1682 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23,

County, Mississippi, asking reference of war claim of Jordan Chavis to By Mr. PAYNE: Petition of E. T. Pinner and others, for increased the Court of Claims-to the Committee on War Claims. pay to soldiers of the late war-to the Committee on War Claims. By Mr. DUNN: Petition of Elizabeth A. Collier, for relief-to the By Mr. RICHARDSON: Petition of W. K. Ransom, of Bedford same committee. County, Tennessee, for relief-to the same committee. Also, papers relating to the claim of Hattie Lanier, administratrix of Also, petition of George W. Davidson, of Tullahoma, Tenn., for re~ Samuel B. Lanier, of Mississippi County, Arkansas-to the same com­ lief and readjustment of salary as postmaster-to the Com.mjttee on the mittee. Post-Office and Post-Roads. By Mr. FELTON: Petition signed by over 3, 000 citizens of the Anti­ By Mr. RIGGS: Petition of D. C.l\!civer and 130 others, ex-soldiers Coolie Chinese League of the fifth Congressional district of California, and citizens of Roodhouse and vicinity, Greene County, Illinois, asking in favor of the tennination of the Burlingame treaty-to the Commit­ a pension for all who served in the Union Army-to the Committee on tee on Foreign Affairs. Invalid Pensions. By Mr. FORAN: Memorial of the Cleveland Board of Trade, praying Also, resolutions passed by a meeting of citizens of Milton, IlL, rela­ for speedy completion of the Government improvements on Saint Mary's tive to silver coinage-to the Committee on Coinage, Weights, and Meas­ River and canal-to the Committee on Rivers and Harbors. ures. Also, petition of local assembly, Knights of Labor, Cleveland, Ohio, By Mr. ROMEIS: Petition of James Normanton and 50 others, mem­ praying for a Territorial government for the Indian Territory-to the bers of the Knights of Labor Assembly No. 2591, Toledo, asking for an Committee on the Territories. increase of wages of the printers in theGovernmentPrinting Office, anu Also, resolutions of Local Assembly No. 2013, Knights of Labor, the passage of the Foran bill-to the Committee on Labor. Cleveland, Ohio, protesting against the passage of the Dingley pilotage Also, petition of Labor Assembly No. 2277, of Toledo, Ohio, praying bill, so called-to the Committee on Commerce. for the passage of the Foran bill to increase the wages of employes in By Mr. FORD: Petition of Warring Wilkinson, of Colorado, and C. the Public Printing Office-to the same committee. E. Moor, of Oregon, for the incorporation of the American College for By 1\Ir. SMALLS: Petition of J. Harleston Redd, of Georgetown the Blind-to the Committee on the District of Columbia. County, South Carolina, praying that the war claim of Esther Jane By 1\Ir. GROUT: Petition ofT. J. Kenary, asking increase of pen­ Redd, deceased, be referred to the Court of Claims-to the Committee sion for loss of arm at shoulder-joint-to the Committee on Invalid on War Claims. Pensions. By 1\Ir. E. B. TAYI.10R: Petition of citizens of Olin, Ohio, praying By 1\Ir. HARRIS: Petition of John H. Parks, ofl\Iuscogee County, for an appropriation for Ashtabula Harbor-to the Committee on Rivers Georgia, praying that war claim of Mary E. Hardaway, deceased, be and Harbors. referred to the Court of Claims-to the Committee on War Claims. By M:r. WADE: Petition of John C. Bailey, for relief on pension cer­ Also, petition of citizens of Talbot County, Georgia., asking for aid tificate No. 254008, for the difference between $4 per month from Au­ for common schools-to the Committee on Education. • gust 20, 1865, to April 3, 1883, and to per month-to the Committee By Mr. HAYNES: Petition from Manchester, N.H., concerning the on Invalid Pensions. abolition of the Presidency-to the Committee on the Judiciary. Byl\Ir. WAKEFIELD: Resolutionofthe Saint Paul Jobbers' Union By 1\Ir. D. B. HENDERSON: Petition of the board of trustees of of Minnesota favoring bill of Hon. D. R. J AJ~IES to remove all restric­ the National Homeopathic Hospital, asking aid from Congress to com­ tions upon commerce between States, &c.-to the Committee on Com­ plete their hospital building, and for other purposes-to the Committee merce. on Appropriations. By 1\Ir. WILSON: Petition of B. W. Herbert, of Jefferson County; By :Mr. IRION: Petition of Jesse W. Pollitt, administrator to the of Benona Eckels, of William J. Grantham, of Richard Timberlake, succession of Whitty M. and Amanda Sasser, of Rapides Parish, Louis­ of Samuel Ruckle, of Jefferson County; of Harrison J. Seibert, of James ana, for stores and supplies stated at $100,498. 78-to the Committee on W. Vanmeter, of John G. Couchman, of Robert Leman, and of John War Claims. D. Cushwa, of Berkeley County, and of Samuel B. l\IcN emar, for Joseph By 1\Ir. JACKSON: Petition of 210 soldiers and citizens of the l\IcNemar, deceased, of Grant County, West Virginia, asking reference twenty-fourth Congressional district of Pennsylvania, asking the pas­ of tbeir several claims to the Court of Claims-to the Committee on sage of a pension bill as recommended by the pension committee of the War Claims. Grand Army of the Republic-to the Committee an Invalid Pensions. By 1\Ir. WISE: Petition of Alfred R. Buffin, of Hemico County, Vir­ By 1\Ir. F. A. JOHNSON: Petition of citizens of Franklin County, ginia, praying reference of his war claim to the Court; of Claims-to the New York, for protection against fraud in the matter of royalty on same committee. patented machinery in general use-to the Committee on Patents. By 1\fr. J. H. JONES: Petition of E. J. Fry and 76 others, citizens of The following petitions, praying Congress to place the coinage of silver Harrison County, Texas, asking a continuance of appropriation for upon an equality with gold; that there be issued coin certificates of one, deepening the channel at Sabine Pass, Texas.-to the Committee on two, and five dollars, the same being made a legal tender; that one and Rivers and Harbors. two dollar legal-tender notes be issued, and that the public debt be paid Also, petition of W. T. S. Keller, judge of court of H::m;ison County, as rapidly as po ible by applying for this purpose the idle surplus now Texas, and 19 others, in opposition to the concentration of all Govern­ in the Treasury, were presented and severally referred to tha Committee ment aid for rivers and harbors of Texas on the harbor of Galveston, on Coinage, Weight'3, and :Measures: Tex.-to the same committee. By Mr. LA.t.~HAl\I: Of citizens of El Paso, Tex. Also, petition of J. T. Hamm and 61 others, citizens of VanZandt By !lr. WADE: Of R. A. Ste,ens and others, of 1\fissouri. County, Texas, asking for adequate appropriation to secure deep water at Galveston, Tex.-to the same committee. By Mr. KLEINER: Paper relating to the claim of E. B. Bear-to the Committee on Indian Affairs. By Mr. LANHAM: Petition of citizens of Weatherford, Tex., re­ SENATE. ferring to deep water at Galveston, Tex.-to the Committee on Rivers TuESDAY, Febnw1·y 23, 18SG. and Harbors. By Mr. LORE: Petition of B. L. Lewis and 37 others, citizens of Prayer by the Chaplain, Rev. E. D. HUNTI,EY, D. D. Delaware, for the completion of Government pier at Lewes, Del.-to The Journal of the proceeding3 of Friday last was read and approved. the same committee. HOUSE BILL REFERRED. By M:r. LOWRY: Petition of citizens of Steuben County, Indiana, asking additional pension legislation-to the Committee on Invalid The joint resolution (H. Res. 125) in recognition of the services of Pensions. Joseph Francis was read twice by its ti tie, and referred to the Commit­ By 1\fr. MATSON: Petition of Oliver S. Mulford and 73 others, cit­ tee on Commerce. izens of Dellsborough; of A. Owens and 463 others, citizens of Johnson PETITIONS AI-.T]) :r.IEMORIALS. County; of A. McNaught and 23 others, citizens of Owen County, and The PRESIDENT pro tempore presented a petition of Post No. 456, of Albert Patrick and 138 others, citizens of Owen County, Indiana, Department of Ohio, Grand Army of the Republic, praying for certain asking for certain pension legislation-to the same committee. amendments to the pension laws; which was referred to the Committee By 1\Ir. l!mLLER: Petition of George Stamp, Patrick Moore, and on Pensions. others, for payment of claims for difference of pay under the eight­ He also presented a petition of 63 citizens of Pawnee County, Kan­ hour law, on behalf of the Eight-Hour League-to the Committee on sas, praying for the passage of a bill granting pension!:! to soldiers and Claims. sailors of the war of the rebellion und to their widows and orphans; By Mr. 1\IURPHY: Papers relating to the claim of R. H. Shrop­ which was referred to the Committee on Pensions. shire-to the Committee on War Claims. He also presented a memorial of the Kickapoo tribe of Indians, re­ By 1\fr. CHARLES O'NEILL: Resolution of the Homeopathic 1\Ied­ siding on their reservation in Brown County, Kansas, remonstrating ical Society of Philadelphia County, urging an appropriation for the against the passage of the bill to sell the Kick.apoo reservation and to National Board of Health-to the Committee on Appropriations. remove the members of the tribe into the Indian Territory south of By 1\fr. OWEN: Petition of George H. Harper and others, for addi­ Kansas; which was referred to the Committee on Indian Affairs. tiona.l pevsion legislation-to the Committee on Invalid Pensions. He also presented a petition of citizens of Shawnee, Perry County, 1886. CONGRESSIONAL RECORD-SENATE. 1683

Ohio; a. petition of Local Assembly No. 2482, Knights of Labor, of Van Dlinois in its official report for the year 1882 declares as an indisputable de­ duction from carefully compiled statistics that the average earnings of the Wert, Ohio; and a petition of Local Assembly No. 2093, Knights of heads of families for the entire list of occupations is less than the general aver­ Labor, praying for the opening to settlement of lands in the Indian age of the cost of livin~-a. condition of hopeless destitution a.nd relentless pov­ Territory; which were referred to the Committee on Indian Affairs. erty that demands the unmediate attention of the National Government: There­ fore, He also presented a. petition of Akron (Ohio) Trades and Labor As­ Be it resolved by the laboring men of America in the lodges of the Knights of Labor sembly, praying for the passage of House bill1914, relative to the res­ assembled That we who labor in fair weather and in foul and contribute daily toration of wages paid to employes in the Gi>vernment Printing Office; ,and wi~gly to the wealth of others a.nd ?f the world 9:re a.t least entitled. to an opportunity of securing food for our children, the ordmary comforts of life, which was referred to the Committee on Printing. and a. fair exvectation of shelter a.nd repose for our declining years. He also presented a. memorial of Akron (Ohio) Trades and Labor As­ Resolved, That in time of depression the General Governme~t should make ~b­ sembly, remonstrating against the passage of bills relating to pilots, eral appropriations of the surplus revenue for the construct10n of works of m­ temal improvemel'l.t and of national importa.nce,and redistribute among the peo­ &c.; which was referred to the Committee on Commerce. ple in the form of wages funds hoarded in the vaults of the Treasury that have He also presented a petition of citizens of Ash Flat, Sharp County, been taken from the people by taxation on what they eat and on what they wear. Arkansas, praying for the passage of the educational bill; which was Resolved, That we heartily indorse the plan for the conl!truction of the ~enne­ pin Canal by the ~neral Government as an undertakmg of national tmpor­ ordered to lie on the table. tance and necessity, an improveii_lent that will not .only b~nefit thousands of :Mr. COKE. I present a. petition of a large number of citizens of needy men pending the constructwn, but one that will furnlBh employment for Callahan County, Texas, praying that abundant appropriations be made nJl time to come to thousands engaged in a va.'5t system of internal water traffic between New Orleans, Saint Paul, and N~w York; t~at ~l present an insur­ to insure in as short a time as possible deep water across the bar at Gal­ mountable check to the greed of monopolies; that will gtve cheaper bread to veston, and for other purposes. I move that the petition be referred the East and cheaper goods to t~e -w:est; that will st_imulate commerce, indllS­ to the Committee on Commerce. try and agriculture everywhere m thiS great Repubhc. Resolved, That our Repres~ntatives in Congress a!"e here~y u:ged to consider The motion was agreed to. · this a.nd like projects, 9Uestions,of paramount and ~medtate lmportance, and Mr. COKE. IaJsopresentapetitionfromcitizensofEastlandCounty, to act in a~rda.nce wtth the spmt of these resolutions. Texas, and a petition of citizens of Falls County, Texas, of the same pur­ We hereby certify that the foregoing is a. correct copy of resolutions adopted by the L. A. No. 4900 of the Knights of Labor of the county of Macon, and tate port. I move that the petitions be referred to the Committee on Com­ of Illinois. merce. D. W. CRAIG, M. W. The motion was agreed to. [L. s.] W. A. T. NOLAND, R. B. Mr. SABIN presented a. petition from the Baptist church and the Mr. CULLOM presented a petition of Local Assembly No. 3419 of church of the Disciples, of Concord, Dodge County, :Minnesota, and the Knights of Labor) of Havana., ill., and a petition of Local Assembly 262 representative citizens of the first district of Minnesota, praying No. 2435 of the Knights of Labor, of Decatur, ill., praying for the con­ for physiological temperance instruction in the schools under the con­ struction of the Hennepin Canal; which were referred to the Committee trol of the Federal Government; which was ordered to lie on the table. on Commerce . .Mr. DOLPH. I present a. petition of the Legislative Assembly of the He also presented the petition of Mrs. E. T. Lippincott and 41 other Territory of Washington, praying for the admission of that Territory residents of Orion Henry County, illinois, praying for the submission to the Union of States. As it is brief, I ask that it be read. of a constitution;! amendment extending the right of suffrage to wo­ The petition was read, and ordered to lie on the table, as follows: men; which was ordered to lie on the table. To the honorable Senate and Hatt,Se of Representatit7es in Congress assembled: He also presented a memorial of residents of the Creur d'Alene min­ Your memorialists, the Legislative Assembly of the Territory of Washington, ing region, in Idaho Territory, remonstrating against the annexation of respectfully represent that Washington Territ-ory has a. population of 175,000, capable and desirous of governing themselves; that the wealth and natural re­ the northern part of Idaho to Washington Territory, and praying that sources of the Territory a.re sufficient to maintain a. grand and prosperous State: that portion of Idaho may be annexed to Montana Territory; which Therefore, your memorialists do respectfully urge your honorable body to admit was referred to the Committee on Territories. the Territory of Washington to the Union of States a.t the earliest possible date. Passed the house of representatives February 3, 1886. He also pr~ented apetitionofKnightsofLaborofPeru, ill.; a peti­ R. 0. DUNBAR, Speaker of the House. tion of Local Assembly No. 2913, Knights of Labor, of Alton, lll., Passed the council February 3, 1886. and a. petition of Golden Rnle Assembly No. 1959, Knights of Labor, B. B. DAY, President of the Cou11.c-U. Approved February 4, 1886. of Quincy, Ill., praying for the restoration of wages in the Government WATSON 0. SQUIRE, Governor. Printing Office to the price formerly paid; which were referred to the Committee on Printing. Mr. DOLPH presented a petition of the common council of the city He also presented a petition of Local Assembly of Knights of Labor of Portland, Oreg., praying for the passage of the bill (S. 1111) to set No. 2252, of Bloomington, ill.; a petition of Knox Local ~embly of apart from the public domain, in the State of Oregon, as a public park, Knights of Labor No. 2719, of Galesburg, TIL, and a. petitiOn of Lo­ for the benefit of the peopl~ of the United States, townships 27, 28, 29, cal Assembly of Knights of Labor No. 3739, of Geneseo, lll., praying 30. and 31, in ranges 5 and 6 east of Willamette meridian, in the State for the opening to settlement of the public lands in the Indian Terri­ of Oregon; which was referred to the Committee on Public Lands. tory and the organization of a Territorial form of government therein; Mr. FRYE presented a petition of the Pine Tree Assembly, Knights which were referred to the Committe on Indian Affairs. of Labor, of Lewiston, 1\Ie., praying for a restoration of the wages of Mr. CULLOM. I present a communication from the Young Repub­ employes at the Government Printing Office to the price paid them lican Club of Lake, in the county of Cook, illinois, calling attention prior to March 4, 1877; which was referred to the Committee on Print­ to the dangers to this Government of allowing the acquisition of large ing. tracts of land in this country by non-resident aliens, and insisting that Mr. EDl'tfUNDS. Ipresentthepetitionofl\Irs. C. W. Wyman, pres­ lands in the United States should be held for American settlers. This ident of the Vermont Woman Suffrage Association, and sundry other I think is a very well prepared paper, and as it is brief I ask that it ladies, presidents of local associations, &c., praying for the passage of a. be inserted in the RECORD. joint resolution at this session submitting to the several St.ate Legisla­ The paper was referred to the Committee on Public Lands, and or­ tures a. proposition to so amend the national Constitution as to protect dered to be printed in the RECORD, as follows: women in all the States and Territories in the enjoyment ofthe right of IIEADQ.UARTERS oF THE YoUNG REPl:;BLICAN CLUB oF LAKE, suffrage on equal terms with men. I move that the petition lie on the February 16, 1886. table. Sm: The rapid absorption oftliepublicdomain of the UrtitedSta.tes by thea.c­ The motion was agreed to. qnisi lion and occupation of a large portion of it by non-resident aliens furnishes :Mr. EDMUNDS presented the petition of John Randolph Hamilton, occasion for much anxiety to the people. A few years ago the citizen settler ha.d little difficulty in acquiring fertile and of Asheville, N.C., praying for the removal of his political disabilities; desirable lands for actual settlement, and there were homes for multitudes be­ which was referred io the Committee on the Judiciary. sides. Within a. recent period the conditions have changed. Large quantities He alsopresented a petition of Col. LeGrand B. Cannon, president of of the public lands have been acquired by non-resident aliens as individuals or in syndicates, a.nd nearly all of what remains for American settlers is either the Lake Champlain Transportc1>tion Company, and sundry other citi­ arid or difficult of access. This condition of affairs seems to require a. remedy. zens of Vermont and New York, praying for the establishment of a. The remainder of the public lands should be preserved from the encroachment breakwater at Gordon Landing, on the west shore of Grand Isle, in Lake of aliens whose birth and education create and foster sentiments inimical to the country from which they are attempting to derive wealth to maintain an aristo­ Champlain, near Plattsburg; which was referred to the Committee on cratic splendor in their own countries. It may happen that the nation which Commerce. failed to conquer ns with its arms may yet prevail with its treasure. Mr. CULLOM presented a petition of Local Assembly of Knights of The history of our own and of all countries, which have been conspicuous for the grandeur of their national life, has shown most emphatically that the public Labor No. 4!>00, of Maroa, ill., praying for the construction of the Hen­ domain whose title is vested in and held by the Government as the visible or­ nepin Canal; which was referred to the Committee on Commerce, and ganiz&tion of tbe nation, is the God-given property of the people. It can not, ordered to be printed in the RECORD, as follows: then, be alienated either by lo s or misappropriation, whether by the sword or the money of aliens, except at imminent peril to the peace and, eventually, to the To the honorable the &nate and House of Representatives of the United Slates: unity and life of the nation. Our land in its entirety on which the nation has Whereas the problem of alleviating the distress everywhere prevalent among lived, fought, and bled is a. sacred heritage, and is to be, we trust, transmitted in the laboring classes of the civilized world is universally considered the most its integrity to posterity with the same unfailing care with which we hand down important que tion of the hour-a. problem that has demanded and received the records of the glories of the fathers of the Republic. A glorious deed and the immediate attention of the leading governments of Europe; and the field upon which it was achieved should alike be the cherished possession ~ereas, owing to the di placement of labor by the invention of labor-saving of its people. machinery and to laws which foster monopoly and divide society into two hos­ The public lands have not been regarded as a source of revenue to the Govern­ tile classes, namely, the real rich and the real poor, tile condition of the laboring ment. Hence, the policy of regarding the pu blio domain a.s a. trust, to be held by people of this Republic is in many r c pects worse than in the countries of the central power for the benefit of actual settlers, who by ma.k:ing homes on Europe-so deplorable in fact that the bw-eau of lnbor statistics of the State of these lands would eyentually develop deserted tracts into populous a.nd fertile /

1684 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23,

States, is, we think an enlightened policy, which accords with the instinc~s of na­ which has become an outrage, because really they have no tribunal that tional life and tends to avert from the people of our country that economic bond­ age in which the masses of other countries seem to be hopelessly involved. 'Ve they can reach and by which they can be effectively heard. They have can not think that the land which, if properly disposed of, would be peopled by no legislative power anywhere except when Congress can pause long a hardy and .klborif'US race who in pea.ce would be producers or consumers and enough to consider their wants and wishes. There is no government in war defenders of the State, is put t-o good purpose when controlled by aliens, who .suffer it to remain untilled or use it merely as a ranging-ground for cattle. provided for this people, there is no right of suffrage to this people in The evil oflarge land-holding is unquestionably great, when the land-bolder is regard to the lowest offices which may affect them. They are stripped R n American; but to w bat extent is it i ntensilled w ben the proprietor is an alien. far more even than the Mormons are, upon whom Congress seeks to imbued with many of the barbarous ideas of feudal polity? At its last regular meeting the Young Republicans of Lake discussed the ques­ visit its displeasure from time to time, and I do trust that this appeal tion: "Resolved, That the holding of lands by aliens is detrimental to the best will now be heard. interest and welfare of the people of the United States; " and it was decided Two distinguished Senators stated theothernightatameetingofnews­ unanimously in the affirmative. The undersigned were directed to communicate this to you. We nre informed boys that all the citizens of Washington had to do was to stretch forth that there nre measures pending in Congress designed to redress these evils as their hands and appeal to Congress and Congress would rnsh in and do far as may be done by that body, having regard for vested rights and reciprocal all they asked. Tho!';e statements were made in good faith, bnt they treaty obligations. We ask your earnest consideration of these measures and, if possible, your support. As constituents, and on beh:alf of the You?~ Repub­ mus~ have been rather startling when placed side by side with the ex· lican Club of Lake, we respectfully request an expressiOn of your opm10n. perience of the citizens of this District. They have very much more t<> Resp~ctfully submitted. do than only to appeal or mildly stretch forth their hands and ask, be­ HENRYR. NEELY, EDWARD MAHER, cause on very many matters I think every Senator will know, if his ex­ FRANK D. THO~IASON, perience in the Senate does not go back too far, that they have petitioned Committee representing Young Republican Cl'lllJ of Lake. year after year and year after year for the same subject-matter, and they To Hon. SHELBY l\1. CGLLO.ll, Senare. have been thrust aside without any heed apparently being paid to them. Mr. SA. WYER presented a petition of the Milwaukee Local .Assem­ I trust now that this request for the health of that section of the bly of Knights of Labor No. 3927, of Milwaukee, Wis., praying for city will be listened to by Congress. I move that the petition be re­ the increase of the wages of printers in the Government Printing Office ferred to the Committee on the District of Columbia. to the rate at which they were paid prior to the passage of the act of The motion was agreed to. Congress of February 16, 1877; which was referred to the Committee l\Ir. McMILLAN presented a memorial of the Legislative Assembly em Printing. . of Washington Territory; which was referred to the Committee on He also presented the petition of Martha A. Clark and 29 other Commerce, and ordered to be printed in the RECORD, as follows: ladies of Rosendale, Wis., praying for the adoption of~ sixteenth amend­ ment to the Constitution of the United States, prohibiting the disfran­ Memorial asking for light-house and fog-bell and buoys in San .Juan Archipelago. chisement of any citizen on the ground of sex; which was ordered to To tl~,e honorable the United States Ligh!-House Board: Your petitioners, the Legislative Assembly oftheTerritoryofWashington in lie on the table. session assembled, would most respectfully represent that the commerce of the Mr. CAMERON presented a petition of the Philadelphia (Pa.) Board district of Puget Sound is rapidly increasing; that the islands in the San .Juan of Trade, praying for the passnge of the interstate-commerce bill and Archipelago in said district are being thickly settled; that commerce of increas­ ing importance is carried on between said group of islands and points on the suggesting certain amendments thereto; which was referred to the main land in said district of Puget Sound; that the channels between and about Select Committee on Interstate Commerce. said islands are rock-bound and dangerous to navigation; that the United States He also presented a petition of the League Island Mutual Protective mails are now carried through said channels by steam twice a week and return ; that bids are now being advertised for carrying maiL~ over said route and Association of Philadelphia, Pa., praying for the enforcement of the through said channels six times per week and return; that the safety t-o com­ eight-hour law; which W:.\8 referred to the Committee on Education and merce and of the mails demands that a light, with a fog-bell, be erected at the Labor. entrn.nce from the south of the San Juan passage in said group. Also that a bell­ buoy be placed on Pacific Rock, in San Juan Harbor; one on Turn Rock, near Fri­ He also presented apetition of the local assembly of Knights of Labor day Harbor, and one on Cypress Reef. Also that buoys at Lopez and Semiahmoo of Locust Dale, Pa., praying that an increase of wages be granted em­ Harbors would greatly promote the interest of commerce and would add much ployes of the Government Printing Office; which was referred to the to the safety of navigation on said route. Your petitioners, therefore, would most t·espectfully and earnestly urge upon your honorable body the necessity of said Committee on Education and Labor. light, fog-bell, and buoys, and request that they be placed in position at ns early Mr. HARRISON presented a petition of Local Assembly No. 3500, a day as possible. And your petitioners will ever pray. Knights of Labor, of South Bend, Ind., praying Congress to organize a Passed the house of representatives January 23, 1886. R. 0. DUNBAR, Spea,/re1· of the House. Territorial form of government for the Indian Territory and to open the Passed the council January 25, 1886. unoccupied lands to settlement; which was referred to the Committee B. B. DAY, President of the Council. on Indian Affairs. Approved .January 29, 1886. WATSON C. SQUIRE, Governor. He also presented a petition ofthe Kokomo monthly meeting ofFriends, House memorial No. 10, asking for light-house and fog-bell and buoys in S:1.n Howard County, Indiana, and pastors of the different churches n.t that .Juan Archipelago, filed January 29, l886. pln.ce, praying Congress to pass the bill (S. 355) to promote peace among N. H. OWINGS, Sccnlary. nations, for the creation of a tribunal for international ru:bitration, and Mr. WILSON, of Iowa, presented a petition of citizens of Winterset, for other purposes; which was referred to the Committee on Foreign Re­ Iowa, in favor of so amending the Constitution of the United States as lations. to protect the women of all the States and Territories in the enjoyment Mr.l\IAXEYpresentedapetitionofcitizensof Texarkana, Tex., pray­ of the right of suffrage on equal terms with men; which was ordered ing for the establishment of a Federal court at that place; which was re­ to lie on the table. ferred to the Committee on the Judiciary. He also presented a petition of members of the West Union monthly l\Ir. VAN WYCK. I present a petition numerously signed by citi­ meeting of Friends, of Indiana, praying for the passage of Senate bill zrns of the District of Columbia residing on square 725. 353 to promote peace among nations, for the creation of a tribunal for I take occasion on presenting their petition to allude to ihe fact that international arbitration, and for other purposes; which was referred to the citizens of Washington are almost remediless in regard to the griev­ the Committee on Foreign Relations. ances which they may suffer from time to time in this city. This peti­ He also presented a memorial of the Bluff City Typographica,l Union, tion shows that as far back as 1878, to accommodate certain contractors, No. 203, of Council Bluffs! Iowa, remonstrating against the passage of they were allowed to sink an alley from 10 to 12 feet below the surface an international copyright bill; which was referred to the Committee of the adjoining lots, and that has kept a pool of refuse matter and water, on Patents. making it dangerous to the lives of those in the neighborhood. It has Mr. PLIDIB. I present sundry petitions of citizens of Kansas, in­ been reported by the board of health as dangerous to the lives of the cluding two organizations of Knights of Labor, in favor of the open­ citizens residing in that portion of the city; and deaths have resulted ing of Oklahoma, in the Indian Territory, to settlement. I move that from typhoid fever which the board of health say was a result from the petitions be referred to the Committee on Tndian Affairs. the alley being suffered to remain in this position. The petitioners The motion was agreed to. ha>e appealed from time to time to the District commissioners. They Mr. PLillffi also.presented a petition of citizens of Eudora, K ans., say: praying for the passage of a law to carry out the recommendations of That as early as 1878 your petitioners requested the District commissioners to the national pension committee of the Grand .A.rmy of the Republic; abate the nuisance; that in 1880 and 1881 the health officer officially condemned said alley as a nuisance injurious to the public health; that after a personal ex­ which was referred to the Committee on Pensions. amination byCommisiouer M01·gan the commissioners promised to .fix the alley, l\Ir. INGA.LLS. I present a petition praying for an increase of pen­ but Major Twining dying soon after, nothing was done. sion to those ex-Union soldiers who have lost a leg or an arm, and the Your petitioners further show that during the past year the commissioners have permitted the erection of twenty negro tenement-bouses without any sewer petition is signed by 116 who have been thus disabled. I move that or means of drainage, and that all the slops and filth from the two or three hun­ the petition be referred to the Committee on Pensions. dred negroes and Italians, added to that from those already there, runs into said The motion was agreed to. · stagnant pool, so that during the past summer the stench was terrible; that it was again condemned by the health officer, and that subsequent ly it became so l\Ir. INGALLS. I presentapetition,verynumerouslysigncd by citi­ bad that he made a specinl report to the commissioners and iosisted that it zens of the State of KansasJ praying for general financial legislation, should be abated without delay, but that nothing has been done about it to this including the equality of the coinage of silver with that of gold, and da-t~ur petitioners have reason to fear still more serious results from this cause other subjects. I move that the petition be referred to the Committee on during the ensuing season, and more especially so if, as alleged by medical men, Finance. the cholera shall visit us. The motion was agreed to. For this long time these people h3.ve been sobjected to this nuisance l\Ir. INGALLS presented a petition of Fort Pillow Post., No. 321, 1886. CONGRESSIONAL RECORD-SENATE. 1685

Grand Army of the Republic, at Topeka, Kans., praying for certain pen­ Senator, the people here never knew before that these lands were claimed under the swamp act, nor neither did they know until very recently that the sion legislation; which was referred to the Committee on Pensions. Government lands on Pine Island were claimed under the same act. We knew He also presented a memorial of property-holders of Washington, D. by advices from the Gainesville oftice that our homesteads all over the main­ C. remonstrating against the location of a street-car railway on the line land of Manat.ee County were selected by the State under the swamp act, not even respecting the duplicate homestead papers of our people, where they only of 'L street north west; which was referred to the Committee on the Dis­ lacked a short time of having lived out their five years, but swept the country trict of Columbia. (from the maps) of all the Government land there was left on the 13th of June, He also presented a petition oflocal assembly, Knights of Labor, at 1885. Senator, one of the best men in this country told me the other day that the Wallace, Kans., and a petition of citizens of Kansas, praying for the State agent offered Mr. John Bright, of Pine Island. and others the Rum of $50 opening of Oklahoma lands, in the Indian Territory, to settlement; and $100 for their affidavits that Pine Island was swamp and overflowed. My which was referred to the Committee on Indian Affairs. home tead was selected by the State at the same time, and I have just come from Gainesville on conte t business against the , tate; and I r epresented over a Heal o pre ented a petition, signed by James Pitts and Phebe R. hundred settlers who were in the same fix. The Gainsville office promi ed me Thomas, on behalf of a meeting of ~he religious Society of Friends, the appointmenttof W. H. Simmons, at Fort Ogden, as special commissioner held at Hesper, Kans., praying for the passage of Senate bill 35:~, to to investigate our cases, but he has not received his commi sion yet. And when I was at Gainesville the land officers there said you had been raising promote peace among nations, for the establishment of a tribunal for •· bell" in Washington over the matter, and that it was a" d amned nuisance;" international arbitration, and for other purposes; which was referred that you bad the Washington folks thinking that they, the land officers at to the Committee on Foreign Relations. Gainesville, wanted our lands. Senator, you have struck the key-note a.t last, your name is in all mouths, and what we want you to do (and I peak the enti­ 1\ir. FAIR presented a petition of ladies of Reno, Nev., praying the ments of the people who sent you there and who can send you again) is to for­ adoption of a constitutional amendment granting the right of suffrage bid the approval by the Secret.ary of the Int-erior of any of the selections of to women; which was ordered to lie on the table. June 13, l&:i5. That office has a special commis!'ioner, one J W. Chjlds, who is owned and controlled by Kreamer of the Okechobee Drainage Compau_v, and Mr. ALLISON. I present a petition of citizens of Muscatine, Iowa, the Floritla Southern Railroad. He has turned over land to the State that was two petitions of citizens of Davenport, Iowa, a petition of citizens of claimed by actual settlers that had not a foot of swamp or overflowed ground. Clinton, Iowa, and one from citizens of Holyoke, 111ass., all praying for Senator, I am quite a. young man, and I have seen the poor settlers of this country who bad their homes and little farms, as they thought, safe and under the abolition of the Presidency. I move that the petitions be referred the protection of our Government, h a ve to pay the agents of S. J. \Vailes, Ham­ to the Committee on Privileges and Elections. ilton Di ston, and the various railroads and other corporations from $2.50 tQ $25 The motion was agreed to. per acre for their homes. Senator, the day of judgment is fast approaching; t.he time of wrath is now at Mr. ALLISON presented the petition of Mrs. Mary Wetherall and a band; the people in this section are raging over the wrongS they have su tained, number of citizens of Knoxville, Iowa; a petition of Mrs. Mary A. and we shall from this time on hold our Senators and Representatives respousi­ Davisson and a number of citizens of Winterset, Iowa; and a petition ble. Senator, there are numbers of people so ignorant they do not know what steps of Mrs. Mary J. Coggeshall, in favor of woman suffrage; which were to take to save their homes, and they are being patented to the State, as the ordered to lie on the table. Department of Interior ays, "because no confl.icting reports are had in that Mr. VOORHEES presented a petition of members of the Society of office. Senator Wilkinson Call, we demand of you to make a conflicting report in re­ Friends of Kokomo, Howard County, Indiana, praying for the passage gard t.othe whole of the selections of June 1~1885. of Senate bill 355, providing for a tribunal of international arbitration Respectfully, in order to promote peace among the nations of the earth; which was J. K. LILES. referred to the Committee on Foreign Relations. I move that the petition be referred to the Committee on Public Mr. COCKRELL. I present a petition of sundry citizens of A villa, Lands. in Jasper County, Missouri, praying Congress that the coinage of silver The motion was agreed to. be placed on an equality with the coinage of gold; that the coin cer­ MESSAGE FROM THE HOUSE. tificate system be continued, and so modifieQ. as to authorize their issue in denominations of one, two, and five dollars and upward; and that A message from the House of Representatives, by Mr. CLARK, its Clerk, announced that the Honse had passed the following bills; in which it the same be made lawful money and legal tender in paymentofalldebts, requested the concurrence of the Senate: public and private, hereafter contracted within the nited States; and demanding the reissue of the one and two dollar legal-tender notes, and A bill (H. R. 68) for the relief of William P. C~ambliss; A bill (H. R. 290) for the relief of L. S. Ensel; that their volume be regulated so as to meet the public needs; and that A bill (H. R. 822) for the relief of William H. Wheeler; the public debt be liquidated as rapidly as the revenuesoftheGovern­ R. ment will permit, to the end that no useless, unnecessary, or idle sur­ A bill (H. 832) for the relief of D. E. Downing; plus may remain hoarded in the Treasury. I move that the petition be A bill (H. R. 897) for the relief of the heirs at law of Andrew F. Mc- referred to the Committee on Finance. Millin, deceased; The motion was agreed to. A bill (H. R. 899) for the relief of A. S. Bloom; Mr. COCKRELL. I present a petition of citizens of Iowa and other A bill {H. R. 2428) for the relief of V. F. Gorrisen; States, representing that there is in N ortbwestern Iowa a tract of land A bill (H. R. 4411) for the relief of A. Gates Lee; and called the" Unearned Sioux City and Saint Paul Railroad land grant," A bill (H. R. 4412) for the relief of John A. Coan. comprising 85,457 acres of land, the greater portion of which lies in The message also announced that the House had passed the follow­ O'Brien County, and which lands were, some years since, declared by ing bills: Commissioner McFarland and Secretary Teller to be public lands. A bill (S. 296) for the relief of the legal representatives of .John Hat­ Citizens from nearly every county in Iowa, and also from other States, field, deceased; and settled upon the lands, believing the statements of those officials, and A bill (S. 193) for the relief of John Hollins McBlair. there remained for years, investing all their means in improving their REPORTS OF COMMITTEES. homes. They earnestly request Congress to protect the hundreds of Mr. COCKRELL. I am directed hy the Committee on Military M­ settlers now on those lands by an act of absolute forfeiture. As the fairs, to which was referred the bill (S. 1471) to remove the charge of bill has been reported, I move that the petition lie on the table. desertion from the rolls and records in the office of the Adjutant-Gen­ The motion was agreed to. eral of the Army against certain soldiers, to report the bill to the Sen­ MI. RANSOM presented a memorial of citizens of North Carolina, ate favorably and recommend its passage; and I give notice that at an remonstrating against the passage of any bill preventing the catching early day I shall call the bill up and ask action upon it. of menhaden; which was referred to the Committee on Fisheries. The PRESIDENT pro tempore. The bill will be placed on the Cal­ Mr. CALL. I have had a communication sent to me, being in the endar. nature of a petition to the Senate, signed by J. K. Liles, of Fort Ogden, Mr. COCKRELL. There was referred to the Committee on Military Fla., in reference to a resolution which was submitted by me in De­ Affairs the bill (S. 625) for the relief of Louis Garon, jr., from the cember last, and referred to the Committee on Public Lands. The pe­ charge of desertion. I call the attention of the Senator from Vermont tition states that the people of Manatee County, Florida, have been de­ [Mr. MORRILL] who introduced the bill. The committee instruct me prived of their homesteads throughout the entire extent of the county to report the bill back adversely, recommending that it be indefinitely by selections made, under the authority of the United States, of swamp postponed and that the claim intended to be presented therein be not and overflowed lands. It also states that these selections have been allowed. The general Jaw passed on the 5th of July, 1884, affordsam­ made in some cases by agents of the United States through corrupt mo­ ple remedy for this kind of a C.'lSe. tives and under the influence of bribes offered to them, and it prays such The PRESIDENT pro tempore. Does the Senator from 111issonri ask action on the part of Congress as may protect the settlers in their home­ that the bill be placed on the Calendar? steads. This petition also states that in many cases where settlers had Mr. COCKRELL. No; I ask that it be indefinitely postponed. lived out the term required by the homestead laws with the exception The PRESIDENT pro tempore. The bill will be postponed indefi­ of a few months they have been deprived of those homesteads after nitely if there be no objection. labor put upon them by selections unlawfully made ofland which was :Mr. COCKHELL. The Committee on Military Affairs, to which was not swamp and overflowed, and in violation of the swamp and over­ referred the bill (S. 271) to remove the charge of desertion from the flowed land grant. military record of John H. Mitchell, a bill introduced by the Senator FORT OGDEN. FLORIDA, February 12, 1886. from Kansas [Ur. INGALLS], have instructed me to report adversely, Sm: I run in receipt of a letter from S. M. Stockslager, assistant land coiDIILis­ recommending that the bill be indefinitely postponed. The Secretary sioner, and be says: "In reply to yours making inquiry in regard to certain la.ndR claimed under the swamp grant in township 45 south, range 20 east, a.nd of \Var sent the original papers to your committee and they examined town.shlp 44 south, range 20 east, Florida.," &c. them, and all the letters there were letters from the claimant himself 1686 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23,

and two from his brother, showing no sufficient ground for the relief with copies o~ all of!icial correspond~nce of the Interior Department with the Northern P~o Railroad Company, Its officers and agents, concerning the pay­ sought. I move that the bill be indefinitely postponed. ment J;lY said company of the cost of selecting, surveying, and conveying, or The motion was agreed to. paten~mg of)ands granted to said. company by act of Congress to aid in thecon­ 1\Ir. CAMERON, from the Committee on Military Affairs to whom struchon of_1ts ro.ad, together w;ith a statement of the approximate amount of was referred the bill (S. 1006) for the relief of James W. Schaumburg, lands~whlchsaidcompanyclaunstoha.vebecomeentiUedbyreasonofthecon­ structio~ a~d appr<;>v~l of sect!ons of its road, the amount of lands heret-ofore sur­ asked to be discharged from its further; consideration, and that it be vered wttJ?n the hm1~ of satd grant, the number of acres of land in place and referred to the Committee on Claims; which was a!!l'eed to. of mdemmty la~ds wh1ch have been selected by the company and for whlch lists have been filed m the local land office and transmitted to the General Land Office He also, from the same committee, to whom was r~ferred the petition for approval, the date when each list was received at the General Land Office of the heirs of John H. Shorter, asking pay for his services as lieutenant and the number of acres ~ntained in each J.ist., the number oflista approved by oftheFifty-fifth Regiment Massaclmsetts Volunteer Infantry from March the Secretary <;>f the Intenor, and the date of such approval, the number of acres 24, 1864, July 1, 1865, submitted an adverse report thereon which pat~nted to sa1dcompa.ny and the dates ofsnch patents the number of acres for to which ~he cost ofsurveyin~has beeJ?. P.aid bysatdcomp~ny, the number of acres was agreed to; and the committee were discharged from the further con­ for wh1ch the cost of selecting and listmg has been paid by said company and sideration of the petition. the number of acres for which the cost of patenting has been paid by said ~m­ pany, whether or not any patents a:re ready for delivery to said company, and He also, from the same committee, towhom was referred the petition whether the company has been notified of the same and whether said company of George B. Proctor and others, praying pay for services as commis­ has at any time refused, after being notified of the ~pproval of any certified list sioned officers of the Thirth-Sixth Regiment United States COlored of selec!ed lands and of the cost of the survey thereof and of the readiness to Troops from April to September, 1864, submitted an advel'Se report issue s1ud patents, to pay the cost of said survey and patent, and if so, when? thereon, which was agreed to; and the committee were discharged from HOUSE PEYSION BILLS. the further consideration of the petition. He also, from the same committee, to whom were referred the fol­ A message from the Honse, by lli. CLABK, its Clerk, announced that lowing bills, submitted adverse reports thereon, which were agreed.to· the Honse had passed the following pension bills; in which it requested and the bills were postponed indefinitely: ' the concurrence of the Senate: A bill~S. 793) for the relief of Lewis Coon; A billlH. R. 19) for the relief of David C. Paullus; A bill S. 828 for the relief of Albert P. Cunningham; and A bill H. R. 421) granting a pension to Jesse B. Scudder· A bill S. 921~ to provide for the muster into service of Martin V. A bill H. R 441) granting a pension to Kate Amann· ' Miller as second lieutenant of Company E, Seventieth New York Vol­ A bill (H. R. 737) granting a pension toN. l'!I. Miller! unteers. A bill H. R. 746) granting a. pension to J. W. A. Be~ett· l'!Ir. VAN WYCK, from the Committee on Public Lands, to whom A b~ H. R. 1024) gran~g a pe~on to Aurelia F. Robbina; was referred the bill (S. 1319) to confirm entries of lands heretofore A bill H. R. 1083) granting a pens1on to Francis H. Kirmayer· made under the land laws of the United States, reported itwithamend­ A bill H. R. 1106) granting a pension to Mary B. Carll· ' ment8, and submitted a report thereon. A bill H. R. 1107) granting a. pension t.o Augusta M. Rfchards· R. a Ur. PLUMB, from the Conv:uittee on Publi~ Lands, to whom was A bill (H. 1184) granting pension to Stephen Gardner- ' referred the bill (S. 588) to resume to the United States certain lands A bill (H. R. 1345) granting a pension to Nathaniel H. BWcely; granted to the State of Iowa to aid in the construction of a railroad in A bill (H. R. 1367) to place the name of Thomas G. Newnam on the said State, reported adversely thereon; and the bill was postponed in­ pension-roll; definitely. A bill (H. R. 1396) to pension Martin Kirk; He also, from the same committee, to whom was referred the bill (S. A bill rn· R. 1505) granting a pension to William Dermody· . 698) to prevent the unlawful inclosure of public lands, reported ad­ A bill H. R. 1508) for the relief of Marcus A. Hamilton· ' versely thereon; and the bill was postponed indefinitely. .A bill H. R. 2021) granting a pension to Margaret A. Bl~e· He also, from the same committee, to whom wa.s referred Senate Ex­ A bill ~ R. 2070) granting a pension to William Paugh· ' ecutive Document No. 13, being a message from the President of the A bill H. R. 2549) granting a-pension to Milton R. Muzey· United States transmitting a communication from the Secretary of the A bill H. R. 3100) granting a pension to Samuel Hanson· ' Interior relative to. timber depredations upon lands reserved or pur­ A bill H. R. 3141) granting a pension to Polly Hall; ' chased for military, Indian, or other purposes, &c., asked to be dis­ A bill {H. R. 3177) for placing the name of Mrs. Ann J. Conwell on charged from its further consideration, and that it be referred to the the pension-roll; Committee on Indian Affairs; which was agreed to. A bill (H. R. 3205) grantingapension to George W. Guyse· He also, from the same committee, to whom were referred petitions of A bill (H. R. 3390) to place the name of William G. Scho~nozer on ?i~ensofWichitaandofLecompton,Kans.,prayingforlegislationopen­ the pension-roll; rng to settlement the unoccupied lands in the Indian Territory and the A bill (H. R. 3478) granting an increase of pension to Alonzo May- establishment of a Territorial government therein, asked to be discharged nard· from their further consideration, and that they be referred to the Com­ A bill (H. R. 3505) for the relief of Mary B. Smith; mittee on Indian Affairs; which was agreed to. A bill (H. R. 3516) granting a pension to Fannie Collins; .Mr. BLAIR, from the Committee on Pensions, to whom was referred A bill (H. R. 3530) granting a pension to Albert L. Allen; the bill (H. R. 1625) for the relief of Frances McNeil Potter reported A bill (H. R. 3546) granting a pension to Amanda. Housell; it without amendment, and submitted a report thereon. ' A bill (H. R. 3633) granting a pension to E. B. Sweeny; He also, from the same committee, to whom were referred the bill A bill (H. R. 3753) granting a pension to John D. James; {S. 774) for the relief of Frances McNeil Potter and the bill (S. 1231) A bill (H. R. 3921) granting an increase of pen ion to Richard Gear for the relief of Frances McNeil Potter, reported adversely thereon· A bill (H. R. 3941) granting a pension to Mary 111. Galleyan · ' and the bills were postponed indefinitely. ' A bill (H. R. 3945) for the relief of Mrs. B. Alfers; ' He also, from the same committee, to whom was referred the bill (S. A bill (H. R. 4022) granting a pension to Elizabeth Stocksdale· 1125) granting a pension to Noah Nelson, reported it with an amend­ A bill (H. R. 4101) granting a pension to Martha A. Silkey; ' ment, and submitted a. report thereon. ..A. bill (H. R. 4122) granting a pension to Mary E. Snow; He also, from the same committee, to whom were referred the follow­ A bill (H. R. 4131) for the relief of Samuel C. Peck, jr.; ing bills, reported them severally without amendment, and submitted A bill (H. R. 4135l for the relief of Margaret Callanan; reports thereon: A bill (H. R. 4370 granting a pension to M. S. Towne; A bill (S. 811) granting a pension to Mrs. Susan Gilman· A bill (H. R. 4490 granting a pension to A. W. McDonald; A bill (S. 284) granting a pension to Margaret B. Harwo~d; A bill lH. R. 4501l granting a pension to Daniel R. Randall; A bill (S. 813l granting a pension to Miss Rebecca Miller; A bill H. R. 4572 granting a pension to Willis W. Fink; A bill (S. 683 granting a pension to Henry 0. Hill; and A bill H. R. 4579 granting an increase of pension to TholllilS S. A bill (S. 814 granting a pension to Mrs. Adaline M. Putnam. Owens; R. Mr. HARRISON, from ~e ~mmittee on Military .Affairs, to whom A bill (H. 4580) to grant a pension to William Taylor; were referred the followrng bills, reported them severally without A bill (H. R. 4586) for the relief of Nathan Hildebrant; amendment, and submitted report8 thereon: A bill (H. R. 4813) granting a. pension to Perry Johnson; ..A. b~ (S. 365) for the_r~lief of Martin L. Bundy; and A bill (H. R. 4903) granting a pension to Christian Smarzo; A bill (S. 129) authonzrng the SecretaryofWar to adjust and settle A bill (H. R. 4905) granting a pension to Aaron C. Johnson; and the accounts for arms, ammunition, and accouterment8 between the A bill (H. R. 5551) for the relief of Robert Moran. Territory of !\fontana and the United States. [The foregoing forty-nine pension bills from the House of Represent­ Mr. SAWYER, from the Committee on Post-Offices and Post--Roads atives were severally read twice by their titles and referred to the Com­ to whom was referred a bill (S. 34) for the relief of Mrs. Sultana S~ mittee on Pensions.] Farrell, submitted an adverse report thereon, and the bill was post­ BILLS INTRODUCED. poned indefinitely. :Ur. STANFORD introduced a bill (S. 1605) to establish a quarantine NORTHERN PACIFIC R.A.ILRO.A.D. station at the port of San Francisco; which was read twice by its title, Mr. DOLPH, from the Committee on Public Lands, reported the fol­ and referred to the Committee on Commerce. loWing resolution; which was considered by unanimous consent, and Mr. EDMUNDS introduced a. bill (S. 1606) tofacilitatethe adminis­ agreed to: tration of the laws in the Territory of Alaska; which was read twice by Resolved, That the Secretary of the Interior be directed to furnish the Senate its title. 1886. OONGRESSIONAL REOORD-SEN.A.TE. 1687

1\Ir. EDMUNDS. I ask that the bill be referred to the Committee inquire into the propriety and expediency of purchasing for the Government, to be placed in the Department of State, the life-size portrait of Thomas Jeffer­ on the Judiciary. It only provides for the giving of bonds before dis­ son painted by E. F. Andrews. trict judges in the States from which appointees come, as there are no means of their giving their bonds in the Territory of .Alaska as the law RELATIONS BETWEEN THE SENATE AND EXICUTIVE DEPARTMENTS. seems now to require. The bill should go to the Committee on the Mr. MORGAN submitted the followiB.gresolutions; which were read: Judiciary, I think. Wbereas a majority of the Committee on the Judiciary have originated andre­ The PRESIDENT p1·o tempo1·e. The bill will be referred to the Com- ported to the Senate and recommend the adoption of the following resolution: mittee on the Judiciary. _ "Resolved, That the Senate hereby expresses its condemnation of the refusal :JI,Ir. C.il1ERON" introduced a. bill (S. 1607) granting an increase of of the A.ttorney·General, under whatever influence, to send to the Senate copies of papers called for by its resolution of the 25th of January and set forth in the pension to James E. B. Dalzell; which was read twice by its title, and, report of the Committee on the Judiciary as in violation of his official duty and with the accompanying papers, referred to the Committee on Pensions. subversive of the fundamental principles of the Government and of a good ad­ Mr. SAWYER (by request) introduced a bill (S. 1608) for the relief ministration thereof;'' And whereas the Senate, if said resolution is adopted as being true upon the of Robert C. Murphy; which was read twice by its title, and referred facts and as matter of law, will thereby announce the prejudgment of a ma­ to the Committee on Claims. jority of this body, without any trial according to law, that the Attorney-General Mr. VAN WYCK introduced a. bill (S. 1609) to authorize the use of of the United States is guilty of and condemned for having willfully committed an offense in the conduct of his offic~ which is in violation of his official duty the proceeds of the sinking fund created by the act of J nne 8, 1878, and is subversive of the fundamental principles of the Government of the Uni­ known as the Thurman act, in the construction and equipment of branch ted States; and railroad and telegraph lines; which was read twice by its title, andre­ "Whereas the Attorney-General, ifhe has in fact willfully committed any offense that is in violation of his official duty and is subversive of the fundamental prin­ ferred to the Committee on the Judiciary. ciples of the Government of the United States, is only amenable to the condem­ Mr. VOORHEES introduced a bill (S. 1610) granting a pension to nation of the Senate when the Senate is sitting, with the Chief-Justice of the Margaret Houts; which was read twice by its title, and, with the ac­ United States, as a court of impeachment to hear and decide upon articles of impeachment presented by the House of Representatives; and companying papers, referred to the Committee on Pensions. Whereas it is alleged that the Senate has no rightful authority to cause the lli. WILSON, of Iowa, introduced a bill (S.1611) for the erection of Attorney-General of the United States to be arrested; tried, and punished for a. a public building at Fort Dodge, Iowa.; which was read twice by its contempt of its authority and dignity, if the Senate shall declare that such contempt has been committed by him upon the facts stated and the averments title, and referred to the Committee on Public Buildings and Grounds. made in said resolution and in the report which accompanies the same; l't!r. COCKRELL (by request) introduced a bill (S. 1612) for there­ Wbereas the Senate would be exposed to just censure if they, in the manner lief of the Albemarle and Chesapeake Canal Company; which was read recommended by the Committee on the Judiciary, proceed to announce their judgment of condemnation against the Attorney-General of the United Slates ~wice by its title, and referred to the Committee on Naval .Affairs. upon an accusation that includes an offense which is punishable by impeach­ Mr. CALL introduced a bill (S. 1613) in relation to homestead en­ ment; and tries; which was read twice by its title, and referred to the Committee "Whereas, the Senate would also be exposed to just-censure if it should attempt to declare the Attorney-General to be in contempt of its authority, and to pass on Public Lands. judgment of condemnation against him for such contempt without having him Mr. PLill1B introduced a bill (S. 1614) granting a pension to Sarah notified of the charge and arraigned to answer the same at the bar of the Sen­ C. Wright; which was read tWice by its title, and, with the accompany­ ate: ResoZt;ed, That the Committee on Privileges and Elections be instructed to in­ ing papers, referred to the Committee on Pensions. quire-into and report upon the question whethertheoffensealleged ag instthe He also introduced a bill (S. 1615) to authorize the Secretary of War Attorney-General of the United States in said resolution is of the clas of offenses to credit the State of Kansas with certain sums for ordnance and ord­ for which the head of a Department may be impeaclled and removed from office, and whether the Senate can take jurisdiction ofsaid alleged offense in the manner nance stores issued to said State, and for other purposes; which was provided for in said resolution, and can proceed to convict and condemn the read twice by its title, and referred to the Committee on Military Af­ Attorney-General in advance of a trial for said alleged offense by a resolution fairs. of the Senate, there being no impeachment of said officer in the mode required by the Constitution. Mr. FRYE introduced a bill (S. 1616) to promote the political prog­ 2. That said committee be instructed to further inquire and report whether ress and commercial prosperity of the .A.mexican nations; which was the Senate has the power under the law and the rules adopted for its govern­ read twice by its title, and referred to the Committee on Foreign Re­ ment to arrest, try, convict, and puni h the Attorney-General ef the United lations. States for a contempt of its rightful authority. 3. That said committee be further instructed to inquire and report whether l't!r. INGALLS (by request) introduced a bill (S. 1617) to incorpo­ the matters stated and referred to in the manner set forth in the resolution re­ rate the Union Passenger Ra.ilwayCompanyofWashington, D.C.; which ported from the Committee on the Judiciary above copied constitute any crime or any misdemeanor in office under any law of the United States; and, if so, was read twice by its title, and referred to the Committee on the Dis­ what penalty is annexed to said crime or misdemeanor, and what tribunal has trict of Columbia. the rightful jurisdiction to try and, on conviction, to condemn the Attorney­ He also introduced a bill (S. 1618) granting a pension to John G. General of the United States to punishment for the same. 4. That said committee be further instructed to consider, ascertain, and report Nicholas; which was read twice by its title, and referred to the Com­ whether in the conduct of the Attorney-General, as stated in the resolution re­ mittee on Pensions. ported from the Committee on the Judiciary and in the accompanying report, Mr. H.iliPTON introduced a bill (S. 1619) to refer the claim of the he violated any and what law of the United States, and in what respect he has State of South Carolina for rent of the State military academy at violated said law· and whether he has done any and what act, in his conduct of the business of his office to which said resolution relates, that he might not Charleston, S. C., to the Court of Claims; which was read twice by its have done in the exercise of his lawful discretion. title, and referred to the Committee on Claims. 5. That said committee be further instructed to inquire and report whether He also introduced a bill (S. 1620) to refer the claim of the Ursuline the Senate has any constitutional right or power to give its advice and consent to removals from office by the President, and whether, by withholding such ad­ nuns for compensation for the burning of their convent at Columbia, vice and consent, the Senate can prevent the removal of any person from office S. C.• to the Court of Claims; which was read twice by its title, and by the President. referred to the Committee on Claims. 6. That said committee inquire and report whether the Senate, if a majority shall agree to the resolution above recited (which was reported from the Com­ PAPERS WITHDRAWN AND REFERRED. mittee on the Judiciary), ha.OJ the right, under the Constitution, to withhold its consent to the removal of persons by the President who are unfit for office, under On motion of lli. SAWYER, it was the circumstances mentioned in said report of the Committee on the Judiciary and in the resolutions reported by said committee; and whether the Senate can Ordered, That the petition and papers in the case of Robert C. Murphy be taken bind its members by any declaration of the duty of the Senate, or by any rule, from the files and referred to the Committee on Claims. as a duty to the Senate, as the same is declared in the following resolution touching the powers and proper conduct of the Senate, which was also reported On motion of lli. JONES, of Arkansas, it was by the Committee on the Judiciary, namely: Ordered, That the papers in the claim of Silas F. Field be taken from the files "Resolved, That it is, under these circumstances, the duty of the Senate to re­ and referred to the Committee on Claims. fuse its advice and consent to proposed removals of officers the documents and papers in reference to the supposed official or personal misconduct of whom are On motion of Mr. MORGAN, it was withheld by the Executive or any head of a Department when deemed neces­ Ordered, That the memorial of W. C. Dodge and others relating to an alley in sary by the Senate and called for in considering the matter.'' square 7"...5 in the city of Washington be taken from the files and referred to the Committee on the District of Columbia. Mr. MORGAN. I ask that the resolutions be printed and lie on the table. Mr. DOLPH. A few days since an adverse report was made upon The PRESIDENT pro tempore. That order will be made if there be the petition of Maj. Theodore J. Eckerson, United States Army, retired no objection. praying an amendment to the law in reference to grades in the mill~ PEARSON C. 1\IONTGO:\IERY. tary service. I at the time entered a motion to reconsider it, which I now withdraw, and ask for the following order for the withdrawal of The PRESIDENT pro tempore. If there be no further "concurrent papers: or other resolutions '' the Calendar is in order. The first case on the Ordered, That the petition and accompanying papers in the case of :Maj. Theo­ Calendar will be stated. ~:: ~~ks=~·United States Army, be permitted to be withdrawn from the The CHIEF CLERK. A bill (S. 18) for the relief of Pearson C. Mont­ ;i gomery, of Memphis, Tenn. The PRESIDENT pro tempore. If there be no objection the order Mr. INGALLS. The Senator from New Hampshire [lli. PIKE] who will be entered and the motion to reconsider will be withdrawn. reported the bill desires to be present when it is discussed. I ask that it may retain its place on the Calendar and go over. ANDREWS'S PORTRAIT OF JEFFERSON. The PRESIDENT pro tempore. That order will be made if there be Mr. VOORHEES submitted the following resolution; which was con­ no objection. sidered by unanimous consent, and agreed to: Mr. HARRIS. The bill goes over without prejudice, I understand. Resolved, That the Committee on the Library be, and is hereby, instructed to Mr. lliGALLS. Yes; it retains its place. 16R8 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23,

J. J. PULLIAM'S ESTATE. The joint resolution was changed to a bill (S. 1621) relative to a cer­ The bill (S. 605) for the relief of the estate of J. J. Pulliam, deceased, tain accepted draft in the Department of State. was announced as next in order on the Calendar, and the Senate re­ The bill was read three times and passed. sumed its consideration as in Committee of the Whole. MONUUE:NT TO G~ERAL GRAKT. The PRESIDENT pro tempore. The bill has been read on a former day. Are there any amendments to be offered to it as in Committee of Mr. HOAR. I should like, if there be no objection, to call up the the Whole? bill for the erection of a monument to the late Uly es S. Grant. Ifany Ur. HOAR. Th~reportalso has been read. The Senator from Kan­ member of the Senate desires any further time I shall not press the mo­ sas [Mr. PLUMB] made some objection, and I understand an amend­ tion, but I suppose it will be unanimously the desire of the Senate to ment bas been prepared to the bill which meets his approbation. pass the bill. [A pause.] I move that the Senate take up the bill (S. The PRESIDENT pro tempore. The bill is still open to amendment. 1564) for the erection of a monument to the late Ulysses S. Grant. Mr. JACKSON. I submit a preamble to the bill, which relieves the The motion was agreed to; and the Senate, as in Committee of the objection which the Senator from Kansas had to it. Whole, proceeded to consider the bill. The PRESfDENT pro tempore. The proposed preamble will be read l\fr. PLUMB. I have no doubt the bill will pass, but I want to say for information only at this time. that I think it ought not to pass, and I am snre that I only voice what The Chief Clerk read as follows: I believe would be the sentiment of the great soldier whose name is Wbereas under the provisions of the act of June 16, 1864, certain claims were mentioned therein, were he alive, when I say that a monument is not allowed and reported to Congress by the proper a ccounting officers of the Treas­ needed to perpetuate his fame, and that he would not, if he were here ury Department in 1 2 for payment, including tile claim of J. J. Pulliam's es­ tate for wood supplied to the Quartermaster's Department of the United StatE's to express an opinion on the subject, desire that it should be erected. .Arwy; and whereas there was a. mistake in the amount that should have been There is to be erected in the city of New York, at the expense of the reported in favor of said Pulliam's estate, as appears by the report of the com­ people of that city and of such other persons as may contribute thereto, mittee to whom said bill was referred, made bt:fore the passage thereof. a monument over the place where the body of General Grant rests, the The bill was reported to the Senate without amendment, ordered to place where, according to all the testimony we have on the subject, he be engrossed for a third reading, read the third time, and passed. desired to be buried aml where he was buried. The PRESIDENT pro tempore. The question is on agreeing to the If his fame re ts upon any such insubsliantial foundation as a monu­ preamble submitted by the Senator from Tennessee. ment to cost $2..)0, 000, or any other sum, then it will perish long before The preamble was agreed to. history ceases to recount the deeds which made him famous. If be was L. 1\IADISON DAY. the man whom we believe him to have been, and if his connection with The bill (S. 266) for the relief of L. Madison Day was announced as the most important epoch of this country has the significance which we next in order. attribnteto it, hisfa.meismoresecu.rewithouta monument than with it. Mr. COCKRELL. That goes over. The Senator from New Hamp­ Mr. President, it is no disparagement to General Grant to say that shire [Mr. Pnrn] is not present. he was preceded by a greater man, in a measure also the creation of the The PRESIDENT pro tempore. Is the bill to gooverwithoutpreju­ epoch which brought friend, and I should like to doubt that if he could be consulted he would ask for no better honor ha.ve the bill go over without prejudice. than that he might go down to posterity along with Mr. Lincoln, with The PRESIDENT pro tempore. That order will be made. no monument erected to him in Washington or elsewhere. Mr. TELLER. Before the bill goes over I desire to offer an amend­ It is easy, of course, to take the money out of the public Treasury for ment to it and to have it printed: a purpose of this kind, forthe gratificationofa momentary sentiment, The PRESIDENT pro tempore. The order to print will be made if and I do not speak with any disrespect of the sentiment which prompts there be no objection. this bill; but the people of this country are amply able to build a mon­ Mr. 1\IORGAN. Let the amendment be read. ument, and if the sentiment toward General Grant was of the kind that TbePRESIDENTprotempore. Theproposedamendmentwill beread. could be voiced in a monument, a monument would be built by private The CHIEF CLERK. At the end of section 1 add the following pro- contributions. But the sentiment toward General Grant, as that to­ viso: ward Mr. Lincoln, is deeper, more profound, and more tender than PrCYVided, That the President may, in his discretion, allow homestead settlement could ever find expression in a law of the United States or in any mon­ Ly citizE-ns of the United States on each alternate quarter-section under such rules and regulations as shall secure to the Indians their allotments a.s herein provided ument of marble or any other material, built here or elsewhere. I for and a proper enforcement of the intercourse laws; and for all land so taken would not detract from his fame by doing this, but I would let the for homesteads by citizens of the United States there shall be proper compensn­ monument to be erected at the point where he was buried be the sin­ tion made to the Indians owning such land under treaty stipulations by act of Congress. gle evidence of that kind of expression of good will or good feeling or whatever else it may be called that he is held in by the people of the The PRESIDENT pro tempore. The proposed amendment will be United States. printed, and the bill will go over without being displaced. No law we can pass expresses any kind of sentiment except perhaps P.A.Y:ME~T OF .A. DRAFT. the indifference that we have to a certain extent in regard to the public The joint resolution (S. R. 26) relative to a certain accepted draft in funds: as is manifested by much of the legislation that we pass here. the Department of State was considered as in Committee of the Whole. Therefore this is merely idle as an expression that is in any way >alu­ It directs the Secretary of State to deliver to the person justly entitled able as testifying the sense of obligation or of respect or of kindliness to the possession thereof one draft for the sum of $8,950, dated New of the people of the United States toward the memory of General Grant. York, August 19, 1859, and drawn by Santiago Vidaurri, governor of We have done many things that I think were not proper to be done in Nuevo Leon and Coahuila, by Ignacio Galindo, on J. M. Mata, Mexi­ this same direction. I might be willing to agree that we would make can mini ter, Washington, D. C., ahd accepted by Mata, and made pay­ such appropriation should any member of the family of General Grant able at the Bank of the Republic, New York, the same having heen ever come to want; I might be willing to go further, and agree that no deposited in the Department by error. But a copy of the draft, with member of the family of any President of the United States should ever all the indorsements and protests, if any, thereon, shall be retained by come to want; but we have come to consider the giving of money as the the Secretary of State. highest evidence of regard, and give money where money is not needed. The joint resolution was reported to the Senate without amendment. Tl1ere are obligations which can be responded to only with money, which :Mr. INGALLS. I suggest that the form be changed so that it be a this nation incarred to tho e who defended it in its hour of peril. The bill. widows of the men whom General Grant commanded, of the men who The PRESIDENT pro tempore. There will be no objection to that. made the victories of Donelson and Vicksburg and Missionary Ridge 1\!r. INGALLS. Unless the Senator reporting the bill has some spe­ and the Wilderness and Appomattox possible, scattered all over this cial reason why it should be retained as a joint resolution. broad land, in the busy haunts of men, on homesteads, on the remote The PRESIDENT pro tem,pore. It was sent in this form from the frontier, are among the people whom the Government of the United State Department. That was the only reason. States owes money to and which it doles out with a scanty band; little lli. INGALLS. Then I suggest that the change in the frame be pensions of $8 a month to the widows of private soldiers whose neees­ made. sities are just as great as the widows of Presidents or generals of the The PRESIDENT p1·o tempore. If there be no o~jection the joint Army. We can not pause in the exercise of our ordinary duties here resolution will be changed into a bill. to do the graceful and the honorable and the just and the legal thing 1886. CONGRESSIONAL RECORD-SENATE. 1689 for them; hut if there is any proposition to vote a pension to somebody nity if he should miss or his neighbors or children should miss when they who does not need it, or to build a monument which is not necessary come to Washington some fitting memorial of the great President. as the expression of the national regard, then we can stop and drop our There will be others, there are others now, who will deserve a place in Calendar and take tlus up to the exclusion of everything else. that companionship. The images of other great generals of the war As I said, the bill will pass. I have no doubt it will. It will be­ who have gone to their reward have already been erected in our chief cgme a law. I want simply to record my protest against it, as one who, quares and others will sooner or later take their place. The nation I thiuk, cherie;hes just as much the memory of General Grant as a sol­ will-I hopeit will bealongtime-bntthe nation will seek aJsoamong dier, as a statesman, and, above all, as a man as any person on this floor these images to erect one to manifest its honor and rCco-ard for a member or elsewhere; and I say that that feeling which I have, and which will of this body not now in his seat, who more than any other single man descend through my blood as it will descend through the blood of all is the representative of the character of the volunteer soldier, who is the American people through all coming time, will find no fitting ex­ to-day the foremost living volunteer soldier who served in this great pression in any monument erected by statute hereor elsewhere. Gen­ .'truggle. I do not think when' the time comes for such a memorial, eral Grant's monument is in thehearts of the American people. distant as we all hope it will be, that there will be from any quarter Mr. HOAR. Mr. President, I have heard that there is in the French of the country, North or South, the voice of any soldier raised in opposi­ Academy a bust of the most famous dramatist of France who was not tion to that act of public gratitude. a member of that body in his lifetime, and under it the inscription: Mr. President, this policy~ itseemstome, withduerespecttomyhon­ "Nothing is wanting to his fame; he is wanting to ours." I think that ora.ble friend from Kansas, must be ta.ken as settled, as the judgment, if in future time the American citizen from any part of this country, the taste, the desire, the demand of the American people, as it is of all from any part of the continent which may then be included within our other peoples. We erect monuments on every great field of battle of borders visits the seat of Government, if he shall look in vain for an ex­ the Revolution or of the late war, not because the littl& structure of pression of the gratitude and honor of the American people to ffiysses stone or bronze or brass is needed that the people of the United States S. Grant he will repeat with sorrow and shame the sentiment of the :-~hould remember Yorktown or Saratoga or Bunker Hill or Concord, but French scholars, ''Nothing is wanting to his fame, but something is it is because in that way by the universal instincts of humanity these wanting to ours." feelings are expressed and these feelings are preserved to other ages. I had not intended to speak upon this subject. I did not suppose So, Mr. President, it seems to me the Senator might as well say, or that it would be necessary to urge the Senate to do what I am ·quite some other Senator might as well say, that his taste or judgment did sure will, with the exception of my honorable friend from Kansas, be not approve the funeral ceremonial, tne wearing of mourning, or the done by its unanimous voice. religious service, or the dirge; or the gathering neighbors, with which I appreciate the spirit and I appreciate the independence which has the instincts of all civilized people mark the funeral of a friend who led the honorable Senator to express the sentiments which he feels. I dies. A great deal can be said in the way of reason about the waste, am sure that he yields to no other Senator and to no other citizen in his that you had better have sold it for a thousand pence and given it to reverence for the great memory which this bill is intended to honor, the poor, but the answer is that this is the method by which universal and that it is only a difference of opinion with the general mass of his humanity seeks not to pay its debt to the dead, but to do justice t.o the countrymen in regard to the value and appropriateness of this particu­ entiment and the affection of the living. lar method alone which animates that able and patriotic Senator. But Mr. BLAIR. Mr. President, one thing is certain, that there never it seems to me that we must take this thing as settled by the general yet was a great nation that neglected its great dead; and my opposi­ judgment of mankind, that civilized nations are wanting in due and tion to this bill, if I were to oppose it, would not be made upon the decent honor for their great benefactors unless by monument or stat­ fact that there is to be a contribution of $250,000 in money to t-he erec­ uary, or in some other public way, they put up in their public places tion of a monument to honor the memory of our dead general and the tokens of their regard. President, but that the amount is too parsimonious, too small. I think The English and the continental cities, as every traveler knows, are it is unworthy so great a nation that we should appropriate to the crowded; there is not a public square in Europe from which there does erection in the capital of a monument at an expense of not more than not look down from loftypedestal_theimageofsome man who has done one-fourth the amount that is to be expended in our metropolitan city good fighting in great wars, or who has been a public leader and bene­ for the same purpose. I think that it is hardly commensurate with the factor in the paths of statesmanship, in administration, in peace. Na­ due magnificence of that memorial and tribute which we pay to Gen­ poleon was commemorated by a thousand monuments. The statues 01 eral Grant that we should limit the amount of the expenditure to the Wellington and of :Marlborough are found in almost every principal paltry quarter million dollars that is provided for in this bill. ctty in Great Britain. . But there is another reason why I would object to the passage of this Here we have a man to whom, with the single exception of Wash­ bill in its present form; and that is this: No reason can be given for ington alone in modern history, belongs the double wreath, the double commemorating the name of General Grant that can not be given as crown of being foremost in the great war on which the life of his conn­ strongly why this nation should erect a suitable monument in this her try depended and foremost in the sta.tesmanship of a great age in which capital cityto the commemoration of the virtues and patriotism of the the character and the future history of his country were alike depend­ dead Lincoln also. It is now more than twenty years since he died; and ent. Congress has forgotten, although the nation may not have forgotten, this General Grnnt also has another claim to the gratitude of this entire great duty which should be discharged ere we enter upon the commemo­ people. He represents more than any other single man, either in war ration of the memory of Grant. or peace, that sublime clemency which at the close of this mighty death­ I am in favor of discharging both these duties now. I think that the struggle sent home restored to citizenship, to equality, to all the rights committee, instead of reporting this bill alone, should have reported and privileges of an American, every one who had espoused the con­ some measure for the erection of a due memorial, a proper monument, quered cause. I do not think there can be found in the history of the to the memory of Lincoln in this city. It is true that we have one, one world from the earliest preserved record to this hour an instance of a which is a discredit aliketothememory ofthedeadand to the generosity great civil strife succeeded by such a sublime, noble, and magnanimous of the nation, a monument which I venture to say wonld not to-day as clemency. That, of course, like the subjugation of the rebellion, like a work of art sell for $25 if it were offered to free and open competition the civil policy which followed the subjugation of the rebellion, was in the marts of the world. the act of the American people. It is not due to any one man or to any While I shaH not oppose the passage of this bill, I hope that the com­ number of individual leaders, but none the less was President Grant its mittee themselves will take into consideration the question whether it foremost representative and example; and it is the one thing which should not be recommitted, whether they should not provide for the future ages will contempla.te with admiration and regard when they erection of some suitable testimonial of the nation's gratitude to these look back to this history of ours. There have been great wars, there two great Presidents who must for all time stand upon the same high have been great civil periods, there have been great achievements on level which is now occupied by the unapproachable Washington him­ the field of battle and in the senate-house, and there will be other great self. I hope the committee will consider this question. I hope the wars and great acts of statesmanship and of civil administration; but Senator who is pressing this bill will recall the virtues and the services there never has been and I do not believe that for ages to come, in the of Lincoln, and himselfask that the bill be recommitted, and that some­ present condition of the civilized world, there ever will be again repeated thing come to the Senate and go to the House which will be, to a cer­ such an instance of sublime, noble, and heroic magnanimity. tain extent at least, consonant with the wishes of the American people Now, Mr. President, it is impossible to reward, as we should be glad as to what should be done to give appropriate commemoration to these to reward and as he deserves to be rewarded, every soldier or every offi­ two great men. cer or every general by public commemoration, by public generosity. l\1r. HOAR. The Senator will pardon me for suggesting that the com­ We must for these purposes select the representatives, and when the mittee will consider that matter in the same spirit that theSenator has monument to Ulysses S. Grant is erected at the seat of the Government manifested, of a proper memorial to l\1r. Lincoln, and I think the com­ of the country, every soldier throughout the land, every Union and mittee would all be of opinion-I am sure I should-that it belittles patriotic soldier, will say, "That honor is mine also." Every citizen both to undertake to have them united in anything which would give who joined in the policy of forbearance and clemency and generosity the appearance of log-rolling. Each of these things must stand as one >Vill say," In honoring him you have conferred an honor also which single and sincere action. is reflected in some humble measure upon me.'' 1\Ir. BLAIR. I should be entirely indifferent as to which was done I think then~ is not a private soldier within the length and breadth of first, provided both were done by the present Congress. It did not this land who would not feel almost a sense of personal outrage and indig- occur to me that any mortal being would consider a proposition of 1690 CONGRESSION.AL RECORD-SENATE. FEBRUARY 23, this kind in connection with any discreditable log-rolling. But I do Mr. INGALLS. The Senator from Vermont [Mr. MoRRILL], who think that the committee should consider whether the amount with reported that measure, left the Chamber a short time since, sayingthat which they propose to erect this memorial to Grant is sufficient. Is it he was not feeling well enough to remain here to-day. I am quite sure suitable that the American nation in the exhibition of its gratitude by he would wish to be heard on the resolution, and I ask that it go over. a demonstration of this kind should be surpassed by what is expected The PRESIDING OFFICER. If there be no objection the resolu· to be done in the capital of one of our States or in the metropolitan city tion will go over, without losing its place on the Calendar. of our country? It seems to me that the monument to Grant, as well WOMAN SUFFRAGE. as the monument to Lincoln-at least the monument erected here in the capital city, should surpass all others as a tribute of the sentiment of The joint resolution (S. R. 5) proposing an amendment to the Con­ the nation at large. stitution of the United States extending the right of suffrage to women I did not rise to oppose the bill. I am only glad that there is some was announced as next in order. manifestation of a disposition to do something.in this direction, and I Mr. RIDDLEBERGER. Is there no report from the committee? hope, as I said before, that the committee will consider whether they lli. BLAIR. That is a very important matter, probably the most have gone to the full extent of propriety and duty in this regard. important ou the Calendar, and it can not be suitably discussed in the The bill was reported to the Senate without amendment, ordered to morning hour. I shall be obliged on that account, and for no other be engrossed for third reading, read the third time, and passed. reason, to ask the indulgence of the Senate tha.t it be passed over, re­ a taining its place on the Calendar. HOUSE BILLS REFERRED. The PRESIDING OFFICER. If there be no objection the resolution The following bills from the House of Representatives were severally will be informally passed over, retaining its place on the Calendar. read twice by their titles, and referred to the Committee on Military The Chair hears no objection. .Affairs: • ALBERT ll. EMERY. A billlR. R. 68) for the relief of William P. Chambliss; Mr. HOAR. The next measure on the Calendar has passed the Sen­ A bill H. R. 822) for the relief of William H. Wheeler; ate several times, but it is quite important, and I think the Senate A bill H. R. 832) for the relief of D. E. Downing; would desire to have it explained, and there is not quite time for that A bill H. R. 899) for the relief of A. S. Bloom; before 2 o'clock perhaps. So I should like to have it go over andre­ A bill H. R. 4411) for the relief of A. Gates Lee; and tain its place. A bill (H. R. 4412) for the relief of John A. Coan. The PRESIDING OFFICER. The Senator from Massachusetts asks The following bills were severally read twice by their titles, and re· that the next bill on the Calendar, being the bill (S. 929) for the relief ferred to the Committee on Claims: of Albert H. Emery, be informally passed over, retaining its pla-ce on A bill (H. R. 290) for the relief of L. S. Ensel; and the Calendar. There being no objection, the bill is informally passed A bill (H. R. 897) for the relief of the heirs at law of Andrew F. Me· over, retaining its place on the Calendar. .Millin, deceased. The bill (H. R. 2428) for the relief of V. F. Gorrisen was read twice FRANCIS GILBEAU. by its title, and referred to the Committee on Post-Offices and Post. The bill (S. 718) for the relief of Francis Gilbeau was considered as Roads. in Committee of the Whole. It provides for the payment of $2,600 to CONVEYANCE OF AN ALLEY. the legal representatives of Francis Gilbeau, deceased, in full of claims The PRESIDENT pro tempore. The next case regularly in order on against the United States for the rent of houses belonging to Gilbeau the Calendar will be reported. and all damagest.othe same, in Galveston and San Antonio, Tex., dur­ The bill (S. 1020) authorizing the District of Columbia to convey the ing the years 1865 and 1866. alley, 15 feet wide, running east and west, between lots 6 and 7, in ]',fr. EDMUNDS. Let us hear the report. square 635, comprising an area of 3, 480 square feet of land, to the owner The Chief Clerk read the following report, submitted by Mr. ·MITcH· of said lots, was announced as next in order, and the Senate, as in Com· ELL, of Oregon, February 2, 1886: The Committee on Claims, to which was referred the bill (S. 718) for the relief mittee of the Whole, proceeded to consider it. of Francis Gilbeau, report thereon as follows: The bill was reported to the Senate without amendment, ordered to The petition of claimant presents a. claim for rent of certain buildings in San be engrossed for a third reading, read the third time, and passed. Antonio and Galveston, Tex., occupied by the UnUed States Army for Army purposes in the years 1865 and 1866, amounting to 53,701.65, and itemized as fol­ PUBLIC LAND LAWS. lows: The bill (S. 1296) to repeal all laws providing for the pre-emption of (1) For rent of building and store at San Antonio, Tex., from August 24,1865, to December 10, 1865, at S400 per month, as per certificate of the public lands, the laws allowing entries for timber-culture, and for Capt.H.S.Chubb...... $1.,432 22 other purposes, was announced as next in order. (2) For rent of dwelling in San Antonio, Tex., from October 12 to De- ]',fr. PLUMB. The hour of 2 o'clock has nearly arrived, and thiS bill cember 31,1865, at $100 per month...... 263 33 (3) For rent of same from January 1,1866, to August 31, 1866, at $150 per I think will lead to debate. I think it is not the desire of the com­ month ...... •.•...... 1, 200 00 mittee to ha-ve it considered now on account of some testimony in regard (4) For rent of fire-proof building in Galveston from June 19, 1865, to to it·that is being taken. I ask that it lie over, retaining its place on August 28, 1865, at 5350 per month, used by Captain Atwood, as ist- the Calendar. ant quartermaster...... 806 17 The PRESIDING OFFICER (Mr. HARRIS in the chair). If there Total...... 3, 701 67 be no objection the bill will be informally passed over, retaining its This claim has the following legislative history: In the Forty-fourth Con­ place on the Calendar. gress, first session, a bill for $2,600 was reported favorably from this committee; WILBUR F. ST.EELE. in the Forty-sixth Congress a similar bill pas ed both Houses of Congress, but owing to delay failed to receive the signature of the President; in the first ses­ The bill (S. 1223) for the relief of Wilbur F. Steele was announced sion of the Forty-seventh Congress it was again reported favorably from this as committee and again passed the Senate, and in the Forty-eighth Congre s, first next in order. session, like action was had in the Senate. At that session Mr. CAMERON, then Mr. COCKRELL. Let that go over. chairman of this committee, submitted the following report, which, on a careful The PRESIDING OFFICER. Being objected to, the bill goes over. examination of -the testimony submitted, your committee approves, and sub­ :Mr. COCKRELL. I do notwant it to lose its place on theCalenda.r. mits it as the report of this committee in support of the bill now under considera,. tion. The PRESIDING OFFICER. The bill will be informally passed Mr. Cameron's report is as follows: over without losing its place on the Calendar. "This claim is for the rent of certain buildings in San Antonio and Galveston, Tex., in the years 1865 and 1866, amounting to $3,701.67. ARKANSAS HOT SPRINGS. "The loyalty of the claimant is proven conclusively. "The occupation of the building by officers of the United States Government The next business on the Calendar was the concurrent resolution re· for legitimate and neces ary Army purposes is clearly proven, and contracts were ported by Mr. BERRY, from the Committee on Public Lands February entered into by which the claimant was to receive a. reasonable rental. 1, 1886, against the renewal of the leases of bath-houses andhot.water "The demand for rent for the buildings in San Antonio was declared reason­ able by a board of survey, consisting of officers of the Army. The claim was privileges upon the Government lands at Hot Springs. presented to-the proper officers of the Treasury, but was rejected on the ground Mr. INGALLS. I object to that. that the location of the building was in a. State lately in rebellion, and they were The PRESIDING QFFICER. Objection being made the resolution prohibited by law from. paying it. It was also presented to the Southern Claims Commission, and was rejected for want ofjurisdicti<>n. goes over. "It appears from the certificate of Capt. HenryS. Clubb, assistant quarter­ Mr. JONES, of Arkansas. I ask that the resolution of my colleague master and district quartermaster, that the United States Government rented a go over, retaining its place on the Calendar. He is not here at this ten-room building in San Antonio of Mr. Guilbeau, on the 24th day of August, 1865, and returned possession of it to him on the lOth of December, 1 65. It also moment. appears that a board of survey, convened June 6,1~ recommended that a rent The PRESIDING OFFICER. Is there objection that the resolution be p,aid for the use of the same by the U nit.ed States Lt<>vernment. referred to by the Senator from Arkansas go O\"er without prejudice and ' It appears from the proceedings of a. board of survey, composed of Army officers, convened on the 28th of August, 1866, that a rent of $4.00 per month was retain its place on the Calendar? The Chair hears none, and such is not • too much' fm· the use of the storehouse then rented by Guilbeau to the the order of the Senate. Government. "An affida.vit·of A. Fretelliere shows that he, as agent of Guilbeau, agreed STATUES TO COLUMBUS, LA FAYETTE, AND GARFIELD. with Capt. Henry S. Clubb, assistant quartermaster, that he (Fretelliere) was to The joint resolution (S. R. 35) setting apart public reservations for receive S400 per month, or $-1,000 per annum, for the rent of the above-mentioned store building. statues to Columbus, Lafayette, and James A. Gaifield was announced "A letter from GeneralS. K. Mizner shows that a dwelling-house of Guilbeau as next in order. was occupied for military purposes by officers of the United Sta:tes Army on the • 1886. CONGRESSIONAL RECORD-SENATE. 1691

12th of OctoberJ-865, 'with a perfect understanding that a. proper rent should AID TO COMMON SCHOOLS. be paid' by the united States Government. "A certificate from General S. P. Heintzelman shows that the dwelling of The PRESIDING OFFICER. The hour of 2 o'clock having arrived, Guilbeau was used as headquarters by General Shaw, and afterward by himself the Chair lays before the Senate the unfinished business. in like manner, and that Guilbeau was to receive $150 per month rent for the Th S + • Co •tt f th Wh 1 ed th 'd same, and that the building was thus occupied from the 9th day of May, 1866, to e enaLe, as m mmi ee O e O e, resum e COD.Sl era- the 31st day of August of the same year. tion of the bill (S. 194) to aid ih the establishment and temporary sup- ''An affidavit of A. Fretelliere, agent of Guilbeau, shows that the dwelling port of common schools. was occupied on the 12th day of October, 1865, and from that time until the 1st The PRESIDING OFFICER. The question is on the amendment day ofSeptember,1866; that $100 pel' month was the rent agreed upon from Oc- tober 12,1865, to January 1,1866, and from that day he was to receive $1.50 per proposed by the Senator from Indiana [l'rlr. HAltRISON] to the amend- month. ment proposed by the Senator from Alabama [l'rlr. MORGAN]. "An affidavit of James B. Nash, agent ft>r Guilbeau, shows that the building 1\Ir. GRAY. l'rlr. President, as I can not vote for this educational known as Guilbeau's building, situated on lot No.10, block No. 680, in Galveston, was occupied for Armypurpo es by Captain Atwood, assistant quartermaster, on bill, I desire to vindicate the opposition that I am compelle p by my con­ the9thdayofJune,l865,andcontinuedtobeoccupied untilthe28thdayofAugust victions to make to a measure which is urged with so much zeal, sin- ]865, and it was agreed that he was to be paid punctually by the Government. •ty d bili"ty b th "d f this Cha b In d · I hall He states, further, that he never received any rent from the Government for the cen ' an a on 0 Sl es O m er. orng so S use of the building, and that the rent charged the Government was but little . not be deterred by the formidable array of so-called precedents that have more than half the snm he received for it immediately after the vacation of the been marshaled to support the constitutionality of the bill, or by the sa.,rp;.:: :ifid.~vi_y;r:F~rs. William M. Varmell and James A. McKee show conflicting opinions of the fathers of the Constitution from giving the that Guilbeau was loyal to the United States Government during the war, and results of my own study of the question or the reasoning by whi.ch those that he was compelled to leave his home in San Antonio because of his loyalty. results have been reaehed. In dealing with a question of such immense m~:CotU: c~~~~ are of opinion that 2•600 would be a fair compensation.to importance to the welfare of our country, so tremendous in its scope, Your committee therefore report backS. bill718 without amendment and rec- so far-reaching in its consequences, we would be derelict to the high ommend its passage. functions of American legislators were we to allow it to be decided for Mr. EDMUNDS. Let us hear the bill read again. us by the real or supposed analogy of the cases (trivial in importance The PRESIDING OFFICER. The bill will be again re,;'td. when compared with this) which in our past history have from time to The Chief Clerk read the bill. time been acted upon by Congress, and thus abdicate the right and the Mr. EDMUNDS. I move an amendment after the word "houses," duty to scrutinize and examine each for himself the Constitution from in line 7, to insert the words '' and other buildings." I see by the re- which all our powers are derived. port that there were one or two buildings that might not come within Precedents, however well established, the former practice of the Gov­ the phraseology of ''houses,'' and the committee evidently intend that ernment however uniform, opinions of constitutional lawyers however the bill shall cover the whole case. concurring, though they may illustrate, illuminate, and inform, can The PRESIDING OFFICER. The amendment proposed by the never deprive the people who send us here of their right to have such Senator from Vermont will be reported. questions decided, not by precedents, practices, or opinions, but by the The CHIEF CLERK. In line 7, after the word "houses," it is pro- conscience and intelligence of their representatives with all the aid that posed to insert "and other buildings." such precedent, practice, and opinion can give. In this sense no con- The amendment was agreed to. stitntional question can be called settled against the deliberate judg- 1\fr. PLIDIB. This report, it seems to me, ought to be a little more ment of those who are lawfully charged with its determination. full in some particulars in order to show the basis of this claim. It is Bnt what are we to do in a case where there are no well-established stated here that a contract was entered into, but the report very care- precedents, where there is no uniform practice, and no consensus of au­ fully fails to state with whom that contract was made. It is a very thoritative opinions? Why, we can only turn to the open pages of the singular thing if this contract was made by some person authorized to Constitution and there, whence all lawful authority, alllegislativepower make it (and if it was not so made, really it was no contract at all) must find its source, stndy its mandates, consider its restrictions, review that it should not be set out here, and it is equally singular that, if it its history, and commune with its spirit, and upon thejndgment thus were made by a person authorized to make it, it was not paid in the formed decide for ourselves for or against the constitutionality of this usual way in which claims of that kind are paid. I do not speak of it bill. I desire, sir, to make no other apology for approaching the ques­ as impeaching the character of this claim, but it seems to me that the tion of the constitutionality of this measure, though I know; Mr. Presi­ report is silent where it ought to be expressive. dent, that in some respectable quarters constitutional discussion is made Mr. EDMUNDS. We ought to know why it was not paid before. light of and treated as an outworn fashion of earlier days, something to Mr. PLUMB. It is stated here that the officers of the Treasury De- make merry over, and those who indulgeinit are called "political archre­ partment rejected it on the ground that the location of the buildings ologists" and other hard names. And they are contrasted with a more wa,s in a State actnallyin rebellion, and that the Southern Claims Com- robust school of statesmen, who are fond of posing a.s the representatives mission rejected it for want of jurisdiction. I never heard before, I parexceUence ofthewillofthepeople, their wants and their aspirations, think, of any claim being rejected by the Southern Claims Commission which are always interpreted to suit the passing mood of such repre­ on account of any di:ffi.culty as to jurisdiction. I thought they had sentatives. jurisdiction of everything under the sun that had reference to there- Now, Mr. President, I recognize in this Constitution the highest and hellion. most authoritative expression of the people's will. They, the sovereign Mr. JACKSON. I will state to the Senator from Kansas that the people,· have ordained it as the supreme law of the land, and to that facts in the case are contained in the report. The quartermaster of that will so expressed I always bow in humble submission. They do not departmentmadethecontractandgaveavoucheraccordingtoformNo. and never did intend that the notions or opinionsoftheir servants 22, as it was called, for the rent agreed upon, after he had adjusted the here, however honestly they may be entertained, as to their wants or claim by a proper reference. The reason it was not paid wa,s that it their welfare, shall override the plain lines of demarkation between the was cut off by the act of February 20, 1867, which prevented the Treas- powers which they have granted and those which they have withheld. ury Department from paying such a claim that had originated in States And now, sir, what is proposed by this bill? Nothing other or less that had been in insurrection, although it originated after hostilities than to take from the pockets of the people by taxation 77,000,000, and had actually ceased. apply it, under certain conditions prescribed by Congress, to the support Mr. PLillffi. That is a very important fact, but it is not set out in of one of the municipal institutions of the Sta.tes-their school system. the report. I am speaking wholly of the lack of the report; and tQ This, to my mind, is a proposition more fraught with danger to our show bow indistinct this is, while itis stated in the first part of there- system of local self-government and more menancing to the just rela­ port that a contract was made, and not by whom it was made, a letter tions existing under the Constitution between the Federal Government is introduced here from General Mizner, who says this building was oc- and the States than any ever made in our history. The benevolentfeat­ cupied "with a perfect understanding that a proper rent should be ures of the bill and the respectable motives of those who advocate it do paid, '' which I do not think expresses the idea of a contract at all. It not allay my fears. Timeo Danaos et dona ferentes. seems that it was a claim really, according to General Mizner, on a It is absolutely without precedent in any proper sense of that term. quantum meruit. There ought surelyto be theclearestandmostundeniableconstitutional I do not eare to object to the consideration of the bill, but it seems warrant for a measure so revolutionary and so radical. to me the report ought to have covered several points that it does not in We are referred by the friends of the measure to the first clause of order that we might know exactly the grounds on which the Commit- section 8 of Article I of the Constitution as conferring upon Congress tee on Claims proceeded and the theory on which the bill was to bepassecl. the authority requisite to enact this bill into a law-to what has come The bill was reported to theSenateas amended, and the amendment to be called in this debate "the general-welfare clause." was concurred in. That clause rea.ds as follows: The bill was ordered to be engrossed for a third reading, read the The Congress shall have power to lay and collect taxes, duties, imposts, and third time, and passed. . excises, to pay the debts and provide for the common defense and general wel­ fare of the United States; but all duties, imposts, and excises shall be uniform PRESIDE...~L APPROVAL. throughout the United States. A message from the President of the United States, by Mr. 0. L. Here, it is conceded, the friends of the bill must find the constitu- PRUDEN, oneofhis secretaries, announced that the President had, on the tional warrant they seek or it can not be found at all. 20th instant, approved and signed the act (S. 241) for the relief of Joseph Now in examining this clause, as all other clauses of the Constitu- W. Parish. tion, in order to .find what of legislative powers or governmental au- 1692 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23, thorities they confer, it must be always remembered that the Federal and for governing such part of them as may be employed in the service Government as established by the Constitution in its three branches, of the United States. legislative, executive, and judicial, was made the depositary by the 16. To exercise exclusive legis1.'ttion in all cases whatsoever over the States or the people of a specially described portion only of the govern­ District of Columbia and ceded places. mental powers previously existing in the plenary sovereignty of these An examination of these sixteen subjects thus committed to the con­ States. trol and charge of Congress shows them to be each and all of the utmost The great residuum of governmental powers not thus specially de­ and highest importance to the well-being and general welfare of the posited remained in the States and theirpeoples, so thatithas become people of the United States. an axiom of American constitutional law that the Federal Government It is also apparent that in regard to these sixteen subject-matters of isoneofenumeratedandspeciallydelegatedpowers, including, ofcourse, legislative control it is for the best interests and happiness of the peo­ those implied powers neces ary to give efficiency to the others, and has ple that the legislative power granted should be exercised, except in the no authority or power or jurisdiction not thus expressly conferred; while case oftbe second item in regard to borrowing money. the State governments have a plenary sovereignty, power, and juris­ Now, it is plain that the grant of power to lay and collect taxes is diction except where specially restrained or limited by their constitu­ very different in its essential character from the other grants to which tutions or that of the United States. It is not a waste of time to thus I ha>e alluded. That power does not of it.self and by itself relate to a go back to the horn-books of constitutional law, because a careful subject-matter which it is one of the interests of civilized society to consideration of the partition of power made between the common promot-e and conserve. No one is made happier or better or safer or Federal Government and tbe States creating it will, I think, go far more comfortable by the mere fact of having money taken from him in toward the solution of this question. the shape of taxes. The character of the power to lay and collect The powers and jurisdictions conferred upon this common agent, the taxes differs essentially from that of all the other powers enumerated Federal Government, were specific and enumerated, but plenary and in this section. It is an ancillary power, not one to be exercised for complete; they are, and were meant to be, exclusive either in grantor its own sake. It is necessarily attendant on the direct and substantive in exercise. The powers and jurisdictions withheld by the States were powers and jurisdictions conferred on government. likewise full and complete, so that there was never any occasion, as there In a government of limited and enumerated powers it clearly can not never was any justification, for a joint. exercise of governmental func­ be invoked for objects not within that government's jurisdiction or con­ tions. trol. It can not transcend the limitations upon those powers to which The terms in which these grants are made are general, and not particu­ it is auxiliary and attendant. I admit that this power to lay and col­ lar, and merely the subject-matter of the jurisdiction and the general lect taxes tor the purposes that are within the jurisdiction of the Fed­ scope of the powers is indicated, thus leaving the largest and widest dis­ eral Government is unlimited as to amounts and as to methods, except cretion in their exercise, and avoiding the danger of confining or tram­ in the respect expressed in the section; but I deny that it is unlimited meling the activities and energies of the Government which the Consti­ as to the purposes or occasions for which and on which it may be in­ tution created. The power in Congress to legislate is coextensive with voked. If the power to lay and collect taxes had been given without the subject of the grant, but at the same time is limited by it. more, it must be conceded that it would have been subordinate to and Congress has the largest choice of means and methods when dealing a'ttendant upon the other powers and jurisdictions conferred by the with a subject committed to its jurisdiction, but it can not move one Constitution. step in regard to matters and interests and concerns not committed to How, then, can the scope of the power be enlarged by the words ''in it by the Constitution. Within the domain of its granted authority it order to provide for the general welfare of the United 8tates," which is all-powerful, but outside of it it is absolutely powerless. With the are admitted on all banos to be words of qualification; that is to say, institutions of a State and the concerns of municipal government re­ you may lay the tax, you may take money from the pockets of the peo­ tained under State control Congress can in no wise meddle or interfere. ple to promote any object within the jurisdiction and control of the Its energies are paralyzed when they are attempted to be exerted out­ Federal Government provided it is for the general welfare of the United side of the scope of its delegated powers. States. A moral restriction, it is true, but one to be enjoined on the No argument is necessary to enforce these plain propositions of consti­ conscience of Senators and Representatives. tutionallaw. Keeping in mind then these fundamental principles, and And here it is well to call attention again to the fact that this quali­ also the whole scheme of this Government of enumerated powers erected fying purpose, for which taxes may be levied and collected, is the gen­ by the Constitution and the States with their residuum of undelegated eral welfare of the people not of the U nitcd States nor of the States but powers, what do we gather as the plain meaning of the grant of legisla­ of the political organism called the "United States." tive power contained in this eighth section of the first article of the Con· The second clause of this section granting power to borrow money ex­ stitution? Takeitwith what goes before and what comes after, consider presses it "to borrow money on the credit of the United States." That the subject-matter of the several powers enumerated, and the language shows that the words ''United States" without adding "of America" with which Article I is introduced, namely, "all legislative powers were meant to indicate the political organism known by that phrase. herein granted shall be vested," &c.-languagenotusedin introducing Surely here in the phraseology itself of the qualification, apart from the delegation of powers to either of the other two branches of the Gov­ the restrictions that come from the general scope and limitations of the ernment-and we get at the outset the impression of a carefully lim­ Constitution taken as a whole, is avery large and important restriction ited and restricted investiture of legislative powers in this body called, of the universality of the phrase "to provide for the general welfare." Congress. There are enumerated in this eighth section sixteen distinct But what are we to say when we find that this qualification of the subjects of common and public interest and concern, with regard to ancillary power of taxation is interpreted to be itself a specific grant of which Congress is invested with legislative power, not including the tax­ an independent power, to wit, a power of appropriation without limit­ ing power of the first clause or the supplementary and qualifying power ation, a new power invented, while the other question which I alluded in the eighteenth clause. What are they? Let me very briefly, with­ to at the outset of my remarks had been disposed of by saying that this out reading at large, show what are the subjects of public concern men­ c.an not be interpreted to be a. general grant of power to legislate for tioned in the eighth section of the first article: the general welfare, but must be taken in connection with the taxing 1. To borrow money on the credit of the United States. power. Now we have an interpretation which admits that t.hese words 2. To regulate commerce with foreign nations, and among the several are words of qualification, but yet contends that they do create and do States, and with the Indian tribes. grant a specific power of acertain kind, towit, a power of appropriation. 3. To establish an uniform rule of naturalization, and uniform laws This so-called indefinite and unlimited power of appropriation, if it on the subject of bankruptcies throughout the United States. exists, would break down every barrier that has been erected by the 4. To coin money and regulate the value thereof. Constitution and the scbemeofdnalgovernmentwbichitcreates against 5. To provide for the punishment of counterfeiting the securities and invasion of the reserved powers and autonomy of the States. If those current coin of the United States. subjects and those provinces of governmental power and jurisdiction 6. To establish post-offices and post-roads. which have been committed to the Federal Government, wide and great 7. To promote the progress of science and useful arts by copy1"1ghts and important as they are, do not also prescribe the limitations of tha and patents. taxing power, which, in the language of Judge Cooley, is merely " an 8. To constitute tribunals inferior to the Supreme Court. incident" of them, then it was in vain that our fathers endeavored tu 9. To define and punish piracies and felonies committed on the high form a government of limited powers. seas and offenses against the law of nations. It was not necessary to confer a special power of appropriating the 10. To declare war, grant letters of marque and reprisal, and make funds which were to be raised under the power to tax. The power to rnles concerning captures on land and water. appropriate went with the power to levy and collect the tax, so that we 11. To raise and support armies. are driven, it seems to me, to the common-sense interpretation, that tha 12. To provide and maintain a navy. words "to provide for the general welfare of the United States" are a 13. To make rules for the government and regulation of the land and qualification merely of this incidental and subordinate power of taxa­ naval forces. tion and not a specific grant of an independent power. But it is said 14. To provide for calling fort.h the militia. to execute the laws of the that to provide for the general welfaTe is the declaration of a purpose as ·cJnion. wide as the interests of humanity; so it would be in a government of 15. To provide for organizing, arming, and disciplining the militia, unlimited powers. But in our scheme of a partition of powers between 1886. CONGRESSIONAL RECORD-SENATE. 1693 the general and State governments the 11 general welfare'' that is to be ment. Could not Congress be persuaded at sometime that it was for the provided for must necessarily be that portion of the 11 general welfare'' "general welfare" that they should take this problem into their own which has been committed to the care of the General ffi>vernment. hands bypassingalaw appropriating moneyto pay the expense ofmu­ You can not read this or any other clause of the Constitution except nicipal government in whole or in part, provided the States should in the light of and in connection with all the conditions and qualifying make their city charters after this fashion or that, by enlarging or dimin­ restrictions that are made by its other provisions and the scheme of ishing the powers of local self-government? government it established. What, sir, was the great achievement of Or could it not be argued that it was for the general welfare that gov­ our fathers who framed this ffi>vernment of ours if it was not that they, ernors be ele.cted for a longer period or that Legislatures should have less for the first time in the history of governments, laid down in advance frequent sessions or that women should vote at all elections; if so, there by means of a written constitution the boundaries and limitations of is the power to appropriate the money on any conditions you choose to the power they conferred. They knew that the heart of man was ''de­ prescribe, and it only remains for the State to accept the offer and abdi­ ceitful above all things and desperately wicked," and could not be cate its functions. Can it be that our great principle of local self-gov­ trusted when assailed by lust of power, avarice, or ambition. Nay, ernment, through the autonomies of the States, is exposed to dangers they knew that the very virtues which find their home in the human like these; that our Constitution, that we thought so strong in ita breast, benevolence, patriotism, and white-robed charity, might tempt limitations as well as in its power, is so weak on a single side? Did om: men to step beyond the just limits of governmental activity, unless fathers build less wisely tl!an they thought, and after laying down the they were restrained by written organic law, ordained and established lines of demarkation between State and federal power so broad and in advance of the occasions or the exigencies that required such restraint. clear and erecting the walls of our constitutional citadel so high and They knew full well that all the governments of the civilized world, strong and on foundations so deep and permanent, leave wide open tlllil whether absolute monarchies or limited monarchies or those despot­ postern door through which the enemies of local self:.government with isms which were only tempered by assassination, professed that the the banners of centralization and absolutism flaunting in the breeze ends of their existence were domestic tranquillity, -the general welfare, can enter and possess themselves of our heritage? I do not believe it.

and the maintenance of justice6 And they also knew full well how No door was thns left open or unguarded; and I for one shall notassist often these high ends had failed of fruition and what crimes had been in taking down the bars or drawing the bolts that keep it closed. committed in their name. · They therefore proclaimed in the preamble I said, Mr. President, at the outset that there was no precedent, prop­ of the Constitution that "in order to form a more perfect union, estab­ erly so called, for the legislation proposed by this bill, and I am aware lish justice, insure domestic tranquillity, provide for the common de­ of none. This bill proposes to appropriate money to defray in part the fense, promote the general welfare, and secure the blessings of liberty expenses of the educational system-a municipal institution in the to ourselves and our posterity, they did ordain and establish this Con­ States, an institution not only clearly outside of the jurisdiction of the stitution for the United St..1.tes of America.'' In other words, this was Federal Government, but exclusively within that of the States, and their plan for securing those great ends of all civilized governments, now conducted and actively managed and controlled by the States. and which had failed of realization in the other governments of the Now, I have shown, if I have·shown anything, and the Senator from world. Texas and the Senator from Alabama have shown better than I, that No words more significant or of graver import wer~ ever penned than the power to appropriate money raised by taxation (and which is an those contained in this preamble of the Constitution. They in effect incident of the power to levy and collect the tax) can only be exercised said, all these great ends of government which all human societies seek for purposes within the scope of Federal jurisdiction and control, and to achieve but measurably 1hll to realize we propose to accomplish then only to provide for the general welfare of the United States, and and make realities by creating a government of delegated and enumer­ that there is no possible right to control or attempt to control the sub· ated and strictly limited powers. We propose to make the experiment jects over which the States have retained their complete authority. If by the means and the methods and in the manner hereinafter set forth. auy of the cases of appropriation by Congress under the power alleged We will promote and provide for "the general welfare" by leaving to be conferred by this general-welfare clause have touched or affected nothing to chance or the caprice of the moment, by declaring in writ­ the municipal institutions and concerns of the States then actively man­ ing and by explicit language in what respect and how that general aged and conducted by them, I have failed to observe it. welfare iS to be provided for and promoted. How, then, without a vio­ I do not, in distinguishing from the present case the cases cited as lation of this manifest spirit of our Constitution, can we assert that precedents in the past history of the country, impose on myself the task this clause of the Constitution so introduced can cr83.te a power to ap­ of finding for them constitutional warrant. I merely call attention to propriate the money of the people not only to an OQiect not within the what I believe to be the ihct, that they none of them involved the ap­ jurisdiction ofthe Government, but clearly andexclusivelywithin the propriation of money for matters, institutions, or concerns that were ex­ jnrisdiction'of the States. clusively and actively controlled and managed by the States. This Government, within the legitimate sphere of its action, stands NoTfj1 admit that the opinions of those entitled to speak with author­ erect, efficient, and omnipotent; its powers are plenary and complete. ity are conflicting. ltlr. Jefferson can be cited on both sides of this It has none that are uncertain, or are dependent on permission of prince, que;tion, and so can 1\Ir. Monroe, who acknowledges in his message of potentate, or political organism outside of itself. Its just powers can Uay 4, 1822, th..1.t his mind had undergone a change respecting the be asserted everywhere and against all opposition. Why then seek to po'iVcr of appropriation. And it is worthy of remark that in that mes­ introduceconfnsionand disorder into this admirably arranged and wisely s::tge respecting the bill for the repair of the Cumberland road the constructed system of State and National Governments. Consent can burden of his argument was to show that the words "to provide for the not confer jurisdiction, and the consent of the States can not enlarge common defense and general welfare" did not import a separate and the constitutional scope of Federal power. There is only one way in independent grant of power, which, as he remarked, "would in effect which the consent of the States can be efficient lor that purpose, aDtl break down all barriers between the States and the General Government that is the way pointed out in the Constitution for its amendment. If and con olidate the whole under the latter," but indicated the purpose the field of jurisdiction is denied to the Federal Government andre­ for which taxes were authorized to be laid and collected. I am content tained by the States, you can not enter it by force, you can not assert to rest the decision of the question on the argument made by Mr. 1\Iad­ your authority in invitum; this will be at once conceded. Then is it ison and quoted by the Senator from Alabamu.-the citations from not just as much ultra vi1·es to enter it by stealth, or by reason of the Judge Cooley's work on taxation made by the Senator from Texas in negligence or the passiven~ss of those to whom it rightfully belongs? his speech of Thursday last. To these I add the crown of Chief-J nstice · What difference in principle is there between an assertion of a right Marshall's opinion in Gibbons vs. Ogden, which, though obiter, is ne>er­ of control to be exercised in invitum over one of the municipal institu­ thelcss weighty and authoritative: tions of the States and the exercise of the sa. me power under a license This does not interfere ·with the p:>We i." of the S~J.te3 to ta..: fvr the supp:>rt of purchased from theStates? Whetheryou force your way in or buy your the ir own goycrnments- way into the prohibited domain can matter little, except that the latter is the more demoralizing method of the two. Speaking of this very clause that Con6ress is authorized to levy and col­ Is it to be believed that powers can come to the General Government lect taxes, &c., to pay the debts and pr.:>vide for the common defense as the result of negotiation, persuasion, or bargain with the States; that and general welfare of the United States- the general-welfare clause gives a power of appropriation to Congress nor is the exercise of that power by the St.ate3 au exercise of n.uy portion of which is dormant until it is awakened and energized by negotiation the power tha t is granted to the tJnited Stale3. In imposing-taxes for State pur­ and bargain between the States and Federal ffi>vernment? po es they a1-e not doing what Congress is empowered to do. Congt·ess is not empowered to tax for t hose purpo es which are within the exclusiYe province The argument in its favor can be and has been reduced to an absurd­ ofthe Stutes. (Gibbons vs. Ogden, 9 Wheaton, page 199.) ity by pointing ont the ca es that must logically follow such a prec­ edent. If in the opinion of good men here in Congress the judicial 1r. President, I trush that it m:.ty not be thought presumption in m,e system of a State or States seems bad or to need improvement, all Con­ if I beg Senators older iu experience and wiser than I to hesitate long gress would have to do would be to p:lSS a law JIL.'tking an appropriation before taking the firsh step in this n e'i\" and unexplored pathway of Fed­ under the general-welfare clause offering to defray all the expenses of eralencroachment. Down its du.rk vi tasisee shapes of direful portent the judicial esbblishment of the States, provided the States conformed and I shrink from the encounter. Q,·cr the leveled bulwarks of the the appointment of their judges, the constitution of their courts, and Constitution will come thTonging thick and Jhst the armies of centTal­ the general administration of justice to the provisions prescl'ibed by ization and the enemies of local self-government. \Ve may still :find the law. The States are struggling with the problem of city govern- lile worth liring under the new dispensation, but we will neYer cease 1694 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23 1 to mourn the Constitution of our fathers wounded to death in the house gle thing which so thoroughly illustrates the popular character of this of its friends. body, and of the House of Representatives, as this fact, equally appli­ Mr. President, I have no desire to see the map of the United States cable to both bodies. This is a public assize, and the legislation which painted over with one color, whether that color be a royal purple or we adopt is pe:rhaps as nearly related to an honest, conservative, and socialistic red. I at least shall not assist in thus oblitemting the lines permanent public opinion as though it were adopted by a. mass conven­ of the States, and with them the ancient landmarks of the Constitu­ tion of all the people of the United States assembled for that purpose tion. and having time enough and opportunity to fairly discuss the proposi­ Mr. GEORGE. I desire to ask the Senator from Dela.ware a question. tions that might he submitted. I desire to know if the Senator has expressed any opinion, or if he has In addressing the Senate, therefore, upon this question I do not do so not is he willing to express it now, as to the power of Congress to do­ with the expectation of changing any votes here or of influencing in any nate the public lands to the States in aid of education? way the decision of this body upon this great and very important ques­ 1\Ir. GRAY. I did not think it worth while within the line I had tion; but I do it as my justification to the people who sent me here for laid down for myselfto address myself to the question which has just the vote I give, and who have a right to, as they will carefully, con­ been put by the Senator from Mississippi. I did not undertake to dis­ sider what I do and the reasons which I may give for my action, and cuss, nor do I undertake now to discuss, what particular power or leg­ also for the benefit of that greater public which has a. claim upon· each islative authority there was in Congress in the past history of our country member of this body, no matter from what State he comes. to donate the -proceeds of the public lands or the lands themselves-! In the first place this legislation is anomalous. There is no one who do not know whether there are such grants-for the purposes of educa­ can point out a. law on the statute-book which not only appropriates tion. money for present expenses or for present operations or purposes and I was content to leave that argnment and that distinction where it at the same time projects a similar expenditure into the future. When was left by the Senator from Alabama [Mr. MORGAN]. He very fully, I speak of the future I do. not speak alone of the future which is men­ very ably, and very clearly, as I thought, did distinguish between the tioned in this bill, the eight years of time which, according to its terms, power of Congress to deal with the public lands or their proceeds, which it is to cover, but I speak of the indefinite future reaching far beyond had been given to the United States as a political organism or corpora­ that, because, as has well been said here, these appropriations will not tion by the States upon a specified and stated trust, and its power over stop at eight years. The appetite which they will have created-an money raised by taxation. I do not think I could add anything to the abnormal distension of what may be called the school systems of the force oftbe argument with which he sustained the difference between several States, and especially of the Southern States-will not be satis­ that specific trust in regard to that part of the lands..ceded to the Gen­ fied with a peremptory cutting off of the pabulum upon which they eral Government by the States and the trust that, as was argued by the have been fed at the expiration of eight years; but unless the ab olute Senator from New York [Mr. EVABTS], attaches to and is impressed unwisdom of the appropriation shall finally have been established, and upon_ all grants of power. I can only say that the argument made by unless the appetites which have been fed thereby have been gorged to the Senator from Alabama impressed me as one that was sound and repletion, there will be an assemblage of influence and interest repre­ one which did draw a. distinction that was not without importance in sented by caucuses, by political movements in the several States, by its application to this matter. conventions, and by elections, that will have pledged members and Sen­ 1l!r. President, not in the line of an answer to the question put by the ators to come here and vote to continue that which we are about, I fear Senator from Mississippi, but because I omitted in the remarks which unwisely, to begin. I made to allude to it as I intended to do, I will present now, if I may So, 1\Ir. President, we are committing now the National Government be permitted, certain language which is used in a very able article on to a. policy which is to call upon us for expenditures for perhaps gen­ the constitutionality of this bill which I find in a New Orleans paper, erations to come, and expenditures which will finally be the means of the Daily Picayune, because the language of that writer does suggest embracing within their scope either the entire educational system of an interpretation of these words which has been anxiously sought for the States, or at least snch a supervision of them as will constantly call by so many Senators, and in regard to the interpretation of which I for these additional appropriations. confess there are difficulties. I say that this writer has suggested a Who knows where this money is to come from? The Secretary of the reading, a. gloss of that section, which is worthy of attentive considera­ Treasury in his annual report, recently submitted to Congress, estimates tion. He says: thatthe requirements of the National Government, including the sink­ The action of the convention that planned the instrument- ingfund, will this year exhausttheentirerevenue of the Government. Will any one vote tor this bill if by so doing he is required at the next The Constitution- moment of time to impose taxes whereby the money to be appropri­ teaches the same lesson. ated shall beleviedfrom the people of the United States? Who so wise Augu.§lt 5, 1787, the clause in question appeared as follows: "The Legislature of the United State.~ shall have the power to lay and collect taxes, duties, im­ as to know or even be able to give any reasonable assurance that within posts, and excises." (5 Elliott's Debates, 376.) twelve months he may not be required to impose taxes in order that August 25,1787, Mr. Sherman moved to add to the clause: "For the payment the requirements of this bill may be met? of said debts and for defraying the expenses that shall be incurred for the com­ mon defense and general welfare." (Ibid., 476.) We have a constantly increasing pension-roll based upon a. legal ob­ ThL<> addition was then deemed unnecessary; but on September 4 "1\Ir. Brearly ligation assumed by the United States Government when it called into from the committee of eleven"- its service two millions of men for the national defense. Ea-ch year the Which I believe was the committee of style- amount of money required to satisfy it increases. There has already modified nnd added to it; and the subsequent" committee on revision" approved been proposed by the other branch of Congress an increase of annual the amendment, so that the clause now reads: "To lay and collect taxes, duties, levy for that purpose of some six or seven million dollars, and measures impo ts, and excises [to pay the debts and provide for the co=on defense and are pending in both bodies based upon justice, demanded I might say general welfare of the United States]. by a fair consideration of that which is legally due to the men whom I read that because, apart from the interest in it as part of the his­ the Government invited to enlist and who on that invitation did enlist tory of the formation of the Constitution, it lets us see something of for the national defense, which, if carried out even partially will not the formative process by which this result was reached in our present only exhaust all existing sources of revenue, but will deprive the sink­ Constitution. It also suggests, most happily I submit, to my mind at ing fund out of which the national debt is to be discharged of that which least, that these words should now be so interpreted and that inter­ we have solemnly pledged by law it shall always contain. pretation contained in Mr. Sherman's amendment or suggestion is to­ I know that the very magnitude of this appropriation is a recommen­ day the true interpretation and the only one that is consistent with all dation. I know that a proposition to appropriate $77,000,000isseventy­ the other limitations of the Constitution, its letter and its spirit. So seven times as strong as would be a. proposition to appropriate a million then this power to lay and collect taxes means that they can be raised in dollars. We have become so accustomed to financial operations of order to defray the expenses incurred in providing for the common de­ great magnitude that there is something attractive in them. We are fense and general welfare of the United States. That seems to be the like the man who built the Union Pacific Railroad, traven:;ing a great right, logica.l, and sensible construction, one that reconciles all parts of range of mountains and binding together the Atlanti4 and the Pacific the Constitution to it, harmonizes the supposed conflict that has been by an iron rail. He never would consent to build a. railroad 30 or 40 alluded to in this debate, and leaves it still with the ramparts and the miles long or to engage in any of the smaller transactions of life. His bulwarks of the Constitution unimpaired in all its pristine strength abilities, his faculties, his ambitions were all attuned to greater things. and vigor. And so when we come to consider money matters we spurn under our Mr. PLUUB. Mr. President-- feet sums of money that thirty years ago would have been regarded as Mr. TELLER. I ask the Senator to yield that I may make an an­ of the greatest possible consequence. So, as I said, the larger the sum nouncement. The Senator from Oregon [Mr. MITCHELL] gave notice the more attractive it is and the greater the freedom with which we that at 2 o'clock to-day he desired to discuss the Chinese question. He vote. So this bill appropriating $77,000,000 is attractive by reason of is sick and confined to his room, and desires me to say that he will ask its magnitude. I only wonder that the wise prevision of its framer­ permission to address the Senate on Thursday at 2 o'clock. not the Republican caucus but the Senator from New Hampshire-did Mr. PLUMR. Ur. President, it is so thoroughly understood that not make it ten times $77:000,000, and so anticipate with confidence speeches made here do not convince those to whom they are nominally a unanimous vote in this and the other body. addressed, that I take it it is universally understood equally that they But, 1tfr. President, the time is coming, soon to be here, liable to are made for the outside public. I do not think there is any other sin- come at any moment, when the question of an abundant revenue or of 1886. CONGRESSIONAL RECORD-SENATE. 1695 a deficit is to be measured by hundreds of thousands of dollars, and he one of his advertisements to the people of the North or to the people who would impose burdens upon the Treasury must by the same token of the Old Country ''we are all right here, except that if you come impose burdens upon the tax-payers to meet them. This bill was the yon must understand we have not money enough to educate your chil­ outgrowth of the demoralized condition of things which always pre­ dren.'' Will any immigration bureau under the auspices of any State cedes a Presidential campaign. If there is any time in which the Con­ put forth a statement of that kind? gress of the United States or the people who mold public opinion are On the contrary, are not the newspapers and all the public prints less qualified than at any other time for the serious concerns of gov­ filled with statements exactly the opposite? The South is not repre·· ernment, for that wise and careful prevision of financial affairs that senting to-day its inability to carry on a system of education which ought always to be an accompaniment of legislation, it is that period will be broad enough and extensive enough and useful enough to which precedes a Presidential election, when issues are being made, embmce every single child of school age within its limits. Quite the when the interests of candidates are being forwarded, and when weare contrary. laying plans and traps whereby we may catch our unwary adversaries. A great deal has been said about the loss of slaves. As was well said At that time measures for the benefit of some individual person or some by my colleague, the destruction of slavery was no pecuniary loss to class of persons or some section of the country are always attractive, and the South. The property was all there; it was simply the ownership then there is a rush pell-mell, every party seeking to outrun every other that was changed. The decline in taxable valuation from 1860 to 1870 party in devotion to that particular interest in order to get votes. This represented everything that could possibly be said as the result of the measure was the outgrowth of that demoralized and that demoralizing devastation of war, including the removal from the tax-roll of the slaves, epoch immediately preceding the last Presidential election. But for who before that time had been taxed as other property. that it never would have had a respectable vote in this body, and but Mr. GEORGE. Will the Senator allow me to make an explanation? for that its chanees of passage would be at the minimum. Mr. PLUMB. I will. Mr. President, I have here a statement of the taxable valuation of Mr. GEORGE. I presume that in the other Southern States, like some of the Southern States for 1860 and since, which I use as an ex­ it was in Uississippi before the war, slave property was not taxed by ample. valuation, but taxed per capita. So the value of the slaves never went Assessed valuation. into the aggregate value of the taxable property of the St.'\te. Mr. PLU.?lffi. Then the Senator from Mississippi would be saying in States. Year. Population. .As~S:i~~al- effect that South Caroiina lost by reason of the destruction of property during the war 300,000,000. Mr. GEORGE. I do not know that that is true in reference to South 1860 700,708 $(89, 319, 128 Carolina. I only speak in reference to Iississippi, and I suppo e it 1870 705,606 183, 913, 337 applies to the other States. Other Senators can speak for those States. 1880 995,577 133, 560, 135 all 1860 140,42{ 68,929,685 Mr. PLUMB. At events, the taxable valuation as shown now 1870 187,748 32,480,843 represents land, houses, cattle, horses, hogs-everything of that kind :::=~=~~.::::.~::::: ~::::::: ::::::::::::~:::::::{ 1880 269,493 30,938,308 that is property elsewhere. 1860 964,201 432,19 ,762 Mr. GEORGE. If the Senator will allow me, I will make another AlabaiiUI...... - ...... { 1870 996,922 155, 582, 595 1880 1,262,505 1~,867,2~ statement on that subject. Since the war taxation in the South has 1860 708,002 435, 787. 265 been tending to include all classes of property. Before the war a great Louisiana ...... 1870 726,915 253, 371, 890 1880 939,946 I 60, 162, 439 deal of property was never t.'lxed at alL For instance, I can speak in 1860 1,057,286 618, 232, 387 reference to my own State. No money securities of any sort were ever Georgia ...... 1870 1,184,109 227,219,519 taxed before the war in Mississippi, except securities given for money 1880 1,542,180 239, 472,599 1860 992,662 292, 297,602 loaned. North Carolina...... 1870 1,071,361 130,378,6~ Mr. PLUMB. Remembering, as I do, the extent to which the South 1880 1,399, 750 156, 100, 202 was indebted to the North abontthetimeofthewar, and what became 1860 1,596,318 6.'57, 021, 336 Virginia...... 1870 1,225,163 365,439,917 of that indebtedness, I presume there was no property of that kind to 1880 1,512,565 308, 455, 135 be taxed. There had been taken out of the taxable property of the Southern States, and had been prior to the year 1870, all the destruc­ Now I say, what everyman knows, that I can count on the fingers of tion of property accruing because of the war, including the destruction my two hands the members on this floor who are actually in favor of this of slave property a.nd every other thing that had tended to depreciate measure, who will dare avow that they are for it as anoriginalproposi­ that property. I do not care to comment to any considerable extent tion or as one that commends itself to their judgment. But one man on the fact that some of the States have shown a diminution of taxable says, ''I made incautiously somewhere a speech in favor of it, and at a valuation according to the returns between 1870 and 1880, that while time when I did not consider the surroundings;" and another man says, they increase in population they decrease in taxable valuati{)n; but I "My Legislature say they want me to vote for it;" and so on all the desire to call attention to the fact that every Southern State had more way around. If there could be some way of voting upon this measure miles of railroad in 1880 than it had in 1870, more iron furnaces, and without meeting these conditions it would have practically no support. more of all the things that go to make up wealth than they ever had I do not believe legislation thus enacted is likely to be wise. before. What is the justification for it? The Senator from New Hampshire But take it as it is now, with every single thing charged off that said what I thinknoSouthernSenatorhasyetsaid, that it was because could possibly be charged to the war, the Southern States which I have the Southern States were unable themselves to meet the requirements named have a taxable valuation shown by the figures of 1880, and on of popular education within their limits. In speaking of the devasta­ the basis of that I say that every single one of them is able, financially tion of the war and its result he says: able, to take care of and give a good, fair common-school education to We helped to create that devastation. We destroyed slavery in the joint effort every child of school age within its limits. whe1·ein the resistance of the Southerner was just as necessary as the aggression Who is to pay this money and who is to get it? I have a table here of the N ortberner. In no other way could that institution have been destroyed which exhibits what certain Stutes get and what they pay under this bill: at all; and it was destroyed for the general good, for the national good; as we .Alabama- Delaware- all know1 it was an institution for which the nation as a nation, the whole peo­ ple, Nortn as well as South, were responsible. Having accomplished a common Gets ...... $5,370,848 Pay ...... ~05,251 good,and the people in that portion of the country which was the particular scene Pays...... 1, 767,5f!l Florida- of its devastations being left without property, having to reconstruct society, Arkansas- Gets...... 993,548 to reconstruct their institutions and establish a new system of labor among them Gets ...... 2, 503,170 Pays...... 377,290 and make the masses of laborers intelligent, white as well as black-under these Pays...... 1,123, 535 Georgia- circumstances, it being the demonstration of the census and in fact commonly California- Gets ...... 6,448,482 known to all men that theyha.vegonetotheveryextentoftheircapacity to bear G-ets...... 662,051 Pays...... 2,159, 052 the burdens of taxation, and yet have not reached the point of the education of Pays...... 1, 210, 5TI illinois- their children as a whole, I think: there is a moral obligation, I think: there is a Colorado- Gets .• ...... 1, 801, 616 legal nnd a constitutional obligation, a national obligation on the part of the Gets...... 129,783 Indi~~ ...... 4,300,019 whole people to assist our friends at the South temporarily until they are fairly on Pays...... 272,057 their feet and can enter on the great race of life with a fair opportunity and a Connecticut- G-ets ...... 1,372,441 fair chance with their brothers in other and more highly favored portions of the Gets...... 352,202 Pay ...... ~...... 2, 749,621 country. Pays ...... _...... 871,780 Iowa- Delawa re- G-ets...... 577,532 I take issue with that as a statement of a fact. I say that it is not Gets...... 2!0,559 Pays...... 2, 274, 461 a fact; and no Senator has arisen as I think on the Democratic side of the Chamber to say that such is the fact. Here before me sits one of 1\Ir. GEORGE. What does the Senator mean by a State paying so the most enterprising and active of the business men of what is known much? as the Empire State of the South, Georgia. He has had occasion in :Mr. PLUMB. I mean that is the proportion of this 77,000,000 the exercise of his business of managing railroads and of manufacturing which is levied upon and paid by the people of the respective S.tates. iron and so on to put forth advertisements, prospectuses, representa­ Mr. GEORGE. If levied according to direct taxation by the Fed­ tions in regard to the resources of that great State, showing how invit­ eral ratio? ing it was for immigration, how the laboring man was wanted there Ur. PLUUB. Collected by the Government of the United States on and how the capitalist was wanted there and everybody else was the clothing we wear, the sugar, the salt, and so on, that we eat, just as wanted there i~ order that he migh~ make money and get great re­ we pay all the nation~l taxes tha~ are levied. turns from havrng gone the1e. I think he-would not havea.dded to l\1r. HARRIS. Is 1t a calcnlatlon on the basiS of population? 1696 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23,

Mr. PLUMB. On the basis of population by the census of 1880, in by the Senator from New Hampshire, is absolutely untrue; that there which I beg the Senate to bear in mind that no account is taken of the is not a single Southern State but that is just as able to educate to the increase in the population since that date of the Western States, nor extent.Pf giving a reasonable common-school education to its school the increase yet to come; their constant increase will make them bear children as any Northern State is. a much larger burden than is here shown. I will carry the statement The State of New Hampshire pays $485,787 ~f this expenditure and through all the States and Territories. gets $177,216. I imagine that even the astute and eloquent Senator Kansas- Pennsylvania- from New Hampshire will have some little trouble in justifying his Gets...... $489,147 advocaey of this bill, which levies $300,000 net off the wage-workers of Pays ...... 1, 894, 534 ~=~s:::::::::::::::::::::::::::::::::~; ~; g~ Kentucky- Rhode Island- that State to give topeoplewho do not need it. I will takeoneortwo Gets ...... 4, 316, 930 Gets...... 307, 210 fm·ther samples. Pays ...... 2, 308, 166 Pays...... 387, 143 New York gets 2,721,066, and pays $7,116,019; North Carolina gets Louisiana- South Carolina- Gets ...... 3, 945,051 the snug sum of$5,749,121, and pays $1,959,650; South Carolina getB Pays...... 1, 315, 924 ~=;~::::::::::::::::::::::::::::::::: t: g:: ~~ $4,582,792, and pays $1,393,807; Tennessee gets $5,089,262, and pays 1\!aine- · Tennessee-- $2,159,302; Virginia gets $5,332,498, and pays $2,117,591; Wisconsin Gets ...... 274, 708 gets $688,420, and pays $1,841,695. Pays...... 908, 510 ~:;~::::::::::::::::::::::::::::::::: g: ~~: ~ MarylAnd- Texas- There should be justification for this inequality. It is not to be done Gets ...... 1, 666, 442 Gets ...... 3, 920, 913 by argument. It must be demonstrated. I do not <'.are whether the Pays ...... 1, 308, 920 Pays...... 2, 228, 448 Massachusetts- Vermont-- measure is constitutional or not; it is enough to say that it is not a wise Gets ...... 1, 152, 116 expenditure of public money. I can say on the construction of the Con­ Pays...... ~ ...... 2,496,319 ~=~~:·::·.::·.'.'.'.'.'.:: : :::::::::::::::::: !~: ~ stitution, however, that if this be constitutional, then hereafter there Michigan- Virginia- Gets...... 789,592 are no States except as they exist in the imagination, because they have Pays ...... 2, 291, 711 ~!~s::: : ::::::::::::::::::::::::::::: ~: ii~; ~~f no function whi-il that exists. of the country as another, and that it equally calls for a national con­ Mr. PLUMB. Mr. President, thepeopleoftheSouthernStates, like tribution for a remedy. the people of the Northern States, not only assess their own property ~Ir. PLUMB. I think I shall show-at least I have already demon­ but impose their own taxes. The Senator, for the purpose of showing strated to my own satisfaction by the investigation which I have given the necessity of this appropriation, published certain tables in that to this subject-that the theory on which this bill proceeds, as stated number of the RECORD which he had all to himself. I quoted the tax- 1886. CONGRESSIONAL RECORD-SENATE. 1697 able property of some of the Southern States. The States which I population, and let us see what the difference is. Since 1865 the State quoted from I only used as samples. I did not select them. They of Kansas has appropriated for common schools morethan$29,000,000, fairly represent the whole. South Carolina, with a taxable valuation and every dollar that it has appropriated has proved an attraction for in 1880 of$133,000,000, paid$440,000for school purposes. TheSouth­ the State to all the people of the United States seeking homes, and it ern States, too, have cheaper State and local government than the North­ has thereby added y~ by year to its population and wealth according ern States. In the South the county is the unit of local government. to its expenditure for this great and noble purpose. Thirty million There are no such subdivisions as are known in the North. In the dollars in thirty years, and an expenditure for the last year of nearly State of Kansas, which is a fair sample of the Northern States, there 3, 000,000 ! Talk about a levy of 12 mills! What the people of Kan~ are subdivisions within the counties having taxable power, the road sas have asked is not what they would like to pay: not alone either district, the school district, the township, the town, and the city, every what they were able to pay, but what thesituationdemandedofthem. one of them having independent taxing power and every one of them A little hamlet to-day rises on what was yesterday a naked and unoc­ supreme within a limit fixed by the Legislature, and not a narrow cupied plain, and under the law of that State where there is a school limit neither in regard to levying taxes for the purposes for which these district containing twelve children the electors (and that embraces in different subdivisions of the municipality are created. that State for all school purposes women as well as men) get together I asked the Senator from Arkansas [1\ir. BERRY] what per cent. was in school meeting, patterned after the town meeting of New England, paid in the State of Arkansas. He said that they pay for all purposes, where every man and every woman votes, and levy a tax for the purpose State, county, and school purposes, outside of the great cities, 12 mills of building a school-house, and if the taxable valuation is not sufficient on the dollar. for that purpose they pledge the future by the issue of bonds in order Mr. BLAIR. What State is that? that there may be no delay in beginning the education oftheir children. Mr. PLUMB. Arkansas. Is it true then thn.t the Southern States And then follow adequate levies for the payment of teachers and other require the levying of taxes on the North to help them? expenses. . Mr. BLAIR. Will the Senator allow me to correct him? The school-house is the principal object around which the settlement :Mr. PLUMB. Not at all; lam speakingoftheSenatorfromArka,n~. centers. The one thing which the man who settles on the Kansas soil :Mr. BLAIR. The Senator from Arkansas would do well to study will not be without is the facility for schooling his children~ and where the teachings of the census on that same point. I will, however, take the school-house is planted, where the spirit exists to erect and main­ occasion to reply later. tain it, other spirits of the same kind, oilier ambitious, energetic, Mr. PLUMB. I am quoting the Senator from Arkansas who sits in forceful, intelligent people come, and the hamlet of to-day is the or­ front of me. He said to me yesterday, and I made ·a memorandum of ganized county of to-morrow; and swift after this population come it, that the entire levy of taxes in that State, except in the cities, did railroads. It is the sign by which the people of Kansas have conquered; not exceed 12 mills. - and what they have done is not single and alone to them. While they Mr. BLAIR. It is $2.12 on the hundred dollars. have been doing this Nebraska has been doing the same thing. Dakota, :Mr. BERRY. In speaking to the Senator from Kansas yesterday I Colorado, all the Western States and Territories are engaged in the had reference to the counties particularly in my locality, in the north­ same work in the same way by means of the same self-sacrifice. ern part of the State. I stated to him that in other sections of the A levy of 12 mills is more than the average in the country districts of State, especially in the cities, the taxes were higher on account of tlie the South for all purposes. While in Alabama a few years ago, talking county debts that had been entailed upon them and that they were with one of the keenest, wisest men of business of that State, he said still owing. to me that the only drawback was the rate oftaxation. When I asked 1tfr. PLUMB. That does not differ from my statement at all. I him what it was, he said," Well, it is 1 per cent., but I think we can stated that outside of the cities the gross levy for all purposes in the get it down to about 8 mills." He had spoken kindly of Kansas, about State of Arkansas is 12 mills. its growth, its enterpri e, and so on. When I told him that our people :Mr. BLAIR. It is $2.12. levied sometimes 2~ and sometimes even as much as 5 percent. in a single Mr. PLUMB. I ask any Senator on this floor whether that is the year for school purposes alone, such was their determination to have full tax-paying capacity of the State of Arkansas? Of that only five educational facilities, to have all the appliances of a highly ordered gov­ mills are levied for school purposes, and the balance for other county ernment, be was amazed. and State :purposes. The State of Kansas in 1870, with_a taxable valua­ The spirit which shirks the pa.yment of taxes, of the imposition of tion of 92,000,000, levied 672,000 for schools, while the State of South necessary burdens, never builds school-houses or railroads. I know Carolina with $133,000,000 of taxable valuation, more than 50 per there may be, a-s there often is, such a thing as overtaxation, but there cent. greater, the same year levied 50 per cent. less for school purposes. is also that which "withholdeth more than is meet and it tendeth to Mr. BLAIR. I understand the Senator from Kansas does not wish poverty." One of the results of low taxes in the South is la<:k of in­ to be interrupted by me, but I should like to correct him in regard to terest in public affairs. Why is it that our census tables and election his own State. . returns show that less votes are cast in proportion in most of the elec­ Mr. PLilliB. I decline to yield to the Senator from New Hamp­ tion districts of the South than in those of the North? Why is it that shire. He not only had two days of time but one entire number of there is lack of interest in county affairs, including schools? It is be­ the RECORD to make his speech in. When I have gone as far as he ho.s cause the one aspiration, the one determination, is that the government then I shall yield to him. shall be cheap, and so long as it is cheap the electors and property­ Mr. BLAIR. I thought the Senator might like to be accurate about owners are s..

Mr. GEORGE. Everything else is taxed? se~:~f.s in sixteenth and thirty-sixth sections in TelTitories not grnnted, but re­ Mr. PLUMB. h"'verything else is taxed. Lands in place and indemnity for deficieucie.CJ in sections and townships, un­ :Mr. GEORGE. Is the taxation according to the actual value of the der act.s of May 20, 1826, and February 26, 1859, included in above statement. property? Mr. :PLUMB. It is a valuation which is reqqired to be uniform. I Something has been said abouttheqnestionofthe school fund arising do not think it extends in every case to the actual value of the property; out of the appropriation of sections 16 and 36. Every State admitted that is, to its selling value, but I presume the same rule applies there into the Union since 1846 has had sections 16 and 36. The States ad­ as elsewhere; the people assess their own property, and theruleoflaw mitted prior to that time had one section to each township. is that it shall be taxed at its actual value in cash. So the newer States, like Kansas and Nebraska., are not the only ones Mr. GEORGE. Does the Senator mean to say that the property of that have had lands for school purposes. Mississippi had 837,584 acres. Kansas would sell for the amount at which it is assessed or for more? Mr. FRYE. For common schools? Mr. PLUMB. It would probably sell for its assessed value-possibly Mr. PLUMB. For common schools. for more. I do not mean to say that all property bears 5 per cent. tax J.Ir. GEORGE. Will the Senator allow me to make an explanation every year; what I mean to say is that the amount is graded not ac­ there? I do not want to interrupt him unless it is agreeable to him. cording to what would ordin:uily be called the ability to pay, but ac­ Mr. PLUMB. All right. cording to the necessity which exists of having schools, and that the M. GEORGE. I desire to make a statement in reference to the six­ question of rate is not allowed to stand between the settler there and teenth sections in Mississippi. Under the law of the St..'lte and of Con­ the school facilities which he regards as material for his children. It gress the sixteenth sections were leased for ninety-nine years. Nearly may be 5 per cent., it may be 2 per cent., it may be 1 per cent. In all the sixteenth sections were leased before the war, and where the the city in which I live the school-tax alone is 1 per cent. In some of title had vested and the money had been loaned, in nearly every in­ the country districts it is a great deal more. Of course it varies, and stance the fund was lost by the general insolvency arising from the war. as the population becomes more dense the tax: becomes less; but I will That is the fact about it. venture to say that there is not a school district in that State in which Mr. PLUMB. I have said nothing about what has become of these it is as low as it is in the State of .Arkansas to-day, according to the state­ lands. I have no doubt that, like the fund which was given to States ment of the Senator from Arkansas-5 mills. It is oftener over 1 per under the act of 1837, much of it has been misappropriated and lost. cent. than under, and it is now lower in all the older settled portions 1\Ir. GEORGE. It was not misappropriated. of the State than it has been. Mr. PLUMB. Well, lost, then, by misadventure. A false impression has been created as to the question of taxation for Mr. GEORGE. It was sold, :md the money loaned to good and sol­ sehool purpo es in Kansas and elsewhere. I see that the Commissioner vent men at the time they borrowed it; but when pay-day came they of Education gives utterance to it in his report for 1883-'84. Speaking were nearly all bankrupt. of the school system of Kansas he says: Mr. PLUMB. Some of the Southern States have had besides swamp The public schools are supported from the proceeds of all lands granted by laud and indemnity for swamp lands, and those swamp lands, as we all the United States, including 500,000 acres given to new States under act of Sep­ know now, were largely good agricultural lands. They were granted tember 4,1841- to the several States upon the theory that they not only needed recla­ That is not very material, but I can state for his benefit that not one mation, but that the States themselves stoort ready with monPy tore­ acre of that land goes into the school fund- claim them. That reclamation never has been made, and the lands and also sections 16 and 36 in every township, granted by act of .January 29, have been used for the purpose of swelling the revenues of the sev­ 1861 ; from estates of those dying without heir or will; from such per cent. as may be granted by Congress on the sale of lands in the State- eral States. I do not speak of this to complain of it, but I speak of it simply as showing that tho e States have had benefits from the na­ That is the 5 per cent.- tional Treasury which more than equal those whith have been had by from a yearly tax of 1 mill on S1; and from an a.nnua.l fee of $50 paid by every insurance company doing business in the State. the Western States. Alabamahashad already, oris in process of now getting, 479,500acres; He states that as the sum of all the sums paid in Kansas for school .Arkansas, 8,652,000; Florida, 15,656,000acres; andihavealetter from purposes, when it was but a small fraction. As I said, the tn.x for the Secretary of the Interior, in which he says that the claim of Florida school purposes in that State amounted last year to nearly $3,000,000, adds to that by nearly 3,000,000 acres, amounting to about 18,000,000 with a school population of about 460,000. The entire amount realized acres for the State of Florida. Illinois has 3,000,000; Indiana, 1,000,- as income on the fund granted by the United States Government and 000; Iowa, 3,000,000; Louisiana, under the act of 1849, has 10,817,- including all the escheats and the fines and forfeitures in the State 000, and under the act of 1850 543 000 acres; Mississippi, 3,070,000 which go into the school fund only furnished 80 cents on the scholar. acres; .l'tlissouri, 4,719,000 acres; and so on. The balance was appropriated and paid by the people themselves by In addition to that those States had their distributive shares each of direct taxation levied upon their property. them of the fund of 1837. That 1icc'tble is contained in the speech of the I have here a table showing the amount that has been granted to Senator from New Hampshire, and if there is no objection I will incor­ every State in the Union for school purposes. porate it into mine only for the purpose of showing that there is no Statement of grants to States and reservations to Territories for school pur­ foundation for the charge that the Western States admitted since 1846 poses. have had any advantage from the national Treasury or from the com­ mon fund, either in lands or money, that all the Southern Sta.tes have States and Territories. Total area. Dates of grants. not equally had. Statement respect·ing the surpl·us rer:enue deposit of 1837, and the educational SECTION 16. Acres. use made by each State receiving a part thereof. Ohio ...... 704,488 March 3,1803. Indiana...... •...... 650,317 April 19, 1816. 958,066 April 18,1818. ~l~~~:i::::::·.:::::·:::.:::::::::::::::::::::::::::::::·: 1,199,139 M:S.rch 6, 1820. Names of States receiving parts of the deposit. Amount re­ 902,774 1\larch 2, 1819. ceived. tfi~~~pi·.:·.:::·.::·::::::::::::::::::::::::::::::::::: 837,584 March 3, 1803; May 19, 1852; March 3, 1857. Louisiana...... 786,0« April21, 1806; February Alabama...... •...... •...... •...... •...... $669,083 95 15,1843. Arkansas ...... •...... •...... 286,751 49 1\Iichigan ...... 1,067,397 .June 23,1836. Connecticut ...... 764,670 60 Arkansas...... 886,460 Do. Delaware ...... •...... 2 • 751 49 Florida ...... •...... 908,503 March 3, }.845. Georgia. .•...... 1,0<>'1.,422 09 905,144 Do. Illinois ...... •...... •...... •...... 477,919 1~ ~~~;;~r;;·::::::::·::.::::::::::::::::::::::::::::::::: 958,6~9 August 6, 1846. Indiana...... 860,254 44 1, 433, 754 39 SECTIONS 16 AND 35. ~tti~i~~::::::::::·:.:::::::::·.::::::·.:::::::::::::::::::::::::::::·:::::.·:::::::::::::::::::: 447,919 14 1\iaine...... •...... •...... •...... 955,83 25 California ...... 6, 719, 324 Act March 3, 1853. Maryland ...... 955,838 25 Minnesota...... 2, 969-, 990 February 26, 1857. 1\lassachusetts ...... •....•...... 1, 3.'18, 173 5 Oregon...... 3, 329,706 February 1~, 1859. 286,75l 4.9 Kan as...... 2,801,306 January 29,1861. 382 335 30 382' 335 30 Ne>ada...... ································-·· 3, 985,428 March 21, 1864. [~!~:~·.:.:.::.:::·.::.:.:.:.::·:·:·:.:.:.:.::·:·:·:·::.:.:.:::·:·:·:·::·::·::·:·:::.::::·:·::·:·::·::·:·:·:·:·:·:·:·:·:::·:·:·::·:·:::.. ::·::::: Nebraska...... 2, 702,044 April19, 1864. New Hampshire ...... •...... 669:086 79 Colorado...... 3, 715,555 March 3, 1875. · New .Jersey ...... •...... •...... 76!,679 60 Washington Territory...... 2,488,675 March 2, 1853. New York ...... •...... •...•...... 4, 014, 520 71 New Mexico Territory...... 4, 309, 368 September 9, 1850; July North Carolina...... ••...... •....•••...... •....•...... 1, 433, 757 39 22,1854. Ohio ...... •....•...... 2, 077. 260 34 Utah Territory...... 3, 003, 613 September 9, 1850. Pennsylvania ...... •...... •...... 2, 7,514 78 Dakota Territory...... 5, 366,451 March 2, 1861. Rhode Island ...... •...... 382,335 30 :Montana Territory...... 5, 112,035 February 28, 1861. South Carolina...... 1, 051, 422 09 Arizona Terri tory...... 4, 050, 347 1\Iay 26, 1864. Tennessee ...... 1, 433, 757 39 Idaho Territory...... 3, 068,231 March 3, 1863. 669,086 79 Wyoming Territory...... 3, 480,281 .July 25, 1868. ~r::~~ :::::::::::::::::::::::::: ::::.·.·::::.·: ::::::::::: ::.·::::: :::.·. ·::::.·:::::::::: ::: :::::: 2, 198, 427 9-i 1------1 Total...... 67 r893, 919 Twenty-six States...... 28,181, 644 91

No grants to Indian and Alaska. Territories. 1886. CONGRESSIONAL RECORD-SENATE. 1699

The fact is in the raee for appropriations I think the general result bill does not become a law in this Congress it will never receive one­ is a pretty even divide. third ofthe votes of this body in any other Congress. Mr. President, it is not money that the Southern States lack, it is If I believed the South was engaged in a vain struggle, liable to be the pirit to do the work and to make the necessary sacrifice. You ingulfed under the ignorance of its population, that it had exhausted may give them from the national Treasury not only $77,000,000, but every resource which a spirit.ed people could put forth for the purpose ten times seventy-seven million, and every dollar you give them of meeting it, then I should say not only appropriate this money for will be not a help to education, but actually a disaster to it. Money eight years, but I should say, considering these people as absolutely de­ does not educate people. Education is born of the determination to pendent, let us adopt a system not for to-day nor for eight years to know, of that keen instinct quick to discern the ad vanktge of know­ come, but for all the coming tim'e, to meet that poverty which can not ing, followed by the determination to put forth every effort and to use supply means of education-than which no poverty can be more abject. every appfunce in order that the requisition may be made. Is the A people who have got railroads, whohave gotrich and fertile lands, native sitting under the bread-fruit tree of the equatorial region, who ina. favorable climate, near to markets, can never be so poor that they can has only to open his mouth and it is filled, thereby stimulated to exer­ not take from their labor enough to educate their children and leave tion? Will the South hanging upon the national Treasury fund for them an abundance with which to fill their stomuchs and clothe their school purposes, and justifying itself by the claim that the North owes backs. Poverty of that sort is not the poverty of inability but that of this money to it because slavery was abolished, and that therefore yon sloth. The people of Kansas, who have taxed themselves, who bave are getting your own, be likely to be stimulated to the effort without mortgaged the· future, who have borne every burden willingly in order which there can be no effective education? that their children might have a better education than they them elves No, Mr. Prerident, the passage of this bill and the distribution of this had, ought not to be levied upon to make up for the sloth and indiffer­ money is a serious blow to the educational system of the South. What ence of a people who a:re not willing to tax themselves in order that it needs is the stimulus of self-help; and in the four or five years last they may have equal advantages. past, during which time I have given attention to this subject, I am When there is a flood on the Lower M1ssissippi Congress is appealed glad to say that the South is increasing year by year its expenditures to and responds in generous appropriations; but there h..we been mis­ for school purposes, and the cause of education has been sensibly quick­ fortunes to the people of Kansas and Nebraska far more devastating ened. If let alone and allowed to stand upon its own resources and not than any flood that ever overflowed the banks of the Mississippi River; encouraged to believe that it can hang like a leech upon the national and yet picking up fresh courage from every new misforttine, asking Treasury it will coutinue to increase the scope and efficiency of its sys­ nothing from any one but simply planting their feet more firmly upon tem, stimulated by a rising appreciation of the necessity of education the ground, addressing themselves to the great problem before them for all its people, and as it widens the foundation of the structure, as it with more zeal and earnestness and determina,tion they ha>e sur­ adds school-house by school-house, teacher by teacher, out of the money mounted every misfortune. It was because they had the spirit of de­ that it has earned, and which it must earn before it can pay, it will find termination, because they had courage, because they had industry that that a structure thus built will be enduring to the end, and will not they succeeded, and without these there can be no education, there can be shaken by storms or undermined by neglect; and it is only such a he no civilization; and donations bring neither education nor civiliza­ system as th:tt which can be of any value to the South or to anybody tion. else. I ask Northern Senators if they will vote to tax the many small farms, There are places in th.e State of Massachusetts where there are more the many shop and forges already bearing the largest proportionate illiterates than there are in the State of Kansas, and places in the State burden of taxation imposed, as they always do, the money necessary to ofMassachusettswheretherearemore illiterates than there are in certain carry out the provisions of this bill? If they do, let them consider well places in the Southern States. Kansas has a less proportion of illiter­ of their reasons. And why levy a great burden ou the Territories de­ ates than I\Iassachusetts by more than 60 per cent. That does not nec­ nied admi ion as States, struggling with all the ad ve~ circum tances essarily mean that the great body of the people of Kansas are more in­ attending new and frontier ettlements? Is it manly thus to impo e telligent than those of Massachusetts. There is a certain amount of on them? Let not this injustice be done in the sacred name of educa­ illitera~y that can not be removed. The millennium will not come this tion. year. There will always be people who can not read and write. There Mr. CALL. Mr. President, there is nothing that affords a greater is a certain amount of froth upon the surface of every great swiftly­ contrast than the plain, simple fact when contrasted with declarations flowing river. The illiteracy prevailing in Massachusetts can not be of theory and opinion. There have been grave questions made in regard materially reduced by levying taxes, just as it can not be considerably to this bill, and an examination of the merits of the people of the re­ reduced in Kansas. In other words, both States have substantially got spective States and sections has been largely entered upon. It has been to the maximum of what money will do. The illiteracy is one of im­ sa.id that the illiteracy in some portions of the country is due to the portation, and not of local origin. fault of the people there; thatthereisabundantability, taxable sources So in the South there is the illiteracy which the war found there, the of revenue, to ustain a. proper system of public instruction throughout black people of the age offifty, sixty, seventy-five, and even a hundred the States where it prevails. years. No amount ofmoneywill ever remove that. It is not intended Suppose we leave that subject for one moment and consider that the while they are used as the basis of this distribution that they shall ever Unit-ed States collected from the people of the Southern States, where have any of the benefit of it. But as these are eliminated from time the greatest need for aid to education exists, between si.~ty and seventy to time, and as the people down there are inspired by their appreciation million dollars without authority of law and paid it into the Treasury of the need of universal education, not only as a good in itself, but as of the United States, and that it still remains there, the property ofthe a means to pecuniary prosperity, all other kinds of illiteracy will dis­ people from whom it was taken. What is the result and what the ob­ appear as well. ligation of that fact? What matters it what superiority there may or I am glad to bear testimony to the courageous men on the other side may not be in different portions of this country, if that fuct be true, of this Chamber who put aside as unworthy of them that portion of this and if there is illiteracy and there is a need of education, what is the fund which goes to their States. Look at Alabama, for instance, lying constitutional objection, or the moral objection, or the political objec­ between two great systems of na viga.ble waters. There is more coal and tion to the payment of that money, unlawfully in the Treasury of the more iron in t !le space of 125 miles between the upper waters of the United States and taken from the people of these Southern States? Tennessee, flowing into the Ohio, and the waters of the Big Warrior, But we have grave constitutional arguments here to show that while leading into 1he Gulf of Mexico, than there is in the entire State of that money did get into the Treasury by the operations of the Govern­ Pennsylvania. The taxable values of that State are increasing by more ment, that while it got there by the exercise of the constitution~ pow­ thun $7,000,000 each year. Every year it is more and more becoming ers of the Government, although unlawfully exerted, yet there is no a great factor in the iron production of this country, and every year the constitutional power to pay it out, even for purposes which concern the people of that great State are pluming themselves on the fact thatthey people of all the States. are running a race with Pennsylvania in the production of iron and coal. I think that fact is a sufficient answer to the Senator from Kansas More favorably located than Pennsylvania, with water courses open and to his objections to this bill, that here is a large om of money taken all the year round that touch the borders of their great iron and coal from the people of the States where illiteracy most prevails, at a time production, do they want money out of the national Treasury? Are when their industries were disordered, when there was no power tore­ they willing wlu"1e they make advertisement to the people of the world su citate all the various sources from which industry derives its support, of their richness in all material resources, of their energy and their am­ while there was no power to direct efficiently the labor of the country, bition, that it shall be accompanied by a statement that "while weare and still held by the national Treasury. thus rich, the people that come within our borders must be prepared But it is not necessary to enter into a discussion of the questions either to educate their own children or to join us in a raid upon the :raised by the Senator from Kansas. It is idle to deny the fact that a Treasury of the United States because we have not got the money to great war had destroyed the relations of society, the relations of in­ do it ourselves?" dustry; that it had destroyed the values of property, and that those I know the people of tlk1.t State do not want it. I know the people people have not yet recovered from that war. Be the fact what it may of Georgia do not want it. I know that those people left to themselves, in regard to the superior economies of the people of Kansas or any other away from the devices of politics and politicians, putting aside with the State it does not touch the question that the result of the great civil contempt which it deserves this talk about the debt of the North to the war left the Southern people and the Southern States with disordered South, will always say they do not want it; and I prophesythatifthis industry, with landed property which had no convertible value in 1700 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23,

money, and that its effects still remain; and that no people, either in be drawn between the injury to the States iu accepting the proceeds of Kansas or anywhere else in the world, have ever striven with more the sales of the public lands and the public lands themselves and the economy, with more industry, nor appropriated their means with more injury that will result from accepting the money derived directly by liberality to the great burden of educa.tion that came upon them from taxes manifestly has no foundation either iu reason or iu the experience these circumstances. of the country. I think that is a satisfactory reply. Three hundred The :figures which the Senator from New Hampshire has furnished and more million dollars of the taxes on the people of this country have and bas had printed in the RECORD abundantly evidence that fact; been expended iu the purchase of the public domain, and it has been they abundantly establish the present needs of the country, the fact appropriated in this form for educational purposes in every State iu the that there is an increasing illiteracy throughout the country, the fact Union, the State of Kansas Teceiving nearly 3,000,000 acres of this that there is a necessity for a greater applicationofmoney than can be public land, worth at lea.st $10 per acre, or about $28,000,000 of this obtained from the taxable resources of the people of these States, and public money, and all of the States receiving their 5 per cent., as they it is with that question and its consequences that we are called upon are to-day receiving it, of the proceeds of the sales of public lands. The to-day to deal. · State of Kansas r~eiving in money from this source $346,318.24. How do we approach that question? \Ve find the gravest constitu­ tional objections urged against this bill. Senators can find in this $laiement of the grants to States a11d 1·eservations to Territories for school simple appropriation of money not so great as the sum belonging to pU1JJOSe8. them in the Treasury to be accepted or rejected by the States at their will, to be applied through their own State officers, and with there­ States and Territories. Total area. Dates of grants. quirement only of a condition applicable to all appropriations and grants of public money, that it, shall be applied tothepurposeforwhich it is intended. They find in this simple fad agraveconstitutionalob­ SECTIO~ 16. Acres. jection, that it interferes with the autonomy of the States, that it is de­ Ohio ...... 704,488 l\Iarch 3, 1803. structive of their sovereign power of legislation, that it in-vades the bar­ Indiana ...... 650,317 .Aprill9, 1816. rier interposed by the Constitution between State and Federal power, Illinois ...... 985,006 .April18, 1818. 1\fi ouri...... 1, 199,139 March 6, 1820. that although money was appropriated to purchase Louisiana and a Alabama...... 902,774 March 2, 1819. part of Texas, although the people were taxed to buy Alaska, and l\Iississippi ...... 837,584 l\Iarch 3, 1803; :May 19, although neither of these ads is pretended to be within the specific 1852 ; March 3, 1857. I,ouisiana...... 780,041 .A pril2l, 1806; February grants of power, for which alone under the argument of the objectors 15,1843. to this bill, money can be appropriated, yet no power can be found Michigan ...... 1,067,397 June 23,1836. to apply the money realized from taxea in aid of education even with Arkan as...... : ...... 886,460 Do. Florida ...... 908,503 March 3, 1845. the consent of the States where it is to be expended. Iowa ...... 905,144 Do. Nothing, I think, will more clearly establish how futile these ideas 'Visconsin ...... 95 ,64.9 .August 6, 1846. are than the fact that it has been regarded as a proper subject of State SECTIONS 16 AND 36, and Federal power that a State might cede its territory to the United States. The State of Texas ceded to the United States for a consider­ California ...... 6, 719, 324 .Act March 3,1 53. iu 1\Iiunesota...... 2, 969,990 February 26,1857. ation paid money enough empire to make two or three States. The Oregon ...... 3, 329, 706 February 14, 18-39. power was found in the Constitution for that, and where was it found? Kansas ...... 2. 801,300 January 29, l&ll. Can it be said that the right of a State and the Fede1·al Government to Nevada...... 3, 985, 428 March 21, 1864. make a compact by which the territory of the State is surrendered to Nebraska ...... 2, 702,044 .April19, 1864. Colorado ...... 3, 715, 555 March 3, 1875. he held at the discretion of the National Government is less dangerous Washington Territory ...... 2, 488, 675 March 2, 1853. to State autonomy than the power to accept a gift? There is no dis­ New Mexico Territory...... 4,309,368 September 9, 1850; July cretion or limitation either upon the State or upon the Government of 22,1854. Utah Territory...... 3, 003,613 September 9, 1850. the United States. If they may cede their territory by a compact and Dakota Territory...... 5, 366,451 l\1arch 2,1861. it be accepted, they may extinguish the State government entirely. If Montana Territory ...... 5, ll2, 035 February 28, 186L there is a power for a part there is a power for the whole, and it will Arizona Territory...... 4, 050, 347 May 26, 1864. Idaho Territory ...... 3, 068, 23l l\farch 3, 1863. not do to construe the Constitution upon any such narrow and imprac­ Wyoming Territory ...... 3, 480,281 July 25,1868. ticable ideas as these. Time and again the power of a State and the Federal Government to Total ...... 67,893,919 make a compact by which the State ceded her territory to the United States has been recognized and affirmed, and it creates no apprehension No grants to Indian and .Alaska. Territories. and no alarm; but manifestly I reiterate such a power may be so used Lands in sixteenth and thirty-sixth sections in Territories not granted, but reserved. as to be absolutely destructive of the theory of an indestructible State. Lands in place and indemnity for deficiencies in sections and town hips, How, then, shall we construe bhe Constitution? Simply by the prop­ under acts of l\Iay 20,1826, and February 26,1859, included in above statement. osition that it contains two great principles, the one of national govern­ The following statement shows the number of acres granted to the ment and national authority and the other of State authority, and that States and reserved iu the Territories of Washington, New Uexico, and neither can as a matter of power interfere with the other. . This con­ Utah, for university purposes, by·acts of Congress, the da'tes of which struction of the Constitution has prevailed throughout the whole history are given iu proper column: of this Government. None other is practicable. We :find as theresultofthis that the publicdomainofthe United States, Grants and resen;afions for universities. estimated to be 1,849,000,000 acres, cost forthepurchase$322,049,000, paid by the Government of the United States out of the taxable reve­ nues of the country, paid by taxes imposed upon the people of the Slates and Territories. Total area. Under what acts. United States under the powers of the Constitution. COST PER ACRE OF THE PUBLIC DOMAIX-P"L'RCHASE .U.J> CESSIONS, Acres. Ohio ...... G9,120 April 21,1792; March 3,1803. The entire public domain contained (estimated) cessions, 259,171,787 acres; Indiana...... 46,0RO .April19, 1816; March 26,1804. purchases, 1,593,139,200 acres; total, 1,8;)2,310,987 acres; cost, S88,157,389.98, which Illinois ...... 46,080 March 26, 1804; .Aprill8 1818. is 4f cents per acre. l\iisSOUI"i ...... , .. ,,,,.,,,,,,.,,,,,.,, ... . 46,080 February17,1818; Manili-6,1820. Purchases-cost, 1,957,389.98; contained 1,593,139,200 acres; cost 5-fu cents per Alabama ...... 46,080 April 20,1818; March 2,1819. acre. 46,080 Iarch3, 1803; February 20,1819. Louisiana purchase-cost, $27,267,62L98; contained 756,961,280 acres; cost 3~ ~~~i!tt·::::.:·:::::::::::::::::::::::::: 46,080 .April 21, 1806; March 3, 1811; cents per acre. March 3, 1827. Eat and West Florida, from Spain-cost, $6,489,768; contained37,931,520acres; Michigan ...... 46,080 June 23,1836. co. t 17-fu cents per acre. Arkansas ...... 46,080 Do. Menco, Grladalupe Hidalgo-cost, $15,000,000; contained 334,H3,5~acres; cost Florida...... 92,160 March 3, 1845. 4-i cents per acre. Iowa ...... 46,080 Do. Texas purchase, 18-50-co t $16,000,000; contained 65,130,880 acres; cost 24{;! Wisconsin ...... 92,160 .A ugust6,1846; December 15,18.'». cents per acre. California ...... 46,080 l'tlarch 3, 1853. Mexico, Gadsden purchase, 1853-cost $10,000,000; cont..1.ined 29,H2,400 acres; Minnesota...... 82,640 March 2, 1861; February 26, 1857; cost 34-fu cents per acre. July 8,1870. Alaska from Russia, 1867-cost, $7,200,000; contained 369,529,600 acres; cost Oregon ...... 46,080 FebruaryH,l859; l\Inrch2,1801. l!a cent.s per acre. Kansas ...... 46,080 January 29,1861. State cessions, from Georgia-cost, $6,200,000; contained 56,689,920 acres; cost Nevada ...... 46,080 July 4,1866. lOU cents per acre. The United States has disposed of (estimated) 547,754,483.88 acres of public do­ Nebraska ...... 46,080 .Apl·i119,1864. main, exclusive of Tennessee, and received therefor, net, $200,702,849.11, or Colorado ...... 46,080 March 3, 1875. nearly 3&/u cents per acre. Washington Territory ...... 46,080 July 17,1854; l\Iarch 14, 18&1. The public domain contains (estimated) 1,852,310,987 acres, and cost for pur­ New Mexico Territory...... 46,080 July 22, 1854. chase, Indians, survey, and disposition, $322,049,595.96, or about 17t cents per Utah Territory ...... 46,080 February 21, 1855. acre. Total...... 1,165,520 We find that vast portions of this money have passed by dooo.tion ac­ cepted. by the States to all of the States, and the distinction that can Lands in the Territories not granted, but reserved. 1886. CONGREfi5SIONAL RECORD- SEN... ~TE, 1701

TWO, THREE,. AND FIVE PER CE!ereignty, and assuredly it would not be lawful for the General States. 2 per cent. 3 per cent. 5 per cent·. Aggregate. Government to exercise any power which it possessed to the destruction of the proper sovereignty of the States, nor would it be on the part of the States to exercise any authority to the destruction of any of the Alabama...... $!05, 178 81 $607,678 22 ...... n, o12, ss1 03 Arkansas...... $232,317 03 232,317 03 powers intrusted to the National Government. That is the only dis­ Colorado...... 9,589 73 9,589 73 tinction which has guided the Governmmt in the exercise of its powers, Florida...... 33,162 27 33,162 27 and the only reasonable one which can guide it. Iowa...... 626,075 16 626,075 16 Illinois...... 5712,744 82 ...... 712,744 82 But I said that we stood now with new sunoundings, and what are Indiana...... 618,277 50 ...... 618,m 50 those? We have no census and no statistical tables which can tell us Kansas...... $34.6,318 24 346,318 24 the number of unemployed people in the United States. We have no Louisian::t...... 315,676 36 315,676 36 N ichigan ...... 484, 645 04 484,645 04 means of knowing what the extent of want, what the extent of po>erty, Minnesota...... 148,854 92 148,854 92 what the extent of suffering in this country is; but we know that North l\fississippi...... $395,528 64 601,377 86 ...... 996,906 50 and South there is a want of employment for the people of the country; Missouri...... 15, 587 78 535,836 05 ...... 551,423 83 Nebraska...... 137,685 79 137,685 79 that agriculture alone is open to great masses of people. We :find in the Nevada...... 8,319 84 8,319 84 statistical reports even of the Commonwealth of Massachusetts, where Ohio...... 596,634 10 ...... 596,634 10 labor is more equally divided and distributed, where education and in­ Oregon...... 34,911 09 34,911 0!1 'Visconsin...... 466,670 51 466,670 51 dustrial education is more general than anywhere else, that by the sta­ tistics of Massachusetts even there there jg a necessity for industrial Total...... 816,295 23 3,672,548 55 2,844,225 98 ?,333,069 76 education; that there is a necessity for education among some classes of the people greater than their system provides. Even there less than Why shall we argue upon these questions and :find con.c;titutional dif­ 50 per cent. of their people are employed; the remainder have no em­ ficulties, :first toward paying back the money unlawfully collected from ployment and are not producers. the people of the Southern St:a.tes and now in the Treasury, for an ob­ We are confronted with the proposition that with the labor-saving Ject common to all for a benefit that will result to every State and to machinery that has been invented, that with the great corporations ali the people of the United States. Second, why shall we :find objec­ and the great increase of corporate power everywhere in the country, tions to giving the money in aid of education, when we :find that the there is a necessity for something that will distribute labor, for some­ same money invested in the $300,000, 000 of public land has been paid thing that will diversify labor, forsomethingthatwillenablethewhole out to:.m extent twice as great as the whole amount provided to be paid people of the country to relieve themselves from their present condition in the bill? of poverty and of want. We :find that we are in an age when the com­ Sir, this bill is but a small proportion of the amount that has been munications of the country are so rapid and quick, when by the tele­ appropriated continuously and without .objection with the consent of graph the speed of lightning is given to thought and all nations and every State and of the people by the United States to the cause of edu­ peoples are placed in direct and immediate communication, the power cation. It seems strange to me, with this continuous experience on the of combination is associating the laboring people of the world every­ part of the Government, renewed Congress after Congress, this appro­ where until they can dictate to the communities and to the sources of priation of a sum of money much larger in the aggregate than that now employment the terms of their employment. proposed to be expended, that we should still :find these urgent consti­ I regard it as a favorable and an auspicious feature in the economy tutional objections to this act so common in the history of the Govern­ of this time, but it must be accompanied with education. It is a fea-r­ ment and attempt to justify it by a distinction between taxes now to ful power which takes the attribute that has hitherto belonged to gov­ be levied and taxes levied in the past and then invested in public lands ernment and gives it to an associated body of m~n federated throughout and then applied to the purposes of education. the world the power of directing the actions of large bodies of people. We still apply the 5 per cent. of the proceeds of the sales of. the pub­ It is necessary, in my opinion, for the comfort of the laboring people, lic lands paid in the Treasury every year to this benefit, accepted by for their protection against want and suffering; but it must be accompa­ the States and received by them. If it is unconstitutional to appro­ nied with education, it must be accompanied with the power to diver­ priate money out of the Treasury to the cause of education because it sify employment, it must be accompanied with that kind of education · s not provided for in the Constitution, there is not one of the appro­ which will enable every man to be an independent factor and laborer priations of the 5 per cent. of the proceeds of the sales of the public in the community; and when the law of a relentless competition shall lands that is not equally within the constitutional inhibition. have made one employment unprofitable,. when he or she may not be But I do not found my support of the bill upon any question of res­ able to obtain employment there, they must be so educated that they titution to the people of the Southern States or of justice or injustice can turn their attention to some other employment fitted for them and to this or that section of the Union-not because of the war or the results labor in that. of the war. To-day, standing as a Senator here, I propose to legislate Therefore I recognize in the present condition of things a necessity for the present and the future. The past is irrevocable. To my mind for aid from the General Government wherever a State may be found we stand to-day in a new generation and with new surroundings. We that is not able to afford education to her people, and I do not regard have a new world and new economies, and we have but two great guid­ it with any apprehension that it shall be upon such terms not interfer­ ing stars and principles to control us in the exercise of the powers con­ ing with the internal autonomy of the State, not interfering with her ferred upon us, and that is the preservation of the National Government power to control education, but that it shall be upon such reasonable and the preservation of the States in their respective spheres of action. terms to be accepted by the State as will require that education shall I recognize the power to aid States and the power of the States to aid be provided with the means furnished for the purpose by the Govern­ the National Government as within the sphere of constitutional power, ment of the United States. and I ask the Senators who have made their arguments here denying It has been urged that this is a local interest, that this is a necessity it, I ask those who have quoted from Judge Cooley in regard to the for that community and for none other. I do not take such a view ot power of the Federal and State Governments, and from Judge :Marshall the case. I consider that if there be any St:a.te within this Union now to the effect that the General Government can not tax for an object of or hereafter that from any cause shall be so crippled in its resources that State power and the State government cannot tax for an objec of Fed­ it can not perform for her people the functions which were retained and eral power, how is it that they pay year after year the loans made by reserved in her constitution, to aid that State with a gift of the public the different States in aid of the General Government during the late money would be in the interest and for the benefit of ~very other State civil war and the money expended by the States for the suppression of of the United States and for every other people in the United States. Indian hostilities? I believe it is just as legitimate and as clearly wise as iJ; was for the These are each powers not enumerated in the specific grants. The States of the Union in the late war to loan their money to equip troops, States are not charged with the common defense. The Federal Gov­ to expend their taxes in the maintenance of the Union, or as it was for ernment is charged with the power and duty of defending each State the States to have organized troops and suppressed the Indian hostili-. from war and invasion. How, then, can you recognize its power to tax ties, and then to ask the Government of the United States that they ts people for this Federal duty, and appropriate money to pay them for should be reimbursed for that money. I can see no difference between exercising an unconstitutional and prohibited power? Consent, you the two propositions, except that here it is proposed to give this money, say, can not give power or jurisdiction. and it :finds its justification in fact so far as the Southern States are con­ How is it, if it be unconstitutional for the National Government to cerned in the fact that the Government holds $77,000,000 of their money, aid the States by an appropriation of money, that from the very be­ though I do not need that. I am prepared to vote as a Senator money ginning of the history of this Government the States have been paid by to aid them wherever it is necessary to maintain the existence of a State the National Government the money that they had used and expended government, wherever her people are without the means to maintain and loaned in the suppression of Indian hostilities and later in the civil that autonomy, and if it be neces..."11ry to loan money with her consent, war in the equipment of troops and the general expenditures for the to give money to rehabilitate that Stn.te and that people, I shall find mainten:mC'e of the war? no constitutional ob'ections toward doin(J' it. 1702 CONGRESSIONAL RECORD-SENATE. FEBRUARY 23,

But we are told that there must be self-reliance in the people, and fund by announcing that the Congress has a perfect right to tax South, that it is the want of self-reliance in these great communities of South­ North, East, or West for the general welfare. The money has been col­ ern States that has caused this lack of education. The contrast be­ lected and long ago expended for the general welfare, and therefore I tween the State of Kansas and other Western States and the Southern can not see how the Senator can get into his heart or mind to make Stutes has no foundation in reason. They were the centers of a large another raid upon the Treasury to get that money out after it has been and prosperous emigration. They were the centers to which a popula­ expended, having once been collected and expended for the general wel­ tion was crowding; with land suitable for the production of cereals fare. ready at once to be converted into profitable agriculture; while the I do not think that the South will ever assert any claim to that $60,000,- agriculture of the Southern States, with a peculiar population, was one 000 or 70,000,000 on any account; but if it should ever assert a claim, that drove away this vast tide of emigration. it will be certain, I think, to try to pay the money back into the hands Pour into the Southern States the same emigration and the same peo­ of the men who put it into the Treasury, and not to divert it to some ple and you will find that there is no peculiarity in the soil there, or other purpose. If the people of the South have been required to pay in the climate there, or in the sunoundings there which will prevent $60,000,000or $70!000,000 cotton tax unconstitutionally into the Treas­ the same people upon the soil of the Southern States, under the same. ury of the United States, it is the plain duty of the Government of the circumstances, from producing the same results. But put a few of them United States to refund that money to the people who paid it, and not there in the midst of a different population, accustomed to other proc­ to take the money, and by some cy pres or eleemosynary arrangement esses of labor, themselves to be educated not only in the habits of free transfer it to other people. to benefit them. We have no claim to this labor and free industry, but in the economies that are necessary, and $77,000,000 based upon that ground. put them in the midst of a population that have to be taught every­ There are about 10,000,000 or $12,000,000 in the Treasury which thing, and yon will find as great a difference with the people of Kansas were collected, I believe, by the confiscation of property or property situated as the Southern people are as you will find between them there which was seized in thenameofthe United States in the hands of own­ at this time and those in the free States. ers and supposed to be confiscated. Perhaps it was not confiscated. But howis this donation of money going to affect the self-reliance of The persons from whom that money was taken, the persons whose cot­ the people? I venture to affirm that the Southern people have been ton was taken and the cotton sold under proceedings of confiscation and taxed to the utmost limits of possible payment. The values there are placed in the Treasury would have a. clear right individually to go upon not convertible values. The railroads built there are built with foreign the Treasury of the United States and to ask us to vote the money back capital, under conditions of exemption from taxation for many years. to them in the event that the Government of the United States had no In a great manyifnot in all cases every inducement has been held out right to take it. But in that case also the money ought to go back to to capital. The land is not a convertible asset. It is ~ed far beyond the hands of the people from whom the cotton was taken, and not take its convertible value, for that is almost absolutely nothing. The whole their money and convert it into a general fund for the education of amount of taxation is paid out of the labor of the people. It is not somebody else. That is not the proper way to treat claimants against paid out of value which can be converted; it is paid out of the annual the Government of the United States. agric~tural labor of the country, which is the sole resource of the There are a great many honest and just claims against the Govern­ people. mentor the United States now being pressed here. We voted on some If this donation of money shall destroy the self-reliance of the peo­ to-day; a great many are to be voted upon; many millions of dollars ple, how has it been thatthose 3,00Q,000acresnearlyof public land do­ have been voted, but we never once thought that because that money nated to the people of Kansas and this 5 per cent. upon the proceeds of had found its way into the Treasury of the United States, or because the sales of the public lands, equal in value to thirty millions of dollars the Government of the United States was indebted to those people, in the State of Kansas, has not destroyed their self-reliance? I hold therefore we had the right to take the funds which we found there and in my hand the table of the distribution of the proceeds of the sales of appropriate them to any purpose that we saw proper. We pay the the public lands or the surplus money in the Treasury which has been money back to the men who suffered, to the men who put it in the the foundation of the great systems of education in many of the West­ Treasury, and it would be just as bold a usurpation and as great a ern and Northern States, robbery for the Government of the United States to take a private citi­ Why has not that destroyed the self-reliance of the people? Ur. zen's money andgive ittoanother manas it would be to take that 60,- President, there is no foundation for that proposition. Unquestionably, 000,000 or S70,000,000 that the people of the South have paid, people to sustain these people entirely from the national Treasury would be I will say of the Gulf States, and pay it for the education of people in unwise and absurd, but a moderate appropriation to be invested prop­ the Middle States. erly in the encouragement of education, in the establishment of schools That is all the reply I propose to make to the Senator from Florida everywhere, in maintaining teachers for a limited time, could have no about this matter, but while I am on my feet I desire to call the atten­ . permanent effect upon the self-reliance of the people. tion of the Senate to this statement made by the Senator from New There are tasks too great to be accomplished by an impoverished peo­ Hampshire on the 17th of this month: ple, and this danger is pressing upon. us. A hundred million people will The LegL~ature of Alabama, the Senator's own Legislature, has done H unani­ soon be here. They will need employment and they will need educa­ mously. tion of the head and the hand. They will need that which every des­ That is to say, instructed the Senators from that State to vote for this potic government has already undertaken because of the necessity to bill. It struck me with a good deal of astonishment that a Senator provide employment for the people. Sir, this is a necessity which will should make a statement of that kind on this floor which at the mo­ admit of no denial and no delay. Ignorance, the lack of employment, ment I was unprepared to answer. i knew I had never received any the want of capacity to earn a living will crush a stronger government such instruction, nor had I ever heard of it; but the Senator of conr e than any that has ever existed in the world. The associations of labor knows more about the business of my people than I do myself. He which are telling everywhere the story of their wrongs and sufferings, doubtless understands not only the business but the necessities and the the want of employment, the lack of compensation, the stern oppression welfare and all that belongs to the people of Alabama better than I do. which they feel, evidences, I think, to every enlightened statesman that And there is one great consolation to me in this new style of legisla­ there must be some other, some wider, sor&e more efficient education tion that we are starting on, and that is that the people of Alabama than that now existing; and I can see no impropriety in the National after all will have the benefit of the talent and the industry and the Government, which has expended the proceeds of the public lands to an benevolence of the Senator from New Hampshire in the management extent twice or three times greater than the appropriation asked for of their local affairs. That, sir, is a boon which I could scarcely reject here-! can see no objection to Government aid in the midst of this without ~eing guilty even of impropriety, to say nothing of impolite­ necessity, with the increasing illiteracy in the South unfitting the people ness. for the duties of citizenship or for the employments of life except the Now, let us see what the Legislature of Alabama has actually done. single one of an imperfect agriculture, the single one of an agriculture I read from a dispatch in a paper published in Montgomery, which re­ not in accordance with the spirit of the age, with the intelligence of the fened to a statement made by my colleague that he was voting in obe­ age confined to one or two staples alone, and with the utter impossi­ dience to the instructions of his State on this bill, which proceeds to say: bility within this generation of that ignorance being relieved. At its session of 1882-'83 the Aln.bamn. Legislature adopted the following joint memorial asking aid from the Federal Government for eductl.tional purposes : Sir, I am in favor of appropriating money to the full extent of 60,- "That the Senators and Representatives in Congress from this State be re­ 000,000 or $70,000,000 improperly taken from the Southern States, and quested to secure the passage of a bill granting aid to education in the several now held in the Treasury, for this purpose of general education, of in­ States on the basis of illiteracy, the amount so appropriated to be applied by the dustrinl education, and I find no difficulty whatever in any of the pro­ several States through their superintendents of education. " Appro>ed December 11, 1882." visions of the Constitution in giving to it my support. Mr. MORGAN. I do not think there are$50,000,000 or $60,000,000 That is all my State has ever done, memorialized Congress asking now held in the Treasury that had been taxed out of the people of the that the Senators should advocate bills here for aid to education to be South, I suppose out of the cotton tax. Is that what the Senator from paid to the cause of education through the State superintendents. The Florida referred to ? Senator from Florida asks me if that is not this bill. I do not know Mr. CALL. I do not say thatthatjnstifies itinyourvieworinany­ that it is. I rather think it is not. I proceed with the editorial of this body's view. I would not give that for my justification. paper: Mr. MORGAN. I donotthinkthatmoneyisin theTreasnry. That There is a wide difference between "reque ting" and "instructing" Sena­ tors, which no one understands better U1an Ur. Pugh, an~ he must the~efo:e money doubtless has been long ago expended for the general welfare, have been ignorant as to the exact wording of the resolutiOn. \Ve publish Jt, and the Senator bars himself from making any reclamation upon that therefore, that he may again read it and refresh his memory. 1886. CONGRESSIONAL RECORD- HOUSE. 1703

Now, the Blair bill, as it is called, was passed two years ago by the HOUSE OF REPRESENTATIVES. Senate by an immense majority, a four-fifths majority, and it was a subject of discussion two years ago in Alabama in the elections to the TUESDAY, February 23, 1886. Legislature, Congress, &c. I did not participate in the discussion at TheHousemetat12o'clockm. PrayerbytheChaplain, Rev. W.H. all. . I was there and made some speeches in the State, but I never !rfiLBURN, D. D. . allud€d to the Blair bill. The Legislature met last winter a year ago, The Journal of the proceedings of Friday last was read and approved. the same legislature that re-elected my colleague to the Senate. Says this paper: DUILDIXG FOR PRThTTIKG AND :&~GRAVING BUREAU. There was an effort made in the last. Legislature to pasS a resolution indorsing the Blair bill and instructing the .Alabama. Senators to vote for it- The SPEAKER laid before the House a letter from the Secretary of the Treasury, transmitting a letter from the Chief oftheBureauofPrint­ I was not there at a]],- :ing and Engraving recommending the passage of a bill to condemn lot A Democratic ca.ucus of members of both houses was ca.lled for that purpose. But the ca.ucus was a. failure. Less than a. dozen members, all told. of the house 12 of square 231, Washington city, for the purpose of erecting a build­ and senate were present, and it was Major W oda.well, of Perry, who got up, and, ing for the use of that bureau; which was referred to the Committee on picking up the speaker's gavel, rapped the little crowd to order and announced Public Buildings and Grounds, and ordered to be printed. with a. pleased and humorous expression on his benevolent face, "Gentlemen, ibis thing is a. failure, and is declared adjourned sine die." This was the end of SUBSIS:rENCE OF INniANS. all further efforts during the session to get up a sentiment in favor of the BJ.aV bill. The SPEAKER also laid before the House a letter from the Secretary That is the whole story about this affair in my State, and here I stand of the Treasury, transmitting a report from the Commissioner of Indian alarmed at the idea that my Legislature had actually instructed me to Affairs, showing diversions, for subsistence of Indians, of surplus appro­ vote for the Blair bill and never had the grace to communicate the in­ priations authorized by the Indian appropriation act of March 3, l!:l85; structions to me. I was very much more alarmed when I looked over which was referred to the Committee on Indian .Affairs, and ordered to the Senate files and found Senate bill 2642, introduced by the Senator be printed. from New Hampshire [Mr. BLAIR] by request, thefirstsectionofwhich SURVEY OF P ASCA.GOULA RIVER, FLORIDA. I will read. I was really alarmed that perhaps my Legislature might The SPEAKER also laid before the House a letter from the Secretary l1ave instructed me to vote for this bill of the Senator from New Ha.mp­ of War, transmitting a letter from the Chief of Engineers, with reports shire, which has relation to a kindred subject. from Maj. A. N. Damrell of a survey and ex.amination,of the Pasca­ A bill granting lands to aid in th.e establishment of an endowment for sa.ving8, to goula River, Florida; which was referred to the Committee on Rivers promote thrift and to assist the people to preserve themselves from sinking into or remaining in the dangerous and degraded hand-to-mouth condition of ab­ and Harbors, and ordered to be printed. solute and direct dependence upem current wages. SALE OF FORT BRADY, lUICHIGA.N. Be it enacted by the &nate and Hou.se of Representatives of the United States of America in Oong7·ess assembled, That upon the conditions hereinafter stated, and The SPEAKER also laid before the House a letter from the Secretary for the purpo e of aiding in the establishment of an endowment for savings (to of War, transmitting a report from the Chief of Engineers in relation to promote thrift and assist. citizen':! of the United States to preserve themselves from inking into or remaining in the dangerous and degraded hand-to-mouth Senate bill753 for the sale of Fort Brady, Michigan; which was referred condition of absolute and direct dependence upon current wage ), there is hereby to the Committee on Military Affairs, and ordered to be printed. granted to the People's RealE tate Tontine, asocietyorcompany now engaged in aecumulating and administering such an endowment, the . right to take and SURVEY OF WACISSA RIVER, FLORIDA. hold, for the purpose ofsuch endowment, sections of the public lands not other­ The SPEAKER also laid before the Housealetterfrom the Secretary wise disposed of or reserved or held by valid pre-emption or homestead right at the time of such taking, to the amount of one such section for every hundred of War, transmitting a report from Maj. A. N. Damrell, Corps of Engi­ dollars received by said company in subscriptions to its tontine year-funds, but neers, of an examination of Wacissa River, Florida; which was referred not to exceed 1, 000,000 acres in all; and whenever and as often as the said to the Committee on Rivers and Harbors, and ordered to be printed. company shall prove to the Secretary of the Interior that it has in fact received subscriptions to its year-funds to the amount of$100, the said Secretary shall ca.use LEAVE OF A.BSENCE. patents to be issued to said company for one such section, to be by him selected if practica.ble n·om al.!:long lands actually worth at the time at least the minimum By nnanimous consent, leave of absence was granted as follows: selling price, and as nearly adjacentas maybe to the sections, if any, theretofore To :Mr. DUNH.A.M, for one week, on account of important business. granted to said company under this act. To :Mr. CAMPBELL, of Ohio, for three days, on account of important I notice that that bill is now before the Committee on Education and business. Labor. To Mr. ADAMS, of New York, until Tuesday next, on account of im­ Mr. BLAIR. The Committee on Public Lands. portant business. Mr. MORGAN. The Senator from Vermont is impatient, but I am CHANGES OF REFERENCE. not. The SPEAKER. The Chair finds, upon examination, that the bill Mr. EDMUNDS. I am very patient indeed. (H. R. 2200) granting a pension to William Gilmore and the bill (H. :Mr. MORGAN. The Senator has not been in theSenatealldayand R. 2763) for the relief of Hiram Haskell were improperly refen-ed to he is excusable for his impatience. the Committee on Invalid Pensions. If there be .J;J.O objection House I find that that same bill has been introduced again and I call atten­ bill No. 2200 will be referred to the Committee on Pensions and House tion to it now for two purposes. One is that I do not want the Legis­ bill No. 2763 to the Committee on Claims. lature of Alabama to instruct me to vote for that wild measure of agrari­ There being no objection, it was ordered accordingly. anism and communism, which is only of a piece with the bill which the honorable Senator is advocating here to-day. I am against all such STEA.MSHIP CAROLINE 1\IILLER. measures. I am for trying to hold down the legislation of this country Mr. DUNN. I ask unanimous consent to report back for immediate to reasonable and proper bounds. I am trying to keep it in the range consideration, from the Committee on Ship-building and Ship-owning of those objects and purposes which our fathers had in view when they Interests, the bill (S. 491) to provide for an American register for the adopted the Constitution of the United States. steamship Caroline Miller, of Baltimore, Md. This bill is identical :h.Ir. EDMUNDS. The Senator from Alabama has concluded. I with a bill already reported by this committee, and its early passage move that the Senate proceed to the consideration of executive business. is a matter of importance. The motion was agreed to; and the Senate proceeded to the consid­ The SPEAKER. The bill will be read, after which the Chair will eration of exet>.utive business. After thirty-seven minutes spent in ex­ ask for objection. ecutive session the doors were reopened, and (at 5 o'clock and 37 min­ Mr. BEACH. There is no use wasting time reading the bill. I utes p. m.) the Senate adjourned. shall object to the consideration at present. The SPEAKER. The gentleman from New York [Mr. BEA.CH] ob­ EXECUTIVE NOMINATIONS. jects. Mr. DUNN. I ask the gentleman to allow me to make a statement Nominations received the 23d day of February, 1886. before he insists on his objection. CONSUL. 1\fr. BEACH. I understand that quite a number of members have John Woessner, of Texas, now vice-consul at Saltillo, to be consul what they conceive to be important bills and resolutions, which they of the United States at that place. desire to introduce simply for reference. I therefore ask unanimous REGISTER OF THE LA.ND OFFICE. consent that a call of the States may be had at this time. Mr. DUNN. I object. Charles F. Wikins, of Minnesota, to be register of the land office at Benson, Minn., vice Darwin S. Hall, commission expired. SI'ITINGS OF CQ)Il\IITTEE ON APPROPRIATIONS. CONFIRMATIONS. Mr. FORNEY, by unanimous consent, reported from the Committee on Appropriations the following resolution; which was read, considered, conformed February 23, 1886. Nominations and adopted: UNITED STATES MA.RSHAL. Resolved, That the Committee on Appropl'iations and it.s subcommittees have Charles B. Harmon, of Maine, to be marshal of the United Statas for leave t-o sit during the sessions of the House for the present session. the district of Maine. Mr. FORNEY moved to reconsider the vote by which the resolution PENSION AGENT. was adopted; and also moved that the motion to reconsider be laid on Alfred B. Judd, of :Milwaukee, Wis., to be pension a.gent at Mil­ the table. waukee, Wis. 'l.'he latt-er motion wu.s ~areed to.