also distinctly implies the power of the President, tate to recognize the government approved by them. through his ministers, to recognize the existence of a foreign gov­ Also the power of the President or officers appointed by him to ernment. He says: recognize a new government is distinctly implied in a note from The prompt recognition of the new Government by the representative of Mr. Frelinghuysen, Secretary of State, to Mr. Logan, March 17, the United States at the French Court meets my full and unqualified appro­ bation, and he has been authorized in a suitable manner to make known this 1884. (MSS. Inst. Chile.) He says: fact to the constituted authorities of the French Republic. The Department of State will not recognize a revolutionary government claiming f.o represent the people in a South American state until it is estab­ President Taylor, in his :first annual message to Congress of lished by a free expression of th.e will of that people. December 4, 1849, says: For this J?urpose I invested an agent then in Europa with the power to de­ Thus, Mr. President, I have reviewed the action and the inter­ clare our willingness promptly to recognize her (Hungary) independence in pretations based upon that clause of the Constitution which au­ the event of her ability to sustain it. thorizes the President to receive foreign ministers as a full and There a President authorized an agent to recognize the inde­ exclusive power of recognition by a series of Presidents and Sec­ pendence of a country contingent on the happening of some retaries of State. I now wish to call attention to the decisions future event. of the Supreme Court and to the opinions of writers upon con­ President Taylor again, in a special message to Congress, March stitutional law. 28, 1850, says: By the act of February 28, 1795 (1, Statutes at Large, 424), My purpose, as freely avowed in this correspondence, was to have acknowl­ Congress specially delegated to the President the power to decide edged the independence of Hungary had she succeeded in establishing a· whether a government organized in a State (of the Union) is the government de facto on a basis sufficiently permanent in its character to duly constituted government of that State, and this power of the have justified me in doing so. President was reaffirmed by the Supreme Court in Luther v. Bor­ Thereby he clearly asserted his right as President of the United den (7 Howard), the celebrated case growing out of the trou­ States to recognize the revolutionary government of Hungary bles in Rhode Island, known as the "Dorr rebellion." In that without Congressional action of any kind. case, Mr. Webster, who appeared for the defendant in error, said: In 1864 the Honse passed a resolution in regard to the attempt How did the Presidentof the United Sta.testreatthis question? Acting un­ of France to set up the empire of Maximilian in Mexico. Mr. der the Constitution and law of 1795, he decided that the existing government 464 ' CONGRESSIONAL RECORD-SENATE. JANUARY 5,

was the one which he was bound to protect. He took his stand accordingly, The italics are the court's own. and we say that this is obligatory upon this court, which always follows an executive recognition of a foreign government. In the recent case of the UnitedStatesv. .Trumbull (48 Fed. Rep. Webster made that statement in argument, and in the decision 99, 104), referring to the late civil war in Chile, Judge Ross says~ . It is beyond quest!on that the statU!' ~f the people composing the Congres­ Chief Justice Taney, delivering the opinion of the court, said: Sional party at the time of the comiD.lSSlon of the alleged offense is to be re­ In the case of forei~ nations the government acknowledged by the Presi­ garded by the court as it was then regarded by the political m· executive de­ dent is always recogruzed in the courts of justice. partment of the United States. This doctrine is firmly established. Mr. President, it is pretty hard to go beyond that statement as In the Itata: (56 J!ed .. Rep., 5~5, 510) the circuit court of ap. a recognition by the Supreme Court of the power of the President peals for the nmth crrcmt, speaking through Judge Hawley, said: to recognize foreign governments. The law is well settled that it is the du~ of the courts to regard the status United States v. Hutchings (2 Wheeler's Criminal Cases, 543), of the Congressional party in the same light as they were regarded by the in 1817, was a prosecution for piracy The question arose whether executive department of the United States at the time the alleged offenses at a certain date the Republic of Buenos Ayres was independent. were comnntted. Counsel argued that our independence began with the Declara­ The law and practice as to appointing and receiving ministers tion of Independence in 1776, and therefore that the independence and consuls has been elaborately set forth and discussed by Caleb of Buenos Ayres " commenced with their declaration of independ­ Cushing (7 Op. of Attorneys-General, p. 242), who concludes: ence," was a matter of notoriety throughout the world, and was Further; to show that this act can not be reasonably construed as in· tending to require the President to do what the Constitution, on consid­ proved by certain correspondence between President Monroe and erations of public policy .has intrusted to the sole discretion of the Execu­ the Spanish minister. Chief Justice Marshall was of opinion- tive, may be mentioned tne1 clause of the act which says, in words, that the That a. nation became independent from its declaration of independence President shall appoint a "consul" at Port au Prince. Thishif done, would only as respeots its own government and the various devartments thereof. have the effect, a.ccording to international usage, of placing t e Haytien Em­ That before it could be considered independent by the JUdiciary of foreign pire in diplomatic relation with the United States. It is not presumed that nations it was necessary that its independence should be recognized by the such was the purpose of the lawmakers; yet such is the necessary effect of the executive authority of those nations; that as our Executive had never recog­ law, if the words "shall appoint" are mandatorv in operation. If they are nized the inde:pendence of Buenos Ayres, it was not competent to the court to mandatory in any case they are in all; if not manCia.tory in one case, they are pronoun.ce its mdependence. so in none. * * * The President can, with concurrence of the Senate, appoint consuls at n.ny Here we have the decision of Marshall to add to that of Taney place whatever, whether they be mentioned in tlie act or not. ns well as to the statement of Mr. Webster in argument. I will now cite the writers upon our Constitution: In United States v. Palmer (3 Wheat., 610, 634), arising two In W. Rawle's View of the Constitution of the United States, months later, the Chief Justice used language applicable to the pages 195 and 196, is found the following in regard to the Pres­ legislative as well as to the executive department, and this is the ident's power of recognition of a foreign nation: only exception to the general rule above stated in regard to such The power of receivin~ foreign ambassadors carries with it, among other cases. . things, the right of judging, in the case of a revolution in a foreign country, Williams v. Suffolk Insurance Company (3 Sumn., 270, 273) in­ whether the new rulers ought to be recognized. The Legislature, indeed, possesses a superior power and may declare its dissent from the Executive volved the question whether the fisheries at the Falkland Islands recognition or refusal; but until that sense is declared the act of the Execu­ belonged to Buenos Ayres. 1t was decided by Mr. Justice Story, tive is binding. ·whose remarks are of especial interest because he had discussed The power of Congress on this subject can not be controlled. They may, if they think proper, acknowledge a small and helpless community, though this very question in his commentaries on the Constitution, and with the certainty of drawing a war upon onr country; but greater circum­ had, according to the general plan of the commentaries, left it spection is required from the President, who, not having the constitutional there an open one. He now said: power to declare war, ought evet• to abstain from a. measure likely to pro­ It is very clear that it belongs exclusively to the executive department duce it. of our Government to reco~e from time to time any new government:B Judge Story says, in his Commentaries on the Constitution (2 which may arise in the political revolutions of the world; and until such new Story on the Constitution-, sees. 1566 and 1567): ~overnments are so recognized they can not be admitted by our courts of JUStice to have or to exercise the common rights and prerogatives of sover­ But a much more delicate occasion is when a civil war breaks out in a eignty. nation, and two nations are formed, or two parties in the same nation, each claiming the sovereignty of the whole, and the contest remains as yet unde­ Mr. Justice Story further goes on to say that" this doctrine cided, flagrante bello. * * * The exercise of this prerogative of acknowl­ was fully recognized by the Supreme Court of the United States edging new nations or miriisters is, therefore, under such circumstances, an executive function of great delicacy, which requires the utmost caution and in Gelston v. Hoyt (3 Wheat., 246, 324)." In that case the opin­ deliberation. * * * If such recognition is made it is conclusive upon the ion had been written by himself and used simply the word " gov­ nation, unless, indeed, it can be reversed by an: act of Congress repudiating ernment." The learned justice's interpretation of the opinion it. If, on the other band, such recognition has been refused by the Executive, it is said that Congress may, notwithstanding, solemnly acknowledge the would indicate that whenever the word •' government" had been sovereignty of the nation or pat·ty (citing Rawle). These, however, are used in this connection the executive department has been in­ propositions which have hitherto remained as·abstract statements under the tended; and it is also notic~able that the case thus referred to Constitution, and therefore can be propounded, not as absolutely true, but as still op~n to discussion if they should ever arise in the course of our foreign was decided at the same term of court with the Palmer case diplomacy. The Constitution has expressly invested the Executive with above referred to; so that these remarks of Mr. Justice Story tend power to receive ambassadors and other ministers. It-has not expressly to confirm the inference which may be drawn from the Hutch­ mvested Congress with the power either to repudiate or acknowledge them. * * * ings case, that the reference to the legislative department-of the That a power so extensive in its 1·each over our fo'l'eign relations could not Government in the Palmer case was an inadvertence. We now properly be confe1Ted on any other than the executive department wilt ad­ can add Story to the authority of Marshall and Taney. mit of little doubt. ·That it should be exclusively confided to that depart­ merit without any participation of the Senate in the functions (that body Williams v. Suffolk Insurance Company, above quoted, came being conjointly intrusted with the treaty-making power) is not so obvious. up for review in the Supreme Court of the United States (13 Pet., Probably the circumstance that in all fo1·eign governments the power was 415). Mr. Justice McLean said (p. 420): · exclusively confided to the executive department, and the utter impractica­ bility of keeping the Senate constantly in session, and the suddenness of the And there can be no doubt that when the executive branch of the Govern­ emergencies which might require the action of the Government, conduced ment, 1Dhich is charged with our foreign relations, shall in its correspondence to the establishment of the authority in its present form. It is not, indeed, a with a foreig-n nation assume a fact in regard to the sovereigntr of any island power likely to be abused, though it is pregnant with consequences often in­ or country, It is conclusive on the judicial department. And m this view it volving the question of peace or war. And in our short experience the revo­ is not material to inquire, nor is it the province of the court to determine, lutions in France and the revolutions in South America have already placed whether the Executive be right or wrong. It is enough to know that in the exercise of his co11stitutional junctions he has decided the question. Having us in situations to feel its critical character and the necessity of having at the done this under the responsibilities which belong to him, it is obligatory on head of the Government an Executive of sober judgment, enlightened views, the people and the Government of the Union. and firm and exalted patriotism. InKennettv. Chambers (14How.,30) thequestionarosewhether Clearly only the general plan of not deciding open questions in Texas was an independent government in September, 1836. Chief these commentaries was the learned jus~ce's only reason for not Justice Taney said (p. 46) that it" belonged to the Government" more positively expressing dissent from the propositions of Mr. to decide when Texas became independent. He then refers to the Rawle; and, as has alread.y been shown, his views upon this point President's message of December 22, 1836, as evidence that it had were in accord with those of Chief Justice Marshall as expressed not yet become independent at that time, and says (pp. 50-51): upon the Hutchings trial in 1817. He refers also to the chapter in It is a sufficient answer to the argument to say that the question whether on M. Genet and the neutrality proclamation of 1793, Marshall's Texas bad or bad not at that time become an independent state was a ques­ Life of Washington, and all through that_chapter it is clear that tion fo1· that department of government exclusively which is charged with our the Chief Justice agrees with Washington and his Cabinet in con­ jo1·eign relations. sidering the recognition of a new government to be an Executive The department thus referred to is clearly indicated by its fur­ function. ther characterization (p. 51) as" the treaty-making power." Mr. Pomeroy is much more positive in the statement of his The Prize Cases (2 Bl., 635) are not strictly in point, because _opinion. He says (Pomeroy's Constitutional" Law, pp. 669, 670, they refer to domestic, not to foreign, difficulties. Mr. .Justice and 672): Grier (p. 670), however, says: All foreign relations are thus confided exclusively to the Prasident or to Whether the President, in fulfilling his duties as commander in chief, in him in connection with the Senate. * * * suppressing an insurrection, has met with such armed hostile resistance and Of the unlimited extent and transcendent importance of this function thus a civil war of such alarming proportions as will compel him to accord to them confided to the Executive, either alone or in connection with the Senate, there the character of belligerents, is a question to be decided by him, and this can be no doubt. * * * court must be governed by the deciswns and acts of the political department Congress may pass resolves in relation to questions of an international char­ of the Government, to which this power wa.s intrusted. acter, but these can only have a certain moral weight; they have no legal 1904. CONGRESSIONAL RECORD-SENATE. 465

effect; they can not bind the Executive_. The necessity for this is ~vident; Mr. BACON. Does the Senator from Massachusetts claim that negotiations generally requir~ a. c,ertain {}egree of secrecy; one I!llild a_nd will must always be more effiCient m such matters than a. large deliberative that is an Executive function exclusively? assembly. * * * . . Mr. LODGE. To receive a minister? The President cannot declare war; Congress alone possesses this attribute. Mr. BACON~ No, sir; to recognize the independence of ana- But the President may, without any possibility of hindrance from the Legis­ tion. · lature, eo conduct the foreign intercourse, the diplomatic negotiations With other ~overnments as to force a. war as to compel another nation to take the Mr. LODGE. I do not think it has ever been done in any other initiative; and this step once taken the challenge can not be refused. way. My own impression is that it can only be done by the _ Mr. Wharton expresses his opinion in the following headnote: methods which are confined to the Executive. ."Such recognition determinable by Executive." (Wharton's In­ Mr. BACON. That was a preliminary question to the one I _ternational Law Digest, 2d ed., p. 551.) now·ask the Senator. Did not the Senator himself vote for the resolutions ·which recognized Cuba as a free and independent The number of instances in .which the Executive has rec_o~niz~ a. new foreign pewer without-consultmg Congress (beeallSe-not·antimpa.ting-conse­ country? quences which made such consultation necessary) has been very great. No Mr. LODGE. No, Mr. President; I voted to strike out that 'objection has been made by Congress in any o~ the~e instances. 'l'he le~a.­ clause. tive power has thus for one hundred years rmpliedly confirmed the v1ew .that th~ right to ;recognizeanewforeign government belonged t,o the Ex~u Mr. BACON. Did not the Senator, after he failed to. strike out tive; and if it is corr~ct doctrine that the same power can not be exez:CI~d that clause, vote for the resolution? for the same purposes by two different branches of the Government, this rm­ Mr. LODGE. I think I probably did, Mr. President. plied approval is conclusive of the whole present controversy. (54th Cong., 2d sess., S. Doc. 56.) Mr. BACON. In that case, then, the Senator did not hold to the opinion which he now expresses...... · I should like next briefly to call attention to what the United Mr. LODGE. I certainly did not, Mr. President. Stat.es, acbng upon the principles just stated, has done in practice Mr. BACON. The Senator took action which was in conflict as to the time accorded before recognition was given and as to with that which he now asserts to be the fundamentalla w of this the manner in which recognition was given. · country. · · · In the case of the French Republic of 1793, PresidentJVashing­ Mr. LODGE. That clause,however,if the Senator remembers, ton received Monsieur Genet, and recognized the Republic in went out of the resolution. thatway. · Mr. BACON. I beg the Senator's pardon. The President authorized the recognition of the Empire in 1804 Mr. LODGE. CE:rtainly, the recognition of the Republic of through sending a new letter of credence to our minister. He Cuba was stricken out from the resolution as passed. recogni2ed the monarchy of 1814 in the same way. When the Mr. BACON. I am not speaking of republics particularly, but Republic of 1848 was proclaimed on the morning of February of the recognition of states. 25, it was recognized by Mr. Rush, the American minister, on Mr. LODGE. Oh, I thought the Senator asked me if I voted ·the 28th, three days later. That action was ·executive. It was for the recognition of the Republic of Cuba. No; I voted against within three days, and it was approved by the President. The that clause. ·second Empire was r.ecognized in the same manner. Mr. BACON. I asked the Senator if he did not vote for the ' The Republic of 1870 was recognized by the Executive through resolution which declared that Cuba was of right free and inde­ ·our minister, Mr. Washburne, after an interval of- two days. pendent. 'There was then no constitution established in France; it was a Mr. LODGE. We declared, I think, that the people of Cuba purely revolutionary government, and the Republic was recog­ were of right free and independent, but I think we distinctly re­ nized by us with the utmost rapidity. The telegrams are cited fused to recognize the Republic. in the Senate document presented by the Senator from Maine Mr. BACON. Exactly. • But, then, the question is as to the [Mr. lliLE] in the Fifty-fourth Congress. recognition of the independence of a country and not the recogni­ When Brazil threw off the imperial rule, the minister tele- tion of the particular form of government which may be set up graphed: · in it. LEGATION OF THE UNITED STATES, Rio de Ju.neim, November 17, 1889. Mr. LODGE. Of course. · The imperial family sailed to-day. Government de facto, with ministry, Mr. BACON. That is the important fact; whether or not a established. Perfect order maintained. Important we acknowledge Repub­ country has become independent by reason of its severance from ·lic first. · ADAMS. the parent country and the establishment of a new sov'ereignty. Mr. Blaine telegraphed to Mr. Adams: Mr. LODGE. The question is as to the recognition of an inde­ pendent state, the test being whether it has a de facto go\ernment DEPARTMENT OF STATE, Washington, November 19, 1883. in possession. You will maintain diplomatic relations with the provisional government Mr. BACON. Then. if I understand the Senator corre ~tly, his of Brazil. position is this: That it is the function of the executive depart­ BLA.INE. ment to recognize the particular government which may bees­ Thus we recognized the new government within two days. tablished, and that it is the function of the legislative department The Central American Federation was recognized by the Presi­ of the Government to recognize the fact of independence. Am I _dent' s_ re<;eptiop. of Mr. C~naz as envoy extraordinary in 1824. stating the Senator's position correctly? -The Kingdom of Hawaii was recognized, in 1826, by Captain Jones, Mr. LODGE. No, Mr. President; the Senator do2s not tmder­ a naval officer. being sent there by the Executive to negotiate a stand me to say anything of that kind. He may understand me treaty. The United States recognized the existence of Belgium to say so, but I did not say so. by the issuance of an exequatur to the Belgian consul at New Mr. BACON. Of course I may have misunderstood the Sena• York-a purely Executive aqt. The President recognized Texas tor's language in that regard; but I understand that when I asked ·by sending Mr. La Branche as charge d'affaires. Again, when the Senator whether he voted for the resolutions, the Senator re­ the independence of Greece was recognized, it was an Executive plied, " Yes: but those resolutions did not recognize the Republic act through our minister in London. · of Cuba. They simply recognized the independence of Cuba." In the case of Hungary, to which I have already alluded, Presi­ Mr. LODGE. Not at all. dent Taylor sent an agent out to recognize Hungary the moment Mr. BACON. And it was upon that statement that I predi­ it could be said the revolution was in any degree successful. The cated the question whether the Senator differentiat9d those two recognition of the Republic of Haiti was an E.xecutive act, as functions: were the recognitions of the Republic of Liberia, the Dominican Mr. LODGE. Mr. President, we did not recognize the inde­ ·Republic. the Kingdom of Korea, the Empire' of Germany, the pendence of Cuba. In those resolutions, borrowing the phrase­ Orange Free State, the Principality of ~o~~nia, _ Servia, and the ology which is \ery familiar to us, I think we put it that" the Kongo Free State. · Costa Rica was recognize!! by the reception people of Cuba are and of right ought to be free and independent." of a minister. Guatemala, Honduras, Nicaragua, Salv.ador, the Mr. BACON. Is not that recognizing the independence of Greater Republic of Central America in 1896, Bolivia, Ecuador, Cuba? . . Paragua.y, Peru, the Peru-Bolivian Confeqeration, Uruguay, Mr. LODGE. They recognized that the people of Cuba are and Venezuela, New Granada, and the Kingdom of. Samoa were all of right ought to be free and independent. · · recogmzed by Executive act. In every instance it was a case of Mr. BACON. Certainly. Therefore I am not incorrect in the purely Executive recognition, almost all by the method of receiv- statement that the Senator by that act recognized that it wa.s a ing a minister. · f'\lnction of the legislative depart!ne~t to recognize th~ independ­ . Mr. BACON . .Will the Senator from Massachusetts permit me ence of a country. to ask him a question? · Mr. LODGE. Not at all, Mr. President. We expressed, as a - The PRESIDING. OFFICER (Mr. KEAN in the chair). Does matter of opinion. in the resolutions that we sent to ths Execu­ 'the Senator from Massachusetts yield to the Senator from Georgia? tive, that under the then existing condit!ori of fa~ts those people M~. LODGE. Certairily. ' ~ere of righ~ and ought to be fre~ and independent. . XXXVITI-30 ~ . ; . .. \. '•... . '. .... r ' t .t • ': 1' J .. J.. ~ ' " ~ .... \ . 1 t ' I • f ~ . I • • .. I , ; .. .. . -- .. t .' ...., . ·. . .. 466 CONGRESSIONAL RECORD-SENATE. J.ANU.ARY 5,

Mr. BACON. Is not that recognizing their independence? tions just as if a specific appropriation had been made, thereby Mr. LODGE. We had no means of recognizing the state of recognizing the right of the President. It is a method by which Cuba, and there was no state of Cuba to recognize. recognition could be extended. It is a method which, in practice, Mr. BACON. I am not speaking of that. has not lately been used at all for that purpose, because very :M:r. LODGE. I have been trying to talk about the recognition naturally the reception of the minister or ambassador of the state of a state and a government-- seeking recognition has been the obvious way to meet it. :Mr. BACON. And I was trying to get at what was the exact Mr. President, I have tried to lay down the general interna­ meaning of the Senator, and therefore I asked him the question tional law; I have tried to show the general practice of the Gov­ whether or not in voting for the resolution with reference to Cuba ernment of the United States and the precedents which we have he did not recognize it as a function belonging to the legislative in regard to it. Having shown, as I believe, that all the autholi­ department to recognize the independence of the people, if you ties hold that recognition is an executive function which can not please, and he restricted the right to recognize the particular gov­ be invaded or diminished by the legislative body, that whatever ernment which might be set up to the executive department. dangers it may carry the Constitution has placed it in executive Mr. LODGE. I think very likely I voted, Mr. President, that hands, I now come to the exercise of that right in the present case the Congress of t4e United States could join with the President of Panama. The right of the President to rec0oonize being demon­ in recognizing the freedom and independence of those people. strated by law and precedent, I wish to inquii·e whether that Mr. BACON. That is what I wanted to find out from the undoubted right has been properly exercised in this particular case. Senator. In section 4 of the act approved June 28, 1902, which provided Mr. LODGE. I think it probable that I did. If the Senator for t.lle construction of the canal, occur these words: find any sa.ti. fa-:tion in discovering any inconsistency there, I am That should the President be unable to obtain for the United States a delighted. If it pleases him, it does not trouble me at all. satisfactory title to the property of the New Panama Canal Company and My proposition, therefore, as to the recognition of a state and the control of the necessary territory of the Republic of Colombia and the rights mentioned in sections 1 and 2 of this act, within a reasonable time and government, is that it is primarily and may be, as has always 11pon reasonable terms, then the President, having first obtained for the happened, an exclusively Executive function. The precedents United States peryetual control by treaty of the necessary territQry fr om are uniform to a most extraordinary deg1·ee. The position has Costa Rica and NICaragua, upon terms which he may consider r asonable, for the construction, pal1>_6tnal maintenance, operation, and protection of a been held by every Secretary of State, I think, without exception; canal connecting the Caribbean Sea with the Pacific Ocean by what is com­ it has been held by the Supreme Court in the cases I have read moJ?}y known as the Nicaragua route, etc. that the Executive recognition is the only recognition admitted by the courts, and I do not think it is possible to go beyond that. In other words, the President was instructed by that act to se­ The other method of recognition in the Constitution is by the cure a right of way through a given piece of territory with a view clause which gives the Pre ident the right to nominate ambassa­ to building a canal. It was entirely secondary and of no vital im­ dors, ministers, and consuls. Recognition has almost invariably portance to whom that territory belonged. At that time that occurred in what Mr. John Quincy Adams pointed out to be the best territory was within the boundaries of the Republic of Colombia, and most proper way-the reception of a minister from the state and Colombia sought to make a canal treaty with us. If Senators seeking independence-but the power of the President to nominate will turn to page 18 of Senate Document No. 51, Fifty-eighth Con­ a minister where no such office had been created by Congress and gress, they will see there a letter from Mr. Hay to l\Ir. Beaupre, . which, therefore, implies his ability to recognize in that way, has in which he says: been established beyond a doubt. I have heard the right of the The canal negotiations were initiated by Colom bin., and were energetically pressed upon this Government for several years. The propositions presented President to nominate a minister to Panama questioned because by Colombia, with slight modifications, were finally accepted by us. In vir­ no such office had been created by Congress, and I thought it tue of this agreement our Congress reversed its previous judgment and would not be amiss to call the attention of the Senate to the d~ided upon the Panama route. practice in that respect. In other words, the treaty was sought by Colombia, had been On December 22, 1791, President Washington sent a me_ssage to sought by Colombia for years, and was made with Colombia on the Senate nominating Gouverneur Morris, Thomas Pinckney, and the terms she asked, with comparatively slight modifications. William Short as ministers to Paris, London, and The Hague, re­ The treaty was dated the 22d of January, 1903. As to the char­ spectively. There were no provisions of law for any such officers. acter of the treaty, which is fresh in everybody's mind, I need Various motions declaring that there was no need for these mis­ only say that the sole objection that I heard made to it in the sions were debated and were rejected, and the nominations of Senate-and that sole objection was made at considerable length Morris and Pinckney were confirmed. A similar motion was made and during a pretty long period of time-was that we went a great that there was no occasion for a minister to The Hague, and that deal too far in what we conceded to Colombia. Therefore Colom­ was postponed until the following Monday, when it was taken up bia sought the treaty; she got the treaty; she got what she asked, and defeated, and immediately after the nomination of a minister with trifling modifications, and she got concessions which it was to The Hague was confirmed. very difficult for many of us to accede to, and which only the uni­ On the 16th of April, 1794, Washington nominated John Jay as versal desire for the building of the canal made it possible for us envoy extraordinary to Great Britain. Mr. Pinckney was min­ to accept. ister plenipotentiary, but he was not envoy extraordinary, which Now, what was the treatment of that treaty by Colombia? I office did not exist. President Washington therefore nominated wish to call attention-- Mr. Jay to an office which had no existence. He was confirmed Mr. DANIEL. Will the Senator from Massachusetts allow me by the Senate. to interrupt him for a moment? On the 6th of February, 1799, John Adams nominated Rufus King Mr. LODGE. Certainly. minister to Russia. No such office existed. He said in the nomi­ Mr. DANIEL. Before the Senator speaks on that subject, I nating message that it was to open relations with Russia. No should be very glad if he would state whether or not the Depart­ adion was taken, and the Russian mission was not established ment of Panama took part in that action of Colombia, and, if so, until1809, I think, when Mr. John Quincy Adams was sent. what part? On the 29th day of May, 1813, Mr. Madison nominated a minis­ Mr. LODGE. I will answer the question in one moment. ter to Sweden to open diplomatic relations with that country. Mr. DANIEL. I have seen it stated that one or more of the No such office had been created by Congress. · revolutionary consuls of Panama took part in the action of the John Adams sent in the names of Ellsworth and Patrick Henry Colombian Congress, but I have not been able-- to be commissioners to France in conjunction with William Vans Mr. LODGE. The Senator means in the Congress which dis­ Murray. No .such offices existed. cussed the treaty? On the 11th of January, 1803, Jefferson nominated Livingston Mr. DANIEL. Which discussed and rejected the treaty. to negotiate with France and Charles Pinckney to negotiate with Mr. LQDGE. I have analyzed that very carefully and will Spain in conjunction with Monroe. No such offices existed. show the Senator fi·om Virginia exactly what the representatives Until Mr. Madison's second term appropriations for the diplo­ of Panama did. matic service were made in a lump sum, and Congress thus left it Mr. DANIEL. I wish the Senator would do so. for many years to the Executive to appoint ministers when he Mr. LODGE. When the treaty reached Bogota, Colombia, as pleased without ever taking any action which conld be construed I think I shall be able to show by the extracts I shall read from as the creation of any one of these offices. Mr. Beaupre's correspondence, from the beginning sought to ex­ Of course, Mr. President, with the extension of our diplomatic tort more money from the United States and from the company, service cases of nominating to offices for which there is no appro­ and it will appear also that the feelings of Panama found very priation have practically disappeared, but the cases which I have early expression. Mr. Beaupre, whom I know only from this cor­ cited-of W ashlngton, John Ada.ms, and Madison-show that the respondence which has been sent to the Senate, appears to me to men most familiar with the Constitution in its early days con­ have been a man of great clearness of vision, great fi:rmness, and ceived that they had an entire right to nominate a minister to a great tact. I think the correspondence does him· the utmost country w)lere there was no provision for a mission made by Con­ credit, and I think anyone who will read it will agree with me on gress and that the Senate in all instances confirmed those nomina- that point.

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1904. CONGRESSIONAL RECORD-SENATE.· 467

On page 7 of his correspondence, on April 24, 1903-see how Beaupre writes on July 5, and, after acknowledging the receipt of early that was-he says to Mr. Hay: a cipher telegram, says: I have the honor to refer to your telegra:m of the 7th instant, confirmed This and the statement of justrarrived members of Con~ess from Panama elsewhere, in regard to the negotiations for the cancellation of the present that this Department would revolt if the treaty is not ratified caused alarm, concessions of the Panama canal and railroad companies. and the effect is favorable. Now, in the first article of that treaty, as he points out in the He means favorable, of course, to the ratification of the treaty. letter of April 28- Again, he writes on the 9th of July that he has been asked by The Government of Colombia authorizes theNew Panama Canal Company a gentleman, evidently of importance, whose name is not given, to sell and transfer to the United States its rights, privileges, properties, and if be concessions, as wello.s the Panama Railroad and all the sha.l·es or parts of the payment can not increased to $15,000,000. He says on shares of said company. July 11: In other words, the very first thing that Colombia did after the The majority in the Senate are opposed to treaty. Apparently the Gov· treaty had been ratified by om· Senate was to try to destroy and ernment- annul the concessions which in that treaty she agreed should be The Government that made it- continued to the Panama Canal Company. It was clearly in vio­ is not defending the treaty, although it may intend to later. lation of the treaty which her own representatives had signed. He further says on July 11: On the 4th of May Mr. Beaupre writes to Mr. Hay: Ex-President Caro has been the leader of the opposition in this debate and has made many brilliant speeches. He has cha.r~ed the Government with Private discussion, which perhaJ?S more clearly reflects the real situation, lack of good faith and consistency, both to the Umted States and Colombia, is to the effect that the pnce is madeqnate· that a much ~reater sum of in not defending a treaty of its own making and for endeavoring to throw money can be obtained, and that the United States can be obligated to guar­ the whole responsibility upon Congress. antee the soverei~ty of Colombian portsoutsidetheDepartmentof Panama against the invaswn or seizure by foreign enemies. The one great determin­ Thus we learn that the opposition had pictured this attitude, ing point, however, is the belief that the price can be greatly augmented. this discreditable attitude, of the Government which had made That was on May 4. They were trying already to get more the treaty, which would not take responsibility for it, which money out of it. :would not carry it through, although it had the majority, but Now, on the 7th of May-and this is the first allusion to what was holding back evidently with the hope of getting more money the Senat<>r from Virginia asked me-he says: out of somebody. That was openly charged in the debate. Our The probabilities are that when the measnre is presented to Congress there minister says again: will be a lengthy debate and an adverse vote. Then the representatives of the coast departments of the Cauca, Panama, and Bolivar will ask for a recon­ The Vice-President- sideration, and urs-a a ratification of the convenm.on as the only m~ans of pre­ That is, Marroquin, who was acting as President and who had venting the secess10n of those departments and the attempt to constitute of their territories an independent republic. caused the treaty to be made- has positively declined to sign, and if the motion as presented should prevail As early as the 7th of May. therefore, the representatives of and he still refuses his signature, the Senate will not consider the treaty at Panama were giving it to be understood at Bogota that if the all, and in all probability Congress will be dissolved. treaty were not ratified it would lead to the secession of the State On the 21st of July he says: which they represented. The Government has continued to h'iumph on every important question. On page 22, June 10, Mr. Beaupre says: Mr. Mancini, the local agent of the Panama Canal Company, has informed Now I come to a pa sage to which I ask the careful attention me that he had receiv.ed an official note from the Colombian Government, of the Senate, inasmuch as we are considering the good faith of stating that it did not think that the convention would be ratified b~cause the people with whom we had these dealings and what sort of of the opinion that the compensation was insufficient, but that if the canal comJ>&ny would pay to Colombia about lO,!XX>,OOO ratification could be se­ treatment they are ootitled ton·om us. Mr. Beaupre, July 21, said: cured. Mr. Mancini has notified his company of this note. I have certain, but private, information that Doctor Uricoechea, a mem­ ber of the special Senate committee heretofore referred to, and who lived a Then they were trying, as was obvious, to squeeze the company. great many years in Germany, called on Baron Griinau, the German charge They sent to the agent of the French company and said they d'affaires, to inquire what would be the attitude of the German Government wanted ten millions from them. in case of trouble arising out of the matter, and whether it would be willing to undel't.'l.ke or aid the construction of the canal inca e the treaty with the On page 26, June 20, at 5 p.m., when the extra session had con­ United States should not be ratified. Baron Griinau replied that 'he had no vened, Mr. Beaupre telegraphed: instructions bearing upon the subject. but that he was of the positive opinion Extra session of Congress con-vened to-day. Joaquin Velez president of that, considerin15 how desirous his Government was at the present moment the Senate; Jose Medin8. Calder6n, president of the Chamber of Representa­ to remain on friendly terms with the United States, it would not take any tives. The President's message deals with canal convention as follows: "To steps with reference to the construction of the canal or to any controversy my Government has been presented this dilemma: either it lets our sover­ growing out of the present negotiations; that he would, however, submit the eignty suffer detriment or renounces certain pecuniary advantages, to which, matter to his Government. according to the opinion of many, we have a right. In the first case to con­ . My English collea_gue, with whom I have the most plea!?&nt p~rsonal rela­ sent to the sacrifice of our soverehmty and not aspiring to great indemnifica­ tions, and whose attitude I know has been one of unswervmg fnendliness to tion the just wishes of the inhabitants of Panama and other Colombians our interests in this matter, informs me- . wocl.d be satisfied if the canal were opened, but the Government would be This is direct- exposed to the charge afterwards that it did not defend our so-vereignty and that it did not defend the interests of the nation. that one of the deputies of the Chamber of Representati\?es called on him 'Wi!Jl an inquiry similar to the on~ above mentioneg. To this he replied that That is, the President, who had caused the treaty to be made, this question was thoroughly considered by IDs MaJesty's Government at the sends in a message in which he vibrates between the two proposi­ time the modifications were made in the Bulwer-Claytim treaty, and that his Government was of the opinion that the safeguards contained in the Ha.y­ tions, that there is doubt about their right to cede territory, and, Pauncefote arrangement fol'm.ed a sufficient guaranty for the commerce of on the other hand, that there are great pecuniary advantages; the world and was therefore Willing now to leave the United States quite free and he transmits this treaty which he had caused to be made, ~T.rds any further negotiations with reference to the construction of a with that shuffling message, to the Congress called to consider it. Mr. Beallpre says on June 20: There they were, Mr. President, members. of the House and the As I have heretofore predicted, there is a full and am-ple majority of the Senate of Colombia, seeking to make arrangements with Germany friends of the Government in both houses of Congress, and sucn legislation or England, trying to discover if Germany or England wasreadv as the Government may seriously desire will be enacted. to make arrangements to build that canal in case they rejected The Government itself, which had made the treaty and had the the treaty with us, and these are people whose very existence de­ power then, Mr. Beaupre says, to have passed it, subsequently pends upon the maintenance of the Monroe doctrine which we up­ had excited so much feeling against it and against themselves that hold, who are defended by the shield we throw over them. At all action became hopeless. But at that time they had the power: that very moment, with our treaty pending, these honest patriots and the Government that had made the treaty was holding back were sneaking up to two of the great powers of Europe, fortn­ in the hopes of getting more money out of us or ~ore money out nately our friends, fortunately awake to the situation and its of the canal company. Their constitutional sc1'1lples, which now conditions, and inviting them to come into the American hemis· play so large a part: were then only used for purposes of black­ phere and build the canal. Those are the people who would now mail, and would have disappeared at once before the offe1· of a few ask consideration at our hands. extra millions. It is altogether a pretty picture of a responsible Mr. President, I do not know that it is necessary for me to fol­ government supposed to be fit to maintain international relations. low out the history of the amendments which were proposed in June 27 our minister says again: the Colombian Congress. They all ended practically in a demand Friends of the Government have control in Congress. I believe any legis­ by these patriots for more money. But on August 12 the Senate lation seriously desired by the Government will pass. rejected the treaty and Mr. Beaupre says: That was brought to a test. He telegraphed on the 25th: Referring to my telegram of August 12, 7 p. m., I do not believe that re­ jection of treaty 1B final, for the fo1lowing reasons: Yesterday's debate an.d Opposition Chamber of Representativesopenedcanaldiscussion yesterday vote was undoubtedly previously arranged. demanding documents relating to the treaty. The Go~rntnentobjected be­ cause it was not ready to present the treaty. The Government was sustained; In other words, it was 'a step-a trick, if you please-to try to vote 38 t{) 5. extort further concessions from us. That shows the control which the Government had at that time. I come npw to another passage which agajn throws light on the Now, again, I come to a passage which will throw light on the question asked by the Senator from Virginia. Mr. Beaupre says question which the Senator from Virginia. has asked me. Mr. that there is nobody suppo1'ting the treaty; that its support bas

·-' . ·468 CONGRESSIONAL RECORD-· SENATE. J .ANU.ARY 5, failed; that the Government has retreated from its position and union with the United States, and no occasion that promises success will be overlooke~ to promote and intensify t~t feeling; and they know that even hostility to the Government is growing. Then he adds: the secunty of the canal propero/ will be made a reason why the United Even the Panama representatives have lately become so thoroughly im­ S~~ should accept the annexation of Panama as a measure of necessity. bued with the idea of an independent republic that they have been more or ThiS 18 not a n~w thought or an abandoned hopa in Panama. I dread the less indifferent to the fate of the treaty. t~ought of placmg such ~ temptation, so lit up with the hopes of restored On September 5 he wrote that the committee had reported a law libe:ty, h~nor,,and f!C>Verexgnty1 before those people, unless they could be agt~.m realized m thell' separate Independence. by which they authorized the President to open new negotiations. ~ Panama co?Id pe again rill!tored to her sovereign independence, I would in which they were to ask for an increase all around of rental and haxl the event With JOY, but I Will not consent to an agreement with Colombia that mi!-Y drive Panama into our Union to escape her present bondage to 20,000,000 from the United States. Colombia. On September 10 he speaks of the appointment of Obaldia as .Above all else, we sh9uld be careful and entirely frank in our dealings governor of Panama, and says: ~th Col<;>mbia.. The belief or the pledge that we will even aid her actively Fierce attack to-day in the Senate UJ?On the appointment of Obaldia as !Jl fastenmg upon Panama ~e fetters.of the concordat of 1888or in maintain­ !Ilg her J;told on Panama ag~mst the will of her peopl~ if they choose to throw governor of Panama.. The appointment 18 regarded as being the forerunner of separation. It _off, will prCongress of Colombia dealt with Now, may I ask the honorable Senator from Massachusetts, did this treaty, made at their solicitation and carrying not only the he not vote to put back on Panama those very bonds against concessions they wanted, but also a great sum of money for the which I was declaiming? benefit of their people. I think it is a pretty sorry picture, this Mr. LODGE. I voted for the treaty with Colombia. description of the manner in which our treaty was dealt with at Mr. MORGAN. Did it not do that very thing? Bogota. Their actions resemble those of irrational highwaymen Mr. LODGE. I did not think so. much more than responsible public men of even indifferent Mr. MORGAN. Was it not an exact repetition of the treaty honesty. of 1846, word for word, with an addition applying it particularly It also comes out from this correspondence that back in May, to certain special lo:}alities in Panama? So the Senator reads before the Cong;ress met, there was already talk in Bogota of a that ~o: the purp'?s~ of reproaching me, I suppos~, for a change revolution and of the secession of Panama; that it was openly of opm10n-an opm10n that I have not changed m the slightest • spoken of by the representatives of Panama when they arrived; and degree. that later they became so imbued with the idea of independence I will ask the Senator again, is he now willing to take that that they were indifferent to the fate of the treaty, because they $40,000,000 that these condemned felons in France are to get from prefen-ed to seek their own independence. us and pay Colombia for Panama? All these facts were matters of notoliety in the Colombian capi­ 1\Ir. LODGE. No! Mr. President; I am not willing that the tal. The Colombian President and Congress did not conceal their United States should break any agreement it has made. attempt to extort more money, and they did not hel:>itate to make Mr. MORGAN. The United States has no agreement to-day approaches to the ~presentatives of European nations to see with the Panama Canal Company, so that we are as free as the whether they could make a bargain with them. If those per­ wind with respect to an agreement. Now, is the Senator, in the formances, Mr. President, constitute the serious acts of a serious absence of any agreement with Panama,-willing..to pay Colombia and honorable government, or of a government acting ili good that $40,000,000 which we propose to pay to the Panama Canal faith, then I am very much mistaken in my judgment of what Company and buy the peace of Colombia toward the United constitutes honor and good faith in governmental action. States and toward Panama? Mr. President, I desire to call attention now to the feelings ~r. LODGE. I .am not willing totakemoneywhich I honestly and the attitude of Panama. I want to show to the Senate that thmk should be paid to the Panama Canal Company for its prop­ the revolution, about which Senators speak as if it were the erty rights there and give it to anybody else. creation of a moment, represents not only the preparations of Mr. MORGAN. I understand it all now. I am glad I got the months, but that it expresses the feelings and the hostilities of raply. years. I am going to read from a speech made by the Senator Mr. LODGE. I did not read that quotation fOl' the purpose of from Alabama [M.r. MoRGAN] on the 20th of December, 1902. I charging the Senator either with consistency or with inconsistency. could not hope myself to put in better or in such eloquent lan­ I do not think that matters of consistency or inconsistency-'' the guage the feelings of the people of Panama toward the Govern­ bugbear of weak minds" -are of much importance or consequence. ment of Colombia. The Senator then said: I read it because it was an extremely strong statement of the feel­ They remember what the people of Panama can nevE\r forget-that their ings of the people of Panama, showing that those feelings w~re State, once sovereign and independent, was the first State of this hemi­ .the growth of years and because it alluded to P..a.Bama?s constitu­ sphere. after the United Stat.es of North America., that achieved their inde- tional relations with Colombia, which I now wish to t0uch upon. pendence and sovereignty. · · · Neither can they forget that the church party has stripped that badge of In 1819 Colombia was included under the constitution of Bolivar honor and power from their national flag and has reduced Panama to a. de­ .and had all the ten-itory now occupied by Colombia, Ecuador; partment of Colombia, ruled by a governor appointed at Bogota. It is a.sif and Venezuela. Ohio should be reduced to the former condition of a p!l.rt of our Northwestern Territory . . Above all, they can not for~et the degrading bondage of the con­ In 1830 Colombia separated into New .Granada, Venezuela cordat that the church party in Colomom has forced upon them in the agree­ and Ecuador, and the constitution of 1832 was formed That wa~ ment of 1888 with Pope Leo XIII. While memory of these events lasts in the constitution of New Granada. Panama peace will have only a. pre(larious and temporary re idence there. • These thoughtful men know that agitation in Panama. will be incessant to There was a new constitution of New Granada in.18t3. Article enlarge the canal concession we may obtain from Colombia into a bond of 232 of that constitution makes :;:ecession an act' of rebellion, and it

•J;t - ...·

1904.

·was due to-the·revolt of certain provinces, including Panama, in Now, still further, in regard to the treatment of Panama and 184.0. This was amended by Congress in 1855 by a law making the reason why there was revolution there~ I have here a letter Panama a federal-state, sovereign in itself, and dependent on the which appeared in the New York Evening Post of December 17, Government of New Granada only on certain points. Other dated Panama, December 8. I shall ask to have it all printed r States followed, and New Granada became practically a feder­ with my remarks, because it is extremely interesting, and the l ated republic. This resulted in the constitution of 1~58, which New York Evening Post is a newspaper which for many years recognized the sovereignty of the several States, and the name has been so absolutely crazed with hostility to the Republican was changed to the Granadine Confederation. That is the last party or to any Administration which seemed to be advancing the .constitution to which Panama ever gave its assent. interests of the United States that I am perfectly cert.ain it can · · Then followed a liberal revolution in 1860 against the election not be supposed to be a biased witness; and this i~ an admission laws; which was conducted under General Mosquera and based against itself. This letter is worth reading, because it shows, I upoitthe!-sovereignty of the States. There was then a pact made think, on its face why those people were ripe for revolution. at Cartagena. to form the United States of Granada, and in 1861 The matter referred to is as follows: the name was changed to United States of Colombia by the fur­ [Special colTespondence of~ Evening Post.] ther pact of Bogota. In 1862 the liberal revolution was completely PANAMA, REPUBLIC OF PANAM..A, Decembe1·8. victorious, arid in 1863 a new constitution was made by the "pleni­ Next to that of the negro republics the mo3t exasperating government is doubtless that which is known as "Latin American." Panama had an ex­ potentiaries of the States," as they were called~ Article 93 of that perience of it which may well be indicated as an excuse for separation. To constitution provided that this constitution should take effect get to the point, every member of the present junta was among the company of twenty-three Conservatives of Panama called together by Govenor Alban only o:p. u.p.animous ratification of State deputations, and if any a few years ago. State refused to ratify it should not be binding. The result was "Gentlemen," he said, when they assembled in the Yellow Room of the an "organized anarchy," and the constitution which was im­ Palacio del Gobierno, "the Conservatives need $5{),000. I will withdraw while posed simply by the party victorious in war and never had any you arrange the matter." - Retiring, he summoned his soldiers and placed a cordon around the build­ complete a-ssent was followed by constant revolts and insurrec­ ing. Government, for much of the time, being actual martial rule, this tions, especially on the Isthmus. meant that any one who sought to come out without subscribing his due share, In 1884 Rafael Nunez seized the Government as a dictator and according to his riches, would be thrown into prison. Governor Alban re­ turned to the Yellow Room. He was met with protests. suspended the constitution of 1863. He had delegates from the "There are soldiers all about this house," he replied. "Before you pass nine States called to connell, and in 1885 the council passed a through them you will subscribe $50,000." Again he withdrew; and when he resolution for a convention to frame a new constitution subject returned the paper had been signed. These subscnptions were prettily called "voluntary subscriptions," as re­ to the ratification of the people of the State. In 1886 the new cruits for the army were tied with ropes, yet called ~·volunteers." They ·constitution was adopted annulling the constitution of 1863. It were rather worse, as "business," than corporation contributions to Tam­ was the exact reverse of the constitution of 1863 and centralized many Hall, because there came in return for them no adequate advantages, moral or immoral. Sometimes, if one of the eventual contributors was ob-­ . power entirely. It took away the autonOlllY of the States, and stinate, he was made to take chili sauce and salt water. The suffering from was never submitted to the· popular vote. The constitution of this is so shocking, one is assured, that "when the man recovered he was fit 1886 has· been suspended and inoperative since 1900. The last for treason." At any rate he was in a receptive mood for suggestions of 1858. secession and only bided his time. ·constitution accepted by Panama was in ·When her consti­ "VOLUNTARY SUBSCRIPTIONS." tutional relations are considered, I think it is well to bear that Hermadio Arosemena, of the banking hotise of that name, suffered fre­ little bit of- ~nstitutional history in mind. quently from the "voluntary subscription," for all the Arosemenas were Mr. MORGAN. Mr. President- known to be Liberals. One day a notice was posted on his door saying that before a certain hour of a certain day he must pay $25,000. He had it repor... .,ed The PRESIDENT pro tempore. Does the Senator from Massa­ that he was out of town-that he had gone to Ecuador. Troops were quar­ .chrisetts·yield? · t ered in his house. "Cable him for the money," the governor recommended Mr. LODGE. With pleasure. to the family. Arosemena was not in Ecuador, but hiding in his own home. But he would not allow the money to be paid. For nine months he was a Mr. MORGAN. If the Se_nator will allo~ me a question, does prisoner there, never stepping beyond his threshold. Besides, the soldiers on .he think that thecoiistituj;iQnal duty of PaAamais any less toward guard during that period had to be fed from his own larder. That was the Colombia than it was when she was a free, sovereign, and inde­ practice. At different times, not reckoning the billeting of troops, the Arose­ menas paid within a few years more than $150,000 in "voluntary subscrip­ pendent State, after she had been denationalized, broken down as tions" to Colombian governors. a State, and reduceQ. to a department? Oscar Miiller, a jeweler, shows receipts for "war loans" of $50 to $100 a Mr. LODGE. As a matter of constitutional law. I do not think month. He was born on the Isthmus. 'rhough of German parents, he had no protection. One day he was asked for a "voluntary subscription" of it makes a particle of difference in considering this question, for $1,250. He removed everything from his safe and refused to pay. A com­ I consider under any constitution her separation from Colombia mission came from General Alban to force the safe. Miiller gave the combi­ as an act1of revolution. I merely put that statement in in order nation rather than see the safe blown up. Nothing but old papers were / foUiid in it. "Lock his house and let no one in or out," ordered Alban. For to show what her actual constitutional position was, as I under­ twenty-four hours Miiller's family were thus besieged. Then Miiller com­ stand it. promised for $000. He had to pay $1 additional for the man who had come to Mr. MORGAN. The Senator's remark was a very painful re­ blow up the safe. The man did not need to do the job, but he had "lost his time." Miiller had also to pay $8 for the advertisement of the intended sale minder to me of the fact that after the civil war had closed and of his store. Your correspondent has seen all these receipts and the politicians got hold of the destinies of the country Alabama was witnesses. · forced, before she could receive any right of representation on this Carlos Miiller. brother to Oscar, was similarly treated. His haberdashery was locked up for four days, till he should subscribe $1,250. Advertisement floor, to pass a constitution that renounced her well-cherished and of a public sale of his goods was made, and then he yielded. At the house of well-established doctrine of the right of secession. We gave it Domingo Diaz the soldiers occupied the bedroom of Senora Diaz, and the I up. Other States in the Union were not required to do that. women folk had for two nights no place to sleep. They could not leave the house. Merchants were assessed $7.50 a dar for the colonel's horse when the The State of the Senator from Massachusetts was notiequired to colonel was on duty in town. The imposition was that several merchants yield up her sovereign right of secef'lsion, which she proposed to would each be assessed for the same $7.50. They always paid rather than go exercise in the year 1812. to jail. Out at the barracks an Italian egg peddler was asked to leave two additional eggs for two that had been found not good. When he refused, he Now, I wish to ask this question of the Senator: Suppose that was taken by soldiers and given 500 lashes on his bare back. Great Britain, with a view to trying to restore to us in Alabama ASSESSMENTS FOR INDIFFERENCE. our anc_ient rights of sovereignty as they existed before our con­ Federico Boyd was held up for $10,000, but settled for $5,000. Espriella ran stitution was changed on the demand of the Republican party away to Costa Rica-he had only just r eturned-to avoid a "voluntary sub-­ scription" which he heard was to be required of him. Y caza, before he could in the United States, should say to Alabama, "We are willing to escape, was levied upon for $5,000. It did not make any difference, if the gov­ recognize_your independence; we acknowledge that you have re­ ernor wanted money, whether a man was of his own party or not. The sumed the sovereignty you had before you passed your act re­ twenty-three whom he imprisoned in the Yellow Room were Conservatives ~ke himself. If a man were neither Liberal nor Conservative, he was still nouncing it," does the Senator think that Great Britain by that liable to assessment. J. G. Duque, who holds the lottery privilege, had a act of recognition or that promise would restore Alabama even to clerk at Colon, F. Cortez, who was a Colombian but took no part or interast . her former prestige and right or that she could se11arate Alabama in politics. He was assessed $600-for being an mdi:fferentel1 "The governor gave me that explanation himself," Mr. Duq_ue says. Soon after the clerk from the United States as a matter of international law? was assessed $400. "I had just lent the Government some money wit hout Mr. LODGE. Of course, Mr. President, I do not think that the charging interest," Mr. Duque tells me. ''I went to Alban and declared that recognition of Great Britain could restore to Alabama or to any if he did not leave my clerk alone! would charge interest. At that he erased the assessment ." otter. State rights which under the Constitution of the United - Officers would select saddles and swords and not pay for them. The cost States, as I understand it, she never had. I do not want to enter' would lie as a charge against some designated citizen or allowed to go to the into the old discussion of the constitutional right of secession, be­ loss column of the merchant's daybook. If one man loaned money to another it sometimes happened that the borrower would be sent for and compelled cause to my mind it is simply a question of fact, a question of to hand over the borrowed money to the Government. The lender would . successful or unsuccessful revolution. What I wanted to call have to stand the 1038, as the papers would be canceled . . atteJ!tion to here was merely the fact that, so far a-s the constitu­ Importers for a while were assessed arbitrary sums instead of an import tax. Banks were forced t:> make loans. Government, indeed, was a kind of tional question is involved at all the last constitution to which piracy, of buccaneering almost u.s barbaric as that which Henry Morgan car­ . Panama gave her assent was the constitution of 1858, which as­ ried on along these coasts, with headquarters at Bogota instead of at Porto . s~re~ tq_her and ~o~ every State of the Granadine Confederation, Bello. Indire~tly, foreigners were affect ed by the methods. Mr. DuquE>, for ·wt~.s~then· called, example, who1sa Cuban-American, sa wall his cattle at Chiriqui driven away as1t the· right of withdraw-al, and guaranteed by foragers for a marching army. He could get no one to testi!J to it (and . their autonomy. so could not collect damages), "for witnesses would be flogged if they gave

- 470 CONGRESSIONAL RECORD-SENATE. JANUARY 5,

such evidence." Soldiers turned his country house into a barracks, ''and I, Two letters were written from Port Limon one to Huertas telling him he'd m:vself," he relates, "saw them and their women bringing my furniture to better read one which was coming to Colonel Ferral. He intercepted the one toWn, piece by piece, to sell it at the pawnshops." One hears of several for­ addr_essed to Colonel ~erral. It see~ed to hint a.t an attempt to recapture the eigners who lost money because "voluntary subscriptions" left men unable garriSOn for ColombmJ and forthWith he arrested everybody mentioned m to pay their just debts. the Ferralletter, ran tnem at point of bayonet aboard a train for Colon to be RAISING THE COST 011' LIVING. taken out of the country. Monopolies were granted in ice, tobacco, salt, pearl fishing, lotteries, gam­ "I shall be landed on the beach at Port Limon," remarked Colonel Lorano bling, butchering. Ice, which is a. necessity of life in this climate, was 25 cents good humoredly, "with only $2 silver in my pocket. I am sorry now I took a pound. A farmer coUld not kill his own cattle for market without paying the trouble to pay all my bills before leaving Panama." $10 a head to the concessionaire. Swine had to yield$4 a head. Salt the Gov­ He proi;ests_that h~ would lik~ to stay j.n ~e new Republic. "Why should ernment bought from the concessionaire at $1.50 a hundredweight and sold I plot aga1nst It? I Slgned allegiance to It, With the rest, and thereby sacri­ it to the people·at $!. Nobody could sell tobacco except lsa.a.c Brandon & ficed connection with Colombia. If I should go to Colombia, I'd be shot for Bro. Nobody could wholesale cigarettes except Piza Piza. The prices were treason." F. c. "all the traffic would bear." If the people were squeezed too much they bought less. So it was more profitable not to kite rates too high. The ice Mr. LODGE. That, I think, is pretty good testimony as to the monopoly paid the Government $1,000 a month for a while and the price of conditions down there in Panama. ice to the consumer was 10 cents a pound. Then Bogota rru.sed1 the rental to $2,000 and permitted the concessionaire to eharge the consumer 25 cents a Now I come to the question of the incidents which led up im­ pound. On this basis the concessionaire lost money. The sale of ice de­ mediately to the recognition of Panama by the United States. I creased, and at last he could not pay the rent of his monopoly, and Mr. Duque will first show how they knew of it in Bogota. Mr. Beaupre, on was appointed to run the business for the Government itself, reducing the the 21st of October, wrote: price to "what the traffic would bear." ~~ I have the hono:t: to info!ID you that there is no d.isguising the alarm GOVERNOR .ALBAN. eXJSting as to the poSSible action of the Government of the United States Alban seems to have been the most oppressive of the military governors. should the feeling of disaffection undoubtedly existing in the Department of Yet there was a. quality in him which now and then touched the hearts of the Panama find expression in overt acts. This alarm took the form of a heated people. He was exceedingly brav~ 1 and was killed at last in a naval battle in debate in the Senate lesterday, when the Government was again attacked Panama Bay, and he lies at the bonom with his ship. for the appointment o Senor Obaldia as governor of Panama. Two sisters came to him to seek the release of their brother from prison. "Bring me $400," he answered them, "and he can go free." On October 29 he telegraphed: The girls sold all their jewelry, but could raise only $D). "I must have October 29, 1 p. m. Please give instructions to consul-general at Panama the full $400," he insisted. The g1rls borrowed the other $100 of a usurer, a.nd keep me advised by cable matters of consequence. returned with the money. At that time it was so well known in Bogota what was impend­ "Ah, I thought you could get it," he remarked. "How did you do it?" They showed him the receipts for the jewelry; they showed him the con­ ing that he thought it important he should be in immediate com­ tract with the usurer. munication with the consul-general. "WhatJ" he exclaimed, "10 per cent a month?" He sent at once for the The PRESIDENT pro tempore. Will the Senator from Mas­ nsnrer. "You took the jewels of these girls giving them only $ilX) a.nd then yon sachusetts suspend for one moment? The hour of 2 o'clock has charge them 10 per cent a month on the other $100? Bring those jewelS to arrived, and under the rule the Senate should proceed to consider me. Brin15 also their contract to pay." When the usurer came ba.ck Alban the Calendar of General Orders. gave the ~ewels to the sisters, tore up the papers, sent the money lender back to hiS pawnshop, wrote out a full pardon for the brother of the girls, Mr. FAIRBANKS. Mr. President, I ask that the Senator from and-kept the $4.00 as punishment to the usurer. · Massachusetts may be permitted to proceed with his remarks to OTHER EFFORTS AT SEP.A.R.A.TION. their conclusion. Natives make out that the revolutionary or separatist spirit has been Mr. MORGAN. I should like toaskinthisconnection whether long years growing. Seventy years a~o, when the Isthmus cut loose from there will be any objection to making the resolution the regular .S])8J!l, it spontaneously joineii Colombm. "That country acqUired it free of expense, without the cost of a penny or order for 2 o'clock until it is di.sposed of. I should like to have a life," as one of them puts it, "but she did not properly value it, for only that question put to the Senate. misrule and oppression followed. The Isthmus was used merely as a source Mr. LODGE. I havenoobjection,of course, Mr.President- of revenue. Pondering this, our people. grew resentful. Several attempts to separate from Colombia were made. One of Bolivar's soldiers, General Mr. SPOONER. Let that- ' Espinar, headed a. revolution in 1830, and he set up a free state, but by reason Mr. HALE. The Senator can gain all he requires withoutcom­ of sweet words the Isthmus soon went back to Colombia. The sweet-words mitting the Senate to an order of continuing business if the Sen­ meant nothing. Old practices were reverted m. Remonstrances were of no a.vail-inlaild politicians treated us more like serfs than brothers ate consents now unanimously that the consideration of the reso­ "In 18!0 there was a revolution which gave another opportunity of break­ lution may be proceeded with. I should not want to agree that ing away. Under Colonel Herrera independence was once again proclaimed. it shall be made the continuing standing order, but I have no ob­ It w&s short lived. "In 1855 Panama was permitted to be governed by its own special laws, jection to its being considered, and that the consideration may be and there appeared to be an era of satisfaction ahead, when General Masquera proceeded with. rose up, overthrew the Government at Bogota, became Dictator, and sent Mr. MORGAN. Does the Senator mean for to-day? Murillo Toro to Panama to attach it to his cause. A fair treaty was entered into with him; but the Dictator repudiated his work and sent down an army The PRESIDENT pro tempore. The Chair calls the attention to compel adhesion unconditiona!!Y. Panama became as a conquered lanct, of the Senator from Maine to this: Two o'clock has arrived. and was treated accordingly. Her governor was replaced by one of the Suppose that by unanimous consent the resolution is proceeded Dictator's creatures. HIGHER EXPENSES IMPOSED. with, does it not become unfinished business, and would that not "During the three years' war, which ended one year ago, we were sub­ be its position to-morrow? · jected to numberless oppressions, heavily taxed, and charged enormously for Mr. HALE. I should want the agreement made in such a. way the nece'3saries of life. That has taught us several things about Colombia that it was not hard andfasttoexcludeallotherbusiness. I have and about ourselves. It tau~ht us, for one thing, the extent of our own re­ sources, and we began to think once more of separation. We looked upon no objection to its being proceeded with for the rest of the 'day. the building of the canal as a matter of life or death to us. We wanted that Then we can deal with it at the end of the day and the' situation because it meant, with the United States in control of it, peace and prosperity at that time. I should object to anything else. for us. President Marroquin appointed a.n isthmian to be governor of Panama; and we looked upon thatasofhappya.~. Mr. MORGAN. There is a difficulty in the way of proceeding "Soon we heard that the canal treaty was not likely to be approved at Bo­ with it for the rest of the day, provided we reach a. vote on it, gota. Next we heard that our isthmian governor, Obaldia, who had scarcely for the reason that the Senate has not been notified of any such assumed power, wa.sto be superseded by a soldier from Bogota. We thought that the days of misrule were upon us once more. We decided to strike a proposition, and it is very thin, particularly on this side of the blow for freedom. General Huertas, in command of the troops here, gladly Chamber. I would suggest that the Senator from Massachusetts joined us. General Tovar was coming to take his place. General Pompillio bepermitted to :finish his remarks this morning, and that the reso­ was co~~ to take the place of Obaldia. Tovar was to receive from Pana­ mans 1,"-A.., whereas Huertas had been getting only 4.00. Poml)ill:io was lution go over to take a place to-morrow morning at the close of to have a salary of $2,00J, although Obaldfu's had been only $800. This was the routine business. penalty imposed because Bogota had heard that Panama had thoughts of 1\Ir. LODGE. That it shall go over without prejudice. disloyalty and independence. "Notwithstanding all th&t Colombia has drained us of in the way of reve The PRESIDENT pro tempore. The Senator from Alabama nues, she did not bridge for us a single river, nor make a single roadway, J?.Or asks unanimous consent that the Senator from Massachusetts may erect a single college where our children could be educated, nor do anytning proceed with his remarks, notwithstanding the fact that the hour at all to advance our industries. * * * Well when thenewgenera.lscame, we seized them arrested them, and the town of Panama was in a joy. Nota. of 2 o'clock has arrived, and that this resolution shall be consid­ protest was made, except the shots fired from the Colombian gunboat Bogota, ered in order-to-morrow morning immediately afte1· the conclu­ which killed one Chinese lying in his bed. We were willing to encounter the sion of the morning business. Colombian troops at Colon and fight it out, but the commander of the United States cruiser Nashtille forbade Superintendent Shaler to allow the railway Mr. HALE. That does not make it a continuing order after to transport troops for either party. That is our story." the termination of the morning hour? LITTLE OPPOSITION. Mr. MORGAN. Not at all. Panama evades much, gains more, and loses nothing at all in achieving The PRESIDENT pro tempore. The Chair would rule that it separation with American bayonets to maintain it. She will get $10,000,000for did not make it the unfinished business. canal ri~hts; will ha. ve her two main towns cleaned by the United State~\ and will derive obvious and tremendous benefits from the incoming of the -mou­ Mr. HALE. Then I have no objection. sa.nds of canal workmen. The PRESIDENT pro tempore. Is there objection to the re­ Her materin.l advantages are so clear that it is natural that opposition to her new direction should be difficult to find. The church. of course, will have quest of the Senator from Alabama? The Chair hears none, and it to readjust its manner of SUJ>port, as it did in Cubs a.nd the Philippines; but is agreed to. Saturday's outbreak in the barracks was of no account as a sign of opposition. Mr. LODGE. Mr. President, it will be noticed that on Oc­ If the Spanish method of doing things was not still unconsciously influen­ tober 29 Mr. Beaupre in Bogota thought the revolution was im­ tial with the provisional government, there would have been no deportation of soldiers, for the evidence on which, without a hearing, they were adjudged pending and on the 31st he says: Jr~!Y" of conspiring to kill the commanding general, Huertas, was very The people here in great anxiety over conflicting reports of secession move­ y and the action somewhat hysterical. ments m the Cauca and Panama. J 1904. CONGRESSIONAL RECORD-SENATE. 471 \ In other words, on the 31st of October people in Bogota had peace across that fmeof transit, and yet he is charged with having reports that revolution had actually broken out, and on November made war. 18 he heard from our Government the action that we had taken. Well, Mr. President, if he did make war by that act he had a Now, that is what was known in Colombia. The talk had begun good Democratic precedent for an Executive making war. Mr. in Bogota as early a.s May about a probable revolution in Panama. Webster said in a speech in Faneuil Hall, and I use his words be­ It was the common talk of the city. It was openly spoken of by the cause they are particularly good: representatives of Panama in the Congress. It was openly discussed The Mexican war is universally odious throughout the United States, and everywhere days before it occmred. So expected was it that there we have yet to find. any Sempromus who raises his voice for it. were rumors in Bogota that it had occurred before N ovelll,ber 3. Some one in the gallery asked who voted for the war and Mr. All the world knew la.st summer that there was revolution im­ Webster repliedt "Nobody at all; the President made it without pending. The correspondent of the New York Evening Post for any vote whatever." December 8 says that they were planning revolution in Panama That is good Democratic precedent if it is held that war has early in May. I happened to be out of the country, seeing only been made by the executive authority; but, Mr. President, there foreign newspapers in London and elsewhere, but it was a matter is no need of citing President Polk's action or that of anybody of common knowledge, both in Europe and in England, that revolu­ else. There has been no war on the Isthmus, and the result of tion was impending in Panama if the treaty was not agreed to. our landing troops is that, instead of that Isthmus being drenched That knowledge, of course, came to the Executive. He had in­ in blood by contending factions, there is absolute peace. There formation also from our naval and military officers, which has has been no life lost except that of the unfortunate and inevitable been cited in his message. It was his business to keep informed, Chinaman, who was killed in his bed by a shell from a Colombian but the fact of information does not imply assurances or conniv­ gunboat. I think it is a good thing to have stopped the fighting ance, and the insinuations of connivance and incitement have al­ there, even if nothing else was effected. ready been denied in a manner which requires neither repetition We have seen, therefore, that the President, in common with all nor support from me or anyone else. Those insinuations have the rest of the world, knew B. revolution was impending. He had been spread abroad for political purposes and by persons outside certain duties to perform; he made reasonable preparations, if the Capital for much more- discreditable objects. The Pre~ident anything too inadequatet for what he anticipated. When the would have been in thehighestdegree censurable ifhe had not taken revolution came he prevented fighting and kept the transit open. every proper precaution to prepare for the event which the reports I think that was a wise and proper step to take, one which it was of the disturbance on the Isthmus suggested. Re was bound to his plain duty, even if he had not de.sired to do so. carry out the proVisions of the treaty of 1846. We have always The matter of recognition followed quickly, because it was an construed that treaty to mean that we were charged with the re­ occasion in which it was in the interest of the United States, as sponsibility of keeping open the transit across the Isthmus; that the recognizing Government, to act quickly. I think myself, Mr. we were not charged with the duty of enforcing the power of Co­ President, that the President of the United States would have lombia if there was a revolt; that we were there to protect it been in the highest degree blameworthy if he had not taken pre­ against foreign aggression, but that our p1imary duty was to keep cautions and if he had not protected the transit across that Isth­ it open and uninterrupted. mus. Our naval forces there prevented those people from getting All this information had come in upon the President, and he at each other's throats. They held back one as much as the other, had a.s in duty bound considered it and watched eV-ents. Finally" and the result has been the establishment of that Republic by the there came what constitutes the first act of our Government. people of Panama without any serious opposition to it within its News arrived that Colombia was about to land a force of 6,000 own borders. men at Colon, and the Acting Secretary of the Navy on Novem­ That we are not alone in so judging the event is shown by the ber 2 sent this dispatch: · list of governments which have recognized the independence of Maintain free and unintelTllpted transit. If interruption threatened by armed force, occupy the line of railroad. Prevent landing of any armed force Panama, and which I shall ask to have printed with the dates of with ho3tile intent, either Government or insurgent, either a.t Colon, Porto recognition·. It is worth while to read them over again, for peo­ Bello, or other point. Send copy of instructions to the seniol' officer present ple forget that the world has given full assent to the justice of at Panama upon arrival of Boston. Ha.ve sentcop_Y. of instructions and have telegraphed Di:cie to proceed with all possible dispatch from Kingston to our action. Colon. Government force reported approaching the Isthmus in vessels. The United States recognized Panama on November 13, then Prevent their landing if in your judgment this would precipitate a conflict. Francet China, Austria-Hungary, Germany, Denmark, Russia, Acknowledgment is required. Sweden and Norway, Belgium, Nicaragua, Peru, Cuba, Great That was the first step. The next day, November 3, a press Britain, Italy, Japan, Costa Rica, and Switzerland. bulletin having announced an outbreak on the Isthmus, the Act­ List of governments which have recognized the independence of Pananw, with ing Secretary of State telegraphed to the consul at Panama: the dates of recognition. Uprising on Isthmus reported. Keep Department promptly and fully in­ United Stat.es ___ ----- ____ Nov. 13, 1903 Nicaragua __ --·-~----- ____ Dec. 15, 1903 formed. Fra.nce--·------Nov.16, 1903 Peru ______Dec, 19,1903 China------Nov. 26,1.903 Cuba... ______.Dec. 23,1903 The reply came back that there was no uprising, that it was ex­ Austria-Hungary ______Nov. '.fl, 1903 Great Britain __ .~~. ______Dec. 24,1903 pected that night. Within a short time, a little more than an Germany ------··--Nov. 00, 1903 Italy ------~--~----Dec. 24, lim hour, came the dispatch: Denmark ______Dec. 3,1903 Japan______Dec. 28,1003 Russia -----·------Dec. 6,1903 Costa RicR.------···------Dec. 28,1903 Uprising occurred to-night, 6; no bloodshed, etc. Sweden and Norwav ____ Dec. 7, 1908 Switzerland------____ Dec. 28,1903 The rest of the story is fully set forth in the dispatches from Belgium------__ : _____ Dec. 9.1903 the State and Navy Departments which the President has trans­ Those recognitions indicate that the rest of the civilized world mitted to Congress. do not think it was a very unreasonable thing for us to have Mr. President, the preparations that have been very largely recognized that new Republic quickly. talked about, and which I have no doubt were adequately made, Among the multiplicity of objections brought forward to our really resulted in the presence of one vessel of war at Colon. We action is the objection that Panama ought to pay a part of the landed from that vessel forty-two sailors and marines. The land­ debt of Colombia. I should like to know when it became a prin­ ing party was commanded with j ndg:ment. The captain of the ciple of international law that a seceding state, if it succeeded in Nashville showed the utmost discretion and firmness. He pre­ establishing itself as a separate government, ought to pay any part vented with an even hand either party from using the railroad. of the debt of the country from which it separated. When we sepa­ He prevented bloodshed. He kept peace on the Isthmus. Mr. rated from England I do not recollect that we took up any por­ President, the President of the United States has been assailed tion of the impe1-ial debt for payment, and I never thonght any for landing troops. He has landed no troops. Some sailors and dishonor attached to us because we did not offer to pay our share of some marines have been landed, and he has been charged with that debt. When Cuba was freed by our hands we insisted above having made war by the act of recognition and by the landing all things that she should not be held liab~e for a single dollar: of of the forces of the United States. the Spanish debt, and we would not permit that that separating It is perfectly certain, Mr. President, that the act of recogni­ state should be responsible for any part of the debt of the mother tion by all the best authorities is held not to be in itself an act of country. war. As for the landing of those sailors and marines to keep Mr. SPOONER. Will the Senator permit me to make a sug­ order, we have .done it over and over again. We did it in 1900; gestion on that point? we did it in 1901; we did it in 1902. The dispatches of 1£01 and The PRESIDENT pro tempore. Does the Senator from Massa­ 190~ we1·e read in the P1·esident's message here yesterday. The chusetts yield to the Senator from Wisconsin? Admiral there at that time telegraphed to the Department that Mr. LODGE. Certainly. he ha:l only allowed the troops to go without their arms and Mr. SPOONER. I wish also to allude to the fact that a part of under our naval guard, and that he had allowed the arms to go that debt was secured by the hypothecation o~ Cuban !evenue, by a freight train-a separate train-also under guard. Colombia and still we would not permit Cuba to be held liable ~or 1t.. . has asked us to keep that line of transit open over and over again. Mr. LODGE. Certainly. As the Senator from WISCOJ?-Sm has She asked us to do it on this very occasion. Under the treaty of well suggested though the revenues of Cuba. were particularly 184.6 the President had no choice except to maintain order and hypothecated for that debt, though it was made a special Cuban 472 CONGRESSIONAL REOORD~ENATE. JANUARY 5, debt, we would not permit it to become any part of the obligation from the canal, and yet it is of immense intet_est to the .people of of the new State. New England that there should be that quickened communica­ Mr. MORGAN. Will the Senator from Massachusetts permit tion to the East. Deep as our interest is far up there on the At- me to ask him a question? . Iantic coast, it is nothing to the interest of the people of the Gulf- The PRESIDENT pro tempore. Does the Senator from Massa- to the people who are selling their cotton as well as their manu-- chusetts yield to the Senator from Alabama? factures in the East. Most important of all, Mr. President, more Mr. LODGE. Certainly. important than any commercial advantage, is the fact that it Mr. MORGAN. The Senator has read a list of governments makes the coast of the United States practically continuous from which have recognized something in Panama. I do not know the Columbia River to the extremest boundary of Maine. whether it is a government de facto or a government de jure, or Mr. 'President, the commercial interests, the interests of our whether the independence or sovereignty of Panama has been self-protection, involved in that canal are of the largest possible recognized by these countries. Does the Senator know? kind. It seems to me that it gives us a stake in that Isthmus Mr. LODGE. I do not understand the Senator's question. which can not be overestimated. We also stand before the world Mr. MORGAN. I say I do not know whether the form of rec- as the nation which has taken up this great task of opening com-· ognition by these various governments as to the Government of munication between the Atlantic and the Pacific. The civilized Panama was that it was a de facto, a de jure, or a sovereign and world has committed that work to us and has done so gladly." independent government. Does the Senator know? We stand in relation to that Isthmus not only for our own interest, Mr. LODGE. Mr. President, it was a recognition of the Gov- but as the trustee of the interests of the whole civilized world. ernment as an independent de facto government with whom they The people who live there, who own it if any people in the world could transact business-the usual recognition. own it absolutely, are anxious that we should go there and build Mr. MORGAN. That is independence. a ~anal on our own terms. We are not taking it from the peo- Mr. LODGE. I never heard of a recognition with a reserva- pie who dwell there. They are only too anxious to have us come. tion. Perhaps the Senator has. . But there are a few people up in the mountains and on the great Mr. MORGAN. That is a new phrase to me-" an independ- plateaus in the interior, farther removed from Panama, so far as ent de flkto government." actual communication goes, than we are in the United States, and Mr. LODGE. TheGovernmentwasdefacto. Theyrecognized they have undertaken to.say that Panama shall not have that it as an independent government without any qualifications what- canal; they propose. to take from Panama, if they could make a soever, of course. treaty, every dollar that is involved in it-people who do not own Mr. MORGAN. Is the Senator sure of that? the territory and whose interests are trivial compared to the rest Mr. LODGE. I never knew of recognition being accorded with of the world. I do not think, Mr. President,· that those people qualifications or limitations. have the right to stand across the pathway of the world's com- Mr. MORGAN. I was merely inquiring as to the fact. merce and say,'' Here it shall not come." I think that it is part Mr. LODGE. I understand it was a complete recognition in of our duty t.o do just what we have done. I think we should every case-as complete as ours. have been false to our duty if we had not done it, and there is Mr. MORGAN. My understanding has been quite the reverse, nothing_ whatever in all the action of the Colombians, of whom and therefore I asked the Senator. Ol:l.1""" treatment has been more than generous, which should make Now, may I ask theSenatorwhetherany of those governments, 'US repent of any act that has there been committed. having .recognized whatever they have recognized, have not in Mr. President, this seems to me-if it can be said truly of any effect insisted that Panama is obliged under the laws of nations question-to be a question that is not one of party Certainly it is to assume a part of the debt of Colombia? - a question in which the interests and the hopes of all the people of Mr. LODGE. I do not understand that any government has the United States-North and South, Democrat and Republican- insisted on it. are alike bound up. I think it is a great achievement. in which we Mr. MORGAN. Or was insisting? • should all be proud to take a part. I never in my life, I think, Mr. LODGE. I do not understand that any has insisted. questioned the motives of anybody who differed from me, and I Mr. MORGAN. Then the newspapers are in error. do not now; still less should I impugn the patriotism of Senators Mr. LODGE. I think that highly probable, though I make that who hold a different view of this question from my own. I only statement, of course, with great reservation and great hesitation. ask from them the same belief in my sincerity that I accord to Undoubtedly the British bondholders and other bondholders have theirs; but I do think that it is fairly open to discuss this question been talking about their Colombian bonds, but I do not under- from a political standpoint, and I confess the attitude assumed stand that any government has put any qualification on their rec- by some portions, at least, of the Democratic party is very ognition of Panama. curious and interesting. Mr. MORGAN. The Senator never knew a Britisher to joke I know well that_there are some members of that party here about money, did he? and large numbers of that party outside of Washington who are Mr. LODGE. As a matter of fact, in the papers sent in yester- as zealous and as eager for the promotion of this canal and the day-- • ratification of this treaty as any people can possibly be. I know Mr. SPOONER. The Senator will, of course, see that the rec- too that there are others-for I have read debates which have ognition of the liability of a government and the demand that occurred elsewhere-who. while they protest their hatred of the they agree to pay a part of the debt of the government frc-m which sinner, seem perfectly willing to embrace the sin. But, Mr. Presi­ they have separated could not be anything else than a recognition dent, there· is still another element which seems desirous to make of the former's independence. this a party question and to extract from it political capital. It Mr. MORGAN. And nothing else. seems .to me that a stranger idea than that never entered into Mr. LODGE. But, Mr. President, as a matter of fact Panama the head of man. has made an offer, and authorized it through her minister here, I quite agree with the saying of Disraeli that" the business of and has announced her intention and her willingness, as appears an opposition is to oppose," but I think that great parliamentary in the correspondence transmitted yesterday, to assume one- leader, when he uttered that epigram, postulated that the oppo­ fi.fteenth of the debt-her population being one-fifteenth of the sition should be intelligent, for he knew perfectly well that the population of Colombia-and she has also proposed that $8,000,000 duty of an opposition was to be always ready to take up the gov­ of the $10,000,000 should be held in trust by the United States. ernment from the hands of those who were then administering it, Those do not seem unreasonable or unfair propositions. and that nothing could so soon prevent the rise of an opposition Mr. MORGAN. May I ask the_Senator is there any condition to power as their convincing the electorate that they were not fit annexed to that proposition requiring that we are to furnish the to govern. Such unfitness is very easily shown by the attitude of money? an opposition; and when a party thinks that there is political Mr. LODGE. We are to furnish what money? capital to be gathered in resisting the policy which would begin Mr. MORGAN. To pay the debt she insists she is ready to at once the opening of that great canal, I think, Mr. President, if assume. I may be pardoned for saying so, that it exhibits a misapprehen- Mr. LODGE. Of course we have . to pay the $10,000,000 under sion which it is hard to fathom. I have been reminded by this the treaty. I suppose she means to take part of that $10,000,000 Democratic opposition on several occasions of Doctor Johnson's to pay her share of the debt. remark about Thoma-S Sheridan, the father of the great drama.­ Mr. MORGAN. I was only thinking it would be a pretty bad tist and orator. He said: "Sherry is dull, sir, naturally dull. but debt if we did not furnish the money. he must have taken great pains to arrive at his present position. :M.r. LODGE. I think it is undoubtedly a very bad debt now . Such an excess of stupidity is not in nature, sir." [Laughter.] so far as Colombia is concerned, but I think if Panama under- 1 Mr. President, think of the proposition of making political capi­ takes to pay it it will be a very good debt. I tal out of a question of this nature. As a Republican I should Mr. President, this question is an American question, and our . ask nothing better than to have the Panama Canal made the issue interests in it are very profound indeed. The portion of the coun- in the impending campaign. I think, indeed, that a good deal of. try_w~ch I have the honor to represent in part is far removed valuable material has already been given us in that direr,tion, but 1904 . . CONGRESSIONAL RECORD-SENATE. 473 \ . I should be very sorry, as an American, to see the work of build- I to fight the campaign of 1896 on the performances of Mr. Cleve­ ing the canal delayed, and I believe, Mr. President, that when it land's Administration. They repudiated him and his Adminis­ is thought over seriously by the Democratic party they will see tration, and we were deprived of the opportunity of discussing it. that there are more judicious courses than to oppose simply be- We may say what we will about the silver issue, but it was a cause the other party proposes. There must be grounds of oppo- better issue for the Democratic party to meet the country on than sition more relative than that if you would satisfy the American. what had gone before; and when I saw the accounts of this de­ people, and I am sure that the Democratic party will not always lightful banquet in New York and read those inspiriting speeches be deceived by the solemn face of an appar~nt wisdom which and observed the Democratic party once more, through its chosen sometimes proves to be nothing but that ordinary cunning which leaders there present, preparing to stand across the pathway of overreaches itself. . American progress and proposing to put at their head the man who Mr. President, my own feeling about this policy in regard to last held power in their name I confess my spirits rose higher than Panama I can best express by comparison with the great event ever about Republican prospects. I thought of what a pleasure which we are about to celebrate at St. Louis. When Mr. Jeffer- it would be to contrast the policy which tried to set up Liliuoka­ son bought the Louisiana territory in 1803, 'he met with deep oppo- lani in Hawaii with the policy of the Republican party which has • sition, chiefly from men representing my own part of the country. made those islands a part of the United States; to contrast the They were honorable, high-minded men, although they made then tariff which they passed, and which their own President called a great mistake. But what I wish to call attention to is this: Mr. the "tariff of perfidy and dishonor," with the tariff we passed; to Jefferson believed that when he made that purchase he was tran- examine the history of the loans which they made in a time of scending his constitutional powers. I do not think that he was· profound peace to the bankers of New York with an interest rate posterity does not think so; but he thought so at the time, and far above what the United States could borrow at even then, and even went so far as to suggest the passage of a constitutional contrast them with the popular loan which we made in time of amendment. And yet, thinking so~ he went boldly on and per- war; above all I should like to compare that era of panic and ·fanned what I regard as the greatest act of his life; did what I depression with the prosperity which followed. The whole field consider- OI;l.e of the great acts. of American history; certainly fairly bristles with delightful contrasts. I think, Mr. President, reared to himself the most splendid and enduring monument that that nothing could be happier for us-and we have had a great any man could rear. Mr. President, there has been no occasion deal of good fortune in time past showered on us by our Demo- . here for any man to doubt. about constitutional powers. Laws cratic friends"7"than to have them nominate the last Democratic and constitutions are not disregarded by men-as- familiar with the reform President, with the agreeable record of his last Adminis­ history of their counti·y as the President and the Secretary of tration as a theme for debate, on a policy of sustaining Colombia State. The Secretary of State is one of the most accomplished and opposing the United States in digging the canal at Panama. men who ever held that great place. I doubt if anyone has ever [Manifestations of applause in the galleries.] rivaled him in his familiarity with what has gone before and with The PRESIDENT pro tempore. Under the unanimous-con- I the-acts of· ail-his predecessors~ : The President and the Secretary sent agreement the resolution takes its place immediately after of State have regarded this question with the deep s~nse of re- the conclusion of the morning business to-morrow. sponsibility which comes upon men who in high executive posi- MISSISSIPP~ RIVER BRIDGE AT GRAYS POINT, MO. tion are called upon to take a momentous step. I believe·they acted as patriots and as far-seeing Americans; and when that canal Mr. COCKRELL. I ask unanimous consent for the present is completed-and I hope not many years will pass until that hap- consideration of the bill (S. 2300) to supplement and amend an pens-I believe that then the voice of the American people will act entitled "An act to authorize the construction of a bridge acclaim the action of· this Administration, which threw open the across the Mississippi River at or near Grays Point, Mo.," ap­ gateway between."the -Atlantic and the Pacific oceans, even as they proved January 26, 1901, This bill has been favorably reported acclaim the action of Jefferson when he bought the territory of from the Committee Qn Commerce, and it is important that it Louisiana. should be passed at once, as it is only an extension of the time Mr. President, I had meant to stop here, but these are days when for the construction of the bridge. It will take but a moment. new events tread fast upon each other's heels. This morning I There being no objection, the Senate, as in Committee of the had the pleasure of reading the account of a great banquet in New :Whole, proceeded to consider the bill. York and I can not properly finish without an allusion to something The bill was reported to the Senate without amendment, ordered that was said there. It seemed to me a most interesting occasion. to be engrossed for a third reading, read the third time, and passed. Tammany Hall and the remnants of the Democratic reform ad- INTERVENTION IN coLOMBIA. ministration nestling under the wings of Mr. David B. Hill! I do Mr. GORMAN. In view of the fact that by consent the morn- not know which was the lion and which were the lambs, but they ing hour to-day was ~aken up in order that the Senate might hear were certainly all lying down together. [Laughter.] Among others present was a very distinguished citizen of my own State, the Senator from Massachusetts [Mr. LODGE], I ask unanimous whom I am very proud and happy to call my personal friend. I consent to submit at this time a resolution of inquiry on the sub_- · h h · liti 1 t' b t h d ject discussed by the Senator from Massachusetts. It calls for very rare1 Y agxee Wit rm on any po ca ques IOn, u e ma e some additional papers in connection with the matter pending be­ a single statement last night with which I think I am in more or less agreement. He referred in a picturesque way to the dread- fore the Senate. I offer the resolution which I send to the desk. _, h h b b th R bl' t · 't The PRESIDENT pro tempore. The Senator from Maryland ft.u career t at as een run Y e epu 1Can par Y smce 1 came asks unanimous consent to present at this time a resolution. Does into power in 1896. He said that we had passed from 'a needless the Senator ask for its present consideration? war with Spain to a wanton war with Colombia." "Needless war with Spain!" Mr. President, I am inclined to ~~ g~~~~NTIp~~· ~pore. .A.Iid he asks for its considera- think that the adjective was well chosen. If~ when the first stir- tion now. The resolution will be read to the Senate for its infor­ rings for independence had come in that island, the Administra- tion of Mr. ·cleveland ha·d behaved with sense and courage; if mation. they had told Spain that the time had come when the United The Secretary read the resolution, as follows: States could no longer hold back and that Cuba must be free, I Resolved, That the President be requested, if -not in his judgment incom- . d th d I b 1' th t patible with the public interest, to inform the Senate: have always beli eve d - I b e1 1eve en, an e 1eve now- a 1. The date when and the circumstances under which the United States Cuba would have obtained her independence, perhaps after some intervened for the first time and each succeeding time with a military force protracted negotiations, but without any war by us. I have al- in the internal affairs of New Granada or Colombia under the treaty of 1846; ays thought that if that Administration, instead of taking conn- whether such intervention was on the initiative of the United States or by W the request of New Granada or Colombia, or in consequence of any official sel with the minister of Spain and a great sugar planter in Cuba, representation of either, and also to transmit t.o the Senate copies of the let­ had been guided by a sound and brave American spirit before ters or notes in the Department of State, and of the orders by the Navy De- · th · 1 d · ht partment relating to such intervention. Spain had squand ere d bloo d an d treasure m · e 1S an 'we mig 2. Also to inform the Senate whether or not the United States has been indeed have been saved from the war. • asked by New Granada or Colombia or any official representative of either And, Mr. President, I look forward with great interest and great to execute by armed force either the guaranty of the neutrality of the Isth- · t th th d b th S t mus or of the sovereignty of New Granada or Colombia over the same, and P1 easure to the P1C ure at was ere rawn Y e ex- ecre ary if the United States has been so asked, then the dates and circumstances of State when he eulogized the last Democratic President. Ap- thereof, and to send to the Senate copies of the letters or notes in each case parently in twenty years he is the only candidate they can pro- conveying the application and what was done thereunder by the United duce, and Mr. Olney seems to think he is the only one they can StS~d also to inform the Senate in which, if any,ofthedisturbanceson the run. Very well, Mr. President, whatever his strength or what- Isthmus of Panama referred to by the President in his last annual message ever his weakness,! can not refrain from saying that his nomination the United States intervened by the employment of military force solely on would present me at leastwith one great source of pleasure. His ~~doi::oi~t~~6::r:~eu~!!~t~~fbt~!h:u·~=~~c~~\~~§_g~~~~~~ Administration has never been discussed. I do not regard the quired such intervention\ and transmit copies of the orders issued by the Democratic. party-this, I suppose, is a partisan remark, but I Navy Department for sucn purpose. · I d t I d th D ti t 4.. And also that he will inform the Senate of the dates when and circum- shall mak e It- o no ' say • regar e emocra c par Y as stances under which the United States has intervened in the internal affairs always abounding in good sense, but they had too much sense of New Granada or Colombia by military force~ aid of a revolt or rebellion 474 OONGRESSION .AL RECORD-HOUSE. JANUARY 5,

or. disturbance of the peace therein, or to suppress such revolt, rebellion, or disturbance. HOUSE OF REPRESENTATIVES. 5. And also to inform the Senate which words if any, in the treaty of 1.846 authorized the United States, in the opinion of the President, to enter by TUESDAY, JanuGJry 5, 190-'i. military force a.nd uninvited into the t~ritorial jurisdiction of New Gran­ j ada. or Colombia. in order to prevent the interruption or embarrassment of The Honse met at 12 o'clock m. free traffic across the Isthmus. Prayer by the Chaplain, Rev. HENRY N. 9ounEN, D. D. The PRESIDENT pro tempore. Is there objection to receiving THE JOURNAL. the resolution at the present time? Mr. ALLISON. I do not object to receiving it. The Journa~ of yesterday's proceedings was read and approved. The PRESIDENT pro tempore. The Chair hears none. Is Mr. ADAMS of Pennsylvania. Mr. $peaker, I rise for the pur­ there objection to its present consideration? pose of correcting the Journal. I think there is a clerical en-or. Mr. ALLISON. I object, Mr. President. As I understood the reading, it was stated in the Journal that The PRESIDENT pro tempore. The resolution will go over "Mr. GARDNER of Massachusetts" raised the point of order • under the rule. against the resolutiQll., when it was the gentleman from New Mr. PLATT of Connecticut and Mr. KEAN. And be prhted. Jersey [Mr. GARDNER]. It is only a clerical eiTor. The PRESIDENT pro tempor$3. And be printed. The SPEAKER. The J oni'nal is conect. EXECUTIVE SESSION, SYMPATHY AND CONDOLENCE FOR THE PEOPLE FO CIDC.A.GO. Mr. ALLISON. I move that the Senate proceed to the consid­ Mr. EMERICH. Mr. Sx}eaker- eration of executive business. The SPEAKER. For what purpose does the gentleman rise? The motion was agreed to; and the Senate proceeded to the con­ Mr. EMERICH. To offer a Tesolution of sympathy and condo- sideration of executive business. After ten minutes spent in ex­ lence for the grief-stricken people of the city of Chicago, which I ecutive session the doors were reopened, and (at 3 o'clock p. m.) ask the Clerk to read. the Senate adjourned until to-morrow, Wednesday, January 6, The SPEAKER. The gentleman asks unanimous consent for 1904, at 12 o'clock meridian. the present consideration of the following resolution. The Clerk read as follows: Be itresolved by the How;e of Representatives of the United States of .America, CONFffiMATIONS. That the sincerf: and tender sympathy of this body be extended to the grief­ Exec·utive nominations confirmed by the Senate January 5, 1904. stricken citizens of the city of Chicago in their sad bereavement and desola­ tion. INDIAN AGENT. Be it resolvedt That the shocking calamity which has lately occurred in the Ira A. Hatch, of South Dakota, to be agent for the Indiatls of city of Chicago nas S.:{>palled the entire country, and this House, on behalf of the people of the Umted States, is deeply sensible of the sorrow and despair the Cheyenne River Agency in South Dakota. cauSed by this frightful disast.er, and sincerely condoles with the maimed and POSTMASTERS, stricken and those bereaved through the loss of loved ones. Be it furthe-r resolved, That a. COJ>Y of these resolutions, duly authenticated CONNECTICUT. by the S~aker and Clerk of the Honse, be transmitted to the mayor of the Edward B. Bennett to be postmaster at Hartford, in the county Clty of Chicago. . of Hartford and State of Connecticut. Mr. TAWNEY. Mr. Speaker, I would suggest that the resolu­ William H. Brown to be postmaster at Jewett City, in the county tion ought to be amended because of the fact that there were citi­ of New London and State of Connecticut. zens from very many States who were injured or killed in the William Holmes to be postmaster at Shelton, in the county of catastrophe, and the resolution ought to read "citizens of Chicago Fairfield and State of Connecticut. and elsewhere." INDIAN TERRITORY. Mr. EMERICH. Mr. Speaker, I have no objection to the amend­ Robert B. Ross to be postmaster at Tahlequah, in the Cherokee ment. I am satisfied that the loss is mourned not only in this Nation, Ind. T. country, but throughout the civilized world,.as the calamity has K.A.NS.A.S. proven so serious and so widespread that expressions of sympathy W. S. Baxter to be postmaster at Baxter Springs, in the county and condolence have been received from all over the world. of Cherokee and State of Kansas. Mr. TAWNEY. I am informed that burial permits were Harvey J. Penney to be postmaster at Hays, in the county of gran~ed for 238 outside of the city of Chicago. Ellis and State of Kansas. The SPEAKER. Does the gentleman accept the amendment? M.A.INE. Mr. EMERICH. Yes, sir; I accept the amendment. • James H. DeCoster to be postmaster at Mechanic Falls, in the The SPEAKER. Is there objection to the considE'J."ation of the county of Androscoggin and State of Maine. resolution? [After a pause.] The Chair hears none. The ques­ MASSA.CHUSE'l'TS. tion is on agreeing to the resolution as amended. Paul R. Bridgman to be postmaster at Ware, in the county of The resolution as amended was unanimously agreed to. Hampshire and State of Massachusetts. ORDER OF BUSTh'"ESS. William L. Lathrop to be postmaster at Orange, in the county The SPEAKER. The Chair lays before the Honse the follow­ of Franklin and State of Massachusetts. ing message from the President. Henry S. Moore to be postmaster at Hudson, in the county of Mr. HAY. A parliamentary inquiry, Mr. Speaker. Does the :Middlesex and State of Massachusetts. reading of the message of the President interfere with the matter Edward G. Spooner to be postmaster at Fairhaven, in the county of privilege that was up when the Honse adjourned? of Bristol and State of Massachusetts. The SPEAKER. It would come np as unfinished business, be­ Charles E. Wallace to be postmaster at Fitchburg, in the county ing a matter of privilege. Does the gentleman demand the regu­ of Worcester and State of Massachusstts. lar order? James H. Whetton to be postmaster at Highlandville, in the Mr. HAY. Yes, sir; I demand the regular order. county of Norfolk and State of Massachusetts. RULDlG. IDOHIG.AN. The SPEAKER. The Chair desires at this time to correct a George Burkhart to be postmaster at Saline, in the county of ruling made by the Chair yesterday. After the previous question Washtenaw and State of Michigan. had been moved upon this resolution yesterday the gentleman Edward F. Evarts to be postmaster at Chesaning, in the county from New York [Mr. PAYNE] proposed a motion to refer. The of Saginaw and State of Michigan. Chair had in mind clause 4 of Rule XVI, which is as follows: omo. When a question is under debate no motion shall be received but to ad­ William P. Gillam to be postmaster at Nevada, in the county journ, to lay on the table, for the previous question (which motions shall be decided without debate), to ~stpone to a day certain to refer, or to amend, of Wyandot and State of Ohio. or postpone illdefinitely; which several motions sha.ll have precedence in the Vernie E. Humphrey to be postmaster at Fayette, in the oonnty foregoing order. of Fulton and State of Ohio. Charles W. Jones to be postmaster at Waverly, in the county Now, with that rule standing alone, the ruling of the Chair was strictly in accordance with the letter of the rule; but the Chair of Pike and State of Ohio. David H. Perrin to be postmaster at Maumee, in the county of had overlooked Rule XVTI, which is as follows: There shall be a motion for the previous question, which, being ordered Lucas and State of Ohio. by a majority of Members voting, if a quorum be present, sha.ll have the ef­ Charles S. Putnam to ba postmaster at Conneaut, in the county fect to cut off all debate a.nd bring the House to a direct vote upon the im­ of Ashtabula and State of Ohio. mediate question or questions on which it has been asked and ordered. The previous question may be asked and ordered upon a. single motion, a series of Charles B. Saxby to be postmaster at Weston, in the county of motions allowa. ble unCler the rules\ or an amendment or amendments... or may Wood and State of Ohio. be made to embrace a.ll authorizea motions or amendments and include the P:El'I'"NSYLV A.NIA. bill t-o itsJ>assage or rejection. It shall be in order, pending the motion for, or after the previous question sha.ll have been ordered on its passage, for the Michael Weyand to be postmaster at Beaver, in the county of Speaker to entertain a.nd submit a. motion to commit, with or without in­ Beaver and State of P~nnsylvania. structions, to a. standing or select committee. .. 1904. CONGRESSION .AL RECORD-HOUSE. 475

In the opinion of the Chair, if called upon to rule for the first NOT VOTING-162. time and harmonize Rnle XVI with Rnle XVII, the Chair wonld Adams, Wis. Dovener, Kluttz, Roberts, Aiken, Draper, Knop.f, Robertson, La. hold that Rule XVI applies to resolutions and that Rnle XVII ap­ Alexander, Esch, Kyle, Ruppert, plies to joint resolutions and bills. Allen, Evans, Lamar, Mo. Ryan, Evidently, under Rnle XVII, it was the intention of the House, Babcock, · Field, Landis, Frederick Scarborough, Badger, Finley, Legare, Shackleford, by the adoption of the same, to give the Honse an opportunity Baker, Fitzgerald, Lilley, Sherman, after a bill had been engrossed and read a tlrird time, if there Bankhead, Fitzpatrick, Lindsay, Shober, were accidents, or for any reason it was the sense of the House Bartholdt, FlacK:, Littauer, Sibley, Bassett, Foster, ill. Littlefield, Skiles, that the bill ought to be recommitted, to have that opportunity. Beall, Tex. Foster, Vt. Livingston, Small, In practice that motion is in constant use in the ordinary business Bell, Cal. Fowler, Lorimer, Smith, Iowa of the Honse in cases where the previous question is ordered upon Benton, Fuller, Loud, Smith,Ky. Bowersock, Garber, Lovering, Smith, Samuel W. the bill to its passage after the bi.l1'has been engrossed and read Brantley, Gardner, Mass. Lucking, Smith, N.Y. a third time. But the Chair does not feel at liberty or believe Breazeale Goebel, McAndrews, Southard, that it wonld be a correct ruling, in view of the practice of the Broussard, Goldfogle, McCleary, Minn. Southwick, Brown, Wis. Gooch, McDermott, Sparkman, Honse heretofore, to so harmonize these two rules. It has been Brundidge, Granger, McMorran, Spight, the practice of the Honse, certainly from the time of Speaker Burgess, Greene, Maddox, Steenerson, Crisp, to hold that Rnle XVII applies to resolutions as well as Burleigh, Griffith, Mahoney, Sullivan, N.Y. Butler, Mo. Gri!~~. Marsh, Tate, to bills. That was followed by Speaker Reed and also by Speaker Byrd, Ha · Marshall, Thompson, Henderson. Calderhead, Haugen, Meyer, La. Tirrell, Gentlemen are familiar with that fact, for the reason that in Caldwell, Hearst, Morgan, Townsend, Capron, Hem·y, Conn. Mudd, Trimble, cases of resolutions reported from Election Committees in the de­ Cassingham, Hildebrant, Nevin, Vandiver, termination of election contests it has been the constant practice Cooper, Tex. Hill, Miss. Norris, Vreeland, after the substitute was voted on to move to recommit with or Cromer, -Bitt, Olmsted, Wachter, Crowley, Hopkins, Palmer, Wade, without instructions. So·the practice of the Honse having been Crumpacker, Howardb Patterson, N. C. Watson, to substantially nullify Rnle XVI, and the Chair, not feeling at Daniels Howell, tah Patterson, Tenn. Webb, liberty to depart from that practice, so fa1· as the motion to com­ Darragh, Huff, Pearre, Weisse, Davey, La. Hughes, W.Va. Perkins, Wiley, Ala. mit is concerned, holds that under Rnle XVII it is in order, pend­ Davidson, Hull, Pou, Williams, Jll. ing a motion for the previous question upon a resolution or after Dayton, Hunter, Powers,Me. Wilson, TIL the previous question upon the resolution has been ordered, either, De Armond, Jackson, Md. Powers, Mass. Wilson, N.Y. Dick, Jackson, Ohio Pujo, Wright, at the election of the House, to commit the resolution. Dinsmore, James, RandeJ.!t Tex. Wynn. The Chair thought proper to call the attention of the Honse Dougherty, Ketcham, Ransdell, La. promptly to the error that the Chair fell into yesterday. Douglas, Kitchin, Wm. W. Reeder, So the motion for the previous question was rejected. QUESTION OF PRIVILEGE. The following pairs were announced: The SPEAKER. The question now is upon the motion for the Until further notice: previous question upon the resolution offered by the gentleman Mr. SMITH of Iowa with Mr. BENToN. from Virginia [Mr. HAY], upon which the yeas and nays are Mr. LORIMER with Mr. MAHoNEY. ordered. Mr. FLACK with Mr. LAMAR of Missomi. The question was taken; and there were-yeas 103, nays 111, Mr. HITT with Mr. DINSMORE. answered "present" 7, not voting 162, as follows: · Mr. NEVIN with Mr. GARBER. YEAS-100. Mr. POWERS of Maine with Mr. EMERICH. Adamson, Harrison, Macon, Shull, Mr. VAN VooRHIS with Mr. CA.SSINGHAM. Bartlett, Hay, Maynard. Sims, Mr. KETCHAM with Mr. JAMES. · Benny, Henry, Tex. Miers, In(l. • Sla;yden, _ Bowers, Hitchcock, Minor, Silllth, ill. Mr. EVANS with Mr. HILL of Mississippi. Bowie, Houston,_ Moon, Tenn. Smith, Tex. Mr. McMoRRAN with Mr. BuRGESS. Burleson, Howell, Pa. Padgett, Snook, Mr. CAPRON with Mr. GRANGER. Burnett, Hughes, N.J. Page, Southa.ll, Candler, Humphreys, Miss. Pierce, Spalding, Mr. CAi.nER.HEAD with Mr. SPIGHT. Clark, Hunt, Pinckney, Stanley, Mr. FosTER of Vermont with Mr. Pou. Clayton, Johnson Prince, Stephens, Tex. Mr. BURLEIGH with Mr. BRANTLEY, Cocbran Jones, Va. Rainey, Sullivan, Mass. Cooper, ~is. Kehoe, Reid, Sulzer, Mr. VREELAND with Mr. HEARST. • Cowherd, Keliher, Rhea, Swanson, Mr. CROMER with Mr. GRIFFITH. Croft, Kitchin, Claude · Richa.rdson,Ala. Talbott, Mr. HENRY of Connecticut with Mr. CROWLEY, Davis, Fla. Kline, Richardson, Tenn. Taylor, Denny, Lamar, Fla. Rider, Thayer, Mr. BABCOCK with Mr. DE ARMOND. Flood, Lamb, Rixey, Thomas, N.C. Mr. WRIGHT with Mr. BYRD. Gaines, Tenn. Lester, Robb, Underwood, Mr. ALEx.A..NI>ER with Mr. SPARKMAN. Garner, Lever, Robinson,Ark. VanDuzer, Gilbert, Lewis, Robinson, Ind. Wallace, Mr. BOWERSOCK with Mr. SHACKLEFORD, Gillespie, Lind, Rucker, Wanger, Mr. PEARRE with Mr. BROUSSARD. Glass Little, Russell, Warner, Mr. STEENERSON with Mr. KLUTTZ. Goulden, Livernash, Scudder, Williams, Miss. Gregg, Lloyd, Shafroth Young, Mr. DUNWELL with Mr. BAKER. Gudger, McLain, Sheppard, Zenor. Mr. DouGLAS with Mr. BELL of California. Hardwick, McNary, Sherley, Mr. MUDD with Mr. WILLIAM w. KITCHIN. NAY&-111. Mr. GILLETT of California with Mr. WYNN, Acheson Davis, Minn. Howell, N.J. Otis, Mr. SKILES with Mr. RANDELL of Texas. Adams, Fa. Deemer, Humyhrey, Wash. Otjen, Ames, Dixon, Jenkins, Overstreet, For the session: Bates, Dr~r, Jones, Wash. Parker, Mr. CASSEL with Mr. GooCH. Bede, Drisco11. Kennedy, Payne, Mr. CURRIER with Mr. FINLEY. Beidler, DunweU, Kinkaid, Porter Bingham, Dwight, Knapp, Rodenberg, Mr. SHERMAN with Mr. RUPPERT. Birdsall, Fordney, Lacey, Scott, Mr. DAYTON with Mr. MEYER of Louisiana. Bishop, Foss, Lafean, Shiras, for this day: Boutell, French, Landis, Chas. B. Slemp, Bradley, Gaines, W.Va. Lanning, Smith, Wm.Alden 1\lr. HUNTER with Mr. PATTERSON of North Carolina. Brandegee, Gardner, Mich. Lawrence Smith,Pa. Mr. REEDER with Mr. WILEY of Alabama. Brick, Gardner, N.J. Longwortn,1 Snapp, Mr. PoWERS of Massachusetts with Mr. THOMPSON, Brooks, Gibson Loudenslager, Sperry, Mr. PERKINS with Mr. TATE. Brown~ Pa. Gillet, k Y. McCa.ll, Stafford, Browruow, Gillett,Mass. McCarthy, Sterling, Mr. PALMER with Mr. SHOBER. Buckman, Graff, McCreary,Pa. Stevens, Minn. Mr. SoUTHARD with Mr. WILLIAMS of lllinois. Burke, Grosvenor, McLachlan, Sulloway, Burkett, Hamilton, Mahon, Tawney, Mr. MARsru.LL with Mr. PuJo. Burton, Haskins, Mann, Thomas, Iowa Mr. MARSH with Mr. SMALL. ·Butler, Pa. Hedge, Martin, Van Voorhis, Mr. McCLEARY of Minnesota with Mr. SCARBOROUGH, Campbell, Hemenway, Metcalf, Volstead, Conner, Hepburn, Miller, Warnock, Mr. LouD with Mr. RYAN. Cooper,Pa. Hermann, Mondell, Weems, Mr. KYLE with Mr. PATTERSON of Tennessee. Cousins, Hill Conn. Moon, Pa. Wiley, N.J. Mr. JACKSON of Ohio with Mr. LUCKING. Curtis, ~w, Morrell. Williamson, Mr. HULL with Mr. RANSDELL of Louisiana. Cushman, Hog~ Murdock, Woodyard. Dalzell, Holliday, Needham, Mr. HOWELL of Utah with Mr. LEGARE. ANSWERED "PRESENT"-7. Mr. HuGHES of West Virginia with Mr. HowARD. Cassel, Dickerman, Gillett, Cal. Wa~orth. Mr. HAuGEN with Mr. HOPKINS. Currier, Emerich, Patterson, Pa. Mr. GoEBLE with Mr. GoLDFOGLE. J" .. I

476 CONGRESSIONAL RECORD-HOUSE.- J.ANU.A.RY 5 - I ' I Mr. GARDNER of Massachusetts with Mr. FosTER of lllinois. Mr. HAY• .And on that, Mr. Speaker, I demand· the.yeas and I Mr. FULLER with Mr. BEALL of Texas. nays. '· Mr. ESCH with :Mr. BASSETT. The yeas and nays were ordered. ' Mr. ALLEN with Mr. "BADGER. The question was taken; and there were-yeas 118, nays 98, .Mr. LITTAUER with Mr. SULLIVAN of New York. answered" present" 5, not voting 162, as follows: · Mr. DOVENER with Mr. MADDOX. YEAS-118. ,. I Mr. DAVIDSON with Mr. LINDSAY. Acheson, Dixon, Humphrey, Wash. Overstreet, :Mr. BARTHOLDT with Mr. BANKIIEAD. Adams,Pa. Dresser, Jenkins, Parker, Mr. DARRAGH with Mr. DAVEY of Louisiana. Ames, Driscollil Jones, Wash. Patterson, Pa. Bates, Dnnwe , Kennedy, Payne, · Mr. FOWLER with Mr. WEISSE. Bede, Dwight, • Kinkaid, Porter, Mr. HILDEBRANT with Mr. HAMLIN. Beidler, Fordney, Knapp, Rodenberg, Mr. DICK with Mr. WILSON of New York. Bingham, FG3S, Lacey, Scott, Birdsall, French, • Lafean, Shiras, · Mr. DRAPER with Mr. BUTLER of Missouri. Bisho:e-1 Gaines, W.Va. Landis, Chas. B. Slemp, · Mr. LovERING with Mr. McDERMOTT. Boutell, Gardner,Mass. Lanning, Smith, Wm. Alden Mr. TmRELL with Mr. BREAZEALE. Bradley, Gardner, Mich. Lawrenceh Smith, Pa. , Brandegee, Gardner, N.J. Longwort , Snapp, Mr. ROBERTS with Mr. FITZGERALD. Brick, Gibson Loude~l.ager, Sperry, Mr. WACHTER with Mr. V .A.NDIVER. Brooks, Gillet1 k Y. McCall, Stafford, Mr. SOUTHWICK with Mr. BRUNDIDGE. Brown, Pa. Gillett, Mass. McCarthy, Sterling, Brownlow, Goulden, McCrea.ry, Pa. Stevens, Minn. Mr. WILSON of illinois with Mr. DOUGHERTY. Buckman, Graff, McLachl.an, Sulloway, Mr. MoRGAN with Mr. McANDREWS. Burke, Grosvenor, Mahon, Tawney, Mr. HUFF with Mr. FIELD. Burkett, Hamilton, Mann, Thomas, Iowa Burton, Haskins, Martil} Van Voorhis, Mr. GREENE with Mr. CoOPER of Texas. Butler,Pa. Haugen, Metcau,1 Volstead, Mr. ADAMS of Wisconsin with Mr. FITZPATRICK. Campbell, Hedge, Miller, Warner, Mr. FREDERICK LANDIS with Mr. GRIGGS. Conner, Hemenway, Minor, . Warnock, Cooper, .Pa. Hepburn, Mondell, Weems Mr. SAMUEL W. SMITH with Mr. SMITH of Kentucky. Cousins, Hermann, Moon,Pa. Wiley, N.J. Mr. SmLEY with Mr. TRIMBLE. Curtis, Hill, Conn. Morrell, Williamson, Mr. LILLEY with Mr. AIKEN. Cushman, Hinshaw, Murdock, Woodyard, Dalzell, Hog~, Needham, Young. Mr. CRUMPACKER with Mr. CALDWELL. Davis, Minn. Holliday Otis, Mr. LITTLEFIELD with Mr. LIVINGSTON. Deemer, Howell, k J. Otjen, Mr. OLMSTED with Mr. ROBERTSON of Louisiana. NAYS-98. Mr. WATSON with Mr. WADE. Adamson, Hardwizk, McLain, Sherley, Mr. TOWNSEND with Mr. WEBB. Aiken, Harrison, McNary, Shull, Bartlett, Hay, Macon, Sims. On this vote: Benny, Henry, Tex. Maynardt Slar,den, · Mr. PATTERSON of Pennsylvania with Mr. DICKERMAN. Bowers, Hitchcock, Miers, Ina. Snuth, ill. The result of the vote was then announced as above recorded. Bowie, Houston~ Moon, Tenn. Smith, Tex. Burleson, Howell, ra. Padgett, Snook, Mr. PAYNE. Mr. Speaker, I move to commit the preamble Burnett, Hughes, N.J. Page, Southall, and resolution to the Committee on Post-Offices and Post-Roads, Candler, Humphreys, Miss. Pierce, Stanley, and on that I demand the previous question. · Clark, Hunt, Pinckney, Ste~hens~..'f'ex. Clayton, Johnson, Prince, Sullivan,J.Uass. The question was taken; and the previous question was ordered. Cochran, Jones, Va. Rainey, Sulzer, The SPEAKER. The question now recurs on the motion of the Cooper, Wis. Kehoe, Reid, Swanson, gentleman from New York to commit to the Committee on the Cowherd, Keliher, Rhea, Talbott, Denny, Kitchin, Claude Richardson, Ala. Taylor, Post-Office and Post-Roads. · Dickerman, K11.1e, R~cha.rdson, Tenn.. Thayer, Mr. UNDERWOOD. Mr. Speaker- Emerich, Lamar, Fla. R1der, Thomas,N. C. The SPEAKER. For what purpose does the gentleman rise? Flood, Lltmb, Rixey, Underwood, Gaines, Tenn. Lester, Robb, VanDuzer, Mr. UNDERWOOD. For a parliamentary inquiry. The pre- Garner, Lever, Robinson, Ark. Wallace, vious question having been ordered on a new motion, a motion to Gilbert, Lewis, Robinson,Ind. Wanger, coinmit, I ask if it is not in order for twenty minutes of debate on Gillespie, Lind, Rucker, Williams, Miss. Glass, Little, Russell, Zenor. each side, there having been no debate on this particular motion Gregg, Livernash, Scudder; at this time? Gudger, Lloyd, Sheppard, The SPEAKER. he Chair will attempt to find out. [L~ugh- ANSWERED "PRESENT "-5. . ter.] Cassel, Gillett, Cal. Pou, Wadsworth. Mr. PAYNE. Mr. Speaker, debate has been had on the reso­ Currier, lution. and it is not in order to debate this. Debate has been had NOT VOTlNG-162. Ada.Irut, Wis. Douglas, Knopf, Ruppert, and eXhausted on the resolution. Alexander, Dovener, Kyle, Ryan, The SPEAKER. The Chair will hear the gentleman from Ala- Allen, Draper, Lamar, Mo. Scarborough, bama upon the point. · Babcock, Esch, Landis, Frederick Shackleford, Badger, Evans, Legare, Shafroth, Mr. UNDERWOOD. Mr. Speaker, the original proposition be­ Baker, Field, Lilley, Sherman, fore the House was a motion that had not been referred to any Bankhead, Finley, Lindsay, Shober, committee because it was a question of privilege. That question Bartholdt, Fitzgerald, Littauer, Sibley, Bassett, Fitzpatrick, Littlefield, Skiles, of privilege was debated when the question of privilege was car­ Beall, Tex. Flack, Livingston, Small, ried, the proposition of appointing a committee to investigate the Bell, Cal. Foster, ill. Lorimer, Smith, Iowa matters involved in the question of privilege. The previous ques­ Benton, Foster, Vt. Loud, Smith, Ky. Bowersock, Fowler, Lovering, Smith, N. Y. tion not having being ordered on that proposition, the gentleman Brantley, Fuller, Lucking, Smith, Samuel W. from New York makes a new motion, a motion the discussion of Breazeale, Garber, McAndrews, Southard which is not involved and the matters of which are not involved Broussard, Goebel, McCleary, Minn. Southwick, Brown, Wis. Goldfogle, McDermott, Spalding, in the original motion. He makes a motion to refer this to a Brundidge, Gooch, McMorran, Sparkman, standing committee to consider whether they will report the reso­ Burgess, Granger, Maddox, Spight, lution. The original debate on this question was whether the Burleigh, Greene, Mahoney, Steenerson, Butler, Mo. Griffith, Marsh, Sullivan,N. Y. matter contained in the resolution should be debated. That was Byrd, Griggs, Marshall, Tate, discussed, but the question whether this should be referred to a Calderhead, Hamlin, Meyer,La. Thompson, standing committee before action being taken on it at all has Caldwell, Hearst, Morgan, Tirrell, Capron,_ Henry,Conn. Mudd, Townsend, never been discussed. So I say it is new matter, and, being new Cassingnam, Hildebrant, Nevin, Trimble, matter, debate has never occurred on that question, and twenty Cooper, Tex. Hill, Miss. Norris, Vandiver, minutes' debate on each side should be allowed. Croft, · Hitt Olmsted, Vreeland, Cromer, Hopkins, Palmer, Wachter, The SPEAKER. The Chair is ready to rule. On page 438 of Crowley, Howard, Patterson, N. 0. Wade; the Manual it says: "The word' proposition' in the rule provid­ Crumpacker, Howell, Utah Patterson, Tenn. Watson, ing for forty-minutes of debate after the previous question is or­ Daniels, Huff. Pea.rre, . Webb, Darragh, Hughes, W.Va. J;>erkins, Weisse, dered means the main question and does not refer to incidental Davey, La. Hull, Powers, Me. Wiley, Ala. motions.'' Davidson, Hunter, Powers, Mass. Williams, Til. Now, the main question has already been debated. This is an Davis, Fla. Jackson, Md. PujoJ Wilson, ill. Dayton, Jackson, Ohio Ra.naellilTex. Wilson, N.Y. incidental motion to dispose of the resolution, namely, to refer it De .Armond, James, Ransde , La. Wright, to a committee. The Chair thinks that debate ha-s already been Dick, . Ketcham, Reeder, Wynn. had under the rule and that further debate is not in order. The Dinsmore, Kitchin, Wm. W. Roberts, question is now on the· motion of the gentleman from New York Dougherty, Kluttz, · Robertson, La. to refer the. resolution to the Committee on the Post-Office and· So the motion of Mr. PAYNE to refer the resolution tothe Com­ Post-Roads. mittee·on the Post-Office and Post-Roads was adopted. • c

1904~ CONGRESSIONAL RECORD-HOUSE. 477

The following additional pair was announced: S. 1826. An- act granting an increase of pension to Mary E. Mr. DANIELS with Mr.. SHAFROTH, for 'this day. Cutts-to the Committee on Invalid Pensions. The result of the vote. was announced as above stated. S. 1825. An act granting a pension to Josephine L. Webber-to On motion of Mr. PAYNE, a motion to reconsider the last vote the Committee on Pensions. was laid on the table. S. 1543. An act granting-an increase of pension to William W. THE PANAMA CANAL. Jackson-to the Committee on Invalid Pensions. The SPEAKER laid before the Hou8e a message from the Presi­ S. 821. An act granting an increase of pension toW. Neil Den­ dent of the United States; which was read. nison-to the Committee on Invalid Pensions. [The message will be found in the Senate proceedings of yester­ S. 78. An act granting a pension to Eljeroy C. Curtis-to the day, beginning on page 418 of the RECORD.] Committee on Pensions. At -the conclusion of the reading there was loud applause on the S. 1559. An act granting an increase of pension to Marie A. Republican side. · Rask-to the Committee on Pensions. The SPEAKER. --The message will be referred to the Commit­ S. 798. An act granting an increase of pension to James A. Tem­ tee on Foreign Affairs and ordered to be printed. pleton-to the Committee on Invalid Pensions. S. 814. An act granting a pension to Mamie Thayer-to the Com­ MESSAGE FROM THE SENATE, mittee on Invalid Pensions. A message fro~ the Senate, by Mr. PARKINSON, its reading S. 847. An act granting an increase of pension to John L. Bev- clerk, announced that the Senate had passed a bill of the follow­ eridge-to the Committee on Invalid Pensions. - ing title; in which the concurrence of the House was requested: · S. 898. An act granting an increase of pension to John B. Car­ S. 652. An act making Chester, Pa., a subport of entry. ter-to the Committee on Invalid Pensions. SEN ATE BILLS REFERRED. S. 652. An act making Chester, Pa., a subport of entry-to the Under clause 2 of Rule XXIV, Senate bills of the following Committee on Ways and Means. i titles were taken from the Speaker's table and referred to their ENROLLED BILL A.ND JOINT RESOLUTION SIGNED. appropriate committees as indicated below: Mr. WACHTER, from the Committee on Enrolled Bills, re­ S. 451. An act granting an increase of pension to William T. ported that they had examined and found truly enrolled joint reso­ Coi::u~nt-to the Committee on Invalid Pensions. lution of the following title; when the Speaker signed the same: S. 452. An act granting an increase of pension to Albert W. H. J. Res. 64. Joint resolution authorizing the Commissioners Bullock-to the Committee on Invalid Pensions. - of the District of Columbia to permit the erection of certain poles S.- 456. An act granting an increase of pension to Andrew J. and overhead wires in connection with the work of eliminating Pierce-to the Committee on Invalid Pensions. grade crossings in the city of Washington. S. 458. An act granting an increase of pension to Charles Beat­ The SPEAKER announced his signature to enrolled bill of the tie-to the COmmittee on Invalid Pensions. following title: S. 471. An act granting ·an increase of pension to Silas Me­ S. 2022. An act to a~ord protection to exhibitors of· foreign serve-to the Committee on Invalid Pensions. literary, artistic, or musical works at the Louisiana Purchase S. 473. An act granting an increase of pension to Byron D. Exposition. Babcock-to the Committee on Invalid Pensions. S. 478. An act granting an increase of pension to Olive J. PRESERVATION OF FRIGATE CONSTITUTION • .Bailey-to the Committee on Invalid Pensions. Mr. GILLET.T of Massachusetts. Mr. Speaker, I ask unani- S. '484. An act granting a pension to Nancy S. Marsh-to the mous consent that there may be read from the Clerk'.s desk a eCommittee on Invalid Pensions. memorial of tne Massachusetts, H~torical Society, asking for the S. 547. An act granting an increase of pension to Irving W. preservation by Congress of the famous old frigate, the Constitu- Coombs-to the Committee on Invalid Pensions. tion. I do not ask any action on this matter at present, but sim- S. 549. An act granting an increase of pension to Stephen ply that the memorial may be referred to the Committee on Naval Thomas-to the Committee on Invalid Pensions. . Affairs. The memorial is very short. The reading will take but S. 555. An act granting an mcrease of pension to Royal A. S. a few minutes, and will, I think, interest the House, and I am Kingsley-to the Committee on. Invalid Pensions. sure very much gratify the distingujshed signers. S. 565. An act granting an increase of pension to James E. There being no objection, the memorial was read, as follows: Barnard-to the Committee on Invalid Pensions. Memoria]. S: 57&. An act granting an increase of pension to John Bulla- To the Senate and House of Representatives of the United States: more-to the Committee on Invalid Pensions. Your memorialists, the council of the Massachusetts Historical Society, S . .58& An act granting a <- pension to Annie H. Zoll-to the actingunderitsinstructions,wouldrespectfullycalltheattentionofyourhon- Committee· Oil' Invalid Pensions. C~~}~t~~~ to certain fa.ct:a connected with th~ United States frigate S. 587. An act granting an increase of pension to Anson P. Wil- That vessel is now lying at Charlesf.own, Mass.) in a. dock also used by the liamson-to the Committee on Invalid Pensions. steamships of the so-called White Star Line; she IS dismantled, out of repair, · f · G and liable at any time to injury from carelessness or accident, if not to de- S. 589. An act granting an mcrease o pensiOn to eorge W. struction. Your memorialists further represent that in the American mind McMullen-to the Committee on Invalid Pensions. an historical-interest attaches to the Constit·ution such as attaches to-no other S. 744. An act granting an increase of pension to Stephen Gas- ship in maritime annals, except .possibly, the Santa Maria, the flagship of . Columblll',and theMayjlowEr, botnof1 which disappeared centuries ago. The coigne-to the Committee on Inva lid P enswns. · Co nstttution still remains; and it was the Constitution which, in the gloom- S. 745. Anactgrantingapension to John Swenson-to the Com- iest hour of the war ofl812-18H,appeared "like a bright gleam in the dark- mittee on Invalid Pensions. ness." On the 16th of August of that yea~ Detroit, with all its garrisons, munitions, and defenses. was surrendered to the British forcesi on the same S. 929. An act granting an increase of pension to Charles day Fort Dearborn, at what is now Chicago, was in flames, ana with it "the Stermer-to the Committee on Invalid Pensions. . last vestige of American authority on the western lakes di.sa:J.>peared." The S. 930. An act granting an increase of pension to Ferdinand d.i3couragement was universal and the sense of national humiliation extreme, 'edemann-to the Committee on Invalid Pensions. for it seemed doubtful if even the interior line of the Wabash could be suc­ Wl cessfully held against an enemy flushed with success. The prophet of yet S. 937. An act granting an increase of pension to Rudolph other disasters immediately impending was abroad, and, according to his Siebelist-to the Committee on Invalid Pensions. wont, further depressed the already disheartened land. It was in this hour · f · to Andr C of deepest gloom that, on the morning of Sunday, August 00, the Sabbath S. 959'. An act granting an mcrease o pension ew · silence of Boston was brolien and the town stirred to unwonted excitement Ranard-to the Committee on Invalid Pensions. "as the news passed through the quiet streets that the Constitution was S. 1206. An act granting a pension to Mary McLaughlin_:to the below, in the outer harbor, with Dacres," of the Guerriere, "and his crew prisoners on board." Thus it so chanced that the journal which the next Committee on Pensions. morning informed Bostonians of the Detroit humiliation, in another column S. 1259. An act granting an increase of pension to John M. Stan- of the Eame issue announced that naval action which, "however small the an-to the Committee on Invalid Pensions. affair might appea~ on the general scale of the world's battles, raised the Y · toAm 0 B rth t th UnitedStatesmone-halfhourtotherankofafi.rst-classpowerintheworld." S. 1334. An act granting a pensiOn Y • oswo - 0 e The jealousy of the Navy, which had until then characterized the more re- Committee on Invalid Pensions. cent national policy vanished forever "in the flash of Hull's first broadside." S. 1335. An act granting an increase of pension to Calvin The victory, moreover\ was most dramatic-a naval duel. Theadversaries- •tt In lid p · not only commanders, out shi:p's companies to a man-had sought ea9h other D aws-to the Comm1 ee on va ens10ns. out for a test of seamansh1p, discipline, and gunnery-aiTogance and the con- S, 1402. An act granting an increase of pension to William fidence of prestige on the one side;-a passionate sense of wrong on the other. Paul-to the Committe~ on In~alid Pensions. . . I~~~~~~. lhe~~*\~~!~-gfg~~~ ~ ~gra~~~ 'bf;h~nF~~ea~~t'~~o:o~! S. 1429. An act granting an mcre~e of p~ns10n to Elizabeth C. the two ships maneuvered for position but at last, a few minutes before 6 Paquin-to the Committee on ~vahd PensiOns_. · o'clock, "they ca1n:e together s~de by side; within pistol shot, the.wind almo~t S 1431. An act granting an mcrease of pensiOn to Clarence E. astern,· and runnmg before 1t they pounded eaeh other w1th all theU' 'tte I . I'd P • strength. • B:nllard-to t h e Comm1 . e on ~va 1 ens10ns. . As rapidly as the guns could be worked the Constitution poured in broad- S. 1~.An act granting an mcrease-e .penswn~ to James A.1 . side_a.ftE?:x: broadside. double-shotted with round and...g~pe, and, without ex- . Hoov«.:....:....to the ConiniitteEYon .Jnvalid-Pensions. r- .. ~ , ; , . a~g~!~tion. th~echo of those guns startl~d the ~orld. Of he~ first brDad­ . ,., ·- "- . t' · - · t · Esth . G Wh ·to t · s1de m that actiOn the master of an Amenca.n br1g,..then a captive on board · 8:-1 roi>.' :l1.ll ·aot• gran mg a-pcnSlOn 0 ei • ar n- 0 the British ship, afterwards wrote: "About 6 o'clock I lieard a tremendous the Committee on Pensions. explosion from the opposing frigate. The effect of her shot seemed to mak~

~ ,. )• . ' ~ "" ... ., ,

... 478 CONGRESSIONAL RECORD-HOUSE. JANUARY 5,

the Gu.erriere reel and tremble as though she had received the shock of an gratified that nobody else objected; and I am gratified that the earthquake." "In less than thirty minutes from. the time we got alongside of the enemy," reported Capta.inllull to the Secretary of the Navy, "she was precedent has been set of permitting memorials and petitions left without a. spar standing, and the hull cut to pieces in such a manner as to from the legislatures of the republics which constitute this . make it difficult to keep her above water." greater Republic to be read in the open House. The historian has truly said of that confikt: "Isaac Hull was nephew to • the unhappy general who, three days before the Constitution overcame the I remember several Congresses ago, when I brought a memorial G1Lerriere, had capitulated at Detroit, and perhaps the shattered hulk of the from the legislature of the equally sovereign State of Mississippi Gu.erriere-wbich the nephew left at the bottom of the Atlantic Ocean, 800 to a former Speaker of this House, Mr. Thomas B. Reed, and asked miles east of Boston-was worth for the moment the whole province which the uncle had lost, 000 miles t.o the westward. * * * No experience of history that I be recognized for the purpose of having it read to the House, ever went to the heart of New England more directly than this victory, so he called my attention to the fact that the rules sent petitiDns to peculiarly its own; but the delight was not confined to New England, and, the'' box;'' and he said that the legislature of what I called ''a extreme though it seamed, it was still not extravagant." Therefore it is that the Mas....~husetts Historical Society, already in 1812 sovereign State" was no more than any other petitioner, and that an organization more than twenty: years in existence, now directs this me­ such petitions should go to the" box" like other petitions or me­ morial to be submitted, she, the oldest among them, speaking through her morials. I am glad to see the present Speaker establishing a dif­ council for all other similar societies throughout New England. In so doing ,} it is needless to enter into the earlier and later history of what was essen­ ferent precedent; and I hope that this precedent will be '' honored tially the" fighting frigate" of the first American Navy for in the memory in the observance '' hereafter, and not '' in the breach.'' of the people of the United States the Constitution is th;oughout her long Before I sit down, Mr. Speaker, I can not fail to express my record inseparably associated with feats of daring and seamanship, devotion and dash, than which none in all naval history are more skillful, more stir­ gratification at the fact that a New England Republican legisla­ ring, or more deserving of commemoration. How can they be so effectively ture and a New England Republican Representative are willing commemorated as by the pions and lasting preservation of the ancient ship, to preserve a "Constitution" of some sort anyhow [laughter and now slowly rotting at the wharf opposite to which she was launched six years more than a century ago? applause on the Democratic side], even if it is preserved merely .And while the name of the Constitution is thus not only synonymous with as a relic and a curiosity to excite the patriotism and the contem­ courage, seamanship, patriotism, and unbroken triumph, the ship herself is plative admiration of the American people. [Applause.] typical of a maritime architecture as extinct as the galley or the trireme. Sn-e slid from the ways at what is still known in her honor as "Constitution Mr. PAYNE. I ask unanimous consent to address the House wharf" in Boston Harbor ten months before Nelson won the battle of the for one minute. Nile, and eight years to a day before his famous flagship, the Victory, bore There was no objection. his broad pennant in triumph through the Franco-Spiinish line off Trafalgar; and your memorialists hold that, in the eyes and minds of the people of the Mr. PAYNE. Mr. Speaker, I dislike exceedingly to spoil the United States, no J ~ss an interest and sentiment attach to the Constitution speech of my friend from Mississippi [Mr. WILLIAM ] but the than in Great Britain at~ to the Victory. The Constitution in the days of memorial which has just been read is not from the legislature of our deep tribulation did more for us than ever even the flagship of Nelson did for England; and thenceforth, she has been to Americans as a sentient any "sovereign State,'' but simply from a historical society, being, to whom gratirode1 is due. located, I believe, in the city of Boston. Yet hy Great Britain the Victoru ever has been and now is tenderly cared Mr. WILLIAMS of Mississippi rose. for and jealously preserved among the most precious of national memorials. As such it i'3 yearly visited by thousands, among whom Americans are not Mr. P ...<\.YNE. I hope the gentleman does not wish to occupy least in number. The same care has not been extended over the Constitttr all of my minute. · tion; and yet your memorialists would not for a moment suggest, nor do Mr. WILLIAMS of Mississippi. If the gentleman will excuse they believe, that the people, the Parliament, or the Government of Great Britain are more grateful, more patriotic, or endowed with a keener sense me for occupying a moment of his time, I will say this: That of pride than the people, the Congress, or the Administration of the United although the reminiscence was misapplied, there is, nevertheless, States. As for the people, the contrary is, in case of the Constitution, incon­ in it and in this '' modern instance '' a lesson; I hope that here­ trovertibly proven by the names of the thotlEa.Dds of pilgrims from all sec­ tions of the country annually inscribed on her register. after a sovereign State will be granted at least the same rights as So far as th"6 Government is concerned,itB failure to take measures for the are granted to a historical society in a sovereign State. [Applause lasting preservation of the old ship has been due, in the opinion of your on the Democratic side.] memorialists, neither to indifference nor to an unworthy spirit of thrift, but to the fact that, amid the multifarious matters calling for unmediate action, Mr. PAYNE. Now, Mr. Speaker. I do not know wh€ther I the preserving of an old-time frigate, even though freighted with glorious should be willing to accord the same privilege to the legislature memories, has been somewhat unduly, though not perhaps unnaturally, de­ of the State of Mississippi that I would to this historical society ferred to a more opportnlle occasion. None the less, the Constitution "is the yet living monument, not alone of of the State of Massachusetts; and the reasons are perhaps too her own victories, but of the men behind the guns who won them. She obvious to need to be suggested to the House. speaks to us of patriotism and courage., of the devotion to an idea and to a But I want to say to the gentleman that this will not be a prec­ sentiment for which men laid down the1r lives." · Therefore, your memorialists would respectfully ask that immediate pro­ edent for letting in petitions and memorials hereafter and having vision be made to the end that the course pursued p_y the British admiralty them read in the House. To-day, not having any other business, in the case of the Victory may be pursued by our Navy Depa-rtment in the and when confronted by the winning and genial countenance of case of the Constitution. We accordingly pray your honorable bodies that the necessary steps forthwith be taken for preserving the" fighting frigate" my friend from Massachusetts [Mr. GILLETT] who sits on my of 1812; that She be renewed, put in commission as a t:ra:ining ship, and at suit­ right, I did not have the heart to object to the reading of this able seasons be in future stationed at points along our coast where she ma.y harmless memorial which he desired to have read lor the edifica­ be easily accessible to that large and- ever-increasing number of American citizens who, retaining a sense of affection as well as deell gratitude to her, tion of the House and the gratification of his constituents. But feel also a patriotic and an abiding interest in the associations she will never in future, if I should be here, I will see to it that no such memo­ cease to recalL rial is read, either from a historical society or from the legislature And your memorialists will ever pray~~.:. of a "sovereign State." UHARLES FIUNCIB .ADAMS, President. . The SPEAKER. The memorial, having been read by unani­ SAMUEL A. GREEY~..-.. mous consent, will be referred to the Committee on Naval Affairs vice-President. under the rules. T. JEFFERSON CoOLIDGE, Second Trice-President. ELECTRIC LIGHT ON THE ISLAND OF OAHU, H.A.WAll. EDWARD J. YOUNG, Recm·ding Secretary, I Mr. ROBINSON of Indiana. Mr. Speaker, by direction of the CHARLES C. S.lllTH, TreasUl·er. Committee oil the Ter:ritories, I ask unanimous consent for the . H.E:Nll.Y W. HAYNES, Corresponding Secretary. present consideration of the bill which I send to the Clerk's desk. ;y F. JE.l..~S, Cahinet Kee-per. The Clerk was proceeding to read the bill when Absent and signed by authority. REW MaF.A.llLAI\TJ> DA VI , Mr. HILL of Connecticut said: Mr. Speaker, I desire to enter C. "F. A. CHIBALD CARY COOLIDGE, ,. ILLIA..M R. TliAYER, an objection. Should I enter it now or after the reading of the S. LOTHROP TROR..'IDIXE, bill is concluded? J AllES F. HUNNEWELL, Mr. ROBINSON of Indiana. I hope the gentleman will with- JAMES DEN ORMANDIE, Members Constituting the Council of the Society. hold his objection until the bill has been read. At the conclusion of the reading there was loud applause. Mr. HILL of Connecticut. I will reserve the right to object. Mr. WILLIAMS of Mississippi. Mr. Speaker- The SPEAKER. The Clerk will read the title of the bill. The SPEAKER. For what purpose does the gentlemen rise? The Clerk read aa follows: A bill (H. R. 7266) to ratify, approve, and confirm an act duly enacted by Mr. WILLIAMS of Mississippi. For the purpose of addressing the legislature of the Territory of Hawaii to authorize and provide for the myself to the subject presented in. the memorial just read. . manufacture, distribution, and supply of electric light and power on the The SPEAKER. The gentleman from Mississippi asks unan­ island of Oahu, Territory of Hawa.ii. imous consent to addres the House-for what length of time? Mr. HILL of Connecticut. In the absence of one of my col­ Mr. WILLIAMS of Mississippi. About three minutes; that is leagues, who I know is oppo ed to this bill and desires to be heard all. upon it when it is considered (for he has so expressed b.im.self to The SPEAKER. Is there objection? The Chair hears none. me), I shall have to object. I have no personal objection. Mr. WffiLIA.MS of Mississippi. Mr. Speaker, I am a great be­ The SPEAKER. Objection is made. liever in the doctrin~ of "heaping coals of fire upon the heads " of "our friends the enemy." It was in this spirit that I did not . LEAVE OF ABS~CE. object to the request of the gentleman from Massachusetts to By unammous consent, leave of absence was granted as follo~s: have this memorial or petition fro~ the legislature of the sover- 1 To ;Mr. ~DELL of Texas, for two weeks, on account of un­ eign State of Massachusetts read m the open House. I was peratwe busmess. 1904. CONGRESSIONAL RECORD-HOUSE. 419

To Mr. BoWERSoCK, for two weeks, on account of important was referred the bill (H. R. 6004) granting an increase of pension business. to William C. Lyon, reported the same with amendmen~ accom­ To Mr. SPIGHT, for two weeks, on account of impm·tant busi­ panied by a report (No. 53); which said bill and report ~ere re- ne s. ferred to the Private Calendar. . To Mr. CooPER of Texas, for ten days, on account of sickness. He also, from the same committee, to which was referred the To Mr. CRUMPACKER, for ten days, on account of sickness in bill (H. R. 892) granting an increase of pension to Abram H. his family. Hunt, reported the same with amendment, accompanied by a re­ And then, on motion of Mr. PAYNE (at 2.45 p.m.), the House port (No. 54); which said bill and report were referred to the adjourned. Private Calendar. :Air. HOLLIDAY, from the Committee on Invalid Pensions, to EXECUTIVE COMMUNICATIONS. which was referred the bill (H. R. 3620) granting an increase of pension to Victor Vifquain, reported the same with amendments, Under clause 2 of Rule XXIV, the following executive com­ accompanied by a report (No. 55 ); which said bill and report munications were taken from the Speaker's table and referred as were referred to the Private Calendar, follows: Mr. SULLOWA Y, from the Committee on Invalid Pensions, to A letter from the Acting Secretary of the Treasury, transmit­ which was referred the bill (H. :R. 990) granting an increase of ting reports from the accounting- officers of the Treasmy showing pension to Harrison W. Fox, reported the same with amendment, officers delinquent in the rendition of their a.cconnts and officers accompanied by a report (No. 56) ; which said bill and report who have failed to pay the balances due from them for the fiscal were referred to the Private Calendar. year ended June 30, 1903-to the Committee on Expenditures in Mr. MIERS of Indiana, from the Committee on Invalid Pen­ the Treasury Department, and ordered to be printed. · sions, to which was referred the bill (H. R. 3776) granting an in­ A letter from the Secretary of the Treasury, transmitting a copy crease of pension to Alfred I. Judy, reported the same with of a communication from the Secretary of the Interior submit­ amendment, accompanied by a report (No. 57); which said bill ting an estimate of appropriation for mounting United States and report were referred to the Private Calendar. maps with rollers-to the Committee on Appropriations, and He also, from the same committee, to which was referred the ordered to be printed. bill (H. R. 5521) granting an increase of pension to Charles S. • A letter from the Acting Secretary of State, recommending an Cla~. reported the same with amendments, accomp;mied by a re­ appropriation for two clerks for revisions of the customs regula­ port (No. 58); which said bill and report were referred to the tions-to the Committee on Appropriations, and ordered to be Private Calendar. :printed. · 1\Ir. GillSON, from the Committee on Invalid Pensions, to A letter from the President of the Board of Commissioners of which was referred the bill (H. R. 7666) granting an increase of the District of Columbia, transmitting a detailed report of the pension to Laura F. Hine, reported the same with amendments, expenditures from the appropriation for contingent expenses dur­ accompanied by a report (No. 59); which said bill and report ing the fiscal year 1903-to the Committee on Appropriations, and were referred to the Private Calendar. · ordered to be printed. Mr. DEEMER, from the Committee on Invalid Pensions, to which was referred the bill (H. R. 5176) granting an increase of pension to Alonzo Dutch, reported the same with amendments, REPORTS OF COMMITTEES ON PUBLIC BILLS AND accompanied by a report (No. 60); which said bill and report RESOLUTIONS. were referred to the Private Calendar. Under clause 2 of Rule XIII, bills and resolutioru;ofthe follow­ Mr. BRADLEY, from the Committee on Invalid Pensions, to ing titles were seve1·ally reported from committees, delivered to which was referred the bill (H. R. 6022) granting an increase of the Clerk, and referred to the several Calendars therein named, pension to George W. Travis, reported the same with amend­ as follows: ments, accompanied by a report (No. 61); which said bill andre­ Mr. ADAMSON, from the Committee on Interstate and For­ port were referred to the Private Calendar. eign Commerce, to which was referred the bill (H. R. 6805) to Mr. SULLOWAY, from the Committee on Invalid Pensions, to amend an act entitled "An act to bridge the Newark Bay," ap­ w_hlch was refeiTed the bill (H. R. 2155) granting an incTease of proved February 18, 1895; reported the same with amendment, pension to Cha-rles W. Bechstedt, reported the same without accompanied by a report (No. 115); which said bill and report amendment, accompanied by a report (No. 62); which said bill were referred to the House Calendar. and :report were referred to the Private Calendar. Mr. WANGER, from the Committee on Interstate and For2ign Mr. SNOOK, from the Committee on Invalid Pensions, to which Commerce, to which was referred the bill (H. R. 6498) to author­ was referred the bill (H. R. 5737) granting a pension to John ize Washington and Westmoreland counties, in the State of Penn­ Whitehead, reported the same with amendment, accompanied by sylvania, to construct and maintain a bridge across the Mononga­ a report (No. 63); w bich said bill and report were referred to the hela River, in the State of Pennsylvania, reported the same with­ Private Calendar. out amendment, accompanied by a report (No. 126); which said Mr. MIERS of Indiana, from the Committee on Invalid Pen­ bill and report were r~ferred to the Honse Calendar. sio~ to which was referred the bill (H. R. 3778) granting an in­ crease of pension to Juliaetta Howling, reported the same with amendments, accompanied by a report (No. 64}; which said bill REPORTS OF COMMITTEES ON PRIVATE BILLS .AND and report were referred to the Private Calendar. RESOLUTIONS. 1\Ir. DEEl\IER, from the Committee on Invalid Pensions, to which was referred the bill (H. R. 5246) granting an inCI·ease of

Under clause 2 of Rule Xlli1 private bills and resolutions of pension to S. B. Elliott, reported the same with amendments, ac­ the following titles were severally reported from committees, de­ companied by a report (No. 65); which said bill and report were livered to the Clerk, and referred to the Committee of the Whole referred to the Pri-vate Calendar. House, as follows: Mr. BRADLEY, from the Committee on Invalid Pensions, to Mr. DEEMER, from the Committee on Invalid Pensions, to which was referred the bill (H. R .. 5177) granting an increase of which was referred the bill (H. R. 1184) granting an increase of pension to William H. Clark, reported the same without amend­ pension to William F. Longenhagen, reported the same without ment, accompanied by a report (No. 66); which said bill andre­ amendment, accompanied by a report (No. 49); which said bill port were referred to the Private Calendar. and report were referred_to the Private Calendar. Mr SNOOK, from the Committee on Invalid Pensions, to which Mr. SNOOK, from theCommitteeoninvalidPensions to which was referred the bill (H. R. 5299) granting an increase of pension was referred the bill (H. R. 5464) granting an increase of pension to Mrs. Sarah E. Wheeler, reported the same with amendments, to Francis M. Northern, reported the same with amendment, ac­ accompanied b-y a report (No. 67); which said bill and report companied by a 1·eport (No. 50); which said bill and report we-re were referred to the Private Calendar. referred to the Private Calendar. Mr. DEEMER, from the Committee on Invalid Pensions, to Mr. GillSON, from the Committee on Invalid Pensions, to which was referred the bi11 (H. R. 5197) granting a pension to which was referred the bill (H. R. 1908) granting an increase of W. C. Brown, reported the same with amendments, accom-panied pension to Harvey D. Barr, reported the same with amendments, by a report _{No. 68); which said bill and report were referred to accompanied by a report (No; 51); which said bill and report the Private Calendar. • were referred to the Private Calendar. Mr. GIBSON, fr()m the Committee on Invalid Pensions, to Mr. HOLLIDAY, from the Committee on Invalid Pensions, to which was referred: the bill_(H. R. 4629) granting an increase of which was referred the bill (H. R. 2042) granting an increase of :pension to Thomas C. Pond, reported the same with amendments., pension to Alvin B. Hubbard, reported the same with amend­ accompanied by a report (No. 69); which said bill and report ment, accompanied by a report (No. 52); which said bill and re­ were referred tot~ Private CaJendar. • port were referred to the Private Calendar. 1\Ir .. SULLOWAY, from the Committee on Invalid Pensions, to Mr. SNOOK, from the Committee on Invalid Pensions, to which which was refened the bill (H. R. 5559) granting an increase of 480 CONGRESSIONAL -RECORD-· HOUSE. , JANUARY'5, pension to Josephine C. Chase, reported the same with amend­ pension to Alexander -H. Covert, reported the,same.with amend­ ment, aceompanied by a. report (No. 70); which said bill andre­ ment, accompanied by a report (No. 87); which said bi~ and re- port were referred to the Private Calendar. port~were referred to the Private Calendar. . · . . Mr. :MIERS of Indiana, from the Committee on Invalid Pen­ Mr. HOLLIDAY, from the Committee on Invahd Pens10ns, to sions, to which was referred the bill (H. R. 3743) granting a. pen­ which was referred· the bill (H. R. 1288) granting an increase of sion to Charles E. Foley, reported the same with amendments, ac­ pension to Jason Stevens, reported the same with amendments, ac­ companied by a report (No. 71); which said bill and report were companied by a report (No. 88); which said bill and 1·~port were referred to the Private Calendar. referred to the Private Calendar. . . He also, from the same committee, to which was referred the Mr. SNOOK, from theCommitteeoninvalid Pensions, to which bill (H. R. 5531) granting an increase of pension to Marvin Nash~ was referred the bill (H. R. 4916) granting an increase of pension ·reported the same with amendments, accompanied by a report to All~n M. Pierce, repqrted the same with amen~ents, accom­ (No. 72); which said bill and report were referred to the Private panied by a report (No~ 89) ;-which said bill and report were re- Calendar. ferred to the-Private Calendar. - · Mr. HOLLIDAY, from the Committee on Invalid Pensions, to . Mr. _GIBSON, from the Committee on Invalid P~p.sio~s, to ~hich . which was referred the bill (H. R. 3013) granting an increase of was referred the bill (H. R. 6331) granting an increase of pension pension to John A. Mavity, reported the same with amendment, to James M. Dickey, reported the same with amendment,ac~om- · accompanied by a report (No. '73); which said bill and report panied by a. report (No. 90); which said bill and report were re­ were referred to the Private Calendar. ferred to the Private Calendar. Mr. MIERS of Indiana, from the Committee on Invalid Pen­ Mr. MIERS of Indiana, from the Committee on Invalid Pen­ sions, to which .was referred the bill (H. R, 2188) granting an in­ sions,_to which was referred the bill (H. R. 4707) granting a pen­ crease of pension to Richard L. Cook, reported the same with sion to Margaret J. Snook, reported the ·same with amendment, amendments, accompanied by a. report (No. 74); which said bill accompanie~ by a report (No. 91); which said bill arid report were and report were referred to the Private Calendar. 1 referred to the Private Calendar. , Mr. 8NOOK, from the Committee on Invalid Pensions, to which Mr. SULLOWAY, from the Committee on Invalid Pensions, to was referred the bill (H. R. 1624) granting an increase of pension which was referred the bill (H. R. 4935) granting an increase of to Charles W. Boyer, reported the same with amendments, accom­ pension to Edward T. Miller, reported the same with amendment, panied by a. report (No. 75): which said bill and report were l'e- accompanied by a report· (No. 92); which· said bill and report • ferred to the Private Calendar. - • were referred to the Private Calendar. - · Mr. ~HERS of Indiana, from the Committee .on Invalid Pen­ Mr. DEEMER, from the Committee on Invalid Pensions, to sions, to which was referred the bill (H. R. 6619) granting an in­ which was referred the bill (H.·R . .4625) granting a pension to crease of pension to Benjamin R. Little, reporte'd the same with Theresa B. Nash, reported the same with amendments, accom­ amendment, accompanied by a. report (No. 76); which said bill panied by a report (No. 93); which said bill -and report were re­ and report were referred to the Private Calendar. · ferred to the Private Calendar. Mr: DEEMER, fro!ll the Committee on Invalid Pensions, to Mr. GIBSON, from the Committee on Invalid Pensions, to which was referred the bill (H. R. 7374) granting an increase of which was referred the bill (H. R. 5010) granting a. pension to pension to Jabez Perkins, reported the same with amendments; ac­ Mary F. Hamilton, reported the same with ·amendments, accom­ companied by a report (No. 77); which said bill and report were panied by a report (No. 94); whicli said bill and report were re- referred to the Plivate Calendar. . ferred to the Private Calendar. - · !fr. SULLOWAY, fpom the Committee on Invalid Pensions, to Mr. MIERS of Indiana, f:r:om the Committee on Invalid Pen­ which was referred the bill (H. R. 942) granting an increase of sions, to which was referred the bill (H.,R ..2690) gran~ing. an in­ pension to James F. Hardy, reported the same without amend­ crease of pension to Thomas· Kelly, reported the same . without ment, accompanied by a. report (No. 78); which said bill and re- amendment, accompanied by a. report (No. 95); which said bill port were referred to the Private Calendar. · and report were referred to the Private Calendar. Mr. DEEMER, from the Committee on Invalid Pensions', to Mr. GIBSON, from the Committee on Invalid Pensions, to which was referred the bill (H. R. 561) granting an increase of which was re~erred ' the bill .(:ij,"R, 2~7) gr:anting a. , pension to pension to Eri Summy, reported the same with amendment, ac­ Margaret Cotter, widow of John A. Cotter, Company B, Second companied by a report (No. 79); which said bill and report were Tennessee Volunteer Cavalry, reported the same with amend­ referred to the Private Calendar. · · · ments, accompanied by a report (No. 96); which said bill and re­ Mr. GIBSON, from the Committee on Invalid Pensions, to port were referred to the Private Calendar. which was referred the bill (H. R. 2424) granting a. pension to Mr~ MIERS of Indiana, from the Committee on Invalid Pen­ Emma Butler, reported the same with amendments, accompanied sions, to which was referred the bill (H. R. 1316) granting an in­ .by a report (No. 80); which said bill and report were referred to crease of pension to George W. Day, reported the same with the Private Calendar. . _ amendment, accompanied by a. report (No. 97); which said bill Mr. SULLOWAY, from the Committee on Invalid Pensions, and report were referred to the Private Calendar. to which was referred the bill (H. R. 722) granting an increase Mr. DEEMER, from the Committee~ on Invalid Pensions, to of pension to Zechariah B. Stuart, reported the same with amend­ which was referred the bill (H. R. 2019) granting a pension to ruents, accompanied by a report (No. 81); which said bill andre- Mary Gwynn, reported the same With ·aj:nendments-,·aocompanied port were referred to the Private Calendar. . by a report (No. 98); which ~aid bj)l and report were referred to Mr. SNOOK, from the Committee on Invalid Pensions, to which the Private Calendar. was referred the bill (H. R. 1483) granting an increase of pension Mr. SULLOWAY, from the Committee on Invalid Pensions, to James W. Black, reported the same without amendment, accom:­ to which was referred the bill (H. R. 2991) granting an increase panied by a report (No. 82): which said bill and report were re- of pension to Lydia A. Topping, reported the same without ferred to the Private Calendar. . - amendment, a-ccompanied by a report (No. 99); which said bill Mr. SULLOWAY, from the Committee on Invalid Pensions, and report were referred to the Plivate Calendar. to which was referred the bill (H. R. 907) granting an increase Mr. DEEMER, from the Committee on Invalid Pensions, to of pension to De Witt C. Parker, reported the same with amend­ which was referred the bill (H. R. 3000) granting an increase of ments, accompanied by a report (No. 83); which said bill andre­ pension to William C. Best, reported the same with amendment,. port were referred to the Private Calendar. accompanied by a report (No. 100); which said bill and report Mr. MIERS of Indiana, from the Committee on Invalid Pen­ were referred to the Private Calendar. · sions, to which was refen-ed the bill (H. R. 930) granting an in­ Mr. SNOOK,·from the Coriimittlfe on Invalid Pensions, to which crease of pension to Thomas M. Parkison, reported the same with was referred the bill (H. R. 895) granting a pension to Margaret amendment, accompanied by a report (No. 84); which said bill M. Walker, reported the· same with amendments, accompanied by and report were referred to the Private Calendar. - a report (No. 101); which said bill and report were referred to Mr. DEEMER, from the Committee on Invalid Pensions, to the Private Calendar. · · which was referred the bill (H. R. 5005) granting an incre~se of Mr. GIBSON, from the Committee on Invalid Pensions, to which pension to Worthington S. Locke, reported the same with amend­ was referred the bill-(H. R. 2139) granting an increase of pension ments, accompanied by a. report (No. 85); which said bill andre­ to James W. Kight, reported the same with amendment, accom­ port were referred to the Private Calendar. panied by a report (No. 102); which said bill and report were re­ He also, from the same com~ittee, to which was referred the ferred to the Private Calendar. bill (H. R. 1517) granting an increase of pension to George W. He also, from the same committee, to which was referred the 'Hutchison, reported the same with amendment, accompanied by bill (H. R. 2616) granting a pension to Joseph K: Welt, reported a report (No. 86); which said bill and report were referred to the the same with amendments, accompanied by a. report (No. 103); Private Calendar. . which said bill and report were referred the Private Calendar. · Mr. SULLOWAY, from the Committee on Invalid Pensions, to Mr. SULLQWAY, from the Committee on Invalid Pensions, to. which was referred the bill (H. R. 1856) granting an increase of which was referred the bill (H. R. 864) granting an increase of 1904:· CONGRESSIONAL RECORD-HOUSE. 481 pension to Albert Moulton, reported the same with amendment, He also, from the same committee, to which was referred the accompanied by a report (No. 104); which said bill and report bill (H. R. 3215) for the relief of Thomas V. Stirman's estate, re­ were referred to the Private Calendar. ported the same without amendment, accompanied by a report Mr. HOLLIDAY, from the Committee on Invalid Pensions, to (No. 122); which said bill and report were referred to the Private which was referred the bill (H. R. 196) granting a pension to Calendar. Grace E. Carson, reported the same without amendment, accom­ He also, from the same committee, to which was referred the· panied by a report (No. 105); which said bill and report were re· bill (H. R. 6871) for the relief of the estate of Samuel H. Patter· ferred to the Private Calendar. son, deceased, reported the same with amendment, accompanied He also, from the same committee, to which was referred the by a report (No. 123) ; which said bill and report were referred bill (H. R. 6441) granting an increase of pension to Peter Fillion, to the Private Calendar. reported the same with amendment, accompanied by a report Mr. GIBSON, from the Committee on War Claims, to which (No. 106); which said bill and report were referred to the Private was referred the bill H. R. 3894, reported in lieu thereof a resolu­ Calendar. tion (H. Res. 116) for the relief of the Presbyterian Church of Mr. DEEMER, from the Committee on Invalid Pensions, to Loudon, Loudon County, Tenn., accompanied by a report (No. which was referred the bill (H. R. 5043) granting a pension to 124) : which said resolution and report were referred to the Private William H. Harrison, reported the same with amendments, ac· Calendar. companied by a report (No. 107); which said billandreportwere He also, from the same committee, to which was referred the referred to the Private Calendar. bill H. R. 3899, reported in lieu thereof a resolution (H. Res. 117) Mr. GIBSON, from the Committee on Invalid Pensions, to which for the relief of Thomas J. Wear, accompanied by a report (No. was referred the bill (H. R. 3903) granting an increase of pension 125); which said resolution and report were referred to the Private to George C. Sherman, reported the same with amendment, ac­ Calendar, companied by a report (No. 108); which said bill and report were referred to the Private Calendar. Mr. MIERS of Indiana., from the Committee on Invalid Pen­ CHANGE OF REFERENCE. sions, to which was referred the bill (H. R. 5528) granting a pen­ sion to Maria Lindhorst, reported the same with amendment, ac­ Under clause 2 of Ru1e XXIT, committees were discharged from companied bv a report (No. 109); which said bill and report the consideration of bills of the following titles; which were there· were referred to the Private Calendar. upon referred as follows: Mr. BRADLEY, from the Committee on Invalid Pensions, to A bill (H. R. 6067) for the relief of Ste. Genevieve County, Mo.­ which was referred the bill (H. R. 616) granting a pension to Committee on Claims discharged, and referred to the Committee Sarah Chrysler, reported the same with amendments, accompa­ on War Claims. nied by a report (No. 110); which said bill and report were re­ A bill (H. R. 7699) granting an increase of pension to Martha ferred to the Private Calendar. del Banco Cunningham-Committee on Pensions discharged, and Mr. MIERS of Indiana, from the Committee on Invalid Pen­ referred to the Committee on Invalid Pensions. sions, to which was referred the bill (H. R. 2472) granting an in­ A bill (H. R. 4946) to restor~ James F. Wheeler to the pension crease of pension to David F. Lewis, reported the same with roll-Committee on Invalid Pensions discharged, and referred to amendment, accompanied by a report (No.111); which said bill the Committee on Pensions. and report were referred to the Private Calendar. A bill (H. R. 5986) granting an increase of pension to Frances _ Mr. DEEMER, from the Committee on Invalid Pensions, to Cowi~Coi:nmittee on Invalid Pensions discharged, and referred which was referred the bill (H. R. 661) granting an increase of to Committee Pensions. pension to Elizabeth E. Meekly, reported the same with amend­ ments, accompanied by a report (No. 112); which said bill and PUBLIC BILLS, RESOLUTfONS, AND MEMORIALS. report were referred to the Private Calendar. · Mr. SULLOWAY, from the Committee on Invalid Pensions, Under clause 3 of Rule XXTI, bills, resolutlonR, and memorials to which was referred the bill (H. R. 3472) granting an increase of the· following titles were introduced and severally referred as of pension to Marcus E. Amsden.- reported the same with amend­ follows: . ments, accompanied by a report (No. 113); which said bill and re­ By Mr. MONDELL: A bill (H. R. 8868) to apply a portion of port were referred to the Private Calendar. the proceeds of the sales of public lands to the endowment of Mr. GIBSON, from the Committee on Invalid Pensions, to schools or departments.of mines and mining in connection with .which was referred the bill (H. R. 24:35) granting a pension to the colleges established in the several States under the provisions Reuben Vermillion, reported the same with amendment, accom­ of an act approved July 2, 1862, entitled "An act donating public panied by a report (No. 114); which said bill and report were lands to the several States and Territories which may provide col· referred to the Private Calendar. leges for the benefit of agriculture and the mechanic arts," and :Mr. MAHON, from the Committee on War Claims, to which for similar purposes, being a further supplement to said act-to was refened the bill (H. R. 5990) for the relief of the legal repre­ the Committee on Mines and Mining. _ . sentatives of Samuel Schiffer, reported the same without amend­ By Mr. CUSHMAN: ..A bill (H. R. 8869) to amend an act en­ ment, accompanied by a report (No. 116); which said bill and titled "An act to extend the coal-land laws to the district of report were referred to the Private Calendar. Alaska," approved June 6, 1900-to the Committee oil the Public Mr. GREGG, from the Committee on War Claims, to which ~~ . was 1·eferred the bill (H. R. 4933) for the relief of the representa­ By Mr. SMITH of Pennsylvania: A bill (H. R. 8870) to repeal tives of ]f. F. Merritt, deceased, reported the same without an act entitled "An act to establish a uniform system of bank­ amendment, accompanied by a report (No. 117); which said bill ruptcy throughout the United States," approved July 1;1898, and and report were referred to the Private Calendar. the amendment to said-act approved February 5, 1903-to the Com­ Mr. GIBSON, from the Committee on War Claims, to which mittee on the Judiciary. was referred the bill (H. R. 3893) for the relief of the First Pres­ By Mr. ADAMS of Pennsylvania: A bill (H. R. 8871) providing ·byterian Church of Knoxville, Tenn., reported the same without for the striking of a medal in memory of Benjamin Franklin-to amendment, accompanied by a report (No. 118); which said bill the Committee on the Library. . and report were referred to the Private Calendar. By Mr. GUDGER: · A bill (H. R. 8872) to provide for the en· Mr. MAHON, from the Committee on War Claims, to which larging of the United States court building at Asheville, N.C., was referred the bill (H. R. 1020) to authorize the readjustment containing the United States court room, post-office, clerk's office, of the accounts of army officers in certain cases, and for other and internal-revenue offices-to the Committee on Public Build· purposes, reported the same without amendment, accompanied by ings and Grounds. a report (No. 119) ; which said bill and report were referred to By Mr. ACHESON: A bill (H. R. 8873) to establish lights on the Private Calendar. the Monongahela River-to the Committee on Interstate and :Mr. HASKINS, from the Committee on War Claims, to which Foreign Commerce. · _was referred the bill (H. R. 6599) for the relief of Benjamin Bur­ Also, a bill (H. R. 8874) to provide for the purchase of addi· rows, reported the same with amendment, accompanied by a tional ground and the enlargement and improvement of the public report (No. 120); which said bill and report were referred to the building at Beaver Falls, Pa.-to the Committee on Public Build- Private Calendar. ings and Grounds. · Mr. HOLLIDAY,from the Committee on War Claims, to which By Mr. CURTIS: A bill (H. R. 8875) to remove the limitation w as referred the bill (H. R. 3211) for the relief of the adminis­ in the payment of arrears of pensions-to the Committee on In­ _trator of the estate of Marcus L. Broadwell, reported the same valid Pensions. without amendment, accompanied by a report (No. 121); which Also, a bill (H. R. 8876) to remove the limitation in the pay­ said bill and report were referred to the Private Calendar, ment of arrears of pensions on account of gunshot wounds received XXXVill-31 482 CONGRESSIONAL RECORD-HOUSE. J.ANU.ARY 5, in the service in the line of duty-to the Committee on Invalid bility of constructing a wire fence along the Canadian boundary Pensions. between the Lake of the Woods and Point Roberts-to the Com­ Also, a bill (H. R. 8877) extending provisions of an act granting mittee on the Public Lands. pensions to soldiers and sailors, approved June 27, 1890, to the .Eighteenth and Nineteenth Regiments of Kansas Cavalry Volun­ teers-to the Committee on Pensions. Also, a bill (H. R. 88i8) to extend the provisions of the act of PRIVATE BILLS AND RESOLUTIONS. January 21, 1903, to the Osage Reservation, in Oklahoma Terri­ Under clause 1 of Rule XXTI, private bills and resolutions of tory-to the Committee on Indian Affairs. the following titles were introduced and severally referred as Also, a bill (H. R. 8879) providing for probate courts and pro­ follows: bate judges for the Indian Territory, and for other purposes-to By 1\Ir. ACHESON: A bill (H. R. 8899) to correct the military the Committee on the Judiciary. record of G;eorge Collins-to th~ Commi~e on Military Affairs. Also, a bill (H. R. 8880) providing for the appointment of ad­ Also, a b1ll (H. R. 8900) granting a pensiOn to George Collins­ ditional judges in Indian Territory, to increase the jurisdiction of to the Committee on Invalid Pensions. the United States commissioner in the Indian Territory, and for Also, a bill (H. R. 8901) granting a pension to Deborah E. other purposes-to the Committee on the Judiciary. Green-Childs-to the Committee on Pensions. Also, a bill (H. R. 8881) authorizing and directing the Secre­ ALso, a bill (H. R. 8902) granting an increase of pension to tary of War to improve the Kans~ River, and for other pur­ Joseph W. Whessen-to the Committee on Invalid Pensions. poses-to the Committee on Rivers and Harbors. ALso, a bill (H. R. 8903) granting a pension to Sarah F. Craig­ By Mr. DEEMER: A bill (H. R. 8882) to enlarge the post-office to the Committee on Invalid Pensions. and court-house building in the city of Williamsport, Pa.-to the ALso, a bill (H. R. 8904) granting an increase of pension to Committee on Public Buildings and Grounds. Joseph J. Lloyd-to the Committee on Invalid Pensions. By Mr. SPERRY (by I'equest): A bill (H. R. 8883) to regulate ..;\l~o, a bill (H. R. 8905) gran~g an increase of pension to the powers and privileges of corporations-to the Committee on William W. Jobes-to the Committee on Invalid Pensions. the Judiciary. ALso, a bil.l _(H. R. 8906) grant~g an incre~se of pension to By Mr. PINCKNEY: A bill (H. R. 8884) making an appro­ James W. Milligan-to the Committee on Invalid Pensions. priation for a public building at Houston, Tex.-to the Commit­ ~o, a bill (~. R. 8907) grantin~ an increas~ of pension to tee on Public Buildings and Grounds. Cassius M. MeNICkle-to the Comrmttee on Invalid Pensions. Also, a bill (H. R. 8885) making an appropriation for improve­ Also, a bill (H. R. 8908) granting an increase of pension to ment of Galveston ship channel and Buffalo Bayou, Texas-to William Davis-to the Committee on Invalid Pensions. the Committee on Rivers and Harbors. ~~o, a bill ~H: R. 8909) gran~g an increase of pension to By Mr. FORDNEY: A bill (H. R. 8886) granting a pension of William R. Wilkins-to the Committee on Invalid Pensions. $12 per month .to all soldiers' widows over 60 years of age-to the Also, a bill (H. R. 8910) granting an increase of pension to Committee on Invalid Pensions. James R. Todd-to the Committee on Invalid Pensions. By :Mr. STEPHENS of Texas: A bill (H. R. 8887) to establish Also, a bill (H. R. 8911) granting an increase of pension to probate courts in Indian Territory, and for other. purposes-to Joseph Greist-to the Committee on Invalid Pensions. the Committee on the Judiciary. Also! a bill (H. R. 8912) granting an increase of pension to By Mr. BURLESON: A bill (H. R. 8888) making an appro­ Samuel Harvey-to the Committee on Invalid Pensions. priation for completing the improvement of the Brazos River ALso, a bill (H. R. 8913) granting an increase of pension to Reu­ from its mouth to Old Washington, Tex.-to the Committee on ben Sanders-to the Committee on Invalid Pensions. Rivers and Harbors. ALso, a bill (H. R. 8914) granting an increase of pension to By Mr. DALZELL: A bill (H. R. 8889) to authorize the con­ Milo G. Gibson-to the Committee on Invalid Pensions. struction of a bridge across the Monongahela River, in the State of By Mr. BRANDEGEE: A bill (H. R. 8915) granting an increase Pennsylvania, by the Eastern Railroad Company-to the Com­ of pension to Warren McCracken-to the Committee on Invalid mittee on Interstate and Foreign Commerce. Pensions. By Mr. GAINES of Tennessee: A bill (H. R. 8890) to establish By Mr. BENNY: A bill (H. R. 8016) for the relief of Susie G. a subtreasury at Nashville, Tenn.-to the Committee on Ways Seabury-to the Committee on Pensions. and Means. ALso, a bill (H. R. 8917) for the relief of Michael Marx-to the By Mr. GILLETT of California: A bill (H. R. 8891) to permit Committee on Invalid Pen ions. actions commenced in a State court to be removed to the circuit Also, a bill (H. R. 8918) for the relief of John Hunter-to the court of the United States-to the Committee on the Judiciary. Committee on Military Affairs. Also, a bill (H. R. 8892) to amend section 2325 of the Revised By Mr. BOWERSOCK: A bill (H. R. 8919) granting an increase Statutes of the United States-to the Committee on the Public of pension to William L. Jobe-to the Committee on Invalid Pen­ Lands. sions. Also, a bill (H. R. 8893) to provide for the examination and By Mr. BRADLEY: A bill (H. R. 8920) granting a pension to classification of certain lands in the State of California-to the Harriet A. Tucker -to the Committee on Invalid Pensions. Committee on tho Public Lands. By Mr. CLARK: A bill (H. R. 8921) granting an increase of By Mr. SCUDDER: A bill (H. R. 8894) granting an increase of pension to John McCollister-to the Committee on Invalid Pen­ compensation to snrfmen of life-saving stations-to the Committee sions. on Interstate and Foreign Commerce. By Mr. CLAYTON: A bill (H. R. 8922) granting a pension to By Mr. CONNER: A bill (H. R. 8895) for the purchase of a site Martha E. Nolen-to the Committee on Pensions. for post-office building at Estherville, Iowa-to the Committee on ALso, a bill (H. R. 8923) granting a pension to Elizabeth Cotter­ Public Buildings and Grounds. to the Committee on Pensions. Also, a bill (H. R. 8896) for the erection of a public building at Also, a bill (H. R. 8924) granting a pension to Georgia A. Webster City, Iowa-to the Committee on Public Buildings and Whitehead-to the Committee on Pensions. Grounds. By Mr. CONNER: A bill (H. R. 8925) granting an increase of By Mr. WILSON of Arizona: A bill (H. R. 8897) to appropri­ pension to John Weaver-to the Committee on Invalid Pensions. ate $3,000 for the construction and preparation of a target range Also, a bill (H. R. 8926) granting an increase of pension to for use of troops stationed at Prescott, Ariz.-to the Committee John Miller-to the Committee on Invalid Pensions. on Military Affairs. Also, a bill (H. R. 8927) granting an increase of pension to By Mr. McCALL: A bill (H. R. 8898) to provide rebate of duties Irvin Austin-to the Committee on Invalid Pensions. on all coal imported into the United States-to the Committee on Also, a bill (H. R. 8928) granting an increase of pension to Ways and Means. Eliza A. Hughes-to the Committee on Invalid Pensions. By Mr. GIBSON, from the Committee on War Claims: A reso­ By Mr. CURTIS: A bill (H. R. 8929) to restore the pension of lution (H. Res. 116) referringtotheCourtof Claims the bill H. R. Oliver Grubbs-to the Committee on Invalid Pensions. 3894-to the Private Calendar. Also, a bill (H. R. 8930) for the relief of Frederick M. George­ Also, from the same committee, a resolution (H. Res. 117) re­ to the Committee on Military Affrurs. ferring to the Court of Claims the bill H. R. 3899-to the Private Also, a bill (H. R. 8931) for the relief of Curtis M. Benton-to Calendar. the Committee on Invalid Pensions. By Mr. HAY: A resolution (H. Res. 118) relative to report of Also, a bill (H. R. 8932) for the relief of Charles Artzt-to the J. L. Bristow, Fourth Assistant Postmaster-General, concerning Committee on War Claims. long-time leases for post-office premises-to the Committee on the Also, a bill (H. R. 8933) for the relief of Annie Catharine Met­ Post-Office and Post-Roads. tier-to the Committee on War Claims. By Mr. DIXON: A resolution (H. Res. 119) -directing the Sec­ Also, a bill (H. R. 8934) for the relief of Caleb H. Adams-to l'etary of Commerce and Labor to inquire into the cost and feasi- the Committee on Invalid Pensions. 1904. CONGRESSIONAL RECORD-HOUSE. 483

Also, a bill (H. R. 8935) for the relief of G. W. Seaman, late Also, a bill (H. R. 8974) for the relief of the Mount Zion Metho­ postmaster at Red Mountain, Colo.-to the Committee on Claims. dist Episcopal Church, of ::Middletown, Frederick County, Va.-to Also, a bill (H. R. 8936) for the relief of John A. Clark-to the the Committee on War Claims. Committee on Military Affairs. Also, a bill (H. R. 8975) for the relief of Joseph E. Funk­ Also, a bill (H. R. 8937) for the relief of Christ Schrey-to the houser, of Frederick County, Va.-to the Committee on War Committee on Claims. Claims. Also, a bill (H. R. 8938) granting an increase of pension to Also, a bill (H. R. 8976) for the relief of the Methodist Epis­ George Wiley-to the Committee on Invalid Pensions. copal Church of Middletown, Frederick County, Va.-to the Com­ Also, a bill (H. R. 8939) granting an increase of pension to mittee on War Claims. Samuel B. MaTks-to the Committee on Pensions. Also, a bill (H. R. 8977) for the relief of the Muhlenburg Evan­ Also, a bill (H. R. 894.0) granting an increase of pension to gelical Lutheran Church, of Harrisonburg, Rockingham County, William Henthorn-to the Committee on Invalid Pensions. Va.-to the Committee on War Claims. Also, a bill (H. R. 8941) granting an increase of pension to Also, a bill (H. R. 8978) for the relief of James T. Petty, Charles John Brown-to the Committee on Pensions. B. Church, Jessee B. Wilson, and George T. Dearing-to the Also, a bill (H. R. 8942) granting an increase of pension to J. Committee on the District of Columbia. H. Beatty-to the Committee on Invalid Pensions. By Mr. HEPBURN: A bill (H. R. 8979) granting a pension to Also, a bill (H. R. 8943) granting an increase of pension to John Sarah J. Boles-to the Committee on Invalid Pensions. P. Wager-to the Committee on Invalid Pensions. Also, a bill (H. R. 8980) granting an increase of pension to Also, a bill (H. R. 8944) granting an increase of pension to B. B. Henry Towns-to the Committee on Invalid Pensions. Bacon-to the Committee on Invalid Pensions. Also, a bill (H. R. 8981) granting an increase of pension to Ezra Also, a bill (H. R. 8945) granting an increase of pension to John Shanks-to the Committee on Invalid Pensions. H. Riley-to the Committee on Invalid Pensions. Also, a bill (H. R.8982) grantinganincreaseof pension to John Also, a bill (H. R. 8946) granting an increase of pension to Fred­ H. Miller-to the Committee on Invalid Pensions. erick K. Noyes-to the Committee on Invalid Pensions. Also, a bill (H. R. 8983) granting an increase of pension to Also, a bill (H. R. 8947) granting a pension to George Rey­ Johnathon R. Cox-to the Committee on Invalid Pensions. nolds-to the Committee on Invalid Pensions. By Mr. HUMPHREYS of Mississippi: A bill (H. R. 8984) grant­ Also, a bill (H. R 8948) granting a pension to Frances Chan­ ing an increase of pension to John I. Rundeberg-to the Commit­ dler-to the Committee on Invalid Pensions. tee on Pensions. Also, a bill (H. R. 8949) granting a pension to Sarah M. Rea­ By Mr. HUMPHREY of Washington: A bill (H. R. 8_985) for soner-to the Committee on Invalid Pensions. the relief of Simon W. Scott-to the Committee on Claims. Also, a bill (H. R. 8950) granting a pension to Adam Ross-to By Mr. LAMB: A bill (H. R. 8986) for the relief of Algernon L. the Committee on Invalid Pensions. Wilkinson, :Kil.te E. Wilkinson! and Laura M. Powell, sole heirs Also, a bill (H. R. 8951) granting a pension to Lizzie J. Boat­ of Laura E. Wilkinson, deceased-to the Committee on War man-to the Committee on Invalid Pensions. Claims. Also, a bill (H. R. 8952) granting a pension to Robert Kennish­ Also, a bill (H. R. 8987) for the relief of the estate of Isaac to the Committee on Invalid Pensions. Burnett, deceased-to the Committee on War Claims. By Mr. CUSHMAN: A bill (H. R. 8953) granting a pension to By Mr. LANNING: A bill (H. R. 8988) granting a pension to John Ashwoi-th-to the Committee on Invalid Pensions. Sarah M:. C. Silvers-to the Committee on Invalid Pensions. By Mr. DEEMER: A bill (H. R. 8954) granting an increase of Also, a bill (H. R. 8989) for the relief of Stephen W. Stryker­ pension to Allen M. Haight-to the Committee on Invalid Pen­ to the Committee on Military Affairs. sions. Also, a bill (H. R. 8990) granting an increase of pension to Also, a bill (H. R. 8955) granting an increase of pension to Matthew S. Austin-to the Committee on Invalid Pensions. Joseph M. Allison-to the Committee on Invalid Pensions. Also, a bill (H. R. 8991) granting an increase of pension to Wil­ Also, a bill (H. R. 8956) granting an increase of pension to liam E. Mattison-to the Committee on Invalid Pensions. Joseph R. Duffield-to the Committee on Invalid Pensions. Also, a bill (H. R. 8992) granting an increase of pension to Wil­ AI o, a bill (H. R. 8957) to remove the charge of desertion from liam C. Davis-to the Committee on Invalid Pensions. the military record of Hiram B. Wilson-to the Committee on Also, a bill (H. R. 8993) granting an increase of pension to Mel­ Military Affairs. vina Bottles-to the Committee on Invalid Pensions. By Mr. FORDNEY: A bill (H. R. 8958) amending the military By Mr. LIVINGSTON: A bill (H. R. 8994) for the relief of record of Frederick Solo ten-to the Committee on Military Affairs. Michael Kries-to the Committee on War Claims. Also, a bill (H. R. 8959) granting a pension to Sarah Blank-to Also, a bill (H. R. 8995) for the relief of Ahijah Macy-to the r the Committee on Invalid Pensions. Committee on Military Affairs. Also, a bill (H. R. 8960) granting a pension to Louisa Nesmith­ By Mr. LOUDENSLAGER: A bill (H. R. 8996) granting an to the Committee on Invalid Pensions. increase of pension to Diah Lovejoy-to the Committee on Invalid Also, a bill (H. R. 8961) granting a pension to Frances E. Pensions. Grisson-to the Committee on Invalid Pensions. By Mr. McCARTHY: A bill (H. R. 8997) granting an increase Also, a bill (H. R. 8962) granting an increase of pension to Wil­ of pension to James Murray-to the Committee on Invalid Pen­ liam R. Mead-to the Committee on Invalid Pensions. sions. Also, a bill (H. R. 8963) granting an increase of pension to John Also, a bill (H. R. 8998) granting an increase of pension to H. G. Wolke-to the Committee on Invalid Pensions. Henry L. Beach-to the Committee on Invalid Pensions. By Mr. FRENCH: A bill (H. R. 8964) granting an increase of By Mr. MOON of Tennessee: A bill (H. R. 8999) for the relief pension to Andrew J. Power-to the Committee on Pensions. of ~e estate of H. B. Henegar, deceased-to the Committee on Also, a bill (H. R. 8965) granting an increase of pension to Jo­ War Claims. seph K. Cameron-to the Committee on Invalid Pensions. By Mr. POWERS of Maine: A bill (H. R. 9000) granting an in­ By Mr. GARDNER of Michigan: A bill (H. R. 8966) granting crease of pension to Charles Frye-to the Committee on Invalid an increase of pension to James M. Fink-to the Committee on Pensions. Invalid Pensions. Also, a bill (H. R. 9001) granting an increase of pension to Also, a bill (H. R. 8967) granting an increase of pension to Wil­ Isaac J. Getchell-to the Committee on Invalid Pensions. liam A. Hanken-to the Committee on Invalid Pensions. Also, a bill (H. R. 9002) granting an increase of pension to Also, a bill (H. R. 8968) granting a pension to Emily J. Sher­ GibsonS. Budge-to the Committee on Invalid Pensions. man-to the Committee on Invalid Pensions. Also, a bill (H. R. 9003) granting an increase of pension to By :Mr. GILLETT of California: A bill (H. R. 8969) granting JamesBowley-to the Committee on Invalid Pensions. an increase of pension to John Herzinger-to the Committee on By 1\fr. PRINCE: A bill (H. R. 9004) granting an increase of Pensions. pension to Josiah Tilden-to the Committee on Invalid Pensions. Also, a bill (H. R. 89-70) granting an increase of pension to Also, a bill (H. R. 9005) granting an increase of pension to Charles B. Hart-to the Committee on Invalid Pensions. George P. Conyers-to the Committee on Invalid Pensions. By Mr. GUDGER: A bill (H. R. 8971) for the relief of Sarah Also, a bill (H. R. 9006) granting a pension to Mary J. Mock­ E. Massey, of Madison County, N. C.-to the Committee on Inva­ to the Committee on Invalid Pensions. lid Pensions. By :M:r. REEDER: A bill (H. R. 9007) granting an increase of By Mr. HAY: A bill (H. R. 8972) for the relief of the Presby­ pension to Edward 0. C. Anthony-to the Committee on Invalid terian Church of Strasburg, Shenandoah County, Va.-to the Pensions. Committee on War Claims. Also, a bill (H. R. 9008) granting an increase of pension to Also, a bill (H. R. 8973) for the relief of the St. Thomas Metho­ George Nulton-to the Committee on Invalid Pensions. dist Episcopal Church, of :Middletown, Frederick County, Va.­ Also, a bill (H. R. 9009) grantbag an increase of pension to Wil­ to the Committee on War Claims. liam C. Garner-to the Committee on Invalid Pensions. 484 CONGRESSIONAL. REOORD-HOUSE. . JANUARY 5,-

Also, a bill (H. R. 9010) granting an increase of pension to Elias Also, resolntionof the·Presbyteryof Washington,Pa., in favor Fonght-to the Committee on Invalid Pensions. of the Dolliver-Hepburn bills-to the Committee on the Judiciary. By Mr. RICHARDSON of Tennessee: A bill (H. R. 9011) to cor­ By Mr. BARTLETT: Petition of R. F. Strickland & Co. and rect the military record of Edmond Jndkins-to the Committee others, of Griffin, Ga., protesting against the passage of parcels­ on Mill tary Affairs. post bill-to the Committee on the Post-Office and Post-Roads. By Mr. RODENBERG: A bill (H. R. 9012) granting an in­ By Mr. BIRDSALL: Papers to accompany bill granting an in.:. crease of pension to Jacob W. Gersteneker-to the Committee on crease of pension to Joseph Mitch-to the Committee on Invalid Invalid Pensions. Pensions. Also, a bill (H. R. 9013) for the relief of Ellen R. Stearns-to By Mr. BOWERSOCK: Resolution of Thomas Brennen Post, the Committee on Invalid Pensions. No. 380, Grand Army of the Republic, at the National Military .A_lso, a bill (H. R. 9014) for the relief of Isaac N. Enloe-to the Home, Kansas, favoring passage of a service-pension bill-to the Committee on War Claims. Committee on Invalid Pensions. By Mr. SHAFROTH: A bill (H. R. 9015) granting an increase By Mr. BURKETT: Papers to accompany bill granting a pen­ of pension to Horace H. Sickels-to the Committee on Invalid sion toW. F. Thompson-to the Committee on Invalid Pensions. Pensions. Also, resolution of the Nebraska Association of Postmasters, Also, a bill (H. R. 9016) granting an increase of pension to indorsing the recommendations of the First Assistant Postmaster­ George W. Neely-to the Committee on Invalid Pensions. General relative to cleTk hire allowance of third-class postmas­ Also, a bill (H. R. 9017) granting an increase of pension to ters-to the Committee on the Post-Office and Post-Roads. Pierce McKeough-to the Committee on Invalid Pensions. Also, resolution of Farragut Post, No. 25, Grand Army of the Also, a bill (H. R. 9018) granting an increase of pension to Republic, of Lincoln, Nebr., favoring passage of a service-pen­ Perry L. ~ubbard-to the Committee on Invalid Pensions. sion bill-to the Committee on Invalid Pensions. Also, a bill (H. ~R. 9019) for the relief of Louisa A. Brown-to Also, petition of the Woman's Christian Temperance Union of the Committee on War Claims. Tecumseh, Nebr.: of the Christian Endeavor Society of the Pres­ By Mr. SHIRAS: A bill (H. R. 9020) granting a pension to byterian Church of Tecumseh, Nebr., and of Dr. T. J. Merryman; Mary Saylor-to the Committee on Invalid Pensions. of Lincoln, Nebr., against the sale of intoxicating liquors in all By Mr. SMITH of New York: A bill (H. R. 9021) granting an Government buildings-to the Committee on Alcoholic. Liquor increase of pension to Joseph Whitman-to the Committee on In­ Traffic. valid Pensions. Also, petition of the Woman's Christian Temperance Union ot Also, a bill (H. R. 9022) granting a pension toWarren Hughes­ Tecumseh, Nebr., and of the Christjan Endeavor Society of the to the Committee on Invalid Pensions. Presbyterian Church of Tecumseh, Nebr., favoring passage of the By Mr. SMITH of Pennsylvania: A bill (H. R. 9023) granting Hepburn interstate liquor act-to the Committee on Alcoholic an increase of pension to George Adams-to the Committee on Liquor Traffic. Invalid Pensions. Also, resolution of the Military Order of the Loyal Legion, Also, a bill (H. R. 9024) granting an increase of pension to Jacob Commandery of Nebraska, relative to placing statues in Statuary taird-to the Committee on Invalid Pensions. Hall of the Capitol-to the Committee on th9 Library. By Mr. SNOOK: A bill (H. R. 9025) granting a pension to By Mr. CANNON: Petition of Joseph Burnham and others, Sarah Kyle-to the Committee on Invalid Pensions. asking that the sale of liquor be aboli hed in all . Go-vernment Also, a bill (H. R. 9026) granting a pension to Susan R. Estell­ buildings-to the Committee on Alcoholic Liquor Traffic. to the Committee on Invalid Pensions. Also, petitien for a bill to correct- the military record of Thomas By Mr. STEPHENS of Texas: A bill (H. R. 9027) for the relief Riley-to the Committee on Military Affairs. of Hinton· J. Smith, and to pay him for his services as a letter car­ By Mr. CASSINGHAM: Papers to accompany-bill H. R.- 8480, rier-to the Committee on Claims. gt·anting an increase of. pension to Elijah Rearick-to the Com­ By Mr. SULLOWA Y: A bill (H. R. 9028} granting an increase mittee on Invalid Pensions. of pension to Elizabeth F. Miner-to the Committee on Invalid Also, papers to accompany bill H. R. 6829, granting an increase Pensions. of pension to Joseph· Brindley; also. papers to a-c.company bill Also, a bill (H. R. 9029) granting a pension to Georgia S. Bar­ H. R. 6332, granting a pension to Rachel Davis-to the Committee bonr-to the Committee on Invalid Pensions. on Invalid Pensions: By Mr. SULZER: A bill (H. R. 9030) granting an increase of By Mr. CURTIS: Resolution Gf Thomas Brennan Post. No. 380, pension to John Daly-to the Committee on Invalid Pensio:::J s. Department of Kansas, Grand Army of the Republic, of National By Mr. WILLIAMS of Illinois: A bill (H. R. 9031 ) granting a Military Home, in favor of a service-pen.sion act-to the Committee pension to Cullom E. Cline-to the Committee on Invalid Pen­ on InvalidLPensions.· sions. By Mr. FLACK: Papers to accompany bill increasing pension By Mr. WILLIAMS of Mississippi: A bill (H. R. 9032) for the of Marcus Grossman-to the Committee on Invalid Pen ions. relief of W. T. Ratliff, administrator of estate of S. N. Clark, de­ By Mr. GARDNER of Michigan: Papers asking for an increase ceased--to the Committeeon War Claims. of pension to James M·. Fink-to the Committee on Invalid Pensions. By Mr. WILSON of Arizona: A bill (H. R. 9033) granting an By Mr. GIBSON: Petition of Liddie Dillard, of Maury County, increase of pension to James H. McClintock-to the Committee Tenn.; also, petition of Annie M. Smith, of Accomack County, on Invalid Pensions. Tenn.; also, petition of Wiley Good; of Maury County, Tenn.; Also, a bill (H. R. 9034) granting a pension tolsabellaJ. Wray­ also; petition of Joseph -Ewing, of Maury County, Tenn.; also, to the Committee on Pensions. petition of H. W. Hipkins; also, petition of Rial Foster, of Maury Also, a bill (H. R. 9035) granting an increase of pension to County, Tenn.; also, petition of G. B. Allen, of Floyd County, Joseph Branen-to the Committee on Invalid Pensions. • Ky.; also, petition of William A. Hannah, all praying reference By Mr. YOUNG: A bill (H. R. 9036) for the relief of George of claim 'to the Conrt of Claims-to the Committee on War Claims. E. Rogers-to the Committee on Military Affairs. By Mr. GROSVENOR: Papers to accompany bill for the relief Also, a bill (H. R. 9037) granting a pension to Alice W. Clarke­ of Thomas W. Higgins-to the Committee on War Claims. to the Committee on Invalid Pensions. Also,- petition of McKill Post. No. 42, Bainbridge, Ohio. favor:. By Mr. POWERS of Maine: A bill (H. R. 9038) granting a ing passage of service-pension law-to the Committee on Invalid pension to Franklin Palmer-to the Committee on Invalid Pen­ Pensions. sioiil!!. Also, memorial of Independent Tobacco Manufacturers, against bills H. R. 6 and 97-to the Committee on Ways and Means. _ By Mr. GUDGER: Papers in claim of Sarah E. Massey for an PETITIONS, ETC. increase of pension-to the Committee on Invalid Pensions. By· Mr. HARRISON: Lett-er of the assistant clerk of the Court Under clause 1 of Rule XXIT, the following petitions and papers of Claims in the case of Spiegelberg Brothers against The United were laid on the Clerk's desk and referred as follows: States-to the Committee on War Claims. By Mr. ACHESON: Papers to accompany bill granting an in­ By ~r. HERMANN: Resolution of the Board of Trade of San crease of pension to James R. Todd; also, papers to accompany Francisco, recommending an appropriation for the improvement bill granting an increase of pension to William W. Jobes; also, of Siuslaw Harbor-to the Committee on Rivers and Harbors. papers to accompany bill granting an increase of pension to Joseph By Mr. HOWELL of New Jersey: Petition of residents of Bar­ W. Whisen; also, papers to accompany bill granting an increase negat, N: J., urging the improvement of Double Creek-to the of pension to Joseph Leonard; also, papers to accompany bill grant­ Committee on Rivers and Harbors. -Ing an increase of pension to Milo G. Gibson-to the Committee By Mr. LAFEAN: Resolution of General John Sedgwick Post, on Invalid Pensions. No. 37, Grand Army of the Republic, of York, Pa., favoring the Also, papers to accompany bill to correct the military record of pas!=tage. of Senate bill to correct military record of Edward T. George Collins-to the Committee on Military Affairs . ., Lewis-to the Committee on Military Affairs. • 1904. CONGRESSIONAL RECORD-SENATE. :485

By Mr. MOON of Tennessee: Papers to accompany H. R. 1030- By Mr. STEPHENS of· Texas: Petitions of Geanan Farmers' to the Committee on War Claims. :Mutual Fire Insurance Association and of the Muenster Schuetz­ By Mr. NEEDHAM: Resolution of the Chamber of Commerce enverein, of Muenster, Cook County, Tex., in opposition to the of San Francisco, relative to an American register for the British Hepburn and Dolliver bills-to the Committee on the Judiciary. bark Pyrenees-to the Committee on the Merchant Marine and By Mr. STERLING: Petition of citizens of Lexington, ill., Fisheries. favoring a constitutional amendment forbidding polygamous Also, resolutions of the Chamber of Commerce of San Fran­ marriage-to the Committee on the Judiciary. cisco, for the establishment of a life-saving station at Half Moon Al.so, peti~on of citizens of Sayb!ook, ill., fav_?ring passage of Bay-to the Committee on Rivers and Harbors. serv1ee-pens1on law-to the Committee on Invalid Pensions. Also, resolution of the Chamber of Commerce of San Francisco, By Mr. SULZER: Memorial of New York Boa:rd of Trade and indorsing action of the President on isthmian canal matter-to Transportation, for the improvement of Bronx Kills, an arm of the Committee on Interstate and Foreign Commerce. the East River-to the Committee on Rivers and Harbors. Also, resolution of the Chamber of Commerce of San Francisco, _ Also, a statement of the San :Miguel Improvement Club of San favoring the employment of vessels of United States for public Miguel, Cal., concerning the Nacimiento Rancho as a p~oposed purposes-to the Committee on the Merchant Marine and military camp-to the Committee on Military Affairs. Fisheries. Also, resolutions of Moses F. Odell Post, No. 443 , Department Also, resolution of the Chamber of Commerce of San Francisco, of New York, Grand Army of the Republic, in favor of a service­ that none but American vessels shall be used in transportation pension bill-to the Committee on Invalid Pensions. · between ports of the United States and Philippine Islands-to the Also, resolution of Grain Dealers' National Association at Min­ Committee on the Merchant Marine and Fisheries. neapolis, October 8, 1903, in opposition to the Mc Cnmb~r bill­ Also; resolution of the board of supervisors of San Luis Obispo to the Committee on Interstate and Foreign Commer.ce. County, Cal., relative to the Nacimiento rancho as a site formili­ . By Mr. !AWNEY: Papers to accompany bill to increase pen­ tary reservation-to the ComQJ.ittee on Military Affairs. siOn of Alida M. Utter; also, papers to accompany bm td pension Also, letter of H. C. Murphy, M. D., relating to health condi­ Samuel A. Rask-to the· Committee on Invalid Pensions. tions of Nacimiento rancho as a military reservation-to the Com­ . By Mr. WARNOCK: .Resolutions of J. E. Coomer Post, No. mittee on Military Affairs. 281, Grand Army of the Republic, of Ohio, in favor of a service­ By Mr. OTJEN: Resolution of members of the Grain Dealers' pension law-to the Committee on Invalid Pensions. National Association of Milwaukee, in opposition to the McCum­ ber bill (S. 199)-to the Committee on Interstate and Foreign Commerce. By Mr. PAYNE: Papers in support of bill H. R. 5177, granting SENATE. increa-se of pension to William H. Clark; also, petition of D. H. Becker Post, Grand Army of the Republic, urging passage of WEDNESDAY, Janua1·y 6, 1904. service-pension bill; also, letter in reference to claim of Mrs. Jane Prayer by the Chaplain, Rev. EDwARD EVERETT HALE. D. D. ·EA Sutfin for a pension-to the Committee on Invalid Pensions. Mr. THO:MAS KEARNS, a Senator from the State of Utah, ap- Also, petition of the Ministerial Association of Auburn, N.Y., peared in his seat to-day. · · for passage of Dryden bill (S. 1261)-to the Committee on the The Secretary proceeded to read the Journal of yesterday's pro­ Post-Office and Post-Roads. ceeclings, when, on request of Mr. BEVERIDGE. and by unanimous By Mr. PORTER: Papers to accompany bill H. R. 8231, grant­ consent. the further reading was dispensed with. · ing an increase of pension to John Gangwisch; also, papers to ac­ The PRESIDENT pro tempore. The Journal will stand ap­ company bill H. R. 6365, ,granting an increase of pension to John proved • .w. Hay-to the Committee on Invalid Pensions. By Mr. RIXEY: Papers.to accompany bill for the relief of the FINDINGS BY THE COURT OF CLAIMS. legal representatives of Alexander F. Butler-to the Committee The PRESIDENT pro tempore laid before the Senate a com­ on War Claims. . munication from the assistant clerk of the Comt of Claims, · By Mr. ROBINSON of Indiana: Petition of Daniel Falvy, Fort . transmitting a certified ccipy of the findings filed by the court in Wayne, Ind., favoring passage of bill providing for the erection the cause of Mary E. Heustis, executrix of David Heustis, de­ of a monument to the memory of Commodore John Barry in the ceased, v. The United States; which, with the accompanying city of Washington, D. C.-to the Committee on the Library. paper, was referred to the Committee on Claims, and ordered to Also, petition of Elkhart Carriage Company, of Auburn. Ind., be printed. in favor of reduction of taxes on alcohol-to the Committee on He also laid before the Senate a commtmication from the assist­ Ways and Means. ant clerk of the Court of Claims, transmitting a certified copy of By Mr. SCOTT: Petition of the Presbyterian Church of the findings filed by the court in the cause of Cornelius :Qonato, Chanute. Kans., favoring passage of the Hepburn interstate liquor administrator of Auguste Donato, deceased,·v. The United States; bill-to the Committee on Alcoholic Liquor Traffic. which, with the accompanying paper, wa.s referred to the Com- Also, resolution of Thomas Brennan Post; No. 380, Grand Army mittee on Claims, and ordered to be printed. . · of the Republic, at National M:ilitary Home, Kans., favoring He also laid before the Senate a communication from the assist­ passage of a service-pension bill_:to the Committee on Invalid ant clerk of the Court of Claims, transmitting a certified copy of Pensions. the findings filed by the court in the cause of Virginia A. Jones, - By Mr. SHULL: Paper to accompany bill to pension-Mary D. administratrix of Samuel J. Jones, deceased,'!.'. The United States; Haintz-to the Committee on Invalid Pensions. which, with the accompanying paper, was referred to the Com­ By Mr. SLAYDEN: Papers to accompany bill for the relief of mittee on Claims, a~d ordered to be printed._ Eliz~beth A. Ballew-to the Committee on War Claims. FRENCH SPOLIATION CLAIMS. Also, petition of citizens of Mills County, Tex., favoring in­ crease of pension for Mexican-war veterans-to the Committee on The PRESIDENT pro tempore laid before the Senate a commu­ Invalid Pensions. nication from the-assistant clerk of the Court of Claims, trans­ By Mr. SMITH of Kentucky: Papers to accompany bill H. R. mitting the conclusions of fact and of law, and the opinion of the 1795, granting a pension to Lucy B. Culver-to the Committee court, fil~d under the act of January 20,1885, in the French spoli­ -on Invalid Pensions. ation claims set out in the findings by the conrt relating to the · By Mr. SMITH _of illinois: Petition of citizens of Ava, ill., vessel brig Ma1·ia, Edward Watts, master; which, with the ac­ pro:esting against the passage of a parcels'-post bill-to the Com­ companying paper, was referred to the Committee on Claims, mittee on the Post-Office and Post-Roads. and ordered to be printed. , By Mr. WM. ALDEN SMITH: Resolutions of the Detroit He also laid before the Senate a communication from the as­ Branch of the National League of Commission Merchants, favor­ sistant clerk of"the Court of Claims, transmitting the conclusions ing increase in scope of powers of the Interstate Commerce Com­ of fact and of law and the opinion of the court filed under the act . · mission-to the Committee on Interstate arid Foreign Commerce. of January 20, 1885, in the French spoliation claims, set out in By Mr. SNOOK: Resolutions of Daniel Miller Post. No. 78, the ":fiiidings by the court relating to the vessel brigantine Speed­ Department of Ohio, Grand Army of the Republic, in favor of a well, James Crawford, master; which, with the accompanying paper, was refe1Ted to the Committee on Claims, and ordered to service-pension law; also, paper to accompany bill granting a be printed. · pension to Susan R. Estell; also, paper to accompany bill grant­ ACCEPTANCE OF ROYAL DECORATION. ing a pension to Sarah Kyle~to the Committee on Invalid Pen­ sions. The PRESIDENT pro tempore laid before the Senate a com­ By Mr. SPALDING: Petition of citizens of Mayville, N. Dak., munication from the Secretary of State, requesting authority for protesting against passage of a parcels-post bill-to the Com­ Capt. (now Rear-Admiral) D. H. McCalla, of the United States mitte&on the Post-Office and Post-Roads. Navy, to accept a decoration conferred upon him by the King of